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The Philippine Judiciary
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The Philippine Judiciary

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Lecture slides on the Philippine Judiciary. …

Lecture slides on the Philippine Judiciary.

These slides were for an undergraduate course on Philippine Politics and Governance I taught between 2003-2005.

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  • There are three kinds of courts in the country: SUPREME COURT – The highest court of the land REGULAR COURT – Appelate court, Regional Trial Court, etc. QUASI JUDICIAL BODIES – NLRC, SEC, etc. Each court has its own jurisdiction
  • Transcript

    • 1. T HE J UDICIAL D EPARTMENT
    • 2. Overview
      • What is judicial power ?
      • What are the characteristics and scope of judicial power?
      • What is the Supreme Court and what are its powers?
      • What is the Judicial and Bar Council ?
      • What happens when a court decision is reached ?
    • 3. The Judicial Department
      • Article VIII, Section 1: Judicial power will be vested in the Supreme Court and all lower courts
      • Judicial power : the power to apply the laws to contests or disputes concerning legally recognized rights
      • Loosely, the judiciary refers to the court system
    • 4. Judicial Power
      • Generally entails two activities:
        • Settling legal controversies
        • Determining whether there has been grave abuse of discretion amounting to lack or excess of jurisdiction by any branch of government
    • 5. Scope of Judicial Power
      • Adjudicating Power
        • The power to settle legal disputes
      • Power of Judicial Review
        • Refers to the power of the Supreme Court to interpret and make judgments with respect to the law
      • Incidental Powers
        • Powers necessary for the discharge of the judicial function
    • 6. The Supreme Court
      • Composition
        • 1 Chief Justice and 14 Associate Justices
        • Sits en banc or in divisions
      • Qualifications
        • By appointment
        • 40 years of age
        • Natural born citizen
        • Judge or legal practitioner for 15 years
    • 7. Powers of the Supreme Court
      • SC has jurisdiction over:
        • Cases involving ambassadors and public ministers
        • Petitions for certiorari , mandamus , quo warranto , prohibition & habeas corpus
      • Review judgments of lower courts
        • Cases involving constitutionality, legality of any tax, reclusion perpetua and errors on questions of law
    • 8.
      • Assignment of judges to the lower courts
      • Order a change of venue for a trial
      • Promulgate rules of court
      • Appoint officials of the judiciary and hire employees for the judicial branch
      Powers of the Supreme Court
    • 9. Judicial and Bar Council
      • Tasked with nominating appointees to the Judiciary (SC  3)
      • Composition:
        • Chief Justice
        • Secretary of Justice
        • Representative from Congress
        • IBP Representative
        • Prof. of law
        • Private Sector Representative
    • 10. Rendering Court Decisions
      • Once a decision is reached, a SC Justice is assigned to write an opinion
      • The opinion is certified by the Chief Justice and served to the parties concerned
      • Dissentions and abstentions must be explained
      • The opinion must explain facts of law