ROLES AND OBLIGATIONS OF THE

PHILIPPINE JUDICIARY
The Philippine Judiciary
• It is the system of courts that interprets and applies the
law in the name of the state.
• Also provides a mechanism for the resolution of
disputes.
• Under the doctrine of the separation of powers, the
judiciary generally does not make law, but rather
interprets law and applies it to the facts of each case.
This branch of the state is often tasked with ensuring
equal justice under law. It usually consists of a court of
final appeal called the "Supreme court”.
Roles and Responsibilities of the Judiciary
• Its duty is to settle actual controversies involving
rights which are legally demandable and enforceable
(Art. VIII Sec. 1 (2).
• Also, to check balances between the 3 branches of
the Philippine legal system. It oversees and make
sure that none of he the 3 branches overlaps each
other.
• Most especially, its duty is to check a law passed by
the congress or senate if it is constitutional or not.
The Heirarchy of courts
• The 1987 Constitution provides that “The judicial power
shall be vested in one Supreme Court and in such lower
courts as may be established by law.” As the highest court
of the land, the Supreme Court (SC) has the last word on
what the law is, and its decisions applying or interpreting
the Constitution and laws form part of this country’s legal
system. What the SC says then is definitive and
authoritative, binding on those occupying the lower ranks in
the judicial heirarchy. All courts of the land must speak with
one voice to assure stability in legal relations and avoid
confusion. “They have to defer and to submit.”
TYPES OF COURTS IN THE PHILLIPPINES
1. SUPREME COURT
- It is the highest court in the Philippines. It
has an administrative supervision over all
courts and the personnel.
- The court consists of 14 associate
justices and 1 Chief Justice.
- Its powers are defined in Article VIII of the
1987 Constitution.
 These functions may be generally divided into two –
judicial functions and administrative functions
• The administrative functions of the Court pertain to the
supervision and control over the Philippine judiciary and
its employees, as well as over members of the Philippine
bar.
• The Court is further authorized to promulgate the rules
for admission to the practice of law, for legal assistance to
the underprivileged, and the procedural rules to be
observed in all courts.
Composition of Supreme Court
• The Supreme Court is composed of the
Chief Justice of Ireland, who is President
of the Court, and nine ordinary Judges. In
addition the President of the Court of
Appeal is ex officio a member of the
Supreme Court. The President of the High
Court is also an ex officio member of the
Supreme Court.
• The Court usually sits with a composition of three or five
Judges and, exceptionally, seven Judges. When hearing cases
concerning the constitutional validity of an Act of the Oireachtas
(parliament) the Constitution requires that the Court consists of
a minimum of five Judges. This requirement also applies when
the Court is requested to give an opinion on the constitutional
validity of a Bill adopted by the Oireachtas when referred to it
by the President of Ireland under Article 26 of the Constitution.
A minimum of five Judges is also required should the Court
have to determine, pursuant to Article 12 of the Constitution,
whether the President has become permanently incapacitated.
• Order of Precedence among the Judges
The Courts of Justice Act 1924, as amended, provides for the
order of precedence between judges of the Supreme Court as
follows:
(1)The Chief Justice;
(2)The President of the Court of Appeal;
(3)The President of the High Court
(4)The Judges of the Supreme Court who are former Chief
Justice each according to priority of his or her appointment as
Chief Justice;
(5) the other Judges of the Supreme Court each according to
priority of appointment as an ordinary Judge of the Supreme
• (5) the Judges of the Court of Appeal who are ex officio
Judges of the Supreme Court (being former Presidents
of the Court of Appeal or of the High Court) each
according to priority of his or her appointment as
President of the Court of Appeal or of the High Court
respectively;
• (6)the Judges of the High Court who are ex officio
Judges of the Supreme Court (being former Presidents
of the High Court), each according to priority of his or
her appointment as President of the High Court.
• The Supreme Court is the highest tribunal in the
Philippines. It consists of the Chief Justice and 14
Associate Justices, appointed by the following are the
qualifications to become a member of the Supreme
Court:
• 1. A natural-born citizen of the Philippines;
• 2. at least 40 years of age;
• 3. a judge in a court of record for at least 15 years or
engaged in the practice of law in the Philippines for
the same period
• 4. a person of proven competence, integrity,
probity and independence. They hold office during
good behavior until they reach the age of 70 years
or become incapacitated to discharge the duties of
their office. They can be removed only by
impeachment. Grounds for impeachment include
conviction of a culpable violation of the Philippine
Constitution, treason, bribery, other high crimes, or
graft and corruption.
2. Court of Appeal- Hukuman ng paghahabol ng
Pilipinas
•Is the Philippines’ second-
highest judicial court, just after
the Supreme Court. The court
cosists of 68 associate
Justices and 1 Presiding
justice
• The court of appeals was established under
Batas Pambansa Bilang 129 known as “The
Judiary Reorganization Act of 1980”. They are
all appointed by the President. The Court sits
by divisions, each division being composed of
three members. The court may sit en banc for
the purpose of exercising administrative,
ceremonial or other non-adjudicatory functions.
3. Sandiganbayan
- Is a special court which was established
under Presidential Decree No. 1606. Its rank is
equivalent to the Court of Appeals.
- The SB or Sandiganbayan tries and
decides criminal and civil cases against
government officials and employees accused
of graft and corruption and similar other cases.
 - It shall sit in five (5) divisions of three
justices each. The five (5) may sit at the same
time. The first three divisions shall be stationed
in the Metro Manila area, the fourth division
shall be in Cebu City for cases coming from the
Visayas region, and the fifth division shall be in
Cagayan de Oro City for cases coming from
the Mindanao region.
4. THE OMBUDSMAN ACT OF 1989
- Its main agenda is to oversee the Philippine
Laws Against Graft and Corruption
Where people believe that, Public office is a
public trust and must at all times be accountable
to the people, serve them with utmost
responsibility, integrity, loyalty, efficiency, act with
patriotism and justice and lead modest lives.
Composition of Ombudsman
• SECTION 1. Composition.
• (1) The Office of the Ombudsman shall be headed by
the Ombudsman to be known as the Tanodbayan, who
shall be assisted by one overall Deputy and at least by
one Deputy each for Luzon, Visayas and Mindanao. A
separate Deputy for the military establishment may
likewise be appointed.
• (2) It shall have such other officials and employees, to
be appointed by the Ombudsman according to the Civil
Service Law.
• SECTION 2. Powers and Functions.—The
Office of the Ombudsman shall:

• (1) Investigate on its own, or on complaint by

any person, any act or omission of any public
official, employee, office or agency, when
such act or omission appears to be illegal,
unjust, improper, or inefficient;
• (2) Direct, upon complaint or at its own instance, any public
official or employee of the Government, or any subdivision,
agency or instrumentality thereof, as well as of any government-
owned or controlled corporation with original charter, to perform
and expedite any act or duty required by law, or to stop, prevent,
and correct any abuse or impropriety in the performance of
duties;

• (3) Direct the officer concerned to take appropriate action against

a public official or employee at fault, and recommend his
removal, suspension, demotion, fine, censure, or prosecution,
and ensure compliance therewith;
• (4) Direct the officer concerned, in any appropriate case,
and subject to such limitations as may be provided by law,
to furnish it with copies of documents relating to contracts
or transactions entered into by his office involving the
disbursement or use of public funds or properties, and
report any irregularity to the Commission on Audit for
appropriate action;
• (5) Request any government agency for assistance and
information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent
records and documents;
• (6) Publicize matters covered by its investigation when
circumstances so warrant and with due prudence;
• (7) Determine the causes of inefficiency; red tape,
mismanagement, fraud, and corruption in the
Government and make recommendations for their
elimination and the observance of high standards of
ethics and efficiency;
• (8) Promulgate its rules of procedure and exercise such
other powers or perform such functions or duties as may
be provided by law.
• SECTION 3. Action and Complaints.—The
Ombudsman and his Deputies, as protectors of
the people, shall act promptly on complaints filed
in any form or manner against public officials or
employees of the Government, or any subdivision,
agency or instrumentality thereof, including
government-owned or controlled corporations, and
shall, in appropriate cases, notify the complainants
of the action taken and the result thereof.
•SECTION 4. Fiscal Autonomy.—
The Office of the Ombudsman
shall enjoy fiscal autonomy. Its
approved annual appropriations
shall be automatically and
regularly released.
5. Court of Tax Appeals - Hukuman ng Paghahabol sa
Buwis ng Pilipinas
- It is the special court of limited jurisdiction, and has the same level
with the Court of Appeals.
- The court consists of 8 Associate Justices and 1 Presiding Justice.
- Previously, only decision, judgment, ruling or inaction of the
Commissioner of Internal Revenue, the Commissioner of Customs, the
Secretary of Finance, the Secretary of Trade and Industry, or the Secretary
of Agriculture, involving the National Internal Revenue Code and the Tariff
and Customs Code on civil matters are appealable to the Court of Tax
Appeals.
 The expanded jurisdiction transferred to the
CTA the jurisdiction of the Regional Trial Courts and
the Court of Appeals over matters involving criminal
violation and collection of revenues under the
National Internal Revenue Code and Tariff and
Customs Code. In addition, it also acquired
jurisdiction over cases involving local and real
property taxes which used to be with the Regional
Trial Court and the Court of Appeals.
Composition of Court of Tax Appeals
• The Court of Tax Appeals was created
under Republic Act No. 1125. It is a
special court of limited jurisdiction.
Republic Act No. 9282 expanded the
jurisdiction of the Court of Tax Appeals,
elevating its rank to the level of a
collegiate court with special jurisdiction
and enlarging its membership.
6. Regional Trial Courts
- Were established among the thirteen regions in the Philippines
consisting of Regions I to XII and the National Capital Region (NCR).
There are as many Regional Trial Courts in each region as the law
mandates.
- It shall exercise exclusive original jurisdiction in all criminal cases
not within the exclusive jurisdiction of any court, tribunal or body, except
those now falling under the exclusive and concurrent jurisdiction of the
Sandiganbayan which shall hereafter be exclusively taken cognizance of
by the latter.
- RTC Criminal Courts typically try cases of serious crimes like
murder and robbery, as opposed to petty crimes, which reduce the burden
of court cases.
Composition of Regional Trial Court

• Regional Trial Courts were

established among the thirteen
regions in the Philippines consisting
of Regions I to XII and the National
Capital Region (NCR). There are as
many Regional Trial Courts in each
region as the law mandates.
7. MUNICIPAL TRIAL COURTS
- Municipal Trial Courts and Municipal Circuit
Trial Courts shall be the same as in the Regional Trial
Courts, except (a) where a particular provision
expressly or impliedly applies only to either of said
courts; and (b) in criminal cases governed by the
Rule on Summary Procedure in Special Cases
adopted on August 1, 1983, namely, (1) Violations of
traffic laws, rules and regulations; (2) Violations of the
rental law;
(3) Violations of municipal or city ordinances; and (4) All
other criminal cases where the penalty prescribed by law
for the offense charged does not exceed six months
imprisonment, or a fine of one thousand pesos
(P1,000.00) or both irrespective of other imposable
penalties, accessory or otherwise, or of the civil liability
arising therefrom; Provided, however, that in offenses
involving damage to property through criminal negligence,
said Rule shall govern where the imposable fine does not
exceed ten thousand pesos (P10,0000.00).
A.MUNICIPAL TRIAL COURT
- Every municipality in the Philippines has its
own Municipal Trial Court. It is referred to as such if
it covers only one municipality;

B. Municipal Circuit Trial Courts

- Are judicial courts of the Philippine Judicial
System which covers two or more municipalities in
the country.
8. Metropolitan trial Court

• Municipal Trial Courts in the towns and cities in the

Metropolitan Manila area, as distinguished from the
other political subdivisions in the Philippines, are
referred to as Metropolitan Trial Courts.
• In cities outside Metropolitan Manila, the equivalent of
the Municipal Trial Courts are referred to as Municipal
Trial Courts in cities.
Barangay’s
9. Municipal Circuit Trial Courts

• Municipal circuit trial courts of the Philippine Judicial

System which covers two or more municipalities in the
country. Every municipality in the Philippines has its own
Municipal Trial Court. It is referred to as such if it covers
only one municipality; otherwise, it is called Municipal
Circuit Trial Court if it covers two or more municipalities.
8. Shari’a District Courts
- Equivalent to the Regional Trial Courts in rank are
the Shari'a District Courts which were established in
certain specified provinces in Mindanao where the Code
of Muslim Personal Laws of the Philippines is being
enforced.
-There are five Shari'a District Courts and fifty one
Shari'a Circuit Courts in existence. A Shari'a District Court
is of limited jurisdiction. It was created under Presidential
Decree No. 1083.
 - Cases falling within the exclusive jurisdiction of the
Shari'a District Courts primarily pertain to family rights and
duties as well as contractual relations of Filipino Muslims
in the Mindanao.
- The Shari'a District Court has appellate jurisdiction
over all cases tried in the Shari'a Circuit Courts within
their territorial jurisdiction. It shall decide every case on
the basis of the evidence and the records transmitted as
well as such memoranda, briefs or oral arguments as the
parties may submit.
 - The decisions of the Shari'a District Courts, whether on
appeal from the Shari'a Circuit Courts or not, shall be final. The
Supreme Court shall, however, continue to exercise original and
appellate jurisdiction over certain issues as provided by the
Constitution.
9. THE SHARI'A CIRCUIT COURTS

• - Equivalent to the Municial Circuit Trial Courts are the

Shari'a Circuit Courts which were established in certain
municipalities in Mindanao where the Code of Muslim
Personal Laws of the Philippines is being enforced.
 - There are five Shari'a Circuit Courts and fifty one (51)
Shari'a Circuit Courts in existence. A Shari'a Circuit Court has
original jurisdiction over the following:
1. All cases involving offenses defined and punished under
Presidential Decree No. 1083;
2. All civil actions and proceedings between parties who are
Muslims or have been married in accordance with Article 13 of
Presidential Decree No. 1083 involving disputes relating to:
• a. Marriage;
b. Divorce recognized under Presidential Decree
No. 1083;
c. Betrothal or breach of contract to marry;
d. Customary dowry (mahr); e. Disposition
and distribution of property upon divorce; f.
Maintenance and support, and concolotary
gifts(mut'a); and g. Restitution of marital
rights.
3. All cases involving disputes relative to
communal properties.
HOW DOES JUDICIARY EXERCISES POLITICAL
NEUTRALITY AND FAIRNESS?

In the Philippines, the separation of powers is a model for

the governance of a state to determine how politicians
exercise neutrality and fairness. Under this model, a state's
government is divided into branches, each with separate
and independent powers and areas of responsibility so that
the powers of one branch are not in conflict with the powers
associated with the other branches.
The typical division is into three branches:
- A legislature, an executive, and
- A judiciary, which is the trio political
model. It can be contrasted with the
fusion of powers in some parliamentary
systems where the executive and
legislative branches overlap.
Separation of powers, therefore, refers to the
division of responsibilities into distinct branches to
limit any one branch from exercising the core
functions of another. The intent of separation of
powers is to prevent the concentration of unchecked
power by providing for "checks" and "balances" to
avoid autocracy, over-reaching by one branch over
another, and the attending efficiency of governing
by one actor without need for negotiation and
compromise with any other.
 Evaluate the performance of the
Philippine judiciary as a dispenser of
justice and a protector of constitution
safeguards to freedom.
Todays, Philippine Judiciary has a rotten system where we
witness a lot of injustices, betrayal, misconceptions and abuse
of political powers. We were colonized for 333 years under the
Spaniards-colony where we were abused and belittled. Our
ancestors and heroes fought for our freedom yet here we are,
still experiencing injustices because of our leaders/government
officials who tend to be our representatives but the ones who
sting and betray their constituents. After many researches, We
can say that, it is not the system but the executors and
undisciplined administrative officials are the real problem why
we can’t fix the Philippine legal system problem .
We witness judges from different branches and courts
who receive bribes from a high and honoured official to
flip a case and to deprive an ordinary citizen from its
freedom and liberty as a filipino citizen. The government
officials shall live with the oath they promised in front of
their constituents and God. Thus, they shall abide all the
rules and obligations they are opted and obliged to do.
Thus, they shall always ensure to serve their constituent’s
benefits and necessities. Thus, they shall always live with
the vision of the late President Manuel A. Roxas “Bayan
Muna, Bago Sarili”.