What is the difference between a regular and special concurrence

Applicants and recommendees shall be screened based on set qualifications from the Constitution a member of the Judiciary must be a citizen of the Philippines, a member of the Philippine Bar, and a person of proven competence, integrity, probity, and independence as well as by office-specific qualifications set by the rules of the JBC see sidebar.

Competence , to be measured by. Integrity , by means of. Probity and independence. Sound physical, mental, and emotional condition , by means of. The JBC will prepare a short list of candidates they wish to interview. Although media accessibility will be subject to the rules promulgated by the Council, these interviews shall be conducted in public. For this purpose, the schedule of the interviews shall be published in local- and general-circulation publications.

The reports on the personal interviews, however, are declared strictly confidential documents upon submission to the Secretary of Council and shall only be made available to the members of the JBC. A list of candidates that passed the screening process is submitted to the members of the JBC for their final voting and approval. The JBC shall again meet in executive session for the final deliberation. A majority of the members must approve of a candidate in order for his or her name to be included in the final list of nominees that will be submitted to the President.

A list of nominees usually consists of five to six names. The President may appoint anyone included in the list of the JBC with no need of confirmation by Congress. Joaquin Bernas, during the Constitutional Commission of , the article from the Judiciary was accepted before that of the legislature.

However, since the ratification of the Constitution, a member from the House of Representatives and the Senate would both hold the position and would have half a vote each. Historical progression of the appointment of a chief justice and members of the Judiciary The Constitution , which established the First Philippine Republic, was the first instance of Philippine law providing for the creation of a Supreme Court of Justice Supreme Court and the appointment of a President of the Supreme Court Chief Justice.

Why was the JBC created? Who are the members of the JBC? The Constitution provides for the composition of the JBC to include the following: 1. A representative of the Integrated Bar of the Philippines; 3. A professor of law; 4. A retired member of the Supreme Court; 5. A representative from the private sector. How are candidates nominated?

The JBC convenes The JBC convenes and prescribes specific dates for deadlines for the filing of nominations and the form in which applications should be submitted. A list of applicants is published A long list of candidates shall be published in a Philippine newspaper of general circulation and in a newspaper of local circulation in the province or city where the vacancy is located.

They shall also be evaluated according to 1. Competence , to be measured by Educational preparation Experience Performance Other accomplishments 2. Integrity , by means of Evidence of integrity Background check Testimony of parties Anonymous testimonies 3. Probity and independence 4. Members of the Judiciary facing administrative complaints under informal preliminary investigation by the Court Administrator.

Public interviews are held The JBC will prepare a short list of candidates they wish to interview. The JBC votes on the list of nominees A list of candidates that passed the screening process is submitted to the members of the JBC for their final voting and approval.

The President appoints someone from the list The President may appoint anyone included in the list of the JBC with no need of confirmation by Congress. Basahin sa Filipino [[1]] According the Fr. Courts follow a custom of only answering questions absolutely needed to decide the case, while leaving other questions for the future.

The Florida Bar may be able to help you find those people who are able to comment. You also can find a list of attorneys actually involved in the case at the bottom of each court opinion. Ethics rules in the court are very strict. Neither the Justices nor court staff can explain what an opinion means. There is a basic ethics rule at the Florida Supreme Court that all staff and the Justices must follow: "The opinion speaks for itself.

Sometimes press reports provide general background. The Court does not announce in advance when any particular decision will be released. It has designated Thursday mornings at 11 a. If Thursday is a holiday, the Court will move the release back to Wednesday. Cases involving active death warrant signed by the Governor, for example, are usually expedited. There is no charge. The Court does not always reveal the author of an opinion but it always shows how each justice voted.

Justices agree concur with a decision or disagree dissent. Sometimes they only agree with part of a decision concur in part and dissent in part , or they may agree with the result but not the reasoning used to reach that result concur in result only. Occasionally a justice does not participate in a case recusal. The recusal is noted with the votes.

Here are some important pointers about how to interpret the abbreviations and Latin words that give information about the Justices involved in writing the opinion:. The case number appears first and is used by all of the Florida state courts for their internal filing system. First comes the abbreviation "No. Below these numbers appear the "style" of the case often something like John Smith v.

Jane Doe , which identifies the names of the people who have brought their legal disagreement into court. Sometimes the name will simply indicate what the case is about. For example, "In re Rules of Judicial Administration" means the case is about proposed changes to the Rules of Judicial Administration, which are the internal rules for state court operations. The Latin words "In re" mean "about" or "in the matter of. If the Court held an oral argument in the case, it was webcast and also archived and can be watched at any time by anyone.

After the listing of the justices, there may be information about when the opinion becomes final and whether the Court will permit the parties to ask for a rehearing. The final information included in every opinion is a listing of the attorneys who represented the parties in the case. For reporters with questions about the meaning or scope of an opinion, these may be good sources since court staff cannot interpret opinions. Where can I find more detailed information about the Court's opinion-writing process?

For more information about the operation of the Florida Supreme Court, two reports might be useful. For more information: publicinformation flcourts. Monday - Friday, 8 a. EST Court Schedule. Analysis of Supreme Court Caseload. About Disposition Data. About Supreme Court Opinions. Opinions are available from September 24, , to the present. Opinions released prior to this date can be found on Westlaw and in Florida Law Weekly. These decisions are not final until any timely filed motion for rehearing is considered and disposed of by the Court.

Opinions are also subject to formal revision before publication in the Southern Reporter, 3rd Series. Skip to Main Content. How to Read an Opinion. Amendments to Approved Rules. Unofficial Archive of Opinions.

Websites Cited in Opinions. Analysis of Caseload. Judicial Ethics Advisory Committee. Oral Argument Broadcasts. Tentative Argument Schedule. Observing Oral Arguments. Visitor Guide to Oral Arguments. Videos of Oral Argument Broadcasts. Clerk's Office. General Filing Information. About E-Filing Portal. Accessible Court Filings. Court Forms. Administrative Orders. Rules of Appellate Procedure. How the Court Operates. Court Schedule. Representing Yourself?

Jury Instructions. Bar Referee Manual. UPL Referee Manual. Florida Bar Exam. Certified Legal Intern Program. Senior Judge Information. Docket Search. Recent Filings. Case Disposition Orders. Review Granted Orders. Rules Cases: Approved Amendments. Rules Cases: Proposed Amendments. Tobacco Appeal Bonds. Timely Justice Act Certifications. Caseload Statistics. Social Media. Advisory Opinions to the Governor. Statewide Grand Jury.

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