Philippine Judiciary - 1987 Constitution

THE JUDICIARY PHILIPPINE POLITICS AND GOVERNANCE  Separations of Powers is a doctrine of constitutional law which the different branches are kept separate. Each branch has separate powers, and generally each branch is not allowed to exercise the powers of other branches. JUDICIA...

THE JUDICIARY PHILIPPINE POLITICS AND GOVERNANCE  Separations of Powers is a doctrine of constitutional law which the different branches are kept separate. Each branch has separate powers, and generally each branch is not allowed to exercise the powers of other branches. JUDICIAL BRANCH Article VIII Section of the 1987 Philippine Constitution stated that the Judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. The Judicial branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution.  Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.  Judicial power 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.  Section 3. The Judiciary shall enjoy fiscal autonomy. Section 4.1 The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Chief Justice Alexander G. Gesmundo 27th Chief Justice of the Supreme Court Chief Justice Cayetano L. Arellano First Chief Justice of the Supreme Court  Section 5. The Supreme Court shall have the following powers: (1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.  CERTIORARI Certiorari is a Latin word meaning "to be informed of, or to be made certain in regard to". It is also the name given to certain appellate proceedings for re- examination of actions of a trial court, or inferior appeals court.  PETITION FOR WRIT OF CERTIORARI A document that a losing party files with the Supreme Court asking the Supreme Court to review a lower court’s decision. It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ. WRIT OF CERTIORARI A decision by the Supreme Court to hear an appeal from a lower court.  MANDAMUS A writ of mandamus is a remedy that can be used to compel a lower court to perform an act that is ministerial and that the court has a clear duty to do under the law. When filing a petition for writ of mandamus, you must show that you have no other remedy available.  WRIT OF MANDAMUS A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.  QUO WARRANTO A quo warranto (Latin for “by what warrant or authority?”) is a legal procedure used to challenge an individual’s right to or authority over the position he or she holds.  The government may also bring a quo warranto petition to court against “a public officer who does or suffers an act that, by the provision of law, constitutes a ground for the forfeiture of his office.”  HABEAS CORPUS Habeas Corpus, a Latin term meaning “you shall have the body,” is a legal action or writ by which an individual can report an unlawful detention or imprisonment to a court and request that the court order the custodian to bring the detainee to court.  In the Philippines, the Writ of Habeas Corpus is enshrined in Article III, Section 15 of the 1987 Constitution, which states: "The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it."  Section 5. The Supreme Court shall have the following powers: (2) Review, revise, reverse, modify, or affirm on appeal or certiorari , as the law or the Rules of Court may provide, final judgments and orders of lower courts in:  Section 5. The Supreme Court shall have the following powers: (a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.  Section 5. The Supreme Court shall have the following powers: (b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.  Section 5. The Supreme Court shall have the following powers: (c) All cases in which the jurisdiction of any lower court is in issue.  Section 5. The Supreme Court shall have the following powers: (d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.  Section 5. The Supreme Court shall have the following powers: (e) All cases in which only an error or question of law is involved.  Section 5. The Supreme Court shall have the following powers: (3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.  Section 5. The Supreme Court shall have the following powers: (4) Order a change of venue or place of trial to avoid a miscarriage of justice.  Section 5. The Supreme Court shall have the following powers: (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the underprivileged.  Section 5. The Supreme Court shall have the following powers: (6)Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.  Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel thereof.  Section 7.1 No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age , and must have been for fifteen years or more , a judge of a lower court or engaged in the practice of law in the Philippines  Section 7.2 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.  Section 7.3 A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.  Section 8.1 A Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Chairman , the Secretary of Justice, and a representative of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.  Section 8.2 The regular members of the Council shall be appointed by the President for a term of four years with the consent of the Commission on Appointments. Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the professor of law for three years, the retired Justice for two years , and the representative of the private sector for one year.  Section 9 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 no confirmation. PHILIPPINE COURT SYSTEM PHILIPPINE POLITICS AND GOVERNANCE  Special courts are bodies within the judicial branch of government that generally address only one area of law or have specifically defined powers. These are the (1) Sandiganbayan, (2) Court of Tax Appeals, (3) Shari’a District Courts, and (4)Shari’a Circuit Courts.  Shari’a Court has the power similar to the regular courts, but the subjects over whom judicial powers are exercised are limited to Muslim Filipinos. The Court of Tax Appeals retains exclusive appellate jurisdiction to review by appeal not only civil tax cases but also those that are criminal in nature. L Lastly, Sandiganbayan is a special court that has jurisdiction over civil cases (including graft, corruption, and other offenses) committed by public officers and employees and those in government -owned or government-controlled corporations.  SUPREME COURT The Supreme Court has both original and appellate jurisdiction. It exercises original jurisdiction (cases are directly filed with the SC in the first instance without passing through any of the lower courts) over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. It also has original jurisdiction over writs of amparo, habeas data and the environmental writ of kalikasan.  THE COURT OF APPEALS The Court of Appeals was established on February 1, 1936, by Commonwealth Act No. 3 and is considered the second highest tribunal in the country. It is composed of one presiding justice and 68 associate justices, all of which are appointed by the President from a shortlist submitted by the Judicial and Bar Council.  The Court of Appeals’ principal mandate is to exercise appellate jurisdiction on all cases not falling within the original and exclusive jurisdiction of the Supreme Court.  SANDIGANBAYAN Both the 1973 and 1987 Constitution contain provisions on the present anti-graft court known as the Sandiganbayan. It has jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in government-owned or controlled corporations, in relation to their office as may be determined by law.  THE SECOND LEVEL COURTS Regional Trial Courts are also known as Second Level Courts, which were established among the thirteen Judicial regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR).  THE FIRST LEVEL COURTS Each city and municipality in the Philippines has its own trial court. These First Level Courts are more commonly referred to as Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial Courts (MCTC). The MeTCs are the first level courts in the Metropolitan Manila area.  THE SHARI'A DISTRICT & CIRCUIT COURTS The Shari’a District Courts are equivalent to the Regional Trial Courts in rank, which were established in certain provinces in Mindanao where the Muslim Code on Personal Laws is being enforced.  READ BETWEEN THE LINES Direction: Read the given quote, and write you own interpretation and understanding in the space provided. READ BETWEEN THE LINES Thank You!