Philippine Politics and Governance
Governor Pack Road, Baguio City, Philippines 2600
Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786;
442-2564; 442-8219; 442-8256; Fax No.: 442-6268 Name:
Email:
[email protected]; Website: www.uc-bcf.edu.ph
S.Y. 2020-2021 First Trimester Grade Level/Section:
MODULE 9 – POL SCI Subject Teacher: KIMBERSON P. ALACYANG
MODULE #9: ARTICLE 8 – JUDICIAL BRANCH
I. LEARNING OBJECTIVES:
a. Determine the powers, qualifications and term of office of the judicial department.
II. DISCUSSION
• ARTICLE VIII: The Judicial Department (PPG hand out)
Judicial power – shall be vested in in one Supreme Court and in such lower courts as may be
established by law.
- Power and duty of courts of justice to interpret and to apply the laws
Court - is a body to which the public administration of justice is delegated
I. Scope of Judicial Power
1. Adjudicatory Power- includes the duty of courts of justice
a. To settle actual controversies involving rights which are legally demandable
b. To determine whether there has been grave abuse of discretion amounting to lack or
excess of jurisdiction
o Grave Abuse of Discretion – lack of authority to act on the matter in dispute
2. Power of Judicial Review
a. To pass upon validity or constitutionality of the laws of the state and the acts of the
other departments of the government
b. To interpret them
c. To render binding judgments
3. Incidental Powers – necessary to the effective discharge of the judicial functions
II. Powers of the Judiciary
A. Settle disputes concerning consuls or diplomats - They enjoy immunity from domestic suits or
cases
B. Petition for Certiorari - Special civil action requesting a lower court or body to transmit the
records to the superior court for review
C. Prohibition - Writ by which the superior court prohibits the lower court or body to stop further
proceedings
D. Mandamus - Order by a superior court to a lower court to do perform a certain act which it
is bound to do so
E. Quo Warranto - Action by the government to recover an office or franchise from an
individual unlawfully holding it
F. Automatic Review of Cases sentenced by lower court with Reclusion Perpetua or Death
Penalty
Philippine Politics and Governance
Governor Pack Road, Baguio City, Philippines 2600
Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786;
442-2564; 442-8219; 442-8256; Fax No.: 442-6268 Name:
Email:
[email protected]; Website: www.uc-bcf.edu.ph
S.Y. 2020-2021 First Trimester Grade Level/Section:
MODULE 9 – POL SCI Subject Teacher: KIMBERSON P. ALACYANG
III. ORGANIZATION OF COURTS
1. REGULAR COURTS
A. Supreme Court - the highest court in the Philippines. It has an administrative supervision
over all courts and the personnel. 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.
B. Court of Appeals – 1.) 69 Justices, 2.) Headed by presiding Justice which Operates in 23
divisions each comprising 3 members, 3.) The Courts sits en banc only to exercise
administrative, ceremonial, or other no-adjudicatory functions
C. REGIONAL TRIAL COURT – presided by 720 Regional Trial Judges in each of 13 Regions in the
Country
D. Shari’ a District Courts (same privileges with the RTC)
E. Municipal Trial Court
F. Metropolitan Trial Court - are judicial courts of the Philippine Judicial Sytem which covers
two or more municipalities in the country
G. Metropolitan Circuit Trial Court - in the towns and cities in the Metropolitan Manila area, as
distinguished from the other political subdivisions in the Philippines
H. Shari’ a Circuit Courts (same privileges with the Municipal Circuit Courts)
2. SPECIAL COURTS
a. Sandiganbayan - 14 Justices which operates in 5 divisions each comprising 3 members
- tries and decides criminal and civil cases against government officials and
employees accused of graft and corruption and similar other cases.
b. Court of Tax Appeals (Hukuman ng Paghahabol sa Buwis ng Pilipinas) – is the special court
of limited jurisdiction, and has the same level with the Court of Appeals.
- 5 Justices and a Presiding Justices, created under R.A. no. 1125 as amended by
R.A. no. 9282, which has exclusive appellate jurisdiction to review on appeal
concerning internal revenue taxes and decisions.
Philippine Politics and Governance
Governor Pack Road, Baguio City, Philippines 2600
Tel. Nos.: (+6374) 442-3316, 442-8220; 444-2786;
442-2564; 442-8219; 442-8256; Fax No.: 442-6268 Name:
Email: [email protected]; Website: www.uc-bcf.edu.ph
S.Y. 2020-2021 First Trimester Grade Level/Section:
MODULE 9 – POL SCI Subject Teacher: KIMBERSON P. ALACYANG
III. ASSESSMENT
*Note: To be placed in the Assignment portion of your module and it will be published based on your
you class schedule.
IV. REFERENCES:
• Carlos.et al., Politics and Governance, Manila: REX Book Store. 2010
• De Leon, H. Philippine Constitution. REX Book Store. 2014
• Melegrito et. al., Philippine Politics and Governance, Quezon City: Phoenix Publishing House, Inc.
2016
