[go: up one dir, main page]

0% found this document useful (0 votes)
54 views5 pages

Villa Concepcion National High School

Download as docx, pdf, or txt
Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1/ 5

Schools Division of Cauayan City

VILLA CONCEPCION NATIONAL HIGH SCHOOL


Villa Concepcion, Cauayan City
Philippine Politics and Governance
Quarter 2, Week 3 (November 29-December 3, 2021)

Name: _________________________________________ Grade/Section:__________ Score:_____________

MELC: Analyze the roles and responsibilities of the Philippine judiciary.

I. KEY CONCEPT
ROLES AND RESPONSIBILITIES OF THE JUDICIARY

Under Article VIII, Sec.1, the judicial power is vested in “one Supreme Court and in such
lower courts as may be established by law.” This judicial power is exercised through the
judiciary’s primary role of adjudication, which 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.”

The judiciary is the system of courts that interprets, defends and applies the law in the name
of the state. The judiciary can also be thought of as the mechanism for the resolution of
disputes. In many jurisdictions the judicial branch has the power to change laws through the
process of judicial review.

The Supreme Court

At the top tier of the judicial hierarchy is the Supreme Court. It is presided over by a Chief
Justice and is composed of 14 other Justices. The Court may adjudicate En Banc or in divisions
of three, five or seven Justices each. Currently, the Supreme Court is organized into the En Banc
and three divisions of five (5) Justices each.

Under the Constitution, it has supervision over the courts, judges, and court personnel. Its
members sit until retirement at age 70 or unless sooner removed by reason of ill health, death or
conviction after impeachment.

Decisions of the Court, whether sitting en banc or in division, are imbued with
authoritativeness and, unless reconsidered by the Court, are considered part of the law of the
land.

The Supreme Court has both original and appellate jurisdiction. It exercises original
jurisdiction (cases are directly filed with it in the first instance without first passing through any
of the lower courts) over cases affecting ambassadors, other public ministers and consuls, and
over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. (Art. VIII,
§5(1)). It also has original jurisdiction over writs of amparo, habeas data and the environmental
writ of kalikasan. It exercises appellate jurisdiction to review, revise, reverse, modify, or affirm
final judgments, and orders of the lower courts in:

(a) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is
in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.

(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.

(e) All cases in which only an error or question of law is involved. (Art. VIII, §5(1), (2))

The Court of Appeals

At the third tier of the hierarchy are three collegiate courts, one of which is the Court of
Appeals (CA). The CA is the primary appellate court of the Philippines, exercising its powers,
functions and duties through 23 divisions of three members each. It sits in three stations--the
City of Manila, Cebu and Cagayan de Oro. The CA’s 18th, 19th, and 20th Divisions comprise the
CA Visayas Station and are located in Cebu City, while its 21st, 22nd, and 23rd Divisions
comprise the CA Mindanao Station and are based in Cagayan de Oro City. The first 17 Stations
are located in the City of Manila.

The CA is assigned to review cases elevated to it from the Regional Trial Courts (RTCs) as well
as quasi-judicial agencies such as the Civil Service Commission, Securities and Exchange
Commission, National Labor Relations Commission, and the Land Registration Authority. The
CA also reviews cases where the sentence is reclusion perpetua or life imprisonment, as well as
decisions of the Office of the Ombudsman in administrative disciplinary cases. The CA is a
collegial court and sits en banc only to exercise administrative, ceremonial or other non-
adjudicatory functions. Being an appellate court, it resolves cases based on the record of the
proceedings from the trial court; in certain cases, however, the CA also conducts hearings and
receives evidence such as, for instance, in applications for the writ of Amparo or Habeas Data,
whether in the exercise of original jurisdiction or on remand from the Supreme Court.

The CA also has the original and exclusive jurisdiction to issue freeze orders over any
monetary instrument or property under the Anti-Money Laundering Act of 2001 or RA 9160. It is
also the court with original and exclusive jurisdiction to allow surveillance and monitoring of
communications under the Human Security Act of 2007 or RA 9372.

Also at the third tier are two special courts, the Sandiganbayan and the Court of Tax Appeals,
which, like the CA are collegial courts. But unlike the CA, both have very specific jurisdictions.

The Court of Tax Appeals

The Court of Tax Appeals is a special collegiate court composed of a Presiding Justice and
eight Associate Justices; it may sit en banc or in three divisions of three Justices each. RA 9282,
which took effect on March 30, 2004, has elevated the status of the CTA to that of the Court of
Appeals.

The CTA has exclusive jurisdiction to review on appeal decisions in cases involving disputed
assessments, refunds of internal revenue taxes, fees, or other charges, penalties in relation
thereto, or other matters arising under the National Internal Revenue Code. It also exercises
original jurisdiction over all criminal offenses arising from violations of the Tax or Tariff Codes
and other laws administered by the Bureau of Internal Revenue or the Bureau of Customs.

The Sandiganbayan

The Sandiganbayan is an anti-graft court that has jurisdiction to try public officers with a
salary grade of 27 and above (including any co-accused who are private persons) charged with
criminal cases involving violation of the country’s laws on graft and corruption, particularly RA
3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, and
corresponding civil cases for recovery of civil liability arising from the offense. Likewise, the
Sandiganbayan is vested with appellate jurisdiction over final judgments, resolutions or orders of
the RTC whether in the exercise of their original or appellate jurisdiction over crimes and civil
cases falling within the original exclusive jurisdiction of the Sandiganbayan but which were
committed by public officers below Salary Grade 27.

Private individuals can be tried in cases before the Sandiganbayan if they are alleged to be in
conspiracy with the public officer. The decisions of the Sandiganbayan are directly appealable to
the Supreme Court.

Prior to April 16, 2015, the Sandiganbayan was composed of a Presiding Justice and 14
Associate Justices who sit in five divisions of three Justices each. On April 16, 2015, Republic
Act No. 10660, “An Act Strengthening the Functional and Structural Organization of the
Sandiganbayan,” expanding the Sandiganbayan and enabling it to speed up disposition of high-
profile cases was passed by Congress and signed into law by the President.

Under RA 10660, the appointment of six additional justices comprising two additional
divisions are provided. With the operation of RA 10660, there are now 21 Sandiganbayan
justices sitting in seven divisions of three members each (Section 1 of RA 10660).

The Trial Courts of the First and Second Level

In the first tier are the Courts of the First Level consisting of the Metropolitan Trial Courts
(MeTCs), which are established in Metropolitan Manila; the Municipal Trial Courts in Cities
(MTCCs), in every city which does not form part of Metropolitan Manila; the Municipal Trial
Courts (MTCs), established in each of the other cities or municipalities; and Municipal Circuit
Trial Courts (MTCCs), created in each circuit comprising such cities and/or municipalities as
grouped by law.

At the same level are the Shari’a Circuit Courts (SCC). Shari’a Courts have been established
in Islamic regions and provinces to interpret and apply the Code of Muslim Personal Laws (under
Presidential Decree No. 1083). Their decisions are appealable to the Shari’a Appellate Court
which, however, has yet to be organized.

The second tier consists of the Regional Trial Courts (RTCs) established in each of the
thirteen (13) regions in the Philippines. Each RTC may be composed of a single sala or of several
branches. RTCs have both original and appellate jurisdiction. In exercising the former
jurisdiction, RTCs act as trial courts receiving evidence in the first instance from the parties to a
case falling within its jurisdiction; in exercising the latter jurisdiction, the RTCs act as a court of
appeal over the decisions of the Courts of the First Level.

Also on the same level are the Shari’a District Courts (SDC), whose decisions are appealable
to the still-to-be organized Shari’a Appellate Court. Pending such organization, SDC Decisions
are reviewed by the Supreme Court through the special civil action of certiorari under Rule 65 if
the issue is one of jurisdiction or through a petition for review on certiorari by way of appeal
under Rule 45 of the Rules of Court.
II. ACTIVITY

Directions. The Philippine Judiciary comprised of the different courts. Understanding fully
the descriptions given in each item, match it from the given categories inside the box. Use
separate sheet of paper.

a. Supreme Court g. Shari’a Circuit Courts

b. Sandiganbayan h. Municipal Trial Courts

c. Court of Appeals i. Metropolitan Trial Courts

d. Court of Tax Appeals j. Municipal Circuit Trial Courts

e. Regional Trial Courts k. Metropolitan Trial Courts in Cities

f. Shari’a District Courts

1. The highest court which exercise administrative supervision over all courts and the
personnel of the judiciary.

2. The second highest judicial court which reviews the decisions and orders of the Regional
Trial Courts nationwide.

3. The court that covers only one municipality which hear and decide cases involving
violations of municipal ordinances; offenses punishable with imprisonment not exceeding
six years, including violations of the Bouncing Checks Law; Cadastral and land
registration assigned by the Supreme Court.

4. The court which hear and decide cases involving violations of municipal ordinances;
offenses punishable with imprisonment not exceeding six years, including violations of the
Bouncing Checks Law; Cadastral and land registration assigned by the Supreme Court
that covers two or more municipalities.

5. It has the power to promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure in all courts, the admission to the
practice of law, the integrated bar, and legal assistance to the underprivileged and review
rules of procedure of special courts and quasi-judicial bodies.

6. Courts in cities outside Metro Manila Area which hear and decide cases involving
violations of city ordinances; offenses punishable with imprisonment not exceeding six
years, including violations of the Bouncing Checks Law; Cadastral and land registration
assigned by the Supreme Court.

7. These are municipal trial courts in the towns and cities in the Metro Manila Area which
hear and decide cases involving violations of city/municipal ordinances; offenses
punishable with imprisonment not exceeding six years, including violations of the
Bouncing Checks Law; Cadastral and land registration assigned by the Supreme Court.

8. Equivalent to Municipal Trial Court which were established in certain specified provinces
in Mindanao where the Code of the Muslim Personal Laws of the Philippines is being
enforced.
9. It tries and decides criminal and civil cases against government officials and employees
accused of graft and corruption and similar other cases.

10.Equivalent to Regional Trial Court in rank which were established in certain specified
provinces in Mindanao where the Code of the Muslim Personal Laws of the Philippines is
being enforced.

I. FEEDBACK/REFLECTION
_______________________________________________________________________________________________
_______________________________________________________________________________________________

Prepared by:

RHOSVIL G. RUMBAOA
Subject Teacher

You might also like