Module 8: The Judiciary

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MODULE 8: THE JUDICIARY

JUDICIAL POWER

 The power to decide on legal disputes.


 Article VIII, section 1 of 1987 constitution
provides that judicial power shall be vested in
one supreme court and in such other lower
courts as may be established by law.
THE INDEPENDENCE OF THE PHILIPPINE JUDICIARY IS MANIFESTED
IN THE FOLLOWING:

1. Creation of the judicial and bar council


2. Expanded power of judicial review
3. Fiscal autonomy of the judiciary
4. Power to review proclamation of martial law and suspension of the
writ of habeas corpus.
5. Security of tenure of the judges
6. The supreme court as judge in presidential elections.
THE PRESENTS JUDICIARY IS COMPRISED OF REGULAR COURTS TASKED TO
ADMINISTER JUSTICE. THESE ARE ORGANIZED INTO FOUR, THE FIRST TWO
BEING REVIEW COURTS AND THE LAST TWO BEING TRIAL COURTS:
1. SUPREME COURT
2. COURT OF APPEALS
3. REGIONAL TRIAL COURTS
4. METROPOLITAN TRIAL COURTS
MUNICIPAL TRIAL COURTS
MUNICIPAL CIRCUIT TRIAL COURTS
MUNICIPAL TRIAL COURTS IN CITIES
 THERE ARE ALSO SPECIAL COURTS, WHICH ARE TRIBUNALS THAT
HAVE LIMITED JURISDICTION OVER CERTAIN CASES OR
CONTROVERSIES:
1. SHARI’A COURT- which has the powers similar to the regular courts
but the subjects over whom judicial powers are exercised limited to
Muslim Filipinos.
2. COURT OF TAX APPEALS- which retains exclusive appellate
jurisdiction to review by appeal not only civil tax cases but also those that
are criminal in nature.
- SANDIGANBAYAN- is a special court that has jurisdiction over civil
cases( including graft, corruption and other offenses) committed by public
officers and employees and those in government owned or government
controlled corporations.
 THE EXPANDED JUDICIAL SYSTEM OF THE
PHILIPPINES ALSO INCLUDES QUASI COURTS
OR QUASI- JUDICIAL AGENCIES:
1. Civil Service Commission
2. Commission on Election
3. Commission on Audit
ORGANIZATION OF COURTS

SUPREME COURT
HEAD
CHIEF JUSTICE

COURT OF APPEALS SANDIGANBAYAN COURT OF TAX APPEAL

REGIONAL TRIAL COURTS SHARI’A DISTRICT COURTS

METROPOLITAN TRIAL COURT MINICIPAL TRIAL COURTS IN CITIES MUNICIPAL TRIAL COURTSMUNICIPAL CIRCUIT TRIAL COURTS SHARI’A CIRCUIT COURT
THE SUPREME COURT

 Also known as the court of last resort. It is


composed of a chief justice and 14 associate
justices.
 Power of the supreme court according to
article VIII, section 5 of the 1987 constitution.
 The following are the qualifications of the member of the
supreme court as presented by article VIII, section 7 paragraph
1:
a. Natural born Filipino citizen
b. At least 40 years old
c. Must have been for 15 years or more a judge of a lower court
or engaged in the practice of law in the Philippines.
d. Of proven competence, integrity and probity.

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