JUDICIARY BRANCH OF THE REPUBLIC OF THE PHILIPPINES

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 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 or excess of jurisdiction
on the part of any branch or instrumentality of the government. (Art. VIII, Sec. 1 of the 1987
Constitution of the Philippines)

STRUCTURE OF THE JUDICIAL BRANCH

The Judiciary enjoys fiscal autonomy. Appropriations for the Judiciary may not be reduced by
the legislature below the amount appropriated for the previous year and, after approval, shall be
automatically and regularly released (Art. VIII, Sec. 3 of the 1987 Constitution of the Philippines)
 The judiciary branch of the government is headed by the Supreme Court, composed of a
Chief Justice and 14 Associate Justices. Under the Supreme Court are three lower levels of regular
courts which are hierarchical in nature.

The Third Level Courts are composed of the Court of Appeals, Sandiganbayan, and Court of
Tax Appeals.

The Second Level Courts also known as the Regional Trial Courts (RTCs), which were
established among the thirteen (13) judicial regions in the Philippines consisting of Regions I to XII
and the National Capital Region. There are as many RTCs in each region as the law mandates. The
RTCs were formerly called the Court of First Instance since the Spanish era. It was only in the
Judiciary Reorganization Act of 1980 that its name was changed from being called the Court of First
Instance to Regional Trial Court.

The First Level Courts is composed of the following: Metropolitan Trial Courts (MeTC) are
first level courts in Metro Manila; Municipal Trial Courts (MTC) are first level courts in each
municipality; Municipal Trial Courts in Cities are first level courts in each city outside Metro Manila;
and Municipal Circuit Trial Courts (MCTC) are first level courts in two or more municipalities.

APPOINTMENTS TO THE JUDICIARY

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. (Art. VIII, Sec. 7 (1) of the 1987 Constitution of the
Philippines).

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. (Art. VIII, Sec. 7 (2) of the 1987 Constitution of the Philippines).

A Member of the Judiciary must be a person of proven competence, integrity, probity, and
independence (Art. VIII, Sec. 7 (2) of the 1987 Constitution of the Philippines).

By virtue of Article VIII, Section 8, appointments to the judiciary are made by the President
of the Philippines based on a list submitted by the Judicial and Bar Council which is under the
supervision of the Supreme Court. Its principal function is to screen prospective appointees to any
judicial post. It is composed of the chief justice as ex-officio chairman, the Secretary of Justice and
representatives of Congress as ex-officio members, and a representative of the Integrated Bar, a
professor of law, a retired member of the Supreme Court and a representative of the private sector
as members.

The Members of the Supreme Court and judges of the lower court shall hold office during
good behavior until they reach the age of seventy years or become incapacitated to discharge the
duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower
courts, or order their dismissal by a vote of majority of the Members who actually took part in the
deliberations on the issues in the case and voted in Thereon. (Section 11. of the 1987 Constitution of
the Philippines)

DUTIES AND RESPONSIBILITIES

SUPREME COURT
Based on the 1987 Constitution, Article VIII, Section 5, the Supreme Court exercises
jurisdiction over cases affecting ambassadors, public ministers, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.

SC is mandated to 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 the lower courts all cases in
which the constitutionality or validity of any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance; all cases involving legality of any tax
or penalty imposed, all criminal cases in which the penalty imposed is reclusion perpetua or higher;
and all cases in which only an error or question of law is involved.

SC assigns temporary judges of lower courts to other stations as public interest may require.
Such temporary assignments shall not exceed six months without the consent of the judge
concerned, and order a change of venue or place of trial to avoid a miscarriage of justice.

If ever there are conflicts between the branches of the government, the Judiciary is deemed
to be the branch to mediate conflicts.

The Supreme Court also performs the following additional roles:

PRESIDENTIAL ELECTORAL TRIBUNAL
The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the
election, returns, and qualifications of the President or Vice-President, and may promulgate its rules
for the Purpose. (Section 4 (7) of the 1987 Constitution of the Philippines).

FACILITATION OF THE ADMISSION TO THE PRACTICE OF LAW

As stated in Article VIII, Section 5(5) of the 1987 Constitution, the Supreme Court
administers yearly examinations in eight bar subjects to determine who should be admitted to the
practice of law.

INTEGRATION OF THE BAR

In addition to the administration of Bar Exams, the Supreme Court also facilitates the official
unification of all lawyers in the country through the Integrated Bar of the Philippines (IBP).

THE THIRD LEVEL COURTS

The Court of Appeals

The Court of Appeals was established on February 1, 1936 by virtue of Commonwealth Act
No. 3 and is considered as the second highest tribunal in the country. It is composed of one presiding
justice and 68 associate justices, all of which are appointed by the President from a shortlist
submitted by the Judicial and Bar Council. The associate justices shall have precedence according to
the dates (or order, in case of similar appointment dates) of their respective appointments. The
qualifications for the justices of the Supreme Court also apply to members of the Court of Appeals.

The Court of Appeals’ principal mandate is to exercise appellate jurisdiction on all cases not
falling within the original and exclusive jurisdiction of the Supreme Court. Its decisions are final
except when appealed to the Supreme Court on questions of law. The jurisdiction of the Court of
Appeals are as follows:

● Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas

corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of
its appellate jurisdiction;

● Exclusive original jurisdiction over actions for annulment of judgements of Regional

Trial Courts; and

● Exclusive appellate jurisdiction over all final judgements, resolutions, orders or

awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards
or commission.

The Court of Appeals shall also have the power to try cases and conduct hearings, receive 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 new trials or proceedings.

THE SECOND LEVEL COURTS

Regional Trial Courts are also known as Second Level Courts, which were established among
the thirteen Judicial regions in the Philippines consisting of Regions I to XII and the National Capital
Region (NCR). There are as many Regional Trial Courts in each region as the law mandates. RTCs
were formerly called as the Court of First Instance since the Spanish era. It was only in the Judiciary
Reorganization Act of 1980 that its name was changed from being called the Court of First Instance
to Regional Trial Court.

THE FIRST LEVEL COURTS

Each city and municipality in the Philippines has its own trial court. These First Level Courts
are more commonly referred to as Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities
(MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial Courts (MCTC). The MeTCs are the
first level courts in the Metropolitan Manila area. First level courts in cities outside Metropolitan
Manila are referred to as the MTCCs. The MTCs are first level courts that cover only one
municipality, whereas MCTCs cover multiple municipalities.

The Shari'a District & Circuit Courts

The Shari’a District Courts are equivalent to the Regional Trial Courts in rank, which were
established in certain provinces in Mindanao where the Muslim Code on Personal Laws is being
enforced. On the other hand, the Shari’a Circuit Courts are the counterpart of the Municipal Circuit
Trial Courts established in certain municipalities in Mindanao.
THE CURRENT HEAD OF THE JUDICIAL BRANCH
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. (Art. VIII, Sec. 4.(1) of the 1987 Constitution of
the Philippines)

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. (Art. VIII, Sec. 9 of the 1987 Constitution
of the Philippines)

Members of the Court

● Chief Justice Alexander G. Gesmundo - 27th Chief Justice of the Philippines.
● Justice Marvic Mario Victor F. Leonen
● Justice Alfredo Benjamin S. Caguioa
● Justice Ramon Paul L. Hernando
● Justice Amy C. Lazaro-Javier
● Justice Henri Jean Paul B. Inting
● Justice Rodil V. Zalameda
● Justice Mario V. Lopez
● Justice Samuel H. Gaerlan
● Justice Ricardo R. Rosario
● Justice Jhosep Y. Lopez
● Justice Japar B. Dimaampao
● Justice Jose Midas P. Marquez
● Justice Antonio T. Kho, Jr.
● Justice Maria Filomena D. Singh

SALARIES AND ALLOWANCE OF JUDGE (PER EXEC. ORDER NO. SL V 1s tranche - 1/1/2020) AND PER
COURT RESOLUTION EN BANC DATED JUNE 26. 2018 UPGRADING OF MTCC, MCTC, MTC, SHCC TO
SG 28
The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of
judges of lower courts, shall be fixed by law. During their continuance in office, their salary shall not
be decreased. (Art. VIII, Sec. 10 of the 1987 Constitution of the Philippines).

Under RA No. 6758, the salary grades of positions of constitutional officials are as follows:
● Chief Justice of the Supreme Court – 32;
● Presiding Justice of the Court of Appeals and Sandiganbayan – 31;
● Associate Justice of the Court of Appeals and Sandiganbayan – 30.

Based on the Salary Standardization Law Fourth Tranche which became effective in 2019, SG
30 is equivalent to PhP 175,184, SG 31 is equivalent to PhP 257,809, and SG 32 is equivalent to PhP
307,365.
 Also, per RA 9277, all justices, judges and all other positions in the Judiciary with the
equivalent rank of justices of the Court of Appeals of the Regional Trial Court as authorized under
existing laws shall be granted special allowances equivalent to one hundred percent (100%) of the
basic monthly salary specified for their respective salary grades under Republic Act No. 6758, as
amended, otherwise known as the Salary Standardization Law, to be implemented for a period of
four (4) years.

OUTPUT OF:
ACUNA, Myla
CAIGA, Danielle Van Nicole
DECENA, Irene L.
MAMARIL, Karen Joy
RESPICIO, Jerimae
ROMERO, Ruth Ann
SALES, Gerone
September 16, 2022