The philippine judicial system

Further Resources History of the Philippine Legal System The Philippine legal tradition has been shaped by many different influences, domestic as well as foreign. More than one different legal system has coexisted in Philippines at various points in the long country history. The Portal of Philippine law provides introductory entries about the background and history of the law of the country. Philippines Law Portal The Philippines Law Portal provides an introductory overview of the history of legal development in Philippines, major legal concepts, the structure of Philippine government, the Philippine judicial and court system, and peculiar characteristic of the response of the Philippine legal system to development in Philippines.

The philippine judicial system

Composition[ edit ] A person must meet the following requirements in order to be appointed to the Supreme Court: Alicia Austria-Martinez who retired at 68 due to health reasons. The Members of the Supreme Court xxx shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office.

Thus, on September,Austria-Martinez, citing health reasons, filed a letter to the Court through Reynato Punotendering her resignation effective April 30,or 15 months before her compulsory retirement on December 19, These functions may be generally divided into two — judicial functions and administrative functions.

The administrative functions of the Court pertain to the supervision and control over the Philippine judiciary and its employees, as well as over members of the Philippine bar. Pursuant to these functions, the Court is empowered to order a change of venue of trial in order to avoid a miscarriage of justice and to appoint all officials and employees of the judiciary.

The philippine judicial system

Section 1 of Article VIII contains definition of judicial power that had not been found in previous constitutions. Still, this new provision effectively dissuades from the easy resort to the political question doctrine as a means of declining to review a law or state action, as was often done by the Court during the rule of President Ferdinand Marcos.

Facade of the Supreme The philippine judicial system Building Flag The Court is authorized to sit either en banc or in divisions of 3, 5 or 7 members. Since the s, the Court has constituted itself in 3 divisions with 5 members each.

A majority of the cases are heard and decided by the divisions, rather than the court en banc. The Court also has the discretion to hear a case en banc even if no constitutional issue is involved, as it typically does if the decision would reverse precedent or presents novel or important questions.

Appellate review[ edit ] Far and away the most common mode by which a case reaches the Supreme Court is through an appeal from a decision rendered by a lower court. Appealed cases generally originate from lawsuits or criminal indictments filed and tried before the trial courts. Apart from decisions of the Court of Appeals, the Supreme Court may also directly review on appeal decisions rendered by the Sandiganbayan and the Court of Tax Appeals.

Decisions rendered by administrative agencies are not directly appealable to the Supreme Court, they must be first challenged before the Court of Appeals. However, decisions of the Commission on Elections may be elevated directly for review to the Supreme Court, although the procedure is not, strictly speaking, in the nature of an appeal.

Review on appeal is not as a matter of right, but "of sound judicial discretion and will be granted only when there are special and important reasons therefor". The Court generally declines to engage in review the findings of fact made by the lower courts, although there are notable exceptions to this rule.

The Court also refuses to entertain cases originally filed before it that should have been filed first with the trial courts. Original jurisdiction[ edit ] Session Hall of the Supreme Court The other mode by which a case reaches the Supreme Court is through an original petition filed directly with the Supreme Court, in cases that the Constitution establishes "original jurisdiction" with the Supreme Court.

Under Section 5 1Article VIII of the Constitution, they are "cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

As a result, the Court has considerable discretion to refuse to hear these petitions filed directly before it on the ground that such should have been filed instead with the Court of Appeals or the appropriate lower court. Nonetheless, cases that have attracted wide public interest or for which a speedy resolution is of the essence have been accepted for decision by the Supreme Court without hesitation.

In cases involving the original jurisdiction of the Court, there must be a finding of "grave abuse of discretion" on the part of the respondents to the suit to justify favorable action on the petition.

The standard of "grave abuse of discretion", a markedly higher standard than "error of law", has been defined as "a capricious and whimsical exercise of judgment amounting to lack of jurisdiction" [17] History[ edit ] Pre-Hispanic and Hispanic periods[ edit ] In the years prior to the official establishment of the Supreme Court, institutions exercising judicial power were already in existence.

Before the Spaniards came, judicial authority was in the hands of barangay chiefs. He administered civil and criminal justice under the Royal Order of August 14, The present Supreme Court was preceded by the Real Audienciaa collegial body established on May 5, and composed, of a president, four oidores justicesand a fiscalamong others.

It was the highest tribunal in the Philippines, below only the Council of the Indies of Spain. However, this body also exercised administrative functions, not just judicial functions.The Philippine Judicial System: Regional Court Administrator Pilot Regional Court Administration Office 7th Judicial Region • What NPM is?

– NPM defined – The NPM philosophy – The NPM elements – The NPM target • The Judiciary in the NPM framework. Philippine Legal Forms b - Free ebook download as PDF File .pdf), Text File .txt) or read book online for free.

Philippine Legal Forms b. › The Civil Code provides that ‘judicial decisions applying to or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines’.

Only decisions of its Supreme Court establish jurisprudence and are binding on all other courts. This page features the Philippine Judicial System. Featured as a public service on the World Wide Web by The Law Firm of Chan Robles and Associates - Philippines.

The Philippine Judicial System Essay Sample. Article VIII of the Constitution created the Judicial and Bar Council with the mandate to recommend appointees to the Judiciary and, as a constitutional body under the supervision of the Supreme Court, to exercise such other functions and duties as the Supreme Court may assign to it; WHEREAS, to carry out such functions, it is necessary to.

The powers of the Supreme Court are defined in Article VIII of the kaja-net.com functions may be generally divided into two – judicial functions and administrative kaja-net.com administrative functions of the Court pertain to the supervision and control over the Philippine judiciary and its employees, as well as over members of the Philippine bar.

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