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FUNCTIONS OF THE
JUDICIAL BRANCH
The judiciary is the final bulwark of
liberty. It protects the poor and the weak
against oppression by the wealthy and
the influential. It protects the right to life,
property, and the pursuit of happiness
against the tyranny of violence, or
abusive power, or unscrupulous
ambitions.
MEANING OF JUDICIAL
POWER
Judicial Power is the power and duty of
courts of justice to interpret and apply the
laws (Including the Constitution) to contest or
disputes concerning legally recognized rights
or duties between the state and private person
or individuals or between private persons or
individual litigants, in case properly brought
to the tribunal.
INDEPENDENCE OF THE
JUDICIARY
To maintain the independence of the judiciary, the
following safeguards have been embodied in the
Constitution:
1. The Supreme Court is a Constitutional Body. It cannot
be abolished nor may its membership or the manner of
its meetings be changed by mere legislation.
2. The member of the Supreme Court cannot be removed
except by impeachment.
3. The Supreme Court mat not be deprived of its
minimum and appellate jurisdiction as prescribed in
Article VIII, Section 5 of the Constitution.
POWER OF JUDICIAL
REVIEW
The courts also have the power of judicial
review or the power to test the validity or
constitutionality of the legislative and
executive acts, such as treaty,
international or executive agreement,
law, presidential decree, proclamation,
order, instruction, ordinance, or
regulation. It is an aspect of judicial
power, in that it is essentially derived
from the duty of the court to settle
controversies between conflicting parties
by applying the appropriate law.
SCOPE OF JUDICIAL
POWER
1. Adjudicatory Power
It includes the duties of the court of justice
to:
A.) settle actual case or controversies
involving rights which are legally
demandable and enforceable; and
B.) to determine whether there has been
grave abuse of discretion amounting to
lack or excess of jurisdiction to any
branch or instrumentality of the
FUNCTIONS OF THE
COURT
Negative Function/Checking
Function it is the power of the
court to declares the act of the
president or congress
unconstitutional which is belong to
the checking function of the court
following the principles of checks
and balances.
Positive Function/Legitimizing
Function - the power of the court to
sustain or upholds the constitutionality
of the congress or the president.\
Teaching Function/Symbolic
Function the duty of the court to
formulate guiding and controlling
constitutional principles, precepts,
doctrines or rules.
HIERARCHY OF COURTS
Highest Court
Supreme Court
Appellate Courts
Court of Appeals
Sandigan Bayan
Court of Tax Appeals
Trial Courts
First and Second Level Court
ORGANI
ZATION
AL
STRUCT
URE OF
THE
JUDICIA
RY
FirstLevelCo No.
urts
MetropolitanTr
ialCourts
SecondLevelCo No.
urts
82 RegionalTrialCou 950
rts
MunicipalTrial 183
5
ShariaDistrictCo
CourtsinCities
urts
389
MunicipalTrial
470
Courts
COMPOSITION OF THE
SUPREME COURT
Pursuant to the provision of the 1987
Constitution the Supreme Court is composed
of;
1 Chief Justice and
14 Associate justices
Who shall serve until the age of seventy
(70). The court may seat En Banc or in
division.
ORGANIZATION OF COURTS :
REGULAR COURT
Court of Appeals
Is comprises of 69 justices headed by
a presiding Justice which operates in
23 divisions each comprising three
members. The court sit en banc only
to exercise administrative, ceremonial,
or other non adjudicatory functions.
JURISDICTION OF
COURT OF APPEALS
Original Jurisdiction to issue writ of
mandamus, prohibition, certiorari,
habeas corpus, and quo warranto and
auxiliary writs or processes.
Exclusive and original jurisdiction over
actions for annulment of judgement of
the RTC.
ORGANIZATION OF COURTS :
REGULAR COURT
THE END!