Professional Documents
Culture Documents
the law
in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of
the separation of powers
, the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the
legislature) or enforce law (which is the responsibility of the executive), It interprets law and applies it to the
facts of each case.
This branch of the state is often tasked with ensuring equal justice under law. It usually consists of a court of
final appeal (called the "Supreme court” or "Constitutional court"), together with lower courts.
• Judicial power rests with the Supreme Court and the lower courts, as established by law (Art. VIII, sec. 1 of the
1987 Constitution).
• Its duty is to settle actual controversies involving rights which are legally demandable and enforceable (Art. VIII
Sec. 1 (2)).
KINDS OF COURTS
• LOWER COURTS
• APPELLATE COURTS
• SUPREME COURT
POWERS
2. Pleading
3. Practice of Law
4. Procedure
6. Integrated Bar
2. The Court of Appeals and other collegiate appellate courts- within 12 months unless reduced by the Supreme
Court
• EXCELLENT CHARACTER
1. Constitutional
2. Statutory – congress is given the authority to prescribe additional qualification for judges of lower courts.
QUALIFICATIONS PART 2
Administration of Justice
1. Nature – “compared to other public functions and duties, the dispensing of justice, being extremely important,
is both delicate and singular.
2. Character and Fitness of judges – the possession of the legal qualifications prescribed for appointment to the
judiciary and the existence of constitutional safeguards to protect judicial independence are no assurance that
the appointee will discharge the duties of his office impartially, free from all outside pressure and influence.
3. Judicial standards more exacting – there is no place in the judiciary for those who cannot meet the exacting
standards of judicial competence and integrity.
APPOINTMENT
• BY LEGISLATIVE APPOINTMENT
• BY POPULAR ELECTION
• BY EXECUTIVE APPOINTMENT