The Details about judicial branch

1. Function of the
Judicial Branch

2. At the end of the lesson, the learners should be
able to:
• Discuss the processes, roles and
judiciary;
• Value the importance of
understanding the role of courts in
policy development; and
• Create a flow chart on how legal
complaints are addressed by the
Judicial branch.
Objectives

3. Is the primary agency that
handles matters concerning
the settlements of issue
regarding the rights and
interpretation of law.
What is judiciary?

4. 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 party of any branch or
instrumentality of the Government.
What is judicial power?

5. Functions of the Supreme court
under the Article VIII of the 1987
Philippine Constitution:
1.The Supreme court primarily
handles the cases of
ambassadors, other public
ministers, and consuls.
What are the functions of
Supreme Court?

6. Functions of the Supreme court under the
Article VIII of the 1987 Philippine Constitution:
2. Review, affirm, reverse, or amend the
decision of lower courts on certain cases that
may concern the constitutionality or validity of
international agreement and presidential
decrees, questionable decisions or processes
of the lower courts, cases which are
punishable by lifetime imprisonment, error or
question of law, among others.
What are the functions of
Supreme Court?

7. Functions of the Supreme court under the
Article VIII of the 1987 Philippine
Constitution:
3. Appointments of judges, officials, and
employees of the judiciary.
4. Create and disseminate rules and
procedures concerning the processes in
legal courts as well as the membership to
the Bar.
What are the functions of
Supreme Court?

8. Composition of
Supreme Court

9. The Supreme Court is composed
of a Chief Justice and fourteen
(14) Associate Justices
appointed by the president from a
list of qualifiers from the
screening process done by the
Judicial and Bar Council.
What is the composition of
Supreme Court?

10. List of Justices
Chief Justice Alexander G. Gesmundo
Justice Marvic Mario Victor F. Leonen
Justice Alfredo Benjamin S. Caguioa
Justice Ramon Paul L. Hernando
Justice Amy C. Lazaro-Javier
Justice Henri Jean Paul B. Inting
Justice Rodil V. Zalameda
Justice Mario V. Lopez
Justice Samuel H. Gaerlan

11. List of Justices
Justice Ricardo R. Rosario
Justice Jhosep Y. Lopez
Justice Japar B. Dimaampao
Justice Jose Midas P. Marquez
Justice Antonio T. Kho, Jr.
Justice Maria Filomena D. Singh

12. Hierarchy of the
Judicial Branch

14. Miranda Rights

15. What is Miranda Rights?
The policy of police arrest in the
Philippines requires the reading of the
Miranda doctrine to the arrestee as
stipulated in the Philippine Constitution.
This Miranda doctrine provides an
arrestee or any suspect an awareness of
his right to remain silent and to get his
own lawyer.

16. Three fold aims of
Criminal Investigation

17. Three fold aims of
Criminal Investigation
1. To identify the suspect;
2. To locate the suspect;
and
3. To provide evidence of
his guilt.

18. Six Cardinal Rules
Of Investigation

19. What are the Six Cardinal Rules
Of Investigation?
1. What special offense was
committed?
2. Who committed it?
3. Why he committed?
4. Where it was committed?
5. When it was committed?
6. How it was committed?

20. Physical Evidence

21. What is physical evidence?
Physical evident is
any material or
object that are found
in the crime scene.

22. Three Kinds of
Physical Evidence

23. What are the Three Kinds of
Physical Evidence?
1. Corpus delicti – Body of the
Crime, refers not to a
corpse but to the body of
essential facts that, taken
together, prove that a crime
has been committed

24. What are the Three Kinds of
Physical Evidence?
2. Associative Evidence –
evidence that may link the
suspect to the crime scene.
3. Tracing Evidence –
evidence that is used to locate
the suspect.

25. Quantum of Evidence

26. What is quantum evidence?
Quantum of evidence is the amount of
evidence needed; the quality of proof is
how reliable such evidence should be
considered. Important rules that govern
admissibility concern hearsay,
authentication, relevance, privilege,
witnesses, opinions, expert testimony,
identification and rules of physical
evidence.

27. Type of quantum evidence
Criminal Case – Proof beyond
reasonable doubt
Civil Case – Preponderance
of evidence
Administrative Case –
Substantial evidence

28. Type of quantum evidence
Criminal Case – Proof beyond
reasonable doubt
In a criminal case, the prosecution bears the
burden of proving that the defendant is guilty
beyond all reasonable doubt. This means that
the prosecution must convince the jury that
there is no other reasonable explanation that
can come from the evidence presented at trial.

29. Type of quantum evidence
Civil Case – Preponderance
of evidence
It is settled that the burden of proof lies with
the party who asserts his/her right. In a
counterclaim, the burden of proving the
existence of the claim lies with the defendant,
by the quantum of evidence required by law,
which in this case is preponderance of
evidence.

30. Type of quantum evidence
Administrative Case –
Substantial evidence
Substantial evidence is defined
as such amount of relevant
evidence which a reasonable
mind might accept as adequate to
justify a conclusion.

31. Kinds of Virginity

32. What are the kinds of virginity?
LEGAL MEDICINE
4 KINDS OF VIRGINITY
1. Moral Virginity - is a state wherein the
female is not physically and sexually matured,
and has not experience sexual intercourse.
The sex organs and secondary sex
characteristics are NOT FULLY DEVELOPED.
This applies to children 9 years old below, the
age of puberty.

33. 2. Physical Virginity - a condition of a female wherein she is
conscious about sexual life, the sex organs and secondary
sex characteristics ARE FULLY DEVELOPED but had not
experienced sexual intercourse.
There are 2 types:
a. True Physical Virginity - The woman is sexually matured,
had not experience sexual intercourse and whose hymen is
still intact with distinct regular edges and the opening is small
barely admits the TIP OF THE SMALLEST FINGER.
b. False Physical Virginity - is a condition of a woman who
had not experienced sexual intercourse. The hymen is
unruptured, elastic and distensible and admits 1 or 2
EXAMINING FINGERS WITH LEAST RESISTANCE.
What are the kinds of virginity?

34. 3. Demi - Virginity - is a condition of a
woman who ALLOWS ANY FORM OF
SEXUAL ACTS BUT REFRAIN FROM
RUPTURING THE HYMEN.
4. Virgo Intacta - is a condition of a
woman WHO HAD SEVERAL SEXUAL
INTERCOURSE BUT HAD NOT BORN A
CHILD.
What are the kinds of virginity?