By: GROUP 4
“The judicial power shall be vested in one
Supreme Court and in such lower courts as
may be established by law.
Judicial p...






Adjudicatory Power
◦ To settle actual controversies involving rights
◦ To determine whether there has been a
grav...



Final decision maker
Highest court of the land

Classes of Courts


Constitutional Court
◦ Provided by the constitut...


Regular
◦ Court of Appeals
◦ Regional Trial Court
 Metropolitan Trial Court
 Municipal Trial Court
 Municipal Circui...




Agencies under the Executive Department
performing duties similar to the Judicial
Department
Make pronouncements and...


The Supreme Court shall have the
following powers:

1. Exercise original jurisdiction over
cases affecting ambassadors,...
2. Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules of
Court may provide, final...
5. Promulgate rules concerning the
protection and enforcement of
constitutional rights, pleading, practice,
and procedure ...


Settle disputes concerning consuls or
diplomats
◦ They enjoy immunity from domestic suits or
cases



Petition for Cer...


Mandamus
◦ Order by a superior court to a lower court to
do perform a certain act which it is bound to
do so



Quo Wa...
(1)

No person shall be appointed
Member of the Supreme Court or
any lower collegiate court unless he
is a natural-born ci...
(2)

The Congress shall prescribe the
qualifications of judges of lower
courts, but no person may be
appointed judge there...









Natural-born Philippine citizen
At least 40 years old
At least 15 years experience of being Judge
at the low...
(1)

The Members of the Supreme Court and
judges of lower courts shall be appointed
by the President from a list of at lea...
“The Members of the Supreme Court and
judges of the lower court shall hold office
during good behaviour until they reach
t...
The Supreme Court shall be composed
of a Chief Justice and fourteen
Associate Justices. It may sit en banc
or in its discr...


All cases involving the constitutionality of a
treaty, international or executive agreement, or
law, which shall be hea...
(3)

Cases or matters heard by a division shall
be decided or resolved with the
concurrence of a majority of the Members
w...






Composed of 15 Judges
Chief Justice
Appointed by the President
Hearing Procedure
◦ In performance of their job, ...


Constitutionality Issues
◦ treaty, international law, executive
agreement, laws
◦ presidential decrees, proclamations, ...


Cases where majority vote is not obtained
at the lower courts
◦ Division with 3 members
◦ Majority vote is equals to?
3...
Judiciary (history report)
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Judiciary (history report)

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Judiciary (history report)

  1. 1. By: GROUP 4
  2. 2. “The judicial power shall be vested in one Supreme Court and in 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.”
  3. 3.    Adjudicatory Power ◦ To settle actual controversies involving rights ◦ To determine whether there has been a grave abuse of discretion to lack or excess of jurisdiction Judicial Review ◦ Interpret the law and make them binding judgements ◦ Constitutionality of the laws Incidental Power ◦ powers essential for the discharge of their judiciary function
  4. 4.   Final decision maker Highest court of the land Classes of Courts  Constitutional Court ◦ Provided by the constitution ◦ One Supreme Court  Statutory Courts ◦ Creations of law  Legislative ◦ Lower courts  Courts below the Supreme Court
  5. 5.  Regular ◦ Court of Appeals ◦ Regional Trial Court  Metropolitan Trial Court  Municipal Trial Court  Municipal Circuit Trial Court ◦ Shari’a District Court  Special ◦ Sandiganbayan  Review cases filed against government officials ◦ Court of Tax Appeals  Review appeals on the decisions of the BIR
  6. 6.   Agencies under the Executive Department performing duties similar to the Judicial Department Make pronouncements and judgements on certain issues ◦ Commission on Elections ◦ National Labor Relations Commission ◦ Securities and Exchange Commission ◦ They render judgements just like the Judicial Department, yet they form part of the Executive Department
  7. 7.  The Supreme Court shall have the following powers: 1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
  8. 8. 2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of lower courts. 3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned. 4. Order a change of venue or place of trial to avoid a miscarriage of justice.
  9. 9. 5. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the under-privileged. 6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
  10. 10.  Settle disputes concerning consuls or diplomats ◦ They enjoy immunity from domestic suits or cases  Petition for Certiorari ◦ Special civil action requesting a lower court or body to transmit the records to the superior court for review  Prohibition ◦ Writ by which the superior court prohibits the lower court or body to stop further proceedings
  11. 11.  Mandamus ◦ Order by a superior court to a lower court to do perform a certain act which it is bound to do so  Quo Warranto ◦ Action by the government to recover an office or franchise from an individual unlawfully holding it  Automatic Review of Cases sentenced by lower court with Reclusion Perpetua or Death Penalty
  12. 12. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court unless he is a natural-born citizen of the Philippines. A Member of the Supreme Court must be at least forty years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice of law in the Philippines.
  13. 13. (2) The Congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine Bar. (3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.
  14. 14.      Natural-born Philippine citizen At least 40 years old At least 15 years experience of being Judge at the lower court or engaged in the practice of law Person of proven competence, integrity, probity and independence For lower court Judges, natural-born citizenship requirement is not necessary
  15. 15. (1) The Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees preferred by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation. (2) For the lower courts, the President shall issued the appointment within ninety days from the submission of the list.
  16. 16. “The Members of the Supreme Court and judges of the lower court shall hold office during good behaviour until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of majority of the Members who actually took part in the deliberations on the issues in the case and voted in thereon.”
  17. 17. The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled within ninety days from the occurrence thereof.
  18. 18.  All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.
  19. 19. (3) Cases or matters heard by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reversed except by the court sitting en banc.
  20. 20.     Composed of 15 Judges Chief Justice Appointed by the President Hearing Procedure ◦ In performance of their job, are they required to always meet as a single group of 15? ◦ Due to the huge volume of pending cases filed at them  En banc  Divisions of three members (5 divisions)  Divisions of five members (3 divisions)  Divisions of seven members (2 divisions) - Gravity and importance of the case - At least three judges agreeing
  21. 21.  Constitutionality Issues ◦ treaty, international law, executive agreement, laws ◦ presidential decrees, proclamations, and orders  Majority of the members of the judiciary who participated in the hearing  If majority votes were not obtained, constitutionality is upheld  15 members – quorum is 8 – votes required is only 5  Administrative proceedings for the dismissal of a judge of a lower court
  22. 22.  Cases where majority vote is not obtained at the lower courts ◦ Division with 3 members ◦ Majority vote is equals to? 3 votes ◦ What will happen if two judges agreed, the other disagreed?  Case will be decided by en banc  Modifying decisions in cases decided in an en banc session

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