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PREAMBLE
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The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
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2.
• Is vested in the supreme
court.
Final bulwark of liberty.
Protects the poor and the
weak.
Protects the right
Judiciary ?
3.
QUALIFICATION TO BECOME A
MEMBER OF THE SUPREME COURT
• Natural born citizen of the Philippines.
• At least 40 years of age.
• A Judge in a court of record for at least 15 years or
engaged in the practice of Law in the Philippines for
the same period .
• A person of proven competence, integrity, probity&
independence . They hold office during good behavior
until they reach the age of 70 years or become
incapacitated to discharge the duties of their office.
They can be removed only by impeachment . Grounds
for impeachment includes conviction of culpable
violation , treason, bribery, others high crimes, or graft
& corruption.
4.
1. To give Justice to the people
It awards punishment to those who found guilty of
violating the laws of the state or the rights of the people.
2. Interpretation and Application of Laws
In the course of deciding the disputes that come before it,
the judges interpret and apply laws.
3. Role in Law-making
The interpretation of laws by the judiciary amounts to
law-making as it these interpretation define the laws.
Functions and
Importance of Judiciary
5.
4. Equity Legislation
Sense of justice, fairness, impartially, honesty and
wisdom for deciding the cases.
5. Protection of Rights
The Judiciary has the supreme responsibility to
safeguard the rights of the people.
6. Guardian of the Constitution
Constitution is the supreme law of the land and it is
the responsibility of the judiciary to interpret and
protect it.
8. Special Role in a Federation
In a federal system, the judiciary has to perform an
additionally important role as a guardian of the
constitution and the arbiter of disputes between the
centre and the states.
6.
9. Running of the Judicial Administration
It has the power to decide the nature of judicial
organization in the state. It frames and enforces its own
rules.
10. Advisory Functions
Very often the courts are given the responsibility to give
advisory opinions rulers of any legal matter.
11. To Conduct Judicial Inquiries
Commissions of enquiry headed by a single judge are
also sometimes constituted or investigating important
and complicated issues and problems.
12. Miscellaneous Functions
Appointment of certain local officials of the court ,
choosing of clerical and other employees.
7.
In the life of the citizens of the state,
Judiciary is a source of confidence and
fearlessness. The common man
depends upon judiciary for getting
justice. Security of rights and freedom
secured by the Judiciary.
Importance of
Independent Judicial
9.
THE JUCIARY IS ONLY FOR ONE
SUPREME COURT
SETTLE ACTUAL CONTROVERSIES
INVOLVING RIGHTS THAT ARE
DEMANDABLE
IN JUDGING, SHOULD BE A
UNIVERSALIST AND SHOULD NOT
PROVOKE ANYONE’S RIGHT
Section 1
10.
THE CONGRESS IS POWERED TO
DEFINE, PRESCRIBE AND APPORTION
THE JURISDICTION OF THE VARIOUS
COUNTS.
NO LAW SHALL BE PASSED
WITHOUT THE RESEMBLANCE OF
THE TENURE’S SECURITY.
Section 2
12.
THE JUDICIARY WILL BE HAVING ONE CHIEF JUSTICE
MARIA LOURDES SERENO
14 Associate Justices
Vacancy will be filled upon 90 days after
the loss.
Section 4
13.
THE SUPREME COURT SHALL HAVE THE
FOLLOWING POWERS:
1. EXERCISE ORIGINAL JURISDICTION OVER CASE
AFFECTING AMBASSADORS, OTHER PUBLIC MINISTERS
AND CONSULS, AND OVER PETITIONS FOR CERTIORARI,
PROHIBITION, MANDAMUS, QUO WARRANTO, AND
HABEAS CORPUS.
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 IN.
Section 5
14.
3. ASSIGN TEMPORARY JUDGE 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.
15.
5. PROMULGATE RULES CONCERNING THE
PROTECTION AND ENFORCEMENT OF THE
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.
16.
THE SUPREME COURT SHALL HAVE
ADMINISTRATIVE SUPERVISION OVER
ALL COURTS AND THE PERSONNEL
THEREOF.
Section 6
17.
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 OR MORE, 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.
Section 7
18.
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 JUDICIARY MUST BE A PERSON
OF PROVEN COMPETENCE, INTEGRITY,
PROBITY, AND INDEPENDENCE.
19.
1. A JUDICIAL AND BAR COUNCIL IS HEREBY
CREATED UNDER THE SUPERVISION OF THE
SUPREME COURT COMPOSED OF CHIEF
JUSTICE AS EX OFFICIO CHAIRMAN, THE
SECRETARY JUSTICE, AND A
REPRESENTATIVE OF THE CONGRESS AS A
EX OFFICIO MEMBERS, A REPRESENTATIVE
OF THE INTEGRATED BAR, A PROFESSOR OF
LAW, A RETIRED MEMBER OF THE SUPREME
COURT, AND A REPRESENTATIVE OF THE
PRIVATE SECTOR.
Section 8
20.
2. THE REGULAR MEMBERS OF THE COUNCIL
SHALL BE APPOINTED BY THE PRESIDENT
FOR A TERM OF FOUR YEARS WITH THE
CONSENT OF THE COMMISSION ON
APPOINTMENTS. OF THE MEMBERS FIRST
APPOINTED, THE REPRESENTATIVE OF THE
INTEGRATED BAR SHALL SERVE FOR FOUR
YEARS, THE PROFESSOR OF LAW FOR THREE
YEARS, THE RETIRED JUSTICE FOR TWO
YEARS, AND THE REPRESENTATIVE OF THE
PRIVATE SECTOR FOR ONE YEAR.
21.
3. THE CLERK OF THE SUPREME COURT SHALL
BE THE SECRETARY EX OFFICIO OF THE
COUNCIL AND SHALL KEEP A RECORD OF ITS
PROCEEDINGS.
4. THE REGULAR MEMBERS OF THE COUNCIL
SHALL RECEIVE SUCH EMOLUMENTS AS MAY
BE DETERMINED BY THE SUPREME COURT.
THE SUPREME COURT SHALL PROVIDE IN ITS
ANNUAL BUDGET THE APPROPRIATIONS FOR
THE COUNCIL.
22.
5. THE COUNCIL SHALL HAVE
THE PRINCIPAL FUNCTION OD
RECOMMENDING APPOINTEES TO
THE JUDICIARY. IT MAY EXERCISE
SUCH OTHER FUNCTIONS AND
DUTIES AS SUPREME COURT MAY
ASSIGN TO IT.
23.
THE MEMBERS OF THE
SUPREME COURT AND THE
JUDGES OF THE LOWER
COURTS SHALL BE APPOINTED
BY THE PRESIDENT OF AT
LEAST 3 NOMINEES FROM THE
LIST.
Section 9
24.
THE SALARY OF THE CHIEF
JUSTICE , ASSOCIATES JUSTICE
OF THE SUPREME COURT AND
THE JUDGES OF LOWER COURT
SHALL BE FIXED BY LAWS.
Section 10
25.
MEMBERS OF THE SUPREME
COURT AND THE JUDGES OF
LOWER COURT SHALL TAKE
THE OFFICE UNTIL THEY
REACH THE AGE OF 70 YEARS.
Section 11
26.
THE MEMBERS OF THE
SUPREME COURT AND OF
OTHER COURTS ESTABLISHED
BY LAW SHALL NOT BE
DESIGNATED TO ANY AGENCY
PERFORMING QUASI-JUDICIAL.
Section 12
27.
THE CONCLUSION OF THE
SUPREME COURT IN ANY CASE
SHALL BE REACHED IN
CONSULTATIONS BEFORE IT IS
ASSIGNED TO A MEMBER.
Section 13
28.
NO DECISIONS SHALL BE
RENDERED BY ANY COURT
WITHOUT EXPRESSING THE
FACTS AND THE LAW WHICH
IT IS BASED.
Section 14
29.
ALL CASES OR MATTERS FILED
MUST BE DECIDED RESOLVED
WITHIN 24 MONTHS FROM THE
DATE OF SUBMISSIONS.
Section 15
30.
THE SUPREME COURTS SHALL WITHIN
30 DAYS FROM THE OPENING OF
EACH REGULAR SESION OF THE
CONGRESS, SUBMIT TO THE
PRESIDENT AND THE CONGRESS AN
ANNUAL REPORT ON THE
OPERATIONS AND ACTIVITIES OF THE
JUDICIARY.
Section 16