Lesson 8 PPG

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LESSON 8

PHILIPPINE POLITICS
AND GOVERNANCE

Judicial Branch Philippine


Politics and Governance

Do you agree that “justice


delayed is justice denied”?
Explain your answer by sharing
an example of a person you
know, who has experienced
delay in the administration of
justice. What does this say
about Philippine society?

Objectives
At the end of this lesson,
I would be able to:
• Identify the roles and
responsibilities of the Philippine
judiciary;
• Discuss how the judiciary
exercises political neutrality and
fairness;
• Evaluate the performance
of the Philippine judiciary as a
dispenser of justice and a
protector of constitutional
safeguards to freedom

Introduction
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)
Judicial Branch
• Holds the power to settle
controversies involving
rights that are legally
demandable and enforceable.
• It provides mechanisms for
resolution and disputes.
• Do not make the law but
interprets it and applies it
to the facts of each case.
• Tasked with ensuring equal
justice under law.

The independence of the


Philippine judiciary is manifested
in the following:
• Creation of the Judicial
and Bar Council
• Expanded power of
judicial review
• Fiscal autonomy of the
judiciary
• Power to review proclamation
of martial law and the suspension
of the writ of habeas corpus
• Security of tenure of the judges
• The Supreme Court as judge
in presidential elections

Structure,
Organization, and
Composition of the
Judiciary

Structure, Organization, and


Composition of the Judiciary
The present judiciary is comprised
of regular courts
tasked to administer justice.
These are organized into four,
the first two being review courts
and the last two being trial
courts:

• Supreme Court
• Court of Appeals
• Regional Trial Courts
• Metropolitan Trial Courts,
Municipal Trial Courts,
Municipal Circuit Trial Courts,
and Municipal Trial Courts in Cities

Supreme Court
• Consists of 14 Associate Justices
and 1 Chief Justice
• Judicial and Administrative

Court of Appeals

Court of Appeals
• Consists of 68 Associate
Justices and 1 Presiding Judge.

Regional Trial Court


• Was established among
the regions of republic.
• Exercise jurisdiction in all
criminal cases not within
other courts except those
falling under the exclusive
and concurrent jurisdiction of the
Sandiganbayan.

Special Courts
Shari’a Courts,Court of Tax
Appeals, and Sandiganbayan

Court of Tax Appeals

Court of Tax Appeals


• Involves criminal violation
and collection of revenues
under the National Internal
Revenue Code and Tariff
and Customs Code.
• Consists of 8 Associate
Justice and 1 Presiding Justice.

Sandiganbayan
• A special court which was
established to decide criminal
and civil cases against
government officials and
employees accused of graft
and corruption and similar cases.

Shari’a District Courts


• Equivalent to the Regional Trial Court
established in specified provinces in
Mindanao where the Code of Muslim
Personal Laws of the Philippines is
being enforced.

Qualifications, Term of Office,


Appointment, and Removal of the
Members of Judiciary

The following are the qualifications


of the members of the Supreme
Court as provided by
Article VIII, Section 7, paragraph 1:
• Natural-born Filipino citizen
• At least 40 years old
• Must have been for 15 years
or more a judge of a lower court
or engaged in the practice of law in
the Philippines
• Of proven competence, integrity,
and probity

Paragraph 2 of the same section


provides that the “Congress shall
prescribe the qualifications of judges of
lower courts, but no person may be
appointed judge thereof unless he is a
citizen of the Philippines and a member
of the Philippine Bar.”

Meanwhile, Section 9 stipulates


that “the Members of the Supreme
Court and judges of the lower courts
shall be appointed by the President
from a list of at least three nominees
prepared by the Judicial and Bar
Council for every vacancy.
Such appointments need no
confirmation. For the lower courts,
the President shall issue the
appointments within ninety days
from the submission of the list.
“Just like the president and vice
president, the justices of the Supreme
Court may be removed from
office through impeachment
(Article XI, Section 2).

Section 11 of Article VIII mandates


that the members of the Supreme
Court and the judges of lower courts
shall hold office in good behavior
until they reach 70 years old, or
become incapacitated to fulfill their duties.

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