11/6/22, 11:51 PM 122 - Maj 2 - Politics & Govern.

: 01A Lesson Proper for Week 9

I. THE PHILIPPINE JUDICIARY

        The Philippine government adopts an organized system of a presidential, representative, and democratic republic whereby the
president is both the head of state and the head of government. This framework revolves around three discrete and sovereign yet
reliant branches: the legislative branch (the law-making body), the executive branch (the law-implementing body), and the judicial
branch (the law-deciphering body). Executive power is practiced by the public authority under the initiative of the president.
Legislative body is vested in both the public authority and the two-chamber congress—the Senate (the upper chamber) and the
House of Representatives (the lower chamber). Judiciary power is vested in the courts with the Supreme Court of the Philippines as
the highest judicial body.

        The judiciary branch of the government is led by the Supreme Court, which has a Chief Justice as its head and 14 Associate
Justices, all selected by the president on the recommendation of the Judicial and Bar Council. Other kinds of courts, of shifting locale
around the archipelago, are the:

LOWER COLLEGIATE COURTS

Court of Appeals
Court of Tax Appeals
Sandiganbayan

REGULAR COURTS
Regional Trial Courts
Metropolitan Trial Courts
Municipal Trial Courts
Municipal Trial Courts in Cities
Municipal Circuit Trial Courts

MUSLIM COURTS
Sharia District Courts
Sharia Circuit Courts

        The Supreme Court of the Philippines is the descendants of the council set up by Act No. 136 of the Philippine Commission on
June 11, 1901. There is no umbilical cord joining the Supreme Court to the Real Audiencia de Manila set up by the Spaniards or the
Audiencia Territorial de Manila constituted by Major General Elwell Otis. These audiencias, however, fill in as sceneries and
legitimate points of view in retelling the historical backdrop of the present Supreme Court.

        As in the 1935 and 1973 Constitutions, the 1987 Constitution gives that “[t]he judicial power shall be vested in one Supreme
Court and in such lower courts as may be established by law.” (Art. VII, Sec. 1). The use of judicial power is shared by the Supreme
Court with every one of the courts underneath it, however it is just the Supreme Court's choices that are vested with precedential
worth or doctrinal authority, as its interpretations of the Constitution and the laws are conclusive and past review by any other branch
of government.

        In contrast to the 1935 and 1973 Constitutions, however, the 1987 Constitution defines the idea of judicial power. Under
paragraph 2 of Section 1, Article VIII, “judicial power” includes not only the “duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable” but also “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.” This last
arrangement weakens the effectivity of the "political question" doctrine which places explicit inquiries best submitted to the political
intelligence of individuals beyond the review of the courts.

II. ROLES AND RESPONSIBILITIES

SUPREME COURT
        In accordance with the provisions of the 1987 Constitution, the Supreme Court is made out of a chief Justice and 14 associate
justices who serve until the age of 70. The court might sit en banc or in one of its three divisions made out of five individuals each.
The chief justice and associate justices are designated by the President of the Philippines, chosen from a shortlist put together by
the Judicial and Bar Council. The president should fill up a vacancy within 90 days of occurrence.

        Article VIII, Section 4 (2) of the constitution explicitly provides for the cases that must be heard en banc, and Section 4 (3) for
cases that may be heard by divisions.
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        The Judiciary Reorganization Act of 1980 moved the administrative oversight of all courts and their personnel from the
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Department of Justice to the Supreme Court. This was supported by Article VIII, Section 6 of the 1987 Constitution. To viably release
this constitutional mandate, the Office of the Court Administrator (OCA) was made under Presidential Decree No. 828, as amended
by Presidential Decree No. 842 (and its capacities further fortified by a resolution of the Supreme Court en banc dated October 24,
1996). Its chief function is the management and organization of the lower courts all throughout the Philippines and all their work
force. It reports and prescribes to the Supreme Court all activities that influence the lower court management. The OCA is headed by
the court administrator, three deputy court administrators, and three assistant court administrators.

        According to the 1987 Constitution, Article VIII, Section 5, the Supreme Court exercises the following powers:

1. Exercise jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.

2. Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the law or the Rules of Court may provide, final judgments
and orders of the lower courts in:
▪  All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question;
▪  All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto;
▪  All cases in which the jurisdiction of any lower court is in issue;
▪  All criminal cases in which the penalty imposed is reclusion perpetua or higher;
▪  All cases in which only an error or question of law is involved;

3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignments shall
not exceed six months without the consent of the judge concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.

1. 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. Such rules shall provide
a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts the same grade, and shall
not diminish, increase or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme Court.

2. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law (Sec. 5, id.).

COURT OF APPEALS
        The Court of Appeals is the second highest tribunal in the country, which was set up on February 1, 1936 by virtue of
Commonwealth Act No. 3. The current form of the Court of Appeals was established through Batas Pambansa Blg. 129, as amended
by Executive Order No. 33, s. 1986, Republic Act No. 7902, and Republic Act No. 8246.

        The jurisdiction of the Court of Appeals are as follows:

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or
processes, whether or not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of Regional Trial Courts and quasi-
judicial agencies, instrumentalities, boards or commission.

        The Court of Appeals will likewise have the power to try cases and conduct hearings, receive evidences and perform acts vital
to resolve verifiable issues brought up in cases falling within its original and appellate jurisdiction, including the power to give and
direct new trials or proceedings.

        The Court of Appeals is made out of one presiding justice and 68 associate justices, which are all appointed by the President
from a shortlist presented by the Judicial and Bar Council. The associate justices shall have precedence according to the dates (or
order, if there should be an occurrence of comparative appointment dates) of their separate arrangements. The qualifications for the
justices of the Supreme Court additionally apply to those from the Court of Appeals.

COURT OF TAX APPEALS

        The Court of Tax Appeals (CTA), which is of the same level as the Court of Appeals, was created by virtue of Republic Act No.
1125, which was signed into law on June 16, 1954. Its present-day form was constituted through RA 1125, as amended by Republic
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Act No. 9282 and Republic Act No. 9503.
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The CTA exercises jurisdiction in the following:

1. Exclusive appellate jurisdiction to review by appeal, as herein provided:

Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes,
fees or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue or other laws
administered by the Bureau of Internal Revenue;
Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes,
fees or other charges, penalties in relations thereto, or other matters arising under the National Internal Revenue Code or other
laws administered by the Bureau of Internal Revenue, where the National Internal Revenue Code provides a specific period of
action, in which case the inaction shall be deemed a denial;
Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by them in the
exercise of their original or appellate jurisdiction;
Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges, seizure,
detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters arising under the
Customs Law or other laws administered by the Bureau of Customs;
Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the
assessment and taxation of real property originally decided by the provincial or city board of assessment appeals;
Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from decisions of the
Commissioner of Customs which are adverse to the Government under Section 2315 of the Tariff and Customs Code;
Decisions of the Secretary of Trade and Industry, in the case of non-agricultural product, commodity or article, and the Secretary
of Agriculture in the case of agricultural product, commodity or article, involving dumping and countervailing duties under Section
301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under Republic Act No. 8800, where either
party may appeal the decision to impose or not to impose said duties.

2. Jurisdiction over cases involving criminal offenses as herein provided:

Exclusive original jurisdiction over all criminal offenses arising from violations of the National Internal Revenue Code or Tariff and
Customs Code and other laws administered by the Bureau of Internal Revenue or the Bureau of Customs: Provided, however,
that offenses or felonies mentioned in this paragraph where the principal amount of taxes and fees, exclusive of charges and
penalties, claimed is less than P1 million or where there is no specified amount claimed shall be tried by the regular courts and
the jurisdiction of the CTA shall be appellate.
Exclusive appellate jurisdiction in criminal offenses:
Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax cases originally decided by them,
in their respective territorial jurisdiction.
Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the exercise of their
appellate jurisdiction over tax cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts in their respective jurisdiction.
Jurisdiction over tax collection cases as herein provided:
Exclusive original jurisdiction in tax collection cases involving final and executory assessments for taxes, fees, charges
and penalties: Provided, however, that collection cases where the principal amount of taxes and fees, exclusive of
charges and penalties, claimed is less than P1 million shall be tried by the proper Municipal Trial Court, Metropolitan
Trial Court and Regional Trial Court.
Exclusive appellate jurisdiction in tax collection cases:
- Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax collection cases originally
decided by them, in their respective territorial jurisdiction.

- Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the Exercise of their
appellate jurisdiction over tax collection cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts
and Municipal Circuit Trial Courts, in their respective jurisdiction.
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        The CTA is made out of one presiding justice and 8 associate justices, which are all named by the President from a shortlist put
together by the Judicial and Bar Council. The associate justices shall have precedence according to the dates (or order, if there
should be an occurrence of comparative appointment dates) of their separate arrangements. The qualifications for the justices of the
Court of Appeals additionally apply to those from the Court of Tax Appeals. The current presiding justice of the CTA is Roman del
Rosario, who is set to retire on October 6, 2025.

SANDIGANBAYAN
        To attain the highest norms of official conduct among officials and employees in the government, the creation of a special graft
court to be known as the Sandiganbayan was provided for in Article XIII, Section 5 of the 1973 Constitution. This court was formally
established through Presidential Decree No. 1606, which was signed into law on December 10, 1978.

        Through Article XI (Accountability of Public Officers), Section 4 of the 1987 Constitution, the Sandiganbayan was carried over to
the post-EDSA Revolution republic. The current form of the Sandiganbayan was constituted through PD 1606, s. 1978, as amended
by Republic Act No. 7975 and Republic Act No. 8245.

The Sandiganbayan has jurisdiction over the following:

1. Violations of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, as amended, and Chapter II, Section 2, Title
VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying the following positions in the
government whether in a permanent, acting or interim capacity, at the time of the commission of the offense:

Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade 27 and
higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial treasurers, assessors,
engineers and other provincial department heads;
City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors engineers and other city
department heads;
Officials of the diplomatic service occupying the position of consul and higher;
Philippine army and air force colonels, naval captains, and all officers of higher rank;
Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of
senior superintendent or higher;
City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and
special prosecutor;
Presidents, directors or trustees, or managers of government-owned or -controlled corporations, state universities or
educational institutions or foundations;
Members of Congress and officials thereof classified as grade 27 and up under the Compensation and Position Classification
Act of 1989;
Members of the judiciary without prejudice to the provisions of the constitution;
Chairmen and members of constitutional commissions, without prejudice to the provisions of the constitution; and
All other national and local officials classified as Grade 27 and higher under the Compensation and Position Classification Act of
1989.

2. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees
mentioned in subsection a of this section in relation to their office.

3.  Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, s. 1986.

        In addition, the Sandiganbayan exercises exclusive appellate jurisdiction over final judgments, resolutions or orders or regional
trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided.

        The Sandiganbayan also has exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition,
certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of
similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos.
1,2,14 and 14-A issued in 1986.

        In the event that private people are charged as co-principals, accomplices or accessories with the public officers or employees,
including those employed in government-owned or controlled corporations, they shall be tried together with said public officials and
employees in the appropriate courts which will exercise exclusive jurisdiction over them.
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11/6/22, 11:51 PM 122 - Maj 2 - Politics & Govern.: 01A Lesson Proper for Week 9
        The Sandiganbayan involves one presiding justice and 14 associate justices, which are all designated by the President from a
shortlist put together by the Judicial and Bar Council. The associate justices shall have precedence according to the dates (or order,
if there should be an occurrence of comparative appointment dates) of their separate arrangements.

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