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    Judicial Departmrent

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    Christian RV Escosar
    The document provides an outline and overview of key aspects of the Philippine judicial system. It discusses that the judicial branch is composed of courts led by the Supreme Court that interpret laws and decide cases. It notes qualifications for judges, powers of the Supreme Court including appellate review and rulemaking, and hierarchies of courts from the Supreme Court down to regional, metropolitan, and municipal trial courts. It also covers the doctrine of stare decisis and timelines for resolving cases.

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    Judicial Departmrent

    Uploaded by

    Christian RV Escosar
    57 views26 pages
    The document provides an outline and overview of key aspects of the Philippine judicial system. It discusses that the judicial branch is composed of courts led by the Supreme Court that interpret laws and decide cases. It notes qualifications for judges, powers of the Supreme Court including appellate review and rulemaking, and hierarchies of courts from the Supreme Court down to regional, metropolitan, and municipal trial courts. It also covers the doctrine of stare decisis and timelines for resolving cases.

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    The document provides an outline and overview of key aspects of the Philippine judicial system. It discusses that the judicial branch is composed of courts led by the Supreme Court that interpret laws and decide cases. It notes qualifications for judges, powers of the Supreme Court including appellate review and rulemaking, and hierarchies of courts from the Supreme Court down to regional, metropolitan, and municipal trial courts. It also covers the doctrine of stare decisis and timelines for resolving cases.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    57 views26 pages

    Judicial Departmrent

    Uploaded by

    Christian RV Escosar
    The document provides an outline and overview of key aspects of the Philippine judicial system. It discusses that the judicial branch is composed of courts led by the Supreme Court that interpret laws and decide cases. It notes qualifications for judges, powers of the Supreme Court including appellate review and rulemaking, and hierarchies of courts from the Supreme Court down to regional, metropolitan, and municipal trial courts. It also covers the doctrine of stare decisis and timelines for resolving cases.

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    Judicial

    Department
    Lecture by :
    Exzur Jay Arabia
    Outline of the lecture
    1. Composition of Judicial Department

    2. Definition of Judicial power

    3. Powers of the Supreme court

    4. Qualifications of the members of the Judiciary

    5. Doctrine of Stare Decisis


    JUDICIAL
    DEPARTMENT
    (Article VIII)
    The third branch of the government is the judiciary. It is composed of
    judicial courts tasked to interpret the law and decide cases brought to
    them. To this branch falls the task of deciding disputed issues of law,
    of protecting the rights of individuals under the law, and of determining
    violations and imposing penalties for them.

    The chief function of the Judiciary is to interpret the law and apply it to
    individual cases which are brought to its attention. In the Philippine
    setting, the Judiciary serves as an honorable office to protect the
    rights of the people being violated.

    Of the three branches, the members of the judiciary are appointed by


    the president; they are not elected which makes them non-partisan in
    the realm of the government.
    Article VIII, Section 1
    The Judicial power shall be vested in one Supreme court
    and 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.
    The Supreme Court
    is composed of 15
    Justices appointed
    by the President of
    the Philippines. The
    Justices can be
    removed from office
    by Impeachment
    (Article XI Section 2)
    The powers of the
    supreme court are
    enumerated in Article
    VIII, Section 5 of the
    1987 constitution
    1. Exclusive power to pass judgment on original jurisdiction
    2. Exercise over cases affecting ambassadors, other public ministers and consuls
    3. Review, revise modify or affirm on appeal final judgments and orders of lower
    courts

    a. Cases which the constitutionality and validity of treaty, international or


    executive agreement, law, presidential decree, proclamation, order,
    instruction, ordinance or regulation is in question

    b. Cases involving legality of any tax, impost, assessment or toll or any penalty
    imposed thereto

    c. Cases which the jurisdiction of any lower court is in issue

    d. Criminal cases which the penalty imposed is reclusion perpetua or higher

    e. All cases in which only an error or question of law is involved


    4. Cases in which only an error or question of law is
    involved

    5. Power to temporarily assign judges of lower


    courts
    6. Power to change the venue of trial
    7. Rule making power
    8. The Supreme Court should supervise all the
    courts
    Qualifications of
    members of the
    judiciary
    (Article VII Sec. 7)
    Qualifications of the members of the Supreme Court
    1. Natural born citizen of the Philippines
    2. At least 40 years of age
    3. Must have been for fifteen years or more a judge of
    a lower court or engaged in the practice of law in
    the Philippines

    A member of the judiciary must be a person of proven


    competence, integrity, probity and independence.
    ARTICLE viii
    SECTION 11
    “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…”
    Judicial and bar council
    (article viii, section 8)
    Members of Judicial and bar council :
    • Chief Justice of the Supreme Court
    • Secretary of Justice
    • Representative of Congress
    • Representative of the Integrated Bar
    • Professor of Law
    • Retired member of the Supreme Court
    • Representative of the private sector
    Judicial and bar council

    The Council shall have the principal function of


    recommending appointees to the Judiciary. It
    may exercise such other functions and duties as
    the Supreme Court may assign to it.
    HIERARCHY OF COURTS
    Supreme Court- The highest court of the land. It is the court of last
    resort in the Philippines. The Philippine Supreme Court is expressly
    brought about by the constitution.
    As the administrative head of the judiciary, it has the power to put
    law into effect with respect to pleading, practice and procedures in
    court, the admission to the practice of law, and the Integrated Bar
    of the Philippines. The Supreme Court also has the power to
    discipline judges of lower courts
    Court of Appeals- A court authorized to hear appeals from lower
    courts. The purpose of the court of appeals is to look into whether
    a miscarriage of justice is committed in the judgment of the trial
    court. But then, if a wrong action attributable to erroneous
    judgment was committed, the justices of the court of appeals will
    direct the case to be re-tried or it can reverse (overrule) the
    judgment of the lower courts.
    Court of Tax Appeals- This is a special court of restrained jurisdiction
    brought into existence under Republic Act 1125 and amended by R.A 8292.
    This court is made to review on appeal decisions held by the Commissioner
    of Customs and the Commissioner of Internal Revenue.

    Sandiganbayan- Hears disputes involving graft and corruption practices


    and plunder cases charged against government officials and employees,
    and other infringement caused to prevail in relation to their office.
    Shari’a District Courts- These are courts of
    limited jurisdiction brought into existence under
    Presidential Decree 109 within the sole jurisdiction
    of the shari’a court chiefly refer to family duties
    and responsibilities as well as contractual relation
    of Filipino Muslim in the Southern Provinces
    Regional Trial Court- These are courts of general jurisdiction brought into existence
    and are instituted in all regions of the country presided over by a trial judge. These
    courts hear disputes arising under the common law and civil laws and hear
    prosecutions under criminal laws.

    Metropolitan trial courts in Metropolitan area, municipal trial court in every city and
    in each of the municipalities, and a municipal circuit trial court. These lower courts
    shall carry out and determine violation of city or municipal ordinances committed
    within their jurisdiction and involving offenses punishable with imprisonment not going
    beyond six years regardless the amount of fine.
    Resolution of cases for Supreme Court and lower
    courts (Article VIII, Sec. 15)

    Resolutions of cases:
    • Supreme Court- within 24 months
    • Lower Collegiate Court- within 12 months
    • Other Lower Court- within 3 months

    • A case or matter shall be deemed submitted for decision or


    resolution upon the filing of the last pleading, brief, or
    memorandum required by the Rules of Court or by the court itself.
    ARTICLE VIII, SECTION 14
    No decision shall be
    rendered by any court
    without expressing therein
    clearly and distinctly the
    facts and the law on which it
    is based.

    No petition for review or


    motion for reconsideration
    of a decision of the court
    shall be refused due course
    or denied without stating the
    legal basis therefor.
    DOCTRINE OF STARE DECISIS
    The doctrine states that when a case has
    been decided in one way, then another case
    involving similar facts and similar point in
    law should also be decided in the same
    manner. This is known as a precedent in the
    Philippine legal system.
    Justice must be served.

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