THE JUDICIARY

Supreme Court and the lower courts under its supervision is where the power to resolve legal
disputes is vested. The aforementioned above is stated from the language of Section 1 of Article VIII of
the Philippine Constitution. It is also known as “Judicial Power”.
Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be
provided by law.
The judicial power includes the following responsibilities:
1. Settling legal controversies involving rights that are enforceable.
2. Determining if any government branch has acted with grave abuse of discretion.

Pre- 1987 Constitution: as the authority of courts “to settle justifiable controversies involving rights
that are enforceable and demandable or the redress of wrongs for violation of such rights, Lopez v.
Roxas (1966).

Essential Features of the Judicial Branch of Philippine Government

As indicated in Article VIII of the 1987 Philippine Constitution as of July 15, 2020 at the
webpage of The Official Gazette of the Philippine Government, the judicial power shall be vested in
one Supreme Court and in such lower courts as may be established by law. As defined in the same
article, judicial power 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 on the part of any branch or
instrumentality of the Government. The role of judiciary is important because this branch interprets
the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution.

According to the Judiciary Organization Act of 1980, the Philippine judicial system is composed
of lower courts and the highest court.

I. Lower Courts

 Municipal Trial Courts and Municipal Circuit Trial Court

Each municipality in the Philippines has a municipal trial court. If it just covers one
municipality, it is commonly referred to as a municipal court; if it serves two or more municipalities, it
is known as a municipal circuit court.

 Metropolitan Trial Courts and Municipal Trial Courts in Cities

Metropolitan trial courts refer to municipal trial courts located within the Metropolitan Area.
Municipal trial courts outside of Metropolitan Manila are known as Municipal trial courts in cities.

 Regional Trial Court (RTC)

Regional Trial Courts, also referred to as second level courts, are separated into thirteen (13)
judicial regions (which are further divided into many branches). RTCs are termed appellate courts
because they hear appeals and review lower-court decisions.
 1. Shari'a courts resolve legal disputes among Muslim Filipinos involving customary
and personal rules.
2. Court of Appeals has jurisdiction over appeals from the decision of the Regional
Trial Courts.

3. Sandiganbayan has exclusive jurisdiction over government officials and staff who
violate anti-graft and corruption statutes related to their position and office.

II. Highest Courts

 Supreme Court

The Supreme Court is the highest court in the Philippines. The last court makes decisions on all
judicial issues. The lower court's final verdicts and orders can be reviewed, revised, reversed,
modified, or affirmed. The most common reason a case reaches the Supreme Court is an appeal from a
lower court decision. Cases that are appealed are typically the result of trials in lower courts. The
Supreme Court does not hear cases that were filed before it but should have been filed first in the
lower courts.
Functions of the Supreme Court
There are two categories in the functions of the Supreme Court: administrative and
judicial.

Administrative Function
 Supervision and control over the judicial branch of the government and its
employees.

 Declare rules for the admission into the practice of law, for legal assistance to the
underprivileged, and the procedural rules to be observed in all courts
throughout the country.

Judicial Functions

 Settlement of actual controversies involving rights which are legally

demandable and enforceable.

 Judicial Review or the power of the Supreme Court to inquire into the
constitutionality of the acts of both the executive and legislative branches of
government.

Composition of Supreme Court

As indicated in Article VIII of the 1987 Philippine Constitution, the Supreme Court is
composed of one (1) Chief Justice and fourteen (14) Associate Justices. The Philippine
President appoints members of the judiciary from a list submitted by the Judicial and Bar
Council which is under the supervision of the Supreme Court.
Qualifications

The following are the requirements to be appointed to the Supreme Court:

- Natural-born citizen of the Philippines
- At least 50 years old at the time of appointment
- Must have been a judge of a lower court or engaged in the practice of law in the country
for 15 years or more
- Must be a person of proven competence, integrity, probity and independence.

Tenure of Service

The term of office of Supreme Court members is not fixed. Their tenure during good
behavior is until they reach seventy years old or become incapacitated to perform their
duties. They can be removed from their position only through impeachment.

 Court of Appeals

The Court of Appeals examines final judgments, decisions, and orders issued by
Regional Trial Courts and quasi-judicial authorities. These cases do not fall within the
Supreme Court's original or exclusive jurisdiction.

List of Quasi-Judicial Bodies

1. Civil Service Commission (CSC)

2. Commission on Election (COMELEC)
3. Commission on Audit (COA)
4. Office of the Ombudsman
5. National Labors Commission (NLRC)
6. Social Security Commission (SSC)
7. Housing Land Use and Regulatory Board (HLURB)
8. Energy Regulatory Commission (ERC)
9. National Police Commission (NPC)
10. Securities and Exchange Commission (SEC)

Agencies with no Quasi-Judicial Powers

1. Commission on Human Rights (CHR)

2. Presidential Commission on Good Government (PCGG)
 III. Katarungang Pambarangay

As of July 15, 2020, The Official Gazette of the Philippine Government mentioned under
the topic of Philippine Judiciary the existence of Katarungang Pambarangay. Through
Katarungang Pambarangay Law (Presidential Decree No. 1508), a system of amicably
settling disputes at the barangay level was established. It aims to promote the speedy
administration of justice by easing the congestion of court dockets. The court does not take
cognizance of cases filed if they are not filed first with the Katarungang Pambarangay.

DUE PROCESS

The requirement that legal disputes be resolved in accordance with established rules and
principles, and that individuals be treated fairly. Due process is applicable to both civil and
criminal situations.
Individuals in countries with established legal systems expect their constitutional rights
to be fairly applied. This expectation of due process defines the relationship that individuals
expect to have with their local, state, and federal governments—namely, that their rights will
not be violated.

Reference:
https://www.officialgazette.gov.ph/about/gov/judiciary/