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3.

REGULAR COURTS-

> It refers to civil courts as opposed to military courts


> Military  courts  cannot  try  and  exercise  jurisdiction  over  civilians for  offenses  allegedly 
committed  by  them  as  long  as  civil  courts are open and functioning

PHILIPPINE COURT SYSTEM 

Review Courts

Supreme Court

Court of Appeals

Trial Courts

Regional Trial Court

Provincial Regional Trial Court

Metro Manila Regional Trial Court

Metropolitan Trial Court

Municipal Trial Court

Municipal Circuit Trial Court

Special Courts

Court of Tax Appeals

Sandiganbayan

4. Special Courts-
Bodies within the judicial branch of government that generally address only one area of law or h
ave specifically defined powers.

-Shari’a District Courts

-Shari’a Circuit Courts

5. quasi- judicial bodies- an individual or organisation which has powers resembling those of a court
of law or judge and is able to remedy a situation or impose legal penalties on a person or organisation.
6. Jurisdiction-
the right, power, or authority to administer justice by hearing anddetermining controversies.

7. general jurisdiction-  refers to a court that holds the authority to hear all types of cases except those
prohibited by the laws in that state. Case types include civil, criminal, family, probate, and others.

8. Limited jurisdiction is the power of a court to hear only certain types of cases, or those in which the
amount in controversy is below a certain sum or that is subject to exceptions. Within the U.S., most
courts are courts of limited jurisdiction.

9. original jurisdiction-
The authority of a tribunal to entertain a lawsuit, try it, and set forth a judgment on the law an
d facts.

10. APPELLATE JURISDICTION. The jurisdiction which a superior court has to bear
appeals of causes which have been triedin inferior courts.

11. Exclusive jurisdiction refers to power of a court to adjudicate a case to the exclusion of all other
courts. It is the sole forum for determination of a particular type of case. Exclusive jurisdiction is
decided on the basis of the subject matter dealt with by a particular court.

12. Concurrent jurisdiction is the ability to exercise judicial review by different courts at the same time,
within the same territory, and over the same subject matter. For instance, a domestic violence matter
may be heard in either a general civil court or a family court in the same county.

13. Criminal jurisdiction is a term used in constitutional law and public law to describe the power of
courts to hear a case brought by a state accusing a defendant of the commission of a crime.

14. Civil jurisdiction involves the authority a particular court may have to hear the facts of a civil matter,
apply the law, and render judgment.

17. Certiorari is an order a higher court issues in order to review the decision and proceedings in a lower
court and determine whether there were any irregularities.

18. Prohibition is an order directed to the judge and parties of a suit in a lower court, ordering the
court not to exercise jurisdiction in a particular case.

19. Mandamus-
A writ or order that is issued from a court of superior jurisdiction that commands an inferior tri
bunal,corporation, MunicipalCorporation, or individual to perform, or refrain from performing, a 
particular act, the performance oromission of which is required by law as an obligation.
20. Quo Warranto

A  legal  proceeding  during  which  an  individual's  right  to  hold  an  office  or  governmental  privilege  is  ch
allenged.

21. Competitive positions require that the candidate for a position meet specific minimum
qualifications, have taken, passed, and are found to be reachable on a civil service examination eligible
list. There are occasions when an eligible list does not exist and a person is hired as a "provisional" basis
pending the examination process.

Positions in the competitive class include almost all of our professional, paraprofessional, secretarial and
clerical positions.

22. Non-competitive positions require that candidates meet specific minimum qualifications.

Positions in the non-competitive class include carpenters, plumbers, maintenance assistants, research
scientists, artist designers and laboratory equipment designers. These positions are characterized by the
determination that it is not practicable to conduct competitive examination to fill the positions.

26. Political neutrality

Persons working in the State services (State servants) are required to act in the course of their duties in
a politically neutral manner.  This includes the requirement to act impartially and to implement the
Government's policies.

28.
a penalty applied by a judge to a defendant convicted of a crime, which the judge provides will no
t been
forced (is suspended) if the defendant performs certain services, makes restitution to persons h
armed, stays out oftrouble, or meets other conditions. Should the sentenced party fail to follow t
hese requirements, then the suspended sentence may be enforced.

32. A political party is defined as an organised group of people with at least roughly similar political aims
and opinions, that seeks to influence public policy by getting its candidates elected to public office.

33. the election period shall commence ninety days before the day of the election and shall end thirty
days thereafter.

34. The period of campaign shall be as follows:

1. Presidential and Vice-Presidential Election - 90 days;

2. Election of Members of the Batasang Pambansa and Local Election - 45 days; and

3. Barangay Election - 15 days.


The campaign periods shall not include the day before and the day of the election. However, in case of
special elections under Article VIII, Section 5, Subsection (2) of the Constitution, the campaign period
shall be forty-five days.

35. Officially local government in the Philippines, often called local government units or LGUs, are
divided into three levels – provinces and independent cities; component cities and municipalities;
and barangays.

36. Local autonomy is the exercise of certain basic powers, i.e. police power, power of eminent domain,
and taxing power, by local government units so as to best serve the interest and promote the general
well being of their inhabitants.

37. decentralization - Transfer of decision making power and assignment of accountability and
responsibility for results. It is accompanied by delegation of commensurate authority to individuals or
units at all levels of an organization even those far removed from headquarters or other centers of
power.

38. Recall refers to the removal of a public officer by the people before the end of his term of office. It is
an incident of the sovereign power of the people and is implied in all governmental operations. It is
frequently described as a fundamental right of the people in a representative democracy. Through
recall, the people divest an elective public official of the right to continue holding his office. The
subsequent vacancy in the office will then be filled in through a special election on recall.

41. "Plebiscite" is the electoral process by which an initiative on the Constitution is approved or
rejected by the people.

42. public office- an office created by a constitution or legislative act, having a definite
tenure, and involving the power to carry out some governmental function

43 Impeachment is a process of national inquest into the conduct of public officials and the bringing of
charges against them for misconduct in office.

While the process of impeachment has the elements of a criminal process, it is basically a political process
designed to deal with the misconduct by high public officers. The political aspect of this process stems from
the fact that the participants (ie. senator judges, prosecutors) are not ordinary citizens acting as judges but
rather are elected officials who serve by virtue of their positions and not because they have been selected
by the courts to serve in judgment.

44.  Culpable violation of the Constitution

It is the deliberate and wrongful breach of the Constitution. Violation of the Constitution made
unintentionally, in good faith, and mere mistakes in the proper construction of the Constitution do not
constitute and impeachable offense.
45. Direct bribery - It is committed by any public officer who shall agree to perform an act constituting a crime, in
connection with the performance of this official duties, in consideration of any offer, promise, gift or present received
by such officer, personally or through the mediation of another.

46. Indirect bribery. -It is committed by a public officer when he accept gifts offered to him by reason of his office.

47. Prescription,in general, is a mode of acquiring (or losing) ownership and other real rights
through the lapse of time in the manner and under conditions laid down by law, namely, that the
possession should be in the concept of an owner, public, peaceful, uninterrupted and adverse.

48. Laches – the failure or neglect, for an unreasonable and unexplained length of time, to do
that which by exercising due diligence could or should have been done earlier; it is negligence or
omission to assert a right within a reasonable time, warranting a presumption that the party
entitled to assert it either has abandoned it or declined to assert it. Delay in asserting the
complainant’s rights. Laches is concerned with the effect of delay. Laches is principally a
question of inequity of permitting a claim to be enforced, this inequity being founded on some
change in the condition of the property of the relation of the parties, apply in equity are not based
on fixed time.

49. Estoppel is a common law doctrine which, when it applies, prevents a litigant from denying the
truth of what was said or done.[1] The doctrine of estoppel by deed (also known as after-acquired
title) is a particular estoppel doctrine in the context of real property transfers. Under the doctrine, the
grantor of a deed (generally the seller of a piece of real property) is estopped (barred) from denying
the truth of the deed. The doctrine may only be invoked in a suit arising out of the deed, or involving
a particular right arising out of the deed.[2]

50. A national economy refers to the entire structure of economic life in a country. It


encompasses all the activities relating to or concerned with the production, distribution and
consumption of goods and services and what are called “factors of production”.
51.

52. Alienable and Disposable lands - Lands of the public domain classified as agricultural that may
be acquired through grant or confirmation of title.

53. public utility- business or service which is engaged in regularly supplying the public with some
commodity or service of public consequence.

54. In this context, social justice is based on the concepts of human rights and equality, and
can be defined as "the way in which human rights are manifested in the everyday lives of
people at every level of society".

55. A "Collective Bargaining Agreement" or "CBA" refers to the contract between a legitimate labor union
and the employer concerning wages, hours of work, and all other terms and conditions of employment in
a bargaining unit.
56. VOLUNTARY ARBITRATION refers to the mode of settling labor-management disputes by
which the parties select a competent, trained and impartial person who shall decide on the
merits of the case and whose decision is final, executory and binding.

57. Compulsory arbitration is an arbitration required or forced by law on parties


involved in a dispute. In such arbitration, the parties are compelled to submit their
case for arbitration even if they do not will to do so. It is a non-binding,
adversarial dispute resolution process in which one or more arbitrators hear
arguments, weigh evidence and issue a non-binding judgment on the merits after
an expedited hearing. In such arbitration, arbitrators address only the disputed
legal issues and apply legal standards. Either party can reject the ruling and
request a trial de novo in court.

58. Conciliation – is conceived of as a mild form of intervention by a neutral third party, the Conciliator-
Mediator, relying on his persuasive expertise, who takes an active role in assisting parties by trying to
keep disputants talking, facilitating other procedural niceties, carrying messages back and forth between
the parties, and generally being a good fellow who tires to keep things calm and forward-looking in a
tense situation.

59. Mediation – is a mild intervention by a neutral third party, the Conciliator-Mediator, whereby he starts
advising the parties or offering solutions or alternatives to the problems with the end in view of assisting
them towards voluntarily reaching their own mutually acceptable settlement of the dispute.

60. education-
the act or process of imparting or acquiring general knowledge,developing the p
owers of reasoning and judgment, and generally ofpreparing oneself or others i
ntellectually for mature life.

61. Academic freedom: is the freedom of teachers, students, and academic institutions to pursue
knowledge wherever it may lead, without undue or unreasonable interference.[1] At the minimum,
academic freedom involves the freedom to engage in the entire range of activities involved in the
production of knowledge, including choosing a research focus, determining what to teach in the
classroom, presenting research findings to colleagues, and publishing research findings.

62.
a body of words and the systems for their use common to a peoplewho are of th
e same community or nation, the same geographicalarea, or the same cultural t
radition

63. For purposes of communication and instruction, the official languages of the Philippines are
Filipino and, until otherwise provided by law, English.
64. The national language of the Philippines is Filipino. As it evolves, it shall be further
developed and enriched on the basis of existing Philippine and other languages.

65. "the state recognizes the Filipino family as the foundation of the nation ... it shall strengthen its
solidarity and actively promote its total development"

66. Marriage is a special contract of permanent union between a man and a woman
entered into in accordance with law for the establishment of conjugal and family
life. It is the foundation of the family and an inviolable social institution whose
nature, consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property relations during
the marriage within the limits provided by this Code. (52a)

67. Amendment:  an alteration of one or a few specific provisions of the Constitution.  Its main
purpose is to improve specific provisions of the Constitution.  The changes brought about by
amendments will not affect the other provisions of the Constitution.

68.  Revision:  An examination of the entire Constitution to determine how and to what extent it
should be altered.  A revision implies substantive change, affecting the Constitution as a whole.

69. A Constitutional Convention, or Con-Con, is one of the three methods to amend


the Constitution of the Philippines. Article XVII, Section 3 of the Constitution says, "The Congress
may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote
of all its Members, submit to the electorate the question of calling such a convention."

70. A Constituent Assembly is composed of all members of the bicameral Philippine


Congress (Senate and the House of Representatives). It is convened by Congress to propose
amendments to the 1987 constitution. Under Article XVII of the Constitution of the Philippines,
amendments pass upon a vote of three fourths of all members of Congress, but it is not clear if the
Congress should vote as a single body or as separate houses. The convention of Congress into a
Constituent Assembly is not explicitly provided for in the Constitution.

71. The Transitory Provisions of the Constitution are clearly intended to serve the
specialized needs and conditions prevailing at the time of the organic law’s
enactment. The provisions are called “transitory” precisely because they are
intended to ease the transition being brought forth by the newly enacted
Constitution, not to address long-term concerns.

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