Senior High School

11
Philippine Politics and
Governance
Second Quarter – Module 8:
Judiciary
Department of Education • Republic of the Philippines
11
Philippine Politics and Governance
Second Quarter – Module 8: Judiciary
First Edition, 2020

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 Senior High School

11
Philippine Politics and
Governance
Second Quarter – Module 8:
Judiciary

This instructional material was collaboratively developed and reviewed

by educators from public and private schools, colleges, and or/universities. We
encourage teachers and other education stakeholders to email their feedback,
comments, and recommendations to the Department of Education at
[email protected].

We value your feedback and recommendations.

Department of Education • Republic of the Philippines

Introductory Message
The Alternative Delivery Mode (ADM) module for Philippine Politics and
Governance has been designed to provide simplified, convenient and accessible to all
types of learners, especially those who has inability to attend regular class due to
personal family conflicts as well as for formal school. The content of the module has
been validated by evaluators to ensure its alignment to the curriculum designed by the
Department of Education for Senior High School.

Moreover, the topics activities were designed interestingly and comprehensively

to enhance learning ability for assessment of learning. There are formative and
summative activities including the answer keys which can be seen at the last page of
the module.

Educators are encouraged to use the module as supplement and intervention

for learners.

What I Need to Know

This module was designed and written with you in mind. It is here to help you
master the nature of the roles and responsibilities of the Philippine Judiciary. The
scope of this module permits it to be used in many different learning situations. The
language used recognizes the diverse vocabulary level of students. The lessons are
arranged to follow the standard sequence of the course. But the order in which you
read them can be changed to correspond with the textbook you are now using.

The module is divided into three lessons, namely:

 Lesson 1 – Qualifications and the Term of Office for the Judiciary
 Lesson 2 – Understand the different types of courts
 Lesson 3 – Duties of the Judiciary
After going through this module, you are expected to:
1. identify the qualifications for the aspiring members of the Judiciary;
2. examine the duties and responsibilities of the Judiciary; and
3. understand the different types of courts.
 What I Know

Directions: Identify what is being asked in every item. Write your answer on the space
provided before each number.

__________1. The highest court in the Philippines

__________2. How many members in court en banc?

__________3. What is the maximum rendition of decision for Supreme Court?

__________4. What is the retiring age for a judge of court?

__________5. How many years of experience are required to apply for a regional court
judge?

__________6. Where is the Supreme Court of the Philippines located?

__________7. What age requirement is required to be able to apply as an Associate

Judge in the Supreme Court?

__________8. What is the composition of Supreme Court justices?

__________9. Is Supreme Court an example of Constitutional court?

_________10. What is the judiciary body in charge of selecting new members for the
Supreme Court?
 Lesson

8 Judiciary

Under Section 1 of the Article

VIII of the 1987 Constitution,
Judicial Department, “The judicial
power shall be vested in one
Supreme Court and in such lower
courts as may be established by
law”.

What’s In

In the previous lesson, you learned the functions and the composition of the
Legislative branch of the Philippine Government.

What’s New

Activity 1: President to be
Directions: List down the duties and functions of the Judicial branch of the Philippine
government.
Activity 2: True or False
Direction: Write TRUE if the statement is correct and FALSE if the statement is wrong

1. Supreme Court is NOT the highest court in the country

2. There is certain time allotted for the rendition of decisions in each court in the
Philippines.
3. Judges in court can hold office until 85 years of age.
4. Sitting en banc for each case increase the capacity for disposing it.
5. Regional Trial Court is the second highest court in the country

Activity 3: Power Up
Direction: Examine the following items if it is a power vested to the Judiciary body of
the Philippines under the 1987 Constitution, Write POWER if you think this is a power
of the Judiciary

1. Adjudicatory
2. Decision
3. Budget
4. Legislate laws
5. Appellate

What is It

Article VIII of the 1987 Constitution: JUDICIAL DEPARTMENT

Section 1: Judicial power
Scope of judicial power
1. Adjudicatory, settle actual controversies involving rights which are legally demandable
and enforceable. To determine whether there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch of instrumentality
of the government.
2. Power of judicial review, upon validity or constitutionality of the laws of the State and
the acts of the other departments of the government, to interpret them, and to render
binding judgments
3. Incidental power, are necessary to the effective discharge of judicial functions such as
power to punish persons adjudged in contempt

Classification of courts
1. Constitutional court, the Supreme Court is a constitutional court in the sense of being a
creation of the constitution
2. Statutory courts, all other courts including Sandiganbayan are statutory courts in the
sense they are creation of law. They are referred to lower courts in the Constitution
meaning courts below that of the Supreme Court

Organization of Judiciary
 1. Regular courts (Court of Appeals, Regional Trial Court, Metropolitan Trial Court,
Municipal Trial Court, Municipal circuit Trial Court)
2. Special courts (Court of Tax Appeals, Sandiganbayan, Sharia District Court and Sharia
Circuit Courts)
3. Quasi-Judicial agencies (National Labor Relation Commission, Securities and
Exchange Commission, Employees and Compensation Commission, Insurance
Commission)

Section 2: Jurisdiction of courts

Jurisdiction
1. General, empowered to decide all disputes which may come before it except those
assigned to other court
2. Limited, when it has the authority to hear and determine only a few specified cases
3. Original, can try and decide a case presented for the first time
4. Appellate, can take a case already heard and decide by a lower court removed from the
latter by appeal
5. Exclusive, can try and decide a case which cannot be presented before any court
6. Concurrent, any one of two or more courts may take cognizance of a case
7. Criminal, exist for punishment of crime
8. Civil, exist when the subject matter is not of a criminal nature

Section 3: Fiscal Autonomy

 Appropriation may not be reduced as provided but they may be increased
 After approval of appropriation shall be automatically and regularly released, thus
making is financially independent without having to plead the president or budget
officials for their release

Section 4: Composition of Supreme Court

 Consist of 15 members including Chief Justice
 If there is vacancy, must be filled within 90 days

En Banc (On Body or as a Whole)

 Whether or not it will sit en banc or in divisions with three, five, seven member
 Sitting in divisions will increase its capacity in disposing cases pending before it
 Cases like Constitutionality or treaty, international or executive agreement, or law, and
all other cases which under the Rules of Court are required to heard en banc

Sections 5-6: Powers of Supreme Court

1. Original jurisdiction, diplomatic representatives are immune and are not subject to the
jurisdiction of the court
a. Cases affecting ambassadors, public ministers and consuls
b. Petitions for Certiorari, Prohibition, Mandamus, Quo Warranto, Habeas Corpus
c. Review factual basis for the declaration of martial law or suspension of the writ of
habeas corpus

Certiorari, order from superior court to lower court to transmit records of a case

Prohibition, commanding a lower court, board or person acting without his jurisdiction or abuse
of discretion

Mandamus, issued by Supreme Court commanding lower court to perform certain act which it
is or his duty to do
Quo warranto action by government to recover an office or franchise from an individual or
corporation usurping or unlawfully holding it

Privileges and Prerogatives of a Diplomat:

a. Inviolability
b. Exemption from criminal and civil jurisdiction
c. Immunity of residence from local jurisdiction
d. Jurisdiction within his residence
e. Presidential, ceremonial prerogatives according to rank

Privilege and Prerogatives of Consular Office

a. Inviolability of office and archive
b. Immunity from military service and burden
c. Exempt from arrest except from criminal charge
d. Exempted from taxation if solely engaged in consular business
e. Exemption from witness duty
f. Placing of arms of their State above the outer door and flying of national flag above the
consulate or above the vessel when engaged in the discharge of official port duty
2. Appellate Jurisdiction
3. Temporary assignment of Judges, can assigned judges to inferior courts to avoid
miscarrying public interest
4. Changes in the place of trial
5. Rule-making power

Power of Judicial Review

 Duty of courts to settle actual controversies involving rights which are legally
demandable and enforceable
 To determine whether there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch of instrumentality of the government

Section 7: Qualifications
Supreme Court, Presiding Justice, Associate Justice of Court of Appeals:
1. Natural-born citizen
2. At least 40 years old
3. Has been engaged for at least 15 years or more as a judge of lower court or engaged
in the practice of law in the Philippines

Regional Trial Court:

1. Natural-born citizen
2. At least 35 years old
3. Has been engaged for at least 10 years in the practice of law in the Philippines or has
held public office in the Philippines requiring admission to the practice of law as a
indispensable requisite

Metropolitan, Municipal and Municipal Circuit Trial Court:

1. Natural-born citizen
2. At least 30 years old
 3. Has been engaged for at least 5 years in the practice of law in the Philippines or has
held public office in the Philippines requiring admission to the practice of law as a
indispensable requisite

Section 8: Judicial Bar Council

 Screens the nomination and appointments to the judiciary supervised by the SC
 Composed of Chief Justice as ex-officio chair and Secretary of Department of Justice
and a representative of Congress as ex-officio members
 Other members are a representative from the Integrated Bar of the Philippines,
professor of law, retired member of Supreme Court, representative for private sector
 Need no confirmation by the Commission on Appointments

Section 9: Members of Judiciary Appointment

 Aimed at shielding from partisan political influences
 Ensure only the competent ones are selected to constitute the forces that run our
justice system
 Facilitate the process of filling up vacant items to avoid disruption of operation of the
courts
 Justices of the SC are appointed by the President from a list of three nominees
prepared by the Judicial Bar Council

Section 10: Salaries

 Determined by law
 Diminution of their salaries during their tenure are prohibited
 There is nothing in the Constitution which prohibits the legislature from increasing their
salaries
 Not exempted from taxation and taxes imposed on their salaries are contemplated and
prohibited in the constitution
 Chief Justice 240k, Associate Justice 204k

Section 11: Tenure of Justice and Judges

Supreme Court:
 Can hold office during good behavior until 70 years old
 Become incapacitated to discharge their duties
 May be removed only through impeachment

Lower Court:
 Same tenure in the SC
 SC en banc shall have the power to discipline judges of lower courts or order their
dismissal
 No law passed reorganizing the Judiciary when it determines the security if tenure of its
members

Section 12: Designation to any agency performing quasi-judicial or administrative functions

 Present Constitution prohibits designation by the President to any members of
Supreme Court
 It violates the doctrine of separation of powers between the judicial and executive
branches of government
 May compromise the independence of the members in the performance of their judicial
function
  With so many cases pending in courts, the practice will result in further delay in their
disposition

Section 13: Conclusion of the SC in any case submitted for decision

 Any member of SC or lower collegiate court who took no part, or dissented or abstained
from a decision shall state their reasons for non-participation, dissent or abstention
 Recognition of the value of such opinions
 No guarantee that the decision reached by the majority is correct and just in all cases

Section 14: Decision

 Judgment rendered by a court of justice or other competent tribunal after the
presentation of the respective positions of the parties
 Clearly and distinctly state the facts and the law on which it is based
 Makes clear why either party prevailed under the law applicable to the facts established
 In respect to the review for motions for reconsideration, it its sufficient for the court to
state only the legal basis for its refusal to give them due course for their denial to save
time for the court

Section 15: Maximum period for Rendition of Decisions

 Supreme Court within 24 months
 Court of Appeals and other appellate courts within 12 months unless reduced by SC
 Lower courts within 3 months unless reduced by SC

Section16: Submission of annual report

 Required to submit annual report on operations and activities of the judiciary to the
President
 May be guided in proposing or in the enactment of legislation affecting the courts and
the administration of justice

What’s More

Activity 4: Summary
Direction: Summarize what you have learned in this lesson in three to five sentences. Provide
additional two or three sentences for your reflection or opinion on the power and function of the
executive branch of the government
 What I Have Learned

 The Judicial branch was vested to the Supreme Court and other lower courts
established by Law
 There are different types of courts starting from the Supreme Court up to the Municipal
Circuit Trial Court
 A judge can hold office until 70 years old
 Each court has a maximum time to render a decision on a certain case
 In respect to the review for motions for reconsideration, it its sufficient for the court to
state only the legal basis for its refusal to give them due course for their denial to save
time for the court

What I Can Do

Activity 5: Pledge of Commitment

_____________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
______________________________________________________________

Assessment

Multiple Choice. Choose the letter of the best answer. Write the chosen letter before the
number.
1. Which is NOT a qualification for Associate Justice in Supreme Court?
a. 25 years old
b. Able to read and right
c. Natural-born citizen
d. 15 years experience as lawyer or judge of Regional Trial Court
2. The maximum time for Supreme Court to render a decision is within ______?
a. 12 months
b. 24 months
c. 36 months
d. 48 months
3. In respect to the review for motions for reconsideration, it is sufficient for the court to
state only the legal basis for its refusal to give them due course for their denial to save
time for the court. Is the statement correct?
a. Yes
 b. No
c. Maybe
d. Undecided

4. Which of the following is an example of Constitutional court?

a. Court of Tax Appeals
b. Sharia Court
c. Sandiganbayan
d. Supreme Court

5. The only body that can select a new member as Associate Justice in the Supreme
Court
a. Technical Working Group
b. Judicial Bar Council
c. Integrated Bar of the Philippines
d. League of Chairman’s

Additional Activities

Direction: Cite at least five things that made her a notable person in Philippine politics

https://commons.wikimedia.org/wiki/
File:Miriam_beams_as_she_attends_a_wedding_as_a_sponsor.JPG

Answer Key

True or False Assessment:

1. False 1. A
2. True 2. B
3. False 3. A
4. True 4. D
5. True 5. B
Nael, M. & Rivas, D. (2010), Politics, Governance and the Philippine Constitution, Rex
book store

https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-
philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-viii/
https://law.jrank.org › pages/22731/ Judicial-Powers-Judicial-Branch