Judiciary and judicial process in the Philippines

1. JEREENA MANALAYSAY-CRUZ
11 MARCH 2017

3. Royal Audiencia
•This was established in the country on May 5,
1583 by King Felipe II of Spain.
•It served as the judicial arm of the Spanish
colonial government.
•It was created to assist the governor-general
and to secure the people from abusive
Spanish officials during the Spanish
colonization period.

4. •It was also known as the Royal Audiencia de
Manila.
•It has the following jurisdictions:
to supervise the administration of deceased person’s estate
to exercise pronounced authority over the services of public
servants and government officials in the country
to report to the court all matters which are relative to the conduct,
work or attitude of any government employee/official
to check the appointments of the governor-general

5. Philippine Revolution and First
Republic
•The exigencies of war
prevented the thorough
organization of the
administration of justice.
•1899 – the Malolos
Constitution was ratified.

6. American Military Rule
•Gen. Wesley Meritt suspended the audiencias
when a military government was established
after the fall of Manila.
•The audiencia was re-established by the virtue
of General Order No. 20. It also provided for 6
Filipino members of the audiencia.

7. General Wesley Meritt

8. Establishment of the Supreme
Court
•Through the virtue of Act
No. 136 of the Philippine
Commission, the
Supreme Court was
established on June 11,
1901 with Cayetano
Arellano as the first chief
justice.

9. Commonwealth Period
•As part of the provisions of the 1935
Constitution, membership to the Supreme
Court increased to 11.
•The Supreme Court was Filipinized when the
Commonwealth was inaugurated on
November 15, 1935.

10. •Commonwealth Act No. 3 – it reduced the
composition of the Supreme Court from 11 to
1 Chief Justice and 6 Associate Justices

11. World War II and the 2nd
Republic
•The National Assembly granted emergency
powers to President Manuel Quezon.
•Jose Abad Santos was made justice secretary
as well as acting president of the Philippines
to all unoccupied areas.
•Philippine Executive Commission – was
signed on January 8, 1942. This gave way to
the 2nd Republic in 1943.

12. •On June 6, 1945, the regular functions of the
Supreme Court was restored.
•On September 17, 1945, all laws of the 2nd
Republic were declared to be null and void.

13. Martial Law
•The 1973 Constitution increased the
membership of the Supreme Court to 15.
•The president had the sole authority to appoint
members of the Supreme Court.

14. THE JUDICIAL POWER
•The judicial power rests with the Supreme
Court and the lower courts, as established by
law.
•The primary duty of the judicial branch is to
settle actual controversies which involve rights
that are legally demandable and enforceable.

15. Art. VIII Sec.1 of the 1987
Constitution
“The judicial power shall be vested in
one Supreme Court and in such
lower courts as may be established
by law.”

16. •Scope of Judicial Power:
1. Adjudicatory Power
 To settle actual controversies involving rights which are
legally demandable and enforceable
 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

17. 2. Power of Judicial Review
 To pass upon the validity or constitutionality of
the laws of the State and the acts of the other
departments of the government.
 To interpret them to render binding judgements

18. Rules of Court in the Philippines
•It define the rules and procedures of the
judiciary.
•These are in the form of administrative
matters, administrative orders and circulars.

19. Code of Professional Responsibility
•This was promulgated by the Supreme Court
on June 21, 1988.
•It was prepared by the Committee on
Responsibility, Discipline and Disbarment of
the IBP.
•It is also known as the Canons of
Professional Ethics.

20. Philippine Judicial Academy
•It serves as the training school
for justices, judge, court personnel,
lawyers and other aspirants to
different judicial posts.
•It was created by the Supreme
Court on March 16, 1996 by virtue
of Administrative Order No. 35-
96.

21. Former President Gloria Macapagal Arroyo during the
inauguration and ribbon-cutting of PHILJA.

22. Philippine Mediation Center
•This was created on October 16, 2001.
•In order to decongest court dockets, the court
prescribed guidelines in institutionalizing and
implementing the mediation program in the
Philippines.

24. Katarungang Pambarangay
•It was established on December 11, 1978
through the virtue of Presidential Decree No.
1508 which is also known as the
Katarungang Pambarangay Law.
•Its objectives are to amicably settle the
disputes at the barangay level and to
promote the speedy administration of
justice by easing the congestion of court
dockets.

26. Alternative Dispute
Resolution System
•It is also known as Republic Act 9285, this law
was passed on April 2, 2004.
•Its primary objective is to promote the speedy
and impartial administration of justice and
unclog court dockets.

28. Organization of Courts
1. Regular Courts
2. Appellate Courts

29. Regular Courts
a. Supreme Court
b. Regional Trial Courts
c. Metropolitan Trial Courts and Municipal Trial
Courts in Cities
d. Municipal Trial Courts
e. Municipal Circuit Trial Courts
f. Shari’a District Courts
g. Shari’a Circuit Courts

30. Regional Trial Court
•Batas Pambansa Blg. 129, or The Judiciary
Reorganization Act of 1980, and Republic Act
No. 7691 gave the RTC the following
jurisdictions:
a. Exclusive original jurisdiction in criminal cases not within
the exclusive jurisdiction of any court, tribunal or body, except
those
falling under the exclusive and concurrent jurisdiction of t
he Sandiganbayan.

31. b. Other laws which specifically lodge jurisdiction in the RTC
• Laws on written defamation or libel
• Decree on Intellectual Property
• Dangerous Drugs Cases except where the offenders are
below 16 years and there are Juvenile and Domestic Relations Courts in
the province
c. Appellate jurisdiction over all cases decided by MTCs
in their respective territorial jurisdiction
d. In areas where there are no family courts, the cases
falling under the jurisdiction of family courts shall be
adjudicated by the RTC

32. Municipal Trial Courts
•Every municipality in the Philippines has its
own Municipal Trial Court. It is referred to as
such if it only covers one municipality;
otherwise, it is called Municipal Circuit Trial
Court if it covers two or more municipalities.

33. •MTC has the following jurisdictions:
1. Exclusive original jurisdiction over all violations of city or
municipal ordinances committed within their respective territorial
jurisdiction
2. Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding 6 years, regardless of the fine or other
accessory penalties and civil liability
3. Offenses involving damage to property through criminal
negligence
4. In cases where the only penalty provided by law is a fine, it has
exclusive jurisdiction over offenses punishable by a fine not
exceeding P4000
5. In election offenses, cases involving failure to register or failure to vote
6. Special jurisdiction to hear and decide petitioners for a writ of
habeas corpus or application for bail in the province or city where the
RTC judge is absent
7. Cases involving BP 22—Bouncing Checks Law

34. Metropolitan Trial Courts
•These are the municipal trial courts in the
towns and cities in the Metropolitan Manila
area.
•There are 16 Metropolitan Trial Courts in the
country.

35. Municipal Trial Courts in
Cities
•These are for the cities located outside in
Metropolitan Manila area.

36. Shari’a District Courts
•These are equivalent to the RTCs which were
established in certain specified provinces in
Mindanao where the Code of Muslim Personal
Laws of the Philippines is being enforced.
•This was created under Presidential Decree No.
1083.
•Cases that fall under the jurisdiction of the Shari’a
Courts pertain to family rights and duties of Filipino
Muslims in Mindanao.

37. •It has the following jurisdictions:
1. All cases involving custody, guardianship, legitimacy, paternity
and filiation arising under PD 1083.
2. All cases involving disposition, distribution and settlement of
the estate of a deceased Muslim, probate of wills, issuance of
letters of administration or appointment of administrators or
executors regardless of the value of the properties.
3. Petitions for declaration of absence and death and for
cancellation and correction of entries in the Muslim Registries.
4. All actions arising from customary contracts in which the
parties are involved.

38. Shari’a Circuit Courts
•These are equivalent to the Municipal Circuit
Trial Courts which were established in certain
municipalities in Mindanao.
•It has the following jurisdictions:
1. Cases involving offenses defined under PD 1083
2. Civil actions and proceedings between parties who are Muslims
or have been married in accordance to PD 1083
3. Cases involving disputes relative to communal properties

39. Appellate Courts
a. Court of Appeals
b. Court of Tax Appeals
c. Sandiganbayan

40. Court of Appeals
•The Court of Appeals was established under
Batas Pambansa Bilang 129 known as "The
Judiciary Reorganization Act of 1980".
•It is composed of one Presiding Justice and
sixty eight (68) Associate Justices.

41. Court of Tax Appeals
•The Court of Tax Appeals was created under
Republic Act No. 1125.
•The Court of Tax Appeals (CTA) is now of the
same level as the Court of Appeals,
possessing all the inherent powers of a Court
of Justice, and shall consist of a Presiding
Justice and five (5) Associate Justices.

42. Sandiganbayan
•It is a special appellate collegial court in the
Philippines which was established under PD
No. 1606.
•It is equal in rank to the Court of Appeals, and
consists of fourteen Associate Justices and
one Presiding Justice.

43. •It has exclusive jurisdiction over violations of
the Anti-Graft and Corrupt Practices Act or
RA No. 3019, the Unexplained Wealth Act or
RA No. 1379 and other crimes or felonies
committed by public officials and employees in
relation to their office.

44. Art. VIII, Sec. 2
“…No law shall be passed
reorganizing the judiciary when it
undermines the security of tenure of its
members.”

45. Art. VIII, Sec. 3
“The judiciary shall enjoy fiscal
autonomy..”

46. Art. VIII, Sec. 4
“The Supreme Court shall be composed of a
Chief of Justice and 14 Associate Justices.”

47. Art. VIII, Sec. 5
•The SC has the following powers:
Exercise original jurisdiction over cases affecting
ambassadors, public ministers and consuls
Review, revise, reverse, modify or affirm appellate certiorari
Assign judges of lower courts temporarily to other stations
Order a change of venue or place of trial
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.

48. Art. VIII, Sec. 7
•Qualifications of the Members of the Supreme
Court:
Natural-born citizen of the Philippines
Must be at least 40 years of age
Must have been a judge of a lower court or
engaged in the practice of law in the Philippines
for 15 years or more
Must be a person of proven competence,
integrity, probity and independence

49. Art. VIII, Sec. 8
•The Judicial and Bar Council is established to
recommend appointees to the Judiciary.

50. Art. VIII, Sec. 9
•The members of the Supreme Court and
judges of the lower courts are appointed by
the President of the Republic of the
Philippines from a list presented by the
Judicial and Bar Council.

51. Art. VIII, Sec. 11
•All members of the Supreme Court and judges
of lower courts shall hold office until they
reach the age of 70 or become incapacitated
to perform their duties and responsibilities.

53. Cayetano Arellano
•He was the first Chief Justice of the Supreme
Court.
•He was appointed in 1901 when the Supreme
Court was established through Act No. 136.

54. Ramon Avanceña
•He was appointed in 1925
by US President Calvin
Coolidge.
•He is known for ushering
in an all-Filipino Supreme
Court in 1935.

55. Jose Abad Santos
•He was both the Chief Justice
and Secretary of Justice
during the wartime
administration of President
Manuel Quezon.
•He refused to collaborate with
the Japanese.

56. Manuel V. Moran
•He was appointed in 1945
by Pres. Osmeña.
•Upon his retirement, he was
appointed as Philippine
Ambassador to Spain and to
the Holy See.

57. Roberto V. Concepcion
•He was appointed by
Ferdinand Marcos.
•He went into early retirement
for refusing to grant absolute
power to Ferdinand Marcos.

58. Claudio Teehankee
•He was known for his firm anti-
martial law stance during his
tenure in office.
•He resisted multiple attempts by
the Marcoses to garner
absolute power.
•He sworn in Corazon Aquino as
the President in 1986.

59. Hilario Davide
•He was appointed by
President Joseph Estrada
in1998.
•He was known as the
presiding judge of the 1st
impeachment proceedings
in Asia.

60. Maria Lourdes Sereno
•She was appointed by
President Benigno Aquino in
2012.
•She is the first woman
appointed as Chief Justice.