Philippine Political Law - Isagani Cruz pdf Every citizen, regardless of calling, should understand the mechanics and motivations of his government. This must be so because "souereignty resi. In addition, the student should consider pertinent statutes, executive orders and decrees, and judicial decisions, as well as curent political events in which the purposes of the law are applied or misapplied. Partieularly with regard to those of their provisions that have been retained,in toto or with modifications in the. So too is the Constitution of the United States, along with relevant rulings of its Supreme Court, in connection with the parts of that document, Iike the BilI of Rights, that have been incorporated in the present Constitution of the Philippines. File Name: political law by isagani cruz pdf.
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Some cases have been know to hibernate in the courts for years, even decades. This is true even in the Supreme Court. The problem has become so serious that the Constitution now prescribes strict deadlines for various levels of courts. The Bill of Rights also contains a mandate for the speedy disposition of cases in judicial and administrative proceedings. What is the reason for the delay? Mainly, due process of law, or if you like, overdue process of law.
Part of the blame goes to the clogged dockets of the courts, especially in urban areas. The courts themselves, including the Supreme Court, must share the responsibility. And so must the mails. Due process guarantees to every litigant the chance to be heard. But hear me first! Unless a petition filed with the Supreme Court is dismissed outright for patent lack of merit, the practice is to give the respondent an opportunity to submit his comment.
This may call for a reply, which in turn may need a rejoinder, to which even a sur-rejoinder may be necessary. In between these pleadings, there may be some manifestations and quite a few motions for extension or postponement.
The Office of the Solicitor General, which handles cases for the government, principally those dealing with important issues like VAT and appeals from the NLRC and the Court of Appeals in criminal cases, is seldom able to submit its pleadings on time.
It generally takes about three months to comply, and only after warning from the Court. A complaint must wait until issues are joined with the filing of the answer. An appealed case cannot be thoroughly reviewed until the records are forwarded by the lower court, often from the provinces. Even if a case has already been decided, copies of the decision must still be served upon the parties before it can become final and executory. Service of pleadings and judicial notices is usually done by mail and is often delayed because of slow postal delivery.
This is also true of the transmittal of records. When it is considered that the time to respond to these matters is counted from the date of their receipt, it should be easy to see the complicity of the postal service in the slow disposition of cases. The trial courts in Metro Manila are deluged with cases they can hardly cope with because of their sheer number, let alone their occasional complexity.
The Supreme Court receives an average of as many as new cases every month, on top of the cases filed earlier and pending study and disposition. Given this caseload, courts find it difficult to meet their deadlines for deciding cases.
Trial courts have hearings everyday and little time afterward for the study and decision of cases. The Supreme Court holds sessions every morning and prepares for those sessions in the afternoon. Weekends are for decision-writing at home.
Remember the PLDT case? That case was decided on Aug. In between these dates, there were motions and manifestations from the parties, efforts at out-of-court settlement, setting, resetting and actual conduct of the hearing plus a number of deferments of the voting.
Since the original decision in , five members of the Court have retired or died. As each new justice was appointed, he was given time to study the case so he could vote with the other members on the motions of reconsideration. That meant at least one month for each incoming justice, or a total of five months of further delay.
This practice should be discontinued by the Supreme Court. New members should be excluded from the deliberation of cases already on motions for reconsideration. Otherwise, some cases may drag on interminably, particularly if there is a fast turnover in the Court. Extensions and postponements are readily and often indiscriminately granted because they give the courts a breathing spell.
Lawyers take advantage of this leniency because it also allows them a respite from their own schedules. In effect, there is a conspiracy between court and counsel, and sometimes even the parties, that delays the decision of the case, So as not to over-extend due process, courts should be less liberal in granting extensions and postponements. Judges should also budget their time, to allow for decision-making between trials.
This can be done better if they report for work punctually and regularly instead of shortening their weekdays and lengthening their weekends. Administrative action is being taken against errant judges with the imposition of penalties ranging from fines to even dismissal for gross negligence.
On the other hand, requests for extension of the period for decision have been granted to overworked judges in congested salas, or for health or other valid reasons. Judges in relatively quiet stations are also being detailed to assist their colleagues in busier courts. The Supreme Court is setting the example for industry and capacity for wok. It has wiped out practically all of the backlog that mounted during martial law and it is now working at a faster pace than ever before.
But there are still a number of cases that have dragged through the years without any sign that they will be resolved soon. Share this:.
Philippine Political Law
This is an online archive of those columns, arranged by date. All the works featured here are the intellectual creation of Justice Isagani A. They are copyrighted in his name and are protected by intellectual property laws. None of these works can be used without the consent of his beneficiaries. Please contact the administrator at candydatu yahoo. Cruz, after whom that street in Sampaloc is named, and Aurora Anzures. He finished his pre-law and freshman law years at the University of the Philippines, then transferred to the MLQ School of Law, where he graduated cum laude in
Political law by isagani cruz pdf
Some cases have been know to hibernate in the courts for years, even decades. This is true even in the Supreme Court. The problem has become so serious that the Constitution now prescribes strict deadlines for various levels of courts. The Bill of Rights also contains a mandate for the speedy disposition of cases in judicial and administrative proceedings. What is the reason for the delay? Mainly, due process of law, or if you like, overdue process of law. Part of the blame goes to the clogged dockets of the courts, especially in urban areas.
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