Posted by: luvin | June 29, 2016

The Judiciary In Federal System

Having lunch with my daughter who is studying law, our discussion delve into what would be the Judicial System if Philippines is to shift to a Federal System of Government? There are still many spaces to fill, and my views are just a product over the table discussion that I found interesting, I don’t pretend to be a legal expert, I just find this topic interesting.

At present the Judicial system in the Philippines are criticized for performing below expectation. It is slow in resolving cases, ridden by corrupt practitioners whom one President referred to as hoodlum in robes.

A court case specially those civil in nature would take a lifetime to reach final resolution giving it an apt description of  ‘justice delayed is justice denied.’ The reason given for this dismal performance are: lack of judges, lack of prosecutors, lack of lawyers, the courts are clogged with cases  that many are petty conflicts.

What would happen under a Federal system?

There would be several courts in the country. The Federal Court, the State Courts, and the Shariah Court. The Ombudsman could also be retained.

The State Courts will hear cases falling under the jurisdiction of the state. There will be a State Supreme Court, Provincial Trial Court, and Municipal Trial Court. The Court of Appeals will still be there but this time there will be one for every Region or State.

The final arbiter would be the State Supreme Court, while those cases which are of Federal or National concerns will be heard in the Federal Court. The composition of the Federal Court would be a representative from the different State Supreme Courts. The Chief Justice must be replace every five years with each representative justice replacing each other, one after the other.

Since there will be fourteen or fifteen Supreme Courts, the final review of each case would be much faster.

In states where there are Shariah Courts, lawyers who would like to practice in that state must first passed a bar examination specific to that State. The Shariah court will be present in Bangsa Moro State or States.

 

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