The Philippine Justice System is known to be one of the “slowest” if not the slowest in
the world. Yes, it is embarrassing. But before we dig deeper into that context, let us have a look
at the background of the Philippine Justice System first.
During the Spanish Regime, there was this so-called “Royal Audencia”. It consists of
the president, four oidores (justices) and a fiscal. Both administrative and judicial functions
were exercised by the audencia. In 1861, it became solely a judicial body through a royal
decree. The Malolos Constitution was ratified in 1899. It then established the Supreme Court
of Justice. However, due to the Philippines-American War the Supreme Court never came to
existence. During the American regime, the audencias were abolished and replaced by a
judicial system patterned after the United States’. A Supreme Court was also established where
in Cayetano Arellano was the appointed Chief Justice. On November 15, 1935, The Supreme
Court was Filipinized upon the inauguration of the Commonwealth. The composition of the
court was then lessened. During World War II, emergency powers were granted to President
Manuel L. Quezon. A Second Republic was established on October 1943 by the Philippines
Executive Commission who were organized by the Japanese. At the end of World War II, a
new Supreme Court was established on June 1945. The laws of the Second Republic were then
declared null and void. There were a few exemptions to the 1935
Taft recommended that there be a civil government created within the Philippines, comprised of an elected legislative assembly. Under his administration, Taft was able to negotiate with congress to pass a bill that included a governor, an independent judiciary, and the legislative assembly.
Over the time the Supreme Court gained the power. The Judiciary is the system of courts, but it is also a “process”. As the historic circumstances were changing the Judiciary had to adapt too. In the last fifty years there were two judicial revolutions that increased the power of the Court. The first one was in the area of civil rights when the Court liberalized many public policies. In the second revolution the Judiciary
Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.
The Supreme Court was established in 1789, with its powers stated in Article III of the newly-ratified United States Constitution. In the years leading up to the Marshall era, the Court was little more than a shadow of its future self. It lacked both the prestige and authority of the latter 19th century. John Jay–and his successors, Rutledge and Ellsworth–oversaw few cases, and ever fewer significant ones. Often cited as an example of the early Court’s inefficiency, their most
What- Established the Supreme Court that had a chief justice and five associates. Also created federal district courts and
Philippines he was offered two positions as Chief Justice which he turned down in order to
It was established during the court case of Marbury vs. Madison 1803 when people were denied jobs because their papers weren’t distributed. William Marbury went to directly to the U.S. Supreme Court, stating that according to the Judiciary Act of 1789, he had every right to have that job. It was eventually declared unconstitutional, due to the fact that it tried to enlarge the original jurisdiction of the Supreme Court than what was permitted in the constitution. During that sme court case, the Supreme Court ruled that Congress may not pass any laws that interfere with the constitution and it is the job of the Judicial branch to review those laws and interpret what is stated in the constitution.
When Adams lost the election, he lost control over the federalist courts. Soon after that, the judicial act of 1807 was established. The mighty judge was William Marbury. William Marbury had debated with James Madison. Marbury lost the debate. This was the Supreme Court first time where they stuck down a law as unconstitutional for judicial review.
The Federalists were able to pass many laws as they were exiting office one of which was the Judiciary Act, which created many judgeships and judicial offices.
The fourth provision I found was Article VI, The Judiciary. This article gives the state judicial power. Article six is comprised of six sections outlining judicial power, the Supreme Court, the appointment of justices and judges as well as qualifications for appointment to the office. Article VI also goes on to outline retirement, removal, and discipline of judges and justices as well as the administration of the state courts.
1. The Judiciary act of 1859 established: A) judgeships for circuit courts, B) pensions for judges
After the Revolutionary war, Congress set up three departments, State, Treasury and War. The Judiciary Act of 1789 let congress establish a federal court system with 13 district courts and 3 circuit courts to serve the nation. The supreme court would be the final authority on many issues with John Jay as chief justice. Congress passed 12 amendments, 10 of which were ratified as the bill of rights.
In 1789, the final draft of the constitution of the United States came into effect. In article three it calls for "[t]he judicial Power of the United States, shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." In the article it neither says the duties, powers, or any organization of the supreme court. If left this up to congress and to the justices of the court itself for these details.
Looking back to the previous government systems in different periods in Philippine history, we can see that our present government system is somehow shaped and patterned from the previous systems that prevailed in our country. Pre – historically we have seen how they established their government and basically, we can say that it is far more primitive than the present system that we have. However, the basic principles like the consultation of the datus to the elders can somehow be seen in the present by the presence of political advisers where our president consults aside from the members of the senate and the congress. The barangay system
When talking about Philippine Administrative System, first thing that comes to mind is about the government and its political divisions in the country. It is about the nations’s political hierarchy such as the central government, provinces, municipalities and barangay. However, these divisions and subdivisions can be attributed to our past history. It is not a plant that simply blooms from nowhere. The Philippine Administrative System is dynamic, shaped and evolved through time. From Spanish colonial period to the present administration, the mode of bureacracy is adopted, patterned and improved depending on the needs and wants of the administration. Needs, in terms of the welfare of the society. Wants,