THE JUDICIARY

JUSTICE: Fair treatment of people under the principle of the rule of law by people in positions of authority. A decision is considered just if it meets a societys current standards of what constitutes fair treatment under the law. Cultural relativism: the idea that each society sets its own standards in accordance with its own culture, and that what is correct in one society maybe repugnant in another. Because of this, different conception of justice do exist and different systems have been established for the administration of justice.

The law makers and implementers may not be just, themselves, hence most polities have established an institution of government called JUDICIARY whose primary function is to ensure that people will be treated fairly under law.
CHOOSING JUDGES The people who make the final decisions on political and governmental matters must not only know and respect their nations system of law and standard of justice, but also must command respect and obedience. (Legitimacy) Three means to achieve legitimacy (a) appoint only those whose past careers gave them that knowledge and respect, (b) give the right of appointment to officials

who are themselves respected because of the importance of the offices they occupy and (c) surround the judicial role with the physical trappings of dignity and stature.

Judicial Independence means that the judicial branch is protected, usually by constitutional guarantees, from interference by the other two branches (legislative and executive) in the conduct of its work.
Means of Maintaining Judicial Independence: 1. Let other judges exercise the power to control the judges. (Self-regulating agencies of their own creation) 2. Make the process of removing judges extremely difficult and complex. 3. Give the judges the right of judicial review.

LAW is a regulation established by public authorities and must be obeyed and followed by members of society, subject to sanctions or legal consequences. A law does not only resolve private conflicts among individuals and groups, grant rights and privileges, impose duties and responsibilities but also express a societys goals and aspirations.
Types of Law 1. Criminal Law. Acts defined as criminal are considered evil threatening the whole community because they disturb the public order or threaten public welfare. The state rather than the aggrieved party is always the prosecutor (plaintiff).

Three Categories of Criminal Offenses a. Petty Offenses. Normally punished by a fine. (ex. Traffic violations) b. Misdemeanors. Serious but not major offenses and are punishable by larger fines or short jail terms. (ex. Gambling, prostitution) c. Felonies. Major crimes that are punishable by imprisonments. (ex. Rape, murder, robbery)
2. Civil Law. This law is different from criminal law in that it provides redress for private individuals or group who feel that they have been injured. (Ex. Marriage, divorce, custody of children, inheritance, the conduct of business) Constitutional Law. It refers to the Constitution together with the judicial rulings about its meaning and intent.

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Constitutional law is not static but a living and growing institution.

Administrative Law. Regulatory orders enacted by appropriate government agencies. This law develops when regulatory agencies interpret the statutes passed by Congress. International Law. This law consists of International treaties and conventions and long-established customs recognized by most nations. This law is something that cannot be enforced like a regular national law. Its effectiveness is dependent on the signatories compliance, reciprocal benefit and threat, coercion and deprivation.

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THE PHILIPPINE JUDIARY JUDICIAL POWER is the authority exercised by that department of government which is charged with the declaration of what the law is and its construction. (Bouviers Law Dictionary) It is the power of the court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision. (Justice Miller)

Judicial power is vested in the Supreme Court and in such lower courts as maybe established by law. (Article VIII Section 1, Philippine Constitution.

The Composition of the Philippine Supreme Court 1. Chief Justice (1) 2. Associate Justices (14) The Powers of the Supreme Court (Art. VIII, Sec. 5) 1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls and over petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus. 2. Review, revise, reverse, modify or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgements and order of lower courts in: a. All cases in which the constitutionality of any treaty, international or executive agreement, law presidential decree, proclamation, order, instruction or regulation is in question.

b. All cases involving the legality 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 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 temporary assignment shall not exceed six months without the consent of the judge concerned.

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Order a change of venue or place of trial to avoid a miscarriage of justice.

Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase or modify substantive rights. Rules of procedure of Special Courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. Appoint all officials and employees of the Judiciary in accordance with the civil service Law.

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NOTE: Congress has the power to define, prescribe and apportion the jurisdiction of the various courts but cannot deprive the Supreme Court the jurisdiction over cases under Art. VIII Sec. 5 Qualifications to Become Member of the Supreme Court or any lower collegiate court. 1. Natural-born citizen 2. At least 40 years of age 3. Must have been a judge or engaged in the practice of law in the Philippines for at least 15 years.

Qualifications for Lower Court Judges: 1. Citizen of the Philippines 2. Member of the Philippine Bar

NOTE: A member of the Judiciary must be a person of proven competence, integrity, probity and independence.
THE JUDICIAL AND BAR COUNCIL Its principal function is to recommend appointees to the Judiciary although it may exercise other functions and duties as the Supreme Court may assign to it.

1. 2. 3. 4. 5. 6. 7.

The composition of this council: Chief Justice (Ex-officio Chairman) The Secretary of Justice (Ex-officio member) A representative of Congress (Ex-officio member) A representative of the Integrated Bar A Law professor A retired Supreme Court Member A representative of the private sector

The president appoints the members of the Supreme Court and judges of lower courts from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy. Such appointments need no confirmation. The president shall issue the appointments within 90 days from the submission of the list.
The Supreme Court Members and judges of lower courts shall hold office during good behavior until they reach the age of 70 or become incapacitated to discharge the duties of their office. The Supreme Court en banc has the power to discipline judges of lower courts.

The disciplinary authority of the court over members of the Bar is broader than the power of the court to punish for contempt. The disciplinary authority of the Court over members of the Bar is but corollary to the Courts exclusive power of admission to the Bar.
Kinds of Jurisdiction 1. Original Jurisdiction. Refers to the authority of the court to hear and decide any legal controversy brought for the first time 2. Appellate jurisdiction. Refers to the authority of the court to take action on a case appealed before it, which was previously decided by the lower courts. 3. General Jurisdiction. Refers to the general empowerment extended to a court to hear, try and decide all cases except those disputes and controversies expressly assigned to the other courts of justice

4. Limited Jurisdiction. Refers to the courts authority to decide on all disputes limited to special cases. (ex. Court of Tax Appeals) 5. Exclusive Jurisdiction. Refers to the courts sole jurisdiction to decide on a case, which cannot be tried by any other courts. 6. Concurrent Jurisdiction. Refers to the jurisdiction of one or more courts to hear, try and decide the case. Jurisdiction of the Supreme Court 1. Original Jurisdiction
A. Special Civil Actions 1. Certiorari. It is a writ issued from a superior court requiring a lower court or a board of officer exercising judicial functions to transmit the record of a case to a higher court for purposes of review.

2. Prohibition. It is a written order byu which a superior court commands a lower court or a corporation, board or person to desist from further proceedings in action or matter. 3. Mandamus. It is an order commanding a lower court or corporation, board or person to perform a certain act which is its or his duty to do. 4. Quo Warranto. It is an act to recover an office or franchise from an individual or corporation usurping or unlawfully holding it. B. Ambassadors, other Public Ministers and consuls 2. Appellate Jurisdiction. The only power , which the Congress may exercise, with respect to this jurisdiction is to determine whether the elevation of cases from the lower court should be done through appeal or certiorari, a matter of procedure. 3. Rule-Making Power. The Supreme Court is mandated to promulgate rules concerning the protection and enforcement fo constitutional rights and the like.

Sitting Procedure of the Supreme Court 1. En Banc (As a whole body) a) All cases involving the constitutionality of a treaty, international or executive agreement, or law; b) All other cases which under the Rules of Court are required to be heard en banc including those involving the constitutionality, application or operation of presidential decrees, proclamations, orders, instructions, ordinances and other regulations. c) Modification or reversal of the doctrine or principle laid down by the supreme Court and a decision en banc or in division. And d) When the required number of votes is not obtained in the case heard by the division.

2. Division. a) In all other cases the division of three, five or seven will hear any issue. Cases or matters heard by a division shall be decided or resolved by a majority of the members who actually participated in the deliberations.
Sharia Courts (PD1086) were established a s a result of the 1976 Tripoli Agreement. They are either Disctrict Sharia Court or Sharia Circuit Court. Jurisdiction may be classified according to the following: