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There is also some legislative oversight of the judicial system, with the legislature able to carry out impeachment proceedings. [30] The first attempt to impeach a Chief Justice, in 2003, was quashed by the Supreme Court. [2]: 366–367 Corona was impeached in 2012, the first time a Chief Justice had been impeached in Philippine history. [30]
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.
Pages in category "Legal history of the Philippines" The following 14 pages are in this category, out of 14 total. This list may not reflect recent changes. F.
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called ...
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
The Audiencia was given supervision over the administration of the estates of deceased persons. Special attention received the trials of cases involving states from native owners, and a provision was made that: "our said president and Oidores shall always take great care to be informed of the crimes and abuses which are committed against the Indians under our royal crown, or against those ...
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 ...