[go: up one dir, main page]

0% found this document useful (0 votes)
68 views3 pages

Judicial Department What Is Judicial Department?

Download as docx, pdf, or txt
Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1/ 3

Judicial department

What is judicial department?


The judicial branch interprets the meaning of laws, applies laws to individual cases, and decides
if laws violate the Constitution. It is also called the “Supreme Court” or “Constitutional Court” which is
the final appeal.
What is Judicial power?
The power to decide on legal disputes is known as judicial power. Article VIII, Section 1of the
1987 Constitution provides that “ judicial power shall be vested in one Supreme Court and in such other
lower courts as may be establish 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.
Judicial branch is the final safeguard of liberty. It protects the people from someone else’s exercise of
abusive power, violence, or force.
The independence of the Philippine judiciary is manifested in the following:
 Creation of the Judicial and Bar Council
 Expanded power of judicial review
 Fiscal autonomy of the judiciary
 Power to review proclamation of martial law and the suspension of the writ of habeas corpus
 Security of tenure of the judges
 The Supreme Court as judge in presidential elections

Structure, organization, and composition of 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
Special courts- which are tribunals that have limited jurisdiction over certain cases or controversies. One
of example is the shari’a court, which has the powers similar to the regular courts but the subjects over
whom judicial powers are exercised are limited to Muslims Filipinos (pangalangan 2011).
SPECIAL COURTS
Court of tax appeals- which retains exclusive appellate jurisdiction to review by appeal not only civil tax
cases but also those that are criminal in nature.
Sandiganbayan- is special court that has jurisdiction over civil cases (including graft, corruption, and
other offense) committed by publics officers and employees and those in government-owned or
government-controlled corporations.
Quasi courts or quasi-judicial agencies - Are bodies or agencies that exercise adjudicatory powers
technically pertain to and are exercised only by courts, agencies such as the civil service commission,
commission on elections, and commission on audit also possess quasi-judicial powers (pangalangan
2011).
The supreme court
The supreme court is also known as the court of last resort. It is composed of a chief justice and
associate justices.
Power 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.
2. Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the law of the rules of court may
provide, final judgements and orders of lower courts in:
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
5. Promulgate rules concerning the protection and enforcement of constitutional rights,
6. Appoint all official and employees of the judiciary in accordance with the civil service law.
Qualification, term of office, appointment, and removal of the members of judiciary

The following are the qualification 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
• Must 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
The judicial branch of the government is the primary agency that handles matters concerning the
settlement of issues regarding the rights and interpretation of law. The power of the judiciary rests on
the Supreme Court and the lower courts, which include the Court of Appeals, Sandiganbayan, down to
the Regional Trail Court, the Metropolitan Trial Court, and Municipal Trial Court.
Some of the functions of supreme court as follows:
1.The Supreme Court primarily handles the cases of ambassadors, others public minister, and consuls.
2. Review, affirm, reverse or amend the decision of lower courts on certain cases that may concern the
constitutionality or validity of international agreement and presidential decrees, questionable decisions
or processes of the lower courts, cases which are punishable by lifetime imprisonment, error or question
of law, among others.
3. Appointments of judges, officials, and employees of the Judiciary.
4. Create and disseminate rules and procedures concerning the processes in legal courts as well as the
membership to the Bar.
The Supreme Court is composed of a Chief Justice and fourteen Association Justices appointed by the
president from a list of qualifiers from the screening process done by the Judicial and Bar Council.
The Court of Appeals, the second highest tribunal or legal court in the country, is composed of a
Presiding Justice and sixty-nine Association Justices who are appointed by the President. Aside from
having power on the issuance of certain legal documents and orders, the Court of Appeals mainly
receives, reviews, and resolves appeals on decisions of Regional Trial Courts, as well as that of the Office
of the Ombudsman in cases wherein one of the parties is not satisfied with the decision.

You might also like