Legal Answers

Brief Answers to Specific Questions about Philippine Law

What are the mandatory periods within which courts must resolve filed cases?

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What are the mandatory periods within which courts must resolve filed cases? To prevent the unreasonable delay of justice, the constitution imposes strict deadlines for resolving cases. All cases or matters filed after the effectivity of the Constitution must be decided or resolved within twenty-four months from the date of submission for the Supreme Court. […]

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What specific duties are included under the scope of judicial power?

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What specific duties are included under the scope of judicial power? Judicial power broadly encompasses the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable. Furthermore, it includes the critical responsibility to determine whether or not there has been a grave abuse of discretion on the

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What are the constitutional qualifications required to be a Member of the Supreme Court?

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What are the constitutional qualifications required to be a Member of the Supreme Court? The constitution sets stringent criteria to ensure that only highly qualified individuals reach the highest court. No person shall be appointed Member of the Supreme Court unless he is a natural-born citizen of the Philippines. Furthermore, the candidate must be at

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Who holds the power to define the jurisdiction of courts, and what is its limitation?

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Who holds the power to define the jurisdiction of courts, and what is its limitation? The Congress is granted the constitutional power to define, prescribe, and apportion the jurisdiction of various courts throughout the country. However, this legislative power is subject to a significant limitation regarding the highest court of the land. Specifically, Congress may

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What are the mandatory requirements for individuals appointed as judges of lower courts?

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What are the mandatory requirements for individuals appointed as judges of lower courts? The qualifications for lower court judges are primarily prescribed by Congress, but the constitution sets an absolute baseline. No person may be appointed as a judge of a lower court unless he is a citizen of the Philippines and a member of

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Can the legislature freely reorganize the Judiciary through new laws?

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Can the legislature freely reorganize the Judiciary through new laws? Congress possesses the authority to pass laws concerning the structure of the judicial branch, but it cannot reorganize the Judiciary at will. The constitution strictly protects the judiciary’s independence by ensuring that legislative reorganizations do not compromise judicial tenure. Therefore, no law shall be passed

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Who are the members composing the Judicial and Bar Council?

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Who are the members composing the Judicial and Bar Council? The Judicial and Bar Council is a constitutionally created body tasked with an essential role in the appointment of judges. It is composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the Congress as ex officio Members.

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How does the constitution ensure the fiscal autonomy of the Judiciary?

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How does the constitution ensure the fiscal autonomy of the Judiciary? Fiscal autonomy guarantees that the Judiciary operates with financial independence from the other branches of government. To ensure this, the constitution mandates that appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year. Once these

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What is the strict timeframe for filling a vacancy in the Supreme Court?

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What is the strict timeframe for filling a vacancy in the Supreme Court? The constitution provides a strict timeline to ensure that the Supreme Court remains fully functioning and fully staffed. Whenever a vacancy occurs in the Supreme Court, the President is obligated to appoint a new magistrate promptly. Specifically, any vacancy shall be filled

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