Writing an Argumentative Essay English Presentation in Blue Illustrative Style.pptx

RVVEVEEVEV

1. POLITICS PHILIPPINE GOVERNANCE GROUP 2

2. THE NATURE & CONTEXT OF JUDICIAL POWER MODULE 4

3. As defined in the 1987 Constitution, is the authority to resolve legal disputes, settle controversies involving legally demandable rights, and determine if government branches have misused discretion. Judges' primary role is to interpret and adjudicate the law, ensuring fairness and justice. JUDICIAL POWER

4. Judicial independence “insulates the judiciary from the political branches of the government(presidency and Congress) and partisan politics. Its goal is also to preserve the judicial system against the vagaries of public opinion and the corrupting effects of opaque illegal payoffs”(Lim 2010, 160). JUDICIAL INDEPENDENCE

5. 1. The security of tenure of judicial officers; 2. The judiciary’s fiscal autonomy; 3. Judicial self-regulation or self-administration; 4. The appointment of justices and judges; and 5. Impeachment THE 1987 PHILIPPINE CONSTITUTION CONTAINS SEVERAL PROVISIONS THAT GUARANTEE the judicial independence or independence of the judiciary. These are the provisions on:

6. 1. Creation of the Judicial and Bar Council 2. Expanded power of judicial review 3. Fiscal Autonomy of the Judiciary 4. Power to review proclamation of martial law and the suspension of the writ of habeas corpus 5. Security of tenure of the judges 6. The Supreme Court as judge in presidential elections THE JUDICIAL BRANCH IS ONE OF THE THREE INDEPENDENT, COEQUAL, AND COORDINATE branches of the government. The independence of the Philippine judiciary is manifested in the following:

7. Not only does the 1987 Constitution contain provisions to ensure the independence of the Judiciary. It also significantly broadens the extent of judicial power in the Philippines to include both the power of adjudication and the power of judicial review.

8. Adjudicatory Power Judicial Review Incidental Power SCOPE OF JUDICIAL POWER -To settle actual controversies involving rights and to determine whether there has been a grave abuse of discretion to lack or excess of jurisdiction. -Interpret the law and make them binding judgements. Constitutionality of the laws. -Powers essentials for the distance of their judiciary function.

9. THE POWERS OF THE SUPREME COURT MODULE 5

10. THE SUPREME COURT “Court of last resort” Power of the Supreme Court ( According to Article VII, Section 5 of the 1987 Constitution) 1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petition The three co-equal departments are established by the constitution in as balanced positions as possible. To maintain this balance or to restore it if upset, each department is given certain powers with which to check the others for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

11. 2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the law of the Rules of Court may provide, final judgements and orders of lower courts in: a. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, 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 imposed is reclusion perpetua or higher. e. All cases in which only an error or question of law is involved.

12. 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. 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, pleading, practice and procedure in all courts, the admission to the practice of law, the integrated bar and legal assistance to the under-privileged. Such rules shall provide 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.

13. 6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law. Section 6 also provides that the Supreme Court shall have administrative supervision over all courts and the personnel thereof. The offices under the Supreme Court include the Judicial and Bar Council, the Office of the Court Administrator, the Philippine Judicial Academy, and the Philippine Mediation Center. Section 8 provides that “a Judicial and Bar Council is hereby created under the supervision of the Supreme Court composed of the Chief Justice as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the private sector.”

14. QUALIFICATIONS: SUPREME COURT - he must be a natural-born citizen of the Philippines - he must be at least forty (40) years of age - he must have, for fifteen (15) years or more, been a judge of a lower court or engaged in the practice of law in the Philippines - he must be a person of proven competence, integrity, probity and independence.

15. Ang Korte Suprema ng Pilipinas ay binubuo ng isang Punong Mahistrado at labing-apat (14) na Kasamang Mahistrado. Sa kasalukuyan, ang Punong Mahistrado ay si Alexander G. Gesmundo, na itinalaga noong Abril 5, 2021.Narito ang listahan ng mga kasalukuyang mahistrado ng Korte Suprema ng Pilipinas: Alexander G. Gesmundo – Punong Mahistrado Marvic M.V.F. Leonen – Kasamang Mahistrado Alfredo Benjamin S. Caguioa – Kasamang Mahistrado Ramon Paul L. Hernando – Kasamang Mahistrado Rosmari D. Carandang – Kasamang Mahistrado Amy C. Lazaro-Javier – Kasamang Mahistrado Henri Jean Paul B. Inting – Kasamang Mahistrado Rodil V. Zalameda – Kasamang Mahistrado Mario V. Lopez – Kasamang Mahistrado Samuel H. Gaerlan – Kasamang Mahistrado Ricardo R. Rosario – Kasamang Mahistrado Jhosep Y. Lopez – Kasamang Mahistrado Japar B. Dimaampao – Kasamang Mahistrado Antonio T. Kho, Jr. – Kasamang Mahistrado Maria Filomena D. Singh – Kasamang Mahistrado

16. COMPOSED OF FIFTEEN MEMBERS COMPOSITION AND TERMS OF OFFICE: 1 CHIEF JUSTICE AND 14 ASSOCIATE JUSTICE NO TERM LIMIT – BUT THEY ARE MANDATED TO HOLD OFFICE DURING GOOD BEHAVIOR UNTIL they reach the age of 70 or become incapacitated to discharge the duties of their office.

17. DISPENSER OF JUSTICE & VANGUARD OF Individual Rights MODULE 6

18. Some of the Functions of the Supreme Court under the 1987 Constitutions are as follows: FUNCTIONS OF THE SUPREME COURT The Supreme Court primarily handles the cases of ambassadors, other publicministers and consuls. The higher courts have the authority to review and amend decisions made by lower courts in cases involving international agreements, presidential decrees, serious punishments, and legal errors. Appointment of Judges, officials and employees of the Judiciary. Create and disseminate rules and procedures concerning the processes in legal courts as well as the membership of to the Bar.

19. Supreme Court Court of Appeals Court of Tax Appeals The highest judicial authority in the country, responsible for interpreting the constitution and ensuring laws comply with it. The second highest court that reviews and resolves appeals from lower courts' decisions. A specialized court that handles cases related to tax, tariffs, and other monetary obligations to the government.

20. SANDIGANBAYAN HAS JURISDICTION OVER THE FOLLOWING: 1. Violations of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, as amended, and Chapter II, Section 2. Title VII, Book II of the Rexised Penal Code, where one or more of the accused are officials occupying the following positions in the government whether in a permanent, acting or interim capacity, at the time of the commission of the offense:

21. 1.1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade 27 and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including: 1.1.1. Provincial governors, vice-governors, members of the Sangguniang Panlalawigan and provincial treasurers, assessors, engineers and other provincial department heads; 1.1.2. City mayors, vice mayors, members of the Sangguniang Panlungsod. city treasurers, anrssors engineers and other city department heads;

22. 1.1.1. Officials of the diplomatic service occupying the position of consul and higher, 1.1.4. Philippine army and air force colonels, naval captains, and all officers. of higher rank; 1.1.5. Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher, 1.1.6. City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor,

23. 1.1.7. Presidenta, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations; 1.2. Members of Congress and officials thereof classified as grade 27 and up under the Compensation and Position Classification Act of 1989; 1.3. Members of the judiciary without prejudice to the provisions of the constitution; 1.4. Chairmen and members of constitutional commissions, without prejudice to the provisions of the constitution, and 1.5.All other national and incal officials classified as Grade 27 and higher under the Compensation and Position Classification Act of 1989.

24. 2. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a of this section in relation to their office. JURISDICTION OF SANDIGANBAYAN

25. 3. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, s. 1986. JURISDICTION OF SANDIGANBAYAN

26. SANDIGANBAYAN the Sandiganbayan exercises exclusive appellate jurisdiction over final judgments, resolutions or orders or regional trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided.

27. SANDIGANBAYAN The Sandiganbayan has exclusive jurisdiction over petitions for writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes, as well as similar petitions arising from cases filed under 1986 Executive Order Nos. 1,2,14, and 14-A.

28. SANDIGANBAYAN In case private individuals are charged as co-principals, accomplices or accessories with the public officers or employees, including those employed in government-owned or controlled corporations, they shall be tried jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction over them.

29. SANDIGANBAYAN The Sandiganbayan comprises of one presiding justice and 14 associate justices, all of which are appointed by the President from a shortlist submitted by the Judicial and Bar Council.

30. THE QUALIFICATIONS TO BECOME A MEMBER OF THE SANDIGANBAYAN ARE AS FOLLOWS: HERE 1. a natural-born citizen of the Philippines; 2. at least 40 years of age 3. has been a judge of a court for at least ten years, or been engaged in the practice of law in the Philippines or has held office requiring admission to the bar as a prerequisite for at least ten years.

31. THANK YOU