Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 2K views

    Article Viii Judicial Department: Prepared By: Prof. Hyman Jay H. Blanco, Rcrim, Mscrim, JD

    Uploaded by

    Hyman Jay Blanco
    The document discusses the judicial department and powers of Philippine courts. It describes the adjudicatory and judicial review powers of courts to settle disputes and determine constitutionality of laws. It also outlines the organization and jurisdiction of the Supreme Court, Court of Appeals, regional trial courts, and special courts like the Tax Court. The qualifications, terms, and prohibitions on judges are summarized. Finally, it briefly introduces the Judicial and Bar Council which oversees selection of justices and judges.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd

    Article Viii Judicial Department: Prepared By: Prof. Hyman Jay H. Blanco, Rcrim, Mscrim, JD

    Uploaded by

    Hyman Jay Blanco
    2K views21 pages
    The document discusses the judicial department and powers of Philippine courts. It describes the adjudicatory and judicial review powers of courts to settle disputes and determine constitutionality of laws. It also outlines the organization and jurisdiction of the Supreme Court, Court of Appeals, regional trial courts, and special courts like the Tax Court. The qualifications, terms, and prohibitions on judges are summarized. Finally, it briefly introduces the Judicial and Bar Council which oversees selection of justices and judges.

    Original Description:

    Philippine Constitution

    Original Title

    Article VIII

    Copyright

    © © All Rights Reserved

    Available Formats

    PPT, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses the judicial department and powers of Philippine courts. It describes the adjudicatory and judicial review powers of courts to settle disputes and determine constitutionality of laws. It also outlines the organization and jurisdiction of the Supreme Court, Court of Appeals, regional trial courts, and special courts like the Tax Court. The qualifications, terms, and prohibitions on judges are summarized. Finally, it briefly introduces the Judicial and Bar Council which oversees selection of justices and judges.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    2K views21 pages

    Article Viii Judicial Department: Prepared By: Prof. Hyman Jay H. Blanco, Rcrim, Mscrim, JD

    Uploaded by

    Hyman Jay Blanco
    The document discusses the judicial department and powers of Philippine courts. It describes the adjudicatory and judicial review powers of courts to settle disputes and determine constitutionality of laws. It also outlines the organization and jurisdiction of the Supreme Court, Court of Appeals, regional trial courts, and special courts like the Tax Court. The qualifications, terms, and prohibitions on judges are summarized. Finally, it briefly introduces the Judicial and Bar Council which oversees selection of justices and judges.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    of 21

    Article VIII

    Judicial Department
    Prepared by:
    Prof. Hyman Jay H. Blanco, RCrim, MSCrim*, JD*
    It is the power to apply the laws
    to contest or disputes concerning
    legally recognized rights or
    duties between the state and
    private persons or between
    individual litigants in cases
    properly brought before the
    judicial tribunals.
    Scope
     Adjudicatory power
     To settle actual controversies

     Determine whether there has been grave


    abuse
     Judicial review
     Pass the constitutionality of the laws

     Interpret them

     Render binding judgment

     Incidental powers
    Organization of
    Courts
    Regular Courts
     Court of Appeals
     69 justices,23divisions w/ 3 members

     Regional Trial Courts


     720 RT judges per regions of the
    country
     Metropolitan Trial Courts
     Municipal Trial Courts
     Municipal Circuit Trial Court
    Special Courts
     Tax of Appeals
     With 3 judges
     Created by RA # 1125
     Sandigang Bayan
     With 15 justices
     Operates in 5 divisions with 3 members
     Created by PD # 1606
    Quasi-judicial Agencies
    Administrative bodies under
    the executive branch
    performing judicial functions,
    like National Labor Relations
    Commission, the Employees
    Compensation Commission,
    etc.
    Importance of the
    judiciary
     Confidence in the certain and
    even administration of justice
     Preservation of the government

     Respect fro law and order


    Jurisdiction of courts
     General  Exclusive

     Limited  Concurrent

     Original  Criminal

     Appellate  Civil
    Composition of the
    Supreme Court
     15 members
    1 chief justice
     14 Associate justices
    Sitting Procedure
     En banc
     In divisions

     5 divisions with 3 members

     3 divisions with 5 members

     2 divisions with 7 and 8


    members
    Qualifications of Supreme Court
     Must be a natural born

     At least 40 years of age

     15 years or more been a judge or


    engaged in practice of law in the
    Philippines
     A person of proven competence,
    integrity, probity and
    independence
    Qualifications of the Lower
    Courts
     Must be a Filipino citizen
     Must be a member of Integrated
    Bar of the Philippines
     Must be a person of proven
    competence, integrity, probity
    and independence
    Term of Office of members of
    the Supreme Court and
    judges of the lower Courts
    during good behavior or until
    they reach the age of 70 yrs or
    become incapacitated to
    discharge the duties of their office
    Powers of the Supreme Court
     Original jurisdiction over cases affecting
    diplomatic agents
     Original jurisdiction over petition for
    certiorari, mandamus, prohibition, quo
    warranto
     Exclusive appellate jurisdiction
     Appeal
     Cetiorari
     Questions of law
     Assign temporary judges for lower
    courts for 6 months
     Order a change of venue

     Provide rules concerning the


    protection and enforcement of
    constitutional rights
     Submission of annual report
    Prohibitions
     Prohibition against designation to
    quasi-judicial and administrative
    office
     No rendering decision by any
    court without stating clear and
    distinct facts
    Maximum rendition of
    decisions
     Supreme Court—24 months
     Court of Appeals—12 months

     Lower Courts—3 months


    Judicial And Bar
    Council
    A non-political process of
    selection and appointment
    of members of the
    Supreme Court and judges
    of lower courts
    Composition
     Chief Justice as the Ex officio chairman
     Secretary of Justice as ex officio member
     Representative from the Congress as ex officio
    member
     The SC secretary will be the ex officio secretary
     Regular members
     A representative from Congress (4 yrs.)

     A professor of law (3 yrs.)

     Retired member of SC (2 yrs.)

     Representative from private sector (1 yr)

    You might also like