Q2: Judiciary Branch

8

Judicial branch is stipulated under Article ___ of the 1987 Constitution

Judicial Power

Power to apply and interpret the laws

judiciary

This refers to the court system, loosely

Settling legal controversies; determening grave abuse of discretion

Two activities of judicial power:

Adjudicating Power, Power of Judicial Review, Incidental Powers

Scope of Judicial Power (API)

Adjudicating Power

Power to settle legal disputes

Power of Judicial Review

Power of SC to interpret and make judgments with respect to law

Incidental Powers

Powers necessary for the discharge of the judicial function

Supreme Court

This is the highest court. Has jurisdiction over the cases of ambassadors and public minsters, and petitions for certiorari, mandamus, quo warranto, prohibition & habeas corpus; reviewing judgments of lower courts

Chief Justice

Head of the SC

Alexander Gesmundo

Current Chief Justice

1 Chief Justice, 14 Assoc. judges; sits en banc

Composition of the SC

~40yrs.; by appointment; natural born citizen; judge/legal practitioner for 15 yrs.

Qualifications and structure of members of the SC

Judicial and Bar Council

Tasked with nominating appointees to the judiciary

Chief Justice, Secretary of Justice; Rep. from congress; IBP rep.; Prof. of law; Private sector rep.

Composition of JBC

opinion

Once a decision is reached, a SC Justice is assigned to write a(n) ____

Supreme Court; Court of Appeals; Regional Trial Court; Metropolitan Trial Courts; Municipal trial Courts; Municipal trial Courts in Cities; Municipal Circuit Trial Courts

The 7 Regular courts (SCR MeMuMuMu)

Sandiganbayan; Court of Tax Appeals; Shari’a District Courts; Shari’a Circuit

The 4 Special Courts

Court of Appeals

This court has jurisdiction over appeals from the decisions of the RTCs

Sandiganbayan

Handles cases of crimes or felonies of public oficials and employees in relation to their office

Court of Tax Appeals

Vested with exclusive appellate jurisdiction over appeals from the decisions of the Commissioner of Internal Revenue and the Commissioner of Customs

Regional Trial Courts

Handles cases on a regional basis (720 RTCs for all 13 Regions). Appeals the cases from a Municipal and Metropolitan level

Shari’a Courts and Circuit Courts

Handles Muslim Code on Personal Laws

Municipal Trial Courts and Municipal Circuit Trail Courts

Courts per every municipality; the circuit covers 2 or more municipalities

Metropolitan Trial Courts and Municipal Trial Courts in Cities

Municipal trial courts in a city or town which are distinguished from other political subdivisions; in cities outside of Metrpolitan area, the equivalent of MTC is MTCC.

Ombudsman

An impartial official who investigates complaints against government agencies or other institutions to ensure services are fair and lawful. It operates independently, not subject to the direction or control of the judiciary or other government branches

Jesus Crispin Remulla

Current Ombudsman