Bar Examination Questionnaire For Civil Law

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Bar Examination Questionnaire For Civil Law

When I became Solicitor General in 2022, I thought I had reached the head of my profession. The Congress shall have the ability to outline, prescribe, and apportion the jurisdiction of assorted courts however might not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 hereof. The Supreme Court shall have administrative supervision over all courts and the personnel thereof. No particular person shall be appointed Member of the Supreme Court or any decrease collegiate court until he’s a natural-born citizen of the Philippines. A Member of the Supreme Court have to be no much less than forty years of age, and must have been for fifteen years or more a decide of a decrease courtroom or engaged in the follow of regulation in the Philippines. This Court has its faults, and I really have on many events written impassioned dissents towards my esteemed colleagues.

  • Upon the switch of President Fortunato A. Battad to Benguet State University in 1983, Dr. Fredesswinda R. Serrano was designated in-charge from November to December 1983.
  • On the opposite hand, there’s an unavoidable and imperative need to set definable criteria before one might have the ability to establish the presence or absence of a subjective qualification; in reality, the enterprise of interpretation is intrinsically linked to the nature of a subjective qualification.

Criticism of the Court that decides will always be forthcoming. But for a celebration to do every thing in her energy to undermine the Court for concern of an adverse outcome could breach not only judicial courtesy but in addition our skilled duties as a lawyer. There must also be a time period inside which to query any perceived grave abuse of the Judicial and Bar Council’s discretion.

Official Gazette Of The Republic Of The Philippines

The context of the provision ought to be taken into consideration. Of course, no judicial interpretation, which isn’t supported by any textual anchor, ought to be allowed. [newline]Otherwise, we unreasonably endow ourselves with an influence not ours. The resolution to handle the issues referring to a Chief Justice is for this Court to call her out or for her to be tried utilizing the impeachment process if any of her actions quantities to the grave offenses enumerated in the Constitution. As a final level of debate, allow me to briefly tackle the difficulty of misrepresentation as allegedly committed by respondent not solely in her utility earlier than the JBC, but also with respect to the submitting of her SALNs.

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The JBC did not provide any explanation in its shift in follow. Previous orders, resolutions or issuances of the Court in these consolidated instances are outmoded solely insofar as they might be inconsistent with the present decision. I additional suggested that the above matter be taken up at the session on November 27, 2022 for deliberation and collective motion of the Court en banc. The disagreements between respondent and me are clearly not private however work-related, arising from instances once I called the Court’s consideration that respondent bypassed the Court en banc, falsified a Court Resolution and Order, and misled or lied to us, her colleagues within the Supreme Court. My intention was to correct the mistaken accomplished, not to rebuke or disgrace respondent, and solely to remind her that she shouldn’t repeat the identical as it will not all the time escape the eye of the Justices. “A Member of the Judiciary must be a person of confirmed competence, integrity, probity, and independence.” (Articie VIII, Section 7, Constitution).

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Respondent, then again, insists that such one-year interval is counted from the “explanation for ouster” and never from the discovery of the disqualification. Likening “explanation for ouster” to “explanation for motion,” Respondent believes that the OSG had reason for motion to hunt her ouster as early as her appointment on 24 August 2022. However, the OSG’s petition was filed only on 5 March 2022, or 4 and a half years late, so respondent explains. Call on any department, bureau, office, agency or instrumentality of the Government for such service, assistance and cooperation as may be essential in fulfilling its features and duties and for this objective enlist the companies of any authorities official or employee in the pursuit of his tasks.

The choice and appointment course of to the Judiciary is an applicable measure by which judicial independence may be superior. Another innovation of the current Constitution is the grant of administrative supervision over lower courts and courtroom personnel to this Court. This is an influence unique to and zealously guarded by this Court. The second facet of judicial independence refers to institutional independence. As its name suggests, institutional independence places more emphasis on the whole judiciary as an institution quite than the magistrate as an individual. It refers to the “collective independence of the judiciary as a physique” from the illegal and wrongful interference of different government branches.

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