Judicial Department of the Philippines Essay

5018 Words Dec 20th, 2012 21 Pages
Judicial Department
Article VIII, 1987 Constitution

SECTION 1.

The judicial power shall be vested in one Supreme Court and such in 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.

Meaning of Judicial Power

JUDICIAL POWER is the power to apply the laws to contests or disputes concerning legally recognized rights or duties between the Sate and private persons, or between individual litigants in cases
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Under the Judiciary Reorganization Act of 1980 are:

• A Court of Appeals (w/ 51 justices headed by a presiding justice) which operates in 17 divisions each comprising 3 members. The court sits en banc only to exercise administrative, ceremonial, or other non-adjudicatory functions;

• A Regional Trial Court presided by 720 Regional Trial Judges in each of 13 regions in the country; and

• A Metropolitan Trial Court in each Metropolitan area established by law; a Municipal Trial Court in every city not forming part of a metropolitan area and in each of the municipalities not comprised within a metropolitan area and a municipal circuit; and a Municipal Circuit Trial Court in each area defined as a municipal circuit comprising one or more cities and/or more municipalities grouped together according to law. A court may consist of several branches.

Special courts

• The Court of Tax Appeals was created under RA No. 1125, as amended which has exclusive appellate jurisdiction to review on appeal decisions of the Commissioner of Internal Revenue taxes and decisions of the Commissioner of Customs involving custom duties.

• The Sandiganbayan was created by PD No. 1606 pursuant to the mandate of the 1973 constitution. It “ shall continue to function and exercise its jurisdiction” as provided in said decree or as may be provided by subsequent law.

Quasi-judicial agencies • administrative bodies under the executive branch performing

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