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Legal Structure in The Philippines PDF

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81 views43 pages

Legal Structure in The Philippines PDF

Uploaded by

Sofia Vinuya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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THE LEGAL STRUCTURE IN THE

PHILIPPINES
➤ In
the Philippines, government powers are
shared and dispensed equally among three
main branches – the Executive, Legislative
and Judicial branches.
➤ Although seemingly triple in number and
separate in identity, the three branches
comprise a single and undivided entity –
the Government.
➤ Apart from the dictates of tradition and more than
just a legacy from its forerunners, the Philippine
political structure is based on the necessity of
maintaining the system of checks-and-balances in
the manner by which the State exerts political power
upon its constituents.
➤ Thus, while the Legislature crafts the laws and the
Executive Branch implements the same; the Judiciary
interprets such laws and tempers abuse/s that may
arise from any wrongful interpretation thereof.
➤ Judicialpower is vested by the Constitution in one
Supreme Court and in such lower courts as may be
established by law. (Article X, Section 1, Constitution).
➤ Batas Pambansa 129 (August 14, 1981) otherwise
known as the Judiciary Reorganization Act of 1980
created the Intermediate Appellate Court (which was
later renamed as the Court of Appeals by virtue of
Executive Order No. 33 dated July 28, 1986),
Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts.
CLASSIFICATION OF
COURTS
CLASSIFICATION OF COURTS

1. Regular Courts
2. Special Courts
3. Quasi-Courts / Quasi-Judicial Agencies
CLASSIFICATION OF COURTS
1. Regular Courts - These refer to those courts
authorized to engage in the general
administration of justice. These courts derive
their powers from the Philippine Constitution,
which is the fundamental law of the land. At the
apex of the courts lumped within this
classification is the Philippine Supreme Court.
Below the Supreme Court are three tiers of lower-
level courts that initially decide controversies
brought about by litigants in the first instance.
CLASSIFICATION OF COURTS
1. Regular Courts
2. Special Courts - These refer to tribunals that have
limited jurisdiction over certain types of cases or
controversies. While special courts have judicial
powers just like the regular courts, the scope of the
controversies that special courts can hear are limited
only to those that are specifically provided in the
special law creating such special courts. Outside of the
specific cases expressly mentioned in the provisions of
the statute creating the special court, these courts have
no authority to exercise any powers of adjudication.
A distinct kind of special court that is
recognized in the Philippines is the so- called
Shari’a Court. While the Shari’a Court has
the powers of the regular courts, the subjects
over whom it can wield its judicial powers are
limited solely to Muslim Filipinos. Other than
Muslim Filipinos, the Shari’a Court has
neither right nor authority to exercise powers
of adjudication.
CLASSIFICATION OF COURTS
1. Regular Courts
2. Special Courts
3. Quasi-Courts / Quasi-Judicial Agencies -
The Philippine system of government allows
administrative agencies to exercise adjudicatory
powers in certain types of controversies,
particularly if the same would facilitate the
attainment of the objectives for which the
administrative agency had been created.
➤ Unlike regular and special courts, quasi-courts do
not possess judicial powers. Instead they possess
and in fact, exercise what are termed as quasi-
judicial powers.
➤ Even though they are not courts of justice, either
the Constitution or the special statute empowers
these agencies to exercise such quasi-judicial
powers solely in aid of the administrative powers
that they are administrative agency is allowed
only for the empowered to exercise.
➤ Essentially,
the exercise of judicial powers
by the administrative agency is for the
purpose of attaining its specific goals. If the
exercise would not facilitate the attainment
of the objectives of the Department, there is
no basis for exercising quasi-judicial
functions.
HIERARCHY AND
JURISDICTION OF
COURTS
REGULAR COURTS
➤ There are four (4) levels of courts in the
Philippines, wherein judicial power is vested.
As stated above, it is the Supreme Court that
is at the apex of this four-tiered hierarchy.
➤ Below the Supreme Court are lower courts of
graduating degrees of responsibility, with the
court of a lower level deferring to the
authority of a higher-level court.
REGULAR COURTS
➤ Regularcourts may also refer to the court
system proper or “integrated judicial
system” – a multi-tiered complex of
tribunals with general adjudicative powers,
composed of the SC, CA, and the RTCs.
REGULAR COURTS
➤ At the lowest level of the hierarchy are the
first-level courts, consisting of the
Metropolitan Trial Courts [MTCs], the
Municipal Trial Courts in Cities (or
Municipalities) [MTCCs], and Municipal
Circuit Trial Courts [MCTCs]. These are
basically trial courts.
REGULAR COURTS
➤ The distinction among these courts is
dictated principally by geography more than
anything else. MTCs are situated in cities
and municipalities within the Metro Manila
area. Courts outside the Metro Manila area
are called MTCCs; while those situated in
municipalities [political geographical units
that are smaller than cities] are called
MCTCs.
REGULAR COURTS
➤ Regional Trial Courts (RTC) 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.
SPECIAL COURTS
➤ Asreiterated earlier, the Philippine judicial system
recognizes the existence of tribunals that have
limited jurisdiction over specific types of
controversies. These tribunals are called “special
courts”.
➤ Among the classification of special courts are: Court
of Tax Appeals (CTA) and the Sandiganbayan.
➤ Inaddition, there is also the Shari’a Court that
exercises powers of adjudication over Muslim
Filipinos.
SPECIAL COURTS
➤ Court of Tax Appeals (CTA). The CTA
was created pursuant to Republic Act No.
1123 (June 16, 1954). A collegiate court
composed of three (3) judges, the CTA is
vested with the jurisdiction to review on
appeal decisions of the Commissioner of
Customs and the Commissioner of
Customs in tax and/or tax-related cases.
SPECIAL COURTS
➤ Sandiganbayan. Like the CTA, the
Sandiganbayan is a special collegiate court,
with jurisdiction to try and decide criminal
cases involving violations of Republic Act
No. 1039 (Anti-Graft & Corrupt Practices
Act), Republic Act No. 1379;
SPECIAL COURTS
➤ Shari’a Courts. Presidential Decree (P.D.) No.
1083 creates the so-called Shari’a Courts, which
have limited jurisdiction over the settlement of
issues, controversies or disputes pertaining to the
civil relations between and among Muslim
Filipinos.
➤ Specifically,these controversies require the
interpretation of laws on Persons, Family
Relations, Succession, Contracts, and similar laws
applicable only to Muslims.
SPECIAL COURTS
➤ Despite the seeming exclusivity of the
jurisdiction of the Shari’a Courts with
regard to controversies involving Muslims,
the Supreme Court retains the power to
review orders of lower courts through
special writs. (R.A. 6734, Art. IX, Sec.1).
This review extends to decisions made by
the Shari’a Courts.
QUASI-COURTS OR QUASI-JUDICIAL AGENCIES
➤ There are several quasi-courts or quasi-
judicial agencies recognized in the
Philippines. As stated above, these agencies
can exercise powers of adjudication solely if
there is legal basis for the exercise of such
powers.
➤ There are agencies that derive quasi-judicial powers from the
Constitution. These include the Civil Service Commission,
Commission on Elections, and the Commission on Audit.
QUASI-COURTS OR QUASI-JUDICIAL AGENCIES
➤ The Civil Service Commission (CSC) is the central
personnel agency for Philippine public officers and employees.
As the central personnel agency of the government, the CSC
is responsible for promoting morale, efficiency, integrity,
responsibility, progressiveness and courtesy in the civil
service; strengthening the merits and rewards system;
integrating all human resources development programs; and
institutionalizing a management climate conducive to public
accountability. (CONSTITUTION, Art. IX-B, Sec. 3)
QUASI-COURTS OR QUASI-JUDICIAL AGENCIES
➤ The Commission on Elections
(COMELEC) is the constitutional body
tasked with the enforcement and
administration of Philippine election laws.
(CONSTITUTION, Art. IX-C, Sec. 2 [2])
QUASI-COURTS OR QUASI-JUDICIAL AGENCIES
➤ The Commission on Audit (COA) is the office
that has the power, authority, and duty to examine,
audit and settle all accounts pertaining to the
revenue and receipts of, and expenditures or uses
of funds and property, owned or held in trust by, or
pertaining to the Government or any of its
subdivisions, agencies or instrumentalities.
(CONSTITUTION, Art. IX-D, Sec. 2 [1]) Like the two (2) other
Constitutional Commissions, the COA also has the authority to decide
cases brought to it for attention, with appeal from decisions thereof to
be brought to the Supreme Court. (CONSTITUTION, Art. IX-A, Sec. 7)
THE COURT OF APPEALS
➤ The Court of Appeals, composed of one
Presiding Justice and sixty eight Associate
Justices is vested with jurisdiction over
appeals from the decisions of the
Regional Trial Courts and certain quasi-
judicial agencies, boards, or
commissions.
THE SUPREME COURT
➤ TheSupreme Court is the highest Court in
the Philippines. There is only one Supreme
Court composed of one Chief Justice and
fourteen Associate Justices. It is the final
arbiter of any and all judicial
issues. When so deciding, it may sit en
banc or in divisions of three, five, or seven
members.
IMPORTANT POINTS
➤ There is no trial by jury in the Philippines.
➤ TheRules of Court govern pleading,
practice, and procedure before all courts.
These rules consist of four parts dealing
with civil actions, special proceedings,
criminal procedure, and evidence.
➤A civil action is an ordinary suit in a court
of justice by which one party prosecutes
another for the enforcement of a right, or
the prevention or redress of a wrong. Civil
actions are either ordinary or special, the
latter requiring a different procedure from
that of ordinary civil actions.
➤ Civilcases are caused not by conduct prohibited
by law, but personal dealings which give rise to
certain obligations, such as entering into a
contract or performing acts which result in
damages (injuries or financial loss) to another.
➤ Examples are non-payment of indebtedness or
rents, failure to deliver ordered goods or
delivering defective ones, rendering defective
service, negligently causing injuries to another or
his property, etc.
➤ Criminal actions are initiated either by a
complaint or an information. A complaint is a
sworn statement charging a person with an
offense subscribed to by the offended party or
any peace officer or other public officer charged
with the enforcement of the law violated.
➤ An information is an accusation in writing
charging a person with the offense subscribed
to by the fiscal and filed with the court.
➤ Criminal cases stem from violations of penal statutes or
laws that impose penalties for their violation. The principal
penal statute in the Philippines is the Revised Penal Code,
which defines various conducts or activities as crimes
and provides penalties for their commission.
➤ Examples of crimes are murder, theft, robbery, swindling,
arson, rebellion, slander, rape, etc. There are also laws
being passed by Congress from time to time, violations of
which can result in criminal cases, such as laws against
possessing unlicensed firearms or issuing worthless checks.
These are called special criminal laws.
➤ Unlike in other countries, regular courts try
both types of cases. The State, through the
government's prosecutory arm, always
participates in criminal cases as a party,
while only private parties are usually
involved in civil cases. The State involves
itself in civil cases only when it is one of the
party litigants.
➤ Asmentioned, in criminal cases the State is
always a party. This is because crimes offend not
only the victim, but the State which has an
interest in maintaining peace and order in society;
this is why all criminal cases are titled "People of
the Philippines" versus the accused person.
➤ The people or the State is represented by a public
prosecutor (formerly called fiscal) whose role is
chiefly to prosecute the accused person by
proving the charges against him or her.
➤ Although strictly speaking the public prosecutor's job is
not to seek the conviction of the accused but to find the
truth, in reality the prosecutor's disposition is almost
always to secure a conviction.
➤ The victim of the crime is called the private offended
party, but is properly considered merely as the principal
witness to the crime, assuming of course he or she is
alive or competent to testify. There are crimes, however,
where there is no private offended party and are,
therefore, called public crimes, such as prostitution,
illegal possession of firearms or illegal drugs cases.
➤ Violations of the law on mass media may
either be civil, criminal, or both.

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