Judicial Branch in the Philippines

Judicial power is vested in a Supreme Court and in such lower courts as may
be established by law. The highest court:Supreme Court (consists of a chief
justice and 14 associate justices). Judge selection and term of office: justices
are appointed by the president on the recommendation of the Judicial and Bar
Council, a constitutionally-created, 6-member body that recommends Supreme
Court nominees; justices serve until age 70. Subordinate courts: Court of
Appeals; Sandiganbayan (special court for corruption cases of government
officials); Court of Tax Appeals; regional, metropolitan, and municipal trial
courts; sharia courts. [Source: CIA World Factbook]

The Philippines has an independent judiciary, with the Supreme Court as the
highest court of appeal. The Supreme Court also is empowered to review the
constitutionality of presidential decrees. The Supreme Court consists of a
chief justice and 14 associate justices. It is not necessary for the entire court
to convene in all cases. Justices are appointed by the president on the
recommendation of the Judicial and Bar Council and serve until 70 years of
age. Lower-level courts include a national Court of Appeals divided into 17
divisions, local and regional trial courts, and an informal local system to settle
certain disputes outside the formal court system. In 1985 a separate court
system founded on Islamic law (sharia) was established in the southern
Philippines with jurisdiction over family and contractual relations among
Muslims. Three district magistrates and six circuit judges oversee the Islamic
law system. A special court—the Sandiganbayan or anti-graft court—focuses
exclusively on investigating charges of judicial corruption. [Source: Library of
Congress, 2006]

The 1981 Judicial Reorganization Act provides for four main levels of courts
and several special courts. At the local level are metropolitan trial courts,
municipal trial courts, and municipal circuit trial courts. The next level
consists of regional trial courts, one for each of the nation's thirteen political
regions, including Manila. Courts at the local level have original jurisdiction
over less serious criminal cases while more serious offenses are heard by the
regional level courts, which also have appellate jurisdiction. At the national
level is the Intermediate Appellate Court, also called the court of appeals.
Special courts include Muslim circuit and district courts in Moro (Muslim
Filipino) areas, the court of tax appeals, and the Sandiganbayan. The
Sandiganbayan tries government officers and employees charged with
violation of the Anti-Graft and Corrupt Practices Act. [Source: Library of
Congress, 1991 *]

The armed forces maintain an autonomous military justice system. Military

courts are under the authority of the judge advocate general of the armed
forces, who is also responsible for the prosecutorial function in the military
courts. Military courts operate under their own procedures but are required to
accord the accused the same constitutional safeguards received by civilians.
Military tribunals have jurisdiction over all activeduty members of the Armed
Forces of the Philippines. *

Supreme Court of the Philippines

Supreme Court has been set up along the American model. It consists of a
chief justice and 14 associate justices. Judge selection and term of office:
justices are appointed by the president on the recommendation of the Judicial
and Bar Council, a constitutionally-created, 6-member body that recommends
Supreme Court nominees. Justices serve until age 70.

The Supreme Court, at the apex of the judicial system, consists of a chief
justice and fourteen associate justices. It has original jurisdiction over cases
affecting ambassadors, other public ministers, and consuls, and over petitions
for injunctions and writs of habeas corpus; it has appellate jurisdiction over all
cases in which the constitutionality of any treaty, law, presidential decree,
proclamation, order, or regulation is questioned. The Supreme Court also may
hear appeals in criminal cases involving a sentence of life in prison. Article 3
of the Constitution forbids the death penalty "unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it." [Source:
Library of Congress, 1991 *]

The Supreme Court also regulates the practice of law in the Philippines,
promulgates rules on admission to the bar, and disciplines lawyers. To be
admitted to the Integrated Bar of the Philippines, candidates must pass an
examination that is administered once annually. Professional standards are
similar to those of the United States; the Integrated Bar Association's code
borrows heavily from the American Bar Association's rules. Some 30,000
attorneys practiced law in the Philippines in the mid1980s , more than one-
third of them in Manila. Counsel for the indigent, while not always available, is
provided by government legal aid offices and various private organizations.
Many of the private groups are active in representing "social justice" causes
and are staffed by volunteers. *

Members of the Supreme Court and judges of lower courts are appointed by
the president from a list of at least three nominees prepared by the Judicial
and Bar Council for every vacancy. The Judicial and Bar Council consists of a
representative of the Integrated Bar, a law professor, a retired member of the
Supreme Court, and a representative of the private sector. Presidential
appointments do not require confirmation. Supreme Court justices must be at
least forty years of age when appointed and must retire at age seventy.
According to Article 11 of the constitution, members of the Supreme Court
"may be removed from office on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, graft and corruption, other high
crimes, or betrayal of public trust." The House has exclusive power to initiate
cases of impeachment. The Senate tries such cases, and two-thirds of the
Senate must concur to convict someone. The judiciary is guaranteed fiscal
autonomy. *