Senior High School

Philippine Politics and

Governance
Module 8:
Roles and Responsibilities of the

AIRs - LM

Philippine
Judiciary

LU_Philippine Politics and Governance_Module 8

HUMSS - PHILIPPINE POLITICS AND GOVERNANCE
Module 8: Roles and Responsibilities of the Philippine Judiciary
Second Edition, 2021

Copyright © 2021
La Union Schools Division
Region I

All rights reserved. No part of this module may be reproduced in any form without written
permission from the copyright owners.

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Author: Marybeth Nudas Garcia

Editor: SDO La Union, Learning Resource Quality Assurance Team
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Senior High School

LU_Philippine Politics and Governance_Module 8

 Philippine Politics and
Governance
Module 8:
Roles and Responsibilities of the
Philippine Judiciary

Introductory Message
This Self-Learning Module (SLM) is prepared so that you, our dear
learners, can continue your studies and learn while at home. Activities,
questions, directions, exercises, and discussions are carefully stated for you to
understand each lesson.

Each SLM is composed of different parts. Each part shall guide you step-
by-step as you discover and understand the lesson prepared for you.

Pre-tests are provided to measure your prior knowledge on lessons in each

SLM. This will tell you if you need to proceed on completing this module or if you
need to ask your facilitator or your teacher’s assistance for better understanding
of the lesson. At the end of each module, you need to answer the post-test to self-
check your learning. Answer keys are provided for each activity and test. We
trust that you will be honest in using these.

In addition to the material in the main text, Notes to the Teacher are also
provided to our facilitators and parents for strategies and reminders on how they
can best help you on your home-based learning.

LU_Philippine Politics and Governance_Module 8

 Please use this module with care. Do not put unnecessary marks on any
part of this SLM. Use a separate sheet of paper in answering the exercises and
tests. And read the instructions carefully before performing each task.

If you have any questions in using this SLM or any difficulty in answering
the tasks in this module, do not hesitate to consult your teacher or facilitator.

Thank you.

LU_Philippine Politics and Governance_Module 8

 Target

The Philippine government has three (3) branches: executive, legislative and
judicial. Each branch has a specific function which is different from the others. The
executive branch is in charge of rule-implementation, the legislative branch is tasked
with rule-making, and the task of the judicial branch is rule-adjudication or
ruleimplementation. There is no one who must dominate the others because they are
considered to be co-equal branches. Obviously, this is the principle of separation of
powers which seeks or aims for checks and balances in the government.

In the previous lesson, you have already learned about the executive branch
and legislative branch of the governeent. In the national level, the executive branch
is composed of the President and the Cabinet members and secretaries. They are
incharge of implementing the laws and policies of the State. The legislative branch is
the Congress, which is bicameral in nature. It is divided into two: the Senate and the
House of the Representatives. The former is considered to be the upper house
because the members are voted nationally and the latter is called the lower house or
chamber of the legislative branch. There are twenty-four (24) senators who will serve
six (6) years per term in every election (1987 Philippine Constitution, Article VI,
Section 4). There is no exact number of members of the lower house because it
depends on the number of legislative districts and the number of party-list
representatives who will get their seats. Each member of the house shall serve for
three (3) years and three (3) consecutive terms (1987 Philippine Constitution, Article
VI, Section 7).

This lesson will provide you with information and various activities that will
help you understand the roles and responsibilities of the judicial branch of the
government.

After going through this lesson, you are expected to analyze the roles and
responsibilities of the Philippine Judiciary.

Specific Learning Objectives:

1. define judicial power;

2. identify the roles and responsibilities of the Philippine Judiciary;
3. discuss how the judiciary exercises political neutrality and fairness;
and
4. evaluate the performance of the Philippine Judiciary as a dispense
of justice and a protector of constitutional safeguards to freedom.

Before going on, answer the activities below to check on what

you know about the topic. Have fun and good luck!

LU_Philippine Politics and Governance_Module 8

 Jumpstart

Activity 1 Choose Me

Directions: Choose from the box the word/s that best describe/s each item below.
Write your answers in a separate sheet of paper.

Chief Justice Lower Courts Sandiganbayan

Court of Appeals Philippine Judiciary Senate President
Court of Tax Appeals President Special Courts
Judicial Power Quo warranto Supreme Court

_____1. It is the branch of the government that determines the constitutionality of

the law.
_____2. It is considered as the country’s highest court.
_____3. This court reviews decisions of the Regional Trial Courts.
_____4. He appoints the Chief of the Supreme Court.
_____5. This handles graft and corruption cases of government officials.
_____6. This is vested in the Supreme Court and other lower courts. _____7.
It refers to the action made by the government to recover an office or
franchise from an individual or corporation.
_____8. He holds the highest position in Philippine Judiciary.
_____9. These are tribunals that have limited jurisdiction over certain cases or
controversies.
_____10. These include city and municipal courts.

Discover

Philippine Judiciary is composed of different courts. This is the only branch of

government that does not find itself in fusion with the other two branches. Its main
function is rule-adjudication or rule-interpretation. In essence, it is in-charge of
determining the constitutionality of the law. Correspondlingly, in case of conflicts of
law, it decides on which one is correct. The power of the judiciary rests on the
Supreme Court and the lower courts, which include the Court of Appeals,
Sandiganbayan, down to the Regional Trial Courts, the Metropolitan Trial Court, and
the Municipal Trail Court.

LU_Philippine Politics and Governance_Module 8

Judicial Power

Article VIII, Section 1 of the 1987 Constitution stipulates that Judicial power will be
vested in the Supreme Court and all lower courts. Judicial power is the power to
apply the laws to contests or disputes or concerning legally recognized rights and
duties between the state and private persons, or to individually litigants in cases
properly brought before judicial tribunal.
The 1987 Philippine Constitution, Paliwen (2017) states that judicial power entails
two activities: (a) to settle actual controversies involving rights which are legally
demandable and enforceable and (b) to settle 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. Obviously, Philippine Judiciary not
only rules on legal issues but also on the other two branches (executive and
legislative), as what the late senator Miriam Defensor Santiago said, “whenever the
court finds that the other department has committed grave abuse of discretion”.

Furthermore, the scope of judicial power includes:

a. Adjudicating Power or the power to settle legal disputes;
b. Power of Judicial Review or the power of the Supreme Court to
interpret and make judgments with respect to the law; and
c. Incidental Powers or powers necessary for the discharge of the
judicial function (Tabajen and Pulma, 2016). Thus, the central
function of the judges is to adjucate and interpret the law (Francisco
and Francisco, 2016).

As one of the three independent, co-equal, and coordinate branches of the

government, the judicial branch or the Philippine Judiciary’ s independence is
manifested in the following: (a) creation of the Judicial and Bar Council; (b) expanded
power of judicial review; (c) fiscal autonomy of the judiciary; (d) power to review
proclamation of martial law and the suspension of the writ of habeas corpus; (e)
security of tenure of judges; and (f) the Supreme Court as judge in presidential
elections.

Structure, Composition, and Organization of the Philippine Judiciary

There are three kinds of courts in the country: the regular courts, the special
courts, and the quasi-judicial courts or quasi-judicial agencies.

Regular courts include the following: (1) Supreme Court; (2) Court of Appeals;
(3) Regional Trial Courts; and (4) Metropolitan Trial Courts, Municipal Trial Courts,
Municipal Circuit Trial Courts, and Municipal Trial Courts in Cities. The first two are
review courts and the last two are trial courts. Special courts are tribunals that have
limited jurisdiction over certain cases or controversies. The Shari’a Court, the Court
of Tax Appeals, and the Sandigan Bayan are examples of special courts (Villanueva,
2017). Quasi-courts or Quasi-judicial agencies exercise adjudicatory powers in
certain types of controversies. These include agencies such as the Civil Service
Commission, Commission on Elections, and Commission on Audit (Pangalangan,
2011).

LU_Philippine Politics and Governance_Module 8

 Supreme Court
Chief Justice(Head)

Court of Appeals Sandiganbayan Court of Tax Appeals

Regional Trial Courts Shari’a District Courts

Metropolitan Municipal Municipal Municipal Sharia’a

Trial Trial Trial Circuit Circuit
Courts Courts in Courts Trial Courts
Cities Courts
Roles and Functions of the Philippine Judiciary

A. The Supreme Court

The Supreme Court, also known as the court of last resort is the highest court,
composed of a Chief Justice and fourteen (14) Associate Justices. They are all
appointed by the President from a list given by the Integrated Bar of the Philippines
(1987 Philippine Constitution, Article VIII, Section 4).

The following are the functions of the Supreme Court according to the 1987
Constitution, Article VIII, Section 5:
1. Exercise original jurisdiction over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus;
• certiorari – individual action; a writ issued by a superior court
requiring a lower court or a board of officer exercising judicial
function to transmit the records of a case to the higher tribunal for
the purpose of review
• prohibiton – a written order by which a superior court commands a
lower court or a corporation, board, or a person to desist from
further proceedings in action or matter
• mandamus – an order issued by a higher court commanding a lower
court or corporation, board, or a person to perform a certain act,
which is its duty to do and it orders a compliance or performance of
an act
• quo warranto – an action by the government to recover an office or
franchise from an individual or corporation usurping or unlawfully
holding it

LU_Philippine Politics and Governance_Module 8

 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 lower courts in:
a. all cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presedential decree,
proclamation, order, instruction, ordinance, or regulation is in
question
b. all cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto
c. all cases in which the jurisdiction of any lower courts is in issue
d. all cases in which the penalty imposed is reclusion perpetua or
higher
e. 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 assignment 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;
5. Promulgate rules concerning the protection and enforcemennt of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the integrated bar, the legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform to all courts of
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; and
6. Appoint all officials and employees of the Judiciary in accordance with the
Civil Service Law.

Aside from abovementioned functions, Article VIII, Section 6 also provides that
“the Supreme Court shall have administrative supervision over all courts and the
personnel thereof." The Judicial and Bar Council, the Office of the Court
Administrator, the Philippine Judicial Academy, and the Philippine Mediation Center
are under the Supreme Court. The Judicial and Bar Council is created under the
supervision of the Supreme Court, composed of the Chief Justice as ex-officio
Chairman, the Secretary of Justice, and a representative of the Congress as ex-officio
member, a representative of the Integrated Bar, a professor of law, a retired member
of the Supreme Court, and a representative of the private sector (Section 8, Article
VIII). It was stated further in the provision that “the Judicial and Bar Council shall
have principal function of recommending appointees to the Judiciary and it may
exercise such other functions and duties as the Supreme Court may assign to it.”

B. The Court of Appeals

The Court of Appeals is the second highest tribunal or legal court in the country. It
is composed of a presiding officer and sixty-nine (69) associate justices who are
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LU_Philippine Politics and Governance_Module 8

appointed by the president. Generally, Court of Appeals receives, reviews, and
resolves appeals on decisions of Regional Trial Courts, as well as that of the Office of
the Ombudsman in cases wherein one of the parties is not satisfied with the decision.
Court of Appeals also has the power on the issuance of certain legal documents and
orders (Paliwen and Paliwen, 2017).

C. The Court of Tax Appeals

The Court of Tax Appeals is composed of one presiding justice and five associate
justices. It retains exclusive appellate jurisdiction to review by appeal not only civil
tax cases but also those that are criminal in nature (Villanueva, 2017). It focuses on
reviewing and resolving appeals of decisions from the Commissioner of Internal
revenue, Commissioner of Customs, Department of Finance, Department of Trade
and Industry, and other legal courts concerning cases related to tax, tariffs, and other
monetary obligations to the government (Paliwen and Paliwen, 2017).

D. The Sandiganbayan

The Sandiganbayan is a special court that has jurisdiction over civil cases like
graft and corruption and other cases committed by government officials, public
officers and employees and those in government-owned or government-controlled
corporations (Villanueva, 2017).

It has the following mandates:

(a) The Batasang Pambansa shall create a special court, to be known
as Sandiganbayan, which shall have jurisdiction over criminal and
civil cases involving graft and corruption practices and such other
offenses committed by public officers and employees, including
those government-owned or controlled corporations, in relation to
their office as may be determined by law (Section 5, Article XIII,
1973 Constitution); and
(b) The present anti-graft court known as the Sandiganbayan shall
continue to function and exercise its jurisdiction as now or hereafter
maybe provided by law (Section 4, Article XI, 1987 Constitution).

E. The Lower Courts

Ramirez (1969) as mentioned by Paliwen and Paliwen (2017), lower courts such as
City and Municipal Courts have original jurisdiction over cases such as, but not
limited to, violation of municipal ordinances, gambling, assault, estafa to a certain
amount, malicious mischief, trespassing, and illegal possession of firearms.

F. The Shari’a Court

The Shari’a Court has the powers similar to the regular courts but the subjects
over whom judicial powers exercised are limited to Muslim Filipinos (Pangalangan,
2011).

LU_Philippine Politics and Governance_Module 8

The Philippine Judiciary Exercises Political Neutrality and Fairness

Section 15, Article VIII of the 1987 Constitution provided a timetable for the
resolution of the cases brought to the judiciary:

(a) two years for the Supreme Court;

(b) one year for the lower collegiate courts; and (c) three months
for all other lower courts.

In case the issue is not resolved within those periods, a certification signed by
the Chief of Justice or presiding judge stating why the case has not been resolved
shall be issued and served to both parties. Section 15, paragraph 4 further states
that “despite the expiration of the applicable mandatory period, the court, without
prejudice to such responsibility as may have been incurred in consequence thereof,
shall decide or resolve the case or matter submitted thereto for determination,
without further delay.”

Miriam Defensor-Santiago stated that “in order to further maintain objectivity

in the system, the judicial branch sometimes transfer one jufge or even cases from
city to another” (Paliwen and Paliwen , 2017).

LU_Philippine Politics and Governance_Module 8

 Explore

Here are some enrichment activities for you to work on to

master and strengthen the basic concepts that you have learned from this
lesson.

Enrichment Activity 1

Directions: Complete the graphic organizer. Write your answer in a separate sheet
of paper.

The Three Kinds of Courts and their Composition

LU_Philippine Politics and Governance_Module 8

Enrichment Activity 2

Directions: Complete the table by listing down the roles and responsibilities of each
court. Write your answer in a separate sheet of paper.
Roles and Responsibilities
Supreme Court

Court of Appeals

Court of Tax
Appeals

Sandiganbayan

Lower Courts

Shari’a Court

Great job! You have understood the lesson. Are

you ready now to summarize?

LU_Philippine Politics and Governance_Module 8

 Deepen

Activity 1

Directions: Answer the following questions briefly but substantially. Write your
answer in a separate sheet of paper. Your answers will be scored based on the
rubrics below.
Criteria and Missing or Below Meets Excellent
Points Serious Expectations Expectations Work
Assigned Problems
0 1 2 3
Relevance of The essay did Answer is Answer is brief Answer
answer to the not answer the incomplete; with is
question question excessive insufficient complete;
discussion of detail answer
unrelated issue focuses
and/or only on
significant errors issue
in content related
the
question;
factually
correct
Thoroughness None of the Serious gaps in Most of the Deals
of answer relevant the basic details details are fully with
details were needed included but the
included some are entire
missing question
Organization Weak Minor problems Clear and
and logic of organization; of organization of logical
answer sentences logic; needs work presentation;
rambling;ideas on creating transitions are
are repeated transitions made clearly
between ideas and smoothly

10

LU_Philippine Politics and Governance_Module 8

 Mechanics of Awkward Frequent Clear,
writing sentence problems with readable,
(spelling, construction; mechanics of prose; no
punctuation, poor or absentlanguage; problems with
grammar, transitions; occasional spelling,
clarity of prose) frequently awkward punctuation,
difficult to sentences and or grammar
understand poor transitions;
reduce
readability
1. How does the Philippine judiciary exercises political neutrality and fairness?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

2. Why is the expanded judicial system of the Philippines (which comprises regular
courts, special courts, and quasi-judicial agencies) important in the speedy
administration and delivery of justice?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________

3. What is your concept of justice? Does it work in our present legal system? Why
or why not?
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Activity 2

Directions: Guided with the provided rubrics below, cut and paste
newspaper/magazine clippings depicting proof or manifestation that the Philippine
Judiciary is “for truth, no matter who tells and for justice, no matter who it is for or
against.” Explain further the content of the clippings. Use a separate sheet of paper
for your output.
Criteria Poor Quality (1) Good Quality (2) Excellent Quality (3)

Craftmanship Little technical Technically Technically

competency proficient accomplished

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LU_Philippine Politics and Governance_Module 8

 Creativity Does not exhibit Exhibits Exhibits distinct
creative thinking innovative experimentation to
skills and thinking; some enhance creative
innovative thinking visible concepts; strong
skills; no visible connections to the apparent connection
connection to the theme to the theme
theme

Interpretation Poor interpretation Adequate Excellent

of Topic and interpretation and interpretation and
communication of communication of communication of
concepts due to thematic concepts thematic concepts
inappropriate or
inadequate images
or thoughts

Great job! You are almost done with this lesson.

Gauge

Assessment 1
Directions: Analyze each statement below. Write TRUE if it is correct, otherwise
write FALSE if incorrect. Place your answers in a separate sheet of
paper.

1. The judicial system of the Philippines is expanded, it comprises regular

courts, special courts, and quasi-judicial courts.

2. The Sandiganbayan is the second highest court or tribunal in the country.

3. It is important that the judiciary is an independent entity, free from control by

anyone because it reflects the quality of democracy that the country lives up
to.

4. As the one that dispenses justice, the Judiciary must be continuously

reformed to adapt to changing times.

5. The judicial branch never allows transfers of one judge or case from one city
to another.

6. The Chief Justice is appointed solely by the President

7. The jurisdiction of lower courts is limited to cases on the violation of municipal

ordinances, trespassing, gambling, assault and estafa.

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LU_Philippine Politics and Governance_Module 8

 8. The Court of Tax Appeals reviews decisions from the Commissioner of Internal
Revenue, Commissioner of Customs, Department of Finance, and Department
of Trade and Industry.

9. The Supreme Court is also known as the court of last resort.

10. Despite the expiration of the applicable mandatory period, the court shall
decide or resolve the case submitted thereto for determination without further
delay.

Assessment 2
Directions: Identify what is being described in each number. Write your answers in
a separate sheet of paper.

1. The action made by the government to recover an office or franchise from an

individual or corporation
2. Handles graft and corruption cases of government officials

3. Branch of the government that determines the constitutionality of the law

4. Tribunals that have limited jurisdiction over certain cases or controversies

5. Holds the highest position in Philippine Judiciary

6. Power vested in the Supreme Court and other lower courts

7. The highest court in the Philippines

8. Appoints the Chief of the Supreme Court

9. Reviews decisions of the Regional Trial Courts

10. These include city and municipal courts

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LU_Philippine Politics and Governance_Module 8

 Answer Key

References

Printed Materials

Francisco, P. S. and Francisco, V.J. (2016). Introduction to Philippine Politics and

Government. Manila, Philippines: Midshapers Company Incorporated
Pangalangan, R. (2011). The Philippine Judicial System, Asian Law Series, no. 5,
retrieved from http://www.ide.go.jp/English/Publish/Download/Als/05.html.
Paliwen, R.A. and Paliwen, R.M. (2017). Philippine Politics and Governance, First
Edition. Manila, Philippines: Rex Bookstore
Tabajen, R. C. and Pulma, E. B. (2016). Philippine Politics and Governance. Pasay
City, Philippines: JFS Publishing Services
Villanueva, Prince Aian G. (2017). Philippine Politics and Governance, Senior High
School Series. Makati City, Philippines: Diwa Learning Systems Inc.

1987 Philippine Constitution, Article VIII, Section 1

1987 Philippine Constitution, Article VIII, Section 4

1987 Philippine Constitution, Article VIII, Section 8

1987 Philippine Constitution, Article VIII, Section 15

1987 Philippine Constitution, Article XI, Section 4

Website:

https://www.officialgazette.gov.ph/about/gov/judiciary/

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LU_Philippine Politics and Governance_Module 8

 For inquiries or feedback, please write or call:

Department of Education – SDO La Union

Curriculum Implementation Division
Learning Resource Management Section
Flores St. Catbangen, San Fernando City La Union 2500
Telephone: (072) 607 - 8127
Telefax: (072) 205 - 0046 Email
Address:
[email protected] [email protected]

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LU_Philippine Politics and Governance_Module 8