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Understanding Judicial Power in the Philippines

This document is a self-paced learning module for Senior High School students focusing on the Judicial Department of the Philippines. It outlines the concept, scope, and powers of judicial power, the organization of the judiciary, and the importance of judicial independence. Additionally, it details the composition of the Supreme Court, its jurisdiction, and the fiscal autonomy of the judiciary.
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0% found this document useful (0 votes)
5 views17 pages

Understanding Judicial Power in the Philippines

This document is a self-paced learning module for Senior High School students focusing on the Judicial Department of the Philippines. It outlines the concept, scope, and powers of judicial power, the organization of the judiciary, and the importance of judicial independence. Additionally, it details the composition of the Supreme Court, its jurisdiction, and the fiscal autonomy of the judiciary.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd

SELF-PACED LEARNING

MODULE
SENIOR HIGH SCHOOL

MODULE 14
Subject:

Social Science with Phil. Constitution

AISAT COLLEGE – DASMARIÑAS, INC.

This material has been developed in support to the Senior High School Program
implementation. Materials included in this module are owned by the respective copyright
holders. AISAT College – Dasmariñas, the publisher and author do not represent nor claim
ownership over them.
This material will be reproduced for educational purposes and can be modified for the
purpose of translation into another language provided that the source must be clearly
acknowledged. Derivatives of the work including creating an edited version, enhancement or a
supplementary work are permitted provided all original works are acknowledged and the
copyright is attributed. No work may be derived from this material for commercial purposes and
profit.
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs Page |2

INFORMATION SHEET FN 14.1.1


The Judicial Department

Section 1 – The Judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.
Judicial power includes the duty of the courts of justice to settle 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.

What is the Concept of Judicial Power?


The authority to interprets the law is vested in the Judicial Branch of the Government. Such
authority is called Judicial Power.
Judicial Power is the adjudicatory power or duty of courts of justice to settle actual
controversies involving Rights. Which re legally demandable and enforceable, and to determine whether
or not there has been a grave abuse or discretion amounting to lack or execute decisions thereof on the
part of any branch or instrumentality of government.
What is the Scope of Judicial Power?
1. Adjudicatory Power
a. To settle actual controversies involving rights which are legally, demandable and
enforceable; and
b. To determine whether there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch of instrumentality of the government.
2. Power of judicial review
a. To pick upon the validity or constitutionality of the laws of the State and the acts of
the other departments of the government.
b. To interpret them; and

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:


14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs Page |3

c. To render binding judgments.


3. Incidental Powers – It includes the incidental powers are necessary to the effective
discharge of the judicial function such as the power to punish persons adjudged in
contempt.

INFORMATION SHEET FN 14.1.2


The Judicial Department

Upon Whom the Power of Judicial Power Conferred?


Judicial power is vested in:
1. Supreme Court; and
2. Such other lower counts as may be established by law.
What are the Classifications of Courts?
1. Constitutional Court- The Supreme Court is a constitutional court in the sense of being a
creation of the constitution.
2. Statutory Court – all other courts, including Sandigan bayan are statutory courts in the sense
that they are creation of law. They are referred to lower courts in the Constitution, meaning
courts below that of the Supreme Court.
Kinds of Lower Courts
A. Regular Courts
B. Special Courts
Organization of the Judiciary
The courts constituting the judicial systems of the Philippines are organized in a hierarchy with
the Supreme Court at the apex of the structure. Below the Supreme Court in descending order are the:
1. Regular Courts included:
a. The Court of Appeals (with 51 justice headed by a presiding officer. The court may sit in
division or may sit en banc)
b. A Regional Trial Court
c. A Metropolitan Court (for each Metropolitan is established by law)
d. A municipal circuit Trial Court
2. Special Courts include:
a. The Court of Tax Appeals (created under Republic Act. 1125)
b. The Sandiganbayans (created by Presidential Decree 1606)
c. Shaira District Courts and Sharia Circuit Courts
3. Quasi-judicial agencies – Adminstrative bodies under the executive branch performing quasi-
judicial function.
A. National Labor Relations Commissions
B. Securities and Exchange Commission
C. Employees Compensation Commission
D. Insurance Commission, etc.
Importance of the Judiciary
1. Confidence in the certain and even administration of justice.
2. Preservation of the government.
3. Respect for law and order.
Independence of the Judiciary
SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:
14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs Page |4

INFORMATION SHEET FN 14.1.3


The Judicial Department

To maintain the independence of judiciary, the following safeguards have been embodied in the
Constitution.
1. The Supreme Court is a constitutional body. It cannot be abolished nor its membership or the
manner of its meeting be changed by mere legislation. (Art. VI, Sec. 4(1))
2. The members of the Judiciary are not subject to confirmation by the Commission on
Appointments.
3. The Members of the Supreme Court may not be removed except to impeachment. ( Art. IX. Sec. 2)
4. The Supreme Court may not be deprived of its minimum original and appellate jurisdiction as
prescribe in Art. VII Sec. 5 of the Constitution.
5. The appellate jurisdictions of the Supreme Court ,ay not be increased by law without its advice
and concurrence. (Art. VI. Sec. 30)
6. The Supreme Court now has administrative supervision over all courts and their personnel.( Art.
VII, Sec.6)
7. The Supreme Court has exclusive power to discipline judges of lower courts. (Art. VII, Sec. 11)
8. The Members of the Supreme Court has exclusive power to discipline judges of courts. (Art. VIII.
Sec 12)VIII, Sec. 10)
9. They shall not be designed to any agency performing quasi-judicial or administrative functions.
(Art. VIII, Sec. 12)
10. The salary of judges may not be reduced during their continuance in office. (Art. VIII, Sec. 10)
11. The Judiciary shall enjoy fiscal autonomy. (Art. VIII, Sec. 3)
12. The Supreme Court itself may initiate rules of court. (Art. VIII, Sec. 5(2) )
13. Only the Supreme Court may order the temporary details of judges. (Art. VIII. Sec. 5(3))
14. The Supreme Court can appoint all officials and employees of the judiciary. (Art. VIII, Sec. 5 (6))

Section2 – The Congress shall have the power to define, prescribe and apportion the jurisdiction of the
various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in
Section 5 thereof.
No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its
Members.

Jurisdiction of Courts
Jurisdiction is defined as the authority whereby a count can render a valid judgment, The
jurisdiction mentioned in the provisions refers to jurisdiction over cases prescribe by the Congress
subject to Constitutional limitations. (e.g. Art VI. Sec. 30)
1. General – when it is empowered to decide all disputes which may come before it except those
assigned to other court.

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:


14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs Page |5

2. Limited – when it has authority to hear and determine only a few specified cases.
3. Original – when it can try and decide a case presented for the first time.
4. Appellate – when it can take a case already heard and decide by a lower court removed from
the latter by appeal.
5. Exclusive – when it can try and decide a case which cannot be presented before any other court.
INFORMATION SHEET FN 14.2.1
The Judicial Department
6. Concurrent – when any one of two or more courts may take cognizance of case.
7. Criminal – that which exist for the punishment of crime, and
8. Civil – that which exist when the subject matter is not of a criminal nature.

Section 3 – The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be
reduced by the legislative below the amount appropriated for the previous year, after approval, shall be
automatically and regularly released.

What is the Meaning of Fiscal Autonomy?


To insure the independence pf the judiciary, the appropriation may not be reduced as provided
above but they may be increased. After approval the appropriation shall be automatically and regularly
released, thus making it financially independent, without having to plead to the president or budget
officials for their release.
Section 4
(1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may
sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be
filled within ninety days from the occurrence thereof.
(2) All cases involving the constitutionality of a treaty, international or executive agreement, or law,
which shall be heard by the Supreme Court en banc, and all other cases which under the Rules
of Court are required to be heard en banc, including those involving the constitutionality,
application, or operation of presidential decrees, proclamations, orders, instructions,
ordinances, and other regulations, shall be decided with the concurrence of a majority of the
Members who actually took part in the deliberations on the issues in the case and voted
thereon.
(3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a
majority of the Members who actually took part in the deliberations on the issues in the case
and voted thereon, and in no case without the concurrence of at least three of such Members.
When the required number is not obtained, the case shall be decided en banc: Provided, that no
doctrine or principle of law laid down by the court in a decision rendered en banc or in division
may be modified or reversed except by the court sitting en banc.

What is the Composition of the Supreme Court?


The Constitution provides that membership in the Supreme Court shall be consist of fifteen (15)
members including the Chief Justice. If ever there is vacancy. It shall be filled withing (90) days from the
occurrence of the said vacancy.

What is en banc? What are Cases that must be Heard En Banc?

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:


14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs Page |6

Under Section 1, the Supreme Court may decide whether or not it sit en banc (i.e., as one or as a
whole) or in divisions of three, five, seven members.
Due to the increase of cases submitted before the Supreme Court, it is probably necessary that
members will sit in division, to increase perhaps its capacity in disposing cases pending before it.

INFORMATION SHEET FN 14.2.2


The Judicial Department

Cases like the Constitutionality of a treaty, international or executive agreement, or low, and all
other causes which under the Rules of Court are required to be heard en banc and the division shall be
based on the concurrence of a majority of the members who actually took part in the deliberation on
the issues in case and voted thereon, and in no case, without the consequence of at least three of such
members. When the required number is not obtained, the case shall ne decided en banc. Provided that
no doctrine or principle of law laid down by the court in a decision rendered en banc or division may be
modified or reserved expect by the court sitting en banc.

Section 5. The Supreme Court shall have the following powers:


(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court
may provide, final judgments and orders of lower courts in:
a) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is
in [Link] cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
b) All cases in which the jurisdiction of any lower court is in issue.
c) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
d) All cases in which only an error or question of law is involved.
e) Assign temporarily judges of lower courts to other stations as public interest may require. Such
temporary assignment shall not exceed six months without the consent of the judge concerned.
(3) Order a change of venue or place of trial to avoid a miscarriage of justice.
(4) 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 integrated bar,
and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade,
and shall not diminish, increase, or modify substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
(5) 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 integrated bar, and
legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and
shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:


14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs Page |7

(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel
thereof.

INFORMATION SHEET FN 14.2.3


The Judicial Department
Powers of the Supreme Court
1. Original Jurisdiction
Under international law, diplomatic, representatives are immune are not subject to the
jurisdiction of the court in the receiving the state. In the principle of international law,
diplomatic representatives are considered extensions of the sovereignty of the State.
A. Over cases affecting ambassadors, public ministers and consuls;
B. Over petitions for Certiorari, Prohibitions, Mandamus, Quo Warranto and Habeas Corpus;
and
C. Review factual basis for the declaration of martial law or suspension of the writ of habeas
corpus.
Privileges and Prerogative of a Diplomat:
A. Inviolability
B. Exemption of person from criminal and civil jurisdiction
C. Immunity of residence from local jurisdiction
D. Jurisdiction within his residence
E. Presidential, ceremonial prerogative according to rank
Privilege and Prerogative of Consular Officers
A. Inviolability of office and archive
B. Immunity from military service burden
C. Exempt from arrest except from criminal charge
D. Exemption from taxation if solely engaged in consular business
E. Exemption from witness duty, through testimony may be taken be deposition or when
instructed by the home government
F. Privilege of placing the arms their State above the outer door, and of flying the national flag
above the consulate or above the vessel when engaged in the discharge of official port duty.
G. In some countries, special privileges similar to those accorded to diplomatic representative.

Meaning of Certiorari, special privileges similar to those Warranto


Certiorari -An order from a superior court requiring a lower court or a board or officer exercising
judicial function to transmit the records of a case to the higher court for review.
Prohibition – A writ by a superior court commanding a lower court of a corporations , board or
person acting without or in excess of its or his jurisdiction, or with abuse of discretion, to desist
from further proceeding in an action matter.
Mandamus – A writ issued by a Supreme Court commanding a lower court or a corporation to
perform certain act which it is or his duty to do.
Quo Warranto – An action by the government to recover an office or franchise from an
individual or corporation usurping or unlawfully holding it.

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:


14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs Page |8

INFORMATION SHEET FN 14.3.1


The Judicial Department
2. Apellate Jurisdiction
In general appeal in statutory right dependent upon like policy of the law making body. Congress
through legislation may provide that decision of a lower courts shall be final and no place for
appeal to the Supreme Court, But this is not absolute. An aggrieved party, in appeal or certiorari,
question the judgment of a lower court before the Supreme Court.
3. Temporary Assignment of Judges
The present Constitution gave sole authority to the Supreme Court assign judges of inferior
courts. This is to avoid miscarrying the police interest, such as, impartial decisions of particular
cases, and transferring of judges that will suit the motivations of the Chief Executive. (Update
the 1935 Constitution, the Executive Department assigns judge to stations.)
4. Changes in the Place of Trial
The Supreme Court may transfer the venue of trial of criminal cases and e very civil case. Take
for example the case of People vs. Guitierrez, 39 SCRA 173, the Supreme Court ordered the
transfer of the place of trial because the witness cannot render their testimony because of fear
of retaliation from the supporters of the accused.
5. Rule-making Power
The increase cases submitted before the Supreme Court may cause delay. Once possible way of
solving delay in the decision of cases pending before the Supreme Court is to set a rule on
decisions of cases by division.
But there are limitations on the rule-making power of the Supreme Court:
a. Provide a simplified and inexpensive procedure for speedy disposition of cases.
b. Uniforms for all courts in the same grade.
c. Shall not diminish, increase or modify substantive rights.
d. Power of Appointment
SC appoints all official and employees of the Judiciary in accordance with Civil Service Law.
e. Power of Administrative Supervision
SC shall have administrative supervision over all courts and the personnel thereof.
f. Yearly Report
Within 30 days from the opening of each session of Congress, the Supreme Court shall
submit to the President and to Congress an annual report on the operation and activities of
the Judiciary.

What is the Power of Judicial Review?


Power of Judicial Review
It is the power of courts to test the validity of executive and legislative acts if same are in
accordance with the Constitution. An expression of Supremacy of Constitution.
Judicial Review Includes:
SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:
14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs Page |9

a. Duty of courts to settle actual and controversies involving rights which are legally
demandable and enforceable; and
b. To determine whether or not there has been a grave above of discretion amounting to lack
or excess of jurisdiction on part any branch or instrumentality of government.

INFORMATION SHEET FN 14.3.2


The Judicial Department
Grave Abuse of Discretion Amounting to Lack of Justice
It is the capricious and whimsical exercise of judgment. The abuse of discretion must be
patent and gross as to amount to an evasion of positive duty or virtual refusal to perform a duty
enjoined by law, or to act at all in contemplation of law, as where the power in exercised in an
arbitrary and despotic manner by reason of passion or hostility.
Justiciable Question
It is given right, legally demandable and enforceable an act or omission violative of such
right, and a remedy granted by law for and breach of right.
Political Questions
It is those question which under the Constitution are to be decided by the people on their
sovereign capacity; or regard to which full discretionary authority has been delegated to the
legislative or executive branches of government.
The provision in Section 6 is one of the significant innovations is the 1973 Constitution and
retained in the 1986 Constitution. Under the 1935 Constitution, the administration and supervision
of the lower courts were played in the executive department. (Department of Justice) and this really
strengthened the independence of the judiciary.
Section 7.
(1) No person shall be appointed Member of the Supreme Court or any lower collegiate court
unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be
at least forty years of age, and must have been for fifteen years or more, a judge of a lower
court or engaged in the practice of law in the Philippines.
(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be
appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine
Bar.
(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and
independence.
What are the Questions of a Member of the Judiciary?
Qualifications of the Members of the Judiciary
Chief Justice and Associate Justice of the Supreme Court
1. National-born citizen;
2. At least 40 years old; and
3. Has been engaged for at least 15 years or more as a judge of lower courts or engaged in
the practice of law in the Philippines.
Presiding Justice and Associate Justice of the Courts of Appeals.
Same qualifications as those provided for Justice of the Supreme Court.
SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:
14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs P a g e | 10

Regional Trial Court Judges.


1. Natural-born citizen;
2. At least 35 years old; and
3. Has been engaged for at least 10 years in the practice of law in the Philippines or has
held public office in the Philippines requiring admission to the practice of law as an
indispensable requisite.
INFORMATION SHEET FN 14.3.3
The Judicial Department

Metropolitan, Municipal and Municipal Circuit Trial Court Judges:


1. Natural-born citizen;
2. At least 30 years old and above; and
3. Has been engaged for at least 5 years in the practice of law in the Philippines or has held
public office in the Philippines requiring admission to the practice of law as an indispensable
requisite.
Section 8.
(1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the
Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex
officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the
Supreme Court, and a representative of the private sector.
(2) The regular members of the Council shall be appointed by the President for a term of four years with the
consent of the Commission on Appointments. Of the Members first appointed, the representative of the
Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two
years, and the representative of the private sector for one year.
(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep a record of
its proceedings.
(4) The regular Members of the Council shall receive such emoluments as may be determined by the
Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for the Council.
(5) The Council shall have the principal function of recommending appointees to the Judiciary. It may exercise
such other functions and duties as the Supreme Court may assign to it.

What is the Principal Functions and Composition of the Judicial Bar Council?
Judicial and Bar Council (JBC) screens the nominations and appointments to the judiciary.
Supervised by the SC, the JCB is composed of the Chief Justice as ex-officio (by virtue of his office or
position of as Chief Justice) chair and the Secretary of the Department of Justice and a representative of
the Integrated Bar of the Philippines, a problem of law, a retired member of the Supreme Court, and a
representative of the private sector. Judicial appointments need no confirmation by the CA.

Section 9. The Members of the Supreme Court and judges of the lower courts shall be appointed by the President
from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such
appointments need no confirmation.
For the lower courts, the President shall issue the appointments within ninety days from the submission of the list.

How are Members of the Judiciary Appointed?


Appointment

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:


14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs P a g e | 11

The Constitution provides for a new method of appointment of members of the judiciary which
is aimed at shielding it from partisan political influences, to ensure that only the competent ones
are selected to constitute the forces that run our justice system; and to facilitate the process of
filling up of vacant items (position) so as to avoid the disruption of operations and the courts.
Justice of the Supreme Court are appointed by the President from a list of three nominees
prepared by the Judicial Bar Council.

References:
• Politics and Philippine Government with 1987 Constitution, Author: Boquiron, Palado and
Paras , Published by HisGoPhil Publishing House Inc., Philippine Copyright 2014
• [Link]
9780230363373_sample.pdf
• C. (2009, January 30). Japan Airlines joins the biofuels race. New York Times. Retrieved
January 30, 2009, from [Link]
joins-the-biofuels-race/.
• [Link]

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:


14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs P a g e | 12

SELF-CHECK FN 14.1.1

1. A writ by a superior court commanding a lower court of a corporations , board or person acting
without or in excess of its or his jurisdiction, or with abuse of discretion, to desist from further
proceeding in an action matter.
2. This is defined as the authority whereby a count can render a valid judgment, The jurisdiction
mentioned in the provisions refers to jurisdiction over cases prescribe by the Congress subject
to Constitutional limitations.
3. An order from a superior court requiring a lower court or a board or officer exercising judicial
function to transmit the records of a case to the higher court for review.
4. Under international law, diplomatic, representatives are immune are not subject to the
jurisdiction of the court in the receiving the state. In the principle of international law,
diplomatic representatives are considered extensions of the sovereignty of the State.
5. This is the adjudicatory power or duty of courts of justice to settle actual controversies involving
Rights.
6. It is given right, legally demandable and enforceable an act or omission violative of such
right, and a remedy granted by law for and breach of right.
7. A writ issued by a Supreme Court commanding a lower court or a corporation to perform certain
act which it is or his duty to do.
8. This is among all other courts, including Sandigan bayan are statutory courts in the sense that
they are creation of law. This is the highest tribunal in the Philippines. It consists of the Chief of
Justice as the head and 14 Associate Justices.
9. They screens the nominations and appointments to the judiciary.
10. An action by the government to recover an office or franchise from an individual or corporation
usurping or unlawfully holding it.

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:


14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs P a g e | 13

SELF-CHECK ANSWER KEY FN 14.1.1

1. Prohibition
2. Jurisdiction
3. Certiorari
4. Original Jurisdiction
5. Judicial Power
6. Justiciable Question
7. Mandamus
8. Statutory Court
9. Judicial and Bar Council (JBC)
10. Quo Warranto

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:


14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs P a g e | 14

STUDENT NAME: __________________________________ SECTION: __________________

WRITTEN WORK FN 14.1.1


WRITTEN WORK TITLE: Illustration

WRITTEN TASK OBJECTIVE: The learners independently discuss the importance and function of
Judicial Department.
MATERIALS:
 Pen and Paper
TOOLS & EQUIPMENT:
 None
ESTIMATED COST: None

INSTRUCTION :
The “Lady Justice ” which means became as the symbol of the judicial system represents
what justice is supposed to be. Explain the different symbolism in essay form.
1. Weighing Scale _________________________________________________
2. Lady __________________________________________________________
3. Blindfold ______________________________________________________
4. Sword ________________________________________________________
5.

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:


14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs P a g e | 15

PRECAUTIONS:
 None
ASSESSMENT METHOD: WRITTEN WORK CRITERIA CHECKLIST

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:


14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs P a g e | 16

STUDENT NAME: __________________________________ SECTION: __________________

WRITTEN OUTPUT CRITERIA CHECK LIST FN 14.1.1

CRITERIA SCORING
Did I . . .
1 2 3 4 5
1. Focus - The single controlling point made with an awareness of
task about a specific topic.
2. Content - The presentation of ideas developed through facts,
examples, anecdotes, details, opinions, statistics, reasons and/or
opinions
3. Organization – The order developed and sustained within and
across paragraphs using transitional devices and including
introduction and conclusion.
4. Style – The choice, use and arrangement of words and sentence
structures that create tone and voice.
5. Conventions – Grammar, mechanics, spelling, usage and sentence
formation.
6. .
7. .
8. .
9. .
10. .
TEACHER’S REMARKS:  QUIZ  RECITATION  PROJECT

GRADE:

5 - Excellently Performed
4 - Very Satisfactorily Performed
3 - Satisfactorily Performed
2 - Fairly Performed
1 - Poorly Performed

_______________________________
TEACHER

Date: ______________________

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:


14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director
Unit The Judicial Department
Module Philippines Politics and Governance
SocSci The Judicial Department Units: 80hrs P a g e | 17

SUBJECT TEACHER: APPROVED FOR IMPLEMENTATION:


14th
MODULE
MidTerm
14 Meeting MS. PEARL NOGRA-FABIA MR. WILBERT A. MAÑUSCA
Subject Teacher School Director

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