Supreme Court of the Philippines
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The Supreme Court of the Philippines (Filipino: Kataas-taasang Hukuman or Korte Suprema) is the country's highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice. Pursuant to the Constitution, the Supreme Court has "administrative supervision over all courts and the personnel thereof".[1]
The Supreme Court complex occupies the corner of Padre Faura Street and Taft Avenue in Manila, with the main building directly fronting the Philippine General Hospital. Until 1945, the Court held office within Intramuros.
Contents |
[edit] Constitutional role
[edit] Composition
A person must meet the following requirements in order to be appointed to the Supreme Court: (1) natural-born citizenship, (2) at least 40 years old; (3) must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines.[2] An additional constitutional requirement, though less precise in nature, is that a Justice “must be a person of proven competence, integrity, probity, and independence.”[3] Upon a vacancy in the Court, whether for the position of Chief Justice or Associate Justice, the President fills the vacancy by appointing a person from a list of at least 3 nominees prepared by the Judicial and Bar Council.[4]
Beginning with the 1935 Constitution, Supreme Court Justices are obliged to retire upon reaching the mandatory retirement age of 70.[5] Just a few Justices had opted to retire before reaching the age of 70, such as Florentino Feliciano, who retired at 67 to accept appointment to the Appellate Body of the World Trade Organization.
[edit] Functions
- See also: Judicial review in the Philippines
The powers of the Supreme Court are defined in Article VIII of the 1987 Constitution. These functions may be generally divided into two – judicial functions and administrative functions. The administrative functions of the Court pertain to the supervision and control over the Philippine judiciary and its employees, as well as over members of the Philippine bar. Pursuant to these functions, the Court is empowered to order a change of venue of trial in order to avoid a miscarriage of justice and to appoint all officials and employees of the judiciary.[6] The Court is further authorized to promulgate the rules for admission to the practice of law, for legal assistance to the underprivileged, and the procedural rules to be observed in all courts.[7]
The more prominent role of the Court lies in the exercise of its judicial functions. Section 1 of Article VIII contains definition of judicial power that had not been found in previous constitutions. The provision states in part that:
- Judicial power includes the duty of courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.
The definition reaffirms the power of the Supreme Court to engage in judicial review, a power that had traditionally belonged to the Court even before this provision was enacted. Still, this new provision effectively dissuades from the easy resort to the political question doctrine as a means of declining to review a law or state action, as was often done by the Court during the rule of President Ferdinand Marcos.[8] As a result, the existence of “grave abuse of discretion” on the part of any branch or instrumentality of the government is sufficient basis to nullify state action.
[edit] Cases
The Court is authorized to sit either en banc or in divisions of 3, 5 or 7 members. Since the 1970s, the Court has constituted itself in 3 division with 5 members each. Majority of the cases are heard and decided by the divisions, rather than the court en banc. However, the Constitution requires that the Court hear en banc “[a]ll cases involving the constitutionality of a treaty, international or executive agreement, as well as “those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations”.[9] The Court en banc also decides cases originally heard by a division when a majority vote cannot be reached within the division. The Court also has the discretion to hear a case en banc even if no constitutional issue is involved, as it typically does if the decision would reverse precedent or presents novel or important questions.
[edit] Appellate review
Far and away the most common mode by which a case reaches the Supreme Court is through an appeal from a decision rendered by a lower court. Appealed cases generally originate from lawsuits or criminal indictments filed and tried before the trial courts. These decisions of the trial courts may then be elevated on appeal to the Court of Appeals, or more rarely, directly to the Supreme Court if only “questions of law” are involved. Apart from decisions of the Court of Appeals, the Supreme Court may also directly review on appeal decisions rendered by the Sandiganbayan and the Court of Tax Appeals. Decisions rendered by administrative agencies are not directly appealable to the Supreme Court, they must be first challenged before the Court of Appeals. However, decisions of the Commission on Elections may be elevated directly for review to the Supreme Court, although the procedure is not, strictly speaking, in the nature of an appeal.
Review on appeal is not as a matter of right, but "of sound judicial discretion and will be granted only when there are special and important reasons therefor".[10] In the exercise of appellate review, the Supreme Court may reverse the decision of lower courts upon a finding of an "error of law". The Court generally declines to engage in review the findings of fact made by the lower courts, although there are notable exceptions to this rule. The Court also refuses to entertain cases originally filed before it that should have been filed first with the trial courts.
[edit] Original jurisdiction
The other mode by which a case reaches the Supreme Court is through an original petition filed directly with the Supreme Court, in cases where the Constitution establishes “original jurisdiction” with the Supreme Court. Under Section 5(1), Article VIII of the Constitution, these are “cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus”. Resort to certiorari, prohibition and mandamus may be availed of only if "there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law".[11]
However, notwithstanding this grant of original jurisdiction, the Court has, through the years, assigned to lower courts such as the Court of Appeals the power to hear petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus. As a result, the Court has considerable discretion to refuse to hear these petitions filed directly before it on the ground that such should have been filed instead with the Court of Appeals or the appropriate lower court. Nonetheless, cases that have attracted wide public interest, or where a speedy resolution is of the essence, have been accepted for decision by the Supreme Court without hesitation.
In cases involving the original jurisdiction of the Court, there must be a finding of "grave abuse of discretion" on the part of the respondents to the suit to justify favorable action on the petition. The standard of "grave abuse of discretion", a markedly higher standard than "error of law", has been defined as "a capricious and whimsical exercise of judgment amounting to lack of jurisdiction"[12]
[edit] Current Justices
[edit] History
[edit] Pre-Hispanic and Hispanic periods
In the years prior to the official establishment of the Supreme Court, institutions exercising judicial power were already in existence. Before the Spaniards came, judicial authority “in its primitive form” was in the hands of barangay chiefs. During the early years of the Spanish regime, these powers were vested upon Miguel López de Legazpi, the first governor-general of the Philippines. He administered civil and criminal justice under the Royal Order of August 14, 1569.
The present Supreme Court was preceded by the Royal Audiencia, a collegial body established on May 5, 1583 and composed, of a president, four oidores (justices), and a fiscal, among others. It was the highest tribunal in the Philippines, below only the Consejo de Indias of Spain. However, this body also exercised administrative functions, not just judicial functions.
The Audiencia’s functions and structure underwent substantial modifications in 1815 when its president was replaced by a chief justice and the number of justices was increased. It then came to be known as the Audiencia Territorial de Manila with two branches, civil and criminal, later renamed sala de lo civil and sala de lo criminal. The Audiencia was converted to a purely judicial body by a Royal Decree issued on July 4, 1861, but its decisions were appealable to the Supreme Court of Spain sitting in Madrid.
On February 26, 1886, a territorial Audiencia was organized in Cebu, followed by an Audiencia for criminal cases in Vigan. However, the pre-eminence of the Supreme Court as the sole interpreter of the law was unknown during the Spanish regime.
Unlike the decisions rendered by the Supreme Court during the period of American rule, the decisions of the Royal Audiencia are
[edit] American period
The Supreme Court of the Philippines was officially established on June 11, 1901 through the passage of Act No. 136, otherwise known as the Judiciary Law of the Second Philippine Commission. By virtue of that law, judicial power in the Philippine Islands was vested in the Supreme Court, Courts of First Instance and Justice of the Peace courts. Other courts were subsequently established.
The judicial structure introduced by Act No. 136 was reaffirmed by the US Congress with the passage of the Philippine Bill of 1902. The Administrative Code of 1917 ordained the Supreme Court as the highest tribunal with nine members: a chief justice and eight associate justices.
From 1901 to 1935, although a Filipino was always appointed chief justice, the majority of the members of the Supreme Court were Americans. Complete Filipinization was achieved only with the establishment of the Commonwealth of the Philippines in 1935. Claro M. Recto and Jose P. Laurel were among the first appointees to replace the American justices. With the ratification of the 1935 Constitution in a plebiscite held on May 14, 1935, the membership in the Supreme Court increased to 11: a chief justice and ten associate justices, who sat en banc or in two divisions of five members each.
[edit] An independent Philippines
Under the 1973 Constitution, the membership of the Supreme Court was increased to 15. The justices sat en banc or in divisions. The 1973 Constitution also vested in the Supreme Court administrative supervision over all lower courts which heretofore was under the Department of Justice.
After the overthrow of President Ferdinand Marcos in 1986, President Corazon C. Aquino, using her emergency powers, promulgated a transitory charter known as the “Freedom Constitution” which did not affect the composition and powers of the Supreme Court. The Freedom Charter was replaced by the 1987 Constitution which is the fundamental charter in force in the Philippines at present. Section 1 Article VIII of the Constitution vests the judicial power “in one Supreme Court and in such lower courts as may be established by law.”
[edit] Writ of Amparo
On August 17, 2007, Puno said that the writ of amparo (Spanish for protection), would strip the military of the defense of denial (Volunteers Against Crime and Corruption's 9th anniversary celebration at Camp Crame). Under the writ, families of victims will have the right to access information on their cases -- a constitutional right called the "habeas data" common in several Latin America countries. The final version of the rule, which will be made retroactive, will come out by next month. Puno stated that "In other words, if you have this right, it would be very, very difficult for State agents, State authorities to be able to escape from their culpability."[13][14]
On September 15, 2007, lawyer Neri Javier Colmenares (National Union of People’s Lawyers) announced that the Supreme Court of the Philippines committee on the revision of rules drafted the writ of amparo rules, which will be promulgated in October. The writ of amparo (Spanish for protection) is a defense to prevent extrajudicial killings and enforced disappearances. As supplement, recourse to “Habeas Data,” to grant the right of access information on desaparecidos, will also be provided.[15]
[edit] Historical promulgation of Writ of Amparo
On September 25, 2007, Chief Justice Reynato Puno officially announced the Supreme Court of the Philippines' approval or promulgation of the Writ of Amparo: "Today, the Supreme Court promulgated the rule that will place the constitutional right to life, liberty and security above violation and threats of violation. This rule will provide the victims of extralegal killings and enforced disappearances the protection they need and the promise of vindication for their rights. This rule empowers our courts to issue reliefs that may be granted through judicial orders of protection, production, inspection and other relief to safeguard one's life and liberty The writ of amparo shall hold public authorities, those who took their oath to defend the constitution and enforce our laws, to a high standard of official conduct and hold them accountable to our people. The sovereign Filipino people should be assured that if their right to life and liberty is threatened or violated, they will find vindication in our courts of justice."[16]
A.M. No. 07-9-12-SC, THE RULE ON THE WRIT OF AMPARO
The Resolution and the Rule on the Writ of Amparo gave legal birth to Puno's brainchild.[17][18][19] No filing or legal fees is required for Amparo which takes effect on October 24 in time for the 62nd anniversary of the United Nations. Puno also stated that the court will soon issue rules on the writ of Habeas Data and the implementing guidelines for Habeas Corpus. The petition for the writ of amparo may be filed "on any day and at any time" with the Regional Trial Court, or with the Sandiganbayan, the Court of Appeals, and the Supreme Court. The interim reliefs under amparo are: temporary protection order (TPO), inspection order (IO), production order (PO), and witness protection order (WPO, RA 6981).[20]
International criticism
On September 28, 2007, the Asian Human Rights Commission (AHRC) criticized the Writ of Amparo and Habeas Data (Philippines) for being insufficient: "Though it responds to practical areas it is still necessary that further action must be taken in addition to this. The legislative bodies, House of Representatives and Senate, should also initiate its own actions promptly and without delay. They must enact laws which ensure protection of rights—laws against torture and enforced disappearance and laws to afford adequate legal remedies to victims." AHRC objected since the writ failed to protect non-witnesses, even if they too face threats or risk to their lives.[21]
Habeas Data
On August 30, 2007, Puno (in a speech at Silliman University in Dumaguete City, Negros Oriental) vowed to institute the writ of habeas data (“you should have the idea” or “you should have the data”) a new legal remedy to the extrajudicial killings and enforced disappearances. Puno explained that the writ of amparo denies to authorities defense of simple denial, and habeas data can find out what information is held by the officer, rectify or even the destroy erroneous data gathered. Brazil used the writ, followed by Colombia, Paraguay, Peru, Argentina and Ecuador.[22]
On January 22, 2008, the Supreme Court En Banc approved the rules for the writ of Habeas Data ("to protect a person’s right to privacy and allow a person to control any information concerning them"), effective on February 2, the Philippines’ Constitution Day.[23]
[edit] Filipino language
[edit] Bulacan Courts
Since the courts' creation, English had been used in court proceedings. But for the first time in Philippine judicial history, or on August 22, 2007, three Malolos City regional trial courts in Bulacan will use Filipino, to promote the national language. 12 stenographers from Branches 6, 80 and 81, as model courts, had undergone training at Marcelo H. del Pilar College of Law of Bulacan State University College of Law following a directive from the Supreme Court of the Philippines. De la Rama said it was the dream of Chief Justice Reynato Puno to implement the program in other areas such as Laguna, Cavite, Quezon, Nueva Ecija, Batangas, Rizal and Metro Manila.[24]
[edit] P 24.3-M Judiciary Funds COA Controversy
On November 26, 2007, the Supreme Court had been accused of violating (Executive Order 292) for failing to remit P 24.3 million in judiciary funds to the national treasury. The Commission on Audit's annual report stated that the Supreme Court of the Philippines earned P 21.4 million (interest of fiduciary funds) and P2.9 million (confiscated bonds) and it demanded that the Supreme Court should require clerks of court to remit the amounts to the Bureau of Treasury (Executive Order 292).[25]
[edit] Green court
On January 14, 2008, the 2007 international environmental conference at the EDSA Shangri-La hotel by the Asian Environmental Compliance and Enforcement Network (AECEN) prompted the Philippine Judicial Academy to recommend to the Supreme Court of the Philippines, approval of the resolution creating 117 environmental or "green courts." It designated 45 lower courts as Forestry Courts; 48 first level courts and 24 second level trial courts will handle cases on violations of Republic Act 8550 (Fisheries Code) and Republic Act 7586, the National Integrated Protected Areas System (NIPAS) Act of 1992. 3120 cases dealing with violations of environmental laws are pending in courts.[26] Meanwhile, on January 11, 2008, Reynato Puno led the panelists at the launching of the National Bible Week (NBW) and the National Bible Sunday 2008 Celebration at Josiah’s Restaurant, Philippine Bible Society (PBS) Ministry House in United Nations Avenue, Manila. The theme was "God’s Word: Source of Justice, Reconciliation, and Peace."[27] On January 12, 2008, Reynato S. Puno delivered his inaugural lecture in the University of the Philippines Los Baños (UPLB) Presidential Lecture Series 2008-2010, on “The Legacy and Relevance of Pres. Jose P. Laurel” at the DL Umali Hall, UPLB, Laguna.[28]
[edit] The Philippine Court System
- Court of Appeals
- Regional Trial Courts
- Metropolitan Trial Courts
- Municipal Trial Courts in Cities
- Municipal Trial Courts
- Municipal Circuit Trial Courts
- Shari'a District Courts
- Shari'a Circuit Courts
- Regional Trial Courts
- Sandiganbayan
- Court of Tax Appeals
[edit] See also
- Chief Justice of the Philippines
- Associate Justice of the Supreme Court of the Philippines
- Philippines
- Political History of the Philippines
- Constitution of the Philippines
- Judicial Executive Legislative Advisory and Consultative Council (JELAC)
[edit] External links
- Philippines: Gov.Ph: About the Philippines – Justice category
- The Supreme Court of the Philippines – Official website
- i-site.ph – Personal information on the Justices of the Supreme Court
- History of the Supreme Court
- www.gmanews.tv, List of 15 JUDGES KILLED SINCE 1999</ref>
- www.manilatimes.net, Manila Times List of 15 JUDGES KILLED SINCE 1999</ref>
- Inquirer.net, SC issues circular urging fines, not jail, for libel NUJP to Congress: Decriminalize libel
[edit] Notes
- ^ See Section 6, Article VIII, Constitution
- ^ See Section 7(1), Article VIII, Constitution
- ^ See Section 7(3), Article VIII, Constitution
- ^ See Section 9, Article VIII, Constitution
- ^ Changed to 65 during 1973-1978, but since restored to 70.
- ^ See Sections 5(4) & (5), Article VIII, Constitution
- ^ See Sections 5(5), Article VIII, Constitution
- ^ See J. Bernas, The 1987 Constitution of the Republic of the Philippines: A Commentary (1996 ed.), at 831
- ^ See Section 9, Article VIII, Constitution
- ^ See Section 6, Rule 45, 1997 Rules on Civil Procedure
- ^ See" Sections 1, 2, & 3, Rule 65, 1997 Rules of Civil Procedure
- ^ See, e.g., Toh v. CA, G.R. No. 140274, November 15, 2000.
- ^ Inquiret.net, Military can’t shrug off killings--Chief Justice
- ^ ABS-CBN Interactive, SC ready with writ of amparo by Sept - Puno
- ^ Inquirer.net, Rules on writ of amparo out next month--SC
- ^ Inquirer.net, SC approves use of writ of amparo
- ^ Supremecourt.gov.ph, A.M. No. 07-9-12-SC, THE RULE ON THE WRIT OF AMPARO
- ^ S.C. Resolution, A.M. No. 07-9-12-SC, THE RULE ON THE WRIT OF AMPARO
- ^ Supremecourt.gov.ph, SC Approves Rule on Writ of Amparo
- ^ GMA NEWS.TV, SC approves rule on writ of amparo vs extralegal killings
- ^ GMA NEWS.TV, Writ of amparo not enough – Hong Kong rights group
- ^ Inquirer.net, Habeas data: SC’s new remedy vs killings, disappearances
- ^ newsinfo.inquirer.net/breakingnews, Supreme Court okays rules of ‘habeas data’
- ^ Inquirer.net, 3 Bulacan courts to use Filipino in judicial proceedings
- ^ Abs-Cbn Interactive, SC failed to remit P24.3-M judiciary funds – COA
- ^ Abs-Cbn Interactive, SC approves creation of 117 environmental courts
- ^ supremecourt.gov.ph, Chief Justice Puno Leads National Bible Week
- ^ www.supremecourt.gov.ph, CJ Puno Opens UPLB Presidential Lecture Series
| The Puno Court |  |
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| Reynato S. Puno (2006-present) | ||
| March 17, 2008– present: | L. Quisumbing | C. Ynares-Santiago | A. Carpio | A. Austria-Martinez | R. Corona | C. Carpio-Morales | A. Azcuna | D. Tinga | M. Chico-Nazario | P. Velasco, Jr. | A. Nachura| R. Reyes | T. Leonardo-de Castro | A. Brion | |
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