HOME

Philippines

Government / The Judicial Branch

The Judiciary is charged with the interpretation and application of the laws enacted by Congress and enforced by the executive branch. This judicial power of the state is vested in a system and hierarchy of courts - the Supreme court and other lower courts. One difference between the Philippines and nations whose law is based on the English common law is the lack of a jury or trial by jury. This branch of government is the only one whose members are not elected and do not have a fixed term of office.

The Supreme Court is composed of one Chief Justice and 14 associate justices who have been appointed to the bench. Before the 1986 constitution became effective members were appointed by President Corazon Aquino. Subsequent appontments, in case of vacancy, are based on the nomination of three candidates by the Judicial or Bar Council composed of the Chief Justice of the Supreme Court, as an ex-officio member, a representative from the Integrated bar of the Philippines and a retired member of the Supreme Court. From the nominees, the President will make an appointment. Retirement age for the members of the Judiciary is 70. Before reaching retirement Supreme Court Justices may be removed from office only by impeachment.

The Supreme Court exercises administrative supervision over the lower courts and their personnel. It has its power to appoint its officials and employees in accordance with the Civil Service Law as well as the power to assign temporary judges in inferior courts. With its power to appoint goes the disciplinary power over judges of the lower courts. It has the power to promulgate rules regarding pleadings, practice and procedures in all courts and admission to the bar. Likewise it has the power to promulgate rules and regulations relative to the protection and enforcement of constitutional rights and legal assistance to the underpriveledged and to disapprove rules of procedures adopted by special courts or quasi-judicial bodies.

To qualify as a member of the Supreme Court, one must be a natural born Filipino citizen, at least 40 years of age with 15 years as a judge or law practise.

The Supreme Court is the court of last resort in determining question of constitutionality of any law, order, regulation or official act. Its judgment is always final and becomes a part of the law of the land. It has exclusive original jurisdiction on petitions for the issuance of various writs against the Intermediate Appellate Court, Commission on Election, Court of Tax Appeals, Court of Industrial Relations, Public Service Commission, Workmen's Compensation Commission and the auditor General. It has also jurisdiction over contests relating to election returns.

The Supreme court has 24 months to render decisions, resolutions or order on cotroversies before it.

The lower courts are composed of the Intermediate Appellate Court (IAC), Regional Trial Court (RTC), Metropolitan Trial Court (MTC), Municipal Trial Court (MUTC) and the Municipal Circuit Trial Court (MCTC).

Members of the Intermediate Appellate Court, 51 in all, including the Presiding Justice, must possess the same qualifications as members of the Supreme Court. They are appointed in the same manner.

The Intermediate Appeallate Court is more often called the collegiate court, because, like the Supreme Court, despite being considered a lower court it is not subject to territorial jurisdiction.

It can issue various writs. It has exclusive appellate jurisdiction on orders or awards of the regional trial courts, quasi-judicial agencies except those falling within the appellate jurisdiction of the Supreme Court. The Intermediate applelate court can try cases, conduct hearings, receive new evidence and perform acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction including the power to grant and conduct a new trial.

The regional trial court is composed of 13 regional courts with branches spread all over the provinces within The Country . At present there are 172 regional trial courts in the National Capital Region and some 550 in different provinces. In every court, one judge is assigned to preside. The court is usually in the capital of the province. The judge must be a natural born Filipno citizen, 40 years of age with 10 years law practice or position in public office. Other officers of the Regional Trial Court are the fiscal and and the Clerk of Court who are both admitted to the bar in the Philippines and serve under the Department of Justice. The fiscal corresponds to the prosecuting attorney in the US.

The regional Trial court has jurisdiction over all civil cases involving title or possession of real property or any interest therein, or legality of tax, impost or assessment. It has jurisdiction on admiralty or maritime cases, all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions, all civil actions and special proceedings within the exclusive original jurisdiction of the Juvenile and Domestic Relations Court and the Court of Agrarian Reform.

It can issue various writs in its respective region. In criminal cases, it has jurisdiction over cases not subject to trial by the MTC, MUTC and MCTL. It has appellate jurisdiction over all cases tried by the MTC, MUTC and MCTC.

A Municipal Trial Court is found in every municipality or city of a province while the Metropolitan Trial Court, as of this writing, is limited to the National Capital Region. However, the Supreme Court intends to institute Metropolitan Trial Courts in such other territories whose jurisdiction is co-extensive with the cities and municipalities comprising the metropolitan area. The general rule is that for one city, one municipal court, except for some 31 cities with more than one Municipal Trial Court due to their higher degree of urbanization. At present, Tere are 1,023 Municipal Trial Courts and 82 Metropolitan Trial Courts in The Country .

Municipal Trial Courts and Metropolitan Trial Courts have jurisdiction over civil actions and probate preceedings, as well as cases of forcible entry. Likewise, it has jurisdiction over cases of land registration. In the absence of a Regional Trial Court in a province, it may hear and decide petitions for writs of habeas corpus or application for bail in criminal cases.

To be a judge in these courts, one must be a natural born Filipino citizen, at keast 35 years old with 5 years law practice in a government office. Lower court judges have a term of 10 years with no restriction on re-appointment

**********

Most men are not aware that penile tissue can be trained just as one's biceps' muscular tissue. It's somehow an embarrassing topic, so few books have been published on the topic, and it's also not picked up by your TV health and fitness programs, or by generally circulating magazines.