THE JUDICIARY

Proclamation no. 1081 or the declaration of martial law in 1972 by Marcos curtailed
the powers of the Philippine judiciary. By virtue of general order no. 3 under martial law,
Marcos ordered the judiciary to “continue to function in accordance with its present
organization and personnel,” but its jurisdiction was significantly reduced to the extent that
constitutionally of proclamation No. 1081 (Manuel 1999, 103).
Also removed from the judiciary’s jurisdiction were all cases relating to those
involving the validity, legality or constitutionally of any decree, rules, orders or acts issued,
promulgated or performed by (The president or by his) duly designated representative
pursuant to proclamation No. 1082, dated 21 September 1972 as well as various crimes.
The list of crimes included those committed against the following: national security and the
law of nations, fundamental laws of the state, public order; as well as usurpation of
authority rank, title and improper use of names, uniforms, and insignia. Removed also from
the courts ‘jurisdiction are cases involving crimes.
The 1987 Philippine constitution restored the independence of the judiciary in the
country. An independent judiciary, like an independent congress, is essential to the
functioning of democracy.
According to Lim (2010, 159). “The role, function, and place of the judiciary have
more to do with upholding and ensuring “constitutional liberalism” rather than democracy.
He further argued that “we look to the judicial system to guarantee, safeguard and defend
the institutional arrangements and rules that make the state a “constitutional liberal state”
And the regime a constitutional democracy; a constitution that is supreme, and
provides for mutual checks and balance, separation of powers, and individual rights and
liberties.”

THE 1987 PHILIPPINE CONSTITUTION CONTAINS SEVERAL PROVISIONS THAT

GUARANTEE THE JUDICIAL INDEPENDENCE OF THE JUDICIARY. THESE ARE THE
PROVISIONS ON:

1. THE SECURITY OF TENURE OF JUDICIAL OFFICERS;

2. THE JUDICIARY’S FISCAL AUTONOMY;
3. JUDICIAL SELF REGULATION OR SELF-ADMINISTRATION
4. THE APPOINTMENT OF JUSTICES AND JUDGES;
5. IMPEACHMENT
 Article VIII, sections 2 and 11 provide for the security of tenure of members of the
supremecourt and judges of the courts. “NO LAW SHALL BE PASSED REORGANIZING THE
JUDICIARY WHEN IT UNDERMINES THE SECURITY OF TENURE OF ITS MEMBERS.”

Article VIII