Judiciary
Judiciary
Legal Basis
The Philippine Constitution of 1935 [Section 1, Article VIII on the Judicial Department (The Judiciary,
under the 1973 Constitution) cites: “The judicial power shall be vested in one Supreme Court and in
such inferior courts (lower courts, under the 1987 Constitution) as may be established by law.”
751
752
SUPREME COURT OF THE PHILIPPINES
AND THE LOWER COURTS
Legal Basis
• The Philippine Constitution of 1935,1973,1987 vested judicial power in one Supreme Court
and in such lower courts as may be established by law.
• Batas Pambansa Blg. 129 (August 14, 1981), Judiciary Reorganization Act of 1980, created
first-level courts [Metropolitan Trial Courts (MeTCs) established in Metropolitan Manila, Municipal
Trial Courts in Cities (MTCCs) outside Metropolitan Manila, Municipal Trial Courts (MTCs) in
each of the other cities or municipalities, and Municipal Circuit Trial Courts (MCTCs) in each
circuit comprising such cities and/or municipalities as grouped by law] and second-level courts
[Regional Trial Courts (RTCs) established in each of the 13 regions in the Philippines].
• Presidential Decree No. 1083 (February 4, 1997) established Shari’a Courts in Islamic regions
and provinces to interpret and apply the Code of Muslim Personal Laws, with Shari’a Circuit
Courts (SCCs) and the Shari’a District Courts (SDCs), at the same level as the Municipal Circuit
Trial Courts (MCTCs) and Regional Trial Courts (RTCs), respectively.
Mandate
The Supreme Court of the Philippines and the Lower Courts perform adjudicative functions vested
on them by the Philippine Constitution and other applicable laws. Their judicial power includes “the
duty of the courts of justice to settle actual 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 of or excess of jurisdiction on the part of any branch or instrumentality of the
Government.”
753
LOGICAL FRAMEWORK (SCPLCs)
A Just, Peaceful
Societal Goal & Progressive Society
Rule of Law
Sectoral Goal
P/A/Ps
- Metropolitan Trial -
Court (MeTC)
- Municipal Trial
Court in Cities
(MTCC)
- Municipal Trial
Court (MTC)
- Shari’a District
Court (SDC)
754
PERFORMANCE MEASURES AND TARGETS
(Amounts in Thousand Pesos)
MFO 2
Admission to the Philippine Bar P 23,257 P 19,506 P 31,409
No. of applications to bar processed 6,678 6,600 6,500
No. of certificates of admission issued 2,155 2,155 2,155
No. of other certificates 11,872 11,300 11,400
No. of resolutions/dec. of admin. cases 442 1,500 2,000
755
FY 2010 MFO Budget
MFO 2
Admission to the Philippine Bar - 31,409 - 31,409 0.27%
BY MFO
(Total Budget = P11,662,849,000)
MFO 2
0.27%
MFO 1
99.73%
By Expense Class
(Total Budget = P 11,662,849,000)
MOOE
25.97%
PS
74.03%
756
Presidential Electoral Tribunal
Legal Basis
• Batas Pambansa Blg. 884 (December 3, 1985) created an independent Presidential Electoral
Tribunal to try, hear, and decide election contests in the Office of President and Vice-President
of the Philippines.
Mandate
The Presidential Electoral Tribunal is the sole judge of all contests relating to the election, returns,
and qualifications of the President and the Vice-President of the Philippines and promulgates rules
for the purpose. The Tribunal hears and decides en banc all presidential and vice-presidential
election contests. It exercises the same powers which the law confers upon the courts of justice,
including the issuance of subpoena and subpoena duces tecum, the taking of depositions, the
arrest of witnesses for the purpose of compelling their appearance, the production of documents
and other evidence, and the compulsory compliance with its orders.
757
LOGICAL FRAMEWORK (PET)
Societal Goal
Democratic Institution
Strengthened
Organizational Outcome
Fair and Speedy
Resolution of Electoral
Cases
Involving the President
and the Vice President of
the Republic
of the Philippines
Decisions/Resolutions of
Electoral Cases Involving
the President and the Research Studies
Vice President
P/A/P
Adjudication of Electoral Cases/Contests
Involving the President and Vice President
of the Philippines
758
PERFORMANCE MEASURES AND TARGETS
(Amounts in Thousand Pesos)
MFO 2
Research Studies P 11,890 P 11,973
MFO 2
Research Studies 9,512 2,461 - 11,973 20.00%
759
BY MFO
( Total Budget = P59,867,000)
MFO 2
20.00%
MFO 1
80.00%
By Expense Class
( Total Budget = P59,867,000)
MOOE
20.56%
PS
79.44%
760
Sandiganbayan
Legal Basis
• The Philippine Constitution of 1973 (Sec. 5, Article VIII) created a special court, known as
Sandiganbayan, with jurisdiction over criminal and civil cases involving graft and corrupt practices
and such other offenses committed by public officers and employees, including those in
government-owned or controlled corporations, in relation to their office as may be determined
by law.
• Presidential Decree No. 1486 (June 11, 1978) supported the creation of the Sandiganbayan as
provided for under the 1973 Constitution.
• Presidential Decree No. 1606 (January 10, 1979), revised PD 1486, elevating the Sandiganbayan
to the same level as the Court of Appeals.
• Presidential Decree No. 1861 (March 23, 1983) amended pertinent provisions of PD 1606 and
Batas Pambansa Blg. 129 relative to the exclusive original jurisdiction of the Sandiganbayan
over cases involving violations of RA 3019 (Anti-Graft and Corrupt Practices Act) and other
offenses or felonies committed by public officers and employees in relation to their office.
• Executive Order No. 14 (May 7, 1986), as amended by EO 14-A (August 18, 1986), defined the
jurisdiction of the Sandiganbayan over cases filed by the Philippine Commission on Good
Government (PCGG) involving the ill-gotten wealth of the Marcos family and relatives.
• The Philippine Constitution of 1987 (Sec. 4, Article XI) provided for the anti-graft court known
as the Sandiganbayan to continue to function and exercise its jurisdiction over graft and corruption
practices provided by law.
• Republic Act 7975 (March 30, 1995) strengthened the functional and structural organization of
the Sandiganbayan.
• Republic Act 8249 (February 5, 1997) further defined the jurisdiction of the Sandiganbayan,
amending for the purpose PD 1606.
Mandate
The Sandiganbayan (SB) tries and decides criminal and civil cases against government officials
and employees accused of graft and corruption and similar other offenses.
761
LOGICAL FRAMEWORK (SB)
Rule of Law
Sectoral Goal
P/A/Ps
Plans, Processes Manages Conducts Serves and Renders and Adjudicates Prepares
Implements Requests for Information Court Implements Promulgates Cases Entries
and Evaluates Statistical Systems, Trial/Hearing of Court Cases of Judgment,
Programs for Data, Monitors Cases Warrants, Writ Issues
Systematic Maintains Status of of Executions, Copies
Management and Updates Cases Subpoenas, of Decisions,
of Judicial Statistical Court Orders Resolutions
Records Data and Orders
762
PERFORMANCE MEASURES AND TARGETS
(Amounts in Thousand Pesos)
By Expense Class
(Total Budget = P303,121,000)
CO
28.08% PS
40.05%
MOOE
31.87%
763
Court of Appeals
Legal Basis
z Commonwealth Act No. 3 (December 31, 1935) created the Court of Appeals, introducing a
new appellate layer between the Supreme Court and the courts of first instance.
z Commonwealth Act No. 259 (March 1938) named Appellate Judges as Associate Justices and increased
their number from the original 11 magistrates to 15 (further increased to 19 by EO 395, December 1941).
z Executive Order No. 27 (January 1944) regionalized the Court of Appeals pursuant to Act. No.
10 of the Japanese-sponsored Philippine Republic.
z Republic Act No. 52 (October 4, 1946) re-created the Court of Appeals (abolished by President
Sergio Osmeña through EO 37, March 1945), with a Presiding Justice and 14 Associate Justices.
z Republic Act No. 296 (June 1948), the Judiciary Act of 1948, introduced the petition for review
as a mode of review of decisions of the courts of first instance.
z Presidential Decree No. 1482 (June 10, 1978) increased the membership of the Court from 18
(RA 1605, August 1956) and 24 (RA 5204, June 1968) to 45 Justices.
z Batas Pambansa Blg. 129 (August 14, 1981), the Judiciary Reorganization Act of 1980, converted
the Court of Appeals into the Intermediate Appellate Court consisting of a Presiding Appellate
Justice and 49 Associate Appellate Justices.
z Executive Order No. 33 (July 28, 1986) restored the original name to Court of Appeals with a
Presiding Justice and 50 Associate Justices.
z Republic Act No. 7902 (February 23, 1995) expanded the jurisdiction of the Court of Appeals,
amending for the purpose Section Nine of Batas Pambansa Blg. 129.
z Republic Act No. 8246 (December 30, 1996) created six additional Divisions in the Court of
Appeals, increasing the number of CA Justices from 51 to 69 Justices.
Mandate
The Court of Appeals is vested with the power to review all final judgments, decisions, resolutions, orders or
awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commissions,
except those falling within the appellate jurisdiction of the Supreme Court; to try cases and conduct hearings,
receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling
within its original and appellate jurisdictions, including the power to grant and conduct new trials or further
proceedings. It issues writs of mandamus prohibition, certiorari, habeas corpus, quo warrant and auxiliary
writs or processes, and writs of amparo and habeas data in the exercise of its concurrent jurisdiction with the
Supreme Court, Sandigabayan, and the Regional Trial Courts.
764
LOGICAL FRAMEWORK (CAP)
Rule of Law
Sectoral Goal
765
PERFORMANCE MEASURES AND TARGETS
(Amount in Thousand Pesos)
FY 2008 FY 2009 FY 2010
Particulars
Actual / Amount Target / Amount Target / Amount
MFO
By Expense Class
(Total Budget = P829,420,000)
MOOE
31.98%
PS
68.02%
766
Court of Tax Appeals
Legal Basis
z Republic Act No. 1125 (June 16, 1954) created the Court of Tax Appeals, a special Court
mandated to address the adjudication of appeals involving internal revenue tax and customs
cases of the Commissioner of Internal Revenue and the Commissioner of Customs, respectively.
z Republic Act No. 9282 (March 30, 2004) expanded the jurisdiction of the Court of Tax Appeals,
elevated its rank to the level of a collegiate court with special jurisdiction, and enlarged its
membership to a Presiding Justice and five Associate Justices.
z Republic Act No. 9503 (June 12, 2008) otherwise known as the act enlarging the organizational
structure of the Court of Tax Appeals, amending for the purpose certain sections of the law
creating the Court of Tax Appeals, and for other purposes. This law created the Third Division of
the Court of Tax Appeals.
Mandate
The Court of Appeals (CTA) has exclusive appellate jurisdiction to review by appeal decisions or
inaction of the Commissioner of Internal Revenue or of the Commissioner of Customs involving
their respective responsibilities under the National Internal Revenue Code and the Customs Law,
respectively, and those of the Secretary of Finance in automatic review cases where the decisions
of the Commissioner of Internal Revenue or of Customs favorable to the taxpayer are elevated to
the Finance Secretary; also those of the Secretary of Trade and Industry, in the case of non-
agricultural product, commodity or article; or the Secretary of Agriculture, in the case of agricultural
product, commodity or article, in connection with the imposition of the Anti-Dumping Duty,
Countervailing and Safeguard Duty. This original and appellate jurisdiction includes criminal cases
involving violations of the National Internal Revenue Code or the Tariff and Customs Code; decisions
of Regional Trial Courts (RTCs) in local tax cases, and of the Central Board of Assessment Appeals
(CBAA) in cases involving the assessment and taxation of real property; and collection of taxes the
assessment of which has already become final.
767
LOGICAL FRAMEWORK (CTA)
Societal Goal
A Just, Peaceful and Progressive Society
768
PERFORMANCE MEASURES AND TARGETS
(Amount in Thousand Pesos)
By Expense Class
(Total Budget = P128,513,000)
MOOE
16.39%
PS
83.61%
769
770