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T HE J UDICIAL D EPARTMENT

T HE J UDICIAL D EPARTMENT. Overview. What is judicial power ? What are the characteristics and scope of judicial power? What is the Supreme Court and what are its powers? What is the Judicial and Bar Council ? What happens when a court decision is reached ?.

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T HE J UDICIAL D EPARTMENT

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  1. THE JUDICIAL DEPARTMENT

  2. Overview • What is judicial power? • What are the characteristics and scope of judicial power? • What is the Supreme Court and what are its powers? • What is the Judicial and Bar Council? • What happens when a court decision is reached?

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

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

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

  6. The Supreme Court • Composition • 1 Chief Justice and 14 Associate Justices • Sits en banc or in divisions • Qualifications • By appointment • 40 years of age • Natural born citizen • Judge or legal practitioner for 15 years

  7. Powers of the Supreme Court • SC has jurisdiction over: • Cases involving ambassadors and public ministers • Petitions for certiorari, mandamus, quo warranto, prohibition & habeas corpus • Review judgments of lower courts • Cases involving constitutionality, legality of any tax, reclusion perpetua and errors on questions of law

  8. Powers of the Supreme Court • Assignment of judges to the lower courts • Order a change of venue for a trial • Promulgate rules of court • Appoint officials of the judiciary and hire employees for the judicial branch

  9. Judicial and Bar Council • Tasked with nominating appointees to the Judiciary (SC  3) • Composition: • Chief Justice • Secretary of Justice • Representative from Congress • IBP Representative • Prof. of law • Private Sector Representative

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

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