Judiciary

The Judicial Branch of the Philippines

Judiciary - (also known as the judicial system or 'court system) is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers,

the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive),

but rather interprets law and applies it to the facts of each case. This branch of the state is often tasked with ensuring equal justice under law. It usually consists of a court of final appeal (called the "Supreme court” or "Constitutional court"), together with lower courts.

Judicial Department

• Judicial power rests with the Supreme Court and the lower courts, as established by law (Art. VIII, sec. 1 of the 1987 Constitution). Its duty is to settle actual controversies involving rights which are legally demandable and enforceable (Art. VIII Sec. 1 (2)).

• The judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by the Legislature below the appropriated amount the previous year (Art. VIII, sec. 2).

Supreme Court of the Philippines

Supreme Court of the Philippines - Kataas-taasang Hukuman ng Pilipinas• the highest court in the Philippines. It has an administrative supervision

over all courts and the personnel.

• The court consists of 14 associate justices and 1 Chief Justice.• The powers of the Supreme Court are defined in Article VIII of the 1987

Constitution.• These functions may be generally divided into two – judicial

functions and administrative functions

• The administrative functions of the Court pertain to the supervision and control over the Philippine judiciary and its employees, as well as over members of the Philippine bar.

• The Court is further authorized to promulgate the rules for admission to the practice of law, for legal assistance to the underprivileged, and the procedural rules to be observed in all courts.

Court of Appeals

Court of Appeals - Hukuman ng Paghahabol ng Pilipinas

• is the Philippines' second-highest judicial court, just after the Supreme Court. The court consists of 68 Associate Justices and 1 Presiding Justice.

•       The Court of Appeals was established under Batas Pambansa Bilang 129 known as "The Judiciary  Reorganization Act of 1980". The Court is composed of one Presiding Justice and sixty eight  (68) Associate Justices.  They are all appointed by the President. The Court sits by divisions, each division being composed of three members. The Court may sit en banc for the purpose of exercising administrative, ceremonial or other non-adjudicatory functions. 

Sandiganbayan

Sandiganbayan – the peoples advocate• The Sandiganbayan is a special court which was established

under Presidential Decree No. 1606.  Its rank is equivalent to the   Court of Appeals.  

• The SB or Sandiganbayan tries and decides criminal and civil cases against government officials and employees accused of graft and corruption and similar other cases.

• The Sandiganbayan shall sit in five (5) divisions of three justices each. The five (5) may sit at the same time.  The first three divisions shall be stationed in the Metro Manila area, the fourth division shall be in Cebu City for cases coming from the Visayas region, and the fifth division shall be in Cagayan de Oro City for cases coming from the Mindanao region.  

Sandiganbayan – the peoples advocate• THE OMBUDSMAN ACT OF 1989Republic Act No.

6770•  Philippine Laws Against Graft and Corruption

• Sec. 2. Declaration of Policy. - The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

• Public office is a public trust and must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, efficiency, act with patriotism and justice and lead modest lives.

Court of Tax Appeals

Court of Tax Appeals - Hukuman ng Paghahabol sa Buwis ng Pilipinas

•  is the special court of limited jurisdiction, and has the same level with the Court of Appeals. The court consists of 8 Associate Justices and 1 Presiding Justice.

• Previously, only decision, judgment, ruling or inaction of the Commissioner of Internal Revenue, the Commissioner of Customs, the Secretary of Finance, the Secretary of Trade and Industry, or the Secretary of Agriculture, involving the National Internal Revenue Code and the Tariff and Customs Code on civil matters are appeallable to the Court of Tax Appeals.

• The expanded jurisdiction transferred to the CTA the jurisdiction of the Regional Trial Courts and the Court of Appeals over matters involving criminal violation and collection of revenues under the National Internal Revenue Code and Tariff and Customs Code. In addition, it also acquired jurisdiction over cases involving local and real property taxes which used to be with the Regional Trial Court and the Court of Appeals.

Regional Trial CourtsRegional Trial Courts were established among the thirteen regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR). There are as many Regional Trial Courts in each region as the law mandates. Regional Trial Courts shall exercise exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter. RTC Criminal Courts typically try cases of serious crimes like murder and robbery, as opposed to petty crimes, which reduce the burden of court cases.

MUNICIPAL TRIAL COURTS

• PROCEDURE IN THE MUNICIPAL TRIAL COURTS[CRIMINAL] RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL COURTS  

• Section 1. Uniform Procedure. • The procedure to be observed in the Metropolitan Trial Courts, Municipal

Trial Courts and Municipal Circuit Trial Courts shall be the same as in the Regional Trial Courts, except (a) where a particular provision expressly or impliedly applies only to either of said courts; and (b) in criminal cases governed by the Rule on Summary Procedure in Special Cases adopted on August 1, 1983, namely, (1) Violations of traffic laws, rules and regulations; (2) Violations of the rental law; (3) Violations of municipal or city ordinances; and (4) All other criminal cases where the penalty prescribed by law for the offense charged does not exceed six months imprisonment, or a fine of one thousand pesos (P1,000.00) or both irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom; Provided, however, that in offenses involving damage to property through criminal negligence, said Rule shall govern where the imposable fine does not exceed ten thousand pesos (P10,0000.00).

MUNICIPAL TRIAL COURTS• Every municipality in the Philippines has

its own Municipal Trial Court.  It is referred to as such if it covers only one municipality; otherwise,  it is called Municipal Circuit Trial Court if it covers two or more municipalities.    

Metropolitan Trial Court• Municipal Trial Courts in the towns and cities in

the Metropolitan Manila area, as distinguished from the other political subdivisions in the Philippines, are referred to as Metropolitan Trial Courts.     In cities outside Metropolitan Manila, the equivalent of the Municipal Trial Courts are referred to as Municipal Trial Courts in Cities.    

Municipal Circuit Trial Courts• Municipal Circuit Trial Courts are judicial

courts of the Philippine Judicial Sytem which covers two or more municipalities in the country. Every municipality in the Philippines has its own Municipal Trial Court. It is referred to as such if it covers only one municipality; otherwise, it is called Municipal Circuit Trial Court if it covers two or more municipalities.

Shari’a District Courts andShari’a Circuit Courts

www.muslimmindanao.ph

Shari’a District Courts• Equivalent to the Regional Trial Courts in rank are the Shari'a District Courts which

were established in certain specified provinces in Mindanao where the Code of Muslim Personal Laws of the Philippines is being enforced. There are five Shari'a District Courts and fifty one Shari'a Circuit Courts in existence. 

A Shari'a District Court is of limited jurisdiction.   It was created under Presidential Decree No. 1083. Cases falling within the exclusive jurisdiction of the Shari'a District Courts primarily pertain to family rights and duties as well as contractual relations of Filipino Muslims in the Mindanao. 

• The Shari'a District Court has appellate jurisdiction over all cases tried in the Shari'a Circuit Courts within their territorial jurisdiction. 

It shall decide every case on the basis of the evidence and the records transmitted as well as such memoranda, briefs or oral arguments as the parties may submit. 

The decisions of the Shari'a District Courts, whether on appeal from the Shari'a Circuit Courts or not, shall be final. The Supreme Court shall, however, continue to exercise original and appellate jurisdiction over certain issues as provided by the Constitution. 

 

THE SHARI'A CIRCUIT COURTS 

• Equivalent to the Municial Circuit Trial Courts are the Shari'a Circuit Courts which were established in certain municipalities in Mindanao where the Code of Muslim Personal Laws of the Philippines is being enforced. 

There are five Shari'a Circuit Courts and fifty one Shari'a Circuit Courts in existence. 

A Shari'a Circuit Court has original jurisdiction over the following: 

• 1.  All cases involving offenses defined and punished under Presidential Decree No. 1083;  

2.  All civil actions and proceedings between parties who are Muslims or have been married in accordance with Article 13 of Presidential Decree No. 1083 involving disputes relating to:  

• a.  Marriage;  b.  Divorce recognized under Presidential Decree No. 1083;  c.  Betrothal or breach of contract to marry;  d.  Customary dowry (mahr);  e.  Disposition and distribution of property upon divorce;  f.   Maintenance and support, and concolotary gifts(mut'a); and  g.   Restitution of marital rights.   

• 3.  All cases involving disputes relative to communal properties.

APPOINTMENTS TO THE JUDICIARY

• Under the present Constitution, appointments to the judiciary are made by the President of the Philippines on the basis of a list submitted by the Judicial and Bar Council (by virtue of Art. VIII, Sec. 8). The JBC is under the supervision of the Supreme Court.  Its principal function is to screen prospective appointees to any judicial post. The Judicial and Bar Council promulgated its Rules (JBC-009) on October 31, 2000. It is composed of the Chief Justice as ex-officio Chairman, the Secretary of Justice and representatives of Congress as ex-officio members, a representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court and a representative of the private sector as members.

Guidelines and Qualifications for Appointment in the Judiciary

• • Members of the Supreme Court,Court of Appeals,Court of Tax Appeals

• Natural-born citizen of the Philippines; • • At least 40 years old; • •At least 15 years of practice as a judge of a lower court ; or At least 15

years of law practice in the Philippines.

• Members of the Sandiganbayan• •Natural-born citizen of the Philippines; • •At least 40 years old; • •At least 10 years of practice as a judge of a court of record; or At least 10

years of law practice in the Philippines; or At least 10 years holding an office requiring admission to the bar as a prerequisite. * CONST.

Guidelines and Qualifications for Appointment in the Judiciary

• Judges of the Regional Trial Courts* • • Natural-born citizen of the Philippines; • • At least 35 years old; • • At least 10 years of law practice in the Philippines; or At least 10

years holding an office requiring admission to the bar as a prerequisite.

• Judges of the First Level Courts** • • Natural-born citizen of the Philippines; • • At least 30 years old; • • At least 5 years of law practice in the Philippines; or At least 5 years

holding an office requiring admission to the bar s a prerequisite

Guidelines and Qualifications for Appointment in the Judiciary

• Judges of Shari’a District Courts* • • Natural-born citizen of the Philippines; • • At least 35 years old; • • At least 10 years of law practice in the Philippines; or At least 10

years holding an office requiring admission to the bar as a prerequisite.

• • Must be learned in the Islamic Law and jurisprudence.

• Judges of Shari’a Circuit Courts** • • Natural-born citizen of the Philippines; • • At least 25 years old; • •Passed an examination on the Shari’a and Islamic Jurisprudence

given by the Supreme Court

APPOINTMENTS TO THE JUDICIARY

THE CHIEF JUSTICEMa. Lourdes P. A. SerenoTenure as Chief Justice: August 24, 2012 – presentAppointed by: Benigno S. Aquino IIIAge at Appointment: 52

The incumbent Chief Justice, Ma. Lourdes P.A. Sereno, appointed by President Benigno S. Aquino III, took her oath of office on August 25, 2012. She is the first woman to hold the position.

Reference

Website: Official Gazette of the Republic of the Philippines

URL: http://www.gov.ph/about/judiciary/

Atty.Chan,Joselito and Robles, Reynaldo.Website: Chan Robles Virtual Law LibraryURL: http://www.chanrobles.com/© iplaw.chanrobles.com