THE COURT
THE THIRD PILLAR
INTRODUCTION
The court is the center pillar of the criminal justice system. It
plunks as the “cornerstone” of the system. The court is involved in
securing the efficacy, efficiency and fairness in the administration of
justice. The judicial bodies manage by the judges handles the most
sensitive part of the criminal justice process. It determines the
innocence or guilt of the accused through a balance of the
antecedents of the case. Judges exercise enormous discretionary
power, since they function without any kind of direct supervision and
perform their work alone.
EARLY MEANS OF ADMINISTRATION OF JUSTICE
“Trial by ordeal”
A primitive method of determining a person’s guilt or innocence
by subjecting the accused person to dangerous or painful tests
believed to be under divine control; escape was usually taken as a sign
of innocence.
In the ancient time, the procedure of proving guilt or innocence is
done by making an appeal to the Gods manifestation of the guilt and
of the accused typically known as Ordeal. This was considered as
Judicuim meaning the judgement of the God.
IMPORTANCE OF JUDICIARY
• The court perform a crucial function in the society for the
parity of administration of justice is its imperative duty.
Apparently, the courts are perceived as the ultimate
fortress of hope in terms of unprejudiced administration
of justice. The courts enforce the law without fear or favor
virtually guarantee that the ends of justice be in
conformity with the Latin maxim “Dura Lex Sed Led”
COURT
• Court is a government institution, which decide disputes
between citizen and between citizen and government.
• Its basic function is to determine the guilt or innocence of
person accused of crime and imposed punishment on
those guilty.
• A body to which the public administration is delegated,
being a tribunal officially assembled under the authority of
law at the appropriate time and place for the
administration of justice through which the state enforces
its sovereign rights and powers.
• Court is also a judicial tribunal primarily engaged in the
dispensation or administration of justice to resolve, settle
and end cases brought before it.
JUDGE
• A public officer so named in his commission and
appointed to preside over and to administer the
law in a court of justice.
JURISDICTION
• Defined as the power to try and decide, or hear and
determine, a cause. To try and decide means to
receive evidence from the parties (including their
arguments); to decide or determined a case means
to resolve the disputes by applying the law to the
facts.
VENUE
• Is the site or location where the case is to be
tried on the merits. It is also refers to the
specific judicial branch or sala of the judge
who acquire jurisdiction or authority for
trial/hearing of the case through the conduct
of raffle.
JUDGEMENT
• Is the adjudication by the court that the accused is
guilty of the offense charged, and the imposition of
the proper penalty and civil liability provided for by
the law against an accused. The judge must set out
his conclusions of fact and his conclusions of law.
THE PHILIPPINE SUPREME COURT
COURT SYSTEM
SANDIGANBAYAN
COURT OF APPEAL
COURT OF TAX REGIONAL TRIAL SHARI’A DISTRICT
APPEAL COURT COURT
METROPOLITANT SHARI’A CIRCUIT
MUNICIPAL TRIAL
TRIAL COURT COURTS
COURT IN CITIES
MUNICIPAL TRIAL MUNICIPAL CIRCUIT
COURT TRIAL COURT
COMPOSITION OF PHILIPPINE COURTS
REGULAR COURT
• Supreme Court
• Court of Appeals
• Regional Trial Courts
• Metropolitan Trial Courts
• Municipal Trial Courts in Cities
• Municipal Trial Courts
• Municipal Circuit Trial Court
SPECIAL COURT
• SANDIGANBAYAN
• COURT OF TAX APPEAL
• SHARI’A DISTRICT COURTS
• SHARI’A CIRCUIT COURTS
COLLEGIATE COURTS
• SUPREME COURT
• COURT OF APPEALS
• SANDIGANBAYAN
• COURT OF TAX APPEALS
LOWER COURTS
• Court of Appeals
• Sandiganbayan
• Court of Tax Appeals
• Regional Trial Courts
• Metropolitan Trial Courts
• Municipal Trial Courts in Cities
• Municipal Trial Courts
• Municipal Circuit Trial Court
• Shari’a District Courts
• Shari’a Circuit Courts
THE MUNICIPAL TRIAL COURTS AND MUNICIPAL
CIRCUIT TRIAL COURTS
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.
THE METROPOLITAN TRIAL COURTS AND
MUNICIPAL TRIAL COURTS IN CITIES
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 Municipal Trial Courts are referred to as Municipal Trial
Courts in Cities.
THE REGIONAL TRIAL COURTS
• RTC were established among the 13 regions in the
Philippines consisting of Region I to XII and the NCR. There
are as many RTC in each region as the law mandates.
• R.A 8369 otherwise known as the “Family Courts Act of
1997” was enacted establishing the FAMILY COURT,
granting this court exclusive original jurisdiction over child
and family cases.
THE SHARI’A 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 Law of the Philippines is
being enforced.
• There are 5 Shari’a District Courts and 51 Shari’a Circuit Courts in
existence.
• It is a court with limited jurisdiction, created under Presidential Decree
1083
• Cases falling within the exclusive jurisdiction of this courts primarily
pertain to family rights and duties as well as contractual relations of
Filipino Muslims in the Mindanao.
IN HAS EXCLUSIVE ORIGINAL JURISDICTION OVER THE
FOLLOWING:
• All cases involving custody, guardianship, legitimacy, paternity, affiliation arising
under PD 1083;
• All cases involving disposition, distribution and settlement of the estate of a
deceases Muslim, probate of wills, issuance of letters of administration or
appointment of administrators aggregate value of property;
• Petition for the declaration of absence and death and for cancellation and
correction of entries in the Muslim Registries
• All actions arising from customary contracts in which the parties are Muslims, if
they have not specified which law shall govern their relations;
• All petition for mandamus, prohibition, injunction, certiorari, habeas corpus, and
all auxiliary writs and processes in aid of its appellate jurisdiction;
THE SHARI’A CIRCUIT COURT
Equivalent to the Municipal Circuit Trial Court which where established in certain municipalities
in Mindanao where the Code of Muslim Personal Laws of the Philippines is being enforced.
it has an original jurisdiction over the following;
• All cases involving offenses defined and punished under PD 1083
• All civil actions and proceedings between parties who are Muslims or have been married in
accordance with Article 13 of PD 1083 involving disputes relating to;
• Marriage
• Divorce
• Betrothal or breach of contract to marry
• Customary dowry
• Disposition and distribution of property upon divorce
• Maintenance and support, and concolotary gifts
• Restitution of marital rights
• All cases involving disputes relative to communal properties.
THE COURT OF TAX APPEALS
• The court of tax appeal was created under R.A 1125.
• it is a special court of limited jurisdiction.
• R.A 9282 expanded the jurisdiction of the Court of Tax
Appeals, elevating its rank to the level of collegiate court
with special jurisdiction and enlarging its membership
THE SANDIGANBAYAN
• A special court which was established under PD 1606, its
rank is equivalent to Court of Appeal
THE COURT OF APPEALS
• The court of appeals was established under BP 129 known
as The Judiciary Reorganization Act of 1980;
• The court is composed of one Presiding justice and 68
associate justices
• All appointed by the president.
SUPREME COURT
A. Original Jurisdiction
1. Exclusive Jurisdiction of Petition for Certiorari Prohibitions and Mandamus against the Court of
Appeals and the Sandiganbayan.
2. Concurrent Jurisdiction with Mandamus against Regional Trial Courts in petition for Certiorari,
Prohibition and Mandamus against the Lower Court.
b. Exclusive Appellate Jurisdiction
1. An appeal from Regional Trial Courts in all criminal cases involving offenses for which the
penalty is reclusion perpetual not so punished are roused out of the same occasion, Automatic
review will be done by the Supreme Court in criminal cases where death penalty was imposed.
2. By petition for review of Certiorari from the court of Appeals; from the Sandiganbayan and
from the Regional Trial Courts where only an error or question of law is involved.
Composition of The Supreme Courts
The new constitution retained the membership of the Supreme Court of
Fifteen (15) members including the chief of justice under 1973 charter, to cope with
the continuing increase in the number of cases brought by a growing population.
The constitution requires any vacancy to be filled within 90 days from the
occurrence thereof.
Supreme Court setting procedure
The Supreme Court may sir en banc ( as one body ) or on division of three
(3), five (5), or seven (7) members, it is the Supreme Court that decide whether or
not will sit in the divisions. On the basis of Fifteen (15) members the number of
divisions could be five (5), three (3), or two (2), meeting separately. In case of two
(2) divisions there will be eight (8) members. By setting in divisions, the Supreme
Court increases its capacity to dispose cases pending before it.
POWERS AND FUNCTIONS OF THE SUPREME COURTS
1. Exercise original jurisdiction over cases affecting Ambassadors, other public Ministers and
Consuls over petition for Certiorari, Prohibitions, Mandamus, Quo Warranto, and Habeas
Corpus.
2. Review, revise, reverse, modify, or affirm on appeal of Certiorari as the law or the Rules of Court
provided in final judgment and orders of Lower Courts:
a) All cases in which the constitutionality or validity of any Treaty, International or Executive
Agreement, Law Presidential Decree, Proclamation, Order, Instruction, Ordinance, or regularity
is in question.
b) All cases involving the legality of any tax imposed, assessment, or toll, or any penalty imposed
in relation there to.
c) All cases in which the jurisdiction of any lower court is in issue.
d) All criminal cases in which the penalty imposed is reclusion Perpetua or higher.
e) All cases in which only an error or question of law is involved.
3. Assign temporarily judge of lower court to other stations as public interest
may require. Such temporary assignment shall not exceed six (6) months
without the consent of the judge concern.
4. Order a change of venue or place of trial to avoid miscarriage of justice.
5. Promulgate rules concerning the protection and enforcement of
constitution to the practice of law, the integrated bar, and legal assistance
to the under privilege. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases shall be uniformed to all
courts in the same grade, and shall not dismiss, increase, or modify
substantive rights. Rules of Procedure of Special Court and quasi-judicial
shall remain effective unless disapprove by the Supreme Court.
6. Appoint all officials and employees of the judiciary in accordance with the
Civil Service Law.