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Under the 1987 constitution, Judicial terms of office are out of sync with other offices such as the President of the Philippines, to promote independence. The President appoints individuals to the judiciary. Appointments to the judiciary are recommended by the Judicial and Bar Council (JBC) to the President. For the Supreme Court, the ...
The quo warranto petition against Maria Lourdes Sereno, filed before the Supreme Court of the Philippines, led to the landmark case Republic v. Sereno [note 1] (G. R. No. 237428), [3] [4] [5] which nullified Maria Lourdes Sereno's appointment as Chief Justice of the Supreme Court of the Philippines, finding that she never lawfully held the office due to a lack of integrity for failing to file ...
Nonetheless, the Supreme Court would, in the next several decades, often decline to exercise judicial review by invoking the political question doctrine. In 1987, the constitutional convention formed to draft a new charter decided to provide for a definition of "judicial power" as a means of inhibiting the Supreme Court from frequently ...
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. [ 2 ] [ 3 ] Although common law may incorporate certain statutes , it is largely based on precedent —judicial rulings made in previous similar cases. [ 4 ]
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
[10] [11] [3] [12] [13] One example in the Supreme Court's history is the 1886 case Santa Clara County v. Southern Pacific Railroad Co. . A passing remark from Chief Justice Morrison R. Waite , recorded by the court reporter before oral argument, now forms the basis for the doctrine that juristic persons are entitled to protection under the ...
Oposa v. Factoran, G.R. No. 101083, 224 S.C.R.A. 792 (1993), alternatively titled Minors Oposa v.Factoran or Minors Oposa, is a landmark decision of the Supreme Court of the Philippines recognizing the doctrine of intergenerational responsibility on the environment in the Philippine legal system.
Charter of Rights, section 7 (Legal rights) Establishes that laws which impose prison sentences for "absolute liability" offences (i.e. offences for which intent or negligence need not be shown) are invalidated by section 7 of the Charter. R v Morgentaler: Supreme Court [1988] 1 SCR 30: Charter of Rights, section 7 (Legal rights), abortion