The Court Pillar Flashcards
A court is a boud to which the public administration of justice is delegated
Meaning of Court
The Roles of the Court in the System
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- To settle actual controversies involving rights which are legally demandable and enforceable.
- To determine whether there has been grave abuse of discretion amounting to lack of excess of jurisdiction on the part of any branch or instrumentality of the government.
- To render authoritative judgments.
- The final arbiter for justice.
- The frontline of Democracy, freedom and human dignity.
The Roles of the Court in the System
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- The only institution capable of identifying and maintaining the proper balance between the conflicting rights of the individual and those of the state and society.
- It is to the court that everyone turns to for justice.
- It is twisted as a shield of innocence in the impartial guardian of every private civil rights.
- It is in the court that our citizens primarily feel the keen cutting edge of the law.
- The only constitution capable of identifying and maintaining the proper balance between the conflicting rights of the state and society.
In the criminal justice system the court is looked up as
- the final arbiter for justice;
- the front line defender of democracy, freedom and human dignity;
- the only institution capable of identifying and maintaining the proper balance between the conflicting rights of the individual and those of the state and society; and
- it is to the courts that everyone turn to for justice.
Three Important Function of Courts
- Resolve disputes that while offer routine are crucial to those involved
- Provide protection from illegal actions by government and individuals
- Occasionally resolve disputes of great political and social significance
A [blank] is public officer so named in his commission and appointed to preside over and to administer the law in a court of justice
Judge
Court and Judge Distinguished
A court is an incorporeal entity composed of one or more judges. It is a personality separate and distinct from the men who compose it.
What is Judicial Power
“Judicial power shall be vested in the Supreme Court and in such inferior courts as may be established by law.”
Art. VIII Sec. 1 Philippine Constitution
Different Lower Courts
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- Court of Appeals
- Regional Trial Court
- Metropolitan Trial Court
- Municipal Trial Courts
- Municipal Circuit Trial Courts
- Court of Tax Appeals
- Sandiganbayan
The authority by which courts take cognizance of and decide cases, the legal right by which judges exercise their authority. Inherent power of a court to hear, try and decide a case.
Jurisdiction
When it is empowered to decide all disputes which may come before it, except those designated to other courts.
Jurisdiction of Courts
General
When it has authority to hear and determine only a few specified cases.
Jurisdiction of Courts
Limited
Jurisdiction of Courts
When it can try and decide a case presented for the first time
Jurisdiction of Courts
Original
When it can take a case already heard and decided by a lower court removed from it by appeal
Jurisdiction of Courts
Appellate
When it can try and decide a case which cannot be presented before any court
Jurisdiction of Courts
Exclusive
When any one of two or more courts may take cognizance of a case
Jurisdiction of Courts
Concurrent
That which exists for the punishment of crime
Jurisdiction of Courts
Criminal
That which exists when the subject matter is not of a criminal case
Jurisdiction of Courts
Civil
The Philippine Judicial System consists of a hierarchy of courts resembling a pyramid with the Supreme Court at the apex.
Regular Courts
This operates in ten divisions, each comprising of five (5) members. The court sits en banc only to exercise administrative, ceremonial, or other non-adjudicatory functions.
Orgnaization of Courts, Regular Courts
Intermediate Appeallate Court
One which is presided by 720 Regional Trial Court Judges in each of the thirteen (13) regions of the country.
Organization of Courts, Regular Courts
Regional Trial Courts
a municipal circuit comprising of one or more cities and/or one or more municipalities grouped together according to law.
Organization of Courts, Regular Courts
Metropolitan Trial Courts
Created under Republic Act No. 1125, as amended, this special court has exclusive appellate jurisdiction to review on appeal the decisions of the Bureau of Internal Revenue involving internal revenue taxes and decisions of the Commissioner of Customs involving customs duties.
Organization of Courts, Special Courts
Court of Tax Appeals
The 1973 Constitution provided that the Sandiganbayan “shall have jurisdiction over civil and criminal cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those government-owned or controlled corporations, in relation to their office as may be determined by law.”
Organization of Courts, Special Courts
Sandiganbayan
