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Judiciary - (also known as the judicial system or 'court system) is the system of courts that interprets and applies

the law
in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of
the separation of powers

 , the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the
legislature) or enforce law (which is the responsibility of the executive), It interprets law and applies it to the
facts of each case.
 This branch of the state is often tasked with ensuring equal justice under law. It usually consists of a court of
final appeal (called the "Supreme court” or "Constitutional court"), together with lower courts.

• Judicial power rests with the Supreme Court and the lower courts, as established by law (Art. VIII, sec. 1 of the
1987 Constitution).

• Its duty is to settle actual controversies involving rights which are legally demandable and enforceable (Art. VIII
Sec. 1 (2)).

KINDS OF COURTS

• LOWER COURTS

• APPELLATE COURTS

• SUPREME COURT

Supreme Court of the Philippines - Kataas-taasang Hukuman ng Pilipinas

• The highest court in the Philippines.

• It has an administrative supervision over all courts and the personnel.

• The Supreme court consists of 14 associate justices and 1 Chief Justice.

POWERS

Rule-Making Power of the Supreme Court

1. Protection and Enforcement of Constitutional Rights

2. Pleading

3. Practice of Law

4. Procedure

5. Admission to the Practice of Law or to the Bar

6. Integrated Bar

General purpose of Integrated Bar

a. To elevate the standards of the legal profession

b. To improve the administration of justice

c. To enable the bar to discharge its public responsibility more effective.

7. Legal Assistance to the Underprivileged


TIME IN MAKING THE DECISION

Maximum Periods for Rendition of Decision

1. Supreme Court – within twenty-four(24) months

2. The Court of Appeals and other collegiate appellate courts- within 12 months unless reduced by the Supreme

Court

3. Lower Court- within 3 months unless reduced by the Supreme Court

REQUIREMENTS OF BECOMING A CHIEF JUSTICE

Justices must have:

• KNOWLEDGE OF THE LAW

• EXCELLENT CHARACTER

1. Constitutional

a. He must be a citizen of the Philippines

b. He must be a member of the Philippine Bar

c. He must be a person of proven competence, integrity, probity and independence

2. Statutory – congress is given the authority to prescribe additional qualification for judges of lower courts.

QUALIFICATIONS PART 2

Administration of Justice

1. Nature – “compared to other public functions and duties, the dispensing of justice, being extremely important,
is both delicate and singular.

2. Character and Fitness of judges – the possession of the legal qualifications prescribed for appointment to the
judiciary and the existence of constitutional safeguards to protect judicial independence are no assurance that
the appointee will discharge the duties of his office impartially, free from all outside pressure and influence.

3. Judicial standards more exacting – there is no place in the judiciary for those who cannot meet the exacting
standards of judicial competence and integrity.

APPOINTMENT

• BY LEGISLATIVE APPOINTMENT

• BY POPULAR ELECTION

• BY EXECUTIVE APPOINTMENT