The Philippine Judicial System

Asian Law Series


by Dr. RAUL C. PANGALANGAN (Ed.) Dean, College of Law University of the Philippines
March 2001

Preface / Institute of Developing Economies

Historical Background Overview
 1. Judicial System Prior to the Spanish Conquest
 2. Judicial System During the Spanish Regime
 3. Judicial System During the American Regime
 4. Judicial System During the Commonwealth
 5. Judicial System during the War and Its Aftermath

Judiciary and Judge / Raul C. Pangalangan

A. Classification of Courts in the Philippines
 1. Regular Courts
 2. Special Courts
 3. Quasi-Courts / Quasi-Judicial Agencies
B. Hierarchy and Jurisdiction of Courts
 1. Regular Courts
 2. Special Courts
 3. Quasi-Courts or Quasi-Judicial Agencies
C. Requirements for Appointment to the Judiciary
D. Court Personnel Other Than The Judge

Prosecutor and Prosecuting attorney / Raul C. Pangalangan

A. The Department of Justice
B. The National Prosecution Service

Advocate/Lawyer / Raul C. Pangalangan

A. Classification
 1. According to their chosen fields of specialization
 2. According to Employment
 3. According to extent of involvement
 4. According to location of professional activity
  a. Those based in Metro Manila
  b. Those based in the Cities outside Metro Manila
  c. Those based in other places (Provinces and Municipalities)
B. Bar Associations
C. Liability
D. Disciplinary Power

Legal Education / Raul C. Pangalangan

A. Legal Education System
B. Legal Education: History
C. Law Curriculum
D. Law Faculty
E. Law School Admission Test
F. Teaching Methods
G. Continuing Legal Education
H. Bar Examinations
A. The Philippine Judicial System
 1. The Supreme Court
 2. The Court of Appeals
 3. Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts
 4. Shari'a Courts
 5. Other Special Courts
 6. Family Courts
 7. Heinous Crimes Courts
B. The 1997 Rules of Civil Procedure
 1. Jurisdiction
 2. Jurisdiction of the Courts
 3. The Rule on Venue
 4. Additional Requisite for Civil Complaints, Other Initiatory Pleading and Petitions, To Prevent "Forum-Shopping"
 5. Execution Upon Judgments or Final Orders
 6. Appeals
C. Rules on Criminal Procedure
 1. The Revised Rules of Criminal Procedure (As Amended, December 1, 2000)
 2. Salient Features of the Revised Rules of Criminal Procedure
  a. Institution of Criminal Actions
  b. Prosecution of Civil Action
  c. Preliminary Investigation
  d. Arrest
  e. Bail
  f. Arraignment and Plea
  g. Double Jeopardy and Provisional Dismissal
  h. Pre-Trial
  i. Trial
  j. Judgment
  k. New Trial or Reconsideration
  l. Appeal
  m. Search and Seizure
D. Draft Rules of Family Courts
E. The Philippine Judiciary: Problems and Issues
A. History of ADR in the Philippines
B. Sources of Law on ADR in the Philippines
C. Other Modes of ADR
D. Prevalent ADR Practices in the Philippines
 1. Characterization of ADR Practice
 2. Restrictions and Limitations of ADR Practice
 3. Arbitration Practice
 4. Mediation
E. Conclusion

Current Trends / Raul C. Pangalangan

A. Judicial Education
 1. Training the Trainors Program for Family Courts.
 2. Gender Sensitivity Seminar for the Philippine Judiciary.
 3. Workshop of Judges on the Anti-Domestic Violence Bill
 4. Workshop on Video-Conferencing in Trial Courts Involving the Testimony of Children
 5. Securities & Exchange (SEC) Program
C. Private Initiatives in Support of Judicial Education
D. Continuing Re-Organization of Courts and Speedy Disposition of Cases
E. Mandatory Continuing Legal Education (MCLE)
F. Conclusion

Bibliographiy / Raul C. Pangalangan