Lesson 3.

Court Pillar

In a democratic and republican government, the powers of government are

distributed among three branches:
1. the legislative;
2. the executive; and
3. The judiciary.

The legislative power is vested to the Congress, which is composed by the

Senate and the House of Representatives in national level.
The executive power is vested to the office of the President and his cabinets.
The judicial power is vested to the Supreme Court and in such lower courts as
may be established by law.

=The court is a body to which the public administration of justice is delegated.

It is a tribunal officially assembled under authority of law at the appropriate
t i m e and place for the administration of justice thru which the government
enforces its sovereign rights and powers.
=The court is an entity or body in which a portion of judicial power is vested.
=Courts are judicial tribunals engaged in the administration (or dispensation) of
justice. They exist invery civilized country to resolve and end disputes in
accordance with law – peacefully, in an orderly manner, authoritatively, definitely and
finally.

MEANING OF JUDGE
The Judge is a public officer so named in his commission (written evidence
of appointment) and appointed to preside over and to administer the law in a
court of justice.
Court and Judge distinguished:
Court Judge
1. An Entity/Institution 1. A Person
2. Composed of 1 or more judges 2. Indispensable part of the court

3. Cannot exist without a judge 3. Can exist without a court

THE CONCEPT OF JUSTICE ADMINISTRATION

1. Determination of the relevant facts is accomplished by reception of the

evidence of the parties involved in the controversy, and its assessment by the
judge to discover what the facts are thereby established.

Application of the law to the facts (thus established by the evidence)

connotes: the ascertainment and confirmation of what the law provides in light
of the facts proved, and the pronouncement by the judge in accordance
therewith of which of the parties is in the right, and what are their specific rights
and responsibilities with respect to each other. That pronouncement must be
made clearly and definitely, leaving no issue unresolved, in line with the purpose
of courts, which is to put an end to disputes.
THE CONCEPT OF JUDICIAL POWER

Judicial power is the power to apply the laws of the land to contests or
disputes concerning legally recognized rights or duties between:
the government and private persons;
Individual parties/litigants in cases brought before the courts.
Judicial power is vested to the Supreme Court and in such inferior courts
as may be established by law.

As defined by Justice Conception, judicial power is the authority to settle

justifiable controversies or disputes involving rights of justice, or the redress of
wrongs for violations of such rights.

What is the scope of Judicial Power?

Judicial power includes the following:
To pass upon the validity or constitutionality of existing laws, rules and
regulations
To interpret and construe laws that is already enacted
To render authoritative judgment
To exercise other incidental powers necessary to effectively discharge other
judicial functions.

THE CONCEPT OF JUDICIAL INDEPENDENCE

Judicial Independence is the freedom of the court to settle legal
controversies or disputes “with an impartial eye and an even hand”, and bowing
to no one except the law. It is the freedom of the judges to perform their
functions without interferences from the executive or legislative branch of the
government.

THE CONCEPT OF POWER OF JUDICIAL REVIEW

The Power of Judicial Review is the power of the courts, ultimately of
the Supreme Court, to interpret the Constitution and to declare any legislative or
executive act invalid because it is in conflict with the fundamental law.

THE CONCEPT OF PRELIMINARY INVESTIGATION

As conducted by the Judge, preliminary Investigation is an inquiry or
proceeding for the purpose of determining whether there is sufficient ground to
engender a well-founded belief that a crime cognizable by the RTC has been
committed and that the respondent is probably guilty thereof and should be held
for trial. (Section 1, Rule 112, RPC)

BASIC COURT SYSTEM IN THE PHILIPPINES

Four Level Hierarchies of Courts:

1. Supreme Court (SC)
2. Court of Appeals (CA)
3. Regional Trial Court (RTC)
4. First Level Courts:
Municipal Trial Courts (MTC)
Metropolitan Trial Courts
(MeTC)
Municipal Circuit Trial Courts (MCTC)
In the Philippines, the regular courts engaged in the administration of justice
are organized into four (4) levels or tiers.
At the highest level is the Supreme Court and below it are the three levels
composing the lower courts.
They are collectively known as the Judiciary. As thus organized, they
comprise what is referred to as the Integrated Judicial System.

COURT JURISDICTION AND VENUE OF TRIAL

In the sense that administration of justice has been described, it is
substantially the same as jurisdiction of courts.
Jurisdiction is the power and authority of a court to hear, try, and decide
a case. Jurisdiction of the court maybe general, limited, original, appellate,
exclusive, concurrent, criminal, and civil.
To try or hear a case simply means to receive evidence from the parties
(including their arguments), according to fixed rules. To decide or determine a
case means to resolve the dispute by applying the law to the facts (established
by the evidence).
The Venue refers to the place where a case should be heard, tried, and
decided.

TYPES OF COURT JURISDICTION

1. General Jurisdiction
When the court is empowered to decide all disputes that may come before it
except those assigned to other courts.
2. Limited Jurisdiction
When the court has authority to hear and determine only a few specified cases.
3. Original Jurisdiction
When it can try and decide a case presented for the first time.
4. Appellate Jurisdiction
When it can try a case already hear and decided at the lower court removed from
the latter by appeal.
5. Exclusive Jurisdiction
When it can try and decide a case that cannot be presented to any other court.
6. Concurrent Jurisdiction
When any of two or more courts may take cognizance of a case.
7. Criminal Jurisdiction
Jurisdiction to try a case where there is punishment or penalty provided by the
law.
8. Civil Jurisdiction
Jurisdiction that exists when the subject matter is not of criminal nature.
9. Territorial Jurisdiction
Jurisdiction that exist basing on the place of commission of the offense.

DECISION DEFINED
Decision is the judgment rendered by a court of justice or other
competent tribunal after the presentation of the respective positions of the
parties in ordinary or criminal cases or upon a stipulation of facts upon which
the disposition of the case is based.

Maximum periods for rendering of decisions:

By constitutional mandate, the various courts must decide or resolve a
case or matter thereto within the following periods from the date of submission:
SC – within 24 months
CA and other collegiate appellate courts – within 12 months unless reduced by
the SC
Lower courts (Inferior Courts) – within 3 months unless reduced by the SC

COURT PROCESSES
1. Arraignment

The stage in court proceedings wherein the clerk of court will read the
nature of the charge/s against the accused/defendant in the language or dialect
that he/she can understand and then he/she is required to enter a plea of guilty
or not guilty.
MOTION TO QUASH
A move or motion to set aside; annulment made by an accused of a
criminal complaint against at any time before he pleads.
Grounds of Motion to Quash:
1. That the facts charged do not constitute an offense;
2. The court trying the case has no jurisdiction over the offense charged or
the person of the accused;
3. The officer who filed the information has no authority to do so;
4. It does not conform substantially to the prescribed form;
5. More than one offense is charged except in those cases in which
existing laws prescribed a single punishment for various offense;
6. The criminal action or liability has been extinguished;

7. It contains averments which if true, would constitute a legal excuse

or justification.
8. The accused has been previously convicted or in jeopardy of being
convicted or acquitted of the offense charged.

DUPLICITY or MULTIFARIOUSNESS OF OFFENSE

The joinder of separate and distinct offenses in one and the same
complaint or information.

2. PRE-TRIAL
A conference conducted before the formal trial proceedings.
Subjects of Pre-Trial Conference:
1. Plea bargaining;
2. Stipulation of facts;
3. Marking of evidence/s for identification
4. Waiver of objections to admissibility of evidence; and
5. Such other matters that will promote a fair and expeditious trial.
PLEA BARGAINING
The process of discussion or negotiation between the defense counsel and
the prosecutor aimed at reaching an agreement whereby the prosecutor uses
discretion to obtain from the judge a lighter sentence in exchange of the
defendant’s plea of guilty.

The process of plea bargaining is entered into between the prosecutor and the
defense lawyer before the accused is arraigned.

3. TRIAL
A judicial examination and determination of the issues in an action or
proceeding either civil or criminal.
In criminal procedure, trial means all the proceedings in open court after
the pleadings are finished until the giving of the verdict.

4. JUDGMENT
 The adjudication by the court that the accused is guilty or not guilty of the
offense charged and the imposition of the proper penalty including civil liability
provided for by the law on the accused.

PROMULGATION OF JUDGMENT
The process of reading the judgment in the presence of the accused and
the judge of the court in which it was rendered.

5. NEW TRIAL VS. MOTION FOR RECONSIDERATION

*NEW TRIAL
A re-examination of the issue in the same court and party litigants
whereby errors of law or irregularities are expunged from the record or new
evidence is introduced, or both steps are taken upon motion of the accused or at
the instance of the court with the consent of the accused.
*MOTION FOR RECONSIDERATION
It contemplates no new hearing or proceeding of any kind but change in
judgment is accomplished on the basis of what is already in the record.

6. APPEAL
A request that a case be removed from the lower court to the higher for the
purpose of conducting judicial review.
Where to Appeal?

1. Regional Trial Court (RTC) - for cases decided by the MeTC, MeCTC,
MTC, or MCTC.
2. Court of Appeals (CA) or to the Supreme Court in specific cases
provided for by law involving cases decided by the RTC.
3. Supreme Court (SC) - for cases decided by the CA.

COURT ORGANIZATION IN THE PHILIPPINE SETTING

A. The MeTCs, and MCTCs
Jurisdiction of MeTCs, MTCs, and MCTCS:
Exclusive jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction. (As amended by RA
7961)

Exclusive original jurisdiction over all offenses punishable with imprisonment

not exceeding 6 years irrespective of the amount of fine, and regardless of other
imposable accessory of other penalties, including the civil liability arising from
such offenses or predicated thereon, irrespective of kind, nature, value or
amount thereof. Provided, however, that in offenses involving damage to
property through criminal negligence, they shall have exclusive original
jurisdiction thereof. (As amended by RA 7961)
Exception: In cases falling within the exclusive original jurisdiction of RTCs and
of the Sandiganbayan
3. Territorial jurisdiction: MeTCs, MTCs and MCTCs exercise their
jurisdiction in the city, municipality or circuit where the judge thereof is
appointed or designated.
Authority to Conduct Preliminary Investigation:
Judges of MeTCs (except those in the NCR), MTCs, and MCTCs have the
authority to conduct preliminary investigation of crimes alleged to have been
committed within their respective territorial jurisdictions that are cognizable by
the RTCs.
Session Hours:
MeTCs, MTCs and MCTCs hold daily sessions from Monday to Friday –
from 8:30 am to 12:00 noon and from 2:00 to 4:30 pm.

Procedure in MeTCs, MTCs and MCTCs:

The procedure observed in MeTCs, MTCs and MCTCs in all cases and
proceedings, whether civil or criminal, is the same as that schedule observed in
the RTCs.
Exception:
If there is a particular provision expressly or impliedly applied to the RTC; and
In criminal cases governed by the Rule on Summary Procedure for special cases.

B. The REGIONAL TRIAL

COURTS Composition of the RTC:
There are 720 Regional Trial Court Judges in the Philippines coming from every
region in the country.
Jurisdiction of RTCs:

1. Jurisdiction of the RTC in criminal cases:

RTCs exercise exclusive original jurisdiction in all criminal cases not
within the exclusive jurisdiction of any court, tribunal or body, except those now
falling under the exclusive and concurrent jurisdiction of the Sandiganbayan
that is exclusively taken cognizance of by the latter.
2. Appellate jurisdiction
RTCs exercise appellate jurisdiction over all cases decided by Metropolitan
Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in their
respective territorial jurisdictions.

3. Territorial Jurisdiction
The RTC exercises its jurisdiction within the area defined by the Supreme
Court as the territory over which the particular branch concerned exercises its
authority, in accordance of Section 18 of BP 129.
Session Hours:

RTCs hold daily sessions from Monday to Friday – from 8:30 am to

12:00 noon and from 2:00 to 4:30 pm.
C. COURT OF APPEALS
Composition of the CA (Section 3, BP 129):

The Court of Appeals is composed of 1 Presiding Appellate Justice and 49

Associate Appellate Justices who are appointed by the President.
The CA may sit en banc or in 10 divisions.
The CA operates as one body for the purpose of exercising the following
functions:
=administrative
=ceremonial
=other non-adjudicatory functions

Jurisdiction of the CA
Original jurisdiction to issue writs of mandamus, prohibition, habeas corpus,
and quo warranto, and an auxiliary writs or processes, whether or not in aid of
its appellate jurisdiction;

Exclusive original jurisdiction over actions for annulment of judgments of RTCs;

and
Exclusive appellate jurisdiction over all final judgments, decisions, resolutions,
orders or awards of RTCs and quasi-judicial agencies, instrumentalities, boards
or commissions, including the Securities and Exchange Commission and the
CSC, except those falling within the appellate jurisdiction of the SC in
accordance with the constitution, the Labor Code of the Philippines (PD442 as
amended), and the provisions of BP 129.
Note: The party bringing the case to the CA is called APPELLANT and
the adverse party is called APPELLEE but the title of the case remains as it was
in the lower court.

D. SUPREME COURT
Composition of the Supreme Court
The Philippine Supreme Court is composed of one Chief Justice and 14
Associate Justices who are appointed by the President. (Article VII, Section 4-1,
Phil. Constitution)

Sitting Procedure:
The SC may sit en banc or in divisions of 3, 5, or 7 members. On the
basis of 15 members, the number of divisions will be 5, 3, or 2, meeting
separately. In case of 2 divisions, one division is composed of 8 members while
the other is compose of seven. The SC decides whether or not it sits in one
division. The purpose of sitting in divisions is to increase the capacity of the SC
to dispose cases pending before it.
Powers of the SC (Art. VIII, Section 5)

a. Exercise original jurisdiction over case of affecting ambassadors, other public

ministers and consuls, and other petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.

b. Review, revise, reverse, modify, or affirm on appeal or certiorari as the law or

the Rules of Court may provide, final judgments and other lower courts in:

1. All cases in which the constitutionality or validity of any treaty,

international or executive, law, presidential decree, proclamation, order,
instruction, ordinance, or regulation is in question.

2. All cases involving the legality of any tax, impost, assessment, or toll, or
any penalty imposed in relation thereto.
3. All cases in which the jurisdiction of any lower court is in issue.
4. All criminal cases in which the penalty imposed is reclusion perpetua or
higher.
5. All cases in which only an error or question of law is involved.

c. Assign temporarily judges of lower courts to other stations as public interest

may require. Such temporary assignment should not exceed 6 months without
the consent of the judge concerned.

Order a change of venue (place of trial) to avoid miscarriage of justice.

d. Appoint all officials and employees of the Judiciary in accordance with the
Civil Service Law.
e. Promulgate rules concerning the protection and enforcement of constitutional
rights, pleading, practice, and procedure in all courts, the admission to the
practice of law, the Integrate bar, and legal assistance to the underprivileged.
Such rules provide a simplified and inexpensive procedure for the speedy
disposition of cases and it is uniform for all courts of the same grade, and it
does not diminish, increase, or modify substantive right. Rules of procedure of
special courts and quasi-judicial bodies remain effective unless disapproved by
the SC.

When can the SC order a change of venue?

The SC can order a change of venue or place of trial whenever the
imperative of securing a fair and impartial trial or of preventing a miscarriage of
justice so demands.
Procedure in the Supreme Court

The procedure in the SC in original as well as in appealed cases shall be the

same as in the CA unless otherwise provided by the Constitution or the law.
The procedure for the review by the SC of decisions rendered by the CA in
criminal cases shall be the same as in civil cases.

When the court en banc is equally divided in opinion or the necessary majority
cannot be had, the case is reheard, and if in rehearing no decision is reached,
the judgment of conviction of the lower court is reversed and the accused
acquitted.