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The judiciary of the Philippines consists of the Supreme Court, which is established in the Constitution, and three levels of lower courts, which are established through law by the Congress of the Philippines. The Supreme Court has expansive powers, able to overrule political and administrative decisions, and with the ability to craft rules and ...
Eventually, the Philippine legal system emerged in such a way that while the practice of codification remained popular, the courts were not barred from invoking principles developed under the common law, [1] or from employing methods of statutory construction in order to arrive at an interpretation of the codal provisions that would be binding ...
In the past, magistrates have been responsible for granting licences to sell alcohol; [9] this function is now exercised by local councils, although there is a right of appeal to the magistrates' court. Magistrates are also responsible for granting orders such as search warrants to the police and other authorities.
In the criminal court, individual magistrates have equal sentencing powers to district judges and deliver verdicts on both “summary” and “either way” offences that carry up to twelve months in prison, or an unlimited fine. [5] Defendants may hire a solicitor or barrister to represent them, often paid for by legal aid.
Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of ...
A justices' clerk had the powers of a single magistrate, for example to issue a summons, adjourn proceedings, extend bail, issue a warrant for failing to surrender to bail where there is no objection on behalf of the accused, dismiss an information where no evidence is offered, request a pre-sentence report, commit a defendant for trial without consideration of the evidence and give directions ...
Sentencing guidelines define a recommended sentencing range for a criminal defendant, based upon characteristics of the defendant and of the criminal charge. Depending upon the jurisdiction, sentencing guidelines may be nonbinding, or their application may be mandatory for the criminal offenses that they cover.
Municipal Trial Courts in Cities, a type of civil court below Regional Trial Courts: OCA N/A: English Office of the Court Administrator: petitioner [2] N/A: English A plaintiff. petitioner-in-intervention N/A: English An intervenor who supports the case of the petitioner. [11] Cf. intervenor-oppositor. ponencia [2] report Spanish The Court's ...