|
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 municipa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The Philippines
The Supreme Court ( fil, Kataas-taasang Hukuman; colloquially referred to as the ''Korte Suprema'' lso used in formal writing is the highest court in the Philippines. The Supreme Court 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 compound, which sits in what is formerly a part of the University of the Philippines Manila campus, occupies the corner of Padre Faura Street and Taft Avenue in Ermita, Manila, with the main building directly in front of the Philippine General Hospital’s cancer institute. History Pre-hispanic period Prior to the conquest of Spain, the islands of the Philippines were composed of independent barangays, each of which is 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—executiv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cetacea
Cetacea (; , ) is an infraorder of aquatic mammals that includes whales, dolphins, and porpoises. Key characteristics are their fully aquatic lifestyle, streamlined body shape, often large size and exclusively carnivorous diet. They propel themselves through the water with powerful up-and-down movement of their tail which ends in a paddle-like fluke, using their flipper-shaped forelimbs to maneuver. While the majority of cetaceans live in marine environments, a small number exclusively reside in brackish water or fresh water. Having a cosmopolitan distribution, they can be found in some rivers and all of Earth's oceans, and many species inhabit vast ranges where they migrate with the changing of the seasons. Cetaceans are famous for their high intelligence and complex social behaviour as well as for the enormous size of some of the group's members, such as the blue whale which reaches a maximum confirmed length of 29.9 meters (98 feet) and a weight of 173 tonnes (190 short to ... [...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. This is called the "something to lose" doctrine, in which 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 by 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 exis ... [...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 the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Libel
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Histo ... [...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 on October, 2007, as his legacy to the Filipino nation. Puno admitted the inefficacy of Habeas Corpus, under Rule 102, Rules of Cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and ''certiorari'' are common types of writ, 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 feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain 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 and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of every c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Activism
Judicial activism is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its 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: not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reclusión Perpetua
(Spanish, from la, reclusio perpetua, lit=permanent imprisonment) 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 on 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 who have been convicted of capital crimes as well as what the Republic Act 7659 des ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
