THE JUDICIARY
Presented by: Jecel Mary Pearl Gaoat
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Organization and Powers of the Judiciary in the Philippines, Summaries of Literature
An overview of the judiciary in the philippines, including its organization, special courts, and legal bodies. It discusses the supreme court, its members' qualifications, and their roles and responsibilities. The document also covers the intermediate appellate court, regional trial courts, metropolitan trial courts, special courts, and special legal bodies. It highlights the independence of the courts and their role in settling legal disputes and interpreting the constitution.
Typology: Summaries
2014/2015
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THE JUDICIARY
Presented by: Jecel Mary Pearl Gaoat
CONTENTS
Introduction 1 Organization of the Judiciary 2 Special CourtsandLegal Bodies 3 (^4) TheSupremeCourt (^5) Asessment
INDEPENDENCE OF THE JUDICIARY The courts in the Philippines enjoy independence from the other branches of government to protect the rights.
Courtshavethedutytosettleactual controversiesandcannotdismiss themonthegroundthat theyinvolvepoliticalquestions. 1 ThemembersoftheSupremeCourtandthe judgesofthelowercourtshold officeduringgoodbehavior untiltheyreachretirementage. 2 ThesalariesofthemembersoftheSupremeCourt andjudgesofthelowercourtsarefixedbylaw andcannotbedecreasedofitssalary. (^3) Ajudgemustbeapersonofgoodcharacter, integrity,andindependenceitsself. 4 Courtsmustdecidecaseswithincertaindeadlines. 5 AnindependentJudicialandBarCouncil shallrecommendappointmentstothejudiciary. 6 The Constitution ensures the indepenence of the Judiciaryand the swift resolution of legal cases in the following ways ( Article VIII):
2 Special Courts
The court of Tax Appeal
02 The Sandiganbayan
2 Special Legal Bodies
The Judicial and Bar Council
The Tanodbayan
The Supreme Court
The Supreme Court is the highest court in the land. It is composed of fifteen qualifications.
- Be a natural-born citizen of the Philippines 2.At least you are fourty years of age (40)
- A judge of record engaged in the practice of law for at least 15 years.
- It hears legal cases affecting ambassadors, public ministers and consuls, and goes over positions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
- It interprets the Constitution and can declare any treaty, executive order or legislative act invalid because it is in conflict with the charter.
- It us the court of last appeal to review the judgements of lower courts
- It reviews all appeals on sentences of life imprisonment and death.
- It can be temporarily assign judges of lower courts to other places for a period of not more than 6 months, unless the judge consents to a longer stay. Powers of the Supreme Court
6. It can order a change of place trial.
7. It can appointsjudiciary officials and employees
in accordance with the Civil Service Law.
8. It can discipline judges of lower courts or order
their dismissal.
9. It promulgates rules on court procedure and
practice, admission to the practice of law, the
Intergrated Bar and legal aid of the poor.
The Regional Trial Courts
The Regional Trial Courts replaced the former Courts
of First Instance.There are 13 of these courts, one of
each ofthe thirteenth regions that is cover up.
Metropolitan Trial Courts These Municipal courts of the cities and municipalities. Now the courts in cities and municipalities are called municipal courts.
The Court of Tax Appeal
It is composed of a Preding Judge and two
Associate Judges appointed by the President.
This is a special anti- graft court. It decides cases
involving graft and corruption by government
officials and employees.
The Sandiganbayan
The Special Legal Bodies
Aside from the special court, there are two
Special Legal Bodies,
The Judicial anf Bar Council
The Tanodbayan
The Tanodbayan
The tanodbayan or Ombudsman was previously
created by presidential decree (P.D. No. 1487 of
June 11, 1978). Now it is authorized by the
Constitution. It acts as the prosecutor in bringing
graft cases before the Sandiganbayan. the
Tanodbayan and his deputies serve for seven
years without reappointment.
Assessment: 1-5. According to the Judiciary Reorganization Act of 1980 (Batas Pambansa No.129), The judiciaryis composed of what courts?
- This is special anti-graft court. It decides cases involving graft and corruption by government officials and employees. 7-8. What are the two Special Courts
- What is the courts in the Philippines enjoy independence from the other branches of government.
- This Court hears civil and criminal cases appealed from the REgional Trial Courts.