THAT ARE EVIDENT IN THE SCULPTURE? WHAT DO THEY REPRESENT?
2. HOW DO THESE SYMBOLS
ILLUSTRATE THE MEANING OF JUSTICE SYMBOLS SCALES • THE SCALES REPRESENT THE WEIGHING OF EVIDENCE, AND THE SCALES LACK A FOUNDATION IN ORDER TO SIGNIFY THAT EVIDENCE SHOULD STAND ON ITS OWN. BLINDFOLD • THE BLINDFOLD REPRESENTS IMPARTIALITY, THE IDEAL THAT JUSTICE SHOULD BE APPLIED WITHOUT REGARD TO WEALTH, POWER, OR OTHER STATUS. SWORD • THE SWORD REPRESENTED AUTHORITY IN ANCIENT TIMES, AND CONVEYS THE IDEA THAT JUSTICE CAN BE SWIFT AND FINAL. TOGA • THE GRECO-ROMAN GARMENT SYMBOLIZES THE STATUS OF THE PHILOSOPHICAL ATTITUDE THAT EMBODIES JUSTICE. ESSENTIAL FEATURES OF THE JUDICIAL BRANCH OF PHILIPPINE GOVERNMENT
• AS INDICATED IN ARTICLE VIII OF THE 1987
PHILIPPINE CONSTITUTION, THE JUDICIAL POWER SHALL BE VESTED IN ONE SUPREME COURT AND IN SUCH LOWER COURTS AS MAY BE ESTABLISHED BY LAW. • AS DEFINED IN THE SAME ARTICLE, JUDICIAL POWER INCLUDES THE DUTY OF THE COURTS OF JUSTICE TO SETTLE ACTUAL CONTROVERSIES INVOLVING RIGHTS WHICH ARE LEGALLY DEMANDABLE AND ENFORCEABLE. • THE ROLE OF JUDICIARY IS IMPORTANT BECAUSE THIS BRANCH INTERPRETS THE MEANING OF LAWS, APPLIES LAWS TO INDIVIDUAL CASES, AND DECIDES IF LAWS VIOLATE THE CONSTITUTION. COMPOSITION OF THE PHILIPPINE JUDICIAL SYSTEM
• ACCORDING TO THE JUDICIARY
ORGANIZATION ACT OF 1980, THE PHILIPPINE JUDICIAL SYSTEM IS COMPOSED OF LOWER COURTS AND THE HIGHEST COURT. LOWER COURTS • MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURT • METROPOLITAN TRIAL COURTS AND MUNICIPAL TRIAL COURTS IN CITIES • REGIONAL TRIAL COURTS (RTC) • SHARI’A COURTS • COURT OF APPEALS • SANDIGANBAYAN MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURT • EVERY MUNICIPALITY IN THE PHILIPPINES HAS A MUNICIPAL TRIAL COURT. • IT IS CALLED MUNICIPAL TRIAL COURT IF IT COVERS ONLY ONE MUNICIPALITY. • IT IS CALLED MUNICIPAL CIRCUIT TRIAL COURT IF IT COVERS TWO OR MORE MUNICIPALITIES. METROPOLITAN TRIAL COURTS AND MUNICIPAL TRIAL COURTS IN CITIES • MUNICIPAL TRIAL COURTS INSIDE THE METROPOLITAN AREA ARE CALLED METROPOLITAN TRIAL COURTS. • MUNICIPAL TRIAL COURTS IN CITIES OUTSIDE METROPOLITAN MANILA ARE CALLED MUNICIPAL TRIAL COURTS IN CITIES. REGIONAL TRIAL COURTS (RTC) • REGIONAL TRIAL COURTS ARE CALLED SECOND LEVEL COURTS AND ARE DIVIDED INTO THIRTEEN (13) JUDICIAL REGIONS (FURTHER SUBDIVIDED INTO SEVERAL BRANCHES). • RTCSARE CALLED APPELLATE COURTS BECAUSE THESE COURTS HEAR APPEALS AND REVIEW THE DECISIONS OF LOWER COURTS. SHARI’A COURTS
• SHARI’A COURTS SETTLE LEGAL
CONFLICTS BETWEEN MUSLIM FILIPINOS IN THE SPHERE OF CUSTOMARY AND PERSONAL LAWS. SHARI’A DISTRICT COURTS •EQUIVALENT TO THE REGIONAL TRIAL COURTS IN RANK ARE THE SHARI’A DISTRICT COURTS WHICH WERE ESTABLISHED IN CERTAIN SPECIFIED PROVINCES IN MINDANAO WHERE THE CODE OF MUSLIM PERSONAL LAWS OF THE PHILIPPINES IS BEING ENFORCED. • THERE ARE FIVE (5) SHARI’A DISTRICT COURTS AND FIFTY ONE (51) SHARI’A CIRCUIT COURTS • A SHARI’A DISTRICT COURT IS OF LIMITED JURISDICTION. IT WAS CREATED UNDER PRESIDENTIAL DECREE NO. 1083.
•THE SHARI’A DISTRICT COURT HAS APPELLATE
JURISDICTION OVER ALL CASES TRIED IN THE SHARI’A CIRCUIT COURTS WITHIN THEIR TERRITORIAL JURISDICTION. • THE DECISIONS OF THE SHARI’A DISTRICT COURTS, WHETHER ON APPEAL FROM THE SHARI’A CIRCUIT COURTS OR NOT, SHALL BE FINAL. THE SUPREME COURT SHALL, HOWEVER, CONTINUE TO EXERCISE ORIGINAL AND APPELLATE JURISDICTION OVER CERTAIN ISSUES AS PROVIDED BY THE CONSTITUTION. COURT OF APPEALS (HUKUMAN NG PAGHAHABOL NG PILIPINAS)
• IS THE COUNTRY’S SECOND-HIGHEST JUDICIAL
COURT. • COURT OF APPEALS HAS JURISDICTION OVER APPEALS FROM THE DECISION OF THE REGIONAL TRIAL COURTS. • THE COURT OF APPEALS WAS ESTABLISHED UNDER BATAS PAMBANSA BILANG 129 KNOWN • COURT OF APPEALS HAS JURISDICTION OVER APPEALS FROM THE DECISION OF THE REGIONAL TRIAL COURTS. • THE COURT CONSISTS OF 68 ASSOCIATE JUSTICES AND 1 PRESIDING JUSTICE. • THEY ARE ALL APPOINTED BY THE PRESIDENT. • THE COURT SITS BY DIVISIONS, EACH DIVISION IS BEING COMPOSED OF THREE MEMBERS. • THE COURT MAY SIT EN BANC FOR THE PURPOSE OF EXERCISING ADMINISTRATIVE, CEREMONIAL OR OTHER NON-ADJUDICATORY FUNCTIONS. SANDIGANBAYAN • THE SANDIGANBAYAN WAS ESTABLISHED UNDER PRESIDENTIAL DECREE NO. 1606. • ITS RANK IS EQUIVALENT TO COURT OF APPEALS. • IT TRIES AND DECIDES CRIMINAL AND CIVIL CASES AGAINST GOVERNMENT OFFICIALS AND EMPLOYEES ACCUSED OF GRAFT AND CORRUPTION AND SIMILAR OTHER CASES. • THE SANDIGANBAYAN SHALL SIT IN FIVE (5) DIVISIONS WITH THREE (3) JUSTICES EACH. • THE FIRST 3 DIVISIONS SHALL BE STATIONED IN THE METRO MANILA AREA, THE 4TH DIVISION SHALL BE IN CEBU CITY FOR CASES COMING FROM THE VISAYAS REGIONS, AND THE 5TH DIVISION SHALL BE IN CAGAYAN DE ORO CITY FOR CASES COMING FROM THE MINDANAO REGIONS. OMBUDSMAN OF THE PHILIPPINES • THE OMBUDSMAN OF THE PHILIPPINES, ALSO KNOWN AS TANODBAYAN NG PILIPINAS, IS AN OMBUDSMAN RESPONSIBLE FOR INVESTIGATING AND PROSECUTING PHILIPPINE GOVERNMENT OFFICIALS ACCUSED OF CRIMES, ESPECIALLY GRAFT AND 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. Name Position Hon. Samuel Martires Tanodbayan (Ombudsman) Hon. Warren Rex H. Liong Over-all Deputy Ombudsman Hon. CornelioL. Somido Deputy Ombudsman for Luzon Hon. Dante F. Vargas Deputy Ombudsman for Visayas Hon. Anderson A. Lo Deputy Ombudsman for Mindanao Deputy Ombudsman for Military Hon. Cyril E. Ramos and Police Hon. Edilberto G. Sandoval Special Prosecutor Ombudsman Samuel R. Martirez July 26,2018 SUPREME COURT • THE SUPREME COURT IS THE HIGHEST COURT IN THE PHILIPPINES. • IT IS THE FINAL COURT THAT DECIDES IN ANY AND ALL JUDICIAL ISSUES. • IT CAN REVIEW, REVISE, REVERSE, MODIFY, OR AFFIRM, FINAL JUDGMENTS AND ORDERS OF THE LOWER COURT. • THE MOST COMMON REASON BY WHICH A CASE REACHES THE SUPREME COURT IS THROUGH AN APPEAL FROM A DECISION RENDERED BY A LOWER COURT. • APPEALED CASES GENERALLY ORIGINATE FROM CASES TRIED IN THE TRIAL COURTS. THE SUPREME COURT DOES NOT ENTERTAIN CASES ORIGINALLY FILED BEFORE IT THAT SHOULD HAVE BEEN FILED FIRST WITH THE TRIAL COURTS. FUNCTIONS OF THE SUPREME COURT THERE ARE TWO CATEGORIES IN THE FUNCTIONS OF THE SUPREME COURT: 1. ADMINISTRATIVE FUNCTION 2. JUDICIAL FUNCTION ADMINISTRATIVE FUNCTIONS • SUPERVISION AND CONTROL OVER THE JUDICIAL BRANCH OF THE GOVERNMENT AND ITS EMPLOYEES. • DECLARE RULES FOR THE ADMISSION INTO THE PRACTICE OF LAW, FOR LEGAL ASSISTANCE TO THE UNDERPRIVILEGED, AND THE PROCEDURAL RULES TO BE OBSERVED IN ALL COURTS THROUGHOUT THE COUNTRY. JUDICIAL FUNCTIONS • SETTLEMENT OF ACTUAL CONTROVERSIES INVOLVING RIGHTS WHICH ARE LEGALLY DEMANDABLE AND ENFORCEABLE. • JUDICIAL REVIEW OR THE POWER OF THE SUPREME COURT TO INQUIRE INTO THE CONSTITUTIONALITY OF THE ACTS OF BOTH THE EXECUTIVE AND LEGISLATIVE BRANCHES COMPOSITION OF SUPREME COURT • AS INDICATED IN ARTICLE VIII OF THE 1987 PHILIPPINE CONSTITUTION, THE SUPREME COURT IS COMPOSED OF ONE (1) CHIEF JUSTICE AND FOURTEEN (14) ASSOCIATE JUSTICES. THE PHILIPPINE PRESIDENT APPOINTS MEMBERS OF THE JUDICIARY FROM A LIST SUBMITTED BY THE JUDICIAL AND BAR COUNCIL WHICH IS UNDER THE SUPERVISION OF THE SUPREME COURT. Chief Justice Alexander G. Gesmundo Justice Estela M. Perlas-Bernabe Justice Marvic Mario Victor F. Leonen Justice Alfredo Benjamin S. Caguioa Justice Ramon Paul L. Hernando Justice Amy C. Lazaro-Javier Justice Henri Jean Paul B. Inting Justice Rodil V. Zalameda Justice Mariano V. Lopez Justice Samuel H. Gaerlan Justice Ricardo R. Rosario Justice Jhosep Y. Lopez Justice Japar B. Dimaampao Justice Jose Midas P. Marquez Justice Antonio T. Kho, Jr. QUALIFICATIONS THE FOLLOWING ARE THE REQUIREMENTS TO BE APPOINTED TO THE SUPREME COURT: • NATURAL-BORN CITIZEN OF THE PHILIPPINES • AT LEAST 50 YEARS OLD AT THE TIME OF APPOINTMENT • MUST HAVE BEEN A JUDGE OF A LOWER COURT OR ENGAGED IN THE PRACTICE OF LAW IN THE COUNTRY FOR 15 YEARS OR MORE • MUST BE A PERSON OF PROVEN COMPETENCE, INTEGRITY, PROBITY AND INDEPENDENCE. TENURE OF SERVICE • THE TERM OF OFFICE OF SUPREME COURT MEMBERS IS NOT FIXED. THEIR TENURE DURING GOOD BEHAVIOR IS UNTIL THEY REACH SEVENTY YEARS OLD OR BECOME INCAPACITATED TO PERFORM THEIR DUTIES. • THEY CAN BE REMOVED FROM THEIR POSITION ONLY THROUGH IMPEACHMENT. III. KATARUNGANG PAMBARANGAY • AS OF JULY 15, 2020, THE OFFICIAL GAZETTE OF THE PHILIPPINE GOVERNMENT MENTIONED UNDER THE TOPIC OF PHILIPPINE JUDICIARY THE EXISTENCE OF KATARUNGANG PAMBARANGAY. THROUGH KATARUNGANG PAMBARANGAY LAW (PRESIDENTIAL DECREE NO. 1508), A SYSTEM OF AMICABLY SETTLING DISPUTES AT THE BARANGAY LEVEL WAS ESTABLISHED. • IT AIMS TO PROMOTE THE SPEEDY ADMINISTRATION OF JUSTICE BY EASING THE CONGESTION OF COURT DOCKETS. THE COURT DOES NOT TAKE COGNIZANCE OF CASES FILED IF THEY ARE NOT FILED FIRST WITH THE KATARUNGANG PAMBARANGAY. ACTIVITY • LOOK FOR THREE WORDS/CONCEPTS THAT ARE RELATED WITH PHILIPPINE JUDICIARY IN THE SEARCH BOX BELOW THEN EXPLAIN EACH WORD BASED ON YOUR UNDERSTANDING. WRITE YOUR ANSWER ON A ½ SHEET OF PAPER.
Introduction to Syrian Personal Status and Family Law: Syrian Legislation and Jurisprudence on Marriage, Divorce, Custody, Guardianship and Adoption for the Purpose of Immigration to the United States: Self-Help Guides to the Law™, #9