Philippine Judiciary PDF

PHILIPPINE JUDICIARY ARTICLE VIII – THE JUDICIAL DEPARTMENT SECTION 1 - JUDICIAL POWER WILL BE VESTED IN THE SUPREME COURT AND ALL LOWER COURTS. SUPREME COURT It is the highest court in the land. The final arbiter of controversies and disputes brought by the p...

PHILIPPINE JUDICIARY ARTICLE VIII – THE JUDICIAL DEPARTMENT SECTION 1 - JUDICIAL POWER WILL BE VESTED IN THE SUPREME COURT AND ALL LOWER COURTS. SUPREME COURT It is the highest court in the land. The final arbiter of controversies and disputes brought by the parties to the courts of law.  JUDICIAL POWER It is the power to apply the laws to contests or disputes concerning legally recognized rights and duties between the state and private persons, or to individual litigants in cases properly brought before judicial tribunals.  ENTAILS TWO ACTIVITIES: 1. Settling legal controversies 2. Determining whether there has been grave abuse of discretion amounting to lack or excess of jurisdiction by any branch of government.  SCOPE OF JUDICIAL POWER 1.Adjudicating Power – the power to settle legal disputes 2.Power of Judicial Review – refers to the power of the Supreme Court to interpret and make judgments with respect to the law 3.Incidental Powers – powers necessary for the discharge of the judicial function DIFFERENT KINDS OF COURTS IN THE COUNTRY 1. Supreme Court – the highest court in the land; the final arbiter of controversies and disputes on law and rights of citizens  DIFFERENT KINDS OF COURTS IN THE COUNTRY 2. Regular Court – appellate court, regional trial court, etc. a.Court of Appeals – the second highest court in the land b.Regional Trial Courts (RTC) – 13 judicial regions c.Municipal Trial Courts (MTC) Municipal Circuit Trial Court (MCTC) Metropolitan Trial Courts (MeTC)  DIFFERENT KINDS OF COURTS IN THE COUNTRY 3. Quasi-Judicial Bodies – these are courts that are not part of the Judiciary but performs judicial proceedings a. National Labor Relations Commission (NLRC) – it is under the Department of Labor and Employment (DOLE) and handles cases concerning employer and employee relations. b. Department of Agrarian Reform Adjudication Board (DARAB) – it is under the Department of Agrarian Reform and handles cases regarding agrarian reform  DIFFERENT KINDS OF COURTS IN THE COUNTRY 4. Special Courts a. Court of Tax Appeal - it has exclusive jurisdiction over tax appealed by private citizens and commercial firms who protect the amount of taxes imposed. b. Sandiganbayan - it decides cases involving graft and corruption by government and employee. c. Ombudsman – investigates cases of graft and corruption. Otherwise known as Tanodbayan. d. Shari’a District Courts (SDC) and Shari’a Circuit Courts (SCC) – it is a body of religious law that forms a part of the Islamic tradition.  COMPOSITION OF SUPREME COURT 1.One Chief Justice 2.Fourteen Associate Justices 1 Senior Associate Justice out of the 14 Associate Justices  QUALIFICATIONS: A. Justices of the Supreme Court Must be a natural born citizen of the Philippines At least 40 years old 15 years or more as a judge of a lower court or engaged in the practice of law in the Philippines Must be a person of proven competence, integrity, probity and independence  QUALIFICATIONS: B. Judges of the Lower Courts A citizen of the Philippines A member of the Philippine Bar Must be a person of proven competence, integrity, probity and independence.  TENURE OF OFFICE Members of the Supreme Court (SC) and judges of the lower courts shall enjoy their office during good behavior Members of the SC shall enjoy the position until they are removed in the long and complicated process of impeachment Hold office until they reached 70 years or become incapacitated Until dismissed by members of the SC for a probable cause  JUDICIAL BAR COUNCIL (JBC) It is the body which prepares the list of nominees for Chief Justice and Associate Justices. Its members are the following: Chief Justice Secretary of the Department of Justice (DOJ) Representative from Congress Integrated Bar of the Philippines (IBP) Representative Professor of Law Private Sector Representative Philippine Bar Association – is the body who handles the Philippine Bar Examination  POWERS OF THE SUPREME COURT 1. Cases involving ambassadors and public ministers. Petitions for certiorari, mandamus, quo warranto, prohibition & habeas corpus Certiorari – individual action; a writ issued by a superior court requiring a lower court or a board of officer exercising judicial function to transmit the records of a case to the higher tribunal for purposes of review. Prohibition – a written order by which superior court commands a lower court or a corporation, board, or a person to desist from further proceedings in action or matter. Mandamus – an order issued by a high court commanding a lower court or a corporation board, or person to perform a certain act, which is its duty to do. It orders a compliance or performance of an act. Quo warranto – an action by the government to recover an office or franchise from an individual or corporation usurping or unlawfully holding it.  POWERS OF THE SUPREME COURT 2. Review judgements of lower courts. Cases involving constitutionality, legality of any tax, reclusion perpetua and errors on questions of law. 3. Assignment of judges to the lower courts. 4. Order a change of venue for a trial. 5. Promulgate rules of court. 6. Appoint officials of the judiciary and hire employees for the judicial branch.