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The Supreme Court ( fil, Kataas-taasang Hukuman; colloquially referred to as the ''Korte Suprema'' lso used in formal writing is the highest court in the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
. The Supreme Court was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the '' Real Audiencia de Manila'', the predecessor of the Supreme Court. The Supreme Court compound, which sits in what is formerly a part of the
University of the Philippines Manila The University of the Philippines Manila (UPM) is a state-funded medical and research university located in Ermita, Manila, Philippines. It is known for being the country's center of excellence in the health sciences, including health profess ...
campus, occupies the corner of Padre Faura Street and
Taft Avenue Taft Avenue ( fil, Abenida Taft; es, Avenida Taft) is a major road in the south of Metro Manila. It passes through three cities in the metropolis: Manila, Pasay and Parañaque. The road was named after the former Governor-General of the Philippin ...
in Ermita,
Manila Manila ( , ; fil, Maynila, ), officially the City of Manila ( fil, Lungsod ng Maynila, ), is the capital of the Philippines, and its second-most populous city. It is highly urbanized and, as of 2019, was the world's most densely populated ...
, with the main building directly in front of the Philippine General Hospital’s cancer institute.


History


Pre-hispanic period

Prior to the conquest of Spain, the islands of the Philippines were composed of independent
barangay A barangay (; abbreviated as Brgy. or Bgy.), historically referred to as barrio (abbreviated as Bo.), is the smallest administrative division in the Philippines and is the native Filipino term for a village, district, or ward. In metropolita ...
s, each of which is community composed of 30 to 100 families. Typically, a barangay is headed by a ''
datu ''Datu'' is a title which denotes the rulers (variously described in historical accounts as chiefs, sovereign princes, and monarchs) of numerous indigenous peoples throughout the Philippine archipelago. The title is still used today, especial ...
'' or a local chief who exercises all functions of government—executive, legislative and judicial; he is also the commander-in-chief in times of war. Each barangay has its own laws. Laws may be oral laws, which are the traditions and customs of the locality handed down from a generation to generation, or written laws as promulgated by the ''datu'' who is typically aided by a group of elders. In a confederation of barangays, the laws are promulgated by a superior ''datu'' with the aid of the inferior ''datus''. In a resolution of dispute, the ''datu'' acts as a judge while a group of elders sits as a jury. If a dispute is between ''datus'' or between members of different barangays, the dispute is settled through arbitration with some other ''datus'' or elders, serving as arbiters or mediators, from other barangays. All trials are held public. When a ''datu'' is in doubt if who between the parties are guilty, the trial is resorted to
trial by ordeal Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience. In medieval Europe, like trial by combat, t ...
—a common practice in criminal cases. An accused who was innocent was always perceived to be always successful in such ordeals, because the deities or gods of these pre-Hispanic people made the said accused do so.


Hispanic period

In the royal order of August 14, 1569, Miguel López de Legazpi was confirmed as the
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
and
Captain-General Captain general (and its literal equivalent in several languages) is a high military rank of general officer grade, and a gubernatorial title. History The term "Captain General" started to appear in the 14th century, with the meaning of Command ...
of the Philippines. He was empowered to administer civil and criminal justice in the islands. Under the same order, Legazpi had original and appellate jurisdiction in all suits and constituted in his person all authority of a department of justice, with complete administrative and governmental control of all judicial offices. In subsequent '' cédulas'' and royal orders, it was made the duty of all officials to enforce all laws and ordinances issued for the benefits of the locals, but these were not made to have been done. In a 1583 letter written by
Bishop A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ...
Domingo de Salazar to King Philip II, Bishop Salazar noted the different acts of oppression and injustice committed against the native Filipinos and that the decrees of the King, which were designed to protect them, were generally disregarded by the Governor-General and his subordinates. As a result of these developments, the first ''
real audiencia A ''Real Audiencia'' (), or simply an ''Audiencia'' ( ca, Reial Audiència, Audiència Reial, or Audiència), was an appellate court in Spain and its empire. The name of the institution literally translates as Royal Audience. The additional de ...
'' (which is the '' Real Audiencia of Manila'') or high court was established in the Philippines through the royal decree of May 5, 1583. The decree stated that "the court is founded in the interests of good government and the administration of justice, with the same authority and preeminence as each of the royal audiencias in the town of Valladolid and the city of Granada. The audiencia was composed of a president, three '' oidores'' or auditors, a fiscal or prosecuting attorney, and the necessary auxiliary officials, such as the court's secretaries and clerks. The first president was Governor-Captain General Santiago de Vera. The ''Real Audiencia of Manila'' had a jurisdiction covering
Luzon Luzon (; ) is the largest and most populous island in the Philippines. Located in the northern portion of the Philippines archipelago, it is the economic and political center of the nation, being home to the country's capital city, Manila, as ...
and the rest of the archipelago. It was given an appellate jurisdiction over all civil and criminal cases decided by the governors, ''alcaldes mayores'' and other magistrates of the islands. The ''audiencia'' may only take cognizance of a civil case in its first instance when, on account of its importance, the amount involved and the dignity of the parties might be tried in a superior court; and of criminal cases which may arise in the place where the ''audiencia'' might meet. The decisions of the audiencia in both civil and criminal cases were to be executed without any appeal, except in civil cases were the amount was so large as to justify an appeal to the King; such appeal to the King must be made within one year. All cases were to be decided by a majority vote, and in case of a tie, an advocate was chosen for the determination of the case. The ''audiencia'' would later on be dissolved through the royal ''cédula'' of August 9, 1589. The ''audiencia'' would later on be reestablished through the royal decree of May 25, 1596, and on May 8, 1598, it had resumed its functions as a high court. By its reestablishment, the ''audiencia'' was composed of a president as represented by the governor, four associate justices, prosecuting attorney with the office of protector of the Indians, the assistant prosecuting officers, a reporter, clerk and other officials. By a royal order of March 11, 1776, the ''audiencia'' was reorganized; it consisted of the president, a regent, the immediate head of the ''audiencia'', five ''oidores'' or associate justices, two assistant prosecuting attorneys, five subordinate officials, and two reporters. It had also been allowed to perform the duties of a probate court in special cases. When the high court is acting as administrative or advisory body, the ''audiencia'' acted under the name of ''real acuerdo''. Later on the governor-general was removed as the president of the ''audiencia'' and the ''real acuerdo'' was abolished by virtue of the royal decree of July 4, 1861. The same royal decree converted the court to a pure judicial body, with its decisions appealable to the Supreme Court of Spain. By the royal decree of October 24, 1870, the ''audiencia'' was branched into two chambers; these two branches were later renamed as ''sala de lo civil'' and ''sala de lo criminal'' by virtue of royal decree of May 23, 1879. On February 26, 1886, the territorial ''audiencia'' of
Cebu Cebu (; ceb, Sugbo), officially the Province of Cebu ( ceb, Lalawigan sa Sugbo; tl, Lalawigan ng Cebu; hil, Kapuroan sang Sugbo), is a province of the Philippines located in the Central Visayas region, and consists of a main island and 16 ...
was established through a royal decree, and covers the jurisdiction of the islands of Cebu,
Negros Negros is the fourth largest and third most populous island in the Philippines, with a total land area of . Negros is one of the many islands of the Visayas, in the central part of the country. The predominant inhabitants of the island region a ...
, Panay,
Samar Samar ( ) is the third-largest and seventh-most populous island in the Philippines, with a total population of 1,909,537 as of the 2020 census. It is located in the eastern Visayas, which are in the central Philippines. The island is divided in ...
, Paragua,
Calamianes The Calamian Islands or the Calamianes is a group of islands in the province of Palawan, Philippines. It includes: * Busuanga Island * Coron Island * Culion Island * Calauit Island * Malcapuya Island * Banana Island * Pass Island * Calumbuyan I ...
, Masbate, Ticao,
Leyte Leyte ( ) is an island in the Visayas group of islands in the Philippines. It is eighth-largest and sixth-most populous island in the Philippines, with a total population of 2,626,970 as of 2020 census. Since the accessibility of land has be ...
, Jolo and Balabac, including the smaller and adjacent islands of aforementioned islands. By January 5, 1891, a royal decree had established the territorial ''audiencias'' of Manila and Cebu. By virtue of a royal decree, the territorial audiencia in Cebu continued until May 19, 1893 when it ceased to be territorial; its ''audiencia'' for criminal cases, however, was retained. From the same royal decree, the ''audiencia'' in Vigan was established and covers criminal cases in Luzon and Batanes. These courts decisions are not considered final as they are still appealable to the ''Audiencia Territorial of Manila'' and those of the audiencia to the Supreme Court of Spain. These ''audiencias'' would still continue to operate even until the outbreak of the Filipino rebellion in 1896.


American period

From the start of the American occupation on August 13, 1898, the ''audiencias'' of Cebu and Vigan ceased to function as the judges fled for safety. The following day, Wesley Merritt, the first American Military Governor, ordered the suspension of the territorial jurisdiction of the colonial Real Audiencia of Manila, and of other minor courts in the Philippines. All trial of committed crimes and offenses were transferred to the jurisdiction of the court-martial or military commissions of the United States. On October 7, 1898, the civil courts throughout the islands that were constituted under Spanish laws prior to August 13 were permitted to resume their civil jurisdiction but subject to supervision of the American military government. Later on in January 1899, the civil jurisdiction of the ''audiencia'' in Manila was suspended but was restored in May 29, 1899 after it was reestablished as the Supreme Court of the Philippine Islands under General Order No. 40. The criminal jurisdiction was also restored to the newly reformed civil high court. On June 11, 1901, the current Supreme Court was officially established through enactment of Act No. 136, otherwise known as the
Judiciary Law The ''Consolidated Laws of the State of New York'' are the codification of the permanent laws of a general nature of New York enacted by the New York State Legislature. It is composed of several chapters, or laws. New York uses a system called ...
of the Second
Philippine Commission The Philippine Commission was the name of two bodies, both appointed by the president of the United States, to assist with governing the Philippines. The first Philippine Commission, also known as the Schurman Commission, was appointed by Preside ...
. The said law reorganized the judicial system and vested the judicial power to the Supreme Court, Courts of First Instance and Justice of the Peace courts. The said law also provided for the early composition of the said High Court, having one Chief Justice and six Associate Justices—all appointed by the commission. The Philippine Organic Act of 1902 and the Jones Act of 1916, both passed by the U.S. Congress, ratified the jurisdiction of the Courts vested by Act No. 136. The Philippine Organic Act of 1902 further provides that the Chief Justice of the Supreme Court and its six Associate Justices shall be appointed by the
President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal gove ...
with the consent and advice of the U.S. Senate. The enactment of the Administrative Code of 1917 made the Supreme Court the highest tribunal. It also increased the total membership of the Supreme Court, having one Chief Justice and eight Associate Justices.


Commonwealth period

With the establishment of the Commonwealth of the Philippines through the ratification of the 1935 Constitution, the Supreme Court's composition was increased to eleven, with one Chief Justice and ten Associate Justices. The 1935 Constitution provided for the independence of the judiciary, the security of tenure of its members, prohibition on diminution of compensation during their term of office, and the method of removal of the justices through
impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
. The Constitution also transferred the rule-making of the legislature to the Supreme Court on the power to promulgate rules concerning pleading, practice, court procedures, and admission to the practice of law.


Japanese occupation

Within the brief
Japanese occupation of the Philippines The Japanese occupation of the Philippines ( Filipino: ''Pananakop ng mga Japones sa Filipinas''; ja, 日本のフィリピン占領, Nihon no Firipin Senryō) occurred between 1942 and 1945, when Imperial Japan occupied the Commonwealth of t ...
, the Court remained with no substantial changes in its organizational structure and jurisdiction. However, some acts and outlines of the Court were required to be approved first by the Military Governor of the Imperial Japanese Force. In 1942, José Abad Santos—the fifth Chief Justice of the Supreme Court—was executed by Japanese troops after refusing to collaborate with the Japanese military government. He was captured on April 11, 1942 in the province of
Cebu Cebu (; ceb, Sugbo), officially the Province of Cebu ( ceb, Lalawigan sa Sugbo; tl, Lalawigan ng Cebu; hil, Kapuroan sang Sugbo), is a province of the Philippines located in the Central Visayas region, and consists of a main island and 16 ...
and was executed on May 7, 1942 in the town of
Malabang Malabang, officially the Municipality of Malabang (Maranao: ''Inged a Malabang''; tl, Bayan ng Malabang), is a 3rd class municipality in the province of Lanao del Sur, Philippines. According to the 2020 census, it has a population of 49,088 peop ...
in Lanao del Sur.


Independence and postwar period

After the end of the Japanese occupation during World War II, Philippines was granted its independence on July 4, 1946 from the United States. The grant of independence was made through the Treaty of Manila of 1946. In the said treaty, it provides that: In effect of the treaty, the United States Supreme Court ceased to have appellate power to review cases originating from the Philippines after its independence, with exception of those cases pending before the United States Supreme Court filed prior to the country's independence. On June 17, 1948, the Judiciary Act of 1948 was enacted. The law grouped cases together over which the high court could exercise its exclusive jurisdiction to review on appeal, ''certiorari'', or writ of error. In 1973, the 1935 Constitution was revised and was replaced by the 1973 Constitution. Under the said Constitution, the membership of the court was increased to its current number, which is fifteen. All members are said to be appointed by the President alone, without consent, approval, or recommendation of a body or officials. The 1973 Constitution also vested in the Supreme Court administrative supervision over all lower courts which heretofore was under the Department of Justice. The martial law period brought in many legal issues of transcendental importance and consequence: some of which were the legality of the ratification of the 1973 Constitution, the assumption of the totality of government authority by President Marcos, the power to review the factual basis for a declaration of Martial Law by the Chief Executive.


Post–EDSA revolution and present

After the overthrow of
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Ferdinand Marcos in 1986, President Corazon 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 A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
which is the fundamental charter in force in the Philippines at present. Under the current Constitution, it retained and carried the provision in the 1935 and 1973 Constitutions that "judicial power is vested in one Supreme Court and in such lower courts as may be established by law." However, unlike the previous Constitutions, the current Constitution expanded the Supreme Court's judicial power by defining it in the second paragraph of Section 1, Article VIII as: The definition, in effect, diluted the political question doctrine, that it is best to submit specific questions or issues specific questions to the political wisdom of the people, and thus, as a result, are beyond the review of the courts. Furthermore, the present Constitution provided for safeguards to ensure the independence of the Judiciary. It also provided for the Judicial and Bar Council, a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts.


Overview


Qualifications

According to the Constitution, for a person to be appointed to the Supreme Court, he must be: # a natural-born citizen of the Philippines; # at least forty years of age, and # have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines. An additional constitutional requirement, though less precise in nature, is that a judge "must be a person of proven competence, integrity, probity, and independence."


Composition and manner of appointment

Pursuant to Article VIII of the 1987 Constitution of the Philippines, the Court is composed of the Chief Justice and of the fourteen Associate Justices, all of whom are appointed by the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
from a list of nominees made by the Judicial and Bar Council. An appointment to the Supreme Court needs no confirmation of the Commission on Appointments as the nomination is already vetted by the Judicial and Bar Council, a constitutionally-created body which recommends appointments within the judiciary. Upon a vacancy in the Court, whether for the position of Chief Justice or Associate Justice, the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
fills the vacancy by appointing a person from a list of at least 3 nominees prepared by the Judicial and Bar Council.


Retirement

The 1987
Constitution of the Philippines The Constitution of the Philippines ( Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'', Spanish: ''Constitución de la República de Filipinas'') is the constitution or the supreme law of the Republic of the Philippin ...
provides that: Supreme Court Justices are obliged to retire upon reaching the mandatory retirement age of 70. Some Justices have 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 The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and ...
and
Alicia Austria-Martinez Maria Alicia Austria-Martinez (born Maria Alicia Austria; December 19, 1940) is a Filipino jurist who served as an Associate Justice of the Supreme Court of the Philippines from 2002 to 2009. She was appointed to the Court by President Gloria Maca ...
who retired at 68 due to health reasons. Since 1901, Associate Justice Austria-Martinez was one of the first to opt for an early retirement from the service. In September 2008, Justice Martinez, citing health reasons, filed a letter with the Court through Chief Justice
Reynato Puno Reynato Puno y Serrano, KGCR ( Filipino: ''Reynato Serrano Puno''; born May 17, 1940) is a Filipino jurist. He served as the 22nd Chief Justice of the Supreme Court of the Philippines from December 8, 2006 by President Gloria Macapagal Arroyo un ...
, informing her colleagues of her intention to avail of early
retirement Retirement is the withdrawal from one's position or occupation or from one's active working life. A person may also semi-retire by reducing work hours or workload. Many people choose to retire when they are elderly or incapable of doing their j ...
effective April 30, 2009, or 15 months before her compulsory retirement on December 19, 2010. This was followed by Justice Martin Villarama Jr., who also retired prior to the age of 70 in January 2016 due to health reasons.


Seat

The Supreme Court currently meets at the Supreme Court Main Building along Padre Faura Street, between the Department of Justice and the
University of the Philippines Manila The University of the Philippines Manila (UPM) is a state-funded medical and research university located in Ermita, Manila, Philippines. It is known for being the country's center of excellence in the health sciences, including health profess ...
’s Rizal Hall. The Court first met in 1901 at the
Ayuntamiento de Manila The Ayuntamiento de Manila (Manila City Hall) is a building located at the corner of Andrés Soriano Avenue (formerly, ''Calle Aduana'') and Cabildo Street, fronting Plaza de Roma in Intramuros, Manila, Philippines. Also known as the Casas Consis ...
in Plaza Roma,
Intramuros Intramuros (Latin for "inside the walls") is the historic walled area within the city of Manila, the capital of the Philippines. It is administered by the Intramuros Administration with the help of the city government of Manila. Present-day ...
with the Salas De Sessiones serving as the Session Hall. The Court eventually transferred to the Old Legislative Building together with Philippine Legislature in 1941 under Chief Justice
José P. Laurel José Paciano Laurel y García (; March 9, 1891 – November 6, 1959) was a Filipino politician, lawyer, and judge, who served as the president of the Japanese-occupied Second Philippine Republic, a puppet state during World War II, from 194 ...
. During
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...
, the Court temporarily transferred to Mabini Hall of the Malacañang Palace due to the destruction of the Old Legislative Building and the Ayuntamiento. In 1951, the Court transferred back to what is now the Court’s Old Building, originally built to house of School of Fine Arts and Conservatory of Music of the University of the Philippines. The façade of this building displays the busts of the first nine Chief Justices of the Supreme Court and the statues of Lady Justice and Moses at its entrance. The Court transferred to its current address in 1991, after the Department of Foreign Affairs, which previously occupied the edifice, transferred to Roxas Boulevard, Pasay City. The current main building of the Supreme Court was designed by the Filipino architect Antonio Toledo in accordance to the 1905 Burnham Plan of Manila. The four pillars at the façade of the Supreme Court represent the four levels of the hierarchy of the judiciary. The bronze statues of the seated figures of Chief Justices Cayetano Arellano and José Abad Santos guard each side of the entrance to the Court. Upon entering the building, the main lobby features the logo of the Court in the middle. To the right is the Dignitaries' Lounge and to the left is the Division Hearing Room. The second floor houses the portrait gallery of chief justices and the session hall. Since 1948, The Supreme Court has held its summer sessions in
Baguio Baguio ( , ), officially the City of Baguio ( ilo, Siudad ti Baguio; fil, Lungsod ng Baguio), is a 1st class highly urbanized city in the Cordillera Administrative Region, Philippines. It is known as the "Summer Capital of the Philippines", ...
during the whole month of April. The Court is currently in the planning process for its eventual transfer to its new and permanent site.


Language

Since the courts' creation, English had been used in court proceedings. But for the first time in Philippine judicial history on August 22, 2007, three Malolos City regional trial courts in
Bulacan Bulacan, officially the Province of Bulacan ( tl, Lalawigan ng Bulacan), is a province in the Philippines located in the Central Luzon region. Its capital is the city of Malolos. Bulacan was established on August 15, 1578, and part of the Me ...
announced that will use only Filipino in court proceedings to promote the national language. Twelve 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 Bulacan State University (BulSU or BSU; fil, Pamantasang Pampamahalaan ng Bulacan) is a public university in Bulacan province, Philippines. Its main campus is in Malolos. BulSU or BSU originated as a secondary school in 1904 ran by the Americ ...
College of Law following a directive from the Supreme Court of the Philippines. Chief Justice
Reynato Puno Reynato Puno y Serrano, KGCR ( Filipino: ''Reynato Serrano Puno''; born May 17, 1940) is a Filipino jurist. He served as the 22nd Chief Justice of the Supreme Court of the Philippines from December 8, 2006 by President Gloria Macapagal Arroyo un ...
envisioned to implement the policy in other areas such as Laguna,
Cavite Cavite, officially the Province of Cavite ( tl, Lalawigan ng Kabite; Chavacano: ''Provincia de Cavite''), is a province in the Philippines located in the Calabarzon region in Luzon. Located on the southern shores of Manila Bay and southw ...
,
Quezon Quezon, officially the Province of Quezon ( tl, Lalawigan ng Quezon), is a province in the Philippines located in the Calabarzon region on Luzon. Kalilayan was the first known name of the province. It was later renamed Tayabas. In honor of the ...
,
Nueva Ecija Nueva Ecija, officially the Province of Nueva Ecija ( tgl, Lalawigan ng Nueva Ecija , also ; ilo, Probinsia ti Nueva Ecija; pag, Luyag/Probinsia na Nueva Ecija; Kapampangan: ''Lalawigan/Probinsia ning Nueva Ecija''), is a landlocked province ...
,
Batangas Batangas, officially the Province of Batangas ( tl, Lalawigan ng Batangas ), is a province in the Philippines located in the Calabarzon region on Luzon. Its capital is the city of Batangas, and is bordered by the provinces of Cavite and L ...
, Rizal, and
Metro Manila Metropolitan Manila (often shortened as Metro Manila; fil, Kalakhang Maynila), officially the National Capital Region (NCR; fil, link=no, Pambansang Punong Rehiyon), is the capital region, seat of government and one of three List of metrop ...
. Spanish has also been used in court proceedings, particularly in the years prior to Philippine independence, with a number of cases having decisions written in the language. Although Spanish is no longer used in the court system, the language has influenced existing Philippine legal terminology.


Session opening announcement

The wording of the session opening announcement, below, is similar to that used by the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over Stat ...
. However, several key passages from the U.S. Supreme Court are omitted, including "are admonished to draw near and give their attention" and "God save (name of country) and this Honorable Court." The prewar Philippine Supreme Court tried to inject these passages, but were prohibited from doing so by the American colonial government in Manila. Notable in the Philippine version of the chant is the use of the more familiar term " hear ye" over the archaic Law French term oyez.
The honorable, the Chief Justice and the Associate Justices of the Supreme Court of the Philippines. Hear ye, hear ye, hear ye! All persons having business before the honorable Supreme Court of the Philippines shall give their attention, for the Court is now in session.
After the announcement, the Chief Justice bangs the
gavel A gavel is a small ceremonial mallet commonly made of hardwood, typically fashioned with a handle. It can be used to call for attention or to punctuate rulings and proclamations and is a symbol of the authority and right to act officially in the ...
, and typically, first calls the clerk of court, who describes the first case on the calendar and calls the attorneys who will be making oral arguments to speak.Oral argument in '' Disini v. Secretary of Justice''

/ref>


Powers and jurisdiction


Adjudicatory powers

The powers of the Supreme Court are defined in Article VIII of the Constitution of the Philippines, 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. 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. The more prominent role of the Court is located 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 judicial power is vested in "one Supreme Court and in such lower courts as may be established by law." This judicial power is exercised through the judiciary's primary role of adjudication, which includes the "duty of the 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 Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...
, 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 President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Ferdinand Marcos. 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.


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 that the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...
establishes "original jurisdiction" with the Supreme Court. Under Section 5(1), Article VIII of the Constitution, they 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 Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholi ...
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." However, notwithstanding the grant of original jurisdiction, the Court has, through the years, assigned to lower courts such as the
Court of Appeals A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...
the power to hear petitions for certiorari, prohibition, mandamus, quo warranto and
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, ...
. 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 for which 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."


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 A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much ...
, 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 The Court of Tax Appeals ( fil, Hukuman ng Apelasyon sa Buwis) is the special court of limited jurisdiction, and has the same level with the Court of Appeals. The court consists of 8 Associate Justices and 1 Presiding Justice. The Court of Tax ...
. 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". 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.


Rule-making power

The Supreme Court has the exclusive power to 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. Any such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of 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. (Art. VIII, §54(5))


Writs of ''amparo'' and ''habeas data''

The Supreme Court approved the Writ of Amparo on September 25, 2007. The writ of amparo (Spanish for protection) strips the military of the defense of simple denial. Under the writ, families of victims have the right to access information on their cases—a constitutional right called the "''habeas data''" common in several Latin American countries. The rule is enforced retroactively. Chief Justice Puno stated that "If you have this right, it would be very, very difficult for State agents, State authorities to be able to escape from their culpability." The Resolution and the Rule on the Writ of Amparo gave legal birth to Puno's brainchild. No filing or
legal fees Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney ( lawyer or law firm) for a client, in or out of court. It may be an hourly, flat-rate or contingent fee. Recent studies suggest that whe ...
is required for Amparo which took effect on October 24, 2007. Puno also stated that the court will soon issue rules on the writ of
habeas data ''Habeas data'' is a writ and constitutional remedy available in certain nations. The literal translation from Latin of ''habeas data'' is “ e commandyou have the data,” or "you he data subjecthave the data." The remedy varies from country ...
and the implementing guidelines for
Habeas Corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, ...
. 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). The
Asian Human Rights Commission The Asian Human Rights Commission (AHRC) is an independent, non-governmental body that promotes human rights in Asia and mobilizes Asian and international public opinion to obtain relief and redress for the victims of human rights violations. I ...
said that amparo and habeas data need to be complemented by laws to further protect human rights, since the writs in themselves are not enough to address torture,
enforced disappearance An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organi ...
, and extrajudicial killings, and do not include protection for non-witnesses. On August 30, 2007, Puno vowed to institute the ''writ of habeas data'' as a new legal remedy to the
extrajudicial killing An extrajudicial killing (also known as extrajudicial execution or extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, whethe ...
s 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. 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.


Divisions

The Court is authorized to sit either '' en banc'' or in divisions of three, five or seven members. Since 1987, the Court has divided itself into 3 divisions with 5 members each. A 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'' " l 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". 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. Formerly under the 1935, 1973 and the 1986 Freedom Constitutions, the Court is authorized only to sit either ''en banc'' or in divisions of two. On February 24, 2022, Alexander Gesmundo, the Chief Justice issued Special Order No. 2871 reorganised the Divisions of the Supreme Court, this was published on the same day and took effect immediately, With him as the Chairman of the First Division, and Associate Justice Hernando as its working chair, the other chairmanships were given to Senior Associate Justice Leonen (2nd Division) and Caguioa (3rd Division), this reorganization came immediately after the appointment of Justice Singh on May 18, 2022.


Membership


Current justices

The Supreme Court consists of a chief justice and fourteen associate justices. Among the current members of the Court,
Marvic Leonen Marvic Mario Victor Famorca Leonen (born December 29, 1962) is the Senior associate justice of the Supreme Court of the Philippines since May 14, 2022 upon the retirement of Senior Associate Justice Estela Perlas-Bernabe. He became an associate ...
is the longest-serving justice, with a tenure of days () as of ; the most recent justice to enter the court is Maria Filomena Singh whose tenure began on .


Public perception


Judicial corruption

On January 25, 2005, and on December 10, 2006,
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
Social Weather Stations released the results of its two surveys on corruption in the
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
; it published that: a) like 1995, 1/4 of lawyers said many/very many judges are corrupt. But (49%) stated that judges received bribes, just 8% of lawyers admitted they reported the bribery, because they could not prove it. ables 8–9 judges, however, said, just 7% call many/very many judges as corrupt ables 10–11b) "Judges see some corruption; proportions who said – many/very many corrupt judges or justices: 17% in reference to RTC judges, 14% to MTC judges, 12% to Court of Appeals justices, 4% i to Shari'a Court judges, 4% to Sandiganbayan justices and 2% in reference to Supreme Court justices able 15 The September 14, 2008, Political and Economic Risk Consultancy ( PERC) survey, ranked the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
6th (6.10) among corrupt Asian judicial systems. PERC stated that "despite India and the Philippines being democracies, expatriates did not look favourably on their judicial systems because of corruption." PERC reported
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a List of cities in China, city and Special administrative regions of China, special ...
and
Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, bor ...
have the best judicial systems in
Asia Asia (, ) is one of the world's most notable geographical regions, which is either considered a continent in its own right or a subcontinent of Eurasia, which shares the continental landmass of Afro-Eurasia with Africa. Asia covers an are ...
, with Indonesia and Vietnam the worst: Hong Kong's judicial system scored 1.45 on the scale (zero representing the best performance and 10 the worst); Singapore with a grade of 1.92, followed by Japan (3.50), South Korea (4.62), Taiwan (4.93), the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
(6.10), Malaysia (6.47), India (6.50), Thailand (7.00), China (7.25), Vietnam's (8.10) and Indonesia (8.26).< In 2014, Transparency International Corruption Perceptions Index (global survey ranking countries in terms of perceived corruption), the Philippines ranked 85th out of 175 countries surveyed, an improvement from placing 94th in 2013. It scored 38 on a scale of 1 to 100 in the Corruption Perceptions Index (CPI). The Philippines jumped nine places in the recently published World Justice Project (WJP) Rule of Law Index 2015, making it one of the most improved countries in terms of global rankings. It ranked 51st out of 102 countries on the ROLI, a significant jump from last year when the country ranked 60th out of 99 countries. This makes the Philippines the most improved among ASEAN member nations. "Results showed that the country ranked high in terms of constraints on government powers (39th); absence of corruption (47th), and open government (50th)." "The Philippines, however, fell to the bottom half of the global rankings in terms of regulatory enforcement (52nd); order and security (58th); criminal justice (66th); fundamental rights (67th), and civil justice (75th)."


''Bantay Korte Suprema''

"Watch the Supreme Court"
coalition A coalition is a group formed when two or more people or groups temporarily work together to achieve a common goal. The term is most frequently used to denote a formation of power in political or economical spaces. Formation According to ''A Gui ...
was launched at the Training Center, Ground Floor, Supreme Court Centennial Bldg on November 17, 2008, "to ensure the fair and honest selection of the 7 Associate Justices of the Supreme Court on 2009." Members of “Bantay Korte Suprema” include retired Philippine presidents, retired Supreme Court justices, legislators, legal practitioners, the academe, the business community and the media. former Senate President Jovito Salonga, UP Law Dean
Marvic Leonen Marvic Mario Victor Famorca Leonen (born December 29, 1962) is the Senior associate justice of the Supreme Court of the Philippines since May 14, 2022 upon the retirement of Senior Associate Justice Estela Perlas-Bernabe. He became an associate ...
, Senate Majority Leader and Judicial and Bar Council member
Kiko Pangilinan Francis Pancratius "Kiko" Nepomuceno Pangilinan (; born August 24, 1963) is a Filipino lawyer, politician, and farm owner who served as a Senator from 2001 to 2013 and from 2016 to 2022. He was the Senate Majority Leader from 2004 to 2008. ...
, the Philippine Bar Association, Artemio Panganiban, and Rodolfo Urbiztondo, of the 48,000-strong Integrated Bar of the Philippines (IBP), and the chambers of commerce, witnessed the landmark event. BKS will neither select nor endorse a candidate, “but if it receive information that makes a candidate incompetent, it will divulge this to the public and inform the JBC." At the BKS launching, the memorandum of understanding (MOU) on the public monitoring of the selection of justices to the SC was signed. Meanwhile, the Supreme Court Appointments Watch (SCAW) coalition of law groups and civil society to monitor the appointment of persons to judicial positions was also re-launched. The SCAW consortium, composed of the Alternative Law Groups,
Libertas Libertas ( Latin for 'liberty' or 'freedom', ) is the Roman goddess and personification of liberty. She became a politicised figure in the Late Republic, featured on coins supporting the populares faction, and later those of the assassins of ...
, Philippine Association of law Schools and the Transparency and Accountability Network, together with the online news magazine '' Newsbreak'', reactivated itself for the JBC selection process of candidates.balita.ph, Bantay Korte Suprema launched
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Landmark decisions

The following are select landmark decisions decided by the Supreme Court since 1901: * '' Falcis III v. Civil Registrar-General'' (2019), petition to recognize same-sex marriage in the Philippines * '' Republic v. Sereno'' (2018), removal of an impeachable official via ''quo warranto'' petition. * '' Lagman et al. v. Senate President Pimentel et. al.'' (2017), validity of second extension of the proclamation of martial law in the entire Mindanao for one year. * '' Knights of Rizal v. DMCI'' (2017), suspension of the construction, and ultimate demolition of the condominium building for violating National Cultural Heritage Act. * '' Saturnino C. Ocampo, et al. v. Rear Admiral Ernesto C. Enriquez, et al'' (2016), Constitutional validity of interment of the remains of President Ferdinand Marcos to the Libingan ng mga Bayani. * ''
David v. Poe ''Rizalito Y. David versus Mary Grace Poe Llamanzares'', better known as ''David v. Poe'', is a SET Case No.001-15. It is a 2015 court case filed before the Senate Electoral Tribunal (SET) that sought to remove Grace Poe from the Philippine S ...
'' (2015), eligibility of a foundling for public office. * '' Disini v. Secretary of Justice'' (2012), validity of the
Cybercrime Prevention Act of 2012 The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines that was approved on September 12, 2012. It aims to address legal issues concerning online interactions and the Internet in the Ph ...
* '' League of Cities of the Philippines v. COMELEC'' (2011), validity of the cityhood laws of sixteen municipalities. * '' Biraogo v. Philippine Truth Commission'' (2010), validity of the creation of the Truth Commission. * '' Quinto v. COMELEC'' (2009), incumbent appointive executive officials to stay in office after filing their certificates of candidacy for election to an elective officials. * ''
Sema v. COMELEC and Dilangalen ''Sema v. COMELEC and Dilangalen'' (G.R. No. 177597) is a court case that was ruled on by the Supreme Court of the Philippines on 16 July 2008. It was consolidated with ''Marquez v. COMELEC'' (G.R. No. 178628). It held that the Regional Assembly ...
'' (2008), power of the autonomous region to create provinces and cities. * '' Neri v. Senate'' (2008), validity of extension of executive privilege to cabinet officials. * '' Re: Letter of Presiding Justice Conrado M. Vasquez Jr. on CA-G.R. SP NO. 103692'' (2008), Irregularities and improprieties committed by the C.A. Justices in connection with the Meralco case. * '' Oposa v. Factoran'' (1993), doctrine of intergenerational responsibility on the environment in the Philippine legal system. * ''
Javellana v. Executive Secretary The Ratification Cases, officially titled as ''Javellana v. Executive Secretary'' (G.R. No. L-36142, March 31, 1973; 50 SCRA 30), was a 1973 Supreme Court of the Philippines case that allowed the 1973 Philippine Constitution to come into full ...
'' (1974), ratification of the 1973 Constitution. * '' People v. Hernandez'' (1956), rebellion is charged as a single offense rather than complex crime. * '' Krivenko v. Register of Deeds'' (1947), prohibition of foreign acquisition of private or public agricultural lands, including residential lands.


Notes


References


See also

*
Chief Justice of the Supreme Court of the Philippines The chief justice of the Philippines ( fil, Punong Mahistrado ng Pilipinas) presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Philippines. As of April 5, 2021, the position is cu ...
* Associate Justice of the Supreme Court of the Philippines * Sandiganbayan *
Court of Appeals of the Philippines The Court of Appeals ( fil, Hukuman ng Pag-aapela) is an appellate collegiate court in the Philippines. The Court of Appeals consists of one presiding justice and sixty-eight associate justices. Pursuant to the Constitution, the Court of Appe ...
* Judicial and Bar Council * Integrated Bar of the Philippines * Professional Regulation Commission


External links


Philippines: Gov.Ph: About the Philippines
– Judiciary
The Supreme Court of the Philippines
– Official website {{Asia topic, Supreme Court of, title=Supreme Courts of Asia, countries_only=yes Government of the Philippines
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
Courts in the Philippines 1901 establishments in the Philippines Courts and tribunals established in 1901