The Supreme Court has appellate jurisdiction in all of the following cases EXCEPT
|
Article III. [JUDICIAL] Show
��������� Section 1. [JUDICIAL POWER; TENURE IN OFFICE] The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. ��������� Section 2. [JURISDICTION] The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. ��������� In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. ��������� The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. (NOTE: See Amendment XI) ��������� Section 3. [TREASON] Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. ��������� The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
The Supreme CourtThe Supreme Court has both original and appellate jurisdiction. It exercises original jurisdiction (cases are directly filed with the SC in the first instance without passing through any of the lower courts) over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. (Art. VIII, §5(1)). It also has original jurisdiction over writs of amparo, habeas data and the environmental writ of kalikasan. It exercises appellate jurisdiction to review, revise, reverse, modify, or affirm final judgments, and orders of the lower courts in:
The Supreme Court has administrative supervision over all courts and court personnel. (Article VIII, §6) It exercises this power through the Office of the Court Administrator. Composition of the Supreme CourtThe Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It may sit en banc or, in its discretion, in divisions of three, five, or seven members. (Art. VIII, §4) Its members shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy, without need of confirmation by the Commission on Appointments. (Art. VIII, §9) Members of the Supreme Court are required to have proven competence, integrity, probity and independence; they must be natural-born citizens of the Philippines, at least forty years old, with at least fifteen years of experience as a judge of a lower court or law practice in the country. (Art. VIII, §7) Justices shall hold office during good behavior until they reach the age of seventy years, or become incapacitated to discharge the duties of office. (Art. VIII, §11) Rule-Making PowersThe Supreme Court has the exclusive power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the underprivileged. Any such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. (Art. VIII, §54(5)) The Court of AppealsThe Court of Appeals was established on February 1, 1936 by virtue of Commonwealth Act No. 3 and is considered as the second highest tribunal in the country. It is composed of one presiding justice and 68 associate justices, all of which are appointed by the President from a shortlist submitted by the Judicial and Bar Council. The associate justices shall have precedence according to the dates (or order, in case of similar appointment dates) of their respective appointments. The qualifications for the justices of the Supreme Court also apply to members of the Court of Appeals. The Court of Appeals’ principal mandate is to exercise appellate jurisdiction on all cases not falling within the original and exclusive jurisdiction of the Supreme Court. Its decisions are final except when appealed to the Supreme Court on questions of law. The jurisdiction of the Court of Appeals are as follows:
The Court of Appeals shall also have the power to try cases and conduct hearings, receive evidence and perform acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or proceedings. https://ca2.judiciary.gov.ph/ The SandiganbayanBoth the 1973 and 1987 Constitution contain provisions on the present anti-graft court known as the Sandiganbayan. It has jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in government-owned or controlled corporations, in relation to their office as may be determined by law. The jurisdiction of the Sandiganbayan is perhaps one of the most often amended provision from the 1973 Constitution to Republic Act (R.A.) No. 8249. Before R.A. No. 8249, jurisdiction of the Sandiganbayan was determined on the basis of the penalty imposable on the offense charged. Thereafter, it was amended such that regardless of the penalty, so long as the offense charged was committed by a public officer, the Sandiganbayan was vested with jurisdiction. Under R.A. No. 8249, to determine whether the Sandiganbayan has jurisdiction, a person must look into two (2) criteria, namely, the nature of the offense and the salary grade of the public official. http://sb.judiciary.gov.ph/ The Court of Tax AppealsThe Court of Tax Appeals (CTA) was created on June 16, 1954, through the enactment of Republic Act No. 1125 (R.A. 1125). Its jurisdiction and composition have been increased with passage of several legislations. With the enactment of Republic Act (R.A.) No. 9282 on April 23, 2004, the CTA became an appellate Court, equal in rank to the Court of Appeals. The composition of the Court increased to six (6) Justices with one (1) Presiding Justice and five (5) Associate Justices. R.A. No. 9503 took effect on July 5, 2008, which further enlarged the organizational structure of the CTA. The CTA is now composed of one (1) Presiding Justice and eight (8) Associate Justices. The CTA may sit en banc or in three (3) divisions with each division consisting of three (3) Justices. A decision of a division of the CTA may be appealed to the CTA En Banc, and the latter’s decision may further be appealed by verified petition for certiorari to the Supreme Court. http://cta.judiciary.gov.ph/ The Second Level CourtsRegional Trial Courts are also known as Second Level Courts, which were established among the thirteen Judicial regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR). There are as many Regional Trial Courts in each region as the law mandates. RTCs were formerly called as the Court of First Instance since the Spanish era. It was only in the Judiciary Reorganization Act of 1980 that its name was changed from being called the Court of First Instance to Regional Trial Court. The First Level CourtsEach city and municipality in the Philippines has its own trial court. These First Level Courts are more commonly referred to as Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial Courts (MCTC). The MeTCs are the first level courts in the Metropolitan Manila area. First level courts in cities outside Metropolitan Manila are referred to as the MTCCs. The MTCs are first level courts that cover only one municipality, whereas MCTCs cover multiple municipalities. The Shari'a District & Circuit CourtsThe Shari’a District Courts are equivalent to the Regional Trial Courts in rank, which were established in certain provinces in Mindanao where the Muslim Code on Personal Laws is being enforced. On the other hand, the Shari’a Circuit Courts are the counterpart of the Municipal Circuit Trial Courts established in certain municipalities in Mindanao. Which has only appellate jurisdiction?In the federal court system, the circuit courts have appellate jurisdiction over the cases of the district courts, and the Supreme Court has appellate jurisdiction over the decisions of the circuit courts.
Does the US Supreme Court has appellate jurisdiction?The Constitution states that the Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first, and only, Court to hear a case.
Which of the following is the jurisdiction of the Supreme Court?The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court ...
What is the Supreme Court's appellate jurisdiction quizlet?What kind of jurisdiction does the Supreme Court have? Original jurisdiction is a court in which a case is first heard while appellate jurisdiction is a court in which a case is heard on appeal from a lower court. The Supreme Court has appellate jurisdiction.
|
