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POLGOV-Week-1-2 FOR REVISION

The document provides an overview of the Philippine judiciary system. It discusses: 1) The judiciary interprets laws and resolves disputes, with courts having powers like judicial review. 2) The qualifications for the Supreme Court include being a natural-born Filipino over 40 with 15+ years experience as a judge or lawyer. Lower court judges must be Filipino lawyers. 3) The roles of the judiciary include interpreting laws and the Constitution, with the Supreme Court acting as the court of last resort over lower courts.

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0% found this document useful (0 votes)
30 views10 pages

POLGOV-Week-1-2 FOR REVISION

The document provides an overview of the Philippine judiciary system. It discusses: 1) The judiciary interprets laws and resolves disputes, with courts having powers like judicial review. 2) The qualifications for the Supreme Court include being a natural-born Filipino over 40 with 15+ years experience as a judge or lawyer. Lower court judges must be Filipino lawyers. 3) The roles of the judiciary include interpreting laws and the Constitution, with the Supreme Court acting as the court of last resort over lower courts.

Uploaded by

Jubylyn Aficial
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 10

Learning Module in Philippine Politics and Governance

LESSON 1: JUDICIARY POWER


Introduction

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

How to join the VSMART?

1) Install VSMART application or visit the website:


school.vsmart.ph
2) Log in your given username and password
3) Go to your scheduled lesson

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)

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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:

 Creation of the judicial and Bar council


 Expanded power of judicial review
 Fiscal autonomy of the judiciary
 Power to review proclamation of martial law and suspension of the writ of habeas
corpus
 Security of tenure of the judges
 The Supreme court as judge in presidential elections

Activity: Define me!

What is Judicial power?

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________

Module 2: The Qualifications, Appointment and removal of the members of Judiciary.


The following are the qualifications of the members of the Supreme Court as provided by
Article VIII, Section 7, paragraph 1:
 Natural-born Filipino citizen
 At least 40 years’ old
 Must have been for 15 years or more a judge of a lower or engaged in the practice of
law in the Philippines
 Of proven competence, integrity, and probity

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:

1. What are the qualifications of members of the judiciary?


____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________

Module 3: The roles and responsibilities of the Philippine Judiciary

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’.

Structure of Supreme Court

 15 appointed justices (with 1 Chief Justice and 14 Associate Justice)


 No fix term of office (Art. VIII, Sec.11); stay in office based on good conduct and
behavior & until they reach the age of 70.
 Appointed by the President from a list 3 nominees prepared by the Judicial & Bar
Council.
 Appointment not subject to confirmation by the Commission on Appointments (Art.
VIII, Sec. 9)
 Supreme Court members can only be removed by impeachment (Art. XI, Sec. 2)

Cases filed/appealed to/in the Supreme Court.

 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

Directions: Give one role or responsibility of Supreme Court and Explain.

_________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
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____________________________________________________________________________________

Module 4: The lower Courts


 Court of Tax Appeals: composed of 1 Presiding Judge and 2 Associate Justices is
vested with exclusive appellate jurisdiction over appeals from the decisions of the
Commissioner of Customs.
 Regional Trial Courts: the law provides for 720 Regional Trial Courts. The Philippines
is divided into 13 regions-the National Capital Regions (NCR) and Regions I to XII. In
these regions are found many Regional Trial Courts to which decided cases coming
from the MTC, MCTC, MTCC and metro Trial Court are appealed.
 Shari’a Courts and Shari’a Circuit Courts: in some provinces in Mindanao where the
Muslim Code on personal laws is enforced, the law provides for 5 Shari’a District
Courts which are equivalent to the Regional Trial Courts in rank and for52 Shari’a
Circuit Courts in the municipalities therein which gave the rank and level of
Municipal Circuit Trial Courts.
 Municipal Trial Courts and Municipal Circuit Trial Courts: every municipality has its
own Municipal Trial Court. It is referred to as such if it covers only 1 municipality: it
is called Municipal Circuit Trial Court if it covers 2 or more municipalities.
 Metropolitan Trial Courts and Municipal Trial court in cities: Municipal Trial Courts
in towns and cities in the Metropolitan Manila Area, as distinguished from other
political subdivisions in the Philippines, are referred to as Metropolitan Trial Courts.
In cities outside of the Metropolitan Area, the equivalent of the Municipal Trial courts
are referred to as Municipal Trial Courts in Cities.

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)

The Regular Courts

 Supreme Court
 Court of Appeals
 Regional Trial Courts
 Metropolitan Trial Courts
 Municipal Trial Courts in Cities
 Municipal Trial Courts
 Municipal circuit trial courts

The Special 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)

How to join the VSMART?

1) Install VSMART application or visit the website:


school.vsmart.ph
2) Log in your given username and password
3) Go to your scheduled lesson

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

Officially local government in the Philippines, often called local government


units or LGUs, are divided into three levels – provinces and independent cities; component
cities and municipalities; and barangays. In one area, above provinces and independent
cities, is an autonomous region, the Autonomous Region of Muslim Mindanao. Below
barangays in some cities and municipalities are sitios and puroks. All of these, with the
exception of sitios and puroks, elect their own executives and legislatures. Sitios and
puroks are often led by elected barangay councilors.
Provinces and independent cities are organized into national government regions but those
are administrative regions and not separately governed areas with their own elected
governments.
According to the Constitution of the Philippines, the local governments "shall enjoy
local autonomy", and in which the Philippine president exercises "general
supervision". Congress enacted the Local Government Code of the Philippines in 1991 to
"provide for a more responsive and accountable local government structure instituted
through a system of decentralization with effective mechanisms of recall, initiative,
and referendum, allocate among the different local government units their powers,
responsibilities, and resources, and provide for the qualifications, election, appointment
and removal, term, salaries, powers and functions and duties of local officials, and all other
matters relating to the organization and operation of local units."
Activity: LGU
In one to two sentences, explain what is being asked.

What is LGU?
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________

Module 2: The Structure of Local Government

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

LGU Income Population Land Area

Barangay 2 000
5 000 for Metro Manila
and other metropolitan
political subdivisions

Municipality P 2.5 Million 25 000 50 sq. km

City P 20 Million 150 000 100 sq. km

Highly Urbanized P 50 Million 200 000


City

Province P 20 Million 250 000 2 000 sq. km

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.

A. Online and other sources


https://www.google.com/search?
sxsrf=ALeKk01QDALt1I1bMWTfB2RpKkQCJzaBUg:1598017432295&q=What+is+local+g

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

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