judicial department article viii (jhustyn)

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JUDICIAL DEPARTMENT(Article VIII)Prepared By: Jhustyn Ryerson C. Delos Trinos

TheJudicial Department(sometimes called theJudiciaryor theJudiciary Department) was the primary law enforcement agency for the Galactic Republic. Under the command of the Galactic Senate, it became adepartmentof the Office of the Supreme Chancellor during the last decades of the Republic.1

JUDICIAL DEPARTMENTJUDICIAL POWER

JUDICIAL DEPARTMENTJUDICIAL POWERThe authority of the court to hear and decides all cases.

JUDICIAL DEPARTMENTDoctrine of Judicial Supremacy

JUDICIAL DEPARTMENTDoctrine of Judicial SupremacyProvides the Fact that while the judiciary neither enjoys the powerof the sword nor the purse.

JUDICIAL DEPARTMENTPower of Judicial Review

JUDICIAL DEPARTMENTPower of Judicial ReviewThe power of the courts to test the validity of executives.

JUDICIAL DEPARTMENTPower of Judicial ReviewRequisites of Judicial Review:

JUDICIAL DEPARTMENTPower of Judicial ReviewRequisites of Judicial Review:a.Actual case or controversy

JUDICIAL DEPARTMENTPower of Judicial ReviewRequisites of Judicial Review:b.Constitutional question must be raised by the proper party

JUDICIAL DEPARTMENTPower of Judicial ReviewRequisites of Judicial Review:c.Constitutional question must be raised at the earliest opportunity

JUDICIAL DEPARTMENTPower of Judicial ReviewRequisites of Judicial Review:d.Determination of constitutionality of the statute must be necessary.

JUDICIAL DEPARTMENTPower of Judicial ReviewFunctions of Judicial Review:

JUDICIAL DEPARTMENTPower of Judicial ReviewFunctions of Judicial Review:CheckingLegitimizingSymbolic


Checking

Invalidates a law or executive acts15


Legitimizing

Upholds the validity of the law that results from a mere dismissal of case16


Symbolic

Educates the bench and bar as to the controlling principles.17

JUDICIAL DEPARTMENTEffects of declaration of Unconstitutionality:

1. The Law is VOID

If it does not enjoy any presumptions of validity because it is patently offensive to the constitution.18

JUDICIAL DEPARTMENTEffects of declaration of Unconstitutionality:

1. The Law is VOIDABLE

If it enjoys the presumption on contitutionality.19

JUDICIAL DEPARTMENTDuties of the Court of Justice (Art. VII, Sec.1)

JUDICIAL DEPARTMENTDuties of the Court of Justice:

a. To settle actual controversies involving rights

JUDICIAL DEPARTMENTDuties of the Court of Justice:

b. To determine whether or not there has been a grave abuse of discretion

JUDICIAL DEPARTMENTSUPREME COURTChief Justice

JUDICIAL DEPARTMENTSUPREME COURTChief Justice(14)associates justices

JUDICIAL DEPARTMENTSUPREME COURTChief Justice(14)associates justicesHighest Court Of the Land

JUDICIAL DEPARTMENTQualifications of justices of the Supreme court

JUDICIAL DEPARTMENTQualifications of justices of the Supreme court:

a. A Natural Born Citizen


b. At least 40 years of age


c. Must have been for 15 years or more a judge of a lower court or;


c. Engaged in the practice of law in the Philippines(Sec.7); and


c. Must be a person of proven competence, integrity, probity, and independence (Sec.7{3})

JUDICIAL DEPARTMENTJudges of the Lower Courts:

a. A citizen of the Philippines


b. A member of the Philippine Bar; and


c. Must be a person of proven competence, integrity, probity, and independence.

JUDICIAL DEPARTMENTSpecific Qualifications For Lower Courts

JUDICIAL DEPARTMENTSpecific Qualifications For Lower Courts:1. Presiding Justice and Associate Justices of the court of appeals

JUDICIAL DEPARTMENTSpecific Qualifications For Lower Courts:2. Regional Trial Courts Judges:


a. Citizen of the Philippines


b. At least 35 years old


c. Has been engaged for at least five years in the practice of law in the Philippines.


d. A person of proven competence, integrity, probity, and independence.

JUDICIAL DEPARTMENTSpecific Qualifications For Lower Courts:3. Metropolitan, municipals, Municipal trial Court Judges:


a. Citizen of the Philippines


b. At least 35 years old


c. Has been engaged for at least five years in the practice of law in the Philippines.


d. A person of proven competence, integrity, probity, and independence.

JUDICIAL DEPARTMENTAppointment of Justices of the Judiciary

The members of the supreme court and judges of lower courts shall be appointed by the president from a list of at least three nominees, prepared by the judicial and bar council.TheJudicial and Bar Councilof thePhilippinesis aconstitutionally-createdbody that recommends appointees for vacancies that may arise in the composition of theSupreme Courtand other lower courts.47

JUDICIAL DEPARTMENTLower courtsEstablished by the LawStatutory court

Statutoryinterpretation is the process by whichcourtsinterpret and apply legislation. Some amount of interpretation is often necessary when a case involves astatute. Sometimes the words of astatutehave a plain and straightforwardmeaning.48

JUDICIAL DEPARTMENTLower courts:Regional Trial CourtsSandiganbayanMunicipal Trial CourtCity Trial CourtCourt of tax Appeal

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JUDICIAL DEPARTMENTLower courts:

Regional Trial Courts

Such cases shall be decided on the basis of the entire record of the proceedings had in the court of origin and such memoranda and/or briefs as may be submitted by the parties or required by the Regional Trial Courts. The decision of the Regional Trial Courts in such cases shall be appealable by petition for review to the Court of Appeals which may give it due course only when the petition shows prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the decision or judgment sought to be reviewed.50


Sandiganbayan

is a special appellate collegialcourtin thePhilippines. The special court was established by Presidential Decree No. 1486, as subsequently modified by Presidential Decree No. 1606 and by Republic Acts numbered 7975 and 8249It is equal in rank to theCourt of Appeals, and consists of fourteen Associate Justices and one Presiding Justice.51


Municipal Trial Court

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City Trial Court

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Court of tax Appeal

is the special court of limited jurisdiction, and has the same level with theCourt of Appeals. The court consists of 8 Associate Justices and 1 Presiding Justice. The Court of Tax Appeals is located at Agham Road, National Government Center, North Triangle,Diliman,Quezon CityinMetro Manila.54


Sharia Court

Is a special statutory court created for the filipino moslems.55

JUDICIAL DEPARTMENTTenure of Office of the Judiciary

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JUDICIAL DEPARTMENTTenure of Office of the Judiciary:

1. Members of the supreme court and judges of lower courts shall enjoy their offices during good behavior.

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JUDICIAL DEPARTMENTTenure of Office of the Judiciary:

2. Members of the supreme court shall enjoy the office until they are removed in the long and difficult process of impeachment.

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JUDICIAL DEPARTMENTGOOD OFFICEA conduct authorized or in accordance with law.

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JUDICIAL DEPARTMENTSalary of Judiciarys members:

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JUDICIAL DEPARTMENTSalary of Judiciarys members: Chief Justice

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JUDICIAL DEPARTMENTSalary of Judiciarys members: Chief Justice240,000.00

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JUDICIAL DEPARTMENTSalary of Judiciarys members: Associate Justice

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JUDICIAL DEPARTMENTSalary of Judiciarys members: Associate Justice204,000.00

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JUDICIAL DEPARTMENTVacancy in the Supreme Court:

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JUDICIAL DEPARTMENTVacancy in the Supreme Court:Chief Justice

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JUDICIAL DEPARTMENTVacancy in the Supreme Court:Associate Justice

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JUDICIAL DEPARTMENTIndependence of the Judiciary

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JUDICIAL DEPARTMENTIndependence of the JudiciaryThe Constitution guarantees the ff. features:

1. Fiscal Autonomy(sec.3)

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2. The members of the SC may not be removed by any government act, except as determined by the law.

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3. Members of the judiciary enjoy security of tenure.(Art.VII, Sec. 2{2})

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4. Salaries are fixed

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5. Congress may not deprived the SC of their original and appellate jurisdiction.

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6. Members of the judiciary shall not be designated to perform administrative function.

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7. Justices and judges are appointed based on the merits and qualifications.

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8. The SC can appoint all personnel and employees of the judiciary.

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9. The SC assumes the power of control and administrative supervision over all statutory.

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10. The SC shall have the power to discipline judges of lower courts.

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JUDICIAL DEPARTMENTCourt

Is defined as the body in the government to which the public administration of justice is delegated.79

JUDICIAL DEPARTMENTPowers of the Supreme Court

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JUDICIAL DEPARTMENTPowers of the Supreme Court

Art. VII, Sec. 5

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JUDICIAL DEPARTMENTKinds Of Jurisdiction:

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JUDICIAL DEPARTMENTKinds Of Jurisdiction:Original JurisdictionAppellate JurisdictionGeneral JurisdictionLimited JurisdictionExclusive JurisdictionConcurrent Jurisdiction

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Original Jurisdiction

Refers to the authority or power of the court to hear and decide any legal controversy brought for the first time.84


Appellate Jurisdiction

The authority of the court to take action on a case appealed before it, which was previously decided by the lower courts.85


General Jurisdiction

Refers to the general empowerment extended to a court to hear, try and decides all cases.86


Limited Jurisdiction

Refers to the courts authority to decide on all disputes limited to specified cases, like court of tax appeals.87


Exclusive Jurisdiction

Refers to courts sole jurisdiction to decide ona case by which cant be tried by any other court.88


Concurrent Jurisdiction

Refers to the jurisdiction of one or two or more courts to hear try and decide case.89

JUDICIAL DEPARTMENTJurisdiction of the Supreme Court

.90

JUDICIAL DEPARTMENTJurisdiction of the Supreme CourtOriginal Jurisdiction

.91

JUDICIAL DEPARTMENTJurisdiction of the Supreme CourtOriginal Jurisdictiona. for special civil actions, the SC assumes original jurisdiction over petitions for:I. Certiorari

.92

JUDICIAL DEPARTMENTJurisdiction of the Supreme CourtOriginal Jurisdictiona. for special civil actions, the SC assumes original jurisdiction over petitions for:II. Prohibition

.93

JUDICIAL DEPARTMENTJurisdiction of the Supreme CourtOriginal Jurisdictiona. for special civil actions, the SC assumes original jurisdiction over petitions for:III. Mandamus

.94

JUDICIAL DEPARTMENTJurisdiction of the Supreme CourtOriginal Jurisdictiona. for special civil actions, the SC assumes original jurisdiction over petitions for:IV. Quo Warranto

.95

JUDICIAL DEPARTMENTJurisdiction of the Supreme CourtOriginal Jurisdictionb. Ambassadors, other Public ministers, and consuls.

.96


The Concept of Grave Abuse of Discretion

.97


Judiciable Question

Is a definite and concrete dispute touching on the legal relations of parties having adverse legal interest that may be resolved by a court of law through application of a law.98


Political Question

A doctrine which prevents a court of law from determining issues which are essentiallypolitical; within the purview of the executive branch of government. Related Terms: Executive Branch, Judicial Branch.99

JUDICIAL DEPARTMENTJurisdiction of the Supreme Court2.Appelate Jurisdiction

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JUDICIAL DEPARTMENTJurisdiction of the Supreme Court3.Rule-Making Power

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JUDICIAL DEPARTMENTJurisdiction of the Supreme CourtThe Limitations of the rule-making of the SC are:

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JUDICIAL DEPARTMENTJurisdiction of the Supreme CourtThe Limitations of the rule-making of the SC are:a. The rules must be uniform for all courts of the same grade.

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JUDICIAL DEPARTMENTJurisdiction of the Supreme CourtThe Limitations of the rule-making of the SC are:b. The Rules must not diminish, increase, or modify substantive rights.

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JUDICIAL DEPARTMENTJurisdiction of the Supreme CourtThe Limitations of the rule-making of the SC are:c. The Rules of procedure of special courts and quasi-judicial bodies shall remain effective.

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JUDICIAL DEPARTMENTSitting Procedure of The Supreme Court

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JUDICIAL DEPARTMENTSitting Procedure of The Supreme Court

En Banc and Divisions

En Banc- is a session where acaseis heard before all thejudgesof acourt in other words, before the entirebench rather than bya panel selected from them.

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JUDICIAL DEPARTMENTSitting Procedure of The Supreme CourtEn Banc1. All cases involving the constitutionality of a treaty, international or executive agreement or law.

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JUDICIAL DEPARTMENTSitting Procedure of The Supreme CourtEn Banc2. Other cases under the Rules of the Court are acquired to be heard en banc.

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JUDICIAL DEPARTMENTSitting Procedure of The Supreme CourtEn Banc3. Modification or reversal of the doctrine or principle laid down by the Supreme Court and a decision en banc or in division.

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JUDICIAL DEPARTMENTSitting Procedure of The Supreme CourtEn Banc4. When the required number of votes is not obtained in the case heard by the division.

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JUDICIAL DEPARTMENTSitting Procedure of The Supreme CourtDivision

Article VIII, Sec. 13

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JUDICIAL DEPARTMENTSitting Procedure of The Supreme CourtDivision

Decision

Is the judgement rendered by a court of justice or other competent tribunal.113

JUDICIAL DEPARTMENTComposition and Function of Judicial and Bar CouncilComposed of:

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JUDICIAL DEPARTMENTComposition and Function of Judicial and Bar CouncilComposed of:a. Chief Justice

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JUDICIAL DEPARTMENTComposition and Function of Judicial and Bar CouncilComposed of:b. Secretary of Justice

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JUDICIAL DEPARTMENTComposition and Function of Judicial and Bar CouncilComposed of:c. Representative of the Congress

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JUDICIAL DEPARTMENTComposition and Function of Judicial and Bar CouncilComposed of:d. Representative of IBP

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JUDICIAL DEPARTMENTComposition and Function of Judicial and Bar CouncilComposed of:e. Professor of law

Professor Harry L. Roque, Jr119

JUDICIAL DEPARTMENTComposition and Function of Judicial and Bar CouncilComposed of:e. Retired member of SC

Justice Cancio C. Garcia120

JUDICIAL DEPARTMENTComposition and Function of Judicial and Bar CouncilComposed of:e. Representative of Private Sector

121

JUDICIAL DEPARTMENTComposition and Function of Judicial and Bar CouncilComposed of:e. Clerk of the Supreme Court

Judge Mary Ann E. Corpuz-Manalac122

JUDICIAL DEPARTMENTComposition and Function of Judicial and Bar CouncilComposed of:Regular members are appointed by the President

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JUDICIAL DEPARTMENTComposition and Function of Judicial and Bar CouncilComposed of:Regular members are appointed by the President with the consent of the Commission of Appointments w/ the ff. term of office:

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JUDICIAL DEPARTMENTComposition and Function of Judicial and Bar CouncilComposed of:term of office:Representative of IBP- 4yearsProfessor of Law- 3years

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JUDICIAL DEPARTMENTComposition and Function of Judicial and Bar CouncilComposed of:term of office:3.Retired justice- 2years4.Representative of the Private Sector- 1year

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JUDICIAL DEPARTMENTSharia Court of the Philippines

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JUDICIAL DEPARTMENTJurisdiction of the Sharia Court

Have been established under PD 1083, the code of muslim personal laws.128


Exlusive Jurisdiction

129


Concurrent Original

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Appellate Jurisdiction

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JUDICIAL DEPARTMENTSharia Circuit Courts

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JUDICIAL DEPARTMENTSharia Circuit CourtsEstablished as follows:

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JUDICIAL DEPARTMENTSharia Circuit CourtsEstablished as follows:1. Original Jurisdiction

A. All Cases involving offenses defined and punished under the Muslim code.

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JUDICIAL DEPARTMENTSharia Circuit CourtsEstablished as follows:1. Original Jurisdiction

B. All Civil actions and proceedings between parties who are muslims or have been married

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JUDICIAL DEPARTMENTSharia Circuit CourtsEstablished as follows:1. Original JurisdictionB. Art. 13, involving disputes relating to:

Marriage

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Divorce

137


Betrothal

138


customary power

139


Disposition and distribution of property upon divorce

140


maintenance and support

141


Restitution of marital rights

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JUDICIAL DEPARTMENTSharia Circuit CourtsEstablished as follows:1. Original JurisdictionC. All cases involving disputes relative to communal property.

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JUDICIAL DEPARTMENTSharia Circuit CourtsEstablished as follows:2. Composition of Jurisdiction of Sharia Circuit Courts

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JUDICIAL DEPARTMENTSharia Circuit CourtsEstablished as follows:2. Composition of Jurisdiction of Sharia Circuit Courtsa. Six, such courts in the province of SULU.

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JUDICIAL DEPARTMENTSharia Circuit CourtsEstablished as follows:2. Composition of Jurisdiction of Sharia Circuit Courtsb. Eight in the province of Tawi-tawi.

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JUDICIAL DEPARTMENTSharia Circuit CourtsEstablished as follows:2. Composition of Jurisdiction of Sharia Circuit Courtsc. Ten in & for the province of Basilan and north/south Zamboanga

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JUDICIAL DEPARTMENTSharia Circuit CourtsEstablished as follows:2. Composition of Jurisdiction of Sharia Circuit Courtsc. Twelve in the provinces of Lanao and cities of Iligan and Marawi.

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JUDICIAL DEPARTMENTSharia Circuit CourtsEstablished as follows:2. Composition of Jurisdiction of Sharia Circuit Courtsd. Fifteen in Maguindanao,North Cotabato and Sultan Kudarat.

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JUDICIAL DEPARTMENT

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