HISTORY OF PHILIPPINE JUDICIARY
136 abolished
The Judicial System of the Pre-Spanish Era
 The laws enforced were derived from
customs, usages and tradition.
 Laws were believed to be God-given and
were orally transmitted from generation to
generation.
 Exercise of his Judicial Authority
 The datu acted as a judge (hukom)
in settling disputes and deciding cases in
his barangay.
The Judicial System Under the Spanish Regime
King Philip II
 He established the Real Audiencia
De Manila which was given not only
judicial but legislative, executive,
advisory, and administrative
functions as well.
Composition
 Incumbent Governor General as the
Presidente (Presiding Officer)
 Four Oidores (equivalent to
associate justices), as Asesor (Legal
Adviser)
 An Alguacil Mayor (Chief Constable)
 The Audiencia was given a non-
judicial role in the colonial
administration.
 1861, the Audiencia had ceased to
perform these executive and
administrative functions and had
been restricted to the
administration of justice.
The Judicial System during the American
Occupation
 The judicial system established during
the regime of the military government
functioned as an instrument of the
executive—not of the judiciary—as an
independent and separate branch of
government.
 Secretary of State John Hay, on May
12, 1899, proposed a plan for a
colonial government of the Philippine
Islands which would give Filipinos the
largest measure of self-government.
 On May 29, 1899, General Elwell Stephen
Otis, Military Governor for the Philippines,
issued General Order No. 20, reestablishing
the Audiencia Teritorial de Manila which
was to apply Spanish laws
and jurisprudence recognized by the
American military governor as continuing in
force.
The Establishment of the Supreme Court of
the Philippines
 On June 11, 1901, the Second
Philippine Commission passed Act No. 136
entitled “An Act Providing for the
Organization of Courts in the Philippine
Islands” formally establishing the Supreme
Court of the Philippine Islands and creating
Courts of First Instance and Justices of the
Peace Courts throughout the land.
 Act No.
the Audiencia established under General
Order No. 20 and declared that the
Supreme Court created by the Act be
substituted in its place. This effectively
severed any nexus between the present
Supreme Court and the Audiencia.
The Supreme Court During the Commonwealth
 Following the ratification of the 1935
Philippine Constitution in a plebiscite, the
principle of separation of powers was
adopted not by express and specific
provision to that effect, but by actual
division of powers of the government—
executive, legislative, and judicial—in
different articles thereof.
 The Court during the Commonwealth was
composed of “a Chief Justice and ten
Associate Justices, and may sit en banc or in
two divisions, unless otherwise provided by
law.”
The Supreme Court of the Second Republic
 After the Japanese occupation during
the Second World War and the
subsequent independence from the United
States, Republic Act No. 296 or the Judiciary
Act of 1948 was enacted. This law grouped
together the cases over which the Supreme
Court could exercise exclusive jurisdiction to
review on appeal, certiorari or writ of error.
The Supreme Court Under the
1973 Constitution
 The declaration of Martial Law through
Proclamation No. 1081 by former President
Ferdinand E, Marcos in 1972 brought about
the transition from the 1935 Constitution to
the 1973 Constitution. This transition had
implications on the Court’s composition
and functions.
 The 1973 Constitution increased the
number of the members of the Supreme
Court from 11 to 15, with a Chief Justice and
14 Associate Justices. The Justices of the
Court were appointed by the President
alone, without the consent, approval, or
recommendation of any other body or
officials.
The Supreme Court Under the
Revolutionary Government
 Shortly after assuming office as the seventh
President of the Republic of the Philippines
after the successful People Power
Revolution, then President Corazon
C. Aquino declared the existence of a
revolutionary government under
Proclamation No. 1 dated February 25,
1986.
 On March 25, 1986, President Corazon
Aquino, through Proclamation No. 3, also
abolished the 1973 Constitution and put in
place a Provisional “Freedom” Constitution.
Under Article I, section 2 of the Freedom
Constitution, the provisions of the 1973
Constitution on the judiciary were adopted
insofar as they were not inconsistent with
Proclamation No. 3.
 Article V of Proclamation No. 3 provided for
the convening of a Constitutional
Commission composed of fifty appointive
members to draft a new constitution; this
would be implemented by Proclamation No.
9. The output of the
Constitutional Commission of 1986 was
submitted to the people for ratification,
under Filipino people then ratified
the Constitution submitted to them by the
Constitutional Commission on February 2,
1987.
The Supreme Court Under the
1987 Constitution
 As in the 1935 and 1973 Constitutions, the
1987 Constitution provides that “[t]he
judicial power shall be vested in one
Supreme Court and in such lower courts as
may be established by law.” (Art. VII, Sec. 1).
 The grant to the Judiciary of fiscal
autonomy. “Appropriations for the Judiciary
may not be reduced by the legislature
below the amount appropriated for the
previous year, and, after approval, shall be
automatically and regularly released.” (Art.
VIII, Sec. 3).
 The grant to the Chief Justice of authority to
augment any item in the general
appropriation law for the Judiciary from
savings in other items of said appropriation
as authorized by law. (Art. VI, Sec. 25[5])
 The removal from Congress of the power to
deprive the Supreme Court of its jurisdiction
over cases enumerated in Section 5 of
Article VIII.
 The grant to the Court of the power to
appoint all officials and employees of the
Judiciary in accordance with the Civil Service
Law (Art. VIII, Sec. 5 [6])
 The removal from the Commission
of Appointments of the power to
confirm appointments of justices and judges
(Art. VIII, Sec. 8)
 The removal from Congress of the power
to reduce the compensation or salaries of
the Justices and judges during their
continuance in office. (Art. VIII, Sec. 10)
 The prohibition against the removal of
judges through legislative reorganization by
providing that “(n)o law shall be passed
reorganizing the Judiciary when
it undermines the security of tenure of its
members. (Art. VIII, Sec. 2)
 The grant of sole authority to the
Supreme Court to order the temporary
detail of judges. (Art. VIII, Sec. 5[3])
 The prohibition against
designating members of the Judiciary to any
agency performing quasi-judicial or
administrative function. (Art. VIII, Sec. 12)
 The grant of administrative supervision over
the lower courts and its personnel in the
Supreme Court. (Art. VIII, Sec. 6)
 The Supreme Court under the
present Constitution is composed of a Chief
Justice and 14 Associate Justices.
 The members of the Court are appointed by
the President from a list prepared by the
Judicial and Bar Council of at least three
nominees for every vacancy. This new
process is intended to “de-politicize”
the courts of justice, ensure the choice of
competent judges, and fill existing vacancies
without undue delay.
ARTICLE 8 – JUDICIAL DEPARTMENT
SECTION 1
The judicial power shall be vested in
one Supreme Court and in such lower
courts as may be established by law.
JUDICIAL POWER
Judicial power: the power to apply the
laws to contests or disputes concerning
legally recognized rights
Loosely, the judiciary refers to the court
system
Generally entails two activities:
1. Settling legal controversies
2. Determining whether there has
been grave abuse of discretion
amounting to lack or excess of
jurisdiction by any branch of
government
SECTION 2
The Congress shall have the power to
define, prescribe, and apportion the
jurisdiction of the various courts but
may not deprive the Supreme Court of
its jurisdiction over cases enumerated in
Section 5 hereof.
No law shall be passed reorganizing the
Judiciary when it undermines the
security of tenure of its Members.
Congress has the power to create new
courts and to apportion jurisdiction
among various courts. However, in the
exercise of this power Congress may not
impair the independence of the
judiciary.
SECTION 3
The Judiciary shall enjoy fiscal
autonomy. Appropriations for the
Judiciary may not be reduced by the
legislature below the amount
appropriated for the previous year and,
after approval, shall be automatically
and regularly released.
“Appropriations for the Judiciary may
not be reduced by the legislature below
the amount appropriated for the
previous year and, after approval, shall
be automatically and regularly
released.” Fiscal autonomy is granted to
the Supreme Court in order to
strengthen its independence.
SCOPE OF JUDICIAL POWER
Adjudicating Power
 The power to settle legal
disputes
Power of Judicial Review
 Refers to the power of the
Supreme Court to interpret and
make judgments with respect to
the law
Incidental Powers
 Powers necessary for the
discharge of the judicial
function
SECTION 4
The Supreme Court shall be composed
of a Chief Justice and fourteen Associate
Justices. It may sit en banc or in its
discretion, in division of three, five, or
seven Members. Any vacancy shall be
filled within ninety days from the
occurrence thereof.
THE SUPREME COURT
Composition
 1 Chief Justice and 14 Associate
Justices
 Sits en banc or in divisions
Qualifications
 By appointment
 40 years of age
 Natural born citizen
 Judge or legal practitioner for
15 years
JUSTICES OF THE SUPREME COURT (2019 -
2021)
Chief Justice DIOSDADO M. PERALTA
ASSOCIATE JUSTICES:
 Justice Estela M. Perlas-Bernabe
 Justice Marvic M.V.F. Leonen
 Justice Alfredo Benjamin S.
Caguioa
  Justice Alexander G. Gesmundo
 Justice Ramon Paul L. Hernando
 Justice Rosmari D. Carandang
 Justice Amy C. Lazaro-Javier
 Justice Henri Jean Paul B. Inting
 Justice Rodil V. Zalameda
 Justice Mario V. Lopez
 Justice Edgardo L. Delos Santos
 Justice Samuel H. Gaerlan
 Justice Ricardo R. Rosario
INCUMBENT CHIEF JUSTICE OF THE SUPREME
COURT
Chief Justice Alexander G. Gesmundo
ASSOCIATE JUSTICES:
 Justice Marvic M.V.F. Leonen
 Justice Alfredo Benjamin S. Caguioa
 Justice Ramon Paul L. Hernando
 Justice Amy C. Lazaro-Javier
 Justice Henri Jean Paul B. Inting
 Justice Rodil V. Zalameda
 Justice Mario V. Lopez
 Justice Samuel H. Gaerlan
 Justice Ricardo R. Rosario
 Justice Jhosep Y. Lopez
 Justice Japar B. Dimaampao
 Justice Jose Midas P. Marquez
 Justice Antonio T. Kho, Jr.
 Justice Maria Filomena D. Singh
 All cases involving the
constitutionality of a treaty,
international or executive
agreement, or law, which shall be
heard by the Supreme Court en
banc, and all other cases which
under the Rules of Court are
required to be heard en
banc, including those involving the
constitutionality, application, or
operation of presidential decrees,
proclamations, orders, instructions,
ordinances, and other regulations,
shall be decided with the
concurrence of a majority of the
POWERS OF THE SUPREME COURT (Section 5,
Members who actually took part in
par. 1-6)
the deliberations on the issues in
the case and voted thereon.
 When the required number is not
obtained, the case shall be decided
en banc: Provided, that no doctrine
or principle of law laid down by the
court in a decision rendered en
banc or in division may be modified
or reversed except by the court
sitting en banc.
EN BANC CASES.
1. all cases involving the constitutionality
of a treaty, international or executive
agreement, or law;
2. all cases which under the Rules of court
may be required to be heard en banc;
3. all cases involving the constitutionality,
application or operation of presidential
decrees, proclamations, orders,
instructions, ordinances and other
regulations
4. cases heard by a division when the
required majority in the division is not
obtained;
5. cases where the Supreme Court
modifies or reverses a doctrine or
principle of law previously laid down
either en banc or in division;
6. administrative cases involving the
discipline or dismissal of judges of lower
courts (Section 11);
7. election contests for President or Vice-
President.
SC has jurisdiction over:
1. Cases involving ambassadors and
public ministers
2. Petitions for certiorari, mandamus,
quo warranto, prohibition & habeas
corpus
3. Review judgments of lower courts
on cases involving constitutionality,
legality of any tax, reclusion
perpetua and errors on questions of
law
4. Assignment of judges to the lower
courts
CERTIORARI
Certiorari is a writ or order
issued by a superior court to an
inferior tribunal or an officer
exercising judicial function in
order to correct the act or acts
of the latter when same are
done without or in excess of
jurisdiction or with grave abuse
of discretion and that the
 aggrieved party has no other
plain, speedy and adequate
remedy;
PROHIBITION
Prohibition is also a judicial
order the purpose of which is to
prevent the carrying out or
commission of an act by an
inferior tribunal or person
exercising judicial or non-
judicial functions.
MANDAMUS
Mandamus is likewise a judicial
order similar to the foregoing
but the purpose is to compel
the performance of an act by an
inferior tribunal or person.
QUO WARRANTO
Quo warranto proceeding is one
brought in the name of the
Republic of the Philippines
when there is usurpation of
public office or franchise and
the usurper or holder of such
public office or franchise is not
legally entitled thereto. (Rule
65, Rules of Court.)
HABEAS CORPUS
A Habeas corpus petition is
available to a person who is
unlawfully deprived of his
freedom and results in such
person being brought up to
court by the detention officer in
order that the legality and
illegality of the detention shall
be determined.
5. Order a change of venue for a trial
6. Promulgate rules of court
7. Appoint officials of the judiciary and
hire employees for the judicial
branch
RENDERING COURT DECISIONS
 Once a decision is reached, a SC Justice is
assigned to write an opinion
 The opinion is certified by the Chief Justice
and served to the parties concerned
 Dissentions and abstentions must be
explained
 The opinion must explain facts of law
SECTION 6
The Supreme Court shall have
SECTION 8
administrative supervision over all courts
and the personnel thereof.
ADMINISTRATIVE SUPERVISION OVER LOWER
COURTS
The Supreme Court exercise
administrative supervision over all
courts from the Court of Appeals down
to the lowest courts and the personnel
thereof. This is one of the fundamental
changes introduced in respect of the
judicial system by the 1973
Constitution.
SECTION 7
1. No person shall be appointed Member
of the Supreme Court …unless he is a
natural-born citizen of the Philippines. A
Member of the Supreme Court must be
at least forty years of age, and must
have been for fifteen years or more, a
judge of a lower court or engaged in the
practice of law in the Philippines.
QUALIFICATIONS OF A MEMBER OF THE
SUPREME COURT
 must be a natural-born citizen of the
Philippines;
 must be at least forty years of age,
 must have been for fifteen years or
more a judge of a lower court or
engaged in the practice of law in the
Philippines;
 a person of proven competence,
integrity, probity and independence.
(1) A Judicial and Bar Council is hereby
created under the supervision of
the Supreme Court composed of
the Chief Justice as ex officio
Chairman, the Secretary of Justice,
and a representative of the
Congress as ex officio Members, a
representative of the Integrated Bar,
a professor of law, a retired
Member of the Supreme Court, and
a representative of the private
sector.
 JUDICIAL AND BAR COUNCIL
Tasked with nominating appointees
to the Judiciary (SC 🡪 3)
Composition:
 Chief Justice
 Secretary of Justice
 Representative from Congress
 IBP Representative
 Retired member of the
Supreme Court
 Prof. of law
 Private Sector Representative
SECTION 9
The Members of the Supreme Court and
judges of lower courts shall be
appointed by the President from a list of
at least three nominees preferred by
SECTION 11
the Judicial and Bar Council for every
vacancy. Such appointments need no
confirmation.
For the lower courts, the President shall
issue the appointment within ninety
days from the submission of the list.
SECTION 10
The salary of the Chief Justice and of the
Associate Justices of the Supreme
Court, and of judges of lower courts
shall be fixed by law. During the
continuance in office, their salary shall
not be decreased.
COMPENSATION OF MEMBERS OF THE
JUDICIARY
(1) Prohibition against reduction – the
salary of the members of the
Supreme Court and of judges of
lower courts shall be fixed by law.
Until Congress shall provide
otherwise, the initial annual salary
of the Chief Justice is P240,000 and
each Associate Justice, P204,000
(Article XVIII, Section 17.) After
Congress has fixed the
compensation of any of them, it
may not reduce the same during his
incumbency;
(2) Purpose of the prohibition – the
purpose is not to benefit the judges
but to attract good and competent
men to the bench and to promote
their independence of action and
judgment.
RETIREMENT AGE
The Members of the Supreme Court and
judges of the lower court shall hold
office during good behavior until they
reach the age of seventy (70) years or
become incapacitated to discharge the
duties of their office.
The Supreme Court en banc shall have
the power to discipline judges of lower
courts, or order their dismissal by a vote
of majority of the Members who
actually took part in the deliberations
on the issues in the case and voted in
thereon.
TENURE OF OFFICE OF MEMBERS OF
THE JUDICIARY
1. Importance of security of tenure
 Section 11 insures the security
of tenure of the members of the
Supreme Court and the judges
of lower courts.
 They shall hold office during
good behavior until they reach
the age of seventy (70) years or
 become incapacitated ,
physically or mentally, to
discharge the duties of their
office.
 Security of tenure dependent
upon good behavior has long
been considered as an
indispensable guarantee to
keep judicial independence, the
cornerstone of all systems of
effective administration of
justice.
The retirement age in the 1973
Constitution was reduced from
the original seventy (70) to
sixty-five (65) years which is the
retirement age of other non-
elective government officials
and employees and restored
again to seventy (70).
The reduction was obviously
intended to afford members of
the judiciary ample time to
enjoy the benefits of their
retirement from the service and
to give opportunity to
 comparatively younger men to
occupy the Bench.
TERMINATION OF RIGHT TO HOLD OFFICE
The Constitution provides for the
impeachment of the members of the
Supreme Court. (Article XI, Section 2.)
As for judges of lower courts, Congress
has the power to prescribe the
procedure and the causes for their
removal.
DISCIPLINING OR DISMISSAL OF JUDGES OF
LOWER COURTS.
The present Constitution gives to the
Supreme Court the power to discipline
judges of lower courts, including justices
of the Court of Appeals and the
Sandiganbayan.
By a vote of a majority of the members
who actually took part in the
deliberations on the issues in the case
and voted thereon, it can order their
dismissal.
SECTION 12
The Members of the Supreme Court and
of other courts established by law shall
not be designated to any agency
performing quasi-judicial or
administrative function.
REASONS FOR THE PROHIBITION
1. Such designation violates the
doctrine of separation of powers
between the judicial and the
executive branches of the
government;
2. It may compromise the
independence of the members in
the performance of their judicial
functions;
3. With so many cases pending in
courts, the practice will result in
further delay in their disposition.
The Supreme Court and the Court
of Appeals particularly, which are
already burdened with heavy load
of cases, could never reduce, much
less eliminate, the backlog in their
dockets if their members could be
assigned to non-judicial agencies.
SECTION 15
SECTION 13
The conclusions of the Supreme Court
in any case submitted to it for the
decision en banc or in division shall be
reached in consultation before the case
assigned to a Member for the writing of
the opinion of the Court.
A certification to this effect signed by
the Chief Justice shall be issued and a
copy thereof attached to the record of
the case and served upon the parties.
SECTION 14
No decision shall be rendered by any
court without expressing therein clearly
and distinctly the facts and the law on
which it is based.
No petition for review or motion for
reconsideration of a decision of the
court shall be refused due course or
denied without stating the legal basis
therefore.
MEANING OF DECISION
Decision is the judgment
rendered by a court of justice or
other competent tribunal after
the presentation of the
respective positions of the
parties in an ordinary or
criminal case or upon a
stipulation of facts upon which
the disposition of the case is
based.
All cases or matters filed after the
effectivity of this Constitution must be
decided or resolved within twenty-four
months from date of submission for the
Supreme Court, and, unless reduced by
the Supreme Court, twelve months for
all lower collegiate courts, and three
months for all other lower courts.
A case or matter shall be deemed
submitted for decision or resolution
upon the filing of the last pleading,
brief, or memorandum required by the
Rules of Court or by the court itself.
MAXIMUM PERIODS FOR RENDITION OF
DECISIONS.
From date of submission for
decision or resolution – by
constitutional mandate, the
 various courts must decide or
resolve a case or matter
submitted thereto within the
following periods from the date
of submission:
Supreme Court – within twenty-
four (24) months;
MEMORANDUM
A "memorandum of law" may
be prepared by an attorney to
support a legal argument, which
is similar to a brief but with less
attention to legal writing
formalities.

The Court of Appeals and other SECTION 16

collegiate appellate courts –
within twelve (12) months
unless reduced by the Supreme
Court;
Lower courts – within three (3)
months unless reduced by the
Supreme Court.
A case or matter is deemed
submitted for decision or
resolution from the date the
last pleading (Section 5[5].),
brief, or memorandum is filed.
PLEADING
IN LAW –pleading is a formal
statement of the cause of an
action or defense.
The Supreme Court shall, within thirty
days from the opening of each regular
session of the Congress, submit to the
President and the Congress an annual
report on the operations and activities
of the Judiciary.
The above provision requires the
Supreme Court to submit to the
President and Congress an annual
report on the operations and activities
of the judiciary. Through such report
and the recommendations that the
Supreme Court may make, the
President and the Congress may be
guided in proposing or in the enactment
of legislation affecting the courts and
the administration of justice.

BRIEF

A brief (Old French from Latin

"brevis", short) is a written legal
document used in various legal
adversarial systems that is
presented to a court arguing
why one party to a particular
case should prevail.