QUIZ JUDICIAL DEPARTMENT
問題一覧
1
is “the right to determine actual controversies arising between adverse litigants, duly instituted in courts of proper jurisdiction.” It is “the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violation of such rights.”
Judicial power
2
Section 1 says: “Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.”
judicial power according to the constitution.
3
referred to in Section 1. It must be “grave abuse of discretion amounting to lack or excess of jurisdiction.” As Simon vs. Civil Service Commission, 215 SCRA 410, 416-417, 1992, put it: “By grave abuse of discretion is meant such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction. The abuse of discretion must be patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility.”
Meaning of “abuse of discretion”
4
is the highest court in the Philippines. It was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the Real Audiencia de Manila, the predecessor of the Supreme Court.
The supreme court
5
The power to settle legal disputes
Adjudicating Power
6
Refers to the power of the Supreme Court to interpret and make judgments with respect to the law
Power of Judicial Review
7
Powers necessary for the discharge
of the judicial function
Incidental Powers
8
the Supreme court may sit and hear cases en banc or in divisions of three (3), five (5), or seven (7) members. (Section 4[1].) It is now the Supreme Court that decides whether or not it will sit in divisions. The quorum of the Supreme Court when sitting en banc is eight (8). Hence, the votes of five (5) are sufficient for rendering a decision on all cases required to be heard en banc provided they actually took part in the deliberations on the issues in the case.
En banc or in divisions
9
on the basis of fifteen (15) members, the number of divisions will be five (5), composed of the three (3) members; three (3), composed of five (5) members each; or two (2), meeting separately. In case of two (2) divisions, one division, and seven (7) in the other. The difference sizes of the divisions would indicate the relative importance of the case being heard.
Number of divisions
10
by sitting in divisions, the Supreme Court increases its capacity to dispose of cases pending before it. The decision of a division is the decision of the Supreme Court itself. Although a doctrine or principle of law rendered en banc or in division may be modified or reversed only by the court sitting en banc (Section 4[3].), there is always the possibility that each of the three (3) divisions may render inconsistent decisions.
Decisions of division/s
11
Under Article VIII, Section 1, the judicial power shall be vested in one Supreme Court and in such lower courts as may be provided by law. This power includes the duty to settle actual controversies involving rights that are legally demandable and enforceable and to determine if any branch or instrumentality of government has acted with grave abuse of discretion
amounting to lack of excess of jurisdiction.
- The Supreme Court has both original and appellate jurisdiction. It exercises original jurisdiction (cases are directly filed with the SC in the first instance without passing through any of the lower courts) over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus. (Art. VIII, Section 5(1)). It also has original jurisdiction over writs of amparo, habeas data and the environmental writ of kalikasan.
Judicial Power and Jurisdiction
12
is a writ or order issued by a superior court to an inferior tribunal or an officer exercising judicial function in order to correct the act or acts of the latter when same are done without or in excess of jurisdiction or with grave abuse of discretion and that the aggrieved party has no other plain, speedy and adequate remedy
Certiorari
13
is also a judicial order the purpose of which is to prevent the carrying out or commission of an act by an inferior tribunal or person exercising judicial or non- judicial functions.
Prohibition
14
is likewise a judicial order similar to the foregoing but the purpose is to compel the performance of an act by an inferior tribunal or person.
Mandamus
15
it is proceeding is one brought in the name of the Republic of the Philippines when there is usurpation of public office or franchise and the usurper or holder of such public office or franchise is not legally entitled thereto. (Rule 65, Rules of Court.)
Quo warranto
16
Its petition is available to a person who is unlawfully deprived of his freedom and results in such person being brought up to court by the detention officer in order that the legality and illegality of the detention shall be determined.
Habeas corpus
17
It is a Both the 1973 and 1987 Constitution contain provisions on the present anti-graft court. It has jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in government-owned or controlled corporations, in relation to their office as may be determined by law.
The sandiganbayan
18
was created on June 16, 1954, through the enactment of Republic Act No. 1125 (R.A. 1125). Its jurisdiction and composition have been increased with passage of several legislations. With the enactment of Republic Act (R.A.) No. 9282 on April 23, 2004, the CTA became an appellate Court, equal in rank to the Court of Appeals. The composition of the Court increased to six (6) Justices with one (1) Presiding Justice and five (5) Associate Justices.
- R.A. No. 9503 took effect on July 5, 2008, which further enlarged the organizational structure of the CTA. The CTA is now composed of one (1) Presiding Justice and eight (8) Associate Justices. The CTA may sit en banc or in three (3) divisions with each division consisting of three (3) Justices. A decision of a division of the CTA may be appealed to the CTA En Banc, and the latter's decision may further be appealed by verified petition for certiorari to the Supreme Court.
The court of Tax Appeals
19
Regional Trial Courts are also known as ____________ which were established among the thirteen Judicial regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR). There are as many Regional Trial Courts in each region as the law mandates.
- RTCs were formerly called as the Court of First Instance since the Spanish era. It was only in the Judiciary Reorganization Act of 1980 that its name was changed from being called the Court of First Instance to Regional Trial Court.
Second Level Courts,
20
Each city and municipality in the Philippines has its own trial court. These First Level Courts are more commonly referred to as Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial Courts (MCTC).
First Level Courts
21
are equivalent to the Regional Trial Courts in rank, which were established in certain provinces in Mindanao where the Muslim Code on Personal Laws is being enforced
The Shari'a District & Circuit Courts
22
the salary of the members of the Supreme Court and of judges of lower courts shall be fixed by law. Until Congress shall provide otherwise, the initial annual salary of the Chief Justice is P240,000 and each Associate Justice, P204,000 (Article XVIII, Section 17.) After Congress has fixed the compensation of any of them, it may not reduce the same during his incumbency;
Prohibition against reduction
23
the purpose is not to benefit the judges but to attract good and competent men to the bench and to promote their independence of action and judgment.
Purpose of the prohibition
24
pleading is a formal statement of the cause of an action or defense.
PLEADING – IN LAW
25
is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail.
Brief
26
A "memorandum of law" may be prepared by an attorney to support a legal argument, which is similar to a brief but with less attention to legal writing formalities.
MEMORANDUM
QUIZ LEGISLATIVE DEPARTMENT
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Angela Robles · 32問 · 1年前QUIZ LEGISLATIVE DEPARTMENT
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32問 • 1年前QUIZ EXECUTIVE DEPARTMENT
QUIZ EXECUTIVE DEPARTMENT
Angela Robles · 33問 · 1年前QUIZ EXECUTIVE DEPARTMENT
QUIZ EXECUTIVE DEPARTMENT
33問 • 1年前問題一覧
1
is “the right to determine actual controversies arising between adverse litigants, duly instituted in courts of proper jurisdiction.” It is “the authority to settle justiciable controversies or disputes involving rights that are enforceable and demandable before the courts of justice or the redress of wrongs for violation of such rights.”
Judicial power
2
Section 1 says: “Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.”
judicial power according to the constitution.
3
referred to in Section 1. It must be “grave abuse of discretion amounting to lack or excess of jurisdiction.” As Simon vs. Civil Service Commission, 215 SCRA 410, 416-417, 1992, put it: “By grave abuse of discretion is meant such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction. The abuse of discretion must be patent and gross as to amount to an evasion of positive duty or a virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility.”
Meaning of “abuse of discretion”
4
is the highest court in the Philippines. It was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the Real Audiencia de Manila, the predecessor of the Supreme Court.
The supreme court
5
The power to settle legal disputes
Adjudicating Power
6
Refers to the power of the Supreme Court to interpret and make judgments with respect to the law
Power of Judicial Review
7
Powers necessary for the discharge
of the judicial function
Incidental Powers
8
the Supreme court may sit and hear cases en banc or in divisions of three (3), five (5), or seven (7) members. (Section 4[1].) It is now the Supreme Court that decides whether or not it will sit in divisions. The quorum of the Supreme Court when sitting en banc is eight (8). Hence, the votes of five (5) are sufficient for rendering a decision on all cases required to be heard en banc provided they actually took part in the deliberations on the issues in the case.
En banc or in divisions
9
on the basis of fifteen (15) members, the number of divisions will be five (5), composed of the three (3) members; three (3), composed of five (5) members each; or two (2), meeting separately. In case of two (2) divisions, one division, and seven (7) in the other. The difference sizes of the divisions would indicate the relative importance of the case being heard.
Number of divisions
10
by sitting in divisions, the Supreme Court increases its capacity to dispose of cases pending before it. The decision of a division is the decision of the Supreme Court itself. Although a doctrine or principle of law rendered en banc or in division may be modified or reversed only by the court sitting en banc (Section 4[3].), there is always the possibility that each of the three (3) divisions may render inconsistent decisions.
Decisions of division/s
11
Under Article VIII, Section 1, the judicial power shall be vested in one Supreme Court and in such lower courts as may be provided by law. This power includes the duty to settle actual controversies involving rights that are legally demandable and enforceable and to determine if any branch or instrumentality of government has acted with grave abuse of discretion
amounting to lack of excess of jurisdiction.
- The Supreme Court has both original and appellate jurisdiction. It exercises original jurisdiction (cases are directly filed with the SC in the first instance without passing through any of the lower courts) over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus. (Art. VIII, Section 5(1)). It also has original jurisdiction over writs of amparo, habeas data and the environmental writ of kalikasan.
Judicial Power and Jurisdiction
12
is a writ or order issued by a superior court to an inferior tribunal or an officer exercising judicial function in order to correct the act or acts of the latter when same are done without or in excess of jurisdiction or with grave abuse of discretion and that the aggrieved party has no other plain, speedy and adequate remedy
Certiorari
13
is also a judicial order the purpose of which is to prevent the carrying out or commission of an act by an inferior tribunal or person exercising judicial or non- judicial functions.
Prohibition
14
is likewise a judicial order similar to the foregoing but the purpose is to compel the performance of an act by an inferior tribunal or person.
Mandamus
15
it is proceeding is one brought in the name of the Republic of the Philippines when there is usurpation of public office or franchise and the usurper or holder of such public office or franchise is not legally entitled thereto. (Rule 65, Rules of Court.)
Quo warranto
16
Its petition is available to a person who is unlawfully deprived of his freedom and results in such person being brought up to court by the detention officer in order that the legality and illegality of the detention shall be determined.
Habeas corpus
17
It is a Both the 1973 and 1987 Constitution contain provisions on the present anti-graft court. It has jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in government-owned or controlled corporations, in relation to their office as may be determined by law.
The sandiganbayan
18
was created on June 16, 1954, through the enactment of Republic Act No. 1125 (R.A. 1125). Its jurisdiction and composition have been increased with passage of several legislations. With the enactment of Republic Act (R.A.) No. 9282 on April 23, 2004, the CTA became an appellate Court, equal in rank to the Court of Appeals. The composition of the Court increased to six (6) Justices with one (1) Presiding Justice and five (5) Associate Justices.
- R.A. No. 9503 took effect on July 5, 2008, which further enlarged the organizational structure of the CTA. The CTA is now composed of one (1) Presiding Justice and eight (8) Associate Justices. The CTA may sit en banc or in three (3) divisions with each division consisting of three (3) Justices. A decision of a division of the CTA may be appealed to the CTA En Banc, and the latter's decision may further be appealed by verified petition for certiorari to the Supreme Court.
The court of Tax Appeals
19
Regional Trial Courts are also known as ____________ which were established among the thirteen Judicial regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR). There are as many Regional Trial Courts in each region as the law mandates.
- RTCs were formerly called as the Court of First Instance since the Spanish era. It was only in the Judiciary Reorganization Act of 1980 that its name was changed from being called the Court of First Instance to Regional Trial Court.
Second Level Courts,
20
Each city and municipality in the Philippines has its own trial court. These First Level Courts are more commonly referred to as Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial Courts (MCTC).
First Level Courts
21
are equivalent to the Regional Trial Courts in rank, which were established in certain provinces in Mindanao where the Muslim Code on Personal Laws is being enforced
The Shari'a District & Circuit Courts
22
the salary of the members of the Supreme Court and of judges of lower courts shall be fixed by law. Until Congress shall provide otherwise, the initial annual salary of the Chief Justice is P240,000 and each Associate Justice, P204,000 (Article XVIII, Section 17.) After Congress has fixed the compensation of any of them, it may not reduce the same during his incumbency;
Prohibition against reduction
23
the purpose is not to benefit the judges but to attract good and competent men to the bench and to promote their independence of action and judgment.
Purpose of the prohibition
24
pleading is a formal statement of the cause of an action or defense.
PLEADING – IN LAW
25
is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail.
Brief
26
A "memorandum of law" may be prepared by an attorney to support a legal argument, which is similar to a brief but with less attention to legal writing formalities.
MEMORANDUM