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The Supreme Court: Warranto, and Habeas Corpus. (Art. VIII, 5 (1) ) - It Also Has Original Jurisdiction Over Writs
The Supreme Court: Warranto, and Habeas Corpus. (Art. VIII, 5 (1) ) - It Also Has Original Jurisdiction Over Writs
The Supreme Court has both original and appellate jurisdiction. It exercises original
jurisdiction (cases are directly filed with the SC in the first instance without passing
through any of the lower courts) over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus. (Art. VIII, §5(1)). It also has original jurisdiction over writs
of amparo, habeas data and the environmental writ of kalikasan. It exercises appellate
jurisdiction to review, revise, reverse, modify, or affirm final judgments, and orders of the
lower courts in:
b. All cases involving the legality of any tax, impost, assessment, or toll,
or any penalty imposed in relation thereto.
The Supreme Court has administrative supervision over all courts and court personnel.
(Article VIII, §6) It exercises this power through the Office of the Court Administrator.
Rule-Making Powers
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))
The Court of Appeals
The Court of Appeals was established on February 1, 1936 by virtue of Commonwealth
Act No. 3 and is considered as the second highest tribunal in the country. It is
composed of one presiding justice and 68 associate justices, all of which are appointed
by the President from a shortlist submitted by the Judicial and Bar Council. The
associate justices shall have precedence according to the dates (or order, in case of
similar appointment dates) of their respective appointments. The qualifications for the
justices of the Supreme Court also apply to members of the Court of Appeals.
The Court of Appeals’ principal mandate is to exercise appellate jurisdiction on all cases
not falling within the original and exclusive jurisdiction of the Supreme Court. Its
decisions are final except when appealed to the Supreme Court on questions of law.
The jurisdiction of the Court of Appeals are as follows:
The Court of Appeals shall also have the power to try cases and conduct hearings,
receive evidence and perform acts necessary to resolve factual issues raised in cases
falling within its original and appellate jurisdiction, including the power to grant and
conduct new trials or proceedings.
https://ca2.judiciary.gov.ph/
The Sandiganbayan
Both the 1973 and 1987 Constitution contain provisions on the present anti-graft court
known as the Sandiganbayan. It has jurisdiction over criminal and civil cases involving
graft and corrupt practices and such other offenses committed by public officers and
employees, including those in government-owned or controlled corporations, in relation
to their office as may be determined by law. The jurisdiction of the Sandiganbayan is
perhaps one of the most often amended provision from the 1973 Constitution to
Republic Act (R.A.) No. 8249. Before R.A. No. 8249, jurisdiction of the Sandiganbayan
was determined on the basis of the penalty imposable on the offense charged.
Thereafter, it was amended such that regardless of the penalty, so long as the offense
charged was committed by a public officer, the Sandiganbayan was vested with
jurisdiction. Under R.A. No. 8249, to determine whether the Sandiganbayan has
jurisdiction, a person must look into two (2) criteria, namely, the nature of the offense
and the salary grade of the public official.
http://sb.judiciary.gov.ph/
R.A. No. 9503 took effect on July 5, 2008, which further enlarged the organizational
structure of the CTA. The CTA is now composed of one (1) Presiding Justice and eight
(8) Associate Justices. The CTA may sit en banc or in three (3) divisions with each
division consisting of three (3) Justices. A decision of a division of the CTA may be
appealed to the CTA En Banc, and the latter’s decision may further be appealed by
verified petition for certiorari to the Supreme Court.
http://cta.judiciary.gov.ph/