Supreme Court of the Philippines
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The Supreme Court (; colloquially referred to as the ' (also used in formal writing), is the highest court in the Philippines. It was established by the
Taft Commission The Taft Commission, also known as the Second Philippine Commission (Filipino language, Filipino: ''Ikalawang Komisyon ng Pilipinas'', Spanish language in the Philippines, Spanish: Segunda Comisión de Filipinas), was established by United Sta ...
on June 11, 1901, through the enactment of Act No. 136, which abolished the
Real Audiencia of Manila The Real Audiencia of Manila () was the Real Audiencia of the Spanish East Indies, which included modern-day Guam, the Northern Mariana Islands, Palau, Micronesia and the Philippines. Similar to Real Audiencias throughout the Spanish Empire, it was ...
, the predecessor of the Supreme Court. The Supreme Court compound is located in what was formerly a part of the
University of the Philippines Manila The University of the Philippines Manila (UPM; ) is a Higher education in the Philippines#State universities and colleges, public research university located in Ermita, Manila, Ermita, Manila, Philippines. It is the oldest of eight constituent ...
campus. It occupies the corner of
Padre Faura Street Padre Faura Street is an east-west street in downtown Manila, Philippines. It carries traffic one-way westbound from Romualdez Street to Roxas Boulevard. Starting at its eastern terminus at Paco Park in Paco, Manila, Paco district, the street ...
and
Taft Avenue Taft Avenue (; ) is a major road in southern 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 Philippines and President of the United Stat ...
in
Ermita Ermita is a district in central Manila, Philippines. It is a significant center of finance, education, culture, and commerce. Ermita serves as the civic center of Manila, bearing the seat of city government and a large portion of the area's e ...
,
Manila Manila, officially the City of Manila, is the Capital of the Philippines, capital and second-most populous city of the Philippines after Quezon City, with a population of 1,846,513 people in 2020. Located on the eastern shore of Manila Bay on ...
, with the main building sited directly in front of
Philippine General Hospital The Philippine General Hospital (also known as University of the Philippines–Philippine General Hospital or UP–Philippine General Hospital), simply referred to as UP–PGH or PGH, is a tertiary state-owned hospital administered and operated ...
's cancer institute.


History


Early history

Prior to the conquest of Spain, the islands of the Philippines were composed of independent
barangay The barangay (; abbreviated as Brgy. or Bgy.), historically referred to as ''barrio'', is the smallest Administrative divisions of the Philippines, administrative division in the Philippines. Named after the Precolonial barangay, precolonial po ...
s, each of which is a 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, though no ...
'' 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 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, from other barangays, serving as arbiters or mediators. All trials are held publicly. When a ''datu'' is in doubt as to who between the parties is guilty, the parties are subject to
trial by ordeal Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused (called a "proband") was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience. In medieval Europe, like ...
, this is a common practice in criminal cases. An accused who was innocent was perceived to be always successful in such ordeals. These pre-Hispanic people believed that the deities or gods would aid the innocent accused to survive the ordeal.


Spanish colonial era

In the royal order of August 14, 1569,
Miguel López de Legazpi Miguel López de Legazpi (12 June 1502 – 20 August 1572), also known as ''Adelantado, El Adelantado'' and ''El Viejo'' (The Elder), was a Spanish conquistador who financed and led an expedition to conquer the Philippines, Philippine islan ...
was confirmed as the
Governor A governor is an politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
and Captain-General of the Philippines. He was empowered to administer civil and
criminal justice Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
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 responsibility of all officials to enforce all laws and ordinances issued for the benefits of the locals. This often failed to occur. In a 1583 letter written by
Bishop A bishop is an ordained member of the clergy who is entrusted with a position of Episcopal polity, authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance and administration of di ...
Domingo de Salazar Domingo de Salazar (1512 – December 4, 1594) was a Catholic Dominican prelate who served as the first Bishop of Manila (1579–1594), ''(in Latin)''King Philip II, Bishop Salazar noted different acts of oppression and injustice committed against the native Filipinos and said 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'' (), was an appellate court in Spain and its empire. The name of the institution literally translates as Royal Audience. The additional designation ''chancillería'' (or ''cancillería'', Catala ...
'' (which is the ''
Real Audiencia of Manila The Real Audiencia of Manila () was the Real Audiencia of the Spanish East Indies, which included modern-day Guam, the Northern Mariana Islands, Palau, Micronesia and the Philippines. Similar to Real Audiencias throughout the Spanish Empire, it was ...
'') 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 Valladolid ( ; ) is a Municipalities of Spain, municipality in Spain and the primary seat of government and ''de facto'' capital of the Autonomous communities of Spain, autonomous community of Castile and León. It is also the capital of the pr ...
and the city of
Granada Granada ( ; ) is the capital city of the province of Granada, in the autonomous communities of Spain, autonomous community of Andalusia, Spain. Granada is located at the foot of the Sierra Nevada (Spain), Sierra Nevada mountains, at the confluence ...
. 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 List of islands in the Philippines, island in the Philippines. Located in the northern portion of the List of islands of the Philippines, Philippine archipelago, it is the economic and political ce ...
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 ( ; ), officially the Province of Cebu (; ), is a province of the Philippines located in the Central Visayas region, and consists of a main island and 167 surrounding islands and islets. The coastal zone of Cebu is identified as a ...
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 . The coastal zone of the southern part of Negros is identified as a site of highest marine biodiversity importance in the Coral Tr ...
,
Panay Panay is the sixth-largest and fourth-most populous island in the Philippines, with a total land area of and a total population of 4,542,926, as of 2020 census. Panay comprises 4.4 percent of the entire population of the country. The City of Il ...
,
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,
Masbate Masbate, officially the Province of Masbate (Masbateño language, Masbateño: ''Probinsya san Masbate''; ), is an island Provinces of the Philippines, province in the Philippines located near the midsection of the nation's archipelago. Its provi ...
, 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 been ...
,
Jolo Jolo () is a volcanic island in the southwest Philippines and the primary island of the province of Sulu, on which the capital of the same name is situated. It is located in the Sulu Archipelago, between Borneo and Mindanao, and has a populatio ...
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 Batanes, officially the Province of Batanes (; Ilocano: ''Probinsia ti Batanes''; , ), is an archipelagic province in the Philippines, administratively part of the Cagayan Valley region. It is the northernmost province in the Philippines, an ...
. 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 The Supreme Court ('', TS'') is the Supreme court, highest court in the Spain, Kingdom of Spain. The court has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding the legalization of political p ...
. These ''audiencias'' would still continue to operate even until the outbreak of the Filipino rebellion in 1896.


American invasion era

From the start of occupation by United States forces on August 13, 1898, the ''audiencias'' of Cebu and Vigan ceased to function; the judges had fled for safety. The following day, Wesley Merritt, the first American
Military Governor A governor is an administrative leader and head of a polity or political region, in some cases, such as governors-general, as the head of a state's official representative. Depending on the type of political region or polity, a ''governor'' may ...
, ordered the suspension of the territorial jurisdiction of the colonial
Real Audiencia of Manila The Real Audiencia of Manila () was the Real Audiencia of the Spanish East Indies, which included modern-day Guam, the Northern Mariana Islands, Palau, Micronesia and the Philippines. Similar to Real Audiencias throughout the Spanish Empire, it was ...
, and of other minor courts in the Philippines. All trials 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, which were constituted under Spanish laws prior to August 13, were permitted to resume their civil jurisdiction, subject to supervision by the American military government. In January 1899, the civil jurisdiction of the ''audiencia'' in Manila was suspended. It 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 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 Pre ...
. 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 The United States Congress is the legislative branch of the federal government of the United States. It is a bicameral legislature, including a lower body, the U.S. House of Representatives, and an upper body, the U.S. Senate. They both ...
, 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. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of t ...
with the consent and advice of the
U.S. Senate The United States Senate is a chamber of the bicameral United States Congress; it is the upper house, with the U.S. House of Representatives being the lower house. Together, the Senate and House have the authority under Article One of the ...
. 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 The Commonwealth of the Philippines (; ) was an Territories of the United States, unincorporated territory and Commonwealth (U.S. insular area), commonwealth of the United States that existed from 1935 to 1946. It was established following the ...
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 a 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 Eur ...
. 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 era

Within the brief
Japanese occupation of the Philippines The Japanese occupation of the Philippines (Filipino language, Filipino: ''Pananakop ng mga Hapones sa Pilipinas''; ) occurred between 1942 and 1945, when the Empire of Japan, Japanese Empire occupied the Commonwealth of the Philippines during Wo ...
, 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 José Abad Santos y Basco (, ; February 19, 1886 – May 1, 1942) was the fifth chief justice of the Philippines, chief justice of the Supreme Court of the Philippines. He briefly served as the acting president of the Philippines, president of ...
—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 ( ; ), officially the Province of Cebu (; ), is a province of the Philippines located in the Central Visayas region, and consists of a main island and 167 surrounding islands and islets. The coastal zone of Cebu is identified as a ...
and was executed on May 7, 1942 in the town of Malabang in
Lanao del Sur Lanao del Sur (; Meranaw and ; Jawi ''(Batang Arab)'': ), officially the Province of Lanao del Sur, is a province in the Philippines located in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). The capital is the city of Marawi (th ...
.


Philippine independence

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: Arts and entertainment Film and television *'' Præsident ...
Ferdinand Marcos Ferdinand Emmanuel Edralin Marcos Sr. (September 11, 1917 – September 28, 1989) was a Filipino lawyer, politician, dictator, and Kleptocracy, kleptocrat who served as the tenth president of the Philippines from 1965 to 1986. He ruled the c ...
in 1986, President
Corazon Aquino María Corazón "Cory" Sumulong Cojuangco-Aquino (; January 25, 1933 – August 1, 2009) was a Filipino politician who served as the 11th president of the Philippines and the first woman president in the country, from Presidency of Corazon ...
, 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, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
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 In United States constitutional law, the political question Legal doctrine, doctrine holds that a constitutional dispute requiring knowledge of a non-legal character, techniques not suitable for a court, or matters explicitly assigned by the Const ...
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 The Judicial and Bar Council (JBC; ) of the Philippines is a Constitution of the Philippines, constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court of the Philippines, Supr ...
, a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts.


One-stop shop & REAL Justice

The SC Public Information Office announced the opening on March 1, 2024 the creation of a
One-stop shop A one-stop shop (OSS), in public administration, is a government office where multiple services are offered, allowing customers to access these services in a centralized location rather than in different places. The term originated in the United ...
housing the Judicial Records office, Fiscal Management and Budget Office and the Office of the Bar Confidant. It is a part of the Supreme Court's Strategic Plan for Judicial Innovations.
Alexander Gesmundo Alexander Gahon Gesmundo (born November 6, 1956) is a Filipino judge who has served as the 27th Chief Justice of the Philippines, chief justice of the Philippines since 2021. He previously served as an Associate Justice of the Supreme Court of t ...
also inaugurated in Tawi-Tawi the "Remote Hearing and Equal Access to Law and Justice" (REAL Justice) program of the 2004 Justice on Wheels. The new program consists of 3 parts—"the deployment of retrofitted buses to the territorial jurisdiction of courts which are difficult to reach, the providing alternative modes of transportation in order to bring technology to far-flung areas that could not be reached by buses and the use of the buses as mobile courts where bail procedures can be conducted on days when the court is not in session, "so that those who are arrested would be able to post bail when necessary,"
Marvic Leonen Mario Victor "Marvic" Famorca Leonen (born December 29, 1962) is a Filipino jurist who has served as an associate Justice of the Supreme Court of the Philippines since 2012. President Benigno Aquino III appointed Leonen to the position at the ...
said.


Overview


Qualifications

According to the Constitution, for a person to be appointed to the Supreme Court, he must be: # a
natural-born citizen A natural-born-citizen clause is a provision in some constitutions that certain officers, usually the head of state, must be "natural-born" citizens of that state, but there is no universally accepted meaning for the term ''natural-born''. The c ...
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 Constitution of the Philippines ( Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'') is the supreme law of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and rat ...
, 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: Arts and entertainment Film and television *'' Præsident ...
from a list of nominees made by the
Judicial and Bar Council The Judicial and Bar Council (JBC; ) of the Philippines is a Constitution of the Philippines, constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court of the Philippines, Supr ...
. 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 The Judicial and Bar Council (JBC; ) of the Philippines is a Constitution of the Philippines, constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court of the Philippines, Supr ...
, 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 An associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some ...
, 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: Arts and entertainment Film and television *'' Præsident ...
fills the vacancy by appointing a person from a list of at least 3 nominees prepared by the
Judicial and Bar Council The Judicial and Bar Council (JBC; ) of the Philippines is a Constitution of the Philippines, constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court of the Philippines, Supr ...
.


Retirement

The 1987
Constitution of the Philippines The Constitution of the Philippines (Filipino language, Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'') is the Constitution, supreme law of the Philippines. Its final draft was completed by the Philippine Constitution ...
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 headquartered in Geneva, Switzerland that regulates and facilitates international trade. Governments use the organization to establish, revise, and enforce the rules that g ...
and Alicia Austria-Martinez who retired at 68 for health reasons. Since 1901,
Associate Justice An associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some ...
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, 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 for health reasons.


Seat

The Supreme Court currently meets at the Supreme Court Main Building along
Padre Faura Street Padre Faura Street is an east-west street in downtown Manila, Philippines. It carries traffic one-way westbound from Romualdez Street to Roxas Boulevard. Starting at its eastern terminus at Paco Park in Paco, Manila, Paco district, the street ...
, between the Department of Justice and the
University of the Philippines Manila The University of the Philippines Manila (UPM; ) is a Higher education in the Philippines#State universities and colleges, public research university located in Ermita, Manila, Ermita, Manila, Philippines. It is the oldest of eight constituent ...
's Rizal Hall. The Court first met in 1901 at the Ayuntamiento de Manila in Plaza Roma,
Intramuros Intramuros () 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. Intramuros comprises a centuries-old hist ...
with the Salas De Sessiones serving as the Session Hall. The Court eventually transferred to the Old Legislative Building together with
Philippine Legislature The Philippine Legislature was the legislature of the Philippines from 1907 to 1935, during the American colonial period, and predecessor of the current Congress of the Philippines. It was bicameral and the legislative branch of the Insular ...
in 1941 under Chief Justice José P. Laurel. During
World War II World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, the Court temporarily transferred to Mabini Hall of the
Malacañang Palace Malacañang Palace (, ), officially known as Malacañán Palace, is the official residence and principal workplace of the president of the Philippines. It is located in the Manila district of San Miguel, Manila, San Miguel, along Jose Laurel S ...
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 Lady Justice () is an allegorical personification of the moral force in judicial systems. Her attributes are scales, a sword and sometimes a blindfold. She often appears as a pair with Prudentia. Lady Justice originates from the personificat ...
and
Moses In Abrahamic religions, Moses was the Hebrews, Hebrew prophet who led the Israelites out of slavery in the The Exodus, Exodus from ancient Egypt, Egypt. He is considered the most important Prophets in Judaism, prophet in Judaism and Samaritani ...
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 the old headquarters of the
Asian Development Bank The Asian Development Bank (ADB) is a regional development bank to promote social and economic development in Asia. The bank is headquartered in Metro Manila, Philippines and maintains 31 field offices around the world. The bank was establishe ...
along Roxas Boulevard, Pasay City, as the latter has relocated to Mandaluyong City. The current main building of the Supreme Court was designed by the Filipino architect Antonio Toledo in accordance with the 1905 Burnham Plan of Manila. It originally housed the library of the
University of the Philippines Manila The University of the Philippines Manila (UPM; ) is a Higher education in the Philippines#State universities and colleges, public research university located in Ermita, Manila, Ermita, Manila, Philippines. It is the oldest of eight constituent ...
. The four pillars at the façade represent the four levels of the hierarchy of the judiciary. The bronze seated figures of Chief Justices
Cayetano Arellano Cayetano Simplicio Arellano y Lonzón (March 2, 1847 – December 23, 1920) was the first Chief Justice of the Supreme Court of the Philippines under the American Civil Government. Cayetano Arellano had occupied a high position in Aguinaldo's go ...
and
José Abad Santos José Abad Santos y Basco (, ; February 19, 1886 – May 1, 1942) was the fifth chief justice of the Philippines, chief justice of the Supreme Court of the Philippines. He briefly served as the acting president of the Philippines, president of ...
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, as well as the offices of the Chief Justice and 2 most senior associate justices. Since 1948, The Supreme Court has held its summer sessions in
Baguio Baguio ( , , ), officially the City of Baguio (; ; ), is a Cities of the Philippines#Legal classification, 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. After initially inking a deal with BCDA to move to a complex in the planned Bonifacio Capital District in
Taguig Taguig (), officially the City of Taguig (), is the List of cities in the Philippines, fifth-most populous city in the Philippines situated on the eastern shores of Metro Manila, the national capital region. It is a center for culture, finance ...
, it instead went for a bigger 25 hectare complex it received from San Miguel Aerocity, Inc. via the Department of Transportation. The new site is near the future New Manila International Airport in
Bulakan, Bulacan Bulakan, officially the Municipality of Bulakan (), is a municipality in the province of Bulacan, Philippines. According to the 2020 census, it has a population of 81,232 people. Bulakan, which is one of the oldest towns in the Philippines ...
and will also house its relevant appellate courts: the Court of Appeals, Court of Tax Appeals, and the Sandiganbayan.


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 Malolos , officially the City of Malolos (), is a Cities of the Philippines#Legal classification, component city and capital of the Provinces of the Philippines, province of Bulacan, Philippines. According to the 2020 census, it has a population ...
regional trial courts in
Bulacan Bulacan, officially the Province of Bulacan (; ; ; ), is a Provinces of the Philippines, province in the Philippines located in the Central Luzon Regions of the Philippines, region. Its capital is the city of Malolos. Bulacan was established on ...
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 College of Law following a directive from the Supreme Court of the Philippines. Chief Justice Reynato Puno envisioned to implement the policy in other areas such as Laguna,
Cavite Cavite, officially the Province of Cavite (; Chavacano: ''Provincia de Cavite''), is a Provinces of the Philippines, province of the Philippines located in the Calabarzon region. On the southern shores of Manila Bay and southwest of Manila, i ...
,
Quezon Quezon, officially the Province of Quezon () and historically known as Tayabas, is a Provinces of the Philippines, province in the Philippines located in the Calabarzon Regions of the Philippines, region on Luzon. Lucena, a highly urbanized ci ...
,
Nueva Ecija Nueva Ecija, officially the Province of Nueva Ecija ( ; ; ; ), is a landlocked province in the Philippines located in the Central Luzon region. Its capital is the city of Palayan, while Cabanatuan, its former capital, is the largest Local gove ...
,
Batangas Batangas, officially the Province of Batangas ( ), is a first class province of the Philippines located in the southwestern part of Luzon in the Calabarzon region. According to the 2020 census, it has a population of 2,908,494 people, making ...
, Rizal, and
Metro Manila Metropolitan Manila ( ), commonly shortened to Metro Manila and formally the National Capital Region (NCR; ), is the capital region and largest List of metropolitan areas in the Philippines, metropolitan area of the Philippines. Located ...
. 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 Federal tribunals in the United States, U.S. 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 Law French () is an archaic language originally based on Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England from the 13th century. Its use continued for several centur ...
term
oyez Oyez (, , ; more rarely with the word stress at the beginning) is a traditional interjection said two or three times in succession to introduce the opening of a court of law. The interjection was also traditionally used by town criers to attract ...
.
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/hammer 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 ...
, and typically, first calls the
clerk of court A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court and administering oaths ...
, 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 a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are in ...
, 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 In United States constitutional law, the political question Legal doctrine, doctrine holds that a constitutional dispute requiring knowledge of a non-legal character, techniques not suitable for a court, or matters explicitly assigned by the Const ...
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: Arts and entertainment Film and television *'' Præsident ...
Ferdinand Marcos Ferdinand Emmanuel Edralin Marcos Sr. (September 11, 1917 – September 28, 1989) was a Filipino lawyer, politician, dictator, and Kleptocracy, kleptocrat who served as the tenth president of the Philippines from 1965 to 1986. He ruled the c ...
. 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, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
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 In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the recor ...
'',
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 alcoholic b ...
and ''
mandamus A writ of (; ) is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, o ...
'' 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 An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellat ...
the power to hear petitions for certiorari, prohibition, mandamus,
quo warranto In the English-American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ issued by a court which orders someone to show what authority they have for exercising some right, power, or franchise they clai ...
and
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
. 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 In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
from a decision rendered by a lower court. Appealed cases generally originate from
lawsuits A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. T ...
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 An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appellat ...
, 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 The Sandiganbayan () is a special Appellate court, appellate collegial court in the Philippines that has jurisdiction over criminal and civil cases involving Graft (politics), graft and corrupt practices and other offenses committed by public ...
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 An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
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 Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a Socia ...
birth to Puno's brainchild. No filing or legal fees 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 and the implementing guidelines for
Habeas Corpus ''Habeas corpus'' (; from Medieval Latin, ) is a legal procedure invoking the jurisdiction of a court to review the unlawful detention or imprisonment of an individual, and request the individual's custodian (usually a prison official) to ...
. 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 Sandiganbayan () is a special Appellate court, appellate collegial court in the Philippines that has jurisdiction over criminal and civil cases involving Graft (politics), graft and corrupt practices and other offenses committed by public ...
, 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 organization, non-governmental body that promotes human rights in Asia and mobilizes Asian and international public opinion to obtain relief and redress for the victims ...
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 with the support or acquiescence of a State (polity), state followed by a refusal to acknowledge the person's fate or whereabouts with the i ...
, 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 an extrajudicial execution or an extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, ...
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 In law, an ''en banc'' (; alternatively ''in banc'', ''in banco'' or ''in bank''; ) session is when all the judges of a court sit to hear a case, not just one judge or a smaller panel of judges. For courts like the United States Courts of Appeal ...
'' 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 Alexander Gahon Gesmundo (born November 6, 1956) is a Filipino judge who has served as the 27th Chief Justice of the Philippines, chief justice of the Philippines since 2021. He previously served as an Associate Justice of the Supreme Court of t ...
, 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 Singh ( IPA: ) is a title, middle name, or surname that means "lion" in various South Asian and Southeast Asian communities. Traditionally used by the Hindu Kshatriya community, it was later mandated in the late 17th century by Guru Gobind Si ...
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 Mario Victor "Marvic" Famorca Leonen (born December 29, 1962) is a Filipino jurist who has served as an associate Justice of the Supreme Court of the Philippines since 2012. President Benigno Aquino III appointed Leonen to the position at the ...
is the longest-serving justice, with a tenure of days () as of ; the most recent justice to enter the court is Raul Villanueva whose tenure began on .


Membership Timeline


Gesmundo Court Membership Timeline


All Members


Age timeline of the Members of the Gesmundo Court


Public perception


Judicial corruption

On January 25, 2005, and on December 10, 2006,
Philippines The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...
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 A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as wel ...
said many/very many
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
s are corrupt. But (49%) stated that judges received bribes, just 8% of lawyers admitted they reported the
bribery Bribery is the corrupt solicitation, payment, or Offer and acceptance, acceptance of a private favor (a bribe) in exchange for official action. The purpose of a bribe is to influence the actions of the recipient, a person in charge of an official ...
, 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 The Sandiganbayan () is a special Appellate court, appellate collegial court in the Philippines that has jurisdiction over criminal and civil cases involving Graft (politics), graft and corrupt practices and other offenses committed by public ...
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, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...
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)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
and
Singapore Singapore, officially the Republic of Singapore, is an island country and city-state in Southeast Asia. The country's territory comprises one main island, 63 satellite islands and islets, and one outlying islet. It is about one degree ...
have the best judicial systems in
Asia Asia ( , ) is the largest continent in the world by both land area and population. It covers an area of more than 44 million square kilometres, about 30% of Earth's total land area and 8% of Earth's total surface area. The continent, which ...
, 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, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...
(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 Transparency International e.V. (TI) is a German registered association founded in 1993 by former employees of the World Bank. Based in Berlin, its nonprofit and non-governmental purpose is to take action to combat global corruption with civil s ...
Corruption Perceptions Index The Corruption Perceptions Index (CPI) is an index that scores and ranks countries by their perceived levels of public sector corruption, as assessed by experts and business executives. The CPI generally defines corruption as an "abuse of entr ...
(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 The World Justice Project (WJP) is an international civil society organization with the stated mission of "working to advance the rule of law around the world". It produces the World Justice Project Rule of Law Index, a quantitative assessment t ...
(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 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, military, or economic spaces. Formation According to ''A G ...
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 Jovito Reyes Salonga, Knights of Rizal, KGCR (; June 22, 1920 – March 10, 2016) also called "Ka Jovy," was a Filipino people, Filipino lawyer and politician, as well as a leading opposition leader during the regime of Ferdinand Marcos from th ...
, UP Law Dean
Marvic Leonen Mario Victor "Marvic" Famorca Leonen (born December 29, 1962) is a Filipino jurist who has served as an associate Justice of the Supreme Court of the Philippines since 2012. President Benigno Aquino III appointed Leonen to the position at the ...
, Senate Majority Leader and
Judicial and Bar Council The Judicial and Bar Council (JBC; ) of the Philippines is a Constitution of the Philippines, constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court of the Philippines, Supr ...
member Kiko Pangilinan, 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 A consortium () is an association of two or more individuals, companies, organizations, or governments (or any combination of these entities) with the objective of participating in a common activity or pooling their resources for achieving a ...
, 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. She sometimes also appeared on coins from the imperial period, such as Galba's "Freedom ...
, 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
/ref>


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'' (2015), eligibility of a foundling for public office. *
Paglaum v. COMELEC
' (2013), allowed party-lists that do not represent marginalized groups to run in the Party-List elections for the House of Representatives. * '' 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 by President Benigno Aquino III on September 12, 2012. It aims to address legal issues concerning online intera ...
* '' 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'' (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'' (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. * '' Zarate v. Aquino III'' (2015), case revolving around red-tagging, an act discrediting the validity of a political opponent by accusing the opponent as communist.


Notes


References


See also

* Chief Justice of the Philippines *
Associate Justice of the Supreme Court of the Philippines An associate justice of the Supreme Court () is one of fifteen members of the Supreme Court of the Philippines, Supreme Court, the highest court in the Philippines. The Chief Justice of the Supreme Court of the Philippines, chief justice presid ...
*
Sandiganbayan The Sandiganbayan () is a special Appellate court, appellate collegial court in the Philippines that has jurisdiction over criminal and civil cases involving Graft (politics), graft and corrupt practices and other offenses committed by public ...
* Court of Appeals of the Philippines * Court of Tax Appeals *
Judicial and Bar Council The Judicial and Bar Council (JBC; ) of the Philippines is a Constitution of the Philippines, constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court of the Philippines, Supr ...
* Integrated Bar of the Philippines *
Professional Regulation Commission The Professional Regulation Commission (PRC; ) is a three-member commission attached to Department of Labor and Employment (DOLE). Its mandate is to regulate and supervise the practice of professionals (except lawyers, who are handled by the ...
* List of courts which publish audio or video of arguments * List of justices of the Supreme Court of the Philippines


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, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...
Courts in the Philippines 1901 establishments in the Philippines Courts and tribunals established in 1901