The Judiciary Branch of the Philippines

The Government of the Philippines, also known as the Philippine National Government is the national government of the unitary state of the Republic of the Philippines. It is a presidential, representative, and democratic republic where the President is both the head of state and the head of government within a pluriform multi-party system. The government has three interdependent branches: the legislative branch, the executive branch, and the judicial branch. Executive power is exercised by the government under the leadership of the president. Legislative power is vested in both the government and the two-chamber Congress of the Philippinesthe Senate is the upper chamber and the House of Representatives is the lower chamber. Judicial power is vested in the courts with the Supreme Court of the Philippines as the highest judicial body. Introduction Judicial power rests with the Supreme Court and the lower courts, as established by law (Art. VIII, sec. 1 of the 1987 Constitution). Its duty is to settle actual controversies involving rights which are legally demandable and enforceable (Art. VIII Sec. 1 (2)). The judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by the Legislature below the appropriated amount the previous year (Art. VIII, sec. 2). The judicial power is vested in the Supreme Court of the Philippines and lower courts established by law. The judicial branch is headed by the Supreme Court, which has a Chief Justice as its head and 14 Associate Justices. The justices serve until the age of 70. The justices are appointed by the president on the recommendation of the Judicial and Bar Council.[1] Other court types of courts, of varying jurisdiction around the archipelago, are the: Lower Collegiate Courts:

Court of Appeals Court of Tax Appeals Sandiganbayan

Regular Courts:

Court of Appeals Regional Trial Courts Metropolitan Trial Courts Municipal Trial Courts Municipal Circuit Trial Courts

Muslim Courts

Sharia District Courts Sharia Circuit Courts The Philippine Judicial System

The Supreme Court

The Supreme Court of the Philippines (Filipino: Kataas-taasang Hukuman ng Pilipinas, colloquially Korte Suprema) is the highest court in the Philippines. The court consists of fourteen Associate Justices and one Chief Justice. Pursuant to the Constitution, the Supreme Court has "administrative supervision over all courts and the personnel thereof". The Supreme Court complex, which was formerly the campus of the University of the Philippines, occupies the corner of Padre Faura Street and Taft Avenue in Manila, with the main building directly fronting the Philippine General Hospital. Until 1945, the Court held office within Intramuros.

Composition A person must meet the following requirements in order to be appointed to the Supreme Court: (1) natural-born citizenship, (2) at least 40 years old; (3) must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines. An additional constitutional requirement, though less precise in nature, is that a judge "must be a person of proven competence, integrity, probity, and independence." Upon a vacancy in the Court, whether for the position of Chief Justice or Associate Justice, the President fills the vacancy by appointing a person from a list of at least 3 nominees prepared by the Judicial and Bar Council. Beginning with the 1935 Constitution, Supreme Court Justices are obliged to retire upon reaching the mandatory retirement age of 70. Some Justices had opted to retire before reaching the age of 70, such as Florentino Feliciano, who retired at 67 to accept appointment to the Appellate Body of the World Trade Organization and Ma. Alicia Austria-Martinez who retired at 68 due to health reasons. The 1987Constitution of the Philippines provides that: "Section 11, Article VIII. The Members of the Supreme Court xxx shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office." Since, 1901, it was only incumbent Associate Justice Alicia Austria-Martinez who resigned for health reasons. Thus, on September, 2008, Austria-Martinez, citing health reasons, filed a letter to the Court through Reynato Puno, tendering herresignation effective April 30, 2009, or 15 months before her compulsory retirement on December 19, 2010. In the October 1 Judicial and Bar Council's en banc deliberations, Reynato Puno ruled: The court merely noted it. We dont have to approve it... it is her right. During the JBC hearing, a JBC member said "Austria-Martinez had wanted to retire earlier because of health reasons. We were told she had health

problems even when she was in the CA. Retired Chief Justice of the Philippines Artemio Panganiban stated: "I am saddened that Justice Ma. Alicia Austria-Martinez has opted to retire early from the Supreme Court due to 'health reasons.' She is not bedridden. Neither is she physically or mentally incapacitated, but she has chosen to retire on April 30, 2009 because she felt she could no longer cope with the heavy caseload." Functions The powers of the Supreme Court are defined in Article VIII of the 1987 Constitution. These functions may be generally divided into two judicial functions and administrative functions. The administrative functions of the Court pertain to the supervision and control over the Philippine judiciary and its employees, as well as over members of the Philippine bar. Pursuant to these functions, the Court is empowered to order a change of venue of trial in order to avoid a miscarriage of justice and to appoint all officials and employees of the judiciary. The Court is further 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. The more prominent role of the Court is located in the exercise of its judicial functions. Section 1 of Article VIII contains definition of judicial power that had not been found in previous constitutions. The provision states in part that: Judicial power includes the duty of 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 definition reaffirms the power of the Supreme Court to engage in judicial review, a power that had traditionally belonged to the Court even before this provision was enacted. Still, this new provision effectively dissuades from the easy resort to the political questiondoctrine as a means of declining to review a law or state action, as was often done by the Court during the rule of President Ferdinand Marcos. As a result, the existence of grave abuse of discretion on the part of any branch or instrumentality of the government is sufficient basis to nullify state action.

Court of Appeals of the Philippines The Court of Appeals of the Philippines (Filipino: Hukumang Paghahabol ng Pilipinas) is the Philippines' second-highest judicial court, just after the Supreme Court. The court consists of 68 Associate Justices and 1 Presiding Justice. Under the Constitution, the Court of Appeals (CA) "reviews not only the decisions and orders of the Regional Trial Courts nationwide but also those of the Court of Tax Appeals, as well as the awards, judgments, final orders or resolutions of, or authorized by 21 Quasi-Judicial Agencies exercising quasi-judicial functions mentioned in Rule 43 of the 1997 Rules of Civil Procedure, plus the National Amnesty Commission (Pres. Proclamation No. 347 of 1994) and Office of the Ombudsman (Fabian v. Desierto, 295 SCRA 470). Under RA 9262, which elevated the CTA to the same level of the CA, CTA En banc decisions are now subject to review by the Supreme Court instead of the CA (as opposed to what is currently provided in in Section 1, Rule 43 of the Rules of Court). Added to the formidable list are the decisions and resolutions of the National Labor Relations Commission (NLRC) which are now initially reviewable by this court, instead of a direct recourse to the Supreme Court, via petition for certiorari under Rule 65 (St. Martin Funeral Homes v. NLRC, 295 SCRA 414)". The Court of Appeals building is located at Maria Orosa Street, Ermita in Manila.

Sandiganbayan The Sandiganbayan (roughly the Tagalog translation for "People's Advocate") is a special appellate collegial court in thePhilippines which was established under Presidential Decree No. 1606. Its rank is equivalent to the Court of Appeals. The court consists of 14 Associate Justices and 1 Presiding Justice. The Sandiganbayan building is located at Centennial Building, Commonwealth Ave., Diliman, Quezon City in Metro Manila.

Department of Justice The Department of Justice (Filipino: Kagawaran ng Katarungan), abbreviated as DOJ, is the executive department of the Philippine government responsible for upholding the rule of law in the Philippines. It is currently under the leadership of Former Commission on Human Rights Chief, Secretary Leila de Lima. The Department of Justice traces its beginnings at the Revolutionary Assembly in Naic, Cavite on April 17, 1897. The establishment of a regime of law was tasked to Don Severino delas Alas who headed the Department of Grace and Justice. Shortly after the proclamation of independence in Kawit, Cavite on June 12, 1898,

President Emilio Aguinaldo issued a decree on September 26, 1898 reorganizing the Department. A year later, the American military force established the Office of the Attorney of the Supreme Court in place of the Department. On June ll, 1901, the new office was renamed the Office of the Attorney General and on September 1, 1901, the Office became the Department of Finance and Justice. In the 1916 government reorganization, the department became a separate entity and was given executive supervision over all courts of first instance and other inferior courts. Under the Japanese occupation, the Department was made a Commission. The civilian government established by the Japanese in 1943 changed it to a Ministry. After the war in 1945, the Government of the Philippine Commonwealth was reestablished and the Department of Justice was re-activated. The Department continued in this form under the Philippine Republic. Presidential Decree No. 1 during Martial Law reorganized the Executive Branch of the national government. Letter of Implementation No. 20 of December 31, 1972 organized the Department proper into the Office of the Secretary, the Financial and Management Service, the Administrative Service, Technical StaftQ the Prosecution Staff, the Legal Staff and the Judiciary Division; the Commission on Immigration and Deportation, the National Bureau of Investigation, the Office of the Government Corporate Counsel; the Board of Pardons and Parole; the Bureau of Prisons; and the Citizens Legal Assistance Office. Under the 1973 Constitution, Department became a Ministry of Justice. The 1986 People Power Revolution ushered in the contemporary Department of Justice. With the adoption of the 1987 Constitution and the Administrative Code of 1987 (Executive Order No. 292), the Department of Justice was named as the principal law agency of the Republic of the Philippines serving as its legal counsel and prosecution arm. Today, the DOJ continues to pursue its primary mission: To uphold the Rule of Law; with its "Justice for All" motto. The Office of the Secretary (OSEC) is composed of the National Prosecution Service, the Legal Staff, the Administrative, Financial, Technical and Planning and Management Services and the Board of Pardons and Parole. The constituent and attached agencies include the National Bureau of Investigation (NBI), Bureau of Immigration (BI), Public Attorneys Office (PAO), Office of the Solicitor General (OSG), Office of the Government Corporate Counsel (OGCC), Bureau of Corrections(BuCOR), Parole and Probation Administration (PPA), Presidential Commission on Good Government (PCGG) and the Land Registration Authority (LRA).

Ombudsman of the Philippines

The Ombudsman of the Philippines (Filipino: Tanodbayan ng Pilipinas) is an ombudsman responsible for investigating and prosecuting Philippine government officials accused of crimes. The Offices of the Ombudsman independently monitors all three branches of the government. The Ombudsman is also responsible for receiving complaints from citizens and organizations from the country. The Ombudsman usually prosecutes officials accused of graft and corruption. The Offices of the Ombudsman includes the Ombudsman's own office, along with offices for a team composed of a sheriff, the Ombudsman's second in command, and 6 other deputies who lead their respective divisions and/or bureaus. The Ombudsman is appointed by the President of the Philippines from a list submitted by the Judicial and Bar Council for a seven-year term with no reappointment. The Ombudsman can be impeached. The Judicial and Bar Council The Judicial and Bar Council of the Philippines is a constitutionallycreated body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts. Composition The Council is composed of a representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court, and a representative of the private sector. They are the "regular" members, as opposed to the Secretary of Justice and a representative of Congress who are the ex-officio members. The Chief Justice of the Supreme Court is the ex-officio chairman, while the Clerk of the Supreme Court shall serve as the ex-officio secretary. The regular members would be nominated by the President with the consent of the Commission on Appointments for a term of four years. However, since the terms will be staggered, the first set of members would a different lengths of service: the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years, and the representative of the private sector for one year. The following members shall be given the full four-year term.

There is currently a petition at the Supreme Court questioning on who should occupy the seat allocated for Congress. Currently, there are two members of Congress in the council: the chairman of the House of Representatives Committee on Justice and the Chairman of the Senate Committee on Justice and Human Rights. The council is the only government body that has members from all three branches of the government, excluding ad hoc and advisory bodies. References: http://en.wikipedia.org/wiki/Government_of_the_Philippines http://www.gov.ph/about/gov/judiciary/ http://en.wikipedia.org/wiki/Supreme_Court_of_the_Philippines http://en.wikipedia.org/wiki/Court_of_Appeals_of_the_Philippines http://en.wikipedia.org/wiki/Sandiganbayan http://en.wikipedia.org/wiki/Department_of_Justice_(Philippines) http://en.wikipedia.org/wiki/Ombudsman_of_the_Philippines http://en.wikipedia.org/wiki/Judicial_and_Bar_Council_(Philippines)