LESSON 9
Functions of
the Judicial
Branch
      What is the Judiciary?
The     Judicial   branch     of  the
government is the primary agency
that   handles   matters   concerning
settlement of issues regarding the
rights and interpretation of law.
   What is the Judicial Power?
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     Trial  Court, the
Metropolitan     Trial   Court,  and
Municipal Trial Court.
   What is the Judicial Power?
Power and duty of courts of justice
to interpret and to apply the laws.
        What is a Court?
It is a body to which the public
administration  of   justice  is
delegated.
        Scope of Judicial Power
Adjudicatory Power- includes the duty of
courts of justic.
  a. To settle actual controversies involving
  rights which are legally demandable
  b. To determine whether there has been
  grave abuse of discretion amounting to
  lack or excess of jurisdiction
  Grave Abuse of Discretion – lack of
  authority to act on the matter in dispute
        Scope of Judicial Power
2. Power of Judicial Review
   a.    To    pass     upon    validity   or
   constitutionality of the laws of the state
   and the acts of the other departments of
   the government
   b. To interpret them
   c. To render binding judgments
       Scope of Judicial Power
3. Incidental Powers
    necessary to the effective discharge
    of the judicial functions
    Powers of the Judiciary
A.Settle disputes concerning consuls
or diplomats - They enjoy immunity
from domestic suits or cases
B.Petition for Certiorari - Special
civil action requesting a lower court
or body to transmit the records to
the superior court for review
    Powers of the Judiciary
C. Prohibition - Writ by which the
superior court prohibits the lower
court   or  body   to    stop further
proceedings
D. Mandamus - Order by a superior
court to a lower court to do perform
a certain act which it is bound to do
so
    Powers of the Judiciary
E. Quo Warranto - Action by the
government to recover an office or
franchise    from     an   individual
unlawfully holding it
F.  Automatic    Review   of   Cases
sentenced    by   lower  court   with
Reclusion Perpetua or Death Penalty
        Organizations of Courts
1. REGULAR COURTS
A. Supreme Court
   The highest court in the Philippines.
   It has an administrative supervision over
   all courts and the personnel.
   Authorized to promulgate the rules for
   admission to the practice of law, for legal
   assistance to the underprivileged, and the
   procedural rules to be observed in all
   courts.
       Organizations of Courts
1. REGULAR COURTS
A. Supreme Court
    Some of the functions of the Supreme
    Court:
 1. The Supreme Court primarily handles the
    cases   of   ambassadors, other  public
    ministers, and consuls.
         Organizations of Courts
1. REGULAR COURTS
A. Supreme Court
   Some of the functions          of   the   Supreme
   Court:
  2. Review, affirm, reverse, or amend the 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.
       Organizations of Courts
1. REGULAR COURTS
A. Supreme Court
   Some of the functions of the Supreme
   Court:
   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.
        Organizations of Courts
1. REGULAR COURTS
A. Supreme Court
It is composed of:
    1 Chief Justice
    14 Associate Justices
       Organizations of Courts
1. REGULAR COURTS
B. Court of Appeals
   1.) 69 Justices
   2.) Headed by presiding Justice which
   Operates in 23 divisions each comprising
   3 members
   3.) The Courts sits en banc only to
   exercise administrative, ceremonial, or
   other no-adjudicatory functions
       Organizations of Courts
1. REGULAR COURTS
C. Regional Trial Court
   presided by 720 Regional Trial Judges in
   each of 13 Regions in the Country.
D. Shari’ a District Courts
   presided by 720 Regional Trial Judges in
   each of 13 Regions in the Country.
        Organizations of Courts
1. REGULAR COURTS
E. Municipal Trial Court
F. Metropolitan Trial Court
   This are judicial courts of the Philippine
   Judicial System which covers two or more
   municipalities in the country
        Organizations of Courts
1. REGULAR COURTS
G. Metropolitan Circuit Trial Court
   in the towns and cities in the Metropolitan
   Manila area, as distinguished from the
   other    political  subdivisions   in   the
   Philippines.
H. Shari’ a Circuit Courts (same privileges
with the Municipal Circuit Courts)
        Organizations of Courts
2. SPECIAL COURTS
a. Sandiganbayan
   14 Justices which operates in 5 divisions
   each comprising 3 members
   tries and decides criminal and civil cases
   against    government       officials  and
   employees     accused     of    graft  and
   corruption and similar other cases.
        Organizations of Courts
2. SPECIAL COURTS
b. Court of Tax Appeals (Hukuman               ng
Paghahabol sa Buwis ng Pilipinas)
  It is the special court of limited jurisdiction,
  and has the same level with the Court of
  Appeals.
  5 Justices and a Presiding Justices
  created under R.A. no. 1125 as amended by R.A.
  no.   9282,  which   has   exclusive  appellate
  jurisdiction to review on appeal concerning
  internal revenue taxes and decisions.