Академический Документы
Профессиональный Документы
Культура Документы
Tribal courts do not possess judicial power. Like the pangkats or conciliation
panels created by P.D. No. 1508 in the barangays, they are advisory and conciliatory
bodies whose principal objective is to bring together the parties to a dispute and
persuade them to make peace, settle, and compromise. An amicable settlement,
compromise, and arbitration award rendered by a pangkat, if not seasonably
repudiated, has the force and effect of a final judgment of a court (Sec. 11, P.D.
1508), but it can be enforced only through the local city or municipal court to which
the secretary of the Lupon transmits the compromise settlement or arbitration award
upon expiration of the period to annul or repudiate it (Sec. 14, P.D. 1508). Similarly,
the decisions of a tribal court based on compromise or arbitration, as provided in
P.D. 1508, may be enforced or set aside, in and through the regular courts today.
A military commission or tribunal cannot try and exercise jurisdiction, even during
the period of martial law, over civilians for offenses allegedly committed by them as
long as the civil courts are open and functioning, and that any judgment rendered by
such body relating to a civilian is null and void for lack of jurisdiction on the part
of the military tribunal concerned.
intricate questions of facts are involved, then relief must first be obtained in an
administrative proceeding before a remedy will be supplied by the courts even
though the matter is within the proper jurisdiction of a court.
4. Doctrine of Non-Interference - An elementary principle of higher importance in
the administration of justice that the judgment of a court of competent
jurisdiction may not be opened, modified, or vacated by any court of
concurrent jurisdiction.