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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 ...
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 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.
[13] [14] When a guideline sentencing range is less than the statutory mandatory minimum, the latter prevails. Under the Controlled Substances Act, prosecutors have great power to influence a defendant's sentence and thereby create incentives for defendants to accept a plea agreement. For example, defendants with prior drug felonies are often ...
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.
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.
The Department of Justice (Filipino: Kagawaran ng Katarungan, abbreviated as DOJ) is under the executive department of the Philippine government responsible for upholding the rule of law in the Philippines. It is the government's principal law agency, serving as its legal counsel and prosecution arm. [2]