Judicial Department of the Philippines Essay

The discriminative might shall be vested in one tyrannical flirt and much(prenominal) in swallow motor inns as whitethorn be wanton up by rectitude.Judicial power includes the duty of the judicatorys of justice to find out existent controversies involving rights which be judiciary-orderedly demandable and enforceable, and to determine whether or non at that place has been a engrave abuse of discretion amounting to lack or tautologic of legal power on the relegate of both disunite or instrumentality of the Government. gist of Judicial PowerJUDICIAL POWER is the power to leave the truths to contests or disputes concerning legally recognized rights or duties between the Sate and individual(a) persons, or between individual litigants in sheaths right on brought before the discriminative tribunals.Scope of Judicial PowerIt includes the duty of coquets of justiceto settle actual controversies involving rights which are legally demandable and enforceable a nd to determine whether there has been a grave abuse of discretion amounting to lack or excess of jurisdiction(infra) on the part of both tree branch or instrumentality of the authorities to pass upon the cogency or natureality of the laws of the state and the acts of the former(a) departments of the authorities to interpret and construe them andto make authoritative judgmentsIt likewise includes the incidental powers necessary to the telling discharge of the judicial figure outs such as the power to punish personsadjudged in contempt.Giving of informatory Opinions not a Judicial FunctionThe terrace is entrusted by the fundamental law with the function of deciding actual cases & controversies. It cannot be required by law to exercise any power or to perform any duty not pertaining to, or connected with, the administration of judicial functions. It is not its function to give advisory opinions. It is a function of executive director officials.The doctrine of detachment of powers calls for the former(a) departments being left alone to discharge their duties as they fill fit. The controlnt and congress are not bound to seek the advice of the tribunal as to what to do or not to do. It is a prerequisite that something had been effect or performed by either of them before a court may enter into the picture. At such time, it may pass in the robustness of what was done but nevertheless when properly challenged in an appropriate legal proceeding.Furtherto a greater extent, with so many cases pending in courts where in there is an actual and antagonistic assertion between the parties, it would not serve public sake at all if on matters moot and academic their time and tending would still have to be desuffraged.Judicial Power Vested in angiotensin-converting enzyme haughty judicatory & in Lower hailsJudicial power, under the constitution is vested in one Supreme woo and in such move courts as may be established by law. The judiciary make up of the courts is one of the three main divisions of power in our presidential term.Under the provision, only the Supreme Court is a thoroughgoing court in a sense of being a creation of the constitution. All other courts including the Sandiganbayan are statutory courts in the sense that they are creations of law. They are referred to as move courts in the Constitution, meaning courts infra the Supreme Court.In the exercise of its legislative power, congress may abolish any or all get down courts and replace them with other courts to the limitation that the reorganization shall not undermine the certification of tenure.It cannot, however, abolish the Supreme Court neither can it create an redundant supreme court because the constitution provides for only one Supreme Court. Neither can it abolish the Sandiganbayan because it existence is constitutionally recognized although congress, in the exercise of legislative power, may determine its functions and jurisdiction. The decisions of the Supreme Court are binding all lower tribunals.Organization of CourtsRegular courtsthe Phil. judicial scheme contain of hierarchy of courts resembling a pyramid with the Supreme Court at the apex. Under the judicature Reorganization Act of 1980 areA Court of Appeals (w/ 51 justices headed by a presiding justice) which operates in 17 divisions each comprising 3 members. The court sits en banc only to exercise administrative, ceremonial, or other non-adjudicatory functionsA Regional audition Court presided by 720 Regional Trial adjudicate in each of 13 regions in the country andA metropolitan Trial Court in each Metropolitan scope established by law a Municipal Trial Court in every city not forming part of a metropolitan field and in each of the municipalities not comprised at heart a metropolitan area and a municipal circuit and a Municipal Circuit Trial Court in each area defined as a municipal circuit comprising one or more cities and/or more municipalities grouped t ogether according to law. A court may consist of several branches.Special courtsThe Court of Tax Appeals was created under RA zero(prenominal) 1125, as amended which has exclusive appellate jurisdiction to re vision on appeal decisions of the Commissioner of Internal Revenue taxes and decisions of the Commissioner of Customs 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 express decree or as may be provided by subsequent law.Quasi-judicial agenciesadministrative bodies under the executive branch performing quasi judicial functions, like the National Labor dealings of the integrated judicial system. The same thing may be said of courts martial. The delegacy for the ordering of courts martial pertains to the President as Commander-in-Chief independently of statute to aid him in properly commanding the Armed Forces and enforcing discip line.The Court & guessCourtThe remains to which the public administration of justice is delegated. It is an entity or body in which a portion of judicial power is vested. arbitratorA public officer so named in his commission 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 decide. Judge alonedoes 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. vastness of JudiciaryLORD BRYCE Nothing is more understandably touches the welfare and protective cover of the average citizen than his sense that he can rely on the authorized and prompt administration of justice. Law is respected and supported when it is trusted as the shield of innocence and the impartial guardian of every private courtly right. But if the law is dishonestly administered, salts has lost its savour if it be weakly or un faithfully enforced, the guarantees of order fail, for it is more by uncertainty than by severity of punishment that offenses are repressed.CHANCELLOR JAMES KENT where there is no judicial department to interpret and execute the law, to decide controversies, and to enforce right, the government essentialiness either perish by its own imbecility or the other departments of government must usurp powers for the purpose of commanding obedience, to the destruction of liberty.MR. JUSTICE ARTHUR VANDERBILTIt is in the court and not in the legislature that our citizens generally feel the keen cutting edge of the law, If they have respect for the whole kit and caboodle of the courts, their respect for law will survive the shortcomings of any other branch of the government but if they lose their respect for the works of the courts, their respect for law and order will banish with it to the great detriment of society.Independence of the JudiciaryCongress may not deprive the supreme court of the constitutional powers granted to it Congress cannot prescribe the manner in which the supreme Court should sit, and determine the number of justices composing 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 ravish protective cover of tenure. Their salaries cannot be decreased during their continuance in office. The members of the supreme court can only be removed trough the difficult functioning of impeachment. The judiciary enjoys fiscal autonomy.SECTION 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 atom 5 here of.No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its Members.3 Limitation to the Exercise of Power1.No law shall be passed reorganizing the judiciary w hen it undermines security of tenure guaranteed for section 10 2.The congress cannot shine or other wise impair the professional and appellate jurisdiction of the Supreme Court over cases enumerated in section 5 3. No law shall be passed increasing the appellate jurisdiction of the Supreme Court without its advice and live with.Jurisdiction of CourtsGeneralLimitedOriginalAppellateExclusivecoincidingCriminalCivilSECTION 3The judiciary enjoys fiscal autonomy. Appropriations for the judiciary may not be reduced by the legislature below the amount appropriated for the previous year and, after approval, shall be automatically and regularly released.SECTION 4The Supreme Court shall be composed of a chief justice and fourteen associate justices. It may sit en banc or in its sit discretion, in division of three, five, seven Members. either vacancy shall be filled within ninety days from the situation thereof.All cases involving the constitutionality of a treaty, international or execut ive agreement, or law, which shall be perceive 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 decided with the absolute majority of the members who very took part in the deliberations on the issues in the case and voted thereon.Cases or matters heard by the division shall be decided or resolve with the concurrence of the majority of the members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without 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 principle of law laid follow out by the court in a decision rendered en banc or in division may be modified or reversed except by the co urt sitting en banc.Composition of the Supreme CourtThe new constitution retained the membership of the supreme court of 15members including the chief justice under the 1973 charter (sec.4).The phrase unless differently 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 spell 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 seven members. On the basis of 15 members the number of division will be five, three or twain 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 d ecrees, proclamations, orders, instructions, ordinances and other regulations. 3.Administrative cases where the decision is for the venting of a judge of a lower court. 4.Cases heard by a division.5.Cases disposeing 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 rigorously as executive acts affecting external relations and independent of legislative authorization.. They may be taken the form of aprotocol, an instrument ancillary 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 domestic rights. They include tariff and postal arrangements, visa fees, commercial relations, and matters affecting trademarks and cop yrights, and the like.Meaning of Power of Judicial surveyIs the power of the courts, ultimately of the Supreme Court, to interpret the Constitution and to declare any legislative or executive act invalid because it is in fight 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 question of wisdom, propriety, or necessity of a law, etc.,is not open to determination by the court. 4.Political questions are generally addressed to the political (i.e., elective) branches (namely, the Presidentand congress) of the government and are, therefore, not jusiciable.Justiciable distinguished from Political question A justiciable question- is one which affects face-to-face or property rights acc orded 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 sovereign 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 original 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, modify or affirm on appeal or certiorari as the law or the Rules of Court may provide final 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 le gality 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 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(prenominal) temporary assignment shall not exceed six months without the consent of the judge concerned. 4.Order a change of venue or place of runnel to avoid a miscarriage of justice. 5.Promulgate rules concerning the protection and the enforcement of constitutional rights, pleading, practice, and procedure 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 speedy tilt of cases, shall be uniform for all courts of the same grade, and shall not dim inish, or annex 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 unison with the Civil Service Law.