The Roles and Responsibilities of the Philippine Judiciary

Have you ever wondered how legal disputes are settled, how justice is served when a law is violated, or where citizens can seek redress when the government oversteps its authority? These critical questions fall under the domain of the Philippine Judiciary, the branch of government responsible for interpreting and applying the law.

The national government operates under a system of separation of powers and checks and balances, comprising three co-equal branches: the Legislative (enacts laws), the Executive (implements laws), and the Judiciary (interprets and adjudicates laws).

The Concept of Judicial Power

The power to decide on legal disputes is called Judicial Power.

Article VIII, Section 1 of the 1987 Constitution explicitly states that judicial power shall be vested in one Supreme Court and in such other lower courts as may be established by law.

The Scope of Judicial Power

The same section defines Judicial Power as having a dual duty:

1. To settle actual controversies involving rights which are legally demandable and enforceable.
2. 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 (an aspect known as Expanded Judicial Review).

The central function of judges, therefore, is to adjudicate and interpret the law.

Manifestations of Judicial Independence

The Philippine judiciary is designed to be an independent, coequal, and coordinate branch of government. This independence is safeguarded and manifested through several constitutional provisions:

• Creation of the Judicial and Bar Council (JBC): The JBC recommends nominees for judicial positions, limiting the President’s discretion.
• Expanded Power of Judicial Review: The courts can review the actions of the executive and legislative branches for grave abuse of discretion.
• Fiscal Autonomy of the Judiciary: The judiciary’s budget may not be reduced by the executive or legislative branches.
• Power to Review Proclamation of Martial Law and Suspension of the Writ of Habeas Corpus: The Supreme Court can review the factual basis of the President’s actions within a limited timeframe.
• Security of Tenure of the Judges: Judges hold office during good behavior until the age of 70, protecting them from arbitrary removal.
• The Supreme Court as Judge in Presidential Elections: The Supreme Court, sitting en banc, acts as the Presidential Electoral Tribunal (PET).

Structure, Organization, and Composition of the Judiciary

The judiciary is comprised of a system of regular courts and special courts.

A. Regular Courts

The regular courts, tasked with administering justice, are organized into four levels (the first two being review courts, and the last two being trial courts):

1. Supreme Court (The Court of Last Resort)
2. Court of Appeals
3. Regional Trial Courts (RTCs)
4. Lower Trial Courts: Metropolitan Trial Courts (MeTCs), Municipal Trial Courts (MTCs), Municipal Circuit Trial Courts (MCTCs), and Municipal Trial Courts in Cities (MTCCs).

B. Special Courts

These tribunals have limited jurisdiction over specific cases or controversies:

• The Sandiganbayan: A special court with jurisdiction over civil and criminal cases (including graft and corruption) committed by public officers and employees and those in government-owned or government-controlled corporations.
• The Court of Tax Appeals (CTA): Retains exclusive appellate jurisdiction to review not only civil tax cases but also those that are criminal in nature.
• Shari’a Courts: Similar powers to regular courts, but their jurisdiction is limited to Muslim Filipinos.

C. Quasi-Judicial Agencies

The expanded judicial system also includes quasi-courts or quasi-judicial agencies. These bodies exercise adjudicatory powers in certain types of controversies. Examples include the Civil Service Commission (CSC), the Commission on Elections (COMELEC), and the Commission on Audit (COA).

The Supreme Court: The Apex of the Judiciary

The Supreme Court (SC) is composed of a Chief Justice and 14 Associate Justices.

Powers of the Supreme Court (Article VIII, Section 5):

1. Original Jurisdiction: Over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
2. Appellate Jurisdiction (Review Powers): Review, revise, reverse, modify, or affirm final judgments and orders of lower courts in:
   • All cases involving the constitutionality or validity of any law, treaty, executive agreement, or regulation.
   • All cases involving the legality of any tax or toll.
   • All cases in which the jurisdiction of any lower court is in issue.
   • All criminal cases in which the penalty imposed is reclusion perpetua or higher.
   • All cases in which only an error or question of law is involved.
3. Administrative Supervision: The SC has administrative supervision over all lower courts and their personnel (Section 6).
4. Rule-Making Power: Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, and the admission to the practice of law (Integrated Bar, legal assistance).
5. Assign Judges: Temporarily assign judges of lower courts to other stations (not exceeding six months without consent).
6. Change of Venue: Order a change of venue or place of trial to avoid a miscarriage of justice.
7. Appoint Officials: Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.

The Judicial and Bar Council (JBC)

The JBC is created under the supervision of the Supreme Court with the principal function of recommending appointees to the Judiciary (Section 8). This body is a check on the President’s appointing power.

Its composition includes the Chief Justice (ex officio Chairman), the Secretary of Justice, a representative of the Congress (ex officio Members), and representatives from the Integrated Bar, law professors, a retired Supreme Court Justice, and the private sector. The President appoints these members, but their appointments need no confirmation by the Commission on Appointments.

Qualifications, Appointment, and Removal of Members of the Judiciary

Qualifications

For the Supreme Court (Article VIII, Section 7, paragraph 1), a Justice must be a:

• Natural-born Filipino citizen.
• At least 40 years old.
• Must have been for 15 years or more a judge of a lower court or engaged in the practice of law in the Philippines.
• Of proven competence, integrity, and probity.

For lower court judges, they must be a citizen of the Philippines and a member of the Philippine Bar.

Appointment and Tenure

Members of the Supreme Court and judges of the lower courts are appointed by the President from a list of at least three nominees prepared by the JBC for every vacancy. These appointments need no confirmation.

Judges and Justices hold office during good behavior until they reach 70 years old, or become incapacitated to fulfill their duties (Section 11).

Removal

Supreme Court Justices, like the President and Vice President, may be removed from office only through impeachment (Article XI, Section 2). The authority to discipline and dismiss judges of lower courts is vested in the Supreme Court en banc.

Finally, Supreme Court members and judges of other courts are prohibited from being designated to any agency that performs quasi-judicial or administrative functions (Section 12).

Issues, Challenges, and Prospects

The Philippine judicial system faces chronic issues that hinder its performance and public trust:

• Perceptions of Corruption and Political Interference: Widespread perceptions of graft, corruption, and political patronage continue to threaten judicial independence, as highlighted by issues ranging from the ouster of Chief Justice Renato Corona to the quo warranto petition against Chief Justice Ma. Lourdes Sereno.
• Delay and Inefficiency: The slow pace of judicial administration, often referred to as “justice delayed is justice denied,” remains a significant challenge.
• Limited Access to Justice: The poor often have far less access to justice compared to those with connections, and high-level corruption is rarely prosecuted.
• Technological Gap: The judiciary needs to address the growing complexity of legislation and the need for advanced technologies to cope with the challenges of the digital age.

Despite these challenges, judicial reform is a continuous endeavor. Creating a strong, apolitical judiciary is crucial for democratic consolidation. It is important to realize that judicial reform is not solely the task of the judicial branch, but involves all stakeholders in the expanded justice system: the other government branches, various public and private agencies, and the Filipino people.