TTHE HE JJUDICIAL UDICIAL DDEPARTMENTEPARTMENTREPORTED BY : ALTA GRACIA S. BAÑACIAREPORTED BY : ALTA GRACIA S. BAÑACIA

ARISTOTEL M. PAMITTANARISTOTEL M. PAMITTAN

JudiciaryJudiciary one of the three branches of one of the three branches of

the governmentthe government interprets the lawinterprets the law provides mechanism for the provides mechanism for the

resolution of disputeresolution of dispute

The Judicial PowerThe Judicial Power Article VIII, Section 1: Article VIII, Section 1: Judicial Judicial

power power will be vested in the will be vested in the Supreme Court Supreme Court and and all lower all lower courtscourts

Judicial powerJudicial power: the power to : the power to apply the laws apply the laws to contests or to contests or disputes concerning legally disputes concerning legally recognized rightsrecognized rights

Judicial PowerJudicial Power Generally entails two Generally entails two

activities:activities:

1.1. Settling Settling legal controversieslegal controversies

1.1. Determining whether there Determining whether there has been has been grave abuse of grave abuse of discretion discretion amounting to lack amounting to lack or excess of jurisdiction by or excess of jurisdiction by any branch of governmentany branch of government

Scope of Judicial PowerScope of Judicial Power Adjudicating PowerAdjudicating Power

The power to settle legal disputesThe power to settle legal disputes Power of Judicial ReviewPower of Judicial Review

Refers to the power of the Refers to the power of the Supreme Court to interpret and Supreme Court to interpret and make judgments with respect to make judgments with respect to the lawthe law

Incidental PowersIncidental Powers Powers necessary for the Powers necessary for the

discharge of the judicial function discharge of the judicial function

Powers of the Supreme CourtPowers of the Supreme Court SC has SC has jurisdictionjurisdiction over: over:

Cases involving ambassadors and Cases involving ambassadors and public ministerspublic ministers

Petitions for Petitions for certioraricertiorari, , mandamusmandamus, , quo warrantoquo warranto, , prohibition & prohibition & habeas corpushabeas corpus

Review judgmentsReview judgments of lower of lower courtscourts Cases involving constitutionality, Cases involving constitutionality,

legality of any tax, legality of any tax, reclusion reclusion perpetuaperpetua and errors on questions and errors on questions of lawof law

Assignment of judges to the Assignment of judges to the lower courtslower courts

Order a change of venue for a Order a change of venue for a trialtrial

Promulgate rules of courtPromulgate rules of court Appoint officials of the judiciary Appoint officials of the judiciary

and hire employees for the and hire employees for the judicial branchjudicial branch

Powers of the Supreme CourtPowers of the Supreme Court

Rendering Court DecisionsRendering Court Decisions Once a decision is reached, a SC Once a decision is reached, a SC

Justice is assigned to write an Justice is assigned to write an opinionopinion

The opinion is The opinion is certified by the certified by the Chief Justice and served Chief Justice and served to the to the parties concerned parties concerned

Dissentions Dissentions and and abstentions abstentions must be must be explainedexplained

The The opinion opinion must explain must explain facts facts of lawof law

Organization of Philippine Organization of Philippine CourtsCourts

SUPREME COURT

COURT OF APPEALS

REGIONAL TRIAL COURTSSHARI’A DISTRICT COURTS

METROPOLITAN TRIAL COURTSMUNICIPAL TRIAL COURTS IN CITIESMUNICIPAL TRIAL COURTSMUNICIPAL CIRCUIT TRIAL COURTSSHARI’A CIRCUIT COURTS

APPELLATE COURTS

TRIALS COURTS

SANDIGANBAYAN

COURT OF TAX APPEALSQUASI-JUDICIAL AGENCIES

The Supreme CourtThe Supreme Court CompositionComposition

1 Chief Justice and 14 Associate 1 Chief Justice and 14 Associate JusticesJustices

Sits Sits en banc en banc or in divisionsor in divisions QualificationsQualifications

By appointmentBy appointment 40 years of age40 years of age Natural born citizenNatural born citizen Judge or legal practitioner for 15 Judge or legal practitioner for 15

yearsyears

SUPREME COURT SUPREME COURT COMPOSITIONCOMPOSITION

CHIEF JUSTICE – MARIA CHIEF JUSTICE – MARIA LOURDES P.A. SERENOLOURDES P.A. SERENO

14 ASSOCIATE JUSTICE14 ASSOCIATE JUSTICE ANTONIO T. CARPIOANTONIO T. CARPIO PRESBITERO J. VELASCO, JRPRESBITERO J. VELASCO, JR TERESITA J. LEONARDO DE TERESITA J. LEONARDO DE

CASTROCASTRO

ARTURO D. BRIONARTURO D. BRION DIOSDADO M. PERALTADIOSDADO M. PERALTA LUCAS P. BERSAMINLUCAS P. BERSAMIN MARIANO C. DEL CASTILLOMARIANO C. DEL CASTILLO MARTIN S. VILLARAMA, JR.MARTIN S. VILLARAMA, JR. JOSE P. PEREZJOSE P. PEREZ JOSE C. MENDOZAJOSE C. MENDOZA

BIENVENIDO L. REYESBIENVENIDO L. REYES ESTELA M. PERLAS-BERNABEESTELA M. PERLAS-BERNABE MARVIC MARIO VICTOR F. MARVIC MARIO VICTOR F.

LEONENLEONEN ROBERTO A. ABAD – (RETIRED)ROBERTO A. ABAD – (RETIRED)

ISSUES AND CONCERNISSUES AND CONCERN TREATIESTREATIES CONSTITUTIONALITYCONSTITUTIONALITY LEGALITY OF ANY TAXLEGALITY OF ANY TAX ERRORS ON QUESTIONS OF ERRORS ON QUESTIONS OF

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