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Philippine Judicial System

(Continuation)
The Philippine Court System

-Supreme Court should be composed of a Chief Justice and


14 Associate Justices.

Under the Supreme Court are 4 hierarchical layers: first-


level courts, second-level courts, court of appeals and the
Sandiganbayan- a court that handles corruption causes
againts preminent officials.
COURT OF APPEALS
-Is the second highest tribunal in the Philippines.
-It reviews the decisions and final orders of all
Regional Trial Courts.
-It also reviews resolutions in the administrative
cases of the Ombudsman and those of the
Department of Justice and other agencies.
SANDIGAN BAYAN
- Is the present antigraft court in the country (Art.
IX Section 4).
- It conducts “expeditious of criminal and cases
involving offenses commiting by public officers
and employees including those employed in
government-owned or controlled corporations.”
SUPREME COURT
-Is the highest court and the only constitutional
court in the Philippines being especially provided
for in the constitution.

Apart from Judicial Power , Supreme Court also


exercises the other powers that are quasi-
legistative, administrative and special in nature
(Lim, 2010).
• Quasi-Legistative Power
-Is the power to make and promulgate rules that make up the rules
of courts.

•Administrative Power
-It can temporarily assigned judges of lower courts to other stations
and order a change of venue of place of trial (Art. VIII, section 5).

•Special Power
-As the President Electoral Tribunal or the sole judge at all election
protest including presidential and vice-presidential elections (Art. VII,
Section 4)
JUDICIAL POWER
-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 dicsretion amounting to lack or
excess of jurisdiction on the part of any branch
or instrumentality of the Government.
1987 Philippine Constitution

-restored the independence of the judiciary in the


country.
• According to Lim (2010), “the role function and
place of the judiciary have more to do with
upholding and ensuring constitutional liberalism
rather than democracy .”
JUDICIAL INDEPENDENCE
-It insulates the judiciary from political branches of the
government and partisan politics.
The 1879 Philippine Constitution contains several provisions
that guarantee the judicial independence or the dependence
in the judiciary. These are the provisions:
1. The security of tenure of judicial officers
2. The judicial fiscal of autonomy
3. Judicial self-regulation or self-administration
4. The appointment of justices amd judges
5. Impeachment
• Security of Tenure
-Article VIII, Section 11 states “The members of the Supreme Courts
and the judges of the lower courts shall hold office during good
behavior until they reach the age of seventy years or becom
incapacitated to encharge the duties of their office

•Judicial Fiscal Autonomy


-Article VIII, Section 3 mandates that “The judiciary shall enjoy fiscal
autonomy. Appropriations for the judiciary may not be reduced by
the legistative below the amount appropriated for the previous year
and after approval shall be automatically and regularly released.
•Judicial self-regulation and self-administration
-Article VIII, Section 5(6) provides one of the highest
powers of Supreme Court ,the highest court of the land
to appoint all officials and employees of judiciary in
accordance to the Civil Service Law.
•The Appointment of justices and judges
-Article VIII, Section 9 states that “The members of the
Supreme Court and jugdes of lower courts shall be
appointed by the president for every vacancy. Such
appointments need no confirmation.”
•Impeachment
-Article VIII, Section 2 provides that “The president,the
vice president ,the members of the Supreme Court ,the
Members of the Constitution Commission and the
Ombudsman maybe removed from office ,”on
impeachment for and convicition of, culpable violation
of the constitution ,treason, bribery ,graft and
corruption other high crimes of betrayal of public tust.”
Thank You for Watching!
Presented by: Group 3

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