N B COURTS PILLAR

A body to which the public administration of justice is delegated. It is an entity or

body upon which judicial power is vested.
Philippine Court System
1. Judicial Power. Judicial power shall be vested not only in the Supreme Court but in
such lower courts as may be established by law. The Supreme Court is the only
constitutional court, all the lower courts being of statutory creation. Judicial power
authorizes the courts of justice to (i) settle actual controversies involving conflicting
rights; or (ii) to review the discretion of the political departments of the government.
2. Independence of the Judiciary. To maintain the independence of the judiciary, the
following are Constitutional safeguards: (1) the Supreme Court, being a constitutional
body, cannot be abolished nor may its membership or the manner of its meetings be
changed by mere legislation; (2) members of the Supreme Court may not be removed
except by impeachment; (3) the Supreme Court may not be deprived of its minimum
original and appellate jurisdiction; (4) appellate jurisdiction of the Supreme Court may
not be increased by law without its advice and concurrence; (5) appointees to the
judiciary are nominated by the Judicial and Bar Council; (6) the Supreme Court now has
administrative supervision over all lower courts and their personnel; (7) the Supreme
Court has exclusive power to discipline judges of lower courts; (8) members of the
Supreme Court and all lower courts have security of tenure, which cannot be
undermined by a law reorganizing the judiciary; (9) they shall not be designated to any
agency performing quasi-judicial or administrative functions; (10) salaries of judges may
not be reduced during their continuance in office; (11) judiciary shall enjoy fiscal
autonomy; (12) the Supreme Court alone may initiate rules of court; (13) only the
Supreme Court may order the temporary detail of judges; and (14) the Supreme Court
can appoint all officials and employees of the judiciary.
3. Hierarchy or Organization of Courts. The Philippine Judicial System consists of a
hierarchy of courts resembling a pyramid with the Supreme Court at the apex.
(i) Supreme Court Composition. The Supreme Court shall be composed of a
Chief Justice and fourteen (14) Associate Justices.
Qualifications. (1) Natural-born citizen of the Philippines; (2) at least forty (40) years of
age; (3) must have been a judge of a lower court or engaged in the practice of law in the
Philippines for fifteen (15) years of more; and (4) be a person of proven competence,
integrity, probity and independence.
Appointment. Appointed by the President from a list of at least three (3) nominees
prepared by the Judicial and Bar Council. Appointments need no confirmation.
Exercise of Powers and Functions. Court exercises its judicial functions and its
powers of administrative supervision over all courts and their personnel through the
Court En Banc and its three (3) Divisions composed of five (5) justices (Chairman and
Associate Justices.
Term and Tenure of Office. Holds office during good behavior until they reach the age
of seventy (70) years or become incapacitated to discharge the duties of their office.
(ii) Court of Appeals
Composition. The Court of Appeals shall consist of a Presiding Justice and sixty-eight
(68) Associate Justices.
Qualifications. (1) Natural-born citizen of the Philippines; (2) at least forty (40) years of
age; (3) must have been a judge of a court of record for at least ten (10) years or has
been in active actual practice of law before the civil courts for the same period; and (4)
be a person of proven competence, integrity, probity and independence .
Appointment. Appointed by the President from a list of at least three (3) nominees
prepared by the Judicial and Bar Council. Appointments need no confirmation.
Appointments issued within 90 days from submission of list.
Exercise of Powers and Functions. Court of Appeals shall exercise its powers,
functions, and duties through twenty-three (23) divisions, each composed of three (3)
members. The court may sit En Banc for the purpose of exercising administrative,
ceremonial or other non-adjudicatory functions.
Term and Tenure of Office. Shall hold office during good behavior until they reach the
age of seventy (70) years or become incapacitated to discharge the duties of their
office.
(iii) Sandiganbayan and Court of Tax Appeals
Composition. SANDIGANBAYAN: The Sandiganbayan is composed of a Presiding
Justice and twenty (20) Associate Justices (See RA 10660 dated April16, 2015).
COURT OF TAX APPEALS (CTA): Composed of a Presiding Justice and eight (8)
Associate Justices
Qualifications. SANDIGANBAYAN: (1) Natural-born citizen of the Philippines; (2) at
least forty (40) years of age; and (3) a judge of a court of record or has held office
requiring admission to the bar as a prerequisite for at least ten (10) years. CTA: Same
qualifications as those provided for under existing laws for the Presiding Justice and
Associate Justices of the Court of Appeals.
Appointment. SANDIGANBAYAN: Appointed by the President of the Philippines.
CTA: Appointed by the President upon nomination by the JBC
Exercise of Powers and Functions. SANDIGANBAYAN: The Sandiganbayan shall
exercise is adjudicatory powers, functions and duties through its seven (7) Divisions. It
sits En Banc for the exercise of its administrative, ceremonial and nonadjudicatory
functions. CTA: The CTA may sit En Banc of in three (3) Divisions, each Division
consisting of three (3) Justices. Five (5) justices shall constitute a quorum for sessions
en banc and two (2) justices for sessions of a Division
Term and Tenure of Office. SANDIGANBAYAN: Shall not be removed from office
except on impeachment upon the grounds and in the manner provided for in the
Constitution. CTA: Shall hold office during good behavior until they reach the age of
seventy (70), or become incapacitated to discharge the duties of their office, unless
sooner removed for the same causes in the same manner provided by law for members
of the judiciary of equivalent rank.
(i) Regional Trial Court
Composition. There are hereby created thirteen (13) Regional Trial Courts, one for
each of the judicial regions (JR). 1stJR: 57; 2ndJR: 32; 3rdJR: 75; NCJR: 172; 4thJR:
82; 5thJR: 55; 6thJR: 63; 7thJR: 46; 8th JR: 33; 9th JR: 24; 10th JR: 32; 11th JR: 29;
12th JR: 20
Qualifications. (1) Natural-born citizen of the Philippines; (2) at least thirty-five (35)
years of age; (3) engaged in the practice of law in the Philippines or has held a public
office in the Philippines requiring admission to the practice of law as an indispensable
requisite for at least ten (10) years; and (4) be a person of proven competence, integrity,
probity and independence.
Appointment. Appointed by the President from a list of at least three (3) nominees
prepared by the Judicial and Bar Council. Appointments need no confirmation.
Appointments issued within 90 days from submission of list.
Exercise of Powers and Functions. The Supreme Court shall define the territory over
which a branch of the Regional Trial Court shall exercise its authority. The territory thus
defined shall be deemed to be the territorial area of the branch concerned for purposes
of determining the venue of all suits, proceedings or actions, whether civil or criminal, as
well as determining the MeTCs, MTCs, MCTCs over the said branch may exercise
appellate jurisdiction.
Term and Tenure of Office. Shall hold office during good behavior until they reach the
age of seventy (70) years or become incapacitated to discharge the duties of their
office.
(ii) Metropolitan/Municipal/Municipal Circuit Trial Courts
Composition. There shall be created a Metropolitan Trial Court (MeTC) in each
metropolitan area established by law, a Municipal Trial Court (MTC) in each of other
cities or municipalities, and a Municipal Circuit Trial Court (MCTC) in each circuit
comprising such cities and/or municipalities as are grouped together pursuant to law.
Qualifications. (1) Natural-born citizen of the Philippines; (2) at least thirty (30) years
of age; (3) engaged in the practice of law in the Philippines or has held a public office in
the Philippines requiring admission to the practice of law as an indispensable requisite
for at least five (5) years; and (4) be a person of proven competence, integrity, probity
and independence.
Appointment. Appointed by the President from a list of at least three (3) nominees
prepared by the Judicial and Bar Council. Appointments need no confirmation.
Appointments issued within 90 days from submission of list.
Exercise of Powers and Functions. The Supreme Court shall constitute Metropolitan
Trial Courts (MeTCs) in such other metropolitan areas as may be established by law
whose territorial jurisdiction shall be co-extensive with the cities and municipalities
comprising the metropolitan area. The Supreme Court shall determine the city or
municipality where the Municipal Circuit Trial Court (MCTC) shall hold sessions.
Term and Tenure of Office. Shall hold office during good behavior until they reach the
age of seventy (70) years or become incapacitated to discharge the duties of their
office.
(iii) Shari’a Court
Composition. Shari’a District Courts and Shari’a Circuit Courts are courts of limited
jurisdiction which shall exercise powers and functions in accordance with Title I, Book
IV of PD 1083.
Qualifications. SHARI’A DISTRICT JUDGE: In addition to the qualifications for judges
of the Regional Trial Court, the Shari’a judge should be learned in Islamic law and
jurisprudence. SHARI’A CIRCUIT COURT: (1) Natural-born citizen of the Philippines;
(2) at least 25 years of age; and (3) has passed Shari’a and Islamic jurisprudence
exam.
Appointment. Appointed by the President of the Philippines.
Exercise of Powers and Functions. The territorial jurisdiction of each of the Shari’a
District Courts and Shari'a Circuit Courts shall be fixed by the Supreme Court on the
basis of geographical contiguity of the municipalities and cities concerned and their
Muslim population.
Term and Tenure of Office. Shall be appointed to serve during good behavior until
they reach the age of sixty-five (65), or become incapacitated to discharge the duties of
their office, unless sooner removed for the same causes and in the same manner as
RTC/MTC judges.
4.Jurisdiction of Courts Jurisdiction Defined. Jurisdiction is the authority to hear
and determine a cause or the right to act in a case. It may be: (i) General: when it is
empowered to decide all disputes which may come before it, except those assigned to
other courts; (ii) Limited: when it has authority to hear and determine only a few
specified cases; (iii) Original: when it can try and decide a case presented for the first
time; (iv) Appellate: when it can take a case already heard and decided by a lower court
removed from it by appeal; (v) Exclusive: when it can try and decide a case which
cannot be presented before any court; (vi) Concurrent: when any one of two or more
courts may take cognizance of a case; (vii) Criminal: that which exists for the
punishment of crime; or (viii) Civil: that which exists when the subject matter is not of a
criminal offense.
Jurisdiction in Criminal Cases: Preliminary Considerations.
• Criminal Jurisdiction Defined. Authority to hear and try a particular offense
and impose the punishment for it.
• Elements of Jurisdiction. The elements of jurisdiction are: (1) nature of the
offense and/or penalty attached thereto; and (2) commission of the offense within
the territorial jurisdiction of the court. Non-concurrence of the two (2) elements
may be challenged by an accused at any stage of the proceedings in the court
below or on appeal. Failing in one of them, a judgment of conviction is null and
void.
• Requisites for its Valid Exercise. For a court to have exclusive or concurrent
jurisdiction to try the case, it is essential that it must have (1)
jurisdiction over the offense, and (2) jurisdiction over the person of the accused•
JURISDICTION OVER THE OFFENSE is conferred by law. The jurisdiction of a
court to try a criminal action is determined by the law in force at the time of the
institution of the action.
• JURISDICTION OVER THE PERSON OF THE ACCUSED is acquired either by
his arrest or by his voluntary appearance in court.
• Determination of Jurisdiction. The jurisdiction of a court in criminal cases is
determined by the allegations of the complaint or information.
• Extent of Jurisdiction. Once jurisdiction has been acquired, the court retains it
until the final termination of the case.
5. Bail Defined. Bail is the security given for the release of a person in custody of the
law, furnished by him or a bondsman, to guarantee his appearance before any court as
required under the conditions hereinafter specified.
Forms of Bond. Bail may be given in the form of (1) corporate surety, (2) property
bond, (3) cash deposit, or (4) recognizance. (114.1) Conditions of Bail. The conditions
of bail are: (1) the undertaking shall be effective upon approval, and unless cancelled,
shall remain in force at all stages of the case until promulgation of the judgment of the
Regional Trial Court, irrespective of whether the case was originally filed in or appealed
to it; (2) the accused shall appear before the proper court whenever required by the
court of these Rules; (3) the failure of the accused to appear at the trial without
justification and despite due notice shall be deemed a waiver of his right to be present
thereat. In such case, the trial may proceed in absentia; and (4) the bondsman shall
surrender the accused to the court for execution of the final judgment.
When Bail a Matter of Right and a Matter of Discretion. Bail is a MATTER OF
RIGHT: for noncapital offenses. Bail is a MATTER OF DISCRETION: (1) upon
conviction by RTC of an offense not punishable by death, reclusion perpetua or life
imprisonment; or (2) for capital offenses, when evidence of guilt is not strong.
Where to File the Application for Bail. Generally, the bail application is filed with the
court where the case is pending (court which issued the warrant of arrest) (a) if the case
is pending before the inferior court, either for preliminary investigation or for trial, then
that court may admit the case for bail; or (b) if the case is pending before the RTC for
trial, the application shall be made in that RTC.
When Bail is Reduced or Not Required. When the person has been detained for the
maximum possible sentence: immediate release without bail. When the person has
been detained for the minimum period imposable by law on the offense: release on a
reduced bail or on personal recognizance.
Actions on the Bond. The actions on the bond are:
(i) Release on Bail. Accused must be discharged upon approval of the bail
by the judge with whom it was filed.
(ii) Release on Recognizance. A person in custody for a period equal to or
more than the minimum of the principal penalty prescribed for the offense
charged, without application of the Indeterminate Sentence Law or any
modifying circumstance, shall be released on a reduced bail or on his own
recognizance, at the discretion of the court.
(iii) Increase or Reduction of Bail. After the accused is admitted to bail, the
court may, upon good cause, either increase or reduce its amount.
(iv) Forfeiture of Bail Bond. If the accused is not produced on the date of
trial specified, the court issues an “order of forfeiture and arrest of the
accused”. Justifiable reasons for the nonproduction or non-appearance of
the accused are (1) an act of God (e.g. death), (2) an act of the law (e.g.
abolition of the court), or (3) an act of the obligee-government (e.g. the
accused was arrested for another offense).
(v) Cancellation of Bail Bond. Upon APPLICATION of the bondsmen, with
due notice to the prosecutor, the bail may be cancelled upon (a) surrender
of the accused or (b) proof of his death. The bail shall be deemed
AUTOMATICALLY CANCELLED upon (c) acquittal of the accused, (d)
dismissal of the case, or (e) execution of the judgment of conviction.
(vi) (After Final Judgment. No bail shall be allowed after a judgment of
conviction has become final. If before such finality, the accused applies for
probation, he may be allowed temporary liberty under his bail.
6.Arraignment and Plea Arraignment Defined. The actual reading of the charges
against the accused. This is part of the right of the accused to be informed of the
charges against him. Thus, the complaint (if inferior court) or information (RTC or
inferior court) must be read in a language known to him if the arraignment is to serve its
purpose.
• After the charge is read, the accused is asked how he pleads. His plea must be
made personally.
• The accused must be present at the arraignment and must personally enter his
plea. Both arraignment and plea shall be made of record, but failure to do so
shall not affect the validity of the proceedings. (116.1b).
• When the accused refuses to plead or makes a conditional plea, a plea of not
guilty shall be entered for him. (1a)
• When the accused pleads guilty but presents exculpatory evidence, his plea
shall be deemed withdrawn and a plea of not guilty shall be entered for him. (n)
Plea of Guilty.
(i) Plea of Guilty to a Lesser Offense. At arraignment, the accused, with the
consent of the offended party and prosecutor, may be allowed by the trial
court to plead guilty to a lesser offense which is necessarily included in the
offense charged. After arraignment but before trial, the accused may still
be allowed to plead guilty to said lesser offense after withdrawing his plea
of not guilty. No amendment of the complaint or information is necessary.
(Sec. 4, Circ. 38-98) (116.2)
(ii) Plea of Guilty to a Capital Offense. When the accused pleads guilty to a
capital offense, the court shall conduct a searching inquiry into the
voluntariness and full comprehension of the consequences of his plea and
shall require the prosecution to prove his guilt and the precise degree of
culpability. The accused may present evidence in his behalf. (116.3)
(iii) Plea of Guilty to a Non-Capital Offense. When the accused pleads guilty
to a non-capital offense, the court may receive evidence from the parties
to determine the penalty to be imposed. (116.4)
(iv) Withdrawal of Improvident Plea of Guilty. At any time before the judgment
of conviction becomes final, the court may permit an improvident plea of
guilty to be withdrawn and be substituted by a plea of not guilty. (116.5)

Suspension of Arraignment. Upon motion by the proper party, the arraignment shall
be suspended in the following cases: (i) accused appears to be suffering from an
unsound mental condition which effectively renders him unable to fully understand the
charge against him and to plead intelligently; (ii) there exists a prejudicial question; or
(iii) a petition for review of the resolution of the prosecutor is pending at either the
Department of Justice, or the Office of the President.
7. Pre-Trial. Pre-trial in criminal cases has now been made mandatory. Accused is
merely required to sign the written agreement arrived at in the pretrial conference, if he
is in conformity therewith. Unless otherwise required by the court, his personal
presence at the conference is not indispensable.
8. Trial. The present rule enjoins continuous trial. To warrant a postponement due to
absence of a witness, it must appear (i) that the witness is really material and appears
to the court to be so; (ii) that the party who applies for postponement has not been guilty
of neglect; (iii) that the witness can be had at the time to which the trial has been
deferred; and (iv) that no similar evidence could be obtained. The non-appearance of
the prosecution at the trial, despite due notice, justifies a provisional dismissal, or an
absolute dismissal, depending on the circumstances.
• Order of Trial. The trial shall proceed in the following order: (1) prosecution
shall present evidence to prove the charge and, in the proper case, the civil
liability; (2) accused may present evidence to prove his defense and damages, if
any, arising, from the issuance of a provisional remedy; (3) prosecution and the
defense may, in that order, present rebuttal and sur-rebuttal evidence unless the
court, in furtherance of justice, permits them to present additional evidence; (4)
upon admission of evidence of the parties, the case shall be deemed submitted
for decision unless the court directs them to argue orally or to submit written
memoranda. When the accused confesses to having committed the act
constituting the crime, but alleges a justifying or exempting circumstance, then
the order of trial can be reversed and he can be made to present evidence of his
justification or exemption.
9.Judgment. Judgment is the adjudication by the court that the accused is guilty or not
guilty of the offense charged and the imposition on him of the proper penalty and civil
liability, if any. (120.1)
• Form of Judgment. It must be written in the official language, personally and
directly prepared by the judge and signed by him and shall contain clearly and
distinctly a statement of the facts and the law upon which it is based. (120.1)
• Contents of a Judgment of Conviction. If the judgment is of conviction, it shall
state: (1) legal qualification of the offense constituted by the acts committed by
the accused and the aggravating or mitigating circumstances which attended its
commission; (2) participation of the accused in the offense, whether as principal,
accomplice, or accessory after the fact; (3) penalty imposed upon the accused;
and (4) civil liability or damages caused by his wrongful act or omission to be
recovered from the accused by the offended party, if there is any.
• Contents of a Judgment of Acquittal. If the accused is acquitted, the judgment
must state: (1) whether the evidence absolutely fails to prove this guilt or only
that it fails to do so beyond reasonable doubt; and (2) whether the act or
omission from which the civil liability may arise does not exist.
• Promulgation of Judgment. Whether the judgment is of conviction or acquittal,
the accused must be present during its promulgation. There are two (2) ways of
promulgating the judgment: (1) if the accused (or his attorney in light offenses) is
 present, it is promulgated by reading the judgment in his presence; or (2) if the
accused is absent, the judgment is promulgated by its being recorded in the
criminal docket and a copy being served on the accused or his counsel.
• Modification of Judgment. Only the accused can ask for reconsideration or
modification of a judgment of conviction. A judgment in a criminal case, except
where the death penalty is imposed, becomes final (and executory): (1) after the
lapse of the period for perfecting an appeal, (2) when the sentence has been
partially or totally satisfied or served, or (3) when the accused has waived in
writing his right to appeal, or has applied for probation.
• Entry of Judgment. A judgment of acquittal is immediately final upon its
promulgation and cannot be withdrawn by another order reconsidering the
dismissal of the case, nor can it be modified except to eliminate something which
is civil or administrative in nature. Thus, it is “entered” right away.
10) Sentencing
Judgment and Sentence Explained. Judgment is the adjudication by the court that
the accused is guilty or not guilty of the offense charged and the imposition on him of
the proper penalty and civil liability, if any. (120.1) Sentencing involves a judicial
determination of the appropriate punishment for a specific crime.
Penalties in General.
• Penalty Defined. In its general sense, PENALTY signifies pain; in its juridical
sphere, PENALTY means the suffering undergone, because of the action of
society, by one who commits a crime. Hence, PENALTY is imposed only after a
conviction in a criminal action.
• Constitutional Limitations on Penalties. Excessive fines shall not be
imposed, nor cruel, degrading or inhuman punishment inflicted. Death penalty
shall not be imposed, unless, for compelling reasons involving heinous crimes.
Congress shall provide for it (Sec. 19, Article III, 1987 Philippine Constitution).
• What Penalties May be Imposed. Only the penalty provided by law prior to
the commission of a felony. The exception to this rule is a penalty modified by a
law subsequent to the commission of the crime which favors the offender, except
if the latter is a habitual delinquent or when the law otherwise provides.
• Classification, Duration and Computation of Penalties.
(i) Under the Revised Penal Code. Under the Article 25 of the
Revised Penal Code: (1) PRINCIPAL: that provided by law for a
felony and which is imposed by the court expressly upon
conviction; or (2) ACCESSORY: that deemed included in the
imposition of the principal penalty.

(ii) Classification of Principal Penalties.

 According to their DIVISIBILITY: (1) Indivisible: those which do not
have fixed duration, like death, reclusion perpetua, perpetual
absolute or special disqualification, public censure, or (2) Divisible:
those which have a fixed duration and are always divisible into
three periods, namely: maximum, medium, and minimum, like
prision mayor. According to their GRAVITY: (1) Afflictive – reclusion
perpetua, (2) Correctional – arresto mayor, or (3) Light – public
censure. According to SUBJECT MATTER: (1) Deprivation of
Freedom – reclusion perpetua, (2) Restriction of Freedom –
destierro, (3) Deprivation of Rights – suspension, or (4) Pecuniary
– fine
(iii) Scale of Penalties.
PRINCIPAL PENALTIES
Afflictive Penalties:
Reclusion Perpetua
Reclusion Temporal
Perpetual or Temporary absolute disqualification
Perpetual or Temporary special disqualification
Prision Mayor

Correctional Penalties:
Prision Correccional
Arresto Mayor
Suspension
Destierro

Light Penalties:
Arresto Menor
Public Censure
Penalties Common to the Three Preceding Classes:
Fine and Bond to Keep the Peace

ACCESSORY PENALTIES
Perpetual or temporary absolute disqualification
Perpetual or temporary special disqualification
Suspension from public office, the right to vote and be voted for, the
profession or calling
Civil interdiction
Indemnification
Forfeiture or confiscation of instruments and proceeds of the
offense
Payment of Costs
(iv) Duration of Penalties.
 Reclusion Perpetua – after serving 30 years, he may be pardoned
Reclusion Temporal – 12 years, 1 day to 20 years
Prison Mayor and Temporary Disqualification – 6 years, 1 day to 12
years
Prision Correccional, Destierro, Suspension – 6 months, 1 day to 6
years
Arresto Mayor – 1 month, 1 day to 6 months
Arresto Menor – 1 day to 30 days
Bond to Keep the Peace – such period of time as the court may
require
Note: Temporary disqualification or suspension if imposed as an
accessory penalty – duration is the same as that of the principal penalty. If
the penalty imposed is reclusion perpetua, the convict may be pardoned
after serving the penalty of 30 years. This is not mandatory. However,
the longest term of imprisonment cannot exceed 40 years (Art. 70).