Week 10: The Philippine Judicial Branch PDF

THE JUDICIAL BRANCH OF GOVERNMENT WEEK 10 HUMSS 004 PHILIPPINE POLITICS AND GOVERNANCE SIR CARL JOSEPH P. OLIMPIADA 1. Identify the features of the Philippine Judiciary; and 2. Discuss the roles and responsibilities of the Philippine Judiciary....

THE JUDICIAL BRANCH OF GOVERNMENT WEEK 10 HUMSS 004 PHILIPPINE POLITICS AND GOVERNANCE SIR CARL JOSEPH P. OLIMPIADA 1. Identify the features of the Philippine Judiciary; and 2. Discuss the roles and responsibilities of the Philippine Judiciary. Learning Competencies: As indicated in Article VIII of the 1987 Philippine Constitution, the judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Lady Justice  Hierarchy of Courts in the Philippines SUPREME COURT Court of Appeals Sandiganbayan Court of Tax Appeals Regional Trial Court Shari’a District Courts Municipal trial Court Municipal Circuit trial court Shari’a Circuit Trial Metropolitan trial court Court  All courts that constitute to the Judicial Branch are expected to uphold DUE PROCESS at all times. This means that the courts are mandated to maintain fairness in all judicial processes, and recognize and protect the rights of an individual involved in a case.  MTC, MCTC, MetroTC Municipal TC (cities), Municipal Circuit TC, Metropolitan TC Every municipality/ cities in the Philippines has a municipal trial court. It is called municipal court if it covers only one municipality/ city; it is called municipal circuit court if it covers two or more municipalities. In the case of the cities in Metro Manila, The MTC are referred to as Metropolitan Trial Courts (MeTCs).  REGIONAL TRIAL COURTS Regional Trial Courts are called second level courts and are divided into thirteen (13) judicial regions (further subdivided into several branches). RTCs are called appellate courts because these courts hear appeals and review the decisions of lower courts.  SHARI’A COURTS Shari’a District Courts (SDCs) and Shari’a Circuit Courts (SCCs) Shari’a Courts settle legal conflicts between Muslim Filipinos in the sphere of customary and personal laws. The SDCs have judicial power equivalent to RTC. On the other hand, SCCs equivalent to MCTC.  COURT OF APPEALS The Court of Appeals is the second highest court in the country, and it primarily exercises appellate jurisdiction over decisions of regional trial courts.  COURT OF APPEALS Composition: One (1) Presiding Justice Sixty-nine (69) Associate Justices  SANDIGANBAYAN This is a special court that has exclusive jurisdiction on committed violations of public officials and employees (excluding the President, Vice President, and Supreme Court Justices) in relation to their position and office.  SANDIGANBAYAN Composition: One (1) Presiding Justice Fourteen (14) Associate Justices  COURT OF TAX APPEALS The court of Tax Appeals hears cases concerning tax collection. This court also hears cases on real estate properties (such as land and establishment) as well as trade fees and fines.  COURT OF APPEALS Composition: One (1) Presiding Justice Eight (8) Associate Justices SUPREME COURT HIGHEST COURT SUPREME COURT The Supreme Court is the highest court in the Philippines. It is the final court that decides in any and all judicial issues. It can review, revise, reverse, modify, or affirm, final judgments and orders of the lower court. SUPREME COURT FUNCTIONS OF SUPREME COURT 1. ADMINISTRATIVE FUNCTION 2. JUDICIAL FUNCTION FUNCTIONS OF SUPREME COURT ADMINISTRATIVE FUNCTION - Supervision and control over the judicial branch of the government and its employees. - Declare rules for the admission into the practice of law, for legal assistance to the underprivileged, and the procedural rules to be observed in all courts throughout the country. FUNCTIONS OF SUPREME COURT JUDICIAL FUNCTION - Settlement of actual controversies involving rights which are legally demandable and enforceable. - Judicial Review or the power of the Supreme Court to inquire into the constitutionality of the acts of both the executive and legislative branches of government. COMPOSITION OF THE SUPREME COURT SUPREME COURT COMPOSITION OF SUPREME COURT As indicated in Article VIII of the 1987 Philippine Constitution, the Supreme Court is composed of one (1) Chief Justice and fourteen (14) Associate Justices. The Philippine President appoints members of the judiciary from a list submitted by the Judicial and Bar Council which is under the supervision of the Supreme Court. QUALIFICATIONS TO BE APPOINTED IN THE SUPREME COURT QUALIFICATIONS TO BE APPOINTED IN THE SUPREME COURT: Natural-born citizen of the Philippines Must be a person of proven competence, integrity, probity and independence. Must have been a judge of a lower court or engaged in the practice of law in the country for 15 years or more At least 50 years old at the time of appointment TERMS OF OFFICE SUPREME COURT TERMS OF OFFICE The term of office of Supreme Court members is not fixed. Their tenure during good behavior is until they reach seventy years old or become incapacitated to perform their duties. They can be removed from their position only through impeachment. KATARUNGANG PAMBARANGAY KATARUNGANG PAMBARANGAY Katarungang Pambarangay Law (Presidential Decree No. 1508), a system of amicably settling disputes at the barangay level was established. It aims to promote the speedy administration of justice by easing the congestion of court dockets. The court does not take cognizance of cases filed if they are not filed first with the Katarungang Pambarangay. QUESTION TO PONDER: Why is the Philippine Judiciary considered important in our government and in our society as a whole?  PULOT-OF-THE-DAY Share the things you’ve learned and realizations from the lesson. SYCNCHONOUS ACTIVITY WW04: SHORT QUIZ  Thank you for listening! Prepared by: Sir Bernard Batino Sir Carl Joseph Olimpiada TEACHER TEACHER