PolGov (finals)

• Judicial power


  The power to decide on legal disputes, including the duty of the courts of justice to settle actual controversies
• Judiciaries


  • Responsible for interpreting and applying a country's laws in particular cases
  • Can be invested with the power to strike down laws that it deems unconstitutional
• Independent courts


  • Resolve disputes and administer the law impartially
  • Promote human rights within the "proper limits of the judicial function"
  • Ensure that all people are able to live securely under the rule of law
• Article VIII, section 1 of the 1987 constitution provides that "judicial power shall be vested in one supreme court and in such other courts as may be established by law."
• The Judicial branch


  • One of the 3 independent, coequal, and coordinate branches of the government
  • The independence of the Philippine judiciary is manifested in the creation of the Judicial Bar Council, expanded power of judicial review, fiscal autonomy of the judiciary, power to review proclamation of martial law and suspension of the writ habeas corpus, and security of tenure of the judges
• Scope of judicial power

  • Adjudicating Power - the power to settle legal disputes
  • Power of Judicial Review - the power of supreme court to interpret and make judgments with respect to the law
  • Incidental Powers - Powers necessary for the discharge of judicial functions
• Supreme Court


  The highest court or also known as the court of last resort, composed of a chief justice and 14 associate justices
• Chief Justice

  The 27th Chief Justice of the Philippines, Alexander G. Gesmundo
• Associate Justice


  The Senior Associate Justice of the Supreme Court of the Philippines is Marvic M.V.F. Leonen, and there are 14 associate justices who serve until the age of 70
• Court of Appeals


  The second highest judicial court and primarily exercises appellate jurisdiction over the decisions of the regional trial courts, as well as reviews cases involving the Ombudsman and the Department of Justice and the decisions of government agencies
• The Philippine Court System

  • Regional Trial Court
  • Metropolitan Trial Court
  • Municipal Trial Court
  • Municipal Circuit Trial Courts
  • Municipal Trial Court in Cities
• Regional Trial Court


  Has the power to try civil and criminal cases, as well as appeals from the decisions made by the municipality and city Justice of the Peace courts
• Metropolitan Trial Court


  The first court in metropolitan Manila
• Municipal Trial Court


  A court that sits in some cities and larger towns and that usually has limited civil and criminal jurisdiction over cases arising within the municipality
• Municipal Circuit Trial Courts


  Covers two or more municipalities and encourages and pursues amicable settlement of civil cases and light criminal offenses through mediation and Judicial Dispute Resolution (JDR)
• Municipal Trial Court in Cities


  The first court in every municipal around metropolitan Manila
• Special Courts

  • Shari'a Courts - Court for Islamic Law and Autonomous Regions of Muslim
  • Court of Tax Appeals - Handles taxes
  • Sandiganbayan - Anti-graft court
• Complaint


  When you want to bring someone to the judicial process, you start by filing a criminal complaint
• Prosecutors


  The spokesman for the Government, responsible for starting legal proceedings and then proving in court that the suspect committed the crime
• Inquest


  An investigation done by prosecutors when the person was arrested without a warrant, to determine if there is probable cause to indict the person
• Preliminary Investigation


  Required for criminal cases punishable by jail time of at least 4 years, two months, and one day, to determine if there is probable cause to indict the person
• Indictment


  After inquest or preliminary investigation, prosecutors will issue a resolution containing their findings and either dismiss the complaint or find probable cause to file charges against the person
• Charged


  A person is considered charged when the prosecutors finally file the information before a court
• Warrant of Arrest


  A written document issued by a court, ordering any peace officer to bring the person before the court so that they may be bound to answer for the commission of an offense
• Arraignment


  Where the accused enters their plea, and if they refuse to enter a plea, the court is required to enter a not guilty plea on their behalf
• Trial


  A structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered
• Stages of Criminal Action in Philippine Court

  • Preparing for a Case
  • Preliminary Investigation
  • Filing of Information
  • Arraignment
  • Pre-trial
  • Trial
  • Judgement
  • Appeal
  • Execution
• Life imprisonment


  A sentence where the offender must spend the rest of their life in prison, only for serious crimes
• Reclusion perpetua


  The penalty handed down to inmates who have been convicted of capital crimes as well as what the Republic Act 7659 designates as "heinous crimes"
• Amnesty


  The act of a government "forgetting" about criminal offenses committed by one or a group of persons but under certain conditions
• Pardon


  The use of executive power that exempts the individual to whom it was given from punishment
• Parole


  An inmate may be granted a discharge on parole whenever the board finds that there is a reasonable probability that if released
• Probation


  A court-imposed criminal sentence that, subject to stated conditions and restrictions, releases a convicted criminal defendant into the community instead of confining them to jail or prison