judiciary

Page 1

THE JUDICIARY

  • Introduction to the judiciary system.

Page 2

JUDICIAL POWER

  • Definition: The power to decide on legal disputes.

  • Constitutional Basis:

    • Article VIII, Section 1 of the 1987 Constitution states:

      • "Judicial power shall be vested in one Supreme Court and in such other lower courts as may be established by law."

      • Duty of courts: to settle controversies involving legally enforceable rights and to determine if there has been a grave abuse of discretion by the government.

  • Central Function: Judges adjudicate and interpret law.

Page 3

INDEPENDENCE OF THE PHILIPPINE JUDICIARY

  • Key Aspects:

    • Creation of the Judicial and Bar Council.

    • Expanded power of judicial review.

    • Fiscal autonomy of the judiciary.

    • Power to review martial law proclamations and suspension of habeas corpus.

    • Security of tenure of judges.

    • Supreme Court’s role in presidential elections.

Page 4

OBJECTIVES OF THE JUDICIARY

  • Identify roles and responsibilities of the judiciary.

  • Discuss political neutrality and fairness of the judiciary.

  • Evaluate the judiciary's performance in dispensing justice and protecting freedoms.

  • Identify key actors in prospective judicial reforms.

Page 5

STRUCTURE, ORGANIZATION, AND COMPOSITION OF THE JUDICIARY

  • Overview: The judiciary is comprised of regular courts dedicated to administering justice.

  • Organization includes:

    • Supreme Court

    • Court of Appeals

    • Regional Trial Courts

    • Other trial courts (Metropolitan, Municipal, Municipal Circuit)

Page 6

REGULAR COURTS

  • The judiciary consists of regular courts categorized into:

    • Review Courts:

      • Supreme Court

      • Court of Appeals

    • Trial Courts:

      • Regional Trial Courts

      • Metropolitan Trial Courts

      • Municipal Trial Courts

      • Municipal Circuit Trial Courts

Page 7

SPECIAL COURTS

  • Definition: Tribunals with limited jurisdiction.

  • Shari’a Court:

    • Similar powers to regular courts, but limited to Muslim Filipinos.

Page 8

TAX COURT

  • Court of Tax Appeals:

    • Exclusive appellate jurisdiction over civil tax cases and certain criminal cases.

Page 9

SANDIGANBAYAN

  • Sandiganbayan:

    • Jurisdiction over civil cases involving public officers, including graft and corruption.

Page 10

QUASI-JUDICIAL AGENCIES

  • Definition: Agencies that exercise adjudicatory powers in specific controversies.

  • Examples include:

    • Civil Service Commission

    • Commission on Elections

    • Commission on Audit

Page 11

ORGANIZATION OF REGULAR COURTS

  • Diagrammatic representation of court organization including various types of courts and judges in the judiciary.

Page 12

JUSTICE DELAYED

  • Question: "Do you agree that 'justice delayed is justice denied'?"

Page 13

THE SUPREME COURT

  • Known as the court of last resort.

  • Composition: Chief Justice and 14 Associate Justices.

Page 14

SUPREME COURT POWERS

  • Jurisdiction and powers granted by the Constitution.

Page 15

POWERS OF THE SUPREME COURT

  • Original jurisdiction:

    • In cases involving ambassadors, petitions for certiorari, prohibition, mandamus, etc.

  • Power to review final judgments from lower courts under specific conditions:

    • Constitutionality of treaties and laws.

    • Legality of taxes and assessments.

    • Jurisdictional issues in lower courts.

    • Serious criminal cases.

    • Questions of law.

Page 16

ADDITIONAL POWERS OF THE SUPREME COURT

  • Temporary assignment of judges.

  • Change of venue to avoid justice miscarriage.

  • Rule-making for protection and enforcement of rights and legal procedures.

  • Appointment of judiciary officials as per Civil Service Law.

Page 17

ADMINISTRATIVE SUPERVISION

  • Section 6: Supreme Court's administrative supervision over all courts.

  • The structure under the Supreme Court includes various councils and offices responsible for judiciary affairs, including the Judicial and Bar Council.

Page 18

QUALIFICATIONS FOR Supreme Court MEMBERS

  • Natural-born Filipino citizen.

  • At least 40 years old.

  • 15 years or more as a judge or engaged in law practice.

  • Proven competence, integrity, and probity.

Page 19

JUDICIAL APPOINTMENTS

  • Congress prescribes qualifications for lower court judges.

  • Appointment process: Nominees from the Judicial and Bar Council, no confirmation required, issued by the President.

  • Justices can be removed through impeachment.

  • Lifetime tenure until 70 years old or incapacitation, with disciplinary authority vested in the Supreme Court.