pol 10 (the judiciary)

7/30/2019 Pol 10 (the Judiciary)

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THE JUDICIARY

JUSTICE: Fair treatment of people under the principle of

the rule of law by people in positions of authority.

A decision is considered just if it meets a societys currentstandards of what constitutes fair treatment under the

law.

Cultural relativism: the idea that each society sets its ownstandards in accordance with its own culture, and thatwhat is correct in one society maybe repugnant inanother.

Because of this, different conception of justice do exist anddifferent systems have been established for theadministration of justice.


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The law makers and implementers may not be just,

themselves, hence most polities have established an

institution of government called JUDICIARY whoseprimary function is to ensure that people will be treated

fairly under law.

CHOOSING JUDGES

The people who make the final decisions on political

and governmental matters must not only know and

respect their nations system of law and standard of

justice, but also must command respect and obedience.

(Legitimacy)

Three means to achieve legitimacy (a) appoint only

those whose past careers gave them that knowledge

and respect, (b) give the right of appointment to officials


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who are themselves respected because of the importance

of the offices they occupy and (c) surround the judicial role

with the physical trappings of dignity and stature.

Judicial Independence means that the judicial branch isprotected, usually by constitutional guarantees, frominterference by the other two branches (legislative and

executive) in the conduct of its work.

Means of Maintaining Judicial Independence:

1. Let other judges exercise the power to control the judges.

(Self-regulating agencies of their own creation)2. Make the process of removing judges extremely difficult

and complex.

3. Give the judges the right of judicial review.


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LAW is a regulation established by public authorities andmust be obeyed and followed by members of society,

subject to sanctions or legal consequences.

A law does not only resolve private conflicts among

individuals and groups, grant rights and privileges,

impose duties and responsibilities but also express a

societys goals and aspirations.

Types of Law

1. Criminal Law. Acts defined as criminal are consideredevil threatening the whole community because they

disturb the public order or threaten public welfare. The

state rather than the aggrieved party is always the

prosecutor (plaintiff).


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Three Categories of Criminal Offenses

a. Petty Offenses. Normally punished by a fine. (ex. Trafficviolations)

b. Misdemeanors. Serious but not major offenses and arepunishable by larger fines or short jail terms. (ex.Gambling, prostitution)

c. Felonies. Major crimes that are punishable by

imprisonments. (ex. Rape, murder, robbery)

2. Civil Law. This law is different from criminal law in that itprovides redress for private individuals or group who feelthat they have been injured. (Ex. Marriage, divorce,custody of children, inheritance, the conduct of business)

3. Constitutional Law. It refers to the Constitution togetherwith the judicial rulings about its meaning and intent.


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Constitutional law is not static but a living and growing

institution.

4. Administrative Law. Regulatory orders enacted byappropriate government agencies. This law develops

when regulatory agencies interpret the statutes passed

by Congress.

5. International Law. This law consists of Internationaltreaties and conventions and long-established customs

recognized by most nations. This law is something

that cannot be enforced like a regular national law. Its

effectiveness is dependent on the signatories

compliance, reciprocal benefit and threat, coercion and

deprivation.


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THE PHILIPPINE JUDIARY

JUDICIAL POWER is the authority exercised by that

department of government which is charged with thedeclaration of what the law is and its construction.

(Bouviers Law Dictionary)

It is the power of the court to decide and pronounce ajudgment and carry it into effect between persons and

parties who bring a case before it for decision. (Justice

Miller)

Judicial power is vested in the Supreme Court and in suchlower courts as maybe established by law. (Article VIII

Section 1, Philippine Constitution.


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The Composition of the Philippine Supreme Court

1. Chief Justice (1)

2. Associate Justices (14)

The Powers of the Supreme Court (Art. VIII, Sec. 5)

1. Exercise original jurisdiction over cases affectingambassadors, other public ministers and consuls and over

petitions for certiorari, prohibition, mandamus, quo warrantoand habeas corpus.

2. Review, revise, reverse, modify or affirm on appeal orcertiorari, as the law or the Rules of Court may provide, final

judgements and order of lower courts in:

a. All cases in which the constitutionality of any treaty,international or executive agreement, law presidentialdecree, proclamation, order, instruction or regulation is in

question.


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b. All cases involving the legality of any tax, impost,assessment or toll, or any penalty imposed in relation

thereto.

c. All cases in which the jurisdiction of any lower court isin issue.

d. All criminal cases in which the penalty is reclusionperpetua or higher.

e. All cases in which only an error or question of law isinvolved.

3. Assign temporarily judges of lower courts to otherstations as public interest may require. Such temporary

assignment shall not exceed six months without the

consent of the judge concerned.


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4. Order a change of venue or place of trial to avoid amiscarriage of justice.

5. Promulgate rules concerning the protection andenforcement of constitutional rights, pleading, practice andprocedure in all courts, the admission to the practice oflaw, the Integrated Bar, and legal assistance to the

underprivileged. Such rules shall provide a simplified andinexpensive procedure for the speedy disposition of cases,shall be uniform for all courts of the same grade, and shallnot diminish, increase or modify substantive rights. Rulesof procedure of Special Courts and quasi-judicial bodies

shall remain effective unless disapproved by the SupremeCourt.

6. Appoint all officials and employees of the Judiciary inaccordance with the civil service Law.


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NOTE: Congress has the power to define, prescribe andapportion the jurisdiction of the various courts but cannot

deprive the Supreme Court the jurisdiction over cases

under Art. VIII Sec. 5

Qualifications to Become Member of the Supreme Courtor any lower collegiate court.

1. Natural-born citizen2. At least 40 years of age

3. Must have been a judge or engaged in the practice of

law in the Philippines for at least 15 years.

Qualifications for Lower Court Judges:

1. Citizen of the Philippines

2. Member of the Philippine Bar


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NOTE: A member of the Judiciary must be a person ofproven competence, integrity, probity and independence.

THE JUDICIAL AND BAR COUNCIL

Its principal function is to recommend appointees tothe Judiciary although it may exercise other functionsand duties as the Supreme Court may assign to it.

The composition of this council:

1. Chief Justice (Ex-officio Chairman)

2. The Secretary of Justice (Ex-officio member)

3. A representative of Congress (Ex-officio member)4. A representative of the Integrated Bar

5. A Law professor

6. A retired Supreme Court Member

7. A representative of the private sector


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The president appoints the members of the Supreme Court

and judges of lower courts from a list of at least three

nominees prepared by the Judicial and Bar Council forevery vacancy. Such appointments need noconfirmation.

The president shall issue the appointments within 90 days

from the submission of the list.

The Supreme Court Members and judges of lower courts

shall hold office during good behavior until they reach

the age of 70 or become incapacitated to discharge theduties of their office.

The Supreme Court en banc has the power to discipline

judges of lower courts.


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The disciplinary authority of the court over members of the Bar

is broader than the power of the court to punish for

contempt. The disciplinary authority of the Court overmembers of the Bar is but corollary to the Courts exclusive

power of admission to the Bar.

Kinds of Jurisdiction1. Original Jurisdiction. Refers to the authority of the court to hear and

decide any legal controversy brought for the first time

2. Appellate jurisdiction. Refers to the authority of the court to take action

on a case appealed before it, which was previously decided by the

lower courts.3. General Jurisdiction. Refers to the general empowerment extended to a

court to hear, try and decide all cases except those disputes and

controversies expressly assigned to the other courts of justice


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4. Limited Jurisdiction. Refers to the courts authority to

decide on all disputes limited to special cases. (ex.

Court of Tax Appeals)

5. Exclusive Jurisdiction. Refers to the courts solejurisdiction to decide on a case, which cannot be tried

by any other courts.

6. Concurrent Jurisdiction. Refers to the jurisdiction of one

or more courts to hear, try and decide the case.

Jurisdiction of the Supreme Court

1. Original Jurisdiction

A. Special Civil Actions

1. Certiorari. It is a writ issued from a superior court requiring a

lower court or a board of officer exercising judicial functions to

transmit the record of a case to a higher court for purposes of

review.


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2. Prohibition. It is a written order byu which a superior court

commands a lower court or a corporation, board or person to desist

from further proceedings in action or matter.

3. Mandamus. It is an order commanding a lower court orcorporation, board or person to perform a certain act which is its or

his duty to do.

4. Quo Warranto. It is an act to recover an office or franchise

from an individual or corporation usurping or unlawfully holding it.

B. Ambassadors, other Public Ministers and consuls

2. Appellate Jurisdiction. The only power , which the Congress may

exercise, with respect to this jurisdiction is to determine whether the

elevation of cases from the lower court should be done through

appeal or certiorari, a matter of procedure.

3. Rule-Making Power. The Supreme Court is mandated to promulgate

rules concerning the protection and enforcement fo constitutional

rights and the like.


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Sitting Procedure of the Supreme Court

1. En Banc (As a whole body)

a) All cases involving the constitutionality of a treaty,international or executive agreement, or law;

b) All other cases which under the Rules of Court are

required to be heard en banc including those involving

the constitutionality, application or operation ofpresidential decrees, proclamations, orders, instructions,

ordinances and other regulations.

c) Modification or reversal of the doctrine or principle laid

down by the supreme Court and a decision en banc or indivision. And

d) When the required number of votes is not obtained in the

case heard by the division.


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2. Division.

a) In all other cases the division of three, five or seven will

hear any issue. Cases or matters heard by a divisionshall be decided or resolved by a majority of the

members who actually participated in the deliberations.

Sharia Courts (PD1086) were established a s a result ofthe 1976 Tripoli Agreement. They are either Disctrict

Sharia Court or Sharia Circuit Court.

Jurisdiction may be classified according to the following:

pol 10 (the judiciary)

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