COURT

The 3 Pillar
rd

By
DR. RHEM RICK N. CORPUZ
Faculty, BSCrim, Mscrim, PhDCrim
Angeles University Foundation
 SHORT DESCRIPTION ON COURT PILLAR
1. performs perhaps the most important role in the
administration of justice
2. the centerpiece of the 5 pillars
3. the arbiter of justice
4. the front line defender of democracy, freedom and
human dignity
5. It is a board or tribunal which decides a litigation or
contest.
6. It is an entity or body in which judicial power is vested.
7. It is a tribunal vested with apart of judicial power to hear
and determine legal controversies.
COURT
 is a body in the government to which the public administration of
justice is delegated.

 is a tribunal officially assembled under authority of law for the

administration of justice through which the government enforces
its sovereign rights and powers.

 is an entity or body in which a portion of judicial power is vested.

 As one of the pillars of our criminal justice system, it exist for one
solemn end-to administer justice and thus promote the unity of the
country, the stability of the government and the well-being of the
people.
 JUDGE
is a public officer appointed to preside over and to administer the law in a court of
justice.

is an arbiter of the law to whom people seek to apply the law in their causes. The
appointment to the office and his admission to the bar is a guaranty that he is
mentally and morally fit to pass upon the merits of a case.

To the average citizens, a judge is beholden as a person whose way of life and
way of thinking has been moulded within the confines of the law and justice.

is expected to be deserving of the trust and confidence which the public
necessarily must have in his person.
COURT AND JUDGE

The term court and judge are frequently used as convertible

terms but they are not strictly synonymous.

A court has a personality separate and distinct from the men

who composed it.

A judge alone does not necessarily constitute a court. However,

a court cannot exist without a judge.
Members of the Supreme Court and judges of lower courts
are appointed by the PRESIDENT from a list of at least three
nominees prepared by the Judicial and Bar Council for every
vacancy.

Judicial and Bar Council (JBC) consists of:

1. a representative of the Integrated Bar,
2. a law professor,
3. a retired member of the Supreme Court, and
4. a representative of the private sector.
 JUDICIAL POWER

is the duty of the courts of justice to settle actual controversies

involving rights which are legally demandable and enforceable.

It also includes the power 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.
JUDICIAL POWER
It shall be vested in the Supreme Court and in such inferior
courts.

Branches of Government
1. Judicial Branch – unique branch since, judges and justices
are NOT elected but appointed by the President. This branch
adjudicate/interpret cases.

2. Legislative Branch – makes laws

3. Executive Branch – Implements the laws and policies

 SCOPE OF JUDICIAL POWER

To pass upon the validity or constitutionality of the laws of

the State and so with the acts of other department of the
government.
To interpret and construe the laws.
To render authoritative judgement.
It also includes the incidental powers necessary to the
effective discharged of judicial functions such as the power
to punished persons adjudged in contempt.
Relative to the adjudicate power of the court are the following provisions of the New Civil Code of
the Philippines

Art. 8. Judicial Decisions applying or interpreting the laws

or the constitution shall form part of the legal system of the
Philippines.

Art. 9. No court or judge shall decline to render judgement

by reason of silence, obscurity or insufficiency of the laws.

The aforecited provisions shows that the task of applying

the law enables the judiciary to partake in a limited way in
the law-making function.
 BARANGAY CONCILIATION
(P.D. 1508 as amended by R.A 7160)

SUBJECT MATTER OF AMICABLE SETTLEMENT

BEFORE THE BARANGAY

The
 lupon shall have the authority to bring together the parties actually residing in
the same city or municipality for amicable settlement of all disputes EXCEPT:

Where
 one party is the government or any subdivision or instrumentality thereof;

Where
 one party is a public officer or employee and the disputes relates to the
performance of his official functions;

Offenses
 punishable by imprisonment exceeding one (1) year or a fine exceeding
five thousand (Php. 5,000.00) pesos;
Where
 the disputes involves real properties located in different cities or
municipalities unless the party thereto agrees to submit their differences
to amicable settlement by an appropriate lupon;

Offenses
 where there is no private offended party;

Disputes
 involving parties who actually reside in barangays of different
cities or municipalities except where such barangay units adjoin each
other and the parties thereto agree to submit their differences to amicable
settlement by an appropriate lupon;

Such
 other classes of disputes which the president may determine in the
interest of justice or upon the recommendation of the Secretary of Justice;
 THE HIERARCHY OF PHILIPPINE COURTS

The Philippine courts are organized into a hierarchy, in

which some courts are higher or lower than the others, with
one being the highest court of the land whose pronouncements
bind all lower courts. This hierarchical organization is dictated
by the requirement that controversies should first be dealt with
in the lower court subject to review by a superior court.

The 1981 Judicial Reorganization Act provides for four (4)

main levels of courts and several special courts.
 THE COURTS OF THE PHILIPPINES

A. REGULAR COURTS

1. SUPREME COURT (SC)

The highest court of the land.
The only constitutional court.
Located at Padre Faura St., Manila
COMPOSITION:
1 Chief Justice; 1 Senior Associate Justice and 14 Associate
Justices.
It has its own original and appellate jurisdiction.
Sits en banc or in divisions of THREE, FIVE or SEVEN members.
 EN BANC CASES OF THE SUPREME COURT

All cases involving the constitutionality of a law, treaty or

executive agreement.

All cases heard by division of seven (7) members if the

concurrence of at least five (5) members is not obtained.

Administrative cases where the decision is for the

dismissal of a judge of an inferior court.
 Powers of Supreme Court

1. Exercises Original Jurisdiction on cases involving:

a. Ambassadors, other public ministers and consuls
b. Disciplinary cases involving attorneys and judges
c. Petitions for Certiorari, Prohibition, Mandamus, Quo Warranto and
Habeas corpus.
2. Exercises Appellate Jurisdiction on cases of:
a. All criminal cases in which penalty is Reclusion perpetua or higher.
b. Constitutionality or validity of Treaty, International or executive
agreements, law, PDs, Proc No., E.Os, Instructions, Ordinance, or
Regulations is in question.
c. All cases involving legality of any tax, imposts, assessment or toll.
d. All cases on Error of Law or Question of Law
 …Powers of Supreme Court
3. May order the change of venue of trial to avoid the miscarriage of justice.
4. May order the temporary reassignment of judges.
5. The power of Appointment – in accordance with the Civil Service Law
6. Power of Administrative Supervision – the SC power to supervise courts
and discipline judges and justices.
7. Rule-Making Power – The SC may promulgate rules on:
a. Writ of Amparo – the rule promulgated by the SC for the protection
and enforcement of constitutional rights of a person.
b. Pleading, practice and procedures in all courts. The Rules of Court
is being revised every now and then by the SC.
c. Administers the annual BAR exam and admits passers to practice
law profession.
2. COURT OF APPEALS (CA)
A statutory court created by virtue of EO No. 33 of then
Pres. C. C. Aquino, July 28, 1986.

COMPOSITION:
One presiding justice and sixty eight (68) Associate
Justices.
It sits en banc and in 23 divisions with three members
per division.
It has its original and appellate jurisdiction.
3. REGIONAL TRIAL COURTS (RTC)
Created by virtue of BP 129 (law reorganizing the

Judiciary Dept, effective Aug. 14, 1981)

Formerly known as Court of First Instance

It has 720 RTCs in the 13 Judicial Regions

It has its original and appellate jurisdiction.

4. METROPOLITAN TRIAL COURTS (MeTC)
In metropolitan areas only.
It has original and appellate jurisdiction.

5. MUNICIPAL TRIAL COURTS (MTC)

Created in Municipalities
It has original and appellate jurisdiction.

6. MUNICIPAL TRIAL COURTS IN CITIES (MTCC)

Created in cities, outside Metro Manila.
It has original and appellate jurisdiction.

7. MUNICIPAL CIRCUIT TRIAL COURTS (MCTC)

Covers 2 or more municipalities with one court.
It has original and appellate jurisdiction.
 B. SPECIAL COURTS

1.SANDIGAN BAYAN (SB)

Created by virtue of PD 1606 (law that created
Sandiganbayan, dated Dec 10, 1978)
Known as the Anti-GraFT Court.

COMPOSITION:
One Presiding justice and 8 Associate justices.
SB sits in division of 3 justices each.
Takes cognizance over cases involving public officers and
employees charged with graft and corruption.
It has its original and appellate jurisdiction.
2. COURT OF TAX APPEALS (CTA)
Created by virtue of R.A 1125 (law that created Court of Tax
Appeals on June 16, 1954) as amended by RA 9282 on March
30, 2004 and took effect on April 23, 2004.
Court of special appellate jurisdiction.
Review on appeal decisions of the:
1. Commissioner of BIR involving internal revenue taxes, and
2. Commissioner of B.Customs involving customs duties.
Filipino: Hukumang Paghahabol sa Buwis ng Pilipinas
COMPOSITION:
1 Presiding judge
5 Associate Judges
3. FAMILY COURTS (RTC)
Created by virtue of R.A 8369 (Family Courts of 1997)
approved on Oct. 28, 1997

It has only original jurisdiction and no appellate jurisdiction.

Take cognizance over cases involving family members and

minors

An RTC designated as a Family Court

4. SHAR’IA COURTS
Courts of limited jurisdiction.
Created under the Code of Muslim Personal Laws of the
Philippines.
Take cognizance over cases involving domestic and contractual
relations among Muslim citizens in Mindanao provinces.
A. SHAR’IA DSITRICT COURT
Court of the same category with the RTC
It has its original and exclusive jurisdictions.
B. SHAR’IA CIRCUITS COURT
Court of the same category with MTC.
It has original jurisdiction.
 QUASI-JUDICIAL AGENCIES

These are the administrative bodies under the executive

branch of the government performing quasi-judicial functions.
1. National Labor Relations Commission (NLRC)
2. Land Transportation Franchising and Regulatory Board
(LTFRB)
3. Civil Service Commission
4. Commission of Election
5. Bureau of Customs
6. Court Martial
7. Peoples Law Enforcement Board (PLEB)
8. National Commission on Indigenous People (NCIP)
Legal and Moral Qualifications to become a Justice

1. Natural Born Filipino

2. Atleast 40
3. Became judge of engaged in practice of law for
atleast 15 years.
4. Must be a person of proven competence,
integrity, probity and independence.
Legal and Moral Qualifications to become a JUDGE

1. Citizen of the Phils (not necessarily Natural Born)

2. Member of the Philippine Bar
3. Must be a person of proven competence,
integrity, probity and independence.
4. Other qualifications as prescribed by the
Congress
Commission on Appointment – need not to confirm
appointees in the Judiciary.

Judicial and Bar Council – has the primary function to

screen applicants in the Judiciary. The JBC ensures
that the nominees are qualified and competent.

Short List – the document that contains atleast 3 list

of qualified applicant to a position in the Judiciary.
The screening in the JBC is done by the following:

Ex-Officio Members of JBC

Chairman - Chief Justice of Supreme Court
Members - Secretary of Justice
- A Representative from Congress
Secretary - The Clerk of the Supreme Court

Regular Members JBC

1. A representative from the IBP
2. A professor of Law
3. A retired Justice of the SC
4. A representative from the Private Sector
Scope of Judicial Power

1. Adjudicatory power – the settling of actual controversies

involving rights which are legally demandable and
enforceable.

2. Power of Judicial Review – the power to review of a decided

case from lower court on the validity or constitutionality of the
laws.

3. Incidental powers - necessary to the effective discharge of

the judicial functions such as the power to punish persons
adjudged in contempt.
 REQUIRED BY LAW TO CONVICT A PERSON
BASED ON WEIGHT OF EVIDENCE

1. Proof beyond reasonable doubt - is a degree of proof which

produces conviction in an unprejudiced mind.

2. Preponderance of evidence means that the testimony adduced by

one side is more credible and conclusive than the other.

3. Substantial evidence - the relevant evidence which a reasonable

mind might accept as adequate to support a conclusion.

Question: What is required in an Impeachment Case?

 IN ACCORDANCE TO THE DESIGNATION
OF THE PERSON BEING HEARD

1. Criminal Cases – Accused

2. Civil cases – Defendant

3. Administrative cases - Respondent.

When shall trial commence?
After a plea of not guilty is entered, the accused shall have at least 15
days to prepare for trial. The trial shall commence within thirty (30) days
from receipt of the pre-trial order. (Sec 1, Rule 119 of the Rules of
Court)

Explain the Continuous Trial Rule: Trial once commenced shall continue
from day to day as far as practicable until terminated. It may be
postponed for a reasonable period of time for good cause. The court
shall, after consultation with the prosecutor and defense counsel, set
the case for continuous trial on a weekly or other short-term trial
calendar at the earliest possible time so as to ensure speedy trial.

In no case shall the entire trial period exceed 180 days from the first day
of trial, except as otherwise authorized by the Supreme Court.
 MAXIMUM PERIODS OF RENDERING DECISION

The 1987 Philippines Constitution (Art. VII Section 15)

provides the period with in which courts must decide or
resolve cases from the date of submission for decision.
1. Supreme Court – 24 months
2. Court of Appeals – 12 months
3. Regional Trial Courts – 6 months
4. Inferior Courts – 3 months
5. Sandigan Bayan – 3 months
Court systems of the world are of two types:

1. Adversarial - the accused is innocent until proven

guilty; and

2. Inquisitorial - the accused is guilty until proven

innocent or mitigated. 

Note:
The Philippine Justice System adopts both Systems
 4 Levels Integrated Court System in the Philippines

Supreme Court Fourth Level

Review
Courts Court of Appeals Third Level

Reg’l Trial Court Second Level

Trial Courts
MeTC, MTCC, MTC, First Level
MCTC
 SUPREME COURT

COURT OF
APPEALS SANDIGANBAYAN

COURT OF TAX REGIONAL SHARI’A

COURT
COURTOF
OFTAX
TAX COURT
COURTOFOFTAX
DISTRICT TAX
APPEALS TRIAL COURTS
APPEALS
APPEALS APPEALS
APPEALS
COURTS

MUNICIPAL
COURT OF METROPOLITAN SHARI’A CIRCUIT
COURT
TRIAL OFTAX
TAX COURT
COURTOFOFTAX
TAX COURT
COURTOFOFTAX
TAX
TRIAL COURT COURTS
APPEALS
COURTAPPEALS
IN CITIES APPEALS
APPEALS APPEALS
APPEALS

MUNICIPAL
COURT MUNICIPAL
COURTOFOFTAX
TAX COURT
COURT OF
OFTAX
CIRCUIT TAX
TRIAL COURT
APPEALS
APPEALS APPEALS
TRIAL COURT
APPEALS
COURT SYSTEM IN
THE PHILIPPINES SUPREME
COURT

COMELEC Court
COA, NLRC Appeals
SANDIGAN
BAYAN
Regional
QUASI- Trial Courts
JUDICIAL
CSC, CTA Legend

MeTC,
Petition for certiorari
Ordinary Appeal

MTCC, Petition for Review

Petition for Review on certiorari

MTC, MCTC
Criminal Liability is Extinguished Thru:
1. Death of the convict
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. Prescription of crime
6. Prescription of penalty
7. Marriage of the rape victim with the offender.
Prescription of crime is the forfeiture or loss of the right of the State to
prosecute the offender after the lapse of a certain time fixed by law
Death/ Reclusion Perpetua/Reclusion Temporal= 20 years
Other Afflictive Penalties = 15 years
Correctional Penalties = 10 years
Light Offenses = 2 months

Prescription of penalty is the loss or forfeiture of the right of the

government to execute the final sentence after the lapse of a certain time
fixed by law.
Death/ Reclusion Perpetua/Reclusion Temporal= 20 years
Other afflictive Penalties 15 years
Correctional Penalties 10 years
Arresto Mayor 5 years
Light Penalties 1 year
Court Jurisdictions

1. General – empowered to decide all disputes, except those assigned to

other courts.

2. Limited – has authority to hear and decide on few specified cases.

3. Original – try and decide a case for the first time.

4. Appellate – try/review and decide case already heard and decided by lower
court.

5. Exclusive – try and decide a case which cannot be presented to other courts.

6. Concurrent – two or more courts may take cognizance of a case.

7. Criminal – it exists for the punishment of a crime.

8. Civil – it exists when the matter is not a criminal offense.

Terms related to Court Jurisdiction

1. Delegated Jurisdiction – power and hear and determine

cases by authority of court vested by original jurisdiction
over the case delegated.

2. Territorial Jurisdiction – power to hear and decide cases

falling within a territorial limit.

3. Summary Procedure – refers to proceedings whereby

criminal cases are speedily decided/resolved.

4. Bail – the security given for the provisional or temporary

release of a person who is under the custody of law.
Forms of Bail

1. Corporate Surety – furnished by a bondsman that is

habitually engaged in business of furnishing bonds in civil
actions.

2. Cash Bond – the most common form of bail.

3. Property bond – an undertaking constituted as a lien on

the real property given as a security for the amount of bail.

4. Recognizance – the contract between the sureties and the

state for the production of the principal at the required
time.
SUMMARY OF COURT
PROCEEDINGS
1. Arraignment - the reading to the accused in open court of the
complaint or information.
 A copy of the complaint/information shall be given to the accused.
 List of witnesses will also be given to the accused.
 The accused pleads guilty or not guilty.

2. Pre – trial - an informal trial which precedes the regular trial.

Primarily intended to expedite the proceeding. This is done through a
Pre-Trail Conference conducted by the court.
 Plea bargaining (guilty or not guilty)
 Stipulation of facts (specification)
 Admission of facts
 Marking documentary evidence (Prosecution 123; Defense ABC)
 Waiver of objection to the admissibility of evidence
3. Trial - the formal investigation of the matter in issue with respect to the
action before a competent court for the purpose of determining such
issue that involves the guilt or innocence of the accused.

4. Judgment - the adjudication by the court that the accused is guilty or

not guilty.
It must be written in the official language,
Personally and directly prepared and signed by the judge.
Must contain legal bases of decision

5. Appeal - the whole case is elevated to a higher court for review and
final adjudication.
Within 15 days – period of entering appeal from the date of promulgation.
After 15 days – the decision shall be Final and Executory
 Summary Code
APTriJA
Arraignment
Pre-trial
Trial
Judgment
Appeal
We are done with the 4 Pillar
th

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