Judicial Department of the Philippines Essay

The effective business office sh exclusively(a) be vested in ace ultimate terrace and much(prenominal)(prenominal) in rase solicits as whitethorn be established by rectitude. discriminative occasion includes the duty of the taps of judge to settle actual contr each(prenominal) oversies involving rights which ar faithfulness liberaly demandable and enforceable, and to determine whether or non on that point has been a grave abuse of fineness amounting to inadequacy or excess of legal male monarch on the cleave of any dent or orchestration of the Government.Meaning of discriminative permissionJUDICIAL POWER is the agency to apply the legalitys to contests or disputes concerning de jure acknowledge rights or duties amid the Sate and insular persons, or between individual litigants in founts by rights brought before the judicial tribunals. range of a course of Judicial formerIt includes the duty of butterfly of integritys of legal expertto set tle actual controversies involving rights which be legally demandable and enforceable and to determine whether at that place has been a grave abuse of discretion amounting to lack or excess of jurisdiction(infra) on the realm of any forking or shaftality of the governance to pass upon the validity or constitutionality of the legalitys of the state and the acts of the differentwise(a) departments of the government to exemplify and construe them and to render authoritative judgments It to a fault includes the incidental abilitys necessary to the effective shift of the judicial righteousnesss such as the power to punish persons adjudged in contempt.Giving of informatory Opinions not a Judicial lastThe judiciary is entrusted by the Constitution with the function of deciding actual types & ampere controversies. It cannot be required by law to dressance any power or to perform any duty not pertaining to, or connected with, the administration of judicial fu nctions. It is not its function to give advisory opinions. It is a function of decision maker officials.The doctrine of withdrawal of powers calls for the different departments world left all to discharge their duties as they see fit. The chair and telling are not edge to seek the advice of the judicial system as to what to do or not to do. It is a necessity that something had been accomplished or performed by all(prenominal) of them before a court may enter into the picture. At such time, it may pass in the validity of what was through with(p) but however when mightily challenged in an appropriate legal proceeding.Furthermore, with so many a(prenominal) cases pending in courts w present in there is an actual and antagonistic assertion between the parties, it would not serve reality bet at all if on matters flip and academic their time and attention would salvage pose to be devoted.Judicial Power Vested in One unconditional act & in Lower begsJudicial po wer, under the constitution is vested in unmatched compulsory administration and in such trim courts as may be established by law. The judiciary self-possessed of the courts is iodine of the tether main divisions of power in our government. chthonian the provision, solo the Supreme flirt is a constitutional court in a mavin of being a creation of the constitution. All some separate courts including the Sandiganbayan are statutory courts in the sense that they are creations of law. They are referred to as demean courts in the Constitution, meaning courts below the Supreme cost.In the exercise of its legislative power, relation may abolish any or all press down courts and replace them with other courts to the limitation that the reorganization shall not antagonize the security measure of tenure.It cannot, however, abolish the Supreme hook n both can it create an spare ultimate court because the constitution provides for solitary(prenominal) one Supreme dally. in complete can it abolish the Sandiganbayan because it dwellence is constitutionally recognized although congress, in the exercise of legislative power, may determine its functions and jurisdiction. The decisions of the Supreme coquette are backbone all lower tribunals.Organization of dallysRegular courts the Phil. judicial organization consist of hierarchy of courts resembling a benefit with the Supreme flirt at the apex. Under the judiciary Reorganization Act of 1980 areA Court of Appeals (w/ 51 justices headed by a presiding justice) which operates in 17 divisions each(prenominal) comprising 3 members. The court sits en banc tho to exercise administrative, ceremonial, or other non-adjudicatory functionsA Regional Trial Court presided by 720 Regional Trial Judges in each of 13 regions in the rustic andA Metropolitan Trial Court in each Metropolitan range established by law a Municipal Trial Court in either city not forming part of a metropolitan area and in each of t he municipalities not comprised within a metropolitan area and a municipal circuit and a Municipal circumference Trial Court in each area defined as a municipal circuit comprising one or more cities and/or more municipalities group together according to law. A court may consist of several branches. limited courtsThe Court of Tax Appeals was created under RA no(prenominal) 1125, as amended which has sole(prenominal) appellate jurisdiction to re realise on appeal decisions of the Commissioner of Internal Revenue taxes and decisions of the Commissioner of usage involving custom duties.The Sandiganbayan was created by PD No. 1606 pursuant to the mandate of the 1973 constitution. It shall continue to function and exercise its jurisdiction as provided in said decree or as may be provided by accompanying law.Quasi-judicial agenciesadministrative bodies under the executive branch performing quasi judicial functions, deal the National Labor Relations of the integrated judicial system . The same thing may be said of courts martial. The authority for the decree of courts martial pertains to the President as Commander-in-Chief separately of legislation to aid him in properly commanding the Armed Forces and enforcing discipline.The Court & JudgeCourtThe body to which the universe administration of justice is delegated. It is an entity or body in which a portion of judicial power is vested.JudgeA habitual officer so named in his committee and appointed to preside and to administer the law in a court of justice.Court & Judge DistinguishedA court is an incorporeal entity composed of one or more judges. Judge only when does not necessarily constitute a court for a while he is an indispensable part he is only a part of the court.Court cannot exist without a judge.Importance of Judiciary ecclesiastic BRYCE Nothing is more all the way touches the eudaemonia and security of the average citizen than his sense that he can rely on the plastered and prompt a dministration of justice. Law is regard and supported when it is trusted as the sieve of innocence and the impartial guardian of all(prenominal) private civil right. But if the law is dishonestly administered, salts has lost its savour if it be weakly or unfaithfully enforced, the guarantees of station fail, for it is more by uncertainty than by severity of punishment that offenses are repressed.premier JAMES KENT where there is no judicial department to interpret and execute the law, to purpose controversies, and to enforce right, the government essential either perish by its own incapacity or the other departments of government must usurp powers for the purpose of commanding obedience, to the remainder of liberty.MR. JUSTICE ARTHUR VANDERBILTIt is in the court and not in the legislative body that our citizens primarily thumb the keen cutting edge of the law, If they have respect for the works of the courts, their respect for law will survive the shortcomings of any other branch of the government but if they drop their respect for the works of the courts, their respect for law and order will banish with it to the striking detriment of society.Independence of the Judiciary recounting may not divest the dogmatic court of the constitutional powers granted to it carnal knowledge cannot prescribe the manner in which the ultimate Court should sit, and determine the recite of justices constitute the court. The Supreme Court is given the authority to appoint all officials and employees of the judiciary. The members of the Supreme Court and judges of lower courts enjoy security of tenure. Their salaries cannot be decreased during their continuance in office. The members of the imperious court can only be removed trough the baffling process of impeachment. The judiciary enjoys fiscal autonomy. theatrical role 2The congress shall have the power to define, prescribe, and apportion the jurisdiction of the various court but may not deprive the Supreme Court of its jurisdiction over cases enumerated in section 5 here of.No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.3 demarcation line to the Exercise of Power1.No law shall be passed reorganizing the judiciary when it undermines security of tenure guaranteed for section 10 2.The congress cannot diminish or other wise impair the schoolmaster and appellate jurisdiction of the Supreme Court over cases enumerated in section 5 3. No law shall be passed ontogeny the appellate jurisdiction of the Supreme Court without its advice and consistency.Jurisdiction of CourtsGeneralLimited masterAppellateExclusiveConcurrent reprehensibleCivilSECTION 3The judiciary enjoys fiscal autonomy. Appropriations for the judiciary may not be reduced by the legislature below the amount appropriated for the previous class and, after approval, shall be automatically and on a official basis released.SECTION 4The Supreme Court shall be composed of a fountainhead justice and fourteen associate justices. It may sit en banc or in its sit discretion, in division of three, five, vii Members. Any vacancy shall be make full within ninety age from the occurrent thereof.All cases involving the constitutionality of a treaty, internationalist or executive promise, or law, which shall be hear by the Supreme Court en banc, and all other cases which under the rules of are required to be hear en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamation, orders, instructions, ordinances and other regulations, shall be pertinacious with the majority of the members who real took part in the deliberations on the issues in the case and voted thereon.Cases or matters perceive by the division shall be decided or resolve with the concurrence of the majority of the members who very took part in the deliberations on the issues in the case and voted thereon, and in no case, withou t the concurrence of at least three of such members. When the required number is not obtained, the case shall be decided en banc Provided that no doctrine or regulation of law laid down by the court in a decision rendered en banc or in division may be modified or channel by reversal except by the court seated en banc.Composition of the Supreme CourtThe new constitution retained the social status of the supreme court of 15 members including the school principal justice under the 1973 charter (sec.4).The musical phrase unless otherwise provided by law in the 1935 constitution was deleted in the 1973 constitution clearly showing the intention to withdraw from congress the power to alter the composition of the supreme court.The constitution requires any vacancy to be filled within 90 days from the occurrence thereof.Sitting ProcedureThe supreme court may sit in en banc (i.e..as one body) or in division of three, five or septette members. On the basis of fifteen members the nu mber of division will be five, three or two meeting separately.Cases to be heard or decided en banc and vote required1.All cases involving the constitutionality of a treat, international .or executive agreement, or law (statute). 2.All other cases including those involving the constitutionality, application or operation of presidential decrees, proclamations, orders, instructions, ordinances and other regulations. 3.Administrative cases where the decision is for the dismissal of a judge of a lower court. 4.Cases heard by a division.5.Cases modifying or revising a doctrine or principle of law.Meaning of Executive AgreementIs an agreement entered into by the resident on behalf of the Philippines with the government of another country and is effective and binding upon the Philippines without the concurrences of congress.Classes of Executive AgreementsThose made purely as executive acts affecting external relations and independent of legislative authorization.. They may be taken the for m of a protocol, an instrument supplementary to a treaty or convention, exchange of notes, and other types of documents.Those entered into in chase of acts of congress. They affect internal affairs and house servant rights. They include tariff and postal arrangements, indorse fees, commercial relations, and matters affecting trademarks and copyrights, and the like.Meaning of Power of Judicial ReviewIs the power of the courts, in the long run of the Supreme Court, to interpret the Constitution and to nurse any legislative or executive act invalid because it is in involvement with the fundamental law.Limitations on exercise of power of judicial review1.There must be a concurrence of at least a majority of the members who actually took part in the deliberations on the issues in the case and voted thereon. 2.A law, etc., must be sustained unless clearly repugnant to the Constitution in view of the presumption of validity. 3.The interrogative of wisdom, propriety, or necessity of a law, etc.,is not open to inclination by the court. 4.Political uncertaintys are generally turn to to the political (i.e., elective) branches (namely, the Presidentand congress) of the government and are, therefore, not jusiciable.Justiciable wonderful from Political question A justiciable question- is one which affects personal or property rights accorded to every member of the community in cases if properly brought before the judical tribunals. A political question is one which under the Constitution, is to be decided by the people in their supreme capacity, or in regard to which full discretionary authority has been delegated to the legislative or executive branch of the government.SECTION 5.The Supreme Court shall have the following powers1.Exercise legitimate jurisdiction over cases affecting ambassadors, other public ministers and the consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and the habeas corpus. 2.Review, revise, reverse, mo dify or affirm on appeal or certiorari as the law or the Rules of Court may provide lowest judgments and orders of lower courts in a.All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regular is in question.b.All cases involving the legality of any tax, springer spaniel assessment, or toll, or any penalty imposed in relation thereto. c. all cases in which the jurisdiction of any lower court is in issue. d.All criminal cases in which the penalty imposed is reclusion perpetua or higher. e.All cases in which only an error or question of law is involved.3.Assign temporarily judges of lower courts to other stations as public interest may require. Such maverick assignment shall not exceed cardinal months without the consent of the judge concerned. 4.Order a change of venue or place of trial to avoid a miscarriage of justice. 5.Promulgate rules concerning t he tax shelter and the enforcement of constitutional rights, pleading, practice, and military operation in all courts, the admission to practice of law, the Integrated Bar, and legal assistance to the underprivileged.Such rules shall provide a simplified and inexpensive procedure for the active disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, or increase or modify substantive rights. Rules of procedure of special courts and quasi-judical bodies shall remain effective unless disapproved by the Supreme Court. 6. Appoint all officials and employees of the Judiciary in accordance with the Civil serving Law.