1
The Judicial System in the Philippines
https://geekrepublik.files.wordpress.com/2015/08/branches-of-government-21-728.jpg
Three kinds of courts in the country
1. Supreme Court-the highest in the land
2. Regular Court-Appellate Court,Regional Trial Court
3. Quasi-Judicial
bodies-NLRC
(National
Labor
Commission),SEC etc.
Realations
✓ The Sureme Court is composed of 1
Chief Justice and 14 associate justices
who serve until the age of 70,
✓ The court may sit en banc, or in one of
its three divisions composed of five
members each
.
✓ The chief Justice and associate justices
are appointed by the President of the
Philippines, chosen from a shortlist
submitted by the Judicial and
Bar
Council
✓ The president must fill up a vacancy
within 90 days of occurrence.
2
Powers of the Supreme Court
According to the 1987 Constitution of the Philippines Article VIII, sec. 5
shall the following powers:
1. Exercise original jurisdiction over cases affecting ambassadors, other
public nministers and consults, and over petitions for certiorari,
prohibitions, mandamus,quo warranto and hebeas corpus;
Definition of Terms
Certiorari - an extraordinary writ issued by a superior court (as the
Supreme Court) to call up the records of a particular case from an
inferior judicial body (as a Court of Appeals) — compare appeal.
Ex. If the petitioner is not contented with the decision from the lower
court, for review or in appeal ,the SC can call up records of a particular case from the
lower court.
Prohibitions - is a written order by which a superior court commands a
lower court or a corporation,board or person to desist from further
proceedings, in action or matter.
Ex. A written order to desist a proceedings in action or matter related to
a case.
Mandamus- an order issued by a higher court commanding a lower court
to corporation ,board, or a person to perform a certain act, which is its
duty to.
Ex. RTC will make an order to PNP to perform a certain act in the
performance of a duty.
Quo warranto - an action by the government to recover an office or
franchise from an individual or corporaion usurping or unlawfully
holding it.
Ex. If a corporation is acting illegally, the court can recover a franchise
legally.Just like Expiration of ABS-CBN farnchise, they can no longer be on air but if they
insist to be on air,using the same frequency, then they are acting illegally hence the
government can issue a quo warranto for the said corporation.
Habeas Corpus - is used to bring a prisoner or other detainee before the
court to determine if the person's imprisonment or detention is lawful.
A habeas petition proceeds as a civil action against the State agent (usually
a warden) who holds the defendant in custody.
Ex. Requesting to bring the institutionalized mental patient to court to
determine if the person is imprisoned or lawfully detained. A Writ of Hebeas Copus must
be filed.
3
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 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 underprivileged. 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, modify substantive rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.
5. Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law.
4
Source:https://pbs.twimg.com/media/EdIkXAKUMAAVDb0.jpg
Qualifications to become the member of the Supreme Court and any lower
collegiate court.
➢ He/she must be a natural born citizen of the Philippines
➢ Must be a 40 years of age
➢ Must have,for 15 years or more, been a judge of a lower court or
engaged in the practice of law in the Philippines.
Qualifications in the lower courts
➢ Must be a citizen of the Philippines
➢ Must be a member of the Philippine Bar
➢ Must be person of proven competence,integrity,
independence
probity
and
Judicial and Bar Council ( JBC)
o Task to nominate appointees to the Judiciary Corporation
o Chief Justice
o Secretary of Justice
o Representative from Congress
o IBP Representative
o Professor of Law
o Private Sector Representative
5
In rendering Court Decisions, this decision and opinion is certified by the
Chief Justice and served on the parties concerned. Moreover, dissentions
and absentions must be expired hence, the view must explain the facts of
the law.
Regular Courts
The Court of Appeal is the second highest tribunal in the
country, which was established on February 1, 1936 by
virtue of the Commonwealth Act, No. 3 came into being at
the time of independence. Moreover,the judges of
this court exercise great care in reviewing the decisions of
the lower courts and tribunals, against which complaints are
made.
It is composed of one presiding jusice and 68 justices, all of which are
appointed by the President from the shortlist submitted by the Judicial and
Bar Council.
Jurisdiction of the Court of Appeals:
1. Original jurisdiction to issue writs of mandamus,prohibiton,
certiorari,hebeas corpus, and quo warranto, and auxiliary writs or
process,whether or not in aid of its appellate jusrisdicion.
2. Exclusive original jurisdiction over actions for annulment of
judgments of Regional Trial Court.
3. Exclusive appellate jurisdiction over all final judgements, resolutions,
orders or awards of the Regional Trial Courts and quasi-judicial
agencies,instrumentalities,boards or commission, including the
Securities and Exchange Commission, the Social
Security
Commission, except those falling wihin the appellate jurisdiction of
the Suprreme Court in accordance with the Constitution, the Labor
Code of the Philippines, as amended, the provisions of this Act, ….of
the Judiciary Act of 1948.
The Court of Appeals shall also have the power to try cases and conduct
hearings, receive evidence and perform acts necessary to resolve factual
issues raised in cases falling within its original and appeallate jurisdiction,
including the power to grant and conduct new trials or proceedings.
6
The Court of Tax Appeals Hukuman ng Apelasyon sa Buwis is the
special court of limited jurisdiction, and has the same level
with the Court of Appeals. The court consists of 8 Associate
Justices and 1 Presiding Justice.
This court has an exclusive jurisdiction over tax
appealed by private citizens and commercial firms who
protect the amount of tax imposed.
Regional Trial Courts (RTC) are also known as Second Level
Courts, which were established among the thirteen Judicial
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.
The Regional Trial Court (RTC) shall exercise appellate
jurisdiction over all cases decided by Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts in
their
respective territorial jurisdictions. Moreover,RTC shall exercise exclusive
original jurisdiction in all criminal cases not within the exclusive jurisdiction
of any court, tribunal or body, except those now falling under the exclusive
and concurrent jurisdiction of the Sandiganbayan which shall hereafter be
exclusively taken cognizance of by the latter. RTC Criminal Courts typically
try cases of serious crimes like murder and robbery, as opposed to petty
crimes (MTC), which reduce the burden of court cases.
Ombudsmen are independent, impartial and provide a free
service. They investigate complaints that have not been
solved
by
the
organisation
complained
against. Ombudsmen investigate
complaints
when
something has been handled badly or unfairly, making
someone suffer as a result. This is sometimes called maladministration.
Republic Act 8249 (February 5, 1997) further defined the
jurisdiction
of
the Sandiganbayan,
amending
for
the purpose PD 1606. The Sandiganbayan (SB) tries and
decides criminal and civil cases against government officials
and employees accused of graft and corruption and similar
other offenses.
This is the court that decides cases involving graft and
corruption by government or employee.
7
Shari'ah courts in the country are under supervision of
the Supreme Court of the Philippines. Shari'ah courts in
the Philippines has jurisdiction over Muslim-majority
Bangsamoro as well as other parts of Mindanao outside the
autonomous region.
A Sharia Court of Appeal of a State shall exercise appellate
and supervisory jurisdiction in civil proceedings involving
questions of Islamic law. To the governments of all sharia states: Support
to Sharia Courts should be increased. They handle most of the litigation in
these states, especially for the poor.
MUNICIPAL CIRCUIT TRIAL COURTS(MTC,MCTC). Every municipality in the
Philippines has its own Municipal Trial Court. It is referred to as such if it
covers only one municipality; otherwise, it is called Municipal Circuit Trial
Court if it covers two or more municipalities. Hence the primary purpose of
government is to establish and maintain order in the society so that
members may live together peacefully and gainfully. This is achieved by
regulating the relationship among the people and the government.
Example: “Ejectment” cases, which include forcible entry or unlawful
detainer (non-payment of rentals), must always be filed with the MTC. If filed
in RTC, it will be dismissed due to lack of jurisdiction.
Quasi-Judicial Courts
The Department of Justice (DOJ) pursues its mandate through its agencies.
These are the following:
1. BUREAU OF CORRECTIONS
2. BUREAU OF IMMIGRATION
3. NATIONAL BUREAU OF INVESTIGATION
4. PAROLE AND PROBATION ADMINISTRATION
5. PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT
6. PUBLIC ATTORNEY'S OFFICE
7. OFFICE FOR ALTERNATIVE DISPUTE RESOLUTION
8. OFFICE OF THE GOVERNMENT CORPORATE COUNSEL
9. OFFICE OF THE SOLICITOR GENERAL
10. LAND REGISTRATION AUTHORITY
8
Bureau of Corrections (BuCor)
The Bureau of Corrections (BuCor) is charged with custody and
rehabilitation of national offenders, that is, those sentenced to serve a term
of imprisonment of more than three (3) years.
Bureau of Immigration
In accordance with the Revised Administrative Code of
1987, the Commission on Immigration and Deportation was renamed
BUREAU OF IMMIGRATION as it is more properly called today. Under
this code the Bureau is composed of three (3) structural units namely:
the Office of the Commissioner, the Board of Commissioners, and the
Board of Special Inquiry. These groups act as collegial bodies and
exercises quasi-judicial powers affecting the entry and stay of foreign
nationals in the country.
National Bureau of Investigation (NBI)
The main objective of the National Bureau of Investigation
is the establishment and maintenance of a modern, effective and
efficient investigative service and research agency for the purpose of
implementing fully principal functions provided under Republic Act No.
157, as amended.
9
Parole and Probation Administration (PPA)
The Parole and Probation Administration (PPA) provides a less
costly alternative to imprisonment of offenders who are likely to respond to
individualized community based treatment programs.
Presidential Commission on Good Government (CCGG)
The Presidential Commission on Good Government shall
be charged with the task of assisting the President in the recovery of illgotten wealth accumulated by former President Ferdinand E. Marcos,
his immediate family, relatives, subordinates and close associates,
whether located in the Philippines or abroad, including the takeover or
sequestration of all business enterprises and entities owned or
controlled by them, during his administration, directly or through
nominees, by taking undue advantage of their public office and/or
using their powers, authority, influence, connection or relationship; the
investigation of such cases of graft and corruption as the President may
assign to the Commission from time to time; and the adoption of
safeguards to ensure that the above practices shall not be repeated in
any manner under the new government, and the institution of adequate
measures to prevent the occurrence of corruption.
Public Attorneys Office (PAO)
The Public Attorney's Office exists to provide the indigent
litigants, the oppressed, marginalized and underprivileged members of
the society free access to courts, judicial and quasi-judicial agencies, by
rendering legal services, counseling and assistance in consonance with
the Constitutional mandate that free access to courts shall not be
denied to any person by reason of poverty in order to ensure the rule of
law, truth and social justice as components of the country's sustainable
10
development.
Office for Alternative Dispute Resolutin (OADR)
To promote, develop and expand the use of
alternative dispute resolution (ADR) in the private and public sectors;
and, to assist government to monitor, study and evaluate those sued by
the public and the private sector of ADR, and recommend to Congress
needful statutory changes to develop, strengthen and improve ADR
practices in accordance with world standards.
Office of the Government Corporate Counsel (OGCC)
The Office of the Government Corporate Counsel
(OGCC) was founded on December 01, 1935 as a Government Counsel
Division under the Department of Justice (DOJ). Todate, it has emerged
as the premier law office of government-owned and controlled
corporations (GOCCs), their subsidiaries, other corporate offsprings and
government-acquired asset corporations.
Office of the Solicitor General (OSG) / SOLGEN
The Office of the Solicitor General which is an independent
and autonomous office attached to the Department of Justice for
budgetary purposes is the legal representative of the Government of the
republic of the Philippines, its agencies and instrumentalities and its
officials and agents in any litigation, proceeding investigation or matter
requiring the services of a lawyer before the local court systems or
international fora.
11
Land Registration Authority (LRA)
The Land Registration Authority is mandated to issue
decrees of registration and certificates of titles and register documents,
patents and other land transactions for the benefit of landowners,
Agrarian Reform-beneficiaries and the registering public in general; to
provide a secure, stable and trustworthy record of land ownership and
recorded interests therein so as to promote social and economic wellbeing and contribute to national development.
12