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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 ...
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.
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 ...
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 ...
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 ...
The Judicial and Bar Council (JBC; Filipino: Sangguniang Panghukuman at Pang-abogasya [1]) of the Philippines is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court, other lower courts, and the Legal Education Board, and in the offices of the Ombudsman, Deputy Ombudsman and the Special Prosecutor.
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.
In the law of England and Wales and some other common law jurisdictions, binding over is an exercise of certain powers by the criminal courts used to deal with low-level public order issues. [1] Both magistrates' courts and the Crown Court may issue binding-over orders in certain circumstances. [1]