lesson-4-thejudicialbrach-211112200104.pdf

Judicial branch

1. Prepared by: Cherrylyn T. Magano, LPT

2. Objectives
At the end of this lesson, the students should be able to;
1.Identify the function of the Philippine judiciary;
2.Discuss how the judiciary exercises political neutrality and
fairness; and
3.Discuss the performance of the Philippine Judiciary as a
dispenser of justice and a protector of constitutional rights and
freedom.

3. A Glimpse Back
Rewrite the following paragraph to correct the information on
the executive branch of government.
The Executive branch of Government is divided into two
clans –the bottom clan and the higher clan. There are 47
senators in the higher clan and 300 representatives or
congressmen in the bottom clan. This branch of the government
is responsible mainly for the crafting of laws. A law which is in
the process of being approved is called a break. A break then
becomes a law after it is approved by both clans and by the
office of the ombudsman.

4. Test Your Stock Kowledge
Identify the following items. Re arrange the jumbled letters to come up
with the correct answer.
______1. The court that handles graft and corruption cases of government
employees. (NASANYDIABNGA)
______2. This person appoints the Chief Justice of the Supreme Court.
(TEENSIRPD)
______3. This court handles the appointment of judges to various lower
courts (PERMESU TURCO)
______4. This court reviews decisions and orders of the Regional Trial
Courts. (TURCO OF PAEPALS)

5. Judicial Power
Power to apply the laws to settle disputes between the
State and private persons, or between individual
litigants
Interpret the law to make it enforceable and binding to
all
Supreme Court and other lower courts

6. Judicial Power
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
Legality of actions
Lack of jurisdiction
Lack of authority to act on the matter in dispute
Judicial Review
Interpret the law and make them binding judgments
Constitutionality of the laws
Constitutionality of no permit no rally policy
Incidental Power
powers essential for the discharge of their judiciary function
Contempt of Court
Subpoena
Warrant of Arrest

7. Judicial Review
Power of the court to interpret the Constitution
To declare any legislative or executive act as unconstitutional and
invalid
Grave abuse of discretion
To uphold supremacy of the Constitution
Limited to validity and legality issues

8. Supreme Court
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

9. Statutory Courts
Regular
Court of Appeals
Regional Trial Court
Metropolitan Trial Court
Municipal Trial Court
Municipal Circuit Trial Court
•Shari’aDistrict Court
Special
Sandiganbayan
Review cases filed against government officials
Court of Tax Appeals
•Review appeals on the decisions of the BIR

10. Quasi-Judicial Agencies
Agencies under the Executive Department performing
duties similar to the Judicial Department
Make pronouncements and judgments on certain issues
•Commission on Elections
•National Labor Relations Commission
•Securities and Exchange Commission
•They render judgments just like the Judicial Department, yet they form part
of the Executive Department

11. Powers of the Judiciary
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

12. Powers of the Judiciary
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

13. Who can be a Supreme Court Judge?
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

14. Process in Appointing a Judge
List of three nominees submitted by the Judicial and
Bar Council (JBC)
President will choose from the list

15. Tenure of Office
Retiring age at 70 years old
Incapable of discharging duties
•Physically or mentally
Requires to be impeached to be removed from office

16. Composition of the Supreme Court
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

17. En Banc Session
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

18. En Banc Session
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

19. Independence of the Judiciary
Among the three branches of government, independence of the Judiciary is
very important
Why?
Confidence in the government
•Being aware that you have someone to depend on in case of disputes or
conflicts
Preservation of the government
•Settle issues being different government agencies
Respect for law and order
•Organized and civilized society

20. Analysis Guide
1.What do you think is the greatest factor that can delay the
resolution of cases in the Philippine courts?
2.Why is due process important?
3.What is your concept of justice? Will it work in our present legal
system? Why or why not?