Judicial DepartmentJudicial DepartmentPrepared by:Prepared by:

Ma. Elena K. ParaynoMa. Elena K. Parayno

It is the power to apply the laws to contest or disputes concerning legally recognized rights or duties between the state and private persons or between individual litigants in cases properly brought before the judicial tribunals.

ScopeScope Adjudicatory powerAdjudicatory power

To settle actual controversiesTo settle actual controversies Determine whether there has been Determine whether there has been

grave abusegrave abuse Judicial reviewJudicial review

Pass the constitutionality of the lawsPass the constitutionality of the laws Interpret themInterpret them Render binding judgmentRender binding judgment

Incidental powersIncidental powers

Organization of Courts

Regular CourtsRegular Courts Court of AppealsCourt of Appeals

69 justices,23divisions w/ 3 69 justices,23divisions w/ 3 membersmembers

Regional Trial CourtsRegional Trial Courts 720 RT judges per regions of the 720 RT judges per regions of the

countrycountry Metropolitan Trial CourtsMetropolitan Trial Courts Municipal Trial CourtsMunicipal Trial Courts Municipal Circuit Trial CourtMunicipal Circuit Trial Court

Special CourtsSpecial Courts

Tax of AppealsTax of Appeals With 3 judgesWith 3 judges Created by RA # 1125Created by RA # 1125

Sandigang BayanSandigang Bayan With 15 justicesWith 15 justices Operates in 5 divisions with 3 membersOperates in 5 divisions with 3 members Created by PD # 1606Created by PD # 1606

Quasi-judicial AgenciesQuasi-judicial Agencies

Administrative bodies Administrative bodies under the executive branch under the executive branch performing judicial performing judicial functions, like National functions, like National Labor Relations Labor Relations Commission, the Employees Commission, the Employees Compensation Commission, Compensation Commission, etc.etc.

Importance of the Importance of the judiciaryjudiciary

Confidence in the certain and Confidence in the certain and even administration of justiceeven administration of justice

Preservation of the Preservation of the governmentgovernment

Respect fro law and orderRespect fro law and order

Jurisdiction of courtsJurisdiction of courts

GeneralGeneral LimitedLimited OriginalOriginal AppellateAppellate

ExclusiveExclusive ConcurrentConcurrent CriminalCriminal CivilCivil

Composition of the Composition of the Supreme CourtSupreme Court

15 members15 members1 chief justice1 chief justice14 Associate justices14 Associate justices

Sitting ProcedureSitting Procedure

En bancEn banc In divisionsIn divisions

5 divisions with 3 members5 divisions with 3 members3 divisions with 5 members3 divisions with 5 members2 divisions with 7 and 8 2 divisions with 7 and 8 membersmembers

Qualifications of Supreme CourtQualifications of Supreme Court Must be a natural bornMust be a natural born At least 40 years of ageAt least 40 years of age 15 years or more been a judge 15 years or more been a judge

or engaged in practice of law or engaged in practice of law in the Philippinesin the Philippines

A person of proven A person of proven competence, integrity, probity competence, integrity, probity and independenceand independence

Qualifications of the Lower Qualifications of the Lower CourtsCourts

Must be a Filipino citizenMust be a Filipino citizen Must be a member of Must be a member of

Integrated Bar of the Integrated Bar of the PhilippinesPhilippines

Must be a person of proven Must be a person of proven competence, integrity, probity competence, integrity, probity and independenceand independence

Term of Office of members of Term of Office of members of the Supreme Court and the Supreme Court and

judges of the lower Courtsjudges of the lower Courts

during good behavior or during good behavior or until they reach the age of 70 until they reach the age of 70 yrs or become incapacitated yrs or become incapacitated to discharge the duties of to discharge the duties of their officetheir office

Powers of the Supreme CourtPowers of the Supreme Court Original jurisdiction over cases Original jurisdiction over cases

affecting diplomatic agentsaffecting diplomatic agents Original jurisdiction over petition for Original jurisdiction over petition for

certiorari, mandamus, prohibition, certiorari, mandamus, prohibition, quo warrantoquo warranto

Exclusive appellate jurisdictionExclusive appellate jurisdiction AppealAppeal CetiorariCetiorari Questions of lawQuestions of law

Assign temporary judges for Assign temporary judges for lower courts for 6 monthslower courts for 6 months

Order a change of venueOrder a change of venue Provide rules concerning the Provide rules concerning the

protection and enforcement protection and enforcement of constitutional rightsof constitutional rights

Submission of annual reportSubmission of annual report

ProhibitionsProhibitions

Prohibition against Prohibition against designation to quasi-judicial designation to quasi-judicial and administrative officeand administrative office

No rendering decision by any No rendering decision by any court without stating clear court without stating clear and distinct factsand distinct facts

Maximum rendition of Maximum rendition of decisionsdecisions

Supreme Court—24 monthsSupreme Court—24 months Court of Appeals—12 Court of Appeals—12

monthsmonths Lower Courts—3 monthsLower Courts—3 months

Judicial And Bar Council

A non-political process of selection and appointment of members of the Supreme Court and judges of lower courts

CompositionComposition Chief Justice as the Ex officio chairmanChief Justice as the Ex officio chairman Secretary of Justice as ex officio memberSecretary of Justice as ex officio member Representative from the Congress as ex Representative from the Congress as ex

officio memberofficio member The SC secretary will be the ex officio The SC secretary will be the ex officio

secretarysecretary Regular membersRegular members

A representative from Congress (4 yrs.)A representative from Congress (4 yrs.) A professor of law (3 yrs.)A professor of law (3 yrs.) Retired member of SC (2 yrs.)Retired member of SC (2 yrs.) Representative from private sector (1 yr)Representative from private sector (1 yr)