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A content analysis of Supreme Court rulings on cases in violation of the Speedy Trial Act from 2013-2018
(2018)
The right of the accused to a speedy trial and to a speedy disposition of the case against him was designed to prevent the oppression of the citizen by holding criminal prosecution suspended over him for an indefinite time, ...
Perception of government auditors on the significance of deposition as an aid for fast and successful prosecution of graft and corruption cases
(2019)
This study focused on assessing the perception of government auditors on the significance of deposition as an aid for quick and successful prosecution of graft and corruption cases. It sought to describe the demographics ...
A critical review of R. A. 10627-Anti-Bullying Act of 2013: Effectiveness and proposed amendments
(2018)
This study was conducted to review salient provisions of-of R. A. 10627-Anti-bullying act of 2013, its effectiveness and propose an amendment to the provisions of the law. The researcher used qualitative content analysis ...
The compliance of lawyers in the use of Judicial Affidavit and Efficient Use of Paper Rules as a tool in speedy disposition of cases
(2019)
It has been said that justice delayed is justice denied and oftentimes, this dictum has proven to be true in the Philippine justice system. This study was conducted to determine the compliance of the lawyers in the Efficient ...
A content analysis of the Human Security Act of 2007- Republic Act 9372: Its implication to the criminal justice system
(2015)
“We will not enjoy security without development, we will not enjoy development without security, and we will not enjoy either without respect for human rights. ”- U N Secretary-General Kofi Annan
The Human Security Act ...
A content analysis of Supreme Court decisions with implications of judicial legislation
(2016)
ʺBalikan ninyo ang mabibigat at kontrobersiyal na isyung kinaharap ng hudikatura, gaya ng mga panahong nagging kataka-taka ang posisyon ng isa o iilang mahistrado, kung kalian biglang nagbago ang pananaw ng korte sa mahahalagang usapin, o tila nagkaroon ng judicial legislation (Look back at the controversial issues faced by the judiciary, like situations when the position of one or a few justices were puzzling, when the court's decision about an important issue suddenly changed or there is so-called judicial legislation),ʺ ---President Benigno Aquino III
The Philippine Government is divided into three branches namely, the Executive, the Legislative and the Judiciary. The Legislative department enacts the laws, the Judiciary interprets them and the Executive is charged with the enforcement of such laws. Pursuant to the Doctrine of Separation of Powers, each branch is precluded from interfering with the functions of the other branches. However, the Judiciary seemed to have encroached upon the functions of the Legislature by committing judicial legislation.
The purpose of this study was to determine the cases decided by the Supreme Court with implications of judicial legislation. Specifically, it aimed to determine the type of cases where the Supreme Court committed judicial legislation, the frequency the High Court commits such and the reasons that induced it to commit a violation of the doctrine of separation of powers.
Using information provided in Supreme Court decisions, Legislative Journal, official publications, on-line resources and numerous articles, the data gathered were analysed in order to assess the probable impact and legal implications of judicial legislation in order to make a recommendation that would help in avoiding the commission of such violation of separation of powers.
The researcher used the content analysis and studied the cases decided by the Supreme Court from 2005-2015 which were said to have implications of judicial legislation. Of the nine (9) cases with implications of judicial legislation, five (5) were administrative cases, three (3) were civil cases and only one (1) was a criminal case. The Supreme Court was careful enough not to commit judicial legislation in their rulings as evidenced by the fact that only one or two cases every year from 2005 to 2015 were with implications of judicial legislation. The main reason behind the commission of the High Court of judicial legislation is that it wanted to give the law a construction that reflects the intent of its framers.
The Justices of the Supreme Court may have the best intentions in deciding cases filed before them and in construing the applicable laws in such cases. However, if something is missing in the law, the Judiciary is without power to supply the said missing piece because such is the duty of the Legislative department. The Supreme Court acts with grave abuse of its power in amending a legislative act in the guise of construction....
An analysis of Supreme Court decisions on human trafficking: Its implications to R.A. No. 9028 or the Anti-Trafficking in Persons Act of 2003 as amended.
(2016)
Trafficking in Persons is a crime against humanity and is considered a human rights violation. Not only the Philippines but all other nations seek to eradicate It is the aim not only of our country but of every State to ...
Extent of implementation of Regulation Ordinance No. 2006-150: Rights of electronic cigarette users impaired by the anti-smoking ordinance, its implication to the anti-smoking campaign of Iloilo City
(2018)
The use of electronic cigarette or vape is common nowadays, it has proven to be a substitute for cigarette dependence for some users. The characteristic of its use remains largely unknown. Electronic cigarettes are very ...
The effectiveness of Socratic method and lecture method as teaching strategies in the bar performance as perceived by the law graduates of a certain University in Iloilo City
(2016)
This investigation was undertaken to find out whether or not Socratic method or lecture method as teaching strategies in the bar performance as perceived by the law graduates of a certain University in Iloilo City is ...
Level of knowledge on the legal implications of nursing negligence among selected nurses in Iloilo City
(2017)
This study aims to determine the level of knowledge, whether there is significant difference between educational attainment and level of knowledge, whether there is significant difference between length of experience and ...