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UNIT8
UNIT8
UNIT8
LESSON 1
LESSON
JUDICIAL 8
DEPARTMENT:
JUDICIAL
THE DEPARTMENT
ROLES AND RESPONSIBILITIES OF THE
PHILIPPINE JUDICIARY
•Certiorari
•Prohibition
•Mandamus
•Quo Warranto
•Habeas Corpus
• All cases in which the jurisdiction of any lower court
is in issue;
• All criminal cases in which the penalty imposed is
reclusion Perpetua or higher;
• Assignment of judges to the lower courts.
• Order a change of venue or place of trial to avoid a
miscarriage of justice.
• Promulgate rules concerning the protection
and enforcement of constitutional rights,
pleading, practice, and procedure in all
courts.
• Appoint all officials and employees of the
Judiciary in accordance with the Civil
Service Law (Sec. 5
• Judicial and bar Council
- Tasked to nominate appointees to the judiciary.
Composition:
• Chief Justice
• Secretary of Justice
• Representative from Congress
• Integrated Bar of the PhilippinesIBP
representative
• Professor of Law
• Private Sector Representative
The Second highest tribunal
in the country which
established on February 1,
1936
The Jurisdiction of the Court of Appeals are as
follows:
• Original jurisdiction to issue writ of Mandamus,
prohibition, certiorari, habeas corpus and quo
warranto.
• Exclusive original jurisdiction over actions for
annulment of judgements of RTC
• Exclusive appellate jurisdiction over all final
judgements, resolutions, orders or awards pf RTC,
agencies and board of commission.
• The Court of Appeals shall also
have the power to try cases and
conduct hearings, receive evidence
and perform acts.
• The court of Appeals is composed
of 1 presiding justice and 68
associate justice all of which are
appointed by the President from
shortlist submitted by Judicial and
Bar Council.
• The current presiding justice of the
Court of Appeals is Andres Reyes
Jr.
• It has exclusive
jurisdiction over
tax appealed by
private citizens and
commercial firms
who protect the
amount of taxes
imposed.
• Is the highest norms of
official conduct among
officials and employees
in the Government.
• Violations of Republic Act no.
3019 or Anti-Graft and
Corruption practice Act.
• Sandiganbayan composed of 1
presiding justice and 14
associate justices.
The Qualifications:
• Natural Born Citizen
• At least 40 yrs of age
• Has been a judge of a court at
least 10yrs or engaged in the
practice of law in the Philippines
• Or acquiring to the bar for at
least 10 yrs.
• Investigates cases of graft and corruptions. Otherwise known as
Tanod-bayan.
• Under the 1987 Philippine Constitution and the Ombudsman
Act of 1989, the Office of the Ombudsman independently
monitors all three branches of the government for political
corruption. The Ombudsman "is principally tasked to
investigate on its own or upon complaint by any person, in any
form or manner, any act or omission of any public officer or
employee, including those in government-owned or controlled
corporations, which appears to be illegal, unjust, improper or
inefficient."After an investigation, the Ombudsman files
charges at the Sandiganbayan, a special anti-graft court.
• The Offices of the Ombudsman includes the Ombudsman's
own office, along with offices for a team composed of
a Sheriff, the Ombudsman's second in command, and six other
deputies who lead their respective divisions or bureaus.