POLGOV-Week-1-2 FOR REVISION
POLGOV-Week-1-2 FOR REVISION
The judiciary is the system of courts that interprets and applies the law in the name
of the state. The judiciary can also be thought of as the mechanism for the resolution of
disputes. Under the doctrine of the separation of powers, the judiciary generally does not
make statutory law (which is the responsibility of the legislature) or enforce law (which is
the responsibility of the executive), but rather interprets law and applies it to the facts of
each case. However, in some countries the judiciary does make common law.
In many jurisdictions the judicial branch has the power to change laws through the
process of judicial review. Courts with judicial review power may annul the laws and rules
of the state when it finds them incompatible with a higher norm, such as primary
legislation, the provisions of the constitution, treaties or international law. Judges
constitute a critical force for interpretation and implementation of a constitution, thus
in common law countries creating the body of constitutional law
Objectives:
Define Judicial
Discuss the Qualifications, Appointment and removal of the members of Judiciary.
Explain the roles and responsibilities of the Philippine Judiciary
Differentiate the Supreme Court (Lower courts, Regular courts and Special courts)
1
Module 1: Judicial Power
The legislative branch creates the laws which the executive implements and which the
judiciary interprets.
The power to decide on legal disputes is known as judicial power. Article VIII, Section 1
of the 1987 Constitution provides that “judicial power shall be vested in one Supreme
Court as may be established. “it 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.”
Hence, the central function of the judges is to adjudicate and interpret the law.
The judicial branch is one of the three independent, coequal, and coordinate branches
of the government. The independence of the Philippine judiciary is manifested in the
following:
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
Paragraph 2 of the same section provides that 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.”
Meanwhile, Section 9 stipulates that “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 to
confirmation. For the lower court, the President and vice president, the justices of the
Supreme Court may be removed from office through impeachment (Article XI, Section 2).
2
Section 11 of Article VIII mandates that the members of the Supreme Court and the
judges of lower courts shall hold office in good behavior until they reach 70 years old, or
become incapacitated to fulfill their duties. The authority to discipline judges of lower
courts is vested in the Supreme Court en banc. The judges of lower courts could also be
dismissed by a vote of a majority of the members who took part in the deliberations on the
issues of the case.
Activity: Qualifications
Explain:
In the 1987 Philippine Constitution, judicial power was vested to one Supreme Court; the
Supreme Court was the only court created by the Constitution and thereby cannot be
abolished by any law/legislation. It is the highest Court in the Philippines and thus called
the ‘Court of last resort’.
The Supreme Court “has the power to review, revise, reverse, modify or affirm on
appeal. Final judgements and orders of lower courts in:
All cases in which constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question;
All cases involving the legality of any tax, impose, assessment, or toll or any
penalty imposed in relation thereto;
All cases in which the jurisdiction of any lower court is in issue;
All criminal cases in which the penalty imposed is reclusion perpetual or
higher; and
All cases in which only an error or question of law is involved
Activity: Responsibility
_________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
3
____________________________________________________________________________________
Note: The supreme court can decide on cases that have not been tried in the lower
courts (see Art. VIII, sec. 5 of 1987 Constitution)
Supreme Court
Court of Appeals
Regional Trial Courts
Metropolitan Trial Courts
Municipal Trial Courts in Cities
Municipal Trial Courts
Municipal circuit trial courts
Sandiganbayan
Court of Tax Appeals
Shari’a District Courts
Shari’a Circuit
4
Activity: Complete Me
Directions: Compare & Contrast the following: Lower courts, Regular courts and
Special courts using a Venn Diagram
Lower Courts
Special Courts
Regular Courts
LESSON 2:
5
Introduction
This module introduces the students to the meaning of Local Government Unit,
structure of local government, criteria for the creation of Local Government Unit and
explain the roles and functions of local Government Unit (LGU)
Objectives:
Define Local Government Unit
Describe the structure of local government
Identify the criteria for the creation of LGU
Explain the roles and functions of a local government unit
6
Module 1: Local Government Unit
What is LGU?
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
The Local Government Code of 1991 brought about significant changes, among
which are the devolution of basic services, facilities, and regulatory powers; and the
enhancement of governmental and corporate powers. The provinces, cities, municipalities,
and, barangays enjoy autonomy—specifically on local affairs---but the president of the
country exercises general supervision over these local government units (Article X, Section
4). The structure of local government is illustrated below.
The structure of local government (Atienza 2006)
National Government
7
Province Highly Urbanized City
TheMunicipality
1991 Local Government Code decentralized functionsBarangay
and responsibilities to local
government units. The four majorComponent City
roles are:
Barangay
a. Efficient service delivery Barangay
b. Management of the environment
c. Economic development
d. Poverty alleviation
Activity: Structure
Directions: Answer the question below. Write your answer on the space provided.
1. How well does your local government unit perform in terms of the major functions
cited previously?
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
Module 3: Criteria for the Creation of LGU
Article X, Section 10 of the present constitution specifically provides that “no
province, city, municipality, or barangay may be created, divided, merged, abolished, or its
boundary substantially altered, except in accordance with the criteria established in the
local government code and subject to approval by a majority of the votes cast in a plebiscite
in the political units directly affected.” Under the Local Government Code of 1991, the
following are the criteria for LGU creation.
Criteria for the creation of local government units
Barangay 2 000
5 000 for Metro Manila
and other metropolitan
political subdivisions
Activity: Criteria
Directions: Answer the question below. Write your answer on the space provided.
1. What are the characteristics of LGUs in the Philippines?
8
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Module 4: The roles and functions of a local government unit
Among the social services and facilities that local government should provide, as
stipulated in Section 17 of the Local Government Code, are the following:
Facilities and research services for agriculture and fishery activities, which include
seedling nurseries, demonstration farms, and irrigation systems;
Health services, which include access to primary health care, maternal and child
care, and medicines, medical supplies and equipment;
Social welfare services, which include programs and projects for women, children,
elderly, and persons with disabilities, as well as vagrants, beggars, street children,
juvenile delinquents, and victims of drug abuse;
Information services, which include job placement information systems and a public
library;
A solid waste disposal system or environmental management system;
Municipal/city/provincial buildings, cultural centers, public parks, playgrounds, and
sports facilities and equipment;
Infrastructure facilities such as roads, bridges, school buildings, health clinics, fish
ports, water supply systems, seawalls, dikes, drainage and sewerage, and traffic signals
and road signs;
Public markets, slaughterhouses, and other local enterprises;
Public cemetery;
Tourism facilities and other tourist attractions; and
Sites for police and fire stations and substations and municipal jail.
Activity: How’s your LGU?
Directions: Answer the question below. Write your answer on the space provided.
1. What can you do to help your LGU in these respects?
_________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
References:
A. Books
Prince Aian G. Villanueva. 2017. Philippine Politics and Governance. 4/f SEDCCO 1
Bldg. 120 Thailand corner Legazpi Streets Leagzpi Village, 1229 Makati City,
Philippines: Diwa Learning Systems Inc.
9
overnment+unit&sa=X&ved=2ahUKEwj99pXrtqzrAhWpwosBHUSKC6wQ1QIwG3oECA4
QAg&biw=1366&bih=625
References:
A. Books
Prince Aian G. Villanueva. 2017. Philippine Politics and Governance. 4/f SEDCCO 1
Bldg. 120 Thailand corner Legazpi Streets Leagzpi Village, 1229 Makati City,
Philippines: Diwa Learning Systems Inc.
10