THE JUDICIARY as one of the Branch of Government

The branch that interprets the law

1. THE JUDICIARY

2. You have already learned that the national government is comprised of three branches, which are co-equal and which operate under a system known as separation of powers and checks balances. If the legislative enacts laws and the executive implements them, what roles does the judiciary play? This section deals with the third branch of the government- the judiciary

3. Judicial Power Article VIII of the 1987 Constitution The power to decide on legal disputes is known as judicial power. Article VIII, Section 1 of the 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." As provided in the same section, "it 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." Hence, the central function of the judges is to adjudicate and interpret the law.

4. The judicial branch is the final safeguard of liberty. It protects the people from someone else's exercise of abusive power, violence, or force. The judicial branch is the final safeguard of liberty. It protects the people from someone else's exercise of abusive power, violence, or force.

5. The independence of the Philippine judiciary is manifested in the following : Creation of the Judicial and Bar Council recommends appointees for vacancies that may arise in the composition of the Supreme Court, other lower courts, and the Legal Education Board, and in the offices of the Ombudsman. The ombudsman of the Philippines is a responsible for investigating and prosecuting Philippine government officials accused of crimes, especially graft and corruption.

6. Expanded power of judicial review the power to declare a treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation unconstitutional. Fiscal autonomy of the judiciary Fiscal autonomy means that local governments have the power to create their own sources of revenue in addition to their equitable share in the national taxes released by the National Government, as well as the power to allocate their resources in accordance with their own priorities.

7. • Power to review proclamation of martial law and the suspension of the writ of habeas corpus - The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus. • Security of tenure of the judges - The Members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office.

8. The Supreme Court as judge in presidential elections The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose.

9. En banc is French for "on the bench." The term refers to a special procedure where all judges of a particular court hear a case. When the court believes that the matters are especially complex or important, the en banc procedure will be used.

10. Big Idea It is important that the judiciary is an independent entity, free from control by anyone. This reflects the quality of democracy that a nation lives up to.

11. Structure, Organization, and Composition of the Judiciary The present 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 : Supreme Court Court of Appeals Regional Trial Courts Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts, and Municipal Trial Courts in Cities.

12. Special Courts Are tribunals that have limited jurisdiction over certain cases or controversies. Shari'a Court limited jurisdiction for the Muslims and are charged with the administration and dispensation of justice. Court of Tax Appeals adjudication of appeals involving internal revenue tax and customs cases of the Commissioner of Internal Revenue. Sandiganbayan  tries and decides criminal and civil cases against government officials and employees accused of graft and corruption and similar other offenses.

13. Quasi-courts or Quasi-judicial Agencies Quasi-judicial bodies must hold formal hearings only if mandated to do so under their governing laws, regulations or agreements; Quasi-judicial bodies, unlike courts, may be a party in a matter and issue a decision thereon at the same time, depending on the specifically governing rules.  hearing is held, both parties participate, the presiding officer subpoena witnesses and the administrative body has the power to take remedial action Refer to a judicial act performed by an official who is either not a judge or not acting in his or her capacity as a judge. can adjudicate on matters of law, but only through existing legal basis. They have no actual judicial power. 23  Quasi-Judicial bodies in the national government.

14. Big Idea The expanded judicial system of the Philippines, which comprises regular courts, special courts and quasi-judicial agencies, is important in the speedy administration and delivery of justice .

15. The following presents the organization of regular courts :

16. Municipal Trial Courts (MTC) Municipal Circuit Trial Courts (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.

17. Municipal Trial Courts in Cities (MTCC) A court that sits in some cities and larger towns and that usually has limited civil and criminal jurisdiction over cases arising within the municipality.

18. Metropolitan Trial Courts ( MeTC ) Municipal Trial Courts in the towns and cities in the Metropolitan Manila area.

19. Shari’a District Courts Shari’a Circuit Courts Limited jurisdiction for the Muslims and are charged with the administration and dispensation of justice.

20. Regional Trial Courts Filipino: Panrehiyong Hukuman sa Paglilitis S hall exercise appellate jurisdiction over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts

21. The Court of Tax Appeals Filipino: Hukuman ng Apelasyon sa Buwis A ddress the adjudication of appeals involving internal revenue tax and customs cases of the Commissioner of Internal Revenue and the Commissioner of Customs, respectively.

22. Court of Appeal Filipino: korte ng apela Court of law that is empowered to hear an appeal of a trial court or other lower tribunal.

23. Sandiganbayan Tries and decides criminal and civil cases against government officials and employees accused of graft and corruption and similar other offenses

24. The Supreme Court Filipino: Kataas-taasang Hukuman Colloquially: Korte Suprema As the exclusive power to 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.

25. Supreme Court

26. The Supreme Court The Supreme Court is also known as the court of last resort. It is composed of a chief justice and 14 associate justices.

27. Chief of Justice Alexander Gesmundo 14 Associate Justices Marvin Leonen Alfredo Benjamin Canguiao Ramon Paul Hernando Amy Lazaro-Javier Henri Jean Paul Inting Rodil Zalameda Mario Lopez Samuel Gaerlan Ricardo Rosario Jhosep Lopez Japar Dimaampao

28. Powers of the Supreme Court according to Article VIII, Section 5 of the 1987 Constitution 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. certiorari a writ or order by which a higher court reviews a decision of a lower court. habeas corpus it is a law stating that an individual cannot be imprisoned or held in custody inside a prison cell unless he/she has first been brought before a court of law, which decides whether or not it is legal for the person to be kept in prison.

29. 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, 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 in which the penalty imposed is reclusion perpetua or higher.  - reclusión perpetua  carries a maximum sentence of 40 years. e. . All cases in which only an error or question of law is involved.

30. 3. Assign temporarily judges of lower courts to other stations as public interest may require. 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.

31. Section 6 ‘The Supreme Court shall have administrative supervision over all courts and the personnel thereof.’ Administrative Supervision is a learning process involving face-to-face regularly scheduled conferences.

32. Offices under the Supreme Court Judicial and Bar Council - The Judicial and Bar Council of the Philippines is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court, other lower courts, and the Legal Education Board, and in the offices of the Ombudsman, Deputy Ombudsman and the Special Prosecutor.

33. The Office of the Court Administrator - is a department of the Supreme Court of the Philippines tasked primarily with investigating judicial misconduct in the lower courts through audits and filing administrative cases against judges whom they find guilty.

34. The Philippine Judicial Academy - serves as the training school for justices, judges, court personnel, lawyers and aspirants to judicial posts.

35. The Philippine Mediation Center (PMCO) is primarily responsible for the expansion, development, implementation, monitoring and sustainability of SC ADR mechanisms

36. Court-Annexed Mediation (CAM) Appellate Court Mediation (ACM) Judicial Dispute Resolution (JDR) Mobile Court-Annexed Mediation (MCAM) Court-Annexed Arbitration (CAA) Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial. Common ADR processes include mediation, arbitration, and neutral evaluation. Th ese processes are generally confidential, less formal, and less stressful than traditional court proceedings.

37. S ection 8 "a Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman , the Secretary of Justice , and a representative of the Congress as ex officio Members , a representative of the Integrated Bar, a professor of law , a retired Member of the Supreme Court , and a representative of the private sector .“ The president shall appoint the members of the Judicial and Bar Council for a term of four years with the consent of the Commission on Appointments.

38. (Section 8, paragraph 2) "Of the Members first appointed, the representative of the Integrated Bar shall serve for four years , the professor of law for three years , the retired Justice for two years , and the representative of the private sector for one year " (Section 8, paragraph 5) "the Council shall have the principal function of recommending appointees to the Judiciary. It may exercise such other functions and duties as the Supreme Court may assign to it"

39. Big Idea The Supreme Court is also known as the highest court as its decisions are considered to be final, non- appealable, and executory.

40. Qualifications, Term of Office, Appointment, and Removal of the Members of Judiciary The following are the qualifications of the members of the Supreme Court as provided by Article VIII, Section 7, paragraph 1: Natural-born Filipino citizen At least 40 years old have been for 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines Of proven competence, integrity, and probity   PROVEN COMPETENCE nominee should be considered based on his or her capacity and merit anchored on relevant experiences  INTEGRITY and PROBITY appointee must be truthful and honest in both words and actions -a life marked by integrity and accountability

41. Paragraph 2 of section 7 ‘ 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.’

42. Section 9 "The Members of the Supreme Court and judges of the lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation. For the lower courts, the President shall issue the appointments within ninety days from the submission of the list.“ (Article XI, Section 2) Just like the president and vice president, the justices of the Supreme Court may be removed from office through impeachment

43. Section 11 of Article VIII ‘The members of the Supreme Court and the judges of lower courts shall hold office in good behavior until they reach 70 years old , or become incapacitated to fulfill their duties. The authority to discipline judges of lower courts is vested in the Supreme Court en banc. The judges of lower courts could also be dismissed by a vote of a majority of the members who took part in the deliberations on the issues of the case.

44. Section 12 prohibits the members of the Supreme Court and of other courts to be designated to any agency which performs quasi-judicial or administrative functions.

45. Issues, Challenges, and Prospects Dressel (2011) observed, "despite constitutional safeguards for judicial independence and the assertiveness of the Philippine Supreme Court, the judicial system generally is plagued by problems ranging from limited access to justice by the poor to chronic inefficiency and widespread perceptions of corruption and political interference." He added that the Philippines’ poor have far less access to justice as compared to those who have connections and who make use of the system to their advantage. High-level corruption is rarely prosecuted.

46. Political patronage and interference continue to threaten the independence of the judiciary. The immediate settling of cases and enhancing the administration of justice remain to be important challenges to judicial performance. The judiciary must also address the growing complexity of legislation and the need for advanced technologies, which will enable courts to cope with the challenges of the digital age. Nonetheless, it must be realized that the prospects of judicial reform in the country is not solely the task of the said government branch. The judiciary encompasses an expanded justice system, and it involves several stakeholders--including, but not limited to other branches and agencies of the government, public and private groups, and the people .

47. Big Idea - As the one that dispenses justice, the Judiciary must be continuously reformed to adapt to changing times. - The prospect of judicial reform does not only concern the judiciary. Other organizations and agencies are also important in this respect.