The Judiciary

MODULE 8:THE
JUDICIARY
REPORTER
NATHANIEL MISCALA
MARY JANE EDANO
Judicial Power
 The power to decide on legal disputes is known as judicial power.
Article VIII, Section 1 of the 1987 Constitution provides that "judicial
power shall be vested in one Supreme Court and in such other lower
courts as may be established by law”.
As provided in the same section, "it includes the duty of the courts of
justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of
jurisdiction or the part of any branch or instrumentality of the
Government." Hence, the central function of the judges is to adjudicate
and interpret the law.
 The judicial branch is one of the three independent, coequal, and coordinate branches
of the government. 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
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
 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
Municipal trial courts in city
 There are also special courts, which are tribunals that have limited jurisdiction over certain eases or
controversies.
Shari’ a Cort
-which has the powers similar to the regular courts but the subjects
over whom judicial powers are exercised are limited to Muslim
Filipinos (Panga langan 2011).
Court of tax Appeals
-which retains exclusive appellate jurisdiction to review by appeal not
only civil tax cases but also those that are criminal in nature.
Sandiganbayan
-is a special court that has jurisdiction over civil cases (including
graft , corruption , and other offenses ) committed by public officers
and employees and those in government-owned or government-
controlled corporations.
The expanded judicial system of the Philippines
also includes quasi-courts or quasi-judicial
agencies.
These are bodies or agencies that exercise adjudicatory
powers in certain types of controversies, While judicial
powers technically pertain to and are exercised only by
courts, agencies such as the Civil Service Commission ,
Commission on Elections and commission on Audit also
posses quasi-judicial powers (Pangalangan 2011).
The following presents the organization of regular courts:
The Supreme Court
The Supreme Court is also known as the court of last resort. It is
composed of 1 chief of justice and 14 associate justice.
Powers of the Supreme Court according to Article

VIll, Section 5 of the 1987 Constitution
1. Exercise original jurisdiction over cases

affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas
2. Review, revise, reverse, modify or affirm on
appeal or certiorari, as the law or the Rules of Court
may provide, final judgements and orders of lower
courts in:
a. All cases in which the constitutionality or validity
of any treaty, international or executive agreement,
law, presidential decree, proclamation, order.
instruction, ordinance, or regulation is in question.
b. All cases involving the legality of any tax, impost,
assessment, or toll. or any penalty imposed in relation
thereto.
c. All cases in which the jurisdiction of any lower court is
in issue.
d. All criminal cases in which the penalty imposed is
reclusion perpetua or higher.
e. All cases in which only an error or question of law is
involved.
3. Assign temporarily judges of lower courts to
other stations as public interest may require.
Such temporary assignment shall not exceed
six months without the consent of the judge
concerned.
4. Order a change of venue or place of trial to

avoid a miscarriage of justice.
 5. Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading. practice, and
procedure in all courts, the admission to the practice of law,
the integrated bar, and legal assistance to the under-
privileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall
not diminish, increase or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
6. Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
 Section 6 also provides that the Supreme Court shall have
administrative supervision over all courts and the personnel
thereof. The offices under the Supreme Court include the Judicial
and Bar Council, the Office of the Court Administrator, the
Philippine Judicial Academy, and the Philippine Mediation
Center.
Section 8 provides that a Judicial and Bar Council is hereby
created under the supervision of the Supreme Court composed of
the Chief Justice as ex officio Chairman, the Secretary of Justice,
and a representative of the 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.
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 VIlI, 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
there of 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 he 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 ll of Article VIl 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. The
authority to discipline judges of lower courts is vested in the Supreme
Court en banc The judges of lower courts could also dismissed by a vote
of a majority of the members who took part in the deliberations on the
issues of the case.
Finally , section 12 prohibits the
members of Supreme Court and of
other courts to be designated to any
agency which performs quasi-
judicial or administrative functions.
Issues, Challenges, and Prospects
The Philippine judicial system is far from pertect as it

continues to face several issues and problems. Among
these are the widespread perception of graft and
corruption; questions on judicial independence and the
manner of appointments: negative perceptions on
delivering justice; delay and inefficiency in the
administration of the judicial system; and people's
accessibility to courts, among others.
 AsDressel (2011) observed ,“ despite constitutional safeguards

for judicial independence and the assertiveness of the Philippine
Supreme Court, the judicial system generally is plagued by
problems ranging from limited access to justice by the poor to
chronic inefficiency and widespread perceptions of corruption
and political interference." He added that the Philippines poor
have far less access to justice as compared to those who have
connections and who make use of the system to their advantage.
 High-level corruption is rarely prosecuted. While the highest court of

the land achieved points of success with regard to judicial reform, its
programs are still spoiled by killing of judges, filing of libel suits
against critical members of the media (as done by President Arroyo),
and the granting of presidential pardon to President Estrada in 2007.
There were also last-minute Supreme Court appointments done by
Arroyo, which raised questions about the independence of the highest
court. With President Benigno Aquino’s election and platform under
“Tuwid na Daan," late Chief Justice Renato Corona, an Arroyo
appointee, was impeached.
 Political patronage and interference continue to threaten the
independence of the judiciary. Creating a strong, a political
judiciary is more crucial in the context of Philippine democratic
consolidation. The declining political trust of the public on the
judiciary and the justice system is also an important concern. The
immediate settling of cases and enhancing the administration of
justice remain to be important challenges to judicial performance.
The judiciary must also address the growing complexity of
legislation and the need for advanced technologies, which will
enable courts to cope with the challenges of the digital age.
Nonetheless, it mist the realized that the prospects
of judicial reform in the country is not solely the
task of the said government branch. The judiciary
encompasses an expanded justice system, and it
involves several stakeholders- including, but not
limited to- other branches and agencies of the
government, public and private groups, and the
people.
THANK YOU

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MODULE 8:THE

Powers of the Supreme Court according to Article

1. Exercise original jurisdiction over cases

4. Order a change of venue or place of trial to

Meanwhile, Section 9 stipulates that "the Members of

The Philippine judicial system is far from pertect as it

 AsDressel (2011) observed ,“ despite constitutional safeguards

 High-level corruption is rarely prosecuted. While the highest court of

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