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Philippine Politics and

Governance
Quarter 2 – Module 1
The Judicial Branch

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INTRODUCTION (What I need to know)

You have already learned that the Philippine government is comprised of three branches.
The first two branches namely: executive branch and legislative branch were already discussed
in the previous lesson. Legislative power pertains to the power of Congress to reappear, emend,
propose, and enact laws. On the other hand, executive power pertains to the power of the
President to implement the laws that were made by the legislative. What is the role then of the
judiciary? This section deals with the third branch of the government— the judiciary. In
addressing the question raised above, the judiciary exercises what is called its judicial power.

(MELC) Most Essential Learning Competency

Analyze the roles and responsibilities of the Philippine Judiciary

After reading this module, you will be able to:

a) explain the roles and responsibilities of the Philippine judiciary;
b) express how the judiciary exercises political neutrality and fairness;
c) observe issues in the justice system and the value of reforms in the judicial branch.

DISCUSSION AND ACTIVITIES (What is it)

The Judicial Branch

The judicial branch interprets the meaning of laws, applies laws to individual cases, and
decides if laws violate the Constitution. The judicial power shall be vested in one Supreme Court
and in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and 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. The judicial branch interprets the meaning
of laws, applies laws to individual cases, and decides if laws violate the Constitution.

POWERS OF THE JUDICIARY:

JUDICIAL POWER – duty of courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable and 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 government.
ADJUDICATING POWER – The power to settle disputes
INCIDENTAL POWERS – Powers necessary for the discharge of the judicial function (Tabajen
and Pulma 2016).

Judicial power is vested in:

1. One Supreme Court; and
2. Such lower courts as may be established by law.

Jurisdiction - power to hear and decide a case and execute decision thereof.

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APPOINTMENT TO THE JUDICIARY
A. Qualification
a. Chief Justice and Associate Justices of the Supreme Court:
1. Natural-born citizen;
2. At least 40 years old;
3. 15 years or more a judge of a lower court or engaged in the practice of law in the
Philippines;
4. A person of proven competence, integrity, probity and independence.
b. Presiding Justice and Associate Justices of the Court of Appeals:
 Same qualifications as those provided for Justice of the Supreme Court;
c. Regional Trial Court Judges:
1. Citizen of the Philippines;
2. At least 35 years old; and
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 an
indispensable requisite.
4. a person of proven competence, integrity, probity and independence.
d. Metropolitan, Municipal and Municipal Circuit Trial Court Judges:
1. Citizen of the Philippines;
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 an
indispensable requisite;
4. A person of proven competence, integrity, probity and independence.

B. Procedure in Appointment
1. Appointed by President from among a list of at least 3 nominees prepared by Judicial and
Bar Council for every vacancy.
2. For lower courts, President shall issue the appointment 90 days from submission of the list.

C. Tenure of Justices and Judges

a. Supreme Court – hold office until they reach 70 years of age or become incapacitated to
discharge their duties.
 May be removed only through impeachment.
a. Lower Courts – hold office during good behavior until they reach 70 years of age or become
incapacitated to discharge their duties.
 By majority vote of members who actually took part in the deliberation on the issues and
voted thereon, SC en banc shall have the power to discipline judges of lower courts or
order their dismissal.
 No law shall be passed reorganizing the Judiciary when it undermines the security of
tenure of its members

JUDICIAL AND BAR COUNCIL

A. Composition

1. Ex-officio chairman
a. Supreme Court Chief Justice
2. Ex-officio members
a. Secretary of Justice
b. Representative of Congress
3. Regular members
a. Representative of the IBP;
b. Professor of Law;
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 c. Retired member of SC; and
d. Representative of private sector
4. Secretary de officio
a. Clerk of the Supreme Court

B. Appointment
 Regular members shall be appointed by the President for a 4 year term with the consent of
the Commission on Appointments.

C. Powers and Functions of Judicial and Bar Council:

1. Recommend appointees to the judiciary;
2. Recommend appointees to the Office of the Ombudsman and his 5 deputies;
3. May exercise such other functions as may be assigned by Supreme Court.

SUPREME COURT
Composition
 Chief Justice and 14 Associate Justices
-may sit en banc or in its discretion, in divisions of 3, 5, or 7 members.
a. Any vacancy shall be filled within 90 days from occurrence thereof

POWER OF JUDICIAL REVIEW

Judicial Review – the power of the courts to test the validity of executive and legislative acts in
light of their conformity with the Constitution. This is not an assertion of superiority by the
courts over the other departments, but merely an expression of the supremacy of the
Constitution.

Judicial Power includes:

1. duty of courts to settle actual controversies involving rights which are legally demandable
and enforceable; and
2. to determine whether or not there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on part of any branch or instrumentality of government.
Functions of Judicial Review
1. checking– invalidating a law or executive act that is found to be contrary to the Constitution;
2. legitimating– upholding the validity of the law that results from a mere dismissal of a case
challenging the validity of the law;
Rule on double negative – uses the term “not unconstitutional”; the court cannot declare a
law constitutional because it already enjoys a presumption of constitutionality.
3. symbolic– to educate the bench and bar as to the controlling principles and concepts on
matters of grave public importance for the guidance of and restraint upon the future.

Period for Decision (Sec. 15, Art. VIII)

 All cases filed after the affectivity of the Constitution must be decided or resolved, from the
date of submission, within:
a. SC – 24 months
b. Lower Collegiate Courts - 12 months, unless period is reduced by SC;
c. All other lower courts – 3 months unless period is reduced by SC

Effect of Declaration of Unconstitutionality

void – if on its face it does not enjoy any presumption of validity because it is patently
offensive to the Constitution. It produces not effect, creates no office and imposes no duty.

voidable – if on its face it enjoys the presumption of constitutionality. The law becomes
inoperative only upon the judicial declaration of its invalidity; the declaration produces no
retroactive effect.
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Problems and Issues in the justice system

There are quite a number of issues and problems that plagues the justice system, thus
hindering the poor and disadvantaged access to justice. There are several factors that may be
said to greatly affect people’s access to justice. These are the financial aspect, attitudes of the
people toward the justice system, and the inability of the justice system to provide effective
dispensation of justice. Furthermore, access to justice is also limited by political, geographic or
linguistic factors. Justice systems that are incomprehensible, remote, unaffordable, delayed and
unfair, effectively deny legal protection to ordinary people.

Supreme Court

Court of Tax
Court of Appeals Sandiganbayan
Appeals

Regional Trial Shari'a District

Courts Courts

Metropolitan Municipal Trial Municipal Trial Municipal Circuit Shari'a Circuit

Trial Courts Courts in Cities Courts Trial Courts Courts

Fig. 1 The organization of courts

Source: http://www.gov.ph/about/gov/judiciary/

Reforms
1. The judiciary under the leadership of Chief Justice HilarioDavide Jr. came up with the
Action Program for Judicial Reform (APJR). It is a comprehensive program for the
judiciary with the purpose of making the judiciary work more efficiently and effectively.
2. In order to ease the increasing number of backlogs of cases in the courts, the Supreme
Court came up with a project called “Justice on Wheels”. It was patterned from the
Guatemalan Mobile Court System. The Mobile Court was initially assigned to hear cases
involving juveniles in conflict with the law. The main purpose was to hear cases involving
juveniles who wanted to plead guilty, or who wanted to be diverted or released .the aim is
to reduce case backlogs.
3. Alternative Dispute Resolution (ADR) system. Republic Act No. 9285 institutionalized
the use of an alternative dispute resolution system, which serves to promote the speedy
and impartial administration of justice and unclog the court dockets.  This act shall be
without prejudice to the adoption of the Supreme Court of any ADR system such as
mediation, conciliation, arbitration or any combination thereof.
4. In addition, there are also reforms initiated by the judiciary to make Supreme Court
decisions to be easily understood by ordinary people. In order to break the language
barrier that inhibits people to participate or pursue litigations, the Supreme Court plans
to translate its landmark decisions into Filipino and other major dialects.

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Activity 1. What is Missing?
Directions: Fill each blank with the correct answer from the given choices in the box. Write your
answer on your answer sheet.

35 years old 40 years old Philippine Bar Adjudicating Power

Sandiganbayan Supreme Court Eighteen (18) Fourteen (14)
Ombudsman Natural born citizen Court of Tax Appeal Power of Judicial Review
Diosdado Peralta Incidental Powers Renato Corona

1. The is the highest court in the land, the final arbiter of

controversies and disputes brought by the parties to the courts of law.
2. The Supreme Court is composed of 1 Chief Justice and Associate Justices.
3. Justices of the Supreme Court must be at least .
4. Justices of the Supreme Court must be a of the Philippines.
5. refers to the power of the Supreme Court to interpret and make
judgments with respect to the law.
6. The power to settle legal dispute is called .
7. Judges of the Lower Courts must be a member of the
8. investigates cases of graft and corruption, otherwise known as
Tanod-bayan.
9. decides cases involving graft and corruption by government employees
10. has exclusive jurisdiction over tax
appealed by private citizens and commercial firms who protect the amount of taxes
imposed.

Activity 2. Let Me Know

Directions: Interpret the picture and answer in two or three sentences the questions below.
Write your answer on your answer sheet and use the rubrics as your guide. (5pts. each)

https://www.pxfuel.com/en/free-photo-oahjb

1. What are the two symbolisms that are evident in the sculpture? What do they
represent?
_____________________________________________________________________________________
_____________________________________________________________________________________
______________________________ .

2. How do these symbols illustrate the meaning of “equal justice and law”?
_____________________________________________________________________________________
_____________________________________________________________________________________
______________________________ .
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 Rubrics:
Criteria 5 4 3 2 1 Score
Concept and Brilliant Most ideas Some ideas Very limited Ideas are
Content ideas are are good; are brilliant; ideas are vague and
evident; with with good, with has no
with example example example example.
example
Organizatio All ideas are Most ideas Some ideas Very limited Ideas are
n logically are logically are logically ideas are totally
arranged arranged arranged logically scattered
arranged

Activity 3: Is My Society Unjust?

Directions: Read and analyze each question below and explain your answers in two to three
sentences. Write your answer on your answer sheet.

1. Give at least three (3) examples of injustices that you have experienced or have seen
firsthand in your own community.
________________________________________________________________________
__________________________________.

2. How do you feel about the people who have been deprived of justice?
_____________________________________________________________________________________
________________________.
Rubrics:
Criteria 5 4 3 2 1 Score
Concept and Brilliant Most ideas Some ideas Very limited Ideas are
Content ideas are are good; are brilliant; ideas are vague and
evident; with with good, with has no
with example example example example.
example
Organizatio All ideas are Most ideas Some ideas Very limited Ideas are
n logically are logically are logically ideas are totally
arranged arranged arranged logically scattered
arranged

ASSESSMENT
I. Directions. Choose the best answer for each of the statement below and write your
answer on your answer sheet.

_____1. The branch of the government which applies and interprets laws.
a. Executive Branch c. Judicial Branch
b. Legislative Branch d. None of the options
_____2. It is a special judicial body created by the constitution whose main function is to
screen and recommend appointments to the judiciary.
a. Ombudman c. Judicial and Bar Council
b. Sandiganbayan d. Supreme Court
_____3. What is the composition of the Supreme Court?
a. Chief Justice and 14 Associate Justices
b. Chief Justice and 12 Associate Justices
c. Chief Justice and 10 Associate Justices

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 d. Chief Justice and 16 Associate Justices
_____4. As a general rule, the members of the Supreme Court and judges of the lower
courts hold office during good behavior until they reach the age of__
a. 60 years c. 50 years
b. 70 years d. 65 years
_____5. The head of the Judiciary is called as the ____________.
a. Associate Justice c. Judge
b. Chief Justice d. Senate Judge

II. Directions: Create a SLOGAN that will establish how the judiciary system
exercises political neutrality and fairness in relation to gender awareness. Write
your answer on your answer sheet.

Theme: “Political neutrality in men and women”

RUBRICS for the SLOGAN

Relevance to the Topic : 10 pts.

Creativity : 5 pts.
Neatness : 5 pts.
TOTAL : 20 pts.

III. Directions: Write at least five (5) verses of poem expressing your thoughts and
feelings towards Philippine judiciary system. Write your answer on your answer
sheet.

RUBRICS for the Poem

Word of Choice: 10 pts.

Organization : 5 pts.
Relevance to the topic: 5 pts.
TOTAL : 20 pts.
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 ANSWER KEY OF ACTIVITIES

REFERENCES

Pawilen, R.A. and Pawilen, R.M. (2017).Philippine Politics and Governance. Rex Bookstore Inc.

Tabajen, R. and Pulma, E. (2016). Philippine Politics and Governance.JFS Publishing Services

Mendoza, Diana J. et al. (2016). Politics Without Borders. Phoenix Publishing House Inc.

Lazo, R.S. (2009). Philippine Government and the 1987 Consitution. Rex Bookstore Inc.

Villanueva, Prince Aian G. (2017). Philippine Politics and Governance.Diwa Learning Systems Inc.

Department of Education – Philippines (2016) K to 12 Senior High School Curriculum Guide.Philippine

Politics and Governance.

Department of Education – Philippines (2020) Most Essential Learning Competencies.Philippine Politics

and Governance.

http://www.ombudsman.gov.ph/UNDP4/wpcontent/uploads/2013/01/Primer_Access_to_justice.pdf

https://www.pinterest.com.au/pin/842102830297017408/

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

http://www.gov.ph/about/gov/judiciary/

DIVISION QUALITY ASSURANCE MANAGEMENT TEAM IN HUMSS

WRITERS: DIANA VIE F. FALGUI

SANDRA MAE D. CALPITO
VALIDATORS:
DR. MARILEX A. TERCIAS DR. EUGENE M. TORALBA
DR. ALBERTO O. RABANG DR. VIRGINIA B. FREGILLANA
JEANNEROSE M. ACOSTA ZOSIMA IRENE H. FERNANDEZ
MA. JOCELYN J. SOTONG DANILO T. SIBLAG
VICTOR B. ABAN JAMELIE M. CRISPINO
ANSWER KEY OF ASSESSMENT
CONSULTANTS:
DR. DANILO C. SISON DR. TEODORA V. NABOR
I. DR. CORNELIO R. AQUINO DR. JEROME S. PARAS
1. C DR. MAYBELENE C. BAUTISTA
2. C
3. A

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 4. B
5. B

II. and III. Answers may vary

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