The Philippine Judiciary

T HE J UDICIAL D EPARTMENT

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 ?

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

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

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

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

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

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

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

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

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The Philippine Judiciary

by brianbelen on Aug 18, 2010

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The Philippine Judiciary — Presentation Transcript