Branches of the Government
The Philippines is a republic with a presidential form of government wherein power is equally divided among its three branches: executive, legislative, and judicial.
The Legislative branch is authorized to make laws, alter, and repeal them through the power vested in the Philippine Congress. This institution is divided into the Senate and the House of Representatives.
The Executive
branch carries out laws. It is composed of the President and the Vice
President who are elected by direct popular vote and serve a term of six years.
The Constitution grants the President authority to appoint his Cabinet. These
departments form a large portion of the country’s bureaucracy.
The Judicial branch evaluates laws. It holds the power to settle controversies involving rights that are legally demandable and enforceable. This branch determines whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part and instrumentality of the government. It is made up of a Supreme Court and lower courts. (retrieved from: https://pia.gov.ph/branches-of-govt)
Watch and Subscribe
_________________________________________________________________
Judiciary Define
Ayson & Reyes (1993), the judiciary is the branch of government which interprets the law of the state and upon which devolves the application of the law for the settlement of conflicts arising from the relations between persons and between government and persons.
The judicial branch of government is known the guardian of the Constitution. It protects the liberties and freedoms written in the Constitution. It ascertains and decides rights, punishes crimes, administers justice, and protects innocent individuals from injury, usurpation, and other wrongful acts
Judicial Review
It is the power of the Judicial Branch of government, to determine the validity of executive and legislative acts, if it is in accordance with the Constitution. This is known as an expression of supremacy of Constitution.
Justiciable question can be entertained by the court. It is a given right, legally demandable and enforceable, an act or omission violative of such right, and a remedy granted by law for said breach of right. However, political questions are questions of policy. They involve the wisdom of an act or the efficacy or the necessity of a particular measure. These are questions which are better left for the political branches of the government to determine or resolve. For instance, recall a mode a mode of removing a local official from his post even before his term ends due to lack of confidence. It is a political question which cannot be intruded by the courts.
Qualifications and Hierarchy of Courts
The general qualification cited on the constitution, “proven competence, integrity, probity and independence. In addition, based on the hierarchy of courts are the following
Justices of the Supreme Court (1) Natural-born citizen; (2) At least 40 years of age; (3) 15 years or more a judge of a lower court or has been engaged in the practice of law in the Philippines for the same period
Justices of the Court of Appeals (1) Same qualifications as those provided for SC Justices, and; (2) Congress may prescribe other qualifications
Reginal Trial Court Judges (1) Citizen of the Philippines; (2) At least 35 years of age; (3) Has been engaged in the practice of law for at least 5 years or has held public office in the Philippines requiring admission to the practice of law as an indispensable requisite
Municipal Trial Court Judges (1) Citizens of the Philippines; (2) At least 30 years of age; (3) Has been engaged in the practice of law for at least 5 years or has held public office in the Philippines requiring admission to the practice of law as an indispensable requisite.
Judicial
power rests with the Supreme Court and the lower courts, as established by law
(Art. VIII, sec. 1 of the 1987 Constitution). Its duty is to settle actual
controversies involving rights which are legally demandable and enforceable
(Art. VIII Sec. 1 (2)).
The judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by the Legislature below the appropriated amount the previous year (Art. VIII, Sec. 3).
Please, visit this link for the history of the Judiciary: https://sc.judiciary.gov.ph/387
SOURCES