DD 3 -SSSSSSSSSSSSSSSSSSSSSSJudicial 2.ppt

DEATH

1. TTHE HE JJUDICIAL UDICIAL
DDEPARTMENTEPARTMENT

2. OverviewOverview

What is What is judicial powerjudicial power??

What are the What are the characteristics characteristics and and
scopescope of judicial power? of judicial power?

What is the What is the Supreme CourtSupreme Court and and
what are its powers?what are its powers?

What is the What is the Judicial and Bar CouncilJudicial and Bar Council??

What happens when a What happens when a court court
decision is reacheddecision is reached??

3. The Judicial DepartmentThe Judicial Department

Article VIII, Section 1: Article VIII, Section 1: Judicial power Judicial power
will be vested in the will be vested in the Supreme Court Supreme Court
and and all lower courtsall lower courts

Judicial powerJudicial power: the power to : the power to apply apply
the laws the laws to contests or disputes to contests or disputes
concerning legally recognized rightsconcerning legally recognized rights

Loosely, the Loosely, the judiciary judiciary refers to the refers to the
court systemcourt system

4. Judicial PowerJudicial Power

Generally entails two activities:Generally entails two activities:
1.1.Settling Settling legal controversieslegal controversies
2.2.Determining whether there Determining whether there
has been has been grave abuse of grave abuse of
discretion discretion amounting to lack amounting to lack
or excess of jurisdiction by any or excess of jurisdiction by any
branch of governmentbranch of government

5. Scope of Judicial PowerScope of Judicial Power

Adjudicating PowerAdjudicating Power

The power to settle legal disputesThe power to settle legal disputes

Power of Judicial ReviewPower of Judicial Review

Refers to the power of the Supreme Refers to the power of the Supreme
Court to interpret and make Court to interpret and make
judgments with respect to the lawjudgments with respect to the law

Incidental PowersIncidental Powers

Powers necessary for the discharge Powers necessary for the discharge
of the judicial function of the judicial function

6. The Supreme CourtThe Supreme Court

CompositionComposition

1 Chief Justice and 14 Associate Justices1 Chief Justice and 14 Associate Justices

Sits Sits en banc en banc or in divisionsor in divisions

QualificationsQualifications

By appointmentBy appointment

40 years of age40 years of age

Natural born citizenNatural born citizen

Judge or legal practitioner for 15 yearsJudge or legal practitioner for 15 years

7. Powers of the Supreme CourtPowers of the Supreme Court

SC has SC has jurisdictionjurisdiction over: over:

Cases involving ambassadors and Cases involving ambassadors and
public ministerspublic ministers

Petitions for Petitions for certioraricertiorari, , mandamusmandamus, ,
quo warrantoquo warranto, prohibition & , prohibition & habeas habeas
corpuscorpus

Review judgmentsReview judgments of lower courts of lower courts

Cases involving constitutionality, Cases involving constitutionality,
legality of any tax, legality of any tax, reclusion perpetuareclusion perpetua
and errors on questions of lawand errors on questions of law

8. 
Assignment of judges to the lower Assignment of judges to the lower
courtscourts

Order a change of venue for a Order a change of venue for a
trialtrial

Promulgate rules of courtPromulgate rules of court

Appoint officials of the judiciary Appoint officials of the judiciary
and hire employees for the and hire employees for the
judicial branchjudicial branch
Powers of the Supreme CourtPowers of the Supreme Court

9. Judicial and Bar CouncilJudicial and Bar Council

Tasked with Tasked with nominating nominating
appointeesappointees to the to the JudiciaryJudiciary (SC (SC  3) 3)

Composition:Composition:

Chief JusticeChief Justice

Secretary of JusticeSecretary of Justice

Representative from CongressRepresentative from Congress

IBP RepresentativeIBP Representative

Prof. of lawProf. of law

Private Sector RepresentativePrivate Sector Representative

10. Rendering Court DecisionsRendering Court Decisions

Once a decision is reached, a SC Once a decision is reached, a SC
Justice is assigned to write an Justice is assigned to write an
opinionopinion

The opinion is The opinion is certified by the Chief certified by the Chief
Justice and served Justice and served to the parties to the parties
concerned concerned

Dissentions Dissentions and and abstentions abstentions must must
be be explainedexplained

The The opinion opinion must explain must explain facts of facts of
lawlaw