Judicial Power and Structure Quiz
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Questions and Answers

What is the maximum time frame for the Supreme Court to decide cases once they are submitted?

  • Six months
  • Thirty days
  • Twenty-four months (correct)
  • Twelve months

    • The Chief Justice must issue a certification if a decision is not rendered within the mandatory period.

    True (A)

    What must be included in the Supreme Court's annual report submitted to the President and Congress?

    Operations and activities of the Judiciary

    A case shall be considered submitted for decision upon the filing of the last __________ required by the Rules of Court.

    <p>pleading</p> Signup and view all the answers

    Match the following time frames with their corresponding court levels:

    <p>Supreme Court = 24 months Lower collegiate courts = 12 months Other lower courts = 3 months</p> Signup and view all the answers

    What is one role of the Judiciary according to the content?

    <p>To settle actual controversies involving legally enforceable rights (D)</p> Signup and view all the answers

    The Supreme Court is allowed to have its jurisdiction defined by the Congress.

    <p>True (A)</p> Signup and view all the answers

    How many Associate Justices are on the Supreme Court?

    <p>Fourteen</p> Signup and view all the answers

    Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are _____ and enforceable.

    <p>legally demandable</p> Signup and view all the answers

    Match the following terms related to the Supreme Court's operations:

    <p>En banc = Hearing of cases by the full Supreme Court Division = Hearing of cases by a smaller group of Justices Majority concurrence = Requirement for case decisions Vacancy filling = Must occur within ninety days</p> Signup and view all the answers

    What is NOT a power of the Supreme Court?

    <p>To hear all cases without exception (B)</p> Signup and view all the answers

    The Judiciary can have its appropriations reduced by the legislature.

    <p>False (B)</p> Signup and view all the answers

    What must happen if the required number of Justices' concurrence is not met in a division case?

    <p>The case shall be decided en banc.</p> Signup and view all the answers

    Which of the following has original jurisdiction over cases involving ambassadors and public ministers?

    <p>The Supreme Court (A)</p> Signup and view all the answers

    The Supreme Court has the authority to change the venue of a trial only if it serves the public interest.

    <p>True (A)</p> Signup and view all the answers

    What is the maximum duration for temporary assignments of judges of lower courts without consent?

    <p>six months</p> Signup and view all the answers

    The Supreme Court has administrative supervision over all courts and their ______.

    <p>personnel</p> Signup and view all the answers

    Match the following courts with their characteristics:

    <p>Supreme Court = Highest court in the Philippines Court of Appeals = Reviews lower court decisions Regional Trial Court = Handles serious criminal cases Sandiganbayan = Deals with graft and corruption cases</p> Signup and view all the answers

    In which of the following cases can the Supreme Court exercise its original jurisdiction?

    <p>Cases challenging the constitutionality of a law (C)</p> Signup and view all the answers

    Only natural-born citizens of the Philippines can be appointed as Members of the Supreme Court.

    <p>True (A)</p> Signup and view all the answers

    What is one of the main functions of the Judicial and Bar Council?

    <p>Recommending appointees to the Judiciary</p> Signup and view all the answers

    Members of the Supreme Court hold office until they reach the age of ______.

    <p>seventy</p> Signup and view all the answers

    Who has the power to appoint judges of lower courts in the Philippines?

    <p>The President (A)</p> Signup and view all the answers

    The salary of the Chief Justice can be decreased during their term of office.

    <p>False (B)</p> Signup and view all the answers

    What must every decision rendered by the Supreme Court include?

    <p>Facts and the law on which it is based</p> Signup and view all the answers

    The authority to discipline judges of lower courts is held by the ______ en banc.

    <p>Supreme Court</p> Signup and view all the answers

    Match the type of legal cases with their corresponding attributes:

    <p>Petition for certiorari = Challenge to a lower court's decision Habeas corpus = Protection against unlawful detention Quo warranto = Questioning the right to hold office Mandamus = Order to perform a mandatory act</p> Signup and view all the answers

    Flashcards

    Judicial Power

    The duty of courts to settle legal disputes and check government actions for abuse of power.

    Supreme Court Composition

    A Chief Justice and 14 Associate Justices.

    Supreme Court Jurisdiction

    Power to hear specific constitutional cases (treaties, laws, etc) and certain other cases.

    En Banc Decisions

    Decisions made by the whole Supreme Court, requiring a majority vote.

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    Divisional Decisions

    Cases decided by a smaller group of justices, minimum 3.

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    Fiscal Autonomy

    Judiciary's independent funding, legislature can't reduce budget below the previous year's level.

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    Security of Tenure

    Judges have job protection; law changes cannot damage the safety of their jobs.

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    Congress' power over courts

    Congress can determine the jurisdiction of the courts, but can't take away Supreme Court's listed powers.

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    Case Resolution Time Limits

    Supreme Court cases must be decided within 24 months, lower collegiate courts within 12 months, and other lower courts within 3 months.

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    Case Submission

    A case is considered submitted for decision when the last required legal document (pleading, brief, or memorandum) is filed.

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    Certification of Delay

    A document issued by the Chief Justice or presiding judge if a decision isn't made within the required time frame, explaining why.

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    Judicial Report Requirement

    The Supreme Court needs to send a yearly report of activities and operations to the President and Congress within 30 days of the start of each Congress session.

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    Court Decision Obligation

    Despite the time limits, courts must decide all submitted cases, taking into consideration their responsibilities for not meeting deadlines.

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    Reviewing lower courts

    The Supreme Court can review, modify, or affirm decisions of lower courts.

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    Constitutional Issues

    The Supreme Court has jurisdiction over cases challenging the constitutionality of laws, treaties, and agreements.

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    Tax Cases

    The Supreme Court hears cases about the legality of taxes, levies and penalties.

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    Lower court jurisdiction

    The Supreme Court can hear cases questioning the power of lower courts.

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    Serious criminal cases

    The Supreme Court hears cases with penalties of reclusion perpetua or higher.

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    Error of Law Cases

    The Supreme Court can review cases involving only legal errors, not factual issues.

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    Temporary Judge Assignments

    Supreme Court can temporarily move judges between courts.

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    Change of Venue

    Supreme Court can order changes of trial locations to prevent injustice.

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    Rules of Procedure

    The Supreme Court establishes rules for courts, legal practices, and underprivileged legal help.

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    Judicial Appointments

    Supreme Court appoints lower court officials and personnel, following civil service laws.

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    Administrative Supervision

    The Supreme Court manages and directs other courts and personnel.

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    Judicial Qualifications

    Supreme Court and lower court officials must meet citizenship, age, and experience requirements.

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    Judicial and Bar Council

    A council that recommends judicial appointees.

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    Court Appointments

    Supreme Court and lower court judges are appointed by the President from a list of nominees.

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    Judicial Salaries

    Judicial salaries are established by law, and cannot be lowered during a judge's term.

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    Study Notes

    Judicial Power and Structure

    • Judiciary vested in Supreme Court and lower courts established by law
    • Judicial power includes settling disputes, checking on government abuse of discretion.
    • Congress can define/prescribe lower court jurisdiction but may not reduce Supreme Court jurisdiction.
    • Laws cannot undermine judicial security of tenure
    • Judiciary enjoys fiscal autonomy; appropriations cannot be reduced below previous year's funding

    Supreme Court Composition and Jurisdiction

    • Supreme Court composed of Chief Justice and 14 Associate Justices.
    • Can sit en banc or in divisions (3, 5, or 7 members).
    • Vacancies must be filled within 90 days.
    • Constitutional cases (treaties, agreements, laws) heard en banc
    • Other cases/matters heard in divisions; at least 3 judges must agree
    • En banc decisions cannot be overturned by divisions
    • Original jurisdiction over ambassador, minister, consul cases and specific petitions(certiorari, prohibition, mandamus, quo warranto, habeas corpus).
    • Appellate jurisdiction over lower court decisions in many cases (e.g., constitutional validity, tax legality, lower court jurisdiction issues, serious criminal cases, errors/questions of law)

    Supreme Court Powers

    • Temporary assignment of lower court judges
    • Venue or trial change orders to avoid injustice
    • Rules creation: constitutional rights, procedure, etc.; must be uniform
    • Judicial appointment; in compliance with Civil Service laws
    • Administrative supervision over all courts and personnel

    Judicial Appointments and Qualifications

    • Supreme Court appointments from a shortlist of at least 3 nominees by the Judicial and Bar Council.
    • Lower Court judges appointed by the President
    • Members of all courts must be natural-born citizens of the Philippines.
    • Supreme Court members need a minimum age and experience (15 years as judge or lawyer).
    • Lower courts need citizen of the Philippines and member of the Philippine bar as judicial qualifications
    • Members of Judiciary must have proven competence, integrity, probity, independence
    • Judicial and Bar Council (JBC): recommends judicial appointments

    Judicial Conduct and Decision-Making

    • Salaries are fixed but non-decreasable while in office
    • Judges serve until 70 years or incapacity while in office.
    • Judges subject to removal by Supreme Court with majority vote.
    • Judges can't be assigned to agencies with quasi-judicial or administrative functions
    • Decisions must state clearly the facts and legal basis.
    • Review/reconsideration petitions must have supporting legal basis
    • Time restrictions on case resolutions; 24 months for Supreme Court; 12 months for lower collegiate courts; 3 months for other lower courts.
    • Certification issued for case inaction with stated reason
    • Courts resolve cases despite mandatory time limits

    Reporting

    • Annual reports on Judiciary operations/activities to Congress and President within 30 days from session opening

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    Description

    Test your knowledge on the structure of the judiciary, including the composition of the Supreme Court and its jurisdiction. This quiz covers essential aspects of judicial power, including the roles of the Supreme Court and lower courts. Dive into the checks and balances that define judicial authority and fiscal autonomy.

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