The Judiciary
The Judiciary
The Judiciary
1 Courtshavethedutytosettleactual 2 ThemembersoftheSupremeCourtandthe
controversiesandcannotdismiss judgesofthelowercourtshold
themonthegroundthat officeduringgoodbehavior
theyinvolvepoliticalquestions. untiltheyreachretirementage.
3 ThesalariesofthemembersoftheSupremeCourt
andjudgesofthelowercourtsarefixedbylaw 4 Ajudgemustbeapersonofgoodcharacter,
integrity,andindependenceitsself.
andcannotbedecreasedofitssalary.
5 Courtsmustdecidecaseswithincertaindeadlines. 6 AnindependentJudicialandBarCouncil
shallrecommendappointmentstothejudiciary.
Organization of the Judiciary
According to the Judiciary ReorganizationAct
of 1980 (Batas Pambansa No. 129). the judiciary is
composed of the followwing courts:
1 The Supreme Court 4 Metropolitan Trial Court
02 The Tanodbayan
The Supreme Court
The Supreme Court is the highest
court in the land. It is composed of fifteen qualifications.
A ny m e m be r o f t h e S u p r e m e C our t c a n be
r e m o v e d f r o m t h e o f f i c e o nl y by m e a ns of
i m pe a c hm e n t b y t h e C o n g r e s s .
Powers of the Supreme Court
1. It hears legal cases affecting ambassadors, public ministers
and consuls, and goes over positions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.
2. It interprets the Constitution and can declare any treaty,
executive order or legislative act invalid because it is in conflict
with the charter.
3. It us the court of last appeal to review the judgements of lower
courts
4. It reviews all appeals on sentences of life imprisonment and
death.
5. It can be temporarily assign judges of lower courts to other
places for a period of not more than 6 months, unless the judge
consents to a longer stay.
6. It can order a change of place trial.
7. It can appointsjudiciary officials and employees
in accordance with the Civil Service Law.
8. It can discipline judges of lower courts or order
their dismissal.
9. It promulgates rules on court procedure and
practice, admission to the practice of law, the
Intergrated Bar and legal aid of the poor.
The Intermediate Appellate Court
02 the Sandiganbayan
The Court of Tax Appeal
It is composed of a Preding Judge and two
Associate Judges appointed by the President.
The Sandiganbayan
This is a special anti- graft court. It decides cases
involving graft and corruption by government
officials and employees.
The Special Legal Bodies
Aside from the special court, there are two
Special Legal Bodies,
02 The Tanodbayan
Selection of Judges
The 1987Constitution created a special judicial
body called the Judicial and Bar Council. This
Council is supervised by the Supreme Court and
is composed of the Chief Justice, the Secretary of
Justice, a member of Congress, a lawyer from the
Integrated Bar, a law professor, a retired justice
from the Supreme Court, and a private citizen.
The Tanodbayan
The tanodbayan or Ombudsman was previously
created by presidential decree (P.D. No. 1487 of
June 11, 1978). Now it is authorized by the
Constitution. It acts as the prosecutor in bringing
graft cases before the Sandiganbayan. the
Tanodbayan and his deputies serve for seven
years without reappointment.
Assessment:
1-5. According to the Judiciary Reorganization Act of 1980 (Batas
Pambansa No.129), The judiciaryis composed of what courts?
6. This is special anti-graft court. It decides cases involving graft and
corruption by government officials and employees.
7-8. What are the two Special Courts
9. What is the courts in the Philippines enjoy independence from the
other branches of government.
10. This Court hears civil and criminal cases appealed from the REgional
Trial Courts.
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