JUDICIAL BRANCH

Group 1
 WHAT IS JUDICIAL POWER ?
Judicial power is vested in the Supreme Court and other lower
courts. involves the duty to sette actual controversies
involving, rights, which are legally demandable and
enforceable (Castañeda, et al, 2010).

For (Martin 1960), it is the power to apply the laws to contests

or disputes concerning legally recognized rights or duties
between the State and a private person, or between individual
litigants, in cases properly brought before the judicial
tribunals this includes the power to ascertain what are the
valid ang binding laws of the state so as to and interpret and
construe them.
 COMPOSITION OF THE SUPREME COURT
It is composed of 15 members, 1 Chief Justice and 14 Associate Justices
(Section 4 (1), Article VII), They are appointed by the President upon the
recommendation by the Judicial and Bar Council which will submit 3
nominees to the President. The appointment of the Members of the
Supreme Court is not subject for confirmation by the Commission on
Appointments.
Chief Justice Alexander G. Gesmundo
Alexander Gahon Gesmundo (born November 6, 1956)
is serving as the chief justice of the Philippines since
April 5, 2021. He replaced Diosdado Peralta, who
retired early on March 27, 2021. He previously served
as an associate justice of the Supreme Court from
2017 to 2021.
QUALIFICATIONS FOR MEMBERS OF THE JUDICIARY
The qualifications are both Constitutional and Statutory. The Constitution
provides for the qualifications however, the Congress may add additional
standards of qualification through a legislative strategy (Castañeda, et al,
2010),

A. Members of the Supreme Court

Natural-born citizen
At least 40 years old
A judge of lower court or engages in the
practice of law in the Philippines for at
least 15 years
QUALIFICATIONS FOR MEMBERS OF THE JUDICIARY
The qualifications are both Constitutional and Statutory. The Constitution
provides for the qualifications however, the Congress may add additional
standards of qualification through a legislative strategy (Castañeda, et al,
2010),

B. Members of the Lower Collegiate Court. These compose the Court of

Appeals, Court of Tax Appeals and the Sandiganbayan.
Natural-born citizen
Member of the Philippine Bar
Congress may prescribe other
qualifications
QUALIFICATIONS FOR MEMBERS OF THE JUDICIARY
The qualifications are both Constitutional and Statutory. The Constitution
provides for the qualifications however, the Congress may add additional
standards of qualification through a legislative strategy (Castañeda, et al,
2010),

C. Members of the Lower Courts. This includes the Regional Trial Courts
(RTCs), Municipal Trial Courts (MTCs), Metropolitan Trial Courts
(MeTc), Municipal Circuit Trial Courts (MCTCs).

Citizen of the Philippines (either naturalized or

natural-born)
Member of the Philippine Bar
Congress may prescribe other qualifications
QUALIFICATIONS FOR MEMBERS OF THE JUDICIARY
The Shari'a District Courts are courts of limited
jurisdiction. Cases within the sole jurisdiction of the
shari'a court chiefly refer to family duties and
responsibilities as well as contractual relation of
Filipino Muslim in the southern provinces.
Furthermore, the members of the Supreme Court,
Lower Collegiate Courts and Lower Courts must be
persons of proven competence, integrity, probity and
independence.
 THE JUDICIAL AND BAR COUNCIL (JBC)
The JBC is a significant innovation introduced by the 1987
Philippine Constitution, the primary purpose of which is to
recommend appointees to the Judiciary.

Composition of the JBC

The following are members of the Judicial and Bar Council:
1. Chief Justice (Ex-officio chair)
2. Secretary of Justice
3. Representatives of Congress
4. Representative of the Integrated Bar of the Philippines
5. Professor of Law
6. Private Sector Representative
7. Clerk of the Supreme Court (Secretary)
 PERIODS OF DECISION
All cases or matters filed must be decided
or resolved within twenty-four (24)
months from the date of submission for the
Supreme Court, and unless reduced by the
Supreme Court, twelve (12) months for all
lower collegiate courts, and three months
for all other lower courts (Castañeda, et
al, 2010).
 QUASI-JUDICIAL AGENCIES
These are not strictly speaking part of the judicial part of the
government. They are however authorized by law to hear and
decide certain kinds of cases. Each agency is having different
nature (Lim, 2010).
→ Commission on Elections (COMELEC)
→ Civil Service Commission (CSC)
→ Commission on Audit (COA)
→ National Labor Relations Commission (NLRC)
→ Securities and Exchange Commission (SEC)
→ Land Registration Authority (LRA)
→ Social Security Commission
→ Office of the President
→ Civil Aeronautics Board (CAB)
→ Central Board of Assessments Appeal
→ Bureau of Patents, Trademark and Technology Transfer
→ National Electrification Commission (NEC)
→ Energy Regulatory Commission (ERC)
→ Board of Investments (BOI)
→ Philippine Atomic Energy Commission
→ Department of Justice
→ Office of the Ombudsman
→ Movie and Television Review and Classification Board (MTRCB)
→ Professional Regulatory Commission (PRC)
Powers and Jurisdiction of the Supreme Court

A. Original Jurisdiction
This refers to the Supreme Court's authority to be the first to
hear a case This includes cases:

a. Affecting ambassadors, public ministers and consults

b. Petitions for certiorari, prohibition, mandamus, quo

warranto and habeas corpus
 Powers and Jurisdiction of the Supreme Court
B. Appellate Jurisdiction
This refers to the Supreme Court's authority to review, revise, revise, modify or
affirm final judgments rendered by the lower courts. This includes cases affecting:

a. The constitutionality or validity of any treaty, international or executive

agreement, law, presidential decree, proclamation, order, instruction, ordinance or
regulation.
b. The legality of any tax imposed, assessment, toll or any penalty imposed in
relation thereto.
c. The jurisdiction of any lower courts.
d. Criminal cases in which the penalty imposed is reclusion perpetua or higher.
e. Error or question of law is involved.
 Powers and Jurisdiction of the Supreme Court
C. Temporary Assignment of Judges of the Lower Courts
As public interest may require, the Supreme Court possesses the
power to assign temporarily judges of the lower courts to other
stations. Such temporary assignment shall not exceed six (6)
months without consent of the judge concerned.

D. Order to Change the Venue of Trial

The Supreme Court has the power to order a change of venue or
place of trial to avoid miscarriage of justice.
 Powers and Jurisdiction of the Supreme Court
E. Rule-Making Power
The Supreme Court has the authority to promulgate rules
concerning the protection and enforcement of constitutional
rights, pleadings, practice and procedure in all courts.

F. Appoint Officials and Employees

This power of appointments of officials and employees of the
Supreme Court should be in accordance with the Civil Service Law.

G. Administrative supervision over courts and personnel