The document discusses various aspects of the Philippine judicial system. It defines judicial power and the doctrine of judicial supremacy. It outlines the qualifications, appointments, tenure and salaries of Supreme Court justices and lower court judges. It also describes the jurisdiction, powers and sitting procedures of the Supreme Court, as well as the composition and functions of the Judicial and Bar Council. Finally, it provides details on the jurisdiction and establishment of Sharia Circuit Courts.
40. Specific Qualifications For Lower
Courts:
2. Regional Trial Courts Judges:
c. Has been engaged for at
least five years in the practice
of law in the Philippines.
41. Specific Qualifications For Lower
Courts:
2. Regional Trial Courts Judges:
d. A person of proven
competence, integrity, probity,
and independence.
43. Specific Qualifications For Lower
Courts:
3. Metropolitan, municipals,
Municipal trial Court Judges:
a. Citizen of the Philippines
44. Specific Qualifications For Lower
Courts:
3. Metropolitan, municipals,
Municipal trial Court Judges:
b. At least 35 years old
45. Specific Qualifications For Lower
Courts:
3. Metropolitan, municipals,
Municipal trial Court Judges:
c. Has been engaged for at
least five years in the practice
of law in the Philippines.
46. Specific Qualifications For Lower
Courts:
3. Metropolitan, municipals,
Municipal trial Court Judges:
d. A person of proven
competence, integrity, probity,
and independence.
57. Tenure of Office of the Judiciary:
1. Members of the
supreme court and
judges of lower courts
shall enjoy their offices
during good behavior.
58. Tenure 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.
69. Independence of the Judiciary
The Constitution guarantees
the ff. features:
1. Fiscal Autonomy(sec.3)
70. Independence of the Judiciary
The Constitution guarantees the
ff. features:
2. The members of the SC
may not be removed by
any government act, except
as determined by the law.
71. Independence of the Judiciary
The Constitution guarantees
the ff. features:
3. Members of the judiciary
enjoy security of
tenure.(Art.VII, Sec. 2{2})
72. Independence of the Judiciary
The Constitution guarantees
the ff. features:
4. Salaries are fixed
73. Independence of the Judiciary
The Constitution guarantees
the ff. features:
5. Congress may not
deprived the SC of their
original and appellate
jurisdiction.
74. Independence of the Judiciary
The Constitution guarantees
the ff. features:
6. Members of the judiciary
shall not be designated to
perform administrative
function.
75. Independence of the Judiciary
The Constitution guarantees
the ff. features:
7. Justices and judges are
appointed based on the
merits and qualifications.
76. Independence of the Judiciary
The Constitution guarantees
the ff. features:
8. The SC can appoint all
personnel and employees of
the judiciary.
77. Independence of the Judiciary
The Constitution guarantees
the ff. features:
9. The SC assumes the power
of control and administrative
supervision over all statutory.
78. Independence of the Judiciary
The Constitution guarantees
the ff. features:
10. The SC shall have the
power to discipline judges of
lower courts.
83. Kinds Of Jurisdiction:
a. Original Jurisdiction
b. Appellate Jurisdiction
c. General Jurisdiction
d. Limited Jurisdiction
e. Exclusive Jurisdiction
f. Concurrent Jurisdiction
92. Jurisdiction of the Supreme Court
1. Original Jurisdiction
a. for special civil actions, the
SC assumes original jurisdiction
over petitions for:
I. Certiorari
93. Jurisdiction of the Supreme Court
1. Original Jurisdiction
a. for special civil actions, the
SC assumes original jurisdiction
over petitions for:
II. Prohibition
94. Jurisdiction of the Supreme Court
1. Original Jurisdiction
a. for special civil actions, the
SC assumes original jurisdiction
over petitions for:
III. Mandamus
95. Jurisdiction of the Supreme Court
1. Original Jurisdiction
a. for special civil actions, the
SC assumes original jurisdiction
over petitions for:
IV. Quo
Warranto
96. Jurisdiction of the Supreme Court
1. Original Jurisdiction
b. Ambassadors, other
Public ministers, and
consuls.
97. Jurisdiction of the Supreme Court
1. Original Jurisdiction
b. Ambassadors, other Public
ministers, and consuls.
The Concept of Grave Abuse of
Discretion
98. Jurisdiction of the Supreme Court
1. Original Jurisdiction
b. Ambassadors, other Public
ministers, and consuls.
Judiciable Question
99. Jurisdiction of the Supreme Court
1. Original Jurisdiction
b. Ambassadors, other Public
ministers, and consuls.
Political Question
102. Jurisdiction of the Supreme Court
The Limitations of the rule-making
of the SC are:
103. Jurisdiction of the Supreme Court
The Limitations of the rule-making
of the SC are:
a. The rules must be
uniform for all courts of
the same grade.
104. Jurisdiction of the Supreme Court
The Limitations of the rule-making
of the SC are:
b. The Rules must not
diminish, increase, or
modify substantive
rights.
105. Jurisdiction of the Supreme Court
The Limitations of the rule-making
of the SC are:
c. The Rules of procedure
of special courts and
quasi-judicial bodies shall
remain effective.
108. Sitting Procedure of The Supreme Court
En Banc
1. All cases involving
the constitutionality
of a treaty,
international or
executive agreement
or law.
109. Sitting Procedure of The Supreme Court
En Banc
2. Other cases under the
Rules of the Court are
acquired to be heard en
banc.
110. Sitting Procedure of The Supreme Court
En Banc
3. Modification or reversal
of the doctrine or
principle laid down by the
Supreme Court and a
decision en banc or in
division.
111. Sitting Procedure of The Supreme Court
En Banc
4. When the required
number of votes is not
obtained in the case
heard by the division.
121. Composition and Function of Judicial and Bar Council
Composed of:
e. Representative of
Private Sector
122. Composition and Function of Judicial and Bar Council
Composed of:
e. Clerk of the Supreme
Court
123. Composition and Function of Judicial and Bar Council
Composed of:
Regular members are appointed
by the President
124. Composition and Function of Judicial and Bar Council
Composed of:
Regular members are
appointed by the President
with the consent of the
Commission of
Appointments w/ the ff.
term of office:
125. Composition and Function of Judicial and Bar Council
Composed of:
term of office:
1. Representative of IBP-
4years
2. Professor of Law-
3years
126. Composition and Function of Judicial and Bar Council
Composed of:
term of office:
3. Retired justice- 2years
4. Representative of the
Private Sector- 1year
134. Sharia Circuit Courts
Established as follows:
1. Original Jurisdiction
A. All Cases involving
offenses defined and punished
under the Muslim code.
135. Sharia Circuit Courts
Established as follows:
1. Original Jurisdiction
B. All Civil actions and
proceedings between parties
who are muslims or have been
married
139. Sharia Circuit Courts
Established as follows:
1. Original Jurisdiction
B. Art. 13, involving
disputes relating to:
customary power
140. Sharia Circuit Courts
Established as follows:
1. Original Jurisdiction
B. Art. 13, involving disputes
relating to:
Disposition and
distribution of property
upon divorce
141. Sharia Circuit Courts
Established as follows:
1. Original Jurisdiction
B. Art. 13, involving
disputes relating to:
maintenance and
support
142. Sharia Circuit Courts
Established as follows:
1. Original Jurisdiction
B. Art. 13, involving
disputes relating to:
Restitution of
marital rights
143. Sharia Circuit Courts
Established as follows:
1. Original Jurisdiction
C. All cases involving disputes
relative to communal property.
145. Sharia Circuit Courts
Established as follows:
2. Composition of Jurisdiction
of Sharia Circuit Courts
a. Six, such courts in
the province of SULU.
146. Sharia Circuit Courts
Established as follows:
2. Composition of Jurisdiction
of Sharia Circuit Courts
b. Eight in the province
of Tawi-tawi.
147. Sharia Circuit Courts
Established as follows:
2. Composition of Jurisdiction
of Sharia Circuit Courts
c. Ten in & for the
province of Basilan and
north/south Zamboanga
148. Sharia Circuit Courts
Established as follows:
2. Composition of Jurisdiction
of Sharia Circuit Courts
c. Twelve in the
provinces of Lanao and
cities of Iligan and
Marawi.
149. Sharia Circuit Courts
Established as follows:
2. Composition of Jurisdiction
of Sharia Circuit Courts
d. Fifteen in
Maguindanao,North
Cotabato and Sultan
Kudarat.
Editor's Notes
The Judicial Department (sometimes called theJudiciary or the Judiciary Department) was the primary law enforcement agency for the Galactic Republic. Under the command of the Galactic Senate, it became a department of the Office of the Supreme Chancellor during the last decades of the Republic.
Invalidates a law or executive acts
Upholds the validity of the law that results from a mere dismissal of case
Educates the bench and bar as to the controlling principles.
If it does not enjoy any presumptions of validity because it is patently offensive to the constitution.
If it enjoys the presumption on contitutionality.
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.
The Judicial and Bar Council of the Philippines is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts.
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning.
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.
is a special appellate collegial court in the Philippines. 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 8249 It is equal in rank to the Court of Appeals, and consists of fourteen Associate Justices and one Presiding Justice.
is the special court of limited jurisdiction, and has the same level with the Court 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 City inMetro Manila.
Is a special statutory court created for the filipino moslems.
Is defined as the body in the government to which the public administration of justice is delegated.
Refers to the authority or power of the court to hear and decide any legal controversy brought for the first time.
The authority of the court to take action on a case appealed before it, which was previously decided by the lower courts.
Refers to the general empowerment extended to a court to hear, try and decides all cases.
Refers to the court’s authority to decide on all disputes limited to specified cases, like court of tax appeals.
Refers to court’s sole jurisdiction to decide ona case by which cant be tried by any other court.
Refers to the jurisdiction of one or two or more courts to hear try and decide case.
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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.
A doctrine which prevents a court of law from determining issues which are essentially political; within the purview of the executive branch of government. Related Terms: Executive Branch, Judicial Branch.
En Banc- is a session where a case is heard before all the judges of a court – in other words, before the entire bench – rather than by a panel selected from them.
Is the judgement rendered by a court of justice or other competent tribunal.
Professor Harry L. Roque, Jr
Justice Cancio C. Garcia
Judge Mary Ann E. Corpuz-Manalac
Have been established under PD 1083, the code of muslim personal laws.