JUDICIARY BRANCH
to the Supreme Court of Spain sitting in Madrid.
The Judicial Power of Government
The Judicial power of our government is vested in the
Supreme Court and other lower courts as may be
establish by law. This judicial power of our government
is defined in Section 1 Article VII, which states in part
that:
Judicial power includes the duty of courts of justice to
settle actual controversies involving rights which are
legally demandable and enforceable , and in 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.
As the highest court and the court of last resort,
the Supreme court enjoys fiscal autonomy. To ensure
proper interpretation of the laws, it defines the rules
and procedures of the Judiciary through the Rules of
court of the Philippines and rules and regulation it
issues. These rules and regulations come in the form of
administrative matters, administrative orders, circulars,
memorandum orders .
Members of the judiciary, legal profession and the
public are informed of these rules and regulations
through the dissemination of this rules and regulations
to all courts, publication of important ones in
newspapers of general circulation and via printing of
these rules and regulation in book or pamphlet form. As
a co equal of the executive and legislative branches of
the government, its appropriation may not be reduced
by Congress below the appropriated amount of the
pervious year ( Article VIII, Sec. 2 ).
A Brief History of the Philippine Supreme Court
Prior to the coming of the Spaniards in 1521,
the barangay chiefs exercised judicial authority. During
the early years of Spanish colonization, judicial power
was vested upon Miguel Lopez, the first governor
general of the Philippines who administered civil and
criminal justice under the Roy8al Order of August 14,
1569.
The present Supreme Court was preceded by the Royal
Audiencia, a collegial body established on May 5, 1583
and composed, of a president, four oidores (justices),
and a fiscal. It was the highest tribunal in the
Philippines, below only the Consejo de Indias of Spain,
However, this body also exercised administrative
functions, not just judicial functions.
The Audiencia’s functions and structure
underwent substantial modifications in 1815 when its
president was replaced by a chief justice and the
number of justices was increased It then came to be
known as the Audiencia Territorial de Manila with two
branches, civil and criminal. The Audiencia was
converted to a purely judicial body by a Royal Decree
issued on July 4, 1861, but its decisions were appealable
On February 26, 1886, a territorial Audiencia
was organized in Cebu, followed by an Audiencia for
criminal cases in Vigan. However, the pre- eminence of
the Supreme Court as the sole interpreter of the law
was unknown during the Spanish Regime.
The Audiencias were suspended by General Wesley
Merrit when a military government was established
after the fall of Manila to American forces in 1898. The
Supreme Court of the Philippines was officially
established on June 11, 1901 through the passage of Act
No. 136, otherwise known as the Judiciary Law of the
Second Philippine Commission. By virtue of that law,
judicial power in the Philippine Islands was vested in
then Supreme Court, Courts of First Instance and justice
of the Peace courts. Other courts were subsequently
established.
With the passage of the Philippine Bill of 1902, the
judicial structure introduced by Act No. 136 was
reaffirmed by the US Congress. The Administrative Code
of 1917 made the Supreme Court the highest tribunal in
the Philippines, with nine members: a chief justice and
eight associate justices, majority of who were
Americans. Filipinization of the Supreme Court,
however stated only during the Commonwealth
Regime. With the ratification of the 1935 Constitution
on May 14, 1935, membership in the Supreme Court
increased to 11 members, who sat in two divisions of
five members each.
The membership of the Supreme Court was
increased to 15 under the 1973 Constitution. The
justices sat en banc or in divisions. After the overthrow
of President Ferdinand Marcos in 1986, President
Corazon C. Aquino, promulgated a transitory charter
known as the “Freedom Constitution” which did not
affect the composition and powers of the Supreme
Court. This charter was replaced by the 1987
Constitution.
More recently, the Supreme Court promulgated the writ
of amparo. This writ is a defense to prevent extrajudicial
killings and enforced disappearances. According to Chief
Justice Reynato Puno, its proponent, this writ, will place
the constitutional right to life, liberty and security above
violation and threats of violation. This rule will provide
the victims of extralegal killings and enforced
disappearances the protection they need and the
promise of vindication for the rights. This rule
empowers our courts to issue reliefs that may be
granted through judicial orders of protection,
production, inspection and other relief to safeguard
one’s life and liberty. The writ of amparo shall hold
public authorities, those who took their oath to defend
the constitution and enforce our laws, to a high
standard of official conduct and hold them accountable
to our people.
The Present Supreme Court of the Philippines
Composition
Pursuant to the provisions of the 1987
Constitution, the Supreme Court is composed of a Chief
Justice and 14 associate Justices, who are appointed by
the President, based from the list of nominees
presented by the Judicial and Bar Council. The Judicial
and Bar Council is composed of the Chief Justice as ex-
officio chairman, the Secretary of Justice and
representatives of Congress as ex-officio members, a
representative of the Integrated Bar, a sector as
member. Its principal function is that of screening
prospective appointees to any judicial post.
Term of Office
Members of the Supreme Court have no fixed
term of office. They hold office during good behavior
until they reach 70 years old or become incapacitated to
perform their duties. They can only be removed from
office through impeachment.
Qualifications
To be appointed to Supreme Court, one must meet the
following requirements.
 A natural born citizen of the Philippines;
 At least 40 years old at the time of
appointment;
 Must have been for 15 years or more a judge of
a lower court or engaged in the practice of law
in the country: and
 Must be a person of proven competence,
integrity, probity, and independence.
Prohibition
The justice of the Supreme Court and members
of other courts established by law shall not be
designated to any agency performing quasi- judicial or
administrative functions.
Filling up of Vacancy
Upon vacancy in the Court, whether for the position of
Chief Justice or Associate Justice, the President fills up
the vacancy by appointing one from a list of at least
three nominees prepared the Judicial and Bar Council
within 3 months or 90 days of occurrence.
Cases
The Supreme Court sits either en banc or in
divisions of 3, 5, or 7 members. Since the 1970s, the
Court has constituted itself in 3 divisions with 5
members each. Majority of the judicial post are heard
and decided by divisions, rather than en banc.
Nevertheless the fundamental charter requires that the
Court hear en banc all cases involving the
constitutionality of a treaty, international or executive
agreement, as well as those involving the
constitutionality, application, or operation of-
presidential decrees, proclamation, orders, instructions,
ordinances, and other regulations. It also decides cases
originally heard by a division when a majority vote
cannot be reached within the division. It likewise has
the discretion to hear a case en banc even if no
constitutional issue is involved if the decision would
reverse precedent or present new or important
questions.
The most common mode by which a case
reaches the 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. The Court, however, does not entertain cases
originally filed before it that should have been filed first
with the trial courts.
Functions
The functions of the Supreme Court are divided
into two categories, namely: administrative; and
judicial. The administrative functions of the Supreme
Court relate to the supervision and control over the
judicial branch of the government and its employees, as
well as members of the Philippine bar. In consonance of
these functions, the Supreme Court is empowered to
order change the venue of trial to avoid a miscarriage of
justice and appoint all member to be observed in all
courts throughout s of the Judiciary. The Constitution ,
likewise, authorizes the Supreme Court to promulgate
rules for the admission into the practice of law, for legal
assistance to the unprivileged, and the procedural rules
to be observed in all courts throughout the country.
More important than administrative functions are the
judicial functions of the Supreme Court, which are
defined in Section 1 of Article VII. These functions are as
follows:
*Settlement of actual controversies involving rights
which are legally demandable and enforceable; and
*Judicial Review or the power of the Supreme Court to
inquire into the constitutionality of the acts of both the
executive and legislative branches of the government.
Powers of the Supreme Court
As stated in Article VIII, Section 5 of the 1987
Constitution, the Supreme Court exercises the following
powers:
*Exercise jurisdiction over cases affecting ambassadors,
other public ministers and consuls, and over petitions
for certiorari, prohibition, mandamus, quo warranto,
and habeas corpus.
*Review, revise, reverse, modify, or affirm on appeal or
certiorari, as the law or Rules of Court may provide
final judgments and orders of lower court in:
* All, cases in which the constitutionality or validity of
any treaty, executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or
regulation in question;
* All cases involving the legality of any tax imposed,
assessment, or toll, or any penalty imposed in relation
thereto;
* All cases in which the jurisdiction of any
lower court is in issue;
* All criminal cases in which the penalty
imposed is reclusion perpetua or higher; and
* All cases in which only an error or question
of law is involved.
*Assign temporary judges lower court to other stations
as public interest may require. Such temporary
assignment shall not exceed six months without the
consent of the judge concerned.
*Order a change of venue or place of trial to avoid a
miscarriage of justice.
*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.
*Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law.
The Philippine Judicial System
Under the Judiciary Organization Act of 1980 or
BP 129, the Philippine judicial system consists of the
following courts: the lower courts; and the highest
court: metropolitan trial courts and municipal trial
courts in cities; regional trial courts; Shari ’a Courts;
Court of Tax Appeals; Sandiganbayan; and Court of
Appeals. The highest court, however, is the Supreme
Court.
Municipal Trial Courts and Municipal Circuit Trial Court
Every municipality in the country has its own
municipal trial court. If it covers only one municipality, it
is considered a municipal court. On the other hand, if it
covers two or more municipalities, it is called a
municipal circuit court.
Metropolitan Trial Courts and Municipal Trial Courts in
Cities
Metropolitan trial courts are municipal trial
courts situated within the Metropolitan Area. On the
other hand, municipal trial courts outside of
Metropolitan Manila are called municipal trial courts in
cities.
Municipal trial courts, municipal circuit trial court,
metropolitan trial courts and municipal trial courts in
cities are the first level courts established in each city
and municipality. These courts exercise o-original
jurisdiction in civil cases as provided for in section 33 of
BP 129.
Regional Trial Courts trial courts are the
Regional trial courts are the second level courts
and are divided in to 13 judicial regions, which in turn
are subdivided into several branches. These courts
exercise appellate jurisdiction over the first level courts
in the country.
Shari’ a Courts
These special courts were created by 8 section
137 of Presidential Decree No. 1083 or the Code of
Muslim Personal Laws. Shari’ a district courts (SDCs) are
equivalent to the regional trial courts in rank, which
were established in specified provinces in Mindanao
where the Muslim Code on Personal Laws is being
enforced. SDCs have exclusive jurisdiction over the
following cases:
• All cases involving custody, guardianship,
legitimacy, paternity, and filiations arising under
the Code;
• All cases involving disposition, distribution and
settlement of the estates of deceased Muslims;
• Petitions for the declaration of absence and
death for the cancellation or correction of
entries in the Muslim Registries;
• All actions arising from customary contracts in
which the parties are Muslims; and
* All petitions for the mandamus, prohibition,
injunction, certiorari, habeas corpus, and all
other auxiliary writs and processes in aid of its
appellate jurisdiction
* Equivalent to the municipal circuit trial
courts are the Shari’ a Circuit Courts (SCCs),
which are established in certain municipalities
in Mindanao. SCCs have exclusive original
jurisdiction over:
* All cases involving offenses defined and
punished under the Code;
* All civil actions and proceedings between
parties who Muslims or have been married in
accordance with Article 13 of the Code involving
disputes relating to:
- Marriage;
- Divorce recognized by the Code;
- Betrothal of breach of contract to marry;
- Customary dower;
- Disposition and distribution of property upon
divorce;
- Maintenance and support and consolatory
gifts; and
- Restitution of marital rights;
* All cases involving disputes to communal
properties
Court of Tax Appeals
This special court is vested with the exclusive
appellate jurisdiction over appeals from the decision of
the Commissioner of Internal Revenue and the
Commissioner of customs on certain specific issues. It is
composed of a Presiding Judge and two Associate
Judges.
Sandiganbayan
It is a special court composed of a Presiding
Justice and eight Associate Justices, which has exclusive
jurisdiction over violations of the Anti-Graft and Corrupt
Practices Act (RA No. 3019), the Unexplained Wealth
Act (RA No. 1379) and other crimes of felonies
committed by public officials and employees in relation
to their office, including those in government owned
and controlled corporations.
katarungang Pambarangay Law, a system of amicably
settling disputes at the barangay level was established.
This system, called katarungang pambarangay, aims to
promote the speedy disposition and administrator of
justice by easing the congestion of court dockets.
Republic Act No. 9285 institutionalized the use
of an alternative dispute resolution to promote the
speedy and impartial administration of justice and
unclog the court dockets. Alternative dispute resolution
modes cover the following mediation; conciliation;
arbitration; and any combination thereof.

Court of Appeals
This court is composed of one Presiding Justice
and 68 Associate Justices, which is vested with
jurisdiction over appeals from then decisions of the
Regional Trial Court and certain quasi-judicial agencies,
boards or commissions.
Supreme Court
It is the highest court in the country and the only one
established by the constitution. It is the court of the last
resort as it is the final arbiter in any and all judicial
issues.

Quasi-Courts or Quasi-Judicial Agencies

Quasi-judicial agencies are administrative

agencies more properly under the jurisdiction of the
Executive Department, but are empowered by the
fundamental charter or statutes to hear and decide
certain categories of cases. Quasi-judicial agencies
empowered.
Civil Service Commission (CSC); Commission on
Elections (COMELEC); AND Commission on Audit (COA).
Quasi-judicial agencies empowered by statutes are the
following: Office of the President ; Department of
Agrarian Reform; Securities and Exchange Commission;
National Labor Relations Commission; National
Telecommunication Commission; Employees
Compensation Commission; Insurance Commission;
Construction Industry Arbitration Commission;
Philippine Atomic Energy Commission;

Social Security System; Government Service Insurance

System; Bureau of Patents; Trademark and Technology;
National Conciliation Mediation Board; Land
Registration Authority; Civil Aeronautics Board; Central
Board of Assessment Appeals; National Electrification
Administration; Energy Regulatory Board; and
Agricultural Inventions Board and the Board of
Investments.
Decisions of the aforementioned quasi-courts
can be appealed to the Court of Appeals, except those
of the constitutional commissions which can be
appealed only to the Supreme Court.

Other Judicial Procedure

By virtue of Presidential Decree No. 1508 or the