JUDICIAL DEPARTMENT

XI. JUDICIAL DEPARTMENT: Political Law and Public International Law

The Judicial Department under the 1987 Philippine Constitution is a fundamental component of the separation of powers within the government. It is responsible for adjudicating disputes, interpreting the laws, and ensuring justice in accordance with the Constitution. The judiciary is composed of courts, with the Supreme Court as the highest authority.

A. Structure and Composition of the Judiciary

1. Supreme Court

   • The Supreme Court is the highest judicial authority in the Philippines, with both appellate and original jurisdiction. It is composed of a Chief Justice and fourteen (14) Associate Justices, who are appointed by the President from a list submitted by the Judicial and Bar Council (JBC).

2. Lower Courts

   • Below the Supreme Court are lower courts, which include:
     • Court of Appeals
     • Regional Trial Courts (RTC)
     • Municipal Trial Courts (MTC)
     • Shari’a Courts
     • Sandiganbayan (a special court handling corruption cases involving government officials)
     • Court of Tax Appeals

B. Powers of the Judiciary

1. Judicial Power

   • Judicial power is vested in the judiciary, particularly the Supreme Court. Under Article VIII, Section 1 of the Constitution, judicial power includes the duty to settle actual controversies involving rights that are legally demandable and enforceable, and to determine whether 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.

   The scope of judicial power includes:

   • Interpretation of laws and the Constitution
   • Judicial review (to assess the constitutionality of laws, executive orders, and administrative acts)
   • Rule-making power (the Supreme Court has the authority to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts)

2. Judicial Review

   • The Supreme Court can exercise judicial review over actions or laws passed by the legislative and executive branches. For judicial review to be valid, the following requisites must be met:
     • Actual case or controversy: There must be a conflict between parties.
     • Legal standing: The party invoking the judicial review must have a personal and substantial interest in the case.
     • Constitutionality question must be raised at the earliest opportunity: The issue of constitutionality should be raised in the first instance, otherwise, it is considered waived.
     • Operative fact doctrine: Even if a law is declared unconstitutional, the effects of such law before its nullification may be recognized.

C. Independence of the Judiciary

1. Security of Tenure

   • Justices and judges hold office during good behavior until they reach the age of seventy (70) or become incapacitated to discharge their duties. They cannot be removed except by impeachment.

2. Fiscal Autonomy

   • The judiciary enjoys fiscal autonomy, meaning their appropriations, once approved, are automatically and regularly released.

3. Prohibition Against Salary Reduction

   • The Constitution protects the salaries of justices and judges from being diminished during their continuance in office.

4. Appointment and Removal

   • Appointments to the judiciary are made by the President based on recommendations by the JBC, an independent constitutional body composed of representatives from different sectors (the judiciary, the legal profession, academe, etc.).
   • Impeachment is the only method for removing a justice of the Supreme Court. Grounds for impeachment include:
     • Culpable violation of the Constitution
     • Treason
     • Bribery
     • Graft and corruption
     • Other high crimes or betrayal of public trust

D. Jurisdiction of Courts

1. Original Jurisdiction

   • The Supreme Court has original jurisdiction over the following:
     • Cases affecting ambassadors, public ministers, and consuls
     • Petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

2. Appellate Jurisdiction

   • The Supreme Court also has appellate jurisdiction to review, revise, reverse, modify, or affirm judgments or final orders of lower courts. This appellate power extends to:
     • All cases where the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.
     • Cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
     • Criminal cases where the penalty imposed is reclusion perpetua or higher.
     • Cases where only errors or questions of law are involved.

3. Lower Courts

   • Lower courts have both original and appellate jurisdiction depending on the type of case.
   • Court of Appeals: Primarily appellate jurisdiction over decisions of Regional Trial Courts and quasi-judicial bodies.
   • Regional Trial Courts (RTC): General jurisdiction over criminal and civil cases.
   • Municipal Trial Courts (MTC): Handle minor civil and criminal cases.

E. Constitutional Limitations

1. Prohibition on Temporary Appointments

   • Section 4(1) of Article VIII prohibits temporary appointments, such as those acting in place of justices and judges.

2. Prohibition Against Designation to Executive or Legislative Functions

   • No member of the judiciary may be designated to any agency performing quasi-judicial or administrative functions without the consent of the Supreme Court.

F. Role in Public International Law

1. International Treaties and Agreements

   • Under the doctrine of incorporation (Article II, Section 2 of the Constitution), generally accepted principles of international law form part of the law of the land without the need for a domestic legislative act. However, treaties and international agreements require concurrence by the Senate before they are deemed enforceable.
   • The judiciary, particularly the Supreme Court, may interpret the compatibility of treaties with the Constitution and may determine whether international agreements infringe on national sovereignty or violate constitutional rights.

2. Extraterritorial Jurisdiction

   • The judiciary may also be involved in cases concerning extraterritorial jurisdiction, especially when the rights of Filipino citizens abroad are involved, or when international obligations, such as human rights treaties, come into play. Courts may rule on cases involving Filipino nationals, foreign nationals under certain conditions, and transnational crimes like human trafficking or terrorism.

3. Adherence to International Court Decisions

   • While international court decisions are not directly binding, the judiciary may cite rulings from the International Court of Justice (ICJ), the International Criminal Court (ICC), or other international tribunals as persuasive authority, particularly when interpreting public international law principles in Philippine cases.

G. Impeachment and Accountability

The Constitution provides for the impeachment of justices of the Supreme Court as a method of ensuring judicial accountability. Grounds for impeachment include:

• Culpable violation of the Constitution
• Treason, bribery, graft, and corruption
• Betrayal of public trust
• Other high crimes

The House of Representatives has the exclusive power to initiate impeachment cases, while the Senate acts as the impeachment court.

H. Judicial Reforms and Innovations

1. Judicial Integrity Board

   • Created by the Supreme Court to oversee the conduct of justices, judges, and judiciary personnel, ensuring their accountability and promoting transparency.

2. Electronic Courts (e-Courts)

   • The judiciary has also adapted to modern technology with the implementation of e-Courts to expedite case processing and provide better access to judicial services.

Conclusion

The Judicial Department in the Philippines plays a crucial role in upholding the rule of law, ensuring justice, and protecting the Constitution. Its independence, power of judicial review, and role in interpreting both domestic and international laws underscore its significance within the political system. Through its structure and powers, it maintains checks and balances, ensures constitutional adherence, and resolves conflicts that arise in the public and private spheres.