JUDICIARY BRANCH OF THE PHILIPPINE GOVERNMENT

The judicial branch of the Philippines

1. JUDICIARY

2. INTRODUCTION " The life of the law has not been logic; it has been experienced. The felt necessities of the time, the prevalent moral and political theories, institutions of public policy, even the prejudices which judges shares with their fellowmen, have had good deal more to do than the syllogism in determining the rules by which men should be governed." - Oliver Wendell Holmes Jr. (American jurist )

3. A part of judicial department is called the JUDICIARY Appellate courts are the part of the judicial system that is responsible for hearing and reviewing appeals from legal cases that have already been heard in a trial-level or other lower court.

4. Why is there a need for judiciary, reputed to be the weakest branch of the government ? Although a country maybe governed by laws, it’s citizen often find themselves at odds with each other, or even with their government

5. Arbiter – the judge or panel of justices Place the parties on equal footing In deciding cases, the judge have to apply the laws wothout fear and favor.

6. JUDICIAL POWER The power to resolve legal disputes is vested in the Supreme Court and the lower courts under its supervision. S ection 1Article VIII of the Philippines Constitution which defines and circumscribes the term “ judicial power”

7. JUDICIAL POWER Supreme Court, Court of Appeals, Sandiganbayan , Court of Tax Appeals, Regular Trial Courts, Metropolitan Circuit, Municipal, and Municipal Circuit Trial Court This courts exercised what is called the Judicial power that are also administrative that are empowered to decide legal disputes by the laws creating them.

8. JUDICIAL POWER They are thus called quasi-judicial bodies, and what they conduct is called quasi-judicial proceedings It involves: - taking and evaluating evidence - determining facts based upon the evidence presented - rendering an order or decision supported by the facts proved

9. Civil Service Comission Commision on Elections Commision on Adult Office of the Ombudsman National Labor Relations Commissions Social Security Commision

10. Housing Land Use and Regulatory Board Energy Regulatory Commission National Police Commission Securities and Exchange Commission

11. JUDICIAL POWER Among the agencies without quasi-judicial powers is the Commission on Human Rights, which investigates alleged human rights violation. While it has fact-finding function, it does not have quasi –judicial powers.

12. DUE PROCESS Due process of law is a constitutional guarantee that prevents governments from impacting citizens in an abusive way Section 1 no person shall be deprived of life, liberty or property without due process of law, not shall any person be denied the equal protection of the laws.

13. DUE PROCESS Life , liberty, property REQUIRES: notice and opputunity and (2) a judgement based on the evidence presented by the parties and on the applications of the law.

14. DUE PROCESS CIVIL CASES: the defendant is notified through the issurance of summons to where is attached a copy of the complaint. After the defendant files an answer, the court will proceed with the trial of case wherein both parties are allowed to present evidence in or on their behalf.

15. DUE PROCESS If the defendant does not file ananswer despite notice, the court will issue an order declaring the defendant in default and proceed to hear the evidence of the plaintiff before deciding the case.

16. DUE PROCESS CRIMINAL CASE: the prosecutor firat conducts a preliminary investigation of the complaint against the accused, wherein the latter will be given an opportunity to file an encounter affidavit. If there is a finding of probable cause against the accused. During the trial, the court will receive the evidence of the prosecution

17. DUE PROCESS (people) and the defense (accused). Even the accused does not present evidence in his or her behalf, or flees after being arraigned, the court will nevertheless render judgement based on the evidence presented and applicable law

18. DUE PROCESS Parties who choose not to avail themselves of the opportunity to answer charges against them cannot complain of a denial of due process EXAMPLES: Grant of provisional authority to increase utility rates, to engages in aline of business, distraint and levy upon the property of a

19. DUE PROCESS Delinquent taxpayer, cancellation of passport, and the preventive suspension of a respondent ina n administrative deiciplinary cases

20. LIFE

21. LIBERTY

22. PROPERTY

23. DUE PROCESS In any cases, there must always be lawful cause for the detenyion of an individual

24. GRAVE OF DISCRETION What is Discretion? - It is the right to choose what should be done in a particular situation. Merriam-Webster Dictionary

25. MEANING OF GRAVE ABUSE OF DISCRETION Meaning - it is a failure to take into proper consideration the facts and law relating to a particular matter :an arbitrary or unreasonable departure from precedent and settled judicial custom. - Grave abuse of discretion has been described as "such capricious and whimsical exercise of judgement as is equivalent to lack of jurisdiction.

26. MEANING OF GRAVE ABUSE OF DISCRETION There is also grave abuse of discretion : ( 1) When an act is done contrary to the Constitution, the law, or jurisprudence, or ( 2) When it is executed whimsically, capriciously, or arbitrarilly out of malice, it will, or personal bias.

27. POWER OF SUPREME COURT the supreme court is the highest court in the Philippines. It is composed of a chief Justice and Fourreen Associate Justices. The justices remain in office until they reach the age of 70 before that time,they may only be remove by an impeachment court

28. POWER OF SUPREME COURT 1. hear and decide cases affecting ambassadors and other public ministries 2. review final judgements and orders of lower court 3. A ssign temporarily judges of lower courts to other stations as public interest

29. POWER OF SUPREME COURT 4. order a change of venue or place of trial to avoid a miscarriage of justice. 5.promulgate rules concerning the protection and enforcement of constitutional rights.

30. POWER OF SUPREME COURT 6.appoint all officials and employees of the judiciary in accordance with the civil service law 7. exercise administrative supervision over all courts and the personnel thereof

31. JURISDICTION is defines as the power of the courts to take cognizance of and decide cases . the jurisdiction of the supreme court is laid out in the powers given to it by the constitution, batas I ambansa Blg . 129 provides for the jurisdiction of the Regional trial courts( RTCs) Metropolitan trial court (MTCs) and Municipal circuit trial courts(MCTCs)

32. JURISDICTION The RTC exercise jurisdiction over all civil actions in capable of pecuniary estimation( like complaintsbfor expropriation, actions involving the contract of marriage and marital relations cases previously handled by the juvenile and Domestic Relation Court and The Court of Agrarian Relations and others

33. JURISDICTION Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts hear and decide cases involvin violations of citu or municipal ordinances

34. JUDICIAL REVIEW Pertains to the mandate of the courts to decide on the validillity of executive and legislative acts in the light of their comformity of the constitution Seperation of powers is a fundamental principle in our system of government

35. JUDICIAL REVIEW The constitution also provided for an intricate system of checks and balance to secure coordination in the workings of the various department of government Supreme court as the final arbiter Weakest in the three department

36. REQUISITES OF JUDICIAL REVIEW ACTUAL CASE: an actual case or controversy involves a conflict of legal rights, an assertion of opposing legal claim requiring adjudication

37. REQUISITES OF JUDICIAL REVIEW PROPER PARTY: the constitutional question must be raised by the proper party; or one has legal standing Legal standing = a person and substantial interest in the case such that the party has sustained or will sustain direct inury as a result of governmental act that is being challenged

38. REQUISITES OF JUDICIAL REVIEW EARLIEST OPPORTUNITY: The constitutional question must be raised at the earliest possible opportunity The decision on the constitutional question must be necessary to the determination of the case itself

39. CONSTITUTIONAL QUESTION Court will not resolve the issue of the unconstitutionality of a stature , ordinance, or government act unless it is unavoidable (the very lismora)

40. As much as possible, courts indulge the presumption of constitutionality and go by the maxim that “to doubt is to ”. Courts will not pass upon a constitutionality question although properly presented by the record if the case can be disposed of on some other ground , such as the application of a statute or general law .

41. CONSTITUTIONAL QUESTION Otherwise stated, the determination of constitutionality of the statue must be necessary to a final determination of the case.

42. QUALIFICATION OF MEMBERS OF THE JUDICIARY Section 7, Article VIII of the 1987 Constitution provides the requirements for appointment to the supreme court and lower collegiate courts.

43. 1. No person shall be appointed member of the supreme court or any lower collegiate court unless he is natural born citizen of the P hilippines . A member of the supreme court must be at least 40 years of age, and must have been for 15 years or more. a judge of lower court or engaged in the practice of law in the Philippine.

44. 2. The congress shall prescribe the qualifications of judges of lower courts, but no person may be appointed judge there of unless he is a citizen of the P hilippines and a member of the Philippine Bar. 3 . A Member of the Judiciary must be a person of proven competence, integrity, probity, and independence.

45. Based on this provision, a Justice of the supreme court ,court of appeals, saligang bayan , and court of tax Appeals must be: 1.a natural born Filipino citizen 2. at least 40 years old and 3. with atleast 15 years experience as a judge or law practitioner in the philippines . On the otherhand , under section15 B.P.Blg,129, a judgeof the regional trial

46. Court must be: 1.a natural born filipino citizen 2.atleast 35 years of age 3.with atleast 10 years experience in the practice of law in the philippines , or in public office requiring admission to the practice of law

47. Similarly. Section 26 of BP blg 129 provides that a judge of a metropolitan trial court, Municipal trial court, and Munucipal circuit trial court must be 1.a natural born filipino citizen 2.atleast 30 years of age 3.for atleast 5 years, engaged in the practice of law or held a public office requiring admission to the practice of law

48. In all caser section 7, article VIII of the 1987 constitution imposes the requirements for a member of the judiciary must be proven competence , integrity, probity and independence.

49. 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, other lower courts, and the Legal Education Board, and in the offices of the Ombudsman, Deputy Ombudsman and the Special Prosecutor .

50. THE JUDICIAL AND BAR COUNCIL JBC Seal

51. FUNCTION The president shall choose from among those nominated, before the president may ask the Council to nominate somebody else and add it to the list, but this is not allowed anymore. The person then chosen by the president then becomes a member of the Judiciary, and is not anymore reviewed by the Commission on Appointments .

52. FUNCTION This is to prevent politicking and horse-trading among political parties. Prior to the creation of the JBC, judges and justices were appointed by the president as per and the 1973 constitution, and with confirmation by the Commission on Appointments as per the 1935 constitution. Former Chief Justice Artemio Panganiban said that the Council's principal objective is to attract the best and brightest to the judiciary and to make them remain there.

53. THE POLITICAL NEUTRALITY AND FAIRNESS JUDICIAL VIRTUES It is a challenge for the judges to be politically neutral and fair . Politics is deeply ingrained in Filipino Culture,appointments to public office

54. THE POLITICAL NEUTRALITY AND FAIRNESS JUDICIAL VIRTUES Politics involves the production, allocation and use of decision-making powers among large groups of individuals. In stable and strong states, political activities usually refer to the powers of the state to govern. In unstable and weak states, politics encompasses social power issues within and outside the boundaries of the 'legitimate' state

55. THE POLITICAL NEUTRALITY AND FAIRNESS JUDICIAL VIRTUES Because of the importance people attach in such positions. they immediately assume that judges get the nod because of their bot so secret backers.it is therefor important for the judicial appointees to show that not with standing perceptions, they can resist political pressure and be neutral and impartial .

56. THE JUDICIARY DISPENSER OF JUSTICE AND VANGUARD OF INDIVIDUAL RIGHTS The Supreme Court and the lower Courts perform a crucial role in dispensing Justice and protecting individual rights.

57. THE JUDICIARY DISPENSER OF JUSTICE AND VANGUARD OF INDIVIDUAL RIGHTS Not only do they settle legal disputes and shield the people from official abuse and indirection. Without these institutions,the check and balance mechanism characteristic of the relationship between the three branches of government would be meaningless.

58. THE JUDICIARY DISPENSER OF JUSTICE AND VANGUARD OF INDIVIDUAL RIGHTS During the watch of chief justice Renato Puno,the writs of Amparo and habeas data were introduce to safeguard individual liberty and security.

59. THE JUDICIARY DISPENSER OF JUSTICE AND VANGUARD OF INDIVIDUAL RIGHTS The innovation and tinkering with the tools at the disposal of the judiciary were not limited to these writs . In a laudable effort to protect the ecology,the supreme court also gave us the novel and precedent-setting writ of kalikasan .