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Judiciary Of The Philippines
The judiciary of the Philippines consists of the Supreme Court, which is established in the Constitution, and three levels of lower courts, which are established through law by the Congress of the Philippines. The Supreme Court has expansive powers, able to overrule political and administrative decisions, and with the ability to craft rules and law without precedent. It further determines the rules of procedure for lower courts, and its members sit on electoral tribunals. Below the Supreme Court is the Court of Appeals, which also has national scope with different divisions based in different regions of the country. Decisions from this court can only be appealed to the Supreme Court. Below this level are Regional Trial Courts, which are spread throughout the country among judicial regions. Some of these courts are specialized to deal with certain types of cases. Below these courts are the first level Metropolitan and Municipal Trial Courts, which are located in cities and municipal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The Philippines
The Supreme Court (; colloquially referred to as the ' (also used in formal writing), is the highest court in the Philippines. It was established by the Taft Commission on June 11, 1901, through the enactment of Act No. 136, which abolished the Real Audiencia of Manila, the predecessor of the Supreme Court. The Supreme Court compound is located in what was formerly a part of the University of the Philippines Manila campus. It occupies the corner of Padre Faura Street and Taft Avenue in Ermita, Manila, with the main building sited directly in front of Philippine General Hospital's cancer institute. History Early history Prior to the conquest of Spain, the islands of the Philippines were composed of independent barangay state, barangays, each of which is a community composed of 30 to 100 families. Typically, a barangay is headed by a ''datu'' or a local chief who exercises all functions of government: executive, legislative and judicial; he is also the commander-in-chief in time ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Associate Justice Of The Supreme Court Of The Philippines
An associate justice of the Supreme Court () is one of fifteen members of the Supreme Court of the Philippines, Supreme Court, the highest court in the Philippines. The Chief Justice of the Supreme Court of the Philippines, chief justice presides over the high court, but carries only one of the 15 votes in the court. Traditionally, the chief justice is deemed ''primus inter pares'' ("first among equals") among the justices. Until 1973, only men were appointed as Associate Justices to the Court. Cecilia Muñoz-Palma, an appointee of President of the Philippines, President Ferdinand Marcos, was the first woman to sit on the court. Since then, 15 other women have been appointed as Associate Justices of the Supreme Court. The most recent woman to be appointed to the high tribunal is Maria Filomena Singh, a former justice of the Court of Appeals of the Philippines on May 18, 2022. Incumbent associate justices , there are fourteen associate justices on the Supreme Court, with the m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standing (law)
In law, standing or ''locus standi'' is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: * The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. In informal terms, a party must have something to lose. The party has standing because they will be directly harmed by the conditions for which they are asking the court for relief. * The party is not directly harmed by the conditions for which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued exi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Kalikasan
A Writ of Kalikasan is a legal remedy under Philippine law that provides protection of one's constitutional right to a healthy environment, as outlined in Section 16, Article II of the Philippine Constitution, which states that the "state shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature." ''Kalikasan'' is a Filipino word for "nature". The writ is comparable to the writ of amparo and the writ of habeas corpus. In contrast, this writ protects one's right for a healthy environment rather than constitutional rights. The Writ of Kalikasan originated in the Philippines, whereas the two aforementioned writs have roots in European and Latin American law. History Provision for the Writ of Kalikasan was written in 2010 by the Supreme Court of the Philippines under Rule 7 of the Rules of Procedure for Environmental Cases as a Special Civil Action. The Supreme Court under Chief Justice Reynato Puno took th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libel
Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions that are falsifiable, and can extend to concepts that are more abstract than reputationlike dignity and honour. In the English-speaking world, the law of defamation traditionally distinguishes between libel (written, printed, posted online, published in mass media) and slander (oral speech). It is treated as a civil wrong (tort, delict), as a criminal offence, or both. Defamation and related laws can encompass a variety of acts (from general defamation and insultas applicable to every citizen – to specialized provisions covering specific entities and social structures): * Defamation against a legal person in general * Insult against a legal person in general * Acts against public officials * Acts against state insti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amparo And Habeas Data In The Philippines
In the Philippines, ''amparo'' and ''habeas data'' are prerogative writs to supplement the inefficacy of the writ of ''habeas corpus'' (Rule 102, Revised Rules of Court). '' Amparo'' means 'protection,' while ''habeas data'' is 'access to information.' Both writs were conceived to solve the extensive Philippine extrajudicial killings and forced disappearances since 1999. On July 16, 2007, Philippine Chief Justice Reynato S. Puno and Justice Adolfo Azcuna officially declared the legal conception of the Philippine Writ of Amparo ("''Recurso de Amparo''"), at the historic Manila Hotel National Summit on Extrajudicial Killings and Enforced Disappearances. On August 25, 2007, Reynato Puno declared the legal conception of amparo's twin, the supplemental Philippine Habeas Data. Puno by judicial fiat proclaimed the legal birth of these twin peremptory writs in October 2007, as his legacy to the Filipino nation. Puno admitted the inefficacy of Habeas Corpus, under Rule 102, Rules of Co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ
In common law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrant (legal), Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writs, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the Feudalism in England, feudal era, a military summons by the king to one of his tenant-in-chief, tenants-in-chief to appear dressed for battle with retinue at a specific place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General of Canada, Governor General and, in Australia, by the Governor-General of Australia, Governor-General for elections for the House of Representatives, or state gove ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Activism
Judicial activism is a judicial philosophy holding that courts can and should go beyond the applicable law to consider broader societal implications of their decisions. It is sometimes used as an antonym of judicial restraint. The term usually implies that judges make rulings based on their own views rather than on precedent. The definition of judicial activism and the specific decisions that are activist are controversial political issues. The question of judicial activism is closely related to judicial interpretation, statutory interpretation, and separation of powers. Etymology Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 ''Fortune'' magazine article titled "The Supreme Court: 1947". The phrase has been controversial since its beginning. An article by Craig Green, "An Intellectual History of Judicial Activism," is critical of Schlesinger's use of the term; "Schlesinger's original introduction of judicial activism was doubly blurred: no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reclusión Perpetua
( Spanish, from ) is a type of sentence of imprisonment in the Philippines, Argentina, and several other Spanish-speaking countries. Laws by region Philippines In the Philippines, it is one of two severe penalties, the other being life imprisonment, implemented to replace the death penalty and is in legal parlance near-synonymous with life imprisonment. However, there are some important distinctions between the two terms: * Unlike life imprisonment, carries a maximum sentence of 40 years. * is prescribed for crimes punishable by the Revised Penal Code, while life imprisonment is imposed on offenses punishable by special laws. * carries the accessory penalty in which, as defined by Philippine law, the prisoner is barred for life from holding political office. Life imprisonment does not carry this penalty. is the penalty handed down to inmates convicted of a capital crime (in which case they will be ineligible for parole) as well as what the Republic Act 7659 designate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. ''Habeas corpus'' is generally enforced via writ, and accordingly referred to as a writ of ''habeas corpus''. The writ of ''habeas corpus'' is one of what are called the "extraordinary", "common law", or " prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The writ was a legal mechanism that allowed a court to exercise jurisdiction and guarantee the rights of all the Crown's subjects against arbitrary arrest and detention. At common law the burden was usually on the official to prove that a detention was authorized. ''Habeas corpus'' has cert ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
