judicial, lgu

• Judicial branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the constitutional rights of citizens
• Supreme Court can review, revise, reverse, modify, or affirm final judgments and orders of lower courts
• Congress is part of the commission on appointment, which determines the members of the Judicial and Bar Council
• Article VII of the 1987 Philippine Constitution states that judicial power is vested in one Supreme Court and lower courts established by law
• Judicial power includes settling actual controversies involving legally demandable and enforceable rights
• Judicial power is defined as the power to evaluate, interpret, and apply laws
• Judicial Branch is considered the supreme arbiter or judge and mediator of controversies and disputes on law and citizens' rights
• Judicial Branch decides the validity, legality, and constitutionality of newly-approved laws
• Judicial Branch decides on policies contested between the two branches of government
• Judicial system is composed of lower courts and higher courts
• Supreme Court is the highest court in the land, supervises all other cases in the country, and renders judgments on them
• Supreme Court is the final court that decides in any and all judicial issues
• Supreme Court has original jurisdiction to hear a case for the first time, especially cases involving ministers and consuls
• Supreme Court has appellate jurisdiction to review and evaluate decisions made by lower courts, especially in taxation and criminal cases with a penalty of life imprisonment
• Composition of Supreme Court: 1 Chief Justice and 14 Associate Justices
• Qualifications of members of 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
• Court of Appeals is the second-highest court, with jurisdiction over appeals from the decisions of Regional Trial Courts
• Regional Trial Courts are second-level courts divided into thirteen judicial regions, further subdivided into several branches
• Court of Appeals consists of 1 Presiding Justice and 69 Associate Justices grouped into 23 divisions of three justices each
• Municipal Trial Courts have jurisdiction over municipalities or towns
• Municipal Circuit Trial Courts cover two or more municipalities
• Municipal Trial Courts in Cities handle cases of cities from Metro Manila
• Sandiganbayan has exclusive jurisdiction over violations of anti-graft and corruption laws by public officials and employees, with 1 Presiding Justice and 14 Associate Justices
• Court of Tax Appeals hears cases concerning tax collection, with 1 Presiding Justice and 8 Associate Justices
• Local Government Units (LGUs) provide public services such as education, agriculture, health care, and environment & natural resources
• LGUs are the lowest level of territorial organization, directly affecting ordinary citizens
• LGUs are legal entities that provide public service within their jurisdiction
• Territorial and political subdivisions of the Philippines are provinces, cities, municipalities, and barangays, with autonomous regions in Muslim Mindanao and the Cordilleras
• Territorial and political subdivisions enjoy local autonomy
• Republic Act 7160, known as the Local Government Code of the Philippines, was enacted in 1991
• During the Philippine Commonwealth, the President exercised general supervision over all local governments as provided by law
• During Martial Law (1972-1982), President Ferdinand E. Marcos had the power to create, divide, merge, abolish, and alter the boundaries of LGUs, and suspend local elections
• Decentralization involves transferring control to several local offices, giving local government units more powers, authority, responsibilities, and resources
• Local Legislative Power is exercised by Sangguniang Panlalawigan for the province, Sangguniang Panlungsod for the city, Sangguniang Bayan for the municipality, and Sangguniang Barangay for the Barangay
• Presiding Officers are the Vice-Governor for Sangguniang Panlalawigan, City Vice-Mayor for Sangguniang Panlungsod, Municipal Vice-Mayor for Sangguniang Bayan, and Punong Barangay for Sangguniang Barangay; the presiding officer votes only to break a tie
• Supervision:

  • Provincial governments supervise municipal governments in planning, budgeting, and service delivery
• Developmental:

  • Facilitating economic development of municipalities within the jurisdiction of a provincial government
• Environmental:

  • Enforcing laws and ordinances related to the preservation of the environment
• Health:

  • Provincial governments provide tertiary health services in addition to what is provided by each municipality