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SESSION 6: Overview of the

Judiciary

Hierarchy of Courts

What is
judicial power?

It is the power to settle actual


controversies
involving rights which are legally
demandable
and enforceable. (Art. VIII, Section 1(2)
It is vested with the Supreme Court and
the
lower courts as established by law.
(Art. VIII, Section 1)

What is
venue?

Place
or
trial
or
geographical location in
which an action or
proceeding should be
brought.

Where is the
proper venue?

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Actions

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against
NonResidents

But
can
be filed
only when the case
The
case
is
filed:
Cases
filed
for
the
involves:
Where
thepersonal
plaintif
If
the Status
property
is
recovery
of

Personal
of
Plaintif
Are resides
actions
afecting
title
These
are
cases
filed
against
or
located
at
the
Where enforcement
the plaintif
resides
property,
of
to
or
possession
of
real
those
who
are
not
residents
When

Wherethe
the
defendant
property
of
boundaries
of
2
contract,
or
recovery
of
property
or
interestin in
of
defendant
is located
the
resides
damages
forthe
its case
breach
places,
file
in
Philippines
the
property.
the
Philippines.
or forthe
commission
ofor
Where
the at
property
either
place
the
Atan
theinjury
option
the
plaintif
portion
is
located
to of
the
person.

The place where


the real property or
portion of it is
located

option of the plaintif

The Judiciary:
Duties and Powers

Hierarchy of Courts

Supreme Court
Justices

Judicial
Functions

Resolves actual
between parties

controversies

May declare the laws created by


legislature
as
UNCONSTITUTIONAL
May declare whether Executive
or Congress gravely abused their
discretion

Administrative
Functions
(SC)

Promulgate rules concerning the


protection and enforcement of
constitutional rights, pleading,
practice of law, the integrated
bar, and legal assistance to the
under privileged.
Appoint
all
officials
employees of the Judiciary

and

Administrative supervision of all


courts and personnel

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Review decisions of the Commissioner of


Appeals
Jurisdiction
over in
violations
of
The 2ndRevenue
highest
tribunal
inAnti-Graft
Internal
cases involving
and
Corrupt
Practices
Law
Annuls
assessments,
taxof
refunds
or of
other
matters
judgment
RTC
and
the
country

Same
Level
as
the
Court
Appeals
Special
graft
court
e ttoo
urre
icttu
arising underagencies
the National Internal Revenue
pic
quasi-judicial
gp
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o
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ldeerr o
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Violations
hoold
1 Presiding
Presiding
Justice
and
e
or
laws
administered
by
the
BIR;
p

pllaacce

1
Justice
over
ofenses
in
the
Revised
1
Presiding
Justice
d
C
d
o
d
a
u
d
r
o
t
a
t
o
o

n
f
t
o
Power
to
try
cases
and
conducts
hearings,
n
ic
o
ic
Review decisions, orders or resolutions of
Penal
Code
where
the
accused
are
Tax Appeals
receive
evidence
and
perform
acts

68
Associate
Justices
the
RTC
in local
taxes Justices
14
8 Associate
Justices
Associate
officials
occupying
Grade
27from
orraised.
higher
necessary to
resolve
factual
issues
Jurisdiction
over
ofenses
arising
violations
Divided of
into
17
divisions
with
3
D
the
NIRC,
Tarif
and
Customs
Dra
p
rag
ic
g pictu
ture
re to
to
Decisions
pl
appealed
to SC
plaace
ceh
justices
for
each
division
e
hoold
lderr oorr cl
Code
andare
other
laws
administered
by the
clic
ickk
icoon
to add
d
BIR or the Bureau of Customs
Sanic
d
ignatonad

bayan

Intermediate
Courts

o Highest Trial Court


Jurisdiction:
Jurisdiction:
o1Where
Where
the demand,
damages,
are not within
theare
RTC
in cases
each
province
the rest

Regional
Trial
Courts

attorneys
fees, litigation
expenses
exclusive
jurisdiction
of any
are
called branches
o 1 RTC
andin
costs
of Manila
theperson
value
of
court,
tribunal,
or property
body
Metro
cities
and
Litigation
exceeds
300K,
in MMby
400K
is
incapable
of
pecuniary
other
cities
chartered
law
o 13estimation
Involving
title to, or
possession
of
Judicial Regions:
NCR
and
12
real
property
or any over
interest
and
Appellate
jurisdiction
cases
Judicial
Regions
o 720
the
value
20K;MCTC,
50K for
MM
decided
byexceeds
MeTC, MTC,
MTCC
RTCs

Jurisdiction:
Violations
of city or municipal
Jurisdiction:
Found
in municipalities
or cities

Municipal
Trial
Courts
in
committed
within
ordinances
Those
that
involve
to Cities
ortheir

MTC
if court
covers
1title
municipality
territorial
MCTC
Metropolitan
Trial
Courts
possession
of real

if courtjurisdiction
covers
2 property
or more
Ofenses
punishable
with
or interest
therein
the value
municipalities
Municipal
Trial
Court
imprisonment
of less20K
than
6 years
does not exceed
and

MeTC
in Metro
ManilaTrial
AreaCourts
Municipal
Circuit

Cases
the
demand, damages,
50 where
K in MM
areas
MTCC for cities outside MM area
costs or the value of property does
not exceed 300K; 400K in MM areas

S
E
C
O
N
D

MTCC,

&

MeTC,

F
I
R
S
T

MTC,
MCTC

LEVEL
COURTS

Special Courts

SANDIGANBAYAN
Tries and decides criminal and civil cases against
government
officials and employees accused of graft and
corruption and
similar other ofenses.
Court of Tax Appeals
Exclusive appellate jurisdiction over appeals
from the decisions of the CIR and the
Commissioner of Customs

Sharia courts are Sharia District Courts (SDCs) and


Sharia Circuit Courts (SCCs)
Cases that deals with Muslim Code on Personal
Laws
5 Sharia District Courts same rank as RTC
Decisions are appealed to the SC for questions of
law or for abuse of discretion.
51 Sharia Circuit Courts in the municipalities =
MCTC
Decisions are appealed to the Sharia District
Courts

Shari'a Courts

The Supreme Court designated 177 environmental


courts comprising of first (RTC) and second (MTC) to
handle cases arising from the enforcement of the
environmental laws.
Revised Forestry Code
NIPAS
Philippine Fisheries Code
Wildlife Act
Peoples Small Scale Mining Act

Green Courts

Designated RTC and MTC are given special


jurisdiction to try intra-corporate cases. The issues
involve devices or scheme employed by the BODs,
business associates, officers, partners amounting to
fraud or misrepresentation which may be
detrimental to the public interest, stockholders,
partners.

Also hears Intellectual Property


trademarks, patents, copyrights.

Rights

Commercial Courts

like

These courts provide a system of adjudication for


youthful ofenders. They try to preserve the
solidarity of the family by providing procedures for
the reconciliation of spouses and the amicable
settlement of family controversy.

Where there is no Family Court, the


designated to act as such shall be the RTC.

Family Courts

court

The court hears cases involving land distributionboth public and private lands through the CARP
initiative.
It is where the farmers and farmworkers go to avail
their rights to the land distribution programs.

RTCs are the designated SACs. They have


jurisdiction over:
Petitions
for
determination
of
just
compensation to
landowners;
and
Special
Agrarian
Courts (SAC)
Prosecution of all criminal ofenses under the
Act.

Special Cybercrime Courts RA 10175


Special Anti Terrorism Courts RA 9372
Special Courts for Killings of Political Activists
and
Members of the Media
Enacted through AO 181 in 2007
SC tapped 23 RTCs to handle these
specific cases

Other Special Courts

Judicial
Appointments

Judicial
Appointments

Appointments to the judiciary are


made by the President of the
Philippines based on a list
submitted by the JBC.
JBCs principal function is to
screen prospective appointees to
any judicial post.

Judicial
Appointments

JBC is composed of:


SC Chief Justice as ex-officio
chairman
DOJ Secretary and reps of
Congress as ex-officio
members
Representatives of the IBP
Professors of law
Retired member of SC
Reps of the private sector as
members.

Courts, especially the Supreme Court, are the last bulwark of


democracy, being the administrator of justice and the
legitimate recourse for the [resolution of peoples] grievances
(LBP v. Sps. Orilla, G.R. No. 157206).

JUSTICE = DEMOCRACY
To put it in much blunter term, the whole idea of democracy
becomes a futile experiment and exercise if the peoples
clamor for justice, in all its varied forms, remains unanswered.

To put things in proper perspective, however, it


would extremely be wrong to suppose that the
entire business of dispensing justice belongs to
the courts alone.
Doing justice is the obligation of every man
toward each of his fellowman. The judiciary,
especially the Supreme Court, becomes simply
the final arbiter of rights and dispenser of
justice, when personal and institutional eforts
at achieving the same proved to be
inadequate.

Art. 19, New Civil Code


Every person must, in the
exercise of his rights and in the
performance of his duties, act
with justice, give everyone his
due, and observe honesty and
good faith.

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