Judicial branch has how many members
Representatives meet together to discuss ideas and decide if these ideas bills should become laws. There are Representatives. The number of representatives each state gets is determined by its population. Some states have just 2 representatives. Others have as many as Both senators and representatives are elected by the eligible voters in their states.
The Court also has original jurisdiction over limited types of cases, including those involving ambassadors and other diplomats, and in cases between states. Although the Supreme Court may hear an appeal on any question of law provided it has jurisdiction, it usually does not hold trials. Lower courts are obligated to follow the precedent set by the Supreme Court when rendering decisions.
In almost all instances, the Supreme Court does not hear appeals as a matter of right; instead, parties must petition the Court for a writ of certiorari. Of the approximately 7, requests for certiorari filed each year, the Court usually grants cert to fewer than These are typically cases that the Court considers sufficiently important to require their review; a common example is the occasion when two or more of the federal courts of appeals have ruled differently on the same question of federal law.
Before issuing a ruling, the Supreme Court usually hears oral arguments, where the various parties to the suit present their arguments and the Justices ask them questions.
If the case involves the federal government, the Solicitor General of the United States presents arguments on behalf of the United States. The Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution provide additional protections for those accused of a crime.
These include:. Criminal proceedings can be conducted under either state or federal law, depending on the nature and extent of the crime. A criminal legal procedure typically begins with an arrest by a law enforcement officer. If a grand jury chooses to deliver an indictment, the accused will appear before a judge and be formally charged with a crime, at which time he or she may enter a plea. The defendant is given time to review all the evidence in the case and to build a legal argument. It provided for a Supreme Court, headed by a chief justice with six associate justices.
After his capture and execution at the hands of the Japanese, the Commonwealth government-in-exile had no system of courts. Meanwhile, the Japanese organized the Philippine Executive Commission in occupied areas on January 8, , which gave way to the Second Republic in October 14, By the end of World War II, the regular function of the courts had been restored, beginning with the appointment of a new Supreme Court on June 6, Dizon recognized this.
The Supreme Court was retained during the martial law years under rules similar to the Constitution, but with the exception few key factors, e. Pursuant to the provisions of the Constitution, the Supreme Court is composed of a chief Justice and 14 associate justices who serve until the age of The court may sit en banc or in one of its three divisions composed of five members each.
The chief justice and associate justices are appointed by the President of the Philippines, chosen from a shortlist submitted by the Judicial and Bar Council. The president must fill up a vacancy within 90 days of occurrence. Article VIII, Section 4 2 of the constitution explicitly provides for the cases that must be heard en banc, and Section 4 3 for cases that may be heard by divisions.
The Judiciary Reorganization Act of transferred the administrative supervision of all courts and their personnel from the Department of Justice to the Supreme Court.
Its principal function is the supervision and administration of the lower courts throughout the Philippines and all their personnel. It reports and recommends to the Supreme Court all actions that affect the lower court management. The OCA is headed by the court administrator, three deputy court administrators, and three assistant court administrators. The Supreme Court has adopted and promulgated the Rules of Court for the protection and enforcement of constitutional rights, pleadings and practice and procedure in all courts, and the admission in the practice of law.
Amendments are promulgated through the Committee on Revision of Rules. The Court also issues administrative rules and regulations in the form of court issuances posted on the Supreme Court E-Library website. Lourdes P. Read her biography from on website of the Supreme Court.
The position of chief justice was created in by virtue of the establishment of the Philippine Supreme Court. At the time, the chief justice was appointed by the President of the United States: the court was composed mainly of American citizens with a Filipino chief justice.
There were six chief justices appointed by the President of the United States. In , upon the inauguration of the Commonwealth of the Philippines, the power to appoint the chief justice was transferred to the President of the Philippines. According to the Constitution, the President of the Philippines shall make appointments with concurrence of the National Assembly.
There have been six Chief Justices who were appointed under the Constitution. The only chief justice that was not appointed by a president was Chief Justice Jose Yulo, who was in office during the Japanese occupation, from until the liberation of the Philippines in The Constitution provided for the members of the Supreme Court and the chief justice to be appointed by the president with the concurrence of his cabinet.
Upon the declaration of martial law and the subsequent establishment of the Constitution, the process of selection of the Chief Justice of the Philippines was changed. The power of Congress to veto an appointment by the president to the office of the chief justice was removed. After the revolution of , a new constitution was enacted and a new process of selecting a chief magistrate was created.
Former chief justice and Constitutional Commission delegate Roberto V. Concepcion introduced the concept of the Judicial and Bar Council.
The aim of the Council is to de-politicize the judiciary by lessening the appointing power of the president. To read more about the appointment of chief justices, members of the judiciary, and the Office of the Ombudsman, please click here. To date, there have been nine chief justices appointed under the conditions of the Constitution.
Of the 15 Presidents of the Philippines, only eight have been able to appoint an individual to the highest judicial post in the land. The following is the list of presidents who appointed chief Jjstices and their appointees. Of the list of chief justices, there are a few individuals that stand out for having gone above and beyond their duty and tenure as chief justice. The Court of Appeals is the second highest tribunal in the country, which was established on February 1, by virtue of Commonwealth Act No.
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