Judicial Power: Kinds of Offenses

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

Article VIII: Judiciary Department

Judiciary- watch dog of the Legislative and Executive Department


Sec. 1. JUDICIAL POWER
Scope:
1. Judicial power is the authority to settle justiciable controversies or disputes involving rights
that are enforceable and demandable before the courts of justice or the redress of wrongs for
violations of such rights.
Judicial Powers
1. Adjudicatory power- power to use law to solve an issue and to determine the
abuses made.
2. Judicial Review - reviewing of the validity of the laws
3. Incidental Power - Judgement of contempt.

Kinds of Offenses
1. Criminal Case - an offense which affect the community such as killings, massacre,
and etc…
2. Civil Case - an offense which affect two or more individual such as failure to
comply to a contract.

Classification of Court According to Origin


1. Constitutional Court- the Supreme Court, the only Court mandated by the constitution to
be created.
2. Statutory Curt- courts created by the law (Lower Court)

Classification of Court According to Case


1. Special Court- court which has a limited jurisdiction
a. Court of Tax Appeal- court which hold the cases related to tax
b. Sandigan Bayan- court which hold the cases related to graft and corruption. Has 14
Associate Justices.
c. Court of Appeals- court on which hold the cases being appeal to be rejudged.
d. Shariah Court- court which holds the cases of civil offenses related to Muslims.

2. Regular Court- those court which handles those common cases

Composition of Supreme Court


1. One Chief Justice
2. Fourteen Associate Justices

Qualification of a Chief Justice


1. Natural Born Citizen of the Philippines
2. At least 40 years of age
3. Must have 15 years or more been judge of a lower court or engaged in the practicing law
in the Philippines
4. Must be a person of a proven competence, integrity, probity, and independence.
5. Must be a Member of Integrated Bar of the Philippines

Appointment of a Chief Justice/ associate justices


- A certain list of people must be submitted by the Judicial and Bar Council to the
President.
- The President will appoint the Justice but it cannot remove any justice being appointed.
- Retirement age is 70 year old.

You might also like