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Judicial Department

Prepared by:
Ma. Elena K. Parayno
It is the power to apply the
laws to contest or disputes
concerning legally
recognized rights or duties
between the state and
private persons or between
individual litigants in cases
properly brought before the
judicial tribunals.
Scope
 Adjudicatory power
 To settle actual controversies

 Determine whether there has been

grave abuse
 Judicial review
 Pass the constitutionality of the

laws
 Interpret them

 Render binding judgment

 Incidental powers
Organization of
Courts
Regular Courts
 Court of Appeals
 69 justices,23divisions w/ 3
members
 Regional Trial Courts

 720 RT judges per regions of the


country
 Metropolitan Trial Courts

 Municipal Trial Courts

 Municipal Circuit Trial Court


Special Courts
 Tax of Appeals
 With 3 judges
 Created by RA # 1125
 Sandigang Bayan
 With 15 justices
 Operates in 5 divisions with 3 members
 Created by PD # 1606
Quasi-judicial Agencies
Administrative bodies
under the executive
branch performing judicial
functions, like National
Labor Relations
Commission, the
Employees Compensation
Commission, etc.
Importance of the
judiciary
 Confidence in the certain and
even administration of justice
 Preservation of the

government
 Respect fro law and order
Jurisdiction of courts
 General  Exclusive

 Limited  Concurrent

 Original  Criminal

 Appellate  Civil
Composition of the
Supreme Court
 15 members
1 chief justice
 14 Associate justices
Sitting Procedure
 En banc
 In divisions

 5 divisions with 3 members

 3 divisions with 5 members

 2 divisions with 7 and 8

members
Qualifications of Supreme Court
 Must be a natural born

 At least 40 years of age

 15 years or more been a

judge or engaged in practice


of law in the Philippines
 A person of proven

competence, integrity,
probity and independence
Qualifications of the Lower
Courts
 Must be a Filipino citizen
 Must be a member of

Integrated Bar of the


Philippines
 Must be a person of proven

competence, integrity,
probity and independence
Term of Office of members of
the Supreme Court and
judges of the lower Courts
during good behavior or
until they reach the age of 70
yrs or become incapacitated
to discharge the duties of
their office
Powers of the Supreme Court
 Original jurisdiction over cases
affecting diplomatic agents
 Original jurisdiction over petition for
certiorari, mandamus, prohibition,
quo warranto
 Exclusive appellate jurisdiction
 Appeal
 Cetiorari
 Questions of law
 Assign temporary judges for
lower courts for 6 months
 Order a change of venue

 Provide rules concerning the

protection and enforcement


of constitutional rights
 Submission of annual report
Prohibitions
 Prohibition against
designation to quasi-judicial
and administrative office
 No rendering decision by any

court without stating clear


and distinct facts
Maximum rendition of
decisions
 Supreme Court—24
months
 Court of Appeals—12

months
 Lower Courts—3 months
Judicial And Bar
Council
A non-political process
of selection and
appointment of
members of the
Supreme Court and
judges of lower courts
Composition
 Chief Justice as the Ex officio chairman
 Secretary of Justice as ex officio member
 Representative from the Congress as ex
officio member
 The SC secretary will be the ex officio
secretary
 Regular members
 A representative from Congress (4 yrs.)

 A professor of law (3 yrs.)

 Retired member of SC (2 yrs.)

 Representative from private sector (1