This document outlines the structure and powers of the Philippine judicial system according to the 1987 Constitution. It discusses that judicial power is vested in one Supreme Court and lower courts, and that the judiciary is composed of constitutional, statutory, appellate, and special courts. It also summarizes the qualifications of judges, the creation of the Judicial and Bar Council, appointment process of judges, and administrative powers and independence of the Supreme Court.

2. ARTICLE
VIII
Judicial
Department

4. Judiciary
- also known as the judicial system or
court system is the system of courts
that interprets and applies the law in
the name of the state.

5. Section 1
JUDICIAL POWER VESTED IN ONE SUPREME
COURT IN LOWER COURTS
Judicial Power – is the power to apply the laws to
contests or disputes concerning legally recognized
right or duties between the State and private
persons, or between individual litigants in cases
properly brought before the judicial tribunals.

6. Scopes of judicial power
Adjudi
catory
power
a.To settle actual controversies involving
rights which are legally demandable
and enforceable
b.To determine whether there has been
a grave abuse of discretion amounting
to lack of excess of jurisdiction on the
part of any branch or instrumentality
of the government

7. Power of
judicial
review
a.To pass upon the validity or
constitutionality f the laws of the
State and the acts of other
departments of the government
b.To interpret them
c.To render binding judgment
Incident
al power
a.Includes the incidental powers
necessary to the effective discharge
of the judicial functions such as the
power to punish persons adjudged in
contempt.

8. • Judiciary composed of the courts is one of
the three main divisions of power in our
government. As the highest court of the land,
the decisions of the Supreme Court are
binding all tribunals.

9. CLASSIFICATION
Only the supreme court is a constitutional court in
the sense of being a creation of the
CONSTITUTION.
Statutory courts – all other courts, including the
Sandiganbayan in the sense that they are creations
of LAW

10. CREATION AND ABOLITION OF COURTS BY
CONGRESS
In the exercise of its legislative power,
Congress may abolish any or all lower courts and
replace them with other courts subject to the
limitation that the reorganization shall not
undermine the security of tenure. (Sec.2, par 2.)

11. SUPREME COURT
Sandiganbaya
n
Court of
Appeals
Shari’a
Appelate
Court
Court of Tax
Appeals
Sharia’s
District
Courts
Sharia’s Circuit
Court
Regional
Trial Court
MeTCs
MTCCs
MTCs
MCTCsDiagram 1

12. Supreme
Court
(Kataas-taasang
Hukuman ng Pilipinas)
• Highest court in
the Philippines.

13. REGULAR COURTS (FIRST LEVEL)
1.Metropolitan Trial Courts (MeTCs) –
established in each metropolitan area by law.
2.Municipal Trial Courts in Cities (MTCCs) –
created in every city, which do not form
part in metropolitan area.

14. 3.Municipal Trial Courts (MTCs) – established in
each of the other cities and municipalities.
4.Municipal Circuit Trial Courts (MCTCs) –
created in each circuit comprising such cities
and/or municipalities as grouped by law

15. REGIONAL COURTS (SECOND LEVEL)
The second tier, which is established in each
region in Philippines. Each RTC is comprised
of several branches, which functions as
follows:
1. Acts as trial courts and receives evidences
from parties of the case.

16. 2.Exercise jurisdiction of the MeTCs,
MTCC, MTCs, MCTCs in their respective
territorial jurisdiction.

17. COURT OF APPEALS (THIRD LEVEL)
Exercises its powers, duties and functions through
23 divisions. The Court is tasked to:
1. Review cases submitted to RTCs as well as
quasijudicial agencies such as Civil service
Commission, National Labor Relations Commission,
and the Land Registration Authority.

18. 2.Review death penalty cases as well as decisions of
the Office of the Ombudsman
3.May sit en banc, being a collegiate court, only for
the purpose of exercising administrative,
ceremonial, or non-adjudicatory functions.
4.Generally resolve cases only on the basis of
records but in certain instances, it may also try
cases, conduct hearings, and receive evidences.

19. SPECIAL COURTS: SANDIGANBAYAN (SB)
AND COURT OF TAX OF APPEALS (CTAs)
Philippine Judicial system is also comprised of
special courts: the SANDIGANBAYAN, which
was created by Presidential Decree No. 1606 and
the Court of Tax Appeals that was established
under Republic Act No. 1125 as amended by RA
NO. 9282.

20. SHARI’A COURTS
For Filipino Muslims, these courts are
established in Islamic regions and provinces

21. Importance of the judiciary
1.) Confidence in the certain and even
administration of justice.
2.) Preservation of the government.
3.) Respect for law and order.

22. Independence of the judiciary
1.) Congress may not deprive the Supreme Court
of the constitutional powers granted to it;
2.) Congress cannot prescribe the manner in
which the Supreme Court should sit, and
determine the number of Justices composing the
court;

23. 3.) The Supreme Court is given the authority to
appoint all officials and employees of the
judiciary;
4.) The members of the Supreme Court and
judges of lower courts enjoy security of tenure.
5.) Their salaries cannot be decreased during
their continuance in office;

24. 6.) The members of the Supreme Court can only
be removed through the difficult process of
impeachment;
7.) The judiciary enjoys fiscal autonomy

25. Section 2
The Congress Of The Philippines
- national legislature of the Philippines

26. • Limitations to the exercise of power to
apportion jurisdiction of various courts
vested in Congress:
1. The Congress cannot diminish or otherwise
impair the original and appellate jurisdiction
of the Supreme Court over enumerated in
Section 5.

27. 2.No law shall be passed reorganizing the
judiciary when it undermines security tenure
guaranteed in Section 11.
3.No law shall be passed increasing the appellate
jurisdiction of the Supreme Court without its
advice and concurence.

28. Jurisdiction of Courts
1. General
2.Limited
3.Original
4.Appellate
5.Exclusive
6.Concurrent
7.Criminal
8.Civil

29. Section 3
This section seeks to further insure the
independence of the judiciary (fiscal autonomy).
1. Appropriations for judiciary not subject to
reduction.
2. Appropriation to be automatically and regularly
released.

30. Section 4
COMPOSITION OF SUPREME COURT
The Supreme Court shall composed of 15 members
which includes the Chief Justice (1) and 14
Associate Justices.
The Constitution requires any vacancy to be filled
within 90 days from the concurrence thereof.

31. Cases to be heard or decided en banc and vote
required:
1. All cases involving the constitutionality of a
treaty, international or executive agreement, or
law (statute) shall always be heard and decided by
the Supreme Court en banc.
2. All other cases including those involving the
constitutionality, application or operation of
presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations
which under the rules of court.

32. 3. In administrative cases where the decision is for
the dismissal of a judge of a lower court, the
same majority vote is necessary to order such
dismissal
4. Cases heard by a division shall be decided or
resolved with the concurrence likewise of the
same majority vote is necessary to order such
dismissal

33. 5. Cases modifying or reversing a doctrine or
principle of law laid down by the court in the
decision rendered en banc or in division
decided by the court sitting in en banc.

34. Executive Agreement
- Agreement entered into by the President on
behalf of the country with the government of
another country.
- Effective without the concurrence of the
congress.

35. Judicial Review
- Power of the court ultimately of the Supreme
Court to interpret the constitution and declare
any legislative and executive act invalid because
it is in conflict with the fundamental law

36. Section 5
The Supreme Court shall have the following powers:
1. Exclusive Power to pass judgment on original
jurisdiction
– cases affecting ambassadors, other public
ministers and consuls over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas
corpus are to be decided by the Supreme Court.

37. Under international law, diplomatic representatives
are immune from suit and are not subject to the
jurisdiction of the court receiving the state.
2. Power to overrule the lower courts’ decisions
– On appeal, the aggrieved party may question
the judgment of the lower counts before the
Supreme Court, which may review, revise, reverse,
modify or affirm the said decisions.

38. 3. Power to assign judges
– This gives sole authority to the Supreme
Court to temporarily assign judges of lower courts to
prevent miscarriages of justice.
4. Power to change venue of trial
-The Supreme Court may transfer the venue
of trial of criminal and civil cases to prevent
miscarriage of justice.

39. 5. Rule making power
– It is the power of the Supreme Court to
promulgate rules and regulations to be followed by
all courts.

40. Section 6
The Supreme Court shall have administrative
supervision over all courts and the personnel
thereof.

41. Section 7
Qualifications for members of the
Supreme Court and any lower collegiate
court.
He must be a natural-born citizen of the
Philippines
He must be a 40 years of age

42. He must have, for 15 years or more,
been a judge of a lower court or engaged
in the practice of law in the Philippines.

43. Qualifications of judges of the lower courts.
He must be a citizen of the Philippines
He must be a member of the Philippine Bar.
He must be a person of proven competence,
integrity, probity and independence.

44. Section 8
 A Judicial and Bar Council is hereby created
under the supervision of the Supreme Court
composed of :
• Chief Justice as ex officio Chairman
• The Secretary of Justice, and a representative
of the Congress as ex officio Members

45. • a representative of the Integrated Bar
• a professor of law
• a retired Member of the Supreme Court
• a representative of the private sector.

46.  Regular members of the Council – appointed by the
President for a term of 4 years with the consent
of the Commission on Appointments.
 Of the Members first appointed, the
representative of the Integrated Bar shall serve
for four years
the professor of law for three years
the retired Justice for two years
the representative of the private sector
for one year.

47. The Clerk of the Supreme Court shall be the
Secretary ex officio of the Council and shall
keep a record of its proceedings.
The regular Members of the Council shall
receive such emoluments as may be determined
by the Supreme Court. The Supreme Court shall
provide in its annual budget the appropriations
for the Council.

48. Section 9
The members of the Supreme Court and judges of
lower courts shall be appointed by the President
from a list of at least 3 nominees prepares by the
Judicial and bar Council for every vacancy. Such
appointments need no confirmation.
For the lower courts, the President shall issue the
appointments within 90 days from the submission of
the list.

49. Appointment Of Members Of The
Supreme Court And Judges Of Lower
Courts
1. Non- political process of selection and
appointment
2. List of at least three (3) nominees
3. Judicial and Bar Council
4. Exclusive authority to recommend
appointees to judiciary.

50. Section 10
The salary of the Chief of Justice and of the
Associate Justices of the Supreme Court, and
of judges of lower courts shall be fixed by
law. During their continuance in office, their
salary shall not be decreased.

51. Section 11
The Members of the Supreme Court and
judges of lower courts shall hold office
during good behavior until they reach the age
of 70 years or become incapacitated to
discharge the duties their office.

52. The Supreme Court en banc shall have the
power to discipline judges of lower courts,
or order their dismissal by a vote of a
majority of Members who actually took part
in the deliberations on the issues in the
case and voted thereon.

53. Good behavior
- Conduct authorized by law

54. Section 12
The Members of the Supreme Court and of
other courts established by law shall not be
designated to any agency performing quasi-
judicial or administrative functions.

55. Section 13
The conclusions of the Supreme Court in any
case submitted to it for decision en banc or in
division shall be reached in consultation before
the case is assigned to a Member for the writing
of the opinion of the Court. A certification to
this effect signed by the Chief Justice shall be
issued and a copy thereof attached to the
record of the case and served upon the parties.

56. Any Member who took no part, or dissented,
or abstained from decision or resolution
must state the reason therefor. The same
requirements shall be observed by all lower
collegiate courts.

57. Section 14
No decision shall be rendered by any court
without expressing therein clearly and distinctly
the facts and the law on which it is based.
No petition for review or motion for
reconsideration of a decision of the court shall
be refused due course or denied without stating
the legal basis therefor.

58. Section 15
1.) All cases or matters filed after the
effectivity of the Constitution must be
decided or resolved within 24 months from
date of submission for the Supreme Court,
and, unless reduced by Supreme Court, 12
months for all lower collegiate courts, and 3
months for all other lower courts.

59. 2.) A case or matter shall be deemed submitted
for decision or resolution upon the filing of the
last pleading, brief, or memorandum required by
the Rules of Court or by the court itself.

60. 3.) Upon the expiration of the corresponding
period, certification to this effect signed by
the Chief Justice or the presiding judge shall
forthwith be issued and a copy thereof
attached to the record of the case or matter,
and served upon the parties. The certification
shall state why a decision or resolution has not
been rendered or issued within said period.

61. 4.) Despite the expiration of the applicable
mandatory period, the court, without
prejudice to such responsibility as may have
been incurred in consequence thereof, shall
decide or resolve the case or matter
submitted thereto for determination, without
further delay.

62. Section 16
The Supreme Court shall, within 30 days from
the opening of each regular session of the
Congress, submit to the President and the
Congress an annual report on the operations
and activities of the Judiciary.

63. End.