Second Philippine Commission Act 136, Phil Bill of 1902 abolished American military court and established a supreme

e court of the islands.

Dela Rosa Pallon Singuillo Yambao

JUDICIARY
The Philippine

Japanese Government Supreme court was retained but Bill of Rights in the 1935 constitution was removed. Marcosian Supreme Court - Under the 1973 Constitution, membership was increased to 15. It also granted the Supreme Court administrative supervision over lower courts. Presidential Decree 1977 created Sharia courts. Under the 1987 Constitution Change in size of its members. Membership was increased to 15 (14 Assoc. Judges, 1 Chief)

As to the Judicial Legislation, the Constitution as stated in Article VIII grants the Supreme Court an additional power to promulgate rules that would protect the constitutional rights of the people. ( *to attach Art VIII Sec 5 and definition of irreducible jurisdictionn and auxilliary administrative powers of Supreme Court) In the process of legislation, The Judiciary is misunderstood between the gaps of certain case/s whether to fill in or not the missing parts or when it oversteps its dicretional boundaries and goes beyond to coin doctrines or principles. (example: US Supreme Court Roe vs Wade and Republic of the Phils. Vs Obrecido GR No. 154380 Oct 05, 2005)

Judicial Review is the authority of the courts to

determine whether acts of Congress, Executive branch, and the states constitutional. the are

A study of our Constitution is a study of judicial decisions and opinions on the meaning and applications of its provisions. A History of the Philippine Judiciary Barangay System/Old Kingdoms judiciary power was in the hands of the datu, village elders, and priestesses.

Judicial Legislation:

Modalities of Constitutional Interpretation: The Supreme Court is not just a court. It is a political institution. A. Historical Approach-Analyzin the intention of the framers of the Constitution and circumstances of its ratification. B. Textual Approach-reading the language of the Constituton that can be best understood y an ordinary man. C. Structural Approach-inferences form the architecture of the three-cornered relationships that are found in the constitutional arrangement.

The Judiciary has been invariably perceived

as the weakest amng the three branches of government considering the fact that it does not have the power of purse, nor does the power of sword. (Vidal, 2008)
The Philippine Constitution vested to the Juduciary the pen to interpret the laws and the constitution itself. (In this note, we can say that the Judiciary can be described as the strongest branch since it has the power to pronounce with certainty whether a law is valid or not ad that the government and its people have no choice but to obey to its decree.)

Spanish Era Judicial Power was in the Real Audencia and exercised by the Gobernador Heneral
Malolos Government separated three branches of government and vested highest judicial authority in a Korte Suprema. Phil-Am war and First Philippine Commission Judiciary Power was granted by the American government to military courts, whose purpose is to try and execute the insurrectos.

D. Doctrinal-relying on precedents of the Court

the

established

In other words, the judiciary is the branch of

government that is engaged in dispute resolution through the power vested in the agency to interpret the law when it is unclear or susceptible to different interpretations. The judiciary may not have the power of the sword, may not have the power of the purse, but it has the power to interpret the Constitution, and the unerring lessons of history tell us that rightly wielded, that power can make a difference for good. (Puno, 2006)

E. Ethical-an approach that seeks to interpret the Filipino moral comitments that are embedded in the constitutional document.
F. Prudential-weighing and comparing the costs and benefits that might be found in conflicting rules.

Nature of legislativejudicial relations depends crucially on the political environment, as well as on judicial preferences. Constitutional courts oversee and constrain the exercise of political power by legislative majorities or government agencies. 1. Dependent on public support 2. Legislative decision not to comply with judicial rulings may result in a negative backlash. 3. The fear of such a backlash can be a powerful inducement for legislative majorities to respect judicial decisions. 4. In short, the electoral connection can also serve as an indirect enforcement mechanism for judicial decisions. 5. In issuing judicial decisions, justices are presumably hoping to have an impact on policy. 6. Judicial behavior is affected by the possibility of legislative evasion; and legislative behavior may be conditioned by anticipation of judicial review. 7. Highlights the importance of political environment, specifically of transparency.

Judiciary and Legislative Relations

Responsibilities of the Judiciary Adjudicative power Judicial Review Judicial power includes the duty of the court to settle actual controversies involving rights which are legally demandable and enforceable (adjudicative power), and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of Government (judicial review). Grave abuse of discretion implies capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction, or, when the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility, and it must be so patent and gross as to amount to an evasion of positive duty enjoined or to act at all in contemplation of law.

Judicial-Legislative Relationship Co-equal: primary functions are different, yet their autonomy and authority are not supposed to be higher than the other. The Congress must not deprive the Supreme Court of its inviolable jurisdiction that is enumerated in Article VIII, Section 5 (Article VIII, Section 2). Security of tenure: no law shall be passed reorganizing the Judiciary Fiscal autonomy: appropriations judiciary may not be reduced legislature (Article VIII, 3).Qualification of judges of lower prescribed by the Congress. for the by the Section courts is

Legislative anticipation of judicial review, legislative reactions to judicial rulings and the impact of such relations in judicial behavior (Vanberg, )