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Philippine Politics and Governance
ï‚–
• Is vested in the supreme
court.
Final bulwark of liberty.
Protects the poor and the
weak.
Protects the right
Judiciary ?
ï‚–
QUALIFICATION TO BECOME A
MEMBER OF THE SUPREME COURT
• Natural born citizen of the Philippines.
• At least 40 years of age.
• A Judge in a court of record for at least 15 years or
engaged in the practice of Law in the Philippines for
the same period .
• A person of proven competence, integrity, probity&
independence . They hold office during good behavior
until they reach the age of 70 years or become
incapacitated to discharge the duties of their office.
They can be removed only by impeachment . Grounds
for impeachment includes conviction of culpable
violation , treason, bribery, others high crimes, or graft
& corruption.
ï‚–
1. To give Justice to the people
 It awards punishment to those who found guilty of
violating the laws of the state or the rights of the people.
2. Interpretation and Application of Laws
 In the course of deciding the disputes that come before it,
the judges interpret and apply laws.
3. Role in Law-making
 The interpretation of laws by the judiciary amounts to
law-making as it these interpretation define the laws.
Functions and
Importance of Judiciary
ï‚–
4. Equity Legislation
 Sense of justice, fairness, impartially, honesty and
wisdom for deciding the cases.
5. Protection of Rights
 The Judiciary has the supreme responsibility to
safeguard the rights of the people.
6. Guardian of the Constitution
 Constitution is the supreme law of the land and it is
the responsibility of the judiciary to interpret and
protect it.
 8. Special Role in a Federation
 In a federal system, the judiciary has to perform an
additionally important role as a guardian of the
constitution and the arbiter of disputes between the
centre and the states.
ï‚–
9. Running of the Judicial Administration
 It has the power to decide the nature of judicial
organization in the state. It frames and enforces its own
rules.
10. Advisory Functions
 Very often the courts are given the responsibility to give
advisory opinions rulers of any legal matter.
11. To Conduct Judicial Inquiries
 Commissions of enquiry headed by a single judge are
also sometimes constituted or investigating important
and complicated issues and problems.
12. Miscellaneous Functions
 Appointment of certain local officials of the court ,
choosing of clerical and other employees.
ï‚–
ï‚™In the life of the citizens of the state,
Judiciary is a source of confidence and
fearlessness. The common man
depends upon judiciary for getting
justice. Security of rights and freedom
secured by the Judiciary.
Importance of
Independent Judicial
Article VIII of the Philippine
1987 Constitution
ï‚–
ï‚™ THE JUCIARY IS ONLY FOR ONE
SUPREME COURT
ï‚™ SETTLE ACTUAL CONTROVERSIES
INVOLVING RIGHTS THAT ARE
DEMANDABLE
ï‚™ IN JUDGING, SHOULD BE A
UNIVERSALIST AND SHOULD NOT
PROVOKE ANYONE’S RIGHT
Section 1
ï‚–
ï‚™ THE CONGRESS IS POWERED TO
DEFINE, PRESCRIBE AND APPORTION
THE JURISDICTION OF THE VARIOUS
COUNTS.
ï‚™ NO LAW SHALL BE PASSED
WITHOUT THE RESEMBLANCE OF
THE TENURE’S SECURITY.
Section 2
ï‚–
ï‚™ FISCAL AUTONOMY
APPROPRIATED FOR THE
JUDICIARY
ï‚™ SHOULD NOT BE REDUCED
AS OF THE PREVIOUS YEAR
SECTION 3
ï‚–
ï‚™ THE JUDICIARY WILL BE HAVING ONE CHIEF JUSTICE
MARIA LOURDES SERENO
14 Associate Justices
Vacancy will be filled upon 90 days after
the loss.
Section 4
ï‚–
ï‚™THE SUPREME COURT SHALL HAVE THE
FOLLOWING POWERS:
ï‚™ 1. EXERCISE ORIGINAL JURISDICTION OVER CASE
AFFECTING AMBASSADORS, OTHER PUBLIC MINISTERS
AND CONSULS, AND OVER PETITIONS FOR CERTIORARI,
PROHIBITION, MANDAMUS, QUO WARRANTO, AND
HABEAS CORPUS.
ï‚™ 2. REVIEW, REVISE, REVERSE, MODIFY, OR AFFIRM ON
APPEAL OR CERTIORARI, AS THE LAW OR THE RULES OF
COURT MAY PROVIDE, FINAL JUDGMENTS AND ORDERS
OF LOWER COURTS IN.
Section 5
ï‚–
ï‚™3. ASSIGN TEMPORARY JUDGE 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.
ï‚™4. ORDER A CHANGE OF VENUE OR PLACE OF
TRIAL TO AVOID A MISCARRIAGE OF JUSTICE.
ï‚–
ï‚™5. PROMULGATE RULES CONCERNING THE
PROTECTION AND ENFORCEMENT OF THE
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.
ï‚™6. APPOINT ALL OFFICIALS AND EMPLOYEES
OF THE JUDICIARY IN ACCORDANCE WITH
THE CIVIL SERVICE LAW.
ï‚–
ï‚™THE SUPREME COURT SHALL HAVE
ADMINISTRATIVE SUPERVISION OVER
ALL COURTS AND THE PERSONNEL
THEREOF.
Section 6
ï‚–
ï‚™1. NO PERSON SHALL BE APPOINTED MEMBER
OF THE SUPREME COURT OR ANY LOWER
COLLEGIATE COURT UNLESS HE IS A
NATURAL-BORN CITIZEN OF THE
PHILIPPINES. A MEMBER OF THE SUPREME
COURT MUST BE AT LEAST FORTY YEARS OF
AGE OR MORE, AND MUST HAVE BEEN FOR
FIFTEEN YEARS OR MORE, A JUDGE OF A
LOWER COURT OR ENGAGED IN THE
PRACTICE OF LAW IN THE PHILIPPINES.
Section 7
ï‚–
ï‚™2. THE CONGRESS SHALL PRESCRIBE THE
QUALIFICATIONS OF JUDGES OF LOWER
COURTS, BUT NO PERSON MAY BE
APPOINTED JUDGE THEREOF UNLESS HE IS A
CITIZEN OF THE PHILIPPINES AND A
MEMBER OF THE PHILIPPINE BAR.
ï‚™3. A MEMBER JUDICIARY MUST BE A PERSON
OF PROVEN COMPETENCE, INTEGRITY,
PROBITY, AND INDEPENDENCE.
ï‚–
ï‚™1. A JUDICIAL AND BAR COUNCIL IS HEREBY
CREATED UNDER THE SUPERVISION OF THE
SUPREME COURT COMPOSED OF CHIEF
JUSTICE AS EX OFFICIO CHAIRMAN, THE
SECRETARY JUSTICE, AND A
REPRESENTATIVE OF THE CONGRESS AS A
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.
Section 8
ï‚–
ï‚™2. THE REGULAR MEMBERS OF THE COUNCIL
SHALL BE APPOINTED BY THE PRESIDENT
FOR A TERM OF FOUR YEARS WITH THE
CONSENT OF THE COMMISSION ON
APPOINTMENTS. OF THE MEMBERS FIRST
APPOINTED, THE REPRESENTATIVE OF THE
INTEGRATED BAR SHALL SERVE FOR FOUR
YEARS, THE PROFESSOR OF LAW FOR THREE
YEARS, THE RETIRED JUSTICE FOR TWO
YEARS, AND THE REPRESENTATIVE OF THE
PRIVATE SECTOR FOR ONE YEAR.
ï‚–
ï‚™3. THE CLERK OF THE SUPREME COURT SHALL
BE THE SECRETARY EX OFFICIO OF THE
COUNCIL AND SHALL KEEP A RECORD OF ITS
PROCEEDINGS.
ï‚™4. THE REGULAR MEMBERS OF THE COUNCIL
SHALL RECEIVE SUCH EMOLUMENTS AS MAY
BE DETERMINED BY THE SUPREME COURT.
THE SUPREME COURT SHALL PROVIDE IN ITS
ANNUAL BUDGET THE APPROPRIATIONS FOR
THE COUNCIL.
ï‚–
ï‚™5. THE COUNCIL SHALL HAVE
THE PRINCIPAL FUNCTION OD
RECOMMENDING APPOINTEES TO
THE JUDICIARY. IT MAY EXERCISE
SUCH OTHER FUNCTIONS AND
DUTIES AS SUPREME COURT MAY
ASSIGN TO IT.
ï‚–
ï‚™THE MEMBERS OF THE
SUPREME COURT AND THE
JUDGES OF THE LOWER
COURTS SHALL BE APPOINTED
BY THE PRESIDENT OF AT
LEAST 3 NOMINEES FROM THE
LIST.
Section 9
ï‚–
ï‚™THE SALARY OF THE CHIEF
JUSTICE , ASSOCIATES JUSTICE
OF THE SUPREME COURT AND
THE JUDGES OF LOWER COURT
SHALL BE FIXED BY LAWS.
Section 10
ï‚–
ï‚™MEMBERS OF THE SUPREME
COURT AND THE JUDGES OF
LOWER COURT SHALL TAKE
THE OFFICE UNTIL THEY
REACH THE AGE OF 70 YEARS.
Section 11
ï‚–
ï‚™THE MEMBERS OF THE
SUPREME COURT AND OF
OTHER COURTS ESTABLISHED
BY LAW SHALL NOT BE
DESIGNATED TO ANY AGENCY
PERFORMING QUASI-JUDICIAL.
Section 12
ï‚–
ï‚™THE CONCLUSION OF THE
SUPREME COURT IN ANY CASE
SHALL BE REACHED IN
CONSULTATIONS BEFORE IT IS
ASSIGNED TO A MEMBER.
Section 13
ï‚–
ï‚™NO DECISIONS SHALL BE
RENDERED BY ANY COURT
WITHOUT EXPRESSING THE
FACTS AND THE LAW WHICH
IT IS BASED.
Section 14
ï‚–
ï‚™ALL CASES OR MATTERS FILED
MUST BE DECIDED RESOLVED
WITHIN 24 MONTHS FROM THE
DATE OF SUBMISSIONS.
Section 15
ï‚–
ï‚™THE SUPREME COURTS SHALL WITHIN
30 DAYS FROM THE OPENING OF
EACH REGULAR SESION OF THE
CONGRESS, SUBMIT TO THE
PRESIDENT AND THE CONGRESS AN
ANNUAL REPORT ON THE
OPERATIONS AND ACTIVITIES OF THE
JUDICIARY.
Section 16

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Philippine Judiciary Powers and Structure

  • 2. ï‚– • Is vested in the supreme court. Final bulwark of liberty. Protects the poor and the weak. Protects the right Judiciary ?
  • 3. ï‚– QUALIFICATION TO BECOME A MEMBER OF THE SUPREME COURT • Natural born citizen of the Philippines. • At least 40 years of age. • A Judge in a court of record for at least 15 years or engaged in the practice of Law in the Philippines for the same period . • A person of proven competence, integrity, probity& independence . They hold office during good behavior until they reach the age of 70 years or become incapacitated to discharge the duties of their office. They can be removed only by impeachment . Grounds for impeachment includes conviction of culpable violation , treason, bribery, others high crimes, or graft & corruption.
  • 4. ï‚– 1. To give Justice to the people  It awards punishment to those who found guilty of violating the laws of the state or the rights of the people. 2. Interpretation and Application of Laws  In the course of deciding the disputes that come before it, the judges interpret and apply laws. 3. Role in Law-making  The interpretation of laws by the judiciary amounts to law-making as it these interpretation define the laws. Functions and Importance of Judiciary
  • 5. ï‚– 4. Equity Legislation  Sense of justice, fairness, impartially, honesty and wisdom for deciding the cases. 5. Protection of Rights  The Judiciary has the supreme responsibility to safeguard the rights of the people. 6. Guardian of the Constitution  Constitution is the supreme law of the land and it is the responsibility of the judiciary to interpret and protect it.  8. Special Role in a Federation  In a federal system, the judiciary has to perform an additionally important role as a guardian of the constitution and the arbiter of disputes between the centre and the states.
  • 6. ï‚– 9. Running of the Judicial Administration  It has the power to decide the nature of judicial organization in the state. It frames and enforces its own rules. 10. Advisory Functions  Very often the courts are given the responsibility to give advisory opinions rulers of any legal matter. 11. To Conduct Judicial Inquiries  Commissions of enquiry headed by a single judge are also sometimes constituted or investigating important and complicated issues and problems. 12. Miscellaneous Functions  Appointment of certain local officials of the court , choosing of clerical and other employees.
  • 7. ï‚– ï‚™In the life of the citizens of the state, Judiciary is a source of confidence and fearlessness. The common man depends upon judiciary for getting justice. Security of rights and freedom secured by the Judiciary. Importance of Independent Judicial
  • 8. Article VIII of the Philippine 1987 Constitution
  • 9. ï‚– ï‚™ THE JUCIARY IS ONLY FOR ONE SUPREME COURT ï‚™ SETTLE ACTUAL CONTROVERSIES INVOLVING RIGHTS THAT ARE DEMANDABLE ï‚™ IN JUDGING, SHOULD BE A UNIVERSALIST AND SHOULD NOT PROVOKE ANYONE’S RIGHT Section 1
  • 10. ï‚– ï‚™ THE CONGRESS IS POWERED TO DEFINE, PRESCRIBE AND APPORTION THE JURISDICTION OF THE VARIOUS COUNTS. ï‚™ NO LAW SHALL BE PASSED WITHOUT THE RESEMBLANCE OF THE TENURE’S SECURITY. Section 2
  • 11. ï‚– ï‚™ FISCAL AUTONOMY APPROPRIATED FOR THE JUDICIARY ï‚™ SHOULD NOT BE REDUCED AS OF THE PREVIOUS YEAR SECTION 3
  • 12. ï‚– ï‚™ THE JUDICIARY WILL BE HAVING ONE CHIEF JUSTICE MARIA LOURDES SERENO 14 Associate Justices Vacancy will be filled upon 90 days after the loss. Section 4
  • 13. ï‚– ï‚™THE SUPREME COURT SHALL HAVE THE FOLLOWING POWERS: ï‚™ 1. EXERCISE ORIGINAL JURISDICTION OVER CASE AFFECTING AMBASSADORS, OTHER PUBLIC MINISTERS AND CONSULS, AND OVER PETITIONS FOR CERTIORARI, PROHIBITION, MANDAMUS, QUO WARRANTO, AND HABEAS CORPUS. ï‚™ 2. REVIEW, REVISE, REVERSE, MODIFY, OR AFFIRM ON APPEAL OR CERTIORARI, AS THE LAW OR THE RULES OF COURT MAY PROVIDE, FINAL JUDGMENTS AND ORDERS OF LOWER COURTS IN. Section 5
  • 14. ï‚– ï‚™3. ASSIGN TEMPORARY JUDGE 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. ï‚™4. ORDER A CHANGE OF VENUE OR PLACE OF TRIAL TO AVOID A MISCARRIAGE OF JUSTICE.
  • 15. ï‚– ï‚™5. PROMULGATE RULES CONCERNING THE PROTECTION AND ENFORCEMENT OF THE 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. ï‚™6. APPOINT ALL OFFICIALS AND EMPLOYEES OF THE JUDICIARY IN ACCORDANCE WITH THE CIVIL SERVICE LAW.
  • 16. ï‚– ï‚™THE SUPREME COURT SHALL HAVE ADMINISTRATIVE SUPERVISION OVER ALL COURTS AND THE PERSONNEL THEREOF. Section 6
  • 17. ï‚– ï‚™1. NO PERSON SHALL BE APPOINTED MEMBER OF THE SUPREME COURT OR ANY LOWER COLLEGIATE COURT UNLESS HE IS A NATURAL-BORN CITIZEN OF THE PHILIPPINES. A MEMBER OF THE SUPREME COURT MUST BE AT LEAST FORTY YEARS OF AGE OR MORE, AND MUST HAVE BEEN FOR FIFTEEN YEARS OR MORE, A JUDGE OF A LOWER COURT OR ENGAGED IN THE PRACTICE OF LAW IN THE PHILIPPINES. Section 7
  • 18. ï‚– ï‚™2. THE CONGRESS SHALL PRESCRIBE THE QUALIFICATIONS OF JUDGES OF LOWER COURTS, BUT NO PERSON MAY BE APPOINTED JUDGE THEREOF UNLESS HE IS A CITIZEN OF THE PHILIPPINES AND A MEMBER OF THE PHILIPPINE BAR. ï‚™3. A MEMBER JUDICIARY MUST BE A PERSON OF PROVEN COMPETENCE, INTEGRITY, PROBITY, AND INDEPENDENCE.
  • 19. ï‚– ï‚™1. A JUDICIAL AND BAR COUNCIL IS HEREBY CREATED UNDER THE SUPERVISION OF THE SUPREME COURT COMPOSED OF CHIEF JUSTICE AS EX OFFICIO CHAIRMAN, THE SECRETARY JUSTICE, AND A REPRESENTATIVE OF THE CONGRESS AS A 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. Section 8
  • 20. ï‚– ï‚™2. THE REGULAR MEMBERS OF THE COUNCIL SHALL BE APPOINTED BY THE PRESIDENT FOR A TERM OF FOUR YEARS WITH THE CONSENT OF THE COMMISSION ON APPOINTMENTS. OF THE MEMBERS FIRST APPOINTED, THE REPRESENTATIVE OF THE INTEGRATED BAR SHALL SERVE FOR FOUR YEARS, THE PROFESSOR OF LAW FOR THREE YEARS, THE RETIRED JUSTICE FOR TWO YEARS, AND THE REPRESENTATIVE OF THE PRIVATE SECTOR FOR ONE YEAR.
  • 21. ï‚– ï‚™3. THE CLERK OF THE SUPREME COURT SHALL BE THE SECRETARY EX OFFICIO OF THE COUNCIL AND SHALL KEEP A RECORD OF ITS PROCEEDINGS. ï‚™4. THE REGULAR MEMBERS OF THE COUNCIL SHALL RECEIVE SUCH EMOLUMENTS AS MAY BE DETERMINED BY THE SUPREME COURT. THE SUPREME COURT SHALL PROVIDE IN ITS ANNUAL BUDGET THE APPROPRIATIONS FOR THE COUNCIL.
  • 22. ï‚– ï‚™5. THE COUNCIL SHALL HAVE THE PRINCIPAL FUNCTION OD RECOMMENDING APPOINTEES TO THE JUDICIARY. IT MAY EXERCISE SUCH OTHER FUNCTIONS AND DUTIES AS SUPREME COURT MAY ASSIGN TO IT.
  • 23. ï‚– ï‚™THE MEMBERS OF THE SUPREME COURT AND THE JUDGES OF THE LOWER COURTS SHALL BE APPOINTED BY THE PRESIDENT OF AT LEAST 3 NOMINEES FROM THE LIST. Section 9
  • 24. ï‚– ï‚™THE SALARY OF THE CHIEF JUSTICE , ASSOCIATES JUSTICE OF THE SUPREME COURT AND THE JUDGES OF LOWER COURT SHALL BE FIXED BY LAWS. Section 10
  • 25. ï‚– ï‚™MEMBERS OF THE SUPREME COURT AND THE JUDGES OF LOWER COURT SHALL TAKE THE OFFICE UNTIL THEY REACH THE AGE OF 70 YEARS. Section 11
  • 26. ï‚– ï‚™THE MEMBERS OF THE SUPREME COURT AND OF OTHER COURTS ESTABLISHED BY LAW SHALL NOT BE DESIGNATED TO ANY AGENCY PERFORMING QUASI-JUDICIAL. Section 12
  • 27. ï‚– ï‚™THE CONCLUSION OF THE SUPREME COURT IN ANY CASE SHALL BE REACHED IN CONSULTATIONS BEFORE IT IS ASSIGNED TO A MEMBER. Section 13
  • 28. ï‚– ï‚™NO DECISIONS SHALL BE RENDERED BY ANY COURT WITHOUT EXPRESSING THE FACTS AND THE LAW WHICH IT IS BASED. Section 14
  • 29. ï‚– ï‚™ALL CASES OR MATTERS FILED MUST BE DECIDED RESOLVED WITHIN 24 MONTHS FROM THE DATE OF SUBMISSIONS. Section 15
  • 30. ï‚– ï‚™THE SUPREME COURTS SHALL WITHIN 30 DAYS FROM THE OPENING OF EACH REGULAR SESION OF THE CONGRESS, SUBMIT TO THE PRESIDENT AND THE CONGRESS AN ANNUAL REPORT ON THE OPERATIONS AND ACTIVITIES OF THE JUDICIARY. Section 16

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