Judiciary - (also known as the judicial system or 'court system)
is the system of courts that interprets and applies the law in
the name of the state. The judiciary also provides a
mechanism for the resolution of disputes. Under the doctrine
of the separation of powers,
the judiciary generally does not make law (that is, in a plenary
fashion, which is the responsibility of the legislature) or
enforce law (which is the responsibility of the executive),
but rather interprets law and applies it to the facts of each case.
This branch of the state is often tasked with ensuring equal
justice under law. It usually consists of a court of final appeal
(called the "Supreme court” or "Constitutional court"), together
with lower courts.
“The judicial power shall be vested in one
Supreme Court and in such lower courts as
may be established by law.
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.”
Adjudicatory Power
◦ To settle actual controversies involving rights
◦ To determine whether there has been a
grave abuse of discretion to lack or excess of
jurisdiction
 Judicial Review
◦ Interpret the law and make them binding
judgements
◦ Constitutionality of the laws
 Incidental Power
◦ powers essential for the discharge of their
judiciary function

Final decision maker
 Highest court of the land

Classes of Courts

Constitutional Court
◦ Provided by the constitution
◦ One Supreme Court

Statutory Courts
◦ Creations of law
 Legislative
◦ Lower courts
 Courts below the Supreme Court

Regular
◦ Court of Appeals
◦ Regional Trial Court
 Metropolitan Trial Court
 Municipal Trial Court
 Municipal Circuit Trial Court
◦ Shari’a District Court

Special
◦ Sandiganbayan
 Review cases filed against government officials
◦ Court of Tax Appeals
 Review appeals on the decisions of the BIR
Agencies under the Executive Department
performing duties similar to the Judicial
Department
 Make pronouncements and judgements on
certain issues

◦ Commission on Elections
◦ National Labor Relations Commission
◦ Securities and Exchange Commission
◦ They render judgements just like the Judicial
Department, yet they form part of the Executive
Department
 The
Supreme Court shall have the
following powers:
1. Exercise original jurisdiction over
cases affecting ambassadors, other
public ministers and consuls, and
over petitions for certiorari,
prohibition, mandamus, quo
warranto, and habeas corpus.
2. Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and
orders of lower courts.
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.
6. Appoint all officials and employees of
the Judiciary in accordance with the
Civil Service Law.
 Settle
disputes concerning consuls or
diplomats
◦ They enjoy immunity from domestic suits or
cases
 Petition
for Certiorari
◦ Special civil action requesting a lower court
or body to transmit the records to the
superior court for review
 Prohibition
◦ Writ by which the superior court prohibits
the lower court or body to stop further
proceedings

Mandamus
◦ Order by a superior court to a lower court to
do perform a certain act which it is bound to
do so

Quo Warranto
◦ Action by the government to recover an
office or franchise from an individual
unlawfully holding it

Automatic Review of Cases sentenced by
lower court with Reclusion Perpetua or
Death Penalty
(1)
No person shall be appointed
Member of the Supreme Court or
any lower collegiate court unless he
is a natural-born citizen of the
Philippines. A Member of the
Supreme Court must be at least
forty years of age, and must have
been for fifteen years or more, a
judge of a lower court or engaged in
the practice of law in the Philippines.
(2)
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.
(3)
A Member of the Judiciary must be
a person of proven competence,
integrity, probity, and
independence.
Natural-born Philippine citizen
 At least 40 years old
 At least 15 years experience of being Judge
at the lower court or engaged in the
practice of law
 Person of proven competence, integrity,
probity and independence
 For lower court Judges, natural-born
citizenship requirement is not necessary

(1)
The Members of the Supreme Court and
judges of lower courts shall be appointed
by the President from a list of at least three
nominees preferred by the Judicial and Bar
Council for every vacancy. Such
appointments need no confirmation.
(2)
For the lower courts, the President shall
issued the appointment within ninety days
from the submission of the list.
“The Members of the Supreme Court and
judges of the lower court shall hold office
during good behaviour until they reach
the age of seventy years or become
incapacitated to discharge the duties of
their office. The Supreme Court en banc
shall have the power to discipline judges of
lower courts, or order their dismissal by a
vote of majority of the Members who
actually took part in the deliberations on
the issues in the case and voted in
thereon.”
The Supreme Court shall be composed
of a Chief Justice and fourteen
Associate Justices. It may sit en banc
or in its discretion, in division of three,
five, or seven Members. Any vacancy
shall be filled within ninety days from
the occurrence thereof.

All cases involving the constitutionality of a
treaty, international or executive agreement, or
law, which shall be heard by the Supreme Court
en banc, and all other cases which under the
Rules of Court are required to be heard en banc,
including those involving the constitutionality,
application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances,
and other regulations, shall be decided with the
concurrence of a majority of the Members who
actually took part in the deliberations on the
issues in the case and voted thereon.
(3)
Cases or matters heard by a division shall
be decided or resolved with the
concurrence of a majority of the Members
who actually took part in the
deliberations on the issues in the case and
voted thereon, and in no case without the
concurrence of at least three of such
Members. When the required number is
not obtained, the case shall be decided en
banc: Provided, that no doctrine or
principle of law laid down by the court in
a decision rendered en banc or in division
may be modified or reversed except by
the court sitting en banc.




Composed of 15 Judges
Chief Justice
Appointed by the President
Hearing Procedure
◦ In performance of their job, are they required to always
meet as a single group of 15?
◦ Due to the huge volume of pending cases filed at them
 En banc
 Divisions of three members (5 divisions)
 Divisions of five members (3 divisions)
 Divisions of seven members (2 divisions)
- Gravity and importance of the case
- At least three judges agreeing

Constitutionality Issues
◦ treaty, international law, executive agreement,
laws
◦ presidential decrees, proclamations, and orders
 Majority of the members of the judiciary who
participated in the hearing
 If majority votes were not obtained,
constitutionality is upheld
 15 members – quorum is 8 – votes required is
only 5

Administrative proceedings for the dismissal
of a judge of a lower court

Cases where majority vote is not obtained
at the lower courts
◦ Division with 3 members
◦ Majority vote is equals to?
3 votes
◦ What will happen if two judges agreed, the
other disagreed?
 Case will be decided by en banc

Modifying decisions in cases decided in an
en banc session