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St. Rose of Lima Catholic School, Inc. Recognition No. E-079 s. 2013 Recognition No. E-102 s. 2016 Rizal (Poblacion), Santa Rosa, Nueva Ecija...

St. Rose of Lima Catholic School, Inc. Recognition No. E-079 s. 2013 Recognition No. E-102 s. 2016 Rizal (Poblacion), Santa Rosa, Nueva Ecija Recognition No. S-014 s. 1987 Govt Permit SHSP No. 230 s. 2015 (044) 940 78 34 | [email protected] Govt Permit SHSP No. 076 s. 2017 THE JUDICIAL DEPARTMENT AND JUDICIAL POWER The Judiciary is a co-equal branch of Government to the Executive and the Legislature. Under the 1987 constitution, Judicial terms of office are out of sync with other offices such as the President of the Philippines, to promote independence. The President appoints individuals to the judiciary. Appointments to the judiciary are recommended by the Judicial and Bar Council (JBC) to the President. For the Supreme Court, the President is required to select justices from a shortlist prepared by the JBC, which must include at least three people. However, there have been instances where the President has rejected a shortlist entirely and requested a new one. The JBC was created to further separate the judiciary from political influence, with judges previously being approved by Congress. However, the President has direct influence in the JBC, and can appoint half of its members. Political pressure has also been observed in court decisions, causing inconsistency between different cases. JUDICIAL POWER - is the power to apply and interpret the laws of the land in cases of disputes. It is vested in the Supreme Court and the lower courts. (ART. VIII, SEC 1) It includes the duty of the courts to settle actual controversies involving right, which are legally demandable and enforceable, and to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government. Home and School: Vessels of learning, growth, and faith  St. Rose of Lima Catholic School, Inc. Recognition No. E-079 s. 2013 Recognition No. E-102 s. 2016 Rizal (Poblacion), Santa Rosa, Nueva Ecija Recognition No. S-014 s. 1987 Govt Permit SHSP No. 230 s. 2015 (044) 940 78 34 | [email protected] Govt Permit SHSP No. 076 s. 2017 THE SUPREME COURT It is the highest court in the land. It is composed of fifteen members – the Chief Justice and fourteen Associate Justices. They are appointed by the President. To be appointed a member of the Supreme Court an individual must have the following qualifications: (ART VIII, SEC 7) A natural born Filipino citizen At least 40 years of age A judge of court of record or engaged in the practice of law in the Philippines for at least 15 years A person of proven competence, integrity, probity and independence Term of office – the members of the Supreme Court and judges of lower courts shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. “Law is reason free from passion”, it was quoted by Aristotle many years ago that still proves to be true until this day. Justice isn’t what people perceives it to be, justice isn’t ideal. Justice is served when the judge rules for the evidences presented to it by the Court. We, as a collective always aims for justice, however we cannot in our own achieve it through other means, we must let the court of law decide, and in such cases that the wrongdoer is found guilty. Let the hammer fall and let it fall hard. Home and School: Vessels of learning, growth, and faith  St. Rose of Lima Catholic School, Inc. Recognition No. E-079 s. 2013 Recognition No. E-102 s. 2016 Rizal (Poblacion), Santa Rosa, Nueva Ecija Recognition No. S-014 s. 1987 Govt Permit SHSP No. 230 s. 2015 (044) 940 78 34 | [email protected] Govt Permit SHSP No. 076 s. 2017 THE POWERS OF THE SUPREME COURT The Judiciary is the branch of government that interprets the laws of the state. Its duty is to settle actual controversies involving legally demandable and enforceable rights claimed against the government and private entities. They interpret and apply the laws of the land to resolve conflicts and disputes. To perform these tasks, the Judiciary is organized as a court system with four levels. The Supreme Court is the highest court of the land. The first and second levels are trial courts, and the third level consists of collegial courts. POWERS OF THE SUPREME COURT It interprets the Constitution and can declare any treaty, executive order or legislative act invalid because it is in conflict with the law. (Judicial Review) Exercises original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. It is the court of last appeal to review the judgment of lower courts. It reviews all appeals on sentences of life imprisonment and death. It can temporarily assign judges of lower courts to other places for a period of not less than 6 months, unless the judge consents to a longer stay. It appoints judiciary officials and employees in accordance to the Civil Service Law. It can order a change of place of trial. It can discipline judges of lower courts or order their dismissal. Cases that can be appealed to the Supreme Court: All cases in which the constitutionality or validity of treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance is in question; Home and School: Vessels of learning, growth, and faith  St. Rose of Lima Catholic School, Inc. Recognition No. E-079 s. 2013 Recognition No. E-102 s. 2016 Rizal (Poblacion), Santa Rosa, Nueva Ecija Recognition No. S-014 s. 1987 Govt Permit SHSP No. 230 s. 2015 (044) 940 78 34 | [email protected] Govt Permit SHSP No. 076 s. 2017 All cases involving the legality of any tax, impost assessment, or toll, or any penalty imposed in relation thereto; All cases in which jurisdiction of any lower court is in issue; All criminal cases in which only an error or question of law is involved. In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of the people are the same (Albert Einstein). When we speak of justice it is not only pertaining to courts, as human beings, we must exercise justice in all that we do and give everyone his due. Fairness and equality are spectrums of justice we must use in our daily lives. Justice is the universe’s response in all that you do. Home and School: Vessels of learning, growth, and faith  St. Rose of Lima Catholic School, Inc. Recognition No. E-079 s. 2013 Recognition No. E-102 s. 2016 Rizal (Poblacion), Santa Rosa, Nueva Ecija Recognition No. S-014 s. 1987 Govt Permit SHSP No. 230 s. 2015 (044) 940 78 34 | [email protected] Govt Permit SHSP No. 076 s. 2017 PHILIPPINE COURTS Conflict is an inevitable part of social life. The judicial court system ensures that society will not be overwhelmed by these conflicts. Justice is expected to be delivered in a fair and speedy manner. ORGANIZATION OF THE JUDICIARY The Judiciary is composed of the following courts: The Supreme Court – the highest court of the land; the court of last appeal. Court of Appeals – has jurisdiction over appeals from the decision of the RTC. Regional Trial Court – tries cases and hears appeals from MTC. Shari’a District Courts – settle legal conflicts between Muslim Filipinos in the sphere of customary and personal laws. Municipal Trial Court/ Municipal Circuit Trial Court – it is called municipal court if it covers only one municipality; it is called municipal circuit trial court if it covers two or more municipalities. In addition to these regular courts, there are two special courts, namely: Court of Tax Appeals – has exclusive jurisdiction over tax cases appealed by private citizens and commercial firms who questions the amount of taxes imposed by the BIR and Customs on their property or business. The decision of this court is final. Home and School: Vessels of learning, growth, and faith  St. Rose of Lima Catholic School, Inc. Recognition No. E-079 s. 2013 Recognition No. E-102 s. 2016 Rizal (Poblacion), Santa Rosa, Nueva Ecija Recognition No. S-014 s. 1987 Govt Permit SHSP No. 230 s. 2015 (044) 940 78 34 | [email protected] Govt Permit SHSP No. 076 s. 2017 Sandiganbayan – a special anti-graft court. It decides cases involving graft and corruption by government officials and employees. The Constitution also provided for two special legal bodies, such as: Judicial and Bar Council – its main function is to screen and recommend appointees to the judiciary. This council is created to prevent appointment by the President of judges who are only political favorites. Ombudsman – the one who tries cases of graft and corruption by government officials and employees. There is a saying: "Justice delayed is justice denied." The perception of a continuing failure of the Philippine criminal justice system to deliver fast and efficient justice has inevitably led to the erosion of public trust in the government. As a consequence, citizens are laden with anxiety because of unabated criminality and violence in their communities. The type of justice that leads to peace and prosperity continues to be elusive in the Philippines as the worsening scenario of jail congestion continues to manifest its malevolent implications for the human rights of prisoners. It appears that the culprit is an overwhelmed machinery of criminal justice that has not been able to keep pace with growing rates of population, urbanization and criminality. However, we must always push and thrive towards development and move forward, for no matter how long the road may take, it will always lead us to the truth. Home and School: Vessels of learning, growth, and faith  St. Rose of Lima Catholic School, Inc. Recognition No. E-079 s. 2013 Recognition No. E-102 s. 2016 Rizal (Poblacion), Santa Rosa, Nueva Ecija Recognition No. S-014 s. 1987 Govt Permit SHSP No. 230 s. 2015 (044) 940 78 34 | [email protected] Govt Permit SHSP No. 076 s. 2017 Ours is a history of revolutionary struggle against all forms of oppression for national freedom, justice, equality and peace. The same struggle and aspirations for freedom and respect for human rights have inspired our collective spirit to become a nation proud of our heritage and diverse culture. These make human rights our foremost concern. Below is an actual case decided by the Supreme Court, write a reflection on how these atrocities reflects the justice system in the Philippines. Use the back portion of your module to write your reflection. People vs Ritter (1991) 194 SCRA 690 Heinrich Stefan Ritter was charged with the crime of rape with homicide for the rape of Rosario Baluyot, a girl then under 12 years of age, who later died because of a foreign object left inside her vaginal canal. The evidence showed that on October 10, 1986, Ritter brought a boy (Jessie Ramirez) and girl (Rosario Baluyot), both street children, inside his hotel room at MGM Hotel in Olongapo City. While inside the hotel room, Ritter had the two children bathe. He then took them to bed and fondled them. The following morning, Ritter gave them some money and left. The girl Rosario told Jessie that “the American” put something inside her private part and it was still lodged inside her. Rosario complained of pain. Months later, she was later found unconscious in the street with her skirt bloodied and she was foul smelling. A garbage scavenger, Gaspar Alacntara, took her to a hospital and some religious good samaritans cared for her. On May 19, 1987, or seven months after the incident, a doctor operated on her to remove the foreign object which turned out to be a portion of a vibrator. The object was already covered in pus and blood when it was extracted from Rosario. The day following the operation, Rosario died. However, RITTER WAS ACQUITTED BEYOND REASONABLE DOUBT AND DEPORTED BUT WAS MADE TO PAY 30,000 PHP FOR MORAL AND CIVIL COMPENSATION. The trial court one crucial issue in this case is the age of the victim—whether or not Rosario Baluyot was less than twelve (12) years old at the time the alleged incident happened on October 10, 1986. The age is important in determining whether or not there was statutory rape, the prosecution failed to prove this, because of this Ritter was let go. Home and School: Vessels of learning, growth, and faith