the final arbiter

7/29/2019 The Final Arbiter

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Philippine Courts,

Justices and JudgesPOLITICS AND GOVERNANCE WITH THE NEW CONSTITUTION

FAREASTERNUNIVERSITY

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The Final Arbiter: Supreme Court

Whats up?The supreme law of the land decrees

that the judicial power be vested in

one Supreme Court and such lower

courts as may be established by law.[Section 1, Art. VIII, 1987

Constitution). Thus the Supreme

Court of the Philippines composed of

14 Associate Justices and one

Chief Justice is established.

Supreme Court has the authority to review,

revise, reverse, modify, or affirm on appeal or

certiorari, as the Rules of Court may provide,

final judgments and orders of lower courts in:

All cases in which the constitutionality or

validity of any treaty, international or

executive agreement, law, presidential

decree, proclamation, order, instruction,ordinance, or regulation is in question.

All cases involving the legality of any

tax, impost, assessment, or toll, or any

penalty imposed in relation thereto.

All cases in which the jurisdiction of any

lower court is in issue. All criminal cases in which the penalty

imposed is reclusion perpetua or higher.

All cases in which only an error or

question of law is involved.

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Special Graft Court: Sandiganbayan

Whats up?A special Graft court, the

Sandiganbayan, composed of aPresiding Justice and 14 Associate

Justices, has exclusive jurisdictionover violations of the Anti-Graft and

Corrupt Practices Act [Republic Act

No. 3019], the Unexplained Wealth

Act [Republic Act No. 1379] and other

crimes or felonies committed by

public officials and employees inrelation to their office, including those

employees in government-owned or

controlled corporations.

Sandiganbayan exercises exclusiveoriginal jurisdiction in all cases

involving:

Violations of RA 3019, as amended, otherwiseknown as the Anti-Graft and corrupt Practices Act,RA 1379 and Chapter II, Sec 2, Title VII, Book II ofthe RPC;

Violations of the law on Plunder and Anti-MoneyLaundering Act of 2001 committed by theaforementioned public officials and employees inrelation to their office;

Other offenses and felonies whether simple orcomplexed with other crimes committed by theaforementioned public officials and employees inrelation to their office;

Civil and Criminal cases filed pursuant to and inconnection with EO 1, 2, 14 and 14-A issued in1986;

Petition for the issuance of writs of mandamus,certiorari, habeas corpus, injunction and otherancillary writs and processes in aid of its appellate

jurisdiction and over petitions of similar in nature,including quo warranto, that may arise in casesfiled under EO 1, 2, 14, 14-A issued in 1986:Provided, that the jurisdiction over these petitionsshal not be exclusive of the Supreme Court.

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The Muslims Courts: The Sharia

Whats up?PD 1083 recognizes the legal system of the Muslims in the Philippines

as part of the law of the land and seeks to make Islamic institutions

more effective. The Sharias Courts under the Muslim code are

equivalent to the Municipal Circuit Trial Courts with Jurisdiction overMuslim Filipinos in Mindanao. 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 Muslim Code on Personal

Laws is being enforced.

Composed of three-tier hierarchy: Sharia Appelate Court, the

Sharia District Court and the Sharia Circuti Court.

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Appellate Court: The Court of Appeals

Important

Vested with general appellate jurisdiction over the decisions of the

Regional Trial Courts and specific quasi-judicial agencies, boards

or commissions.(Rule 40-43 of the 1997 Rules of Procedures, NationalAmnesty Commission, the Ombudsman and the National Labor RelationCommission.)

Composed of a Presiding Justice and 68 Associate Justices.

Sitting Procedure:

The justices sit in divisions composed of three members.

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Special Appellate Courts: Court of Tax Appeals

Whats up?A special collegiate court, created by

RA 1125 (as amended by RA 9282,)

the Court of Tax Appeals is composed

of a Presiding Judge and 5 AssociateJudges vested with the exclusive

appellate jurisdiction over appeals

from the decisions of the

Commissioner of Internal Revenue

and the Commissioner of Customs on

civil and criminal tax cases filed byprivate persons.

The CTA has authority to reviewby appeal the following:

Decisions of the Commissioner of the InternalRevenue in cases involving disputed assessment,refunds of Internal Revenue taxes, fees or othercharges, penalties imposed in relation thereto, or

other matters arising under the National InternalRevenue Code or other law or part of the lawadministered by the BIR;

Decisions of the Commissioner of Customs in casesinvolving liability for custom duties, fees or othermoney charges; seizures, detentions or release ofproperty affected; fines, forfeitures or otherpenalties imposed in relation thereto; or othermatters arising under the Custom Law or other lawor part of law administered by the Bureau ofCustoms;

Decisions of the Secretary of Finance, such as inthe imposition of dumping or countervailing duty,and in automatic review, cases where such decisionof the Secretary of Finance is adverse to thetaxpayer.

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Courts of General Jurisdiction: REGIONAL

TRIAL COURTS

Whats up?These courts have authority to try

cases, without limitations as to the

issue or monetary restrictions, to

which Municipal, Metropolitan andMunicipal Circuit Trial Courts are

subjected to. Thus Civil claims or

Criminal prosecutions which involves

an amount of money or a potential

criminal sentence, beyond the

jurisdiction of Municipal, Metropolitanand Municipal Circuit Trial Courts

must be filed and heard in this Court.

R.A. 7961 expands the RTC exercise of

exclusive original jurisdiction in civil

cases:

Civil Action Criminal Action

Special Proceedings

Important:

RTCs are single, or monojudge.

There is 1 RTC for each of the 13

judicial regions.

All in all, there are 958 RTC

branches in 13 judicial regions.

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Courts of Limited Jurisdiction: Municipal and

City Courts

Whats up?Municipalities in the Philippines have their

own Municipal Trial Court, which try cases

limited to civil suits involving relatively

smaller amounts of money and minor

violations of criminal laws. Labeled as

inferiorcourts, they hears and adjudicate

most of the controversies that occur in the

Community and these are the courts

closest to the people.

They are referred to as Municipal TrialCourt (MTC) if one covers only one

municipality; otherwise, it is called

Municipal Circuit Trial Court (MCTC) if it

covers two or more municipalities.

Important: 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 (MeTC).

The equivalent of the Municipal Trial

Courts in cities outside Metropolitan

Manila is referred to as Municipal

Trial Courts in Cities (MTCC).

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The Judiciary: Powers and

Functions

Judicial Functions

Law-making Functions

Guardship of the Constitution

Advisory Jurisdictions

Protector of the Fundamental

Rights

Supervisory Function Non-Judicial Function

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Judiciary: Extraordinary Writs

Writ of Certiorary

Writ of Mandamus

Writ of Prohibition

Writ of Habeas Corpus

Writ of Amparo

Writ of Habeas Data

Quo Warranto

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