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INTRODUCTION
Judicial power rests with the Supreme Court and the lower courts, as established by law (Art. VIII, sec. 1 of the 1987 Constitution).
Its duty is to settle actual controversies involving rights which are legally demandable and enforceable (Art. VIII Sec. 1 (2)).
The judiciary enjoys scal autonomy. Its appropriation may not be reduced by the Legislature below the appropriated amount the
previous year (Art. VIII, Sec. 3).
(http://www.gov.ph/images/uploads/Judiciary-chart-July-021.jpg)
the
Supreme
Court
website
(http://sc.judiciary.gov.ph/)
and
the
Supreme
Court
E-Library
website
(http://elibrary.judiciary.gov.ph/).
On June 21, 1988, the Supreme Court promulgated the Code of Professional Responsibility for the legal profession. The draft was
prepared by the Committee on Responsibility, Discipline and Disbarment of the Integrated Bar of the Philippines.
The Philippine Mediation Center was organized pursuant to the en banc Supreme Court Resolution A.M. No. 01-10-5-SC-PHILJA,
dated October 16, 2001, and in line with the objectives of the Action Program for Judicial Reforms (APJR) to decongest court
dockets, among others, the court prescribed guidelines in institutionalizing and implementing the mediation program in the
Philippines. The same resolution designated the Philippine Judicial Academy as the component unit of the Supreme Court for
Court-Annexed Mediation and other Alternative Dispute Resolution (ADR) mechanisms, and established the Philippine Mediation
Center (PMC).
Mandatory Continuing Legal Education Of ce was organized to implement the rules on Mandatory Continuing Legal Education for
members of the Integrated Bar of the Philippines (B.M. No. 850 Mandatory Continuing Legal Education (MCLE)). It holds of ce
in the Integrated Bar of the Philippines main of ce.
KATARUNGANG PAMBARANGAY
Presidential Decree No. 1508 (http://www.gov.ph/1978/06/11/presidential-decree-no-1508-s-1978/), or the Katarungang
Pambarangay Law, took effect on December 11, 1978, and established a system of amicably settling disputes at the barangay
level. This decree and the Local Government Code (http://www.gov.ph/1991/10/10/republic-act-no-7160/) provided rules and
procedures, Title I, Chapter 7, Sections 339-422. This system of amicable settlement of dispute aims to promote the speedy
administration of justice by easing the congestion of court dockets. The court does not take cognizance of cases led if they are
not led rst with the Katarungang Pambarangay.
(HTTP://WWW.GOV.PH/IMAGES/UPLOADS/SUPREME-COURT-SEAL.PNG)
HISTORY OF THE SUPREME COURT
Royal audencia
The royal audencia was established on May 5, 1583, composed of a president, four oidores (justices) and a scal. The audencia
exercised both administrative and judicial functions. Its functions and structure were modi ed in 1815 when a chief justice
replaced its president and the number of justices was increased. It came to be known as the Audencia Territorial de Manila with
two branches, civil and criminal. A royal decree issued on July 24, 1861 converted it to a purely judicial body with its decisions
appealable to the Court of Spain in Madrid. A territorial audencia in Cebu, and audencia for criminal cases in Vigan were organized
on February 26, 1898.
Philippine Revolution and First Republic
In the three phases of the revolution: 1896-1897; 1898; 1899-1901, the exigencies of war prevented the thorough organization of
the administration of justice. Katipunan councils, then the provisional governments of Tejeros, Biak-na-Bato, and the Revolutionary
Republic proclaimed in Kawit, essentially had General Emilio Aguinaldo exercising decree-making powers instituting ad hoc courts
and reviewing any appeals concerning their decisions.
In 1899, when the Malolos Constitution was rati ed, it provided for a Supreme Court of Justice. President Aguinaldo proposed the
appointment of Apolinario Mabini as Chief Justice, but the appointment and the convening of the Supreme Court of Justice never
materialized because of the Philippine-American War.
American military rule
During the Philippine-American War, General Wesley Merrit suspended the audencias when a military government was established
after Manila fell to American forces in August, 1898. Major General Elwell S. Otis re-established the Audencia on May 29, 1899 by
virtue of General Order No. 20, which provided for six Filipino members of the audencia.
Establishment of the Supreme Court
With the establishment of civil government, Act No. 136 of the Philippine Commission abolished the audencia and established the
present Supreme Court on June 11, 1901, with Cayetano Arellano as the rst chief justice together with associate justicesthe
majority of whom were Americans.
Commonwealth: Filipinization of the Supreme Court
With the rati cation of the 1935 Constitution, the membership was increased to 11 with two divisions of ve members each. The
Supreme Court was Filipinized upon the inauguration of the Commonwealth of the Philippines on November 15, 1935. The
composition of the court was reduced by virtue of Commonwealth Act No. 3. It provided for a Supreme Court, headed by a chief
justice with six associate justices.
Article VIII, Section 4 (2) of the constitution explicitly provides for the cases that must be heard en banc, and Section 4 (3) for
cases that may be heard by divisions.
The Judiciary Reorganization Act of 1980 transferred the administrative supervision of all courts and their personnel from the
Department of Justice to the Supreme Court. This was af rmed by Article VIII, Section 6 of the 1987 Constitution. To effectively
discharge this constitutional mandate, the Of ce of the Court Administrator (OCA) was created under Presidential Decree No. 828,
as amended by Presidential Decree No. 842 (and its functions further strengthened by a resolution of the Supreme Court en banc
dated October 24, 1996). Its principal function is the supervision and administration of the lower courts throughout the Philippines
and all their personnel. It reports and recommends to the Supreme Court all actions that affect the lower court management. The
OCA is headed by the court administrator, three deputy court administrators, and three assistant court administrators.
According to the 1987 Constitution, Article VIII, Section 5, the Supreme Court exercises the following powers:
1. Exercise jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.
2. Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the law or the Rules of Court may provide, final
judgments and orders of the lower courts in:
All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or regulation is in question;
All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto;
All cases in which the jurisdiction of any lower court is in issue;
All criminal cases in which the penalty imposed is reclusion perpetua or higher;
All cases in which only an error or question of law is involved;
3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignments
shall not exceed six months without the consent of the judge concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
1. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all
courts; the admission to the practice of law, the Integrated Bar; and legal assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts the same
grade, and shall not diminish, increase or modify substantive rights. Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the Supreme Court.
2. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law (Sec. 5 , id.).
The Supreme Court has adopted and promulgated the Rules of Court for the protection and enforcement of constitutional rights, pleadings and practice and
procedure in all courts, and the admission in the practice of law. Amendments are promulgated through the Committee on Revision of Rules. The Court also
issues administrative rules and regulations in the form of court issuances posted on the Supreme Court E-Library website.
(http://www.gov.ph/images/uploads/sereno.jpeg)
(http://www.gov.ph/images/uploads/Oath-taking-of-ChiefJustice-Sereno-August-25-2012.jpeg)
The incumbent Chief Justice, Ma. Lourdes P.A. Sereno, appointed by
President Benigno S. Aquino III, took her oath of office on August 25,
2012. She is the first woman to hold the position.
The 1943 Constitution provided for the members of the Supreme Court and the chief justice to be appointed by the president with
the concurrence of his cabinet. Upon the declaration of martial law and the subsequent establishment of the 1973 Constitution,
the process of selection of the Chief Justice of the Philippines was changed. The power of Congress to veto an appointment by the
president to the of ce of the chief justice was removed. According to the 1973 Constitution, The Members of the Supreme Court
and judges of inferior courts shall be appointed by the President. There were ve chief justices that were appointed under this
provision.
After the revolution of 1986, a new constitution was enacted and a new process of selecting a chief magistrate was created.
Former chief justice and 1986 Constitutional Commission delegate Roberto V. Concepcion introduced the concept of the Judicial
and Bar Council. The aim of the Council is to de-politicize the judiciary by lessening the appointing power of the president. To read
more about the appointment of chief justices, members of the judiciary, and the Of ce of the Ombudsman, please click here
(http://www.gov.ph/briefer-jbc/).
To date, there have been nine chief justices appointed under the conditions of the 1986 Constitution.
Roberto V. Concepcion
Querube Makalintal
Fred Ruiz Castro
Enrique M. Fernando
Felix V. Makasiar
Ramon C. Aquino
6. Corazon C. Aquino
Claudio Teehankee
Pedro L. Yap
Marcelo B. Fernan
Andres R. Narvasa
7. Joseph Ejercito Estrada
Hilario G. Davide
8. Gloria Macapagal Arroyo
Artemio Panganiban
Reynato Puno
Renato C. Corona
9. Benigno S. Aquino III
Maria Lourdes P.A. Sereno
Notable chief justices
Of the list of chief justices, there are a few individuals that stand out for having gone above and beyond their duty and tenure as
chief justice.
1. Cayetano Arellano: Cayetano Arellano was the first Chief Justice of the Supreme Court. He was appointed in 1901 when the
Supreme Court was created through Act No. 136, along with three American justices and one Filipino justice.
2. Ramon Avancea: Appointed in 1925 by U.S. President Calvin Coolidge, he is known for ushering in an all-Filipino Supreme
Court in 1935. Upon the establishment of the Philippine Commonwealth in 1935, American justices were no longer allowed to
sit in the Philippine Supreme Courtthus, new justices were appointed, all of whom were of Filipino citizenship.
3. Jose Abad Santos: As a wartime chief justice, Abad Santos took on two different roles; he was the chief justice and
concurrently the Secretary of Justice. When President Quezon left the Philippines to evade capture by the Japanese, Abad
Santos chose to stay in the country as a caretaker of the government. On May 2, 1942, the Japanese military caught Abad
Santos in Cebu and invited him to become one of the members of their puppet government. Abad Santos refused to
collaborate. He died at the hands of the Japanese on May 2, 1942. His last words to his son were, Do not cry, Pepito, show to
these people that you are brave. It is an honor to die for ones country. Not everybody has that chance.
4. Manuel V. Moran: Appointed in 1945 by President Sergio Osmea, Manuel V. Moran would serve as Chief Justice of the
Supreme Court for six years. Upon his retirement in 1951, Moran was appointed as Philippine Ambassador to Spain and
concurrently to the Holy See. During President Quirinos administration, Moran was once again offered a position in the
Supreme Court in 1953, at the twilight of Quirinos presidency. Moran, however, refused the midnight appointment.
5. Roberto V. Concepcion: He went into early retirement for refusing to grant absolute power to Ferdinand Marcos, the president
who appointed him. In the resolution of Javellana v. Executive Secretary, Concepcion argued against the validity of the 1973
Constitution and its questionable aspects. Accordingly, he dissented, along with Justices Teehankee, Zaldivar, and Fernando,
from implementing the 1973 Constitution. Due to the courts decision, Concepcion would enter early retirement, 50 days before
his originally scheduled retirement date.
6. Claudio Teehankee: Claudio Teehankee was known for his firm anti-martial law stance during his tenure in the Supreme Court.
Teehankee resisted multiple attempts by the Marcos administration to garner absolute power by issuing questionable decrees.
In 1973, he was part of the bloc that dissented from the implementation of the 1973 Constitution. In 1980, he dissented from
the proposed judicial reorganization act of President Marcos. In 1986, after the EDSA Revolution, he administered the Oath of
Office of President Corazon C. Aquino in Club Filipino. He was appointed Chief Justice of the Supreme Court in 1986 by
President Corazon C. Aquino
7. Hilario G. Davide: Appointed by President Joseph Ejercito Estrada in 1998, Chief Justice Hilario G. Davide was known as the
presiding judge of the first impeachment proceedings in Asia. During the impeachment of President Estrada, he conducted
proceedings with impartiality. Following EDSA II uprising, which deposed President Estrada, Davide swore in Gloria MacapagalArroyo as the 14th President of the Philippines.
8. Maria Lourdes P.A. Sereno: Appointed by President Benigno S. Aquino III in 2012, Chief Justice Sereno is the first woman
appointed to the position.
Court of Appeals
The Court of Appeals is the second highest tribunal in the country, which was established on February 1, 1936 by virtue of
Commonwealth Act No. 3. The current form of the Court of Appeals was constituted through Batas Pambansa Blg. 129, as
amended by Executive Order No. 33, s. 1986 (http://www.gov.ph/1986/07/28/executive-order-no-33-s-1986/), Republic Act No.
7902, and Republic Act No. 8246.
The jurisdiction of the Court of Appeals are as follows:
1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or
processes, whether or not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of Regional Trial Courts and quasijudicial agencies, instrumentalities, boards or commission.
The Court of Appeals shall also have the power to try cases and conduct hearings, receive evidence and perform acts necessary to
resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct
new trials or proceedings.
The Court of Appeals is composed of one presiding justice and 68 associate justices, all of which are appointed by the President
from a shortlist submitted by the Judicial and Bar Council. The associate justices shall have precedence according to the dates (or
order, in case of similar appointment dates) of their respective appointments. The quali cations for the justices of the Supreme
Court also apply to members of the Court of Appeals.
The current presiding justice of the Court of Appeals is Andres Reyes Jr., who is set to retire on May 11, 2020.
Court of Tax Appeals
The Court of Tax Appeals (CTA), which is of the same level as the Court of Appeals, was created by virtue of Republic Act No.
1125, which was signed into law on June 16, 1954. Its present-day form was constituted through RA 1125, as amended by
Republic Act No. 9282 and Republic Act No. 9503. (http://www.gov.ph/2008/06/12/republic-act-no-9503/)
The CTA exercises jurisdiction in the following:
1. Exclusive appellate jurisdiction to review by appeal, as herein provided:
1. Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue
taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue or
other laws administered by the Bureau of Internal Revenue;
2. Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue
taxes, fees or other charges, penalties in relations thereto, or other matters arising under the National Internal Revenue Code
(http://www.gov.ph/1939/06/15/commonwealth-act-no-466/) or other laws administered by the Bureau of Internal Revenue,
where the National Internal Revenue Code provides a specific period of action, in which case the inaction shall be deemed a
denial;
3. Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by them in the
exercise of their original or appellate jurisdiction;
4. Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges,
seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters
arising under the Customs Law or other laws administered by the Bureau of Customs;
5. Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the
assessment and taxation of real property originally decided by the provincial or city board of assessment appeals;
6. Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from decisions of the
Commissioner of Customs which are adverse to the Government under Section 2315 of the Tariff and Customs Code
(http://www.gov.ph/1957/06/22/republic-act-no-1937/);
7. Decisions of the Secretary of Trade and Industry, in the case of non-agricultural product, commodity or article, and the
Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping and countervailing duties
under Section 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under Republic Act No.
8800, where either party may appeal the decision to impose or not to impose said duties.
The current presiding justice of the CTA is Roman del Rosario, who is set to retire on October 6, 2025.
Sandiganbayan
To attain the highest norms of of cial conduct among of cials and employees in the government, the creation of a special graft
court to be known as the Sandiganbayan was provided for in Article XIII, Section 5 of the 1973 Constitution. This court was
formally established through Presidential Decree No. 1606 (http://www.gov.ph/1978/12/10/presidential-decree-no-1606-s-1978/),
which was signed into law on December 10, 1978.
Through Article XI (Accountability of Public Of cers), Section 4 of the 1987 Constitution, the Sandiganbayan was carried over to
the post-EDSA Revolution republic. The current form of the Sandiganbayan was constituted through PD 1606, s. 1978, as amended
by Republic Act No. 7975 and Republic Act No. 8245.
The Sandiganbayan has jurisdiction over the following:
1. Violations of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, as amended, and Chapter II, Section 2, Title VII,
Book II of the Revised Penal Code (http://www.gov.ph/1930/12/08/act-no-3815-s-1930/), where one or more of the accused
are officials occupying the following positions in the government whether in a permanent, acting or interim capacity, at the time
of the commission of the offense:
1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade 27
and
higher,
of
the
Compensation
and
Position
Classification
Act
of
1989
(Republic
Act
No.
6758
and
criminal
cases
filed
pursuant
to
and
in
connection
with
Executive
Order
Nos.
The Sandiganbayan comprises of one presiding justice and 14 associate justices, all of which are appointed by the President from
a shortlist submitted by the Judicial and Bar Council. The associate justices shall have precedence according to the dates (or
order, in case of similar appointment dates) of their respective appointments.
The quali cations to become a member of the Sandiganbayan are as follows:
1. a natural-born citizen of the Philippines;
2. at least 40 years of age
3. has been a judge of a court for at least ten years, or been engaged in the practice of law in the Philippines or has held office
requiring admission to the bar as a prerequisite for at least ten years.
The current presiding justice of the Sandiganbayan is Amparo Cabotaje-Tang, who is set to retire on November 8, 2024.
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