JUDICIAL SYSTEM - organ of the government, belonging to the judicial
department. 1. Brief History of the Philippine Legislative - function: application of laws to controversies brought System before it and the public administration of justice. Preceded by a collegial body (Royal Audencia) Royal Audencia: highest tribunal est on May Judiciary-has four levels 5,1583 1. Metropolitan Trial Courts (436) -Audencia Territorial de Manila (2 branches: -Metro Manila civil and criminal) Municipal Trial Courts (482) -converted to a purely judicial body by a -the court covers 1 municipality Royal Decree Municipal Trial Courts in Cities -decisions can be appelaed to the SC of - outside Metro Manila Spain Municipal Circuit Trial Courts American occupation -covers 2 or more municipalities -Gen. Wesley Meritt established a military gov’t, 2. Regional Trial Court (720) suspended the criminal jurisdiction of the -formerly ‘Court of First Instance’ Audencias and organizes military commissions -exercise exclusive and original jurisdiction of or court-martial and provost courts. any court, tribunal, or body. (except those now Judiciary Law: Act 136 of the Second Philippine falling under the exclusive and concurrent Commission jurisdiction of the Sandiganbayan which are Judicial power in the Philippine Islands was taken cognizance of by the Sandiganbayan) vested in the SC, Courts First Instance and 3. Court of Appeals Justice of the Peace Courts -appeals on the decsions of the RTC, quasi- Majority of the members were Americans judicial agencies, board or commission. Commonwealth in 1935: complete Filipinization -1 presiding judge, 50 assoc judges, 17 division 1973: 15 members (en banc/3 divisions) with 3 justices each 1 CJ, 14 Assoc Justice -reviews not only the decsions and orders of the Court may sit en banc or in 3 branches of 5 RTC nationwide, as well as the awards, members each. judgments, final orders or resolutions of, or authorized by 21 Quasi-Judicial Agencies. 2. Overview of the Philippine Judicial System *The only remaining govt agencies exercising Philippine Judiciary- 3 branches of the quasi-judicial functions, whose decisions and government; following the Doctrine of final resolutions are directly appealable to the Separation of Powers SC are the COMELEC and COA. 4 levels 4. Supreme Court Local and regional trial courts - “Court of Last Resort”: last decisions and Court of Appeals resolutions. Supreme Court - highest court if th eland Sandiganbayan- Government’s -composed of Chief Justice and 12 Assoc Justices anticorruption court, hears criminal cases -may sit en banc/ at its discretion. brought against senior offcials. Sari’a court system (Islamic Law)- SUPREME COURT DEPT OF JUSTICE jurisdiction over domestic and contractual Heads the judicial Dept under the relations among Muslim citizens. branch executive branch Courts may sit en banc (3. 5 or 7 panels) Supervisory power over Supervisory power over Members of the Supreme Court and the all trial courts, CA, all prosecutors & public lower courts are selected by the President Sandiganbayan and defenders, the NBI, from a list of nominees submitted by Court of Tax Appeals Bureau of Immigration, Philippine Judicial and Bar Council (until the Board of Pardons and age of 70) Parole, & Bureau of Separation of Powers under the 1987 Corrections Constitution Shares supervisory -PH follows the republican and democratic power with the DILG over the Bureau of Jail system of the US Management and -prevent the centralization too much. Penology. Sandiganbayan -“graft court” Bar vs Bench -jurisdictions over violations of the Anti-Graft and Bar: the aggregate of lawyers whose names are in Corrupt Practices Act (RA 3019) the Roll of Attorneys of the SC. -exclusive jurisdiction in all caes where the penalty is Bench: indicates the seat of judges, came to denote more tha 6 years imprisonment for a fine of 6,00 the body of judges taken collectively. pesos. Supreme Court: administers the Bar examinations and likewise monitors the state of the Bar. Jurisdiction -power and authority of a court to hear, try and decide Jurisprudence a case. -aggregate of decisions issued by the SC; part of the -hear and determine a cause or the right to act in a legal doctrines of the land. case. -the philosophy of law/the science which treats of the -power constitutionally conferred upon a judge to take principles of positive law and legal relations. cognizance of and decide causes accdg to law and to carry sentence into execution. Judges vs Justices Judges -presiding officers of the lower courts (+Municipal & City Courts, the RTC, & the Shari’a Courts) Justices -it is what the judicial officers in the appellate court was called. -judicial officers of CA, Sandiganbayan, the Court of Tax Appeals and the SC. The PH follows the civil system -no jury trial unlike in the common law countries like US The Doctrine of Stare Decisis is linked to the Hierarchy of Courts. BP 129: Judiciary Reorganization Act of 1980 Kjvc
Shari’a Courts (51)
-where the Muslim Code on Personal Laws is enforced -5 to RTC and 51 to MCTC
CTA: Court of Tax Appeals
-the court of specialized appellate jurisdiction which had the exclusive appellate jurisdiction to review by appeal the decisions of the CIR (Commissioner Internal Revenue) and the Commissioner of Customs. -RA 1125: expands the jurisdiction of the Court of Tax Appeals, elevating its rank to the level of a collegiate court with special jurisdiction and enlarging its membership. -composed of Presiding Justice and 5 Associate Judges. -same level w CA -2 divisions of three Justices each, both the original and appellate jurisdictions over civil & criminal tax cases involving the NIRC, Tariff and Customs Code and the Local Government Assessment Code. -acquired jurisdiction over local and real property taxes.