Judiciary of the Philippines
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The judiciary of the Philippines consists of the Supreme Court, which is established in the Constitution, and three levels of lower courts, which are established through law by the Congress of the Philippines. The Supreme Court has expansive powers, able to overrule political and administrative decisions, and with the ability to craft rules and law without precedent. It further determines the rules of procedure for lower courts, and its members sit on electoral tribunals.
Below the Supreme Court is the Court of Appeals, which also has national scope with different divisions based in different regions of the country. Decisions from this court can only be appealed to the Supreme Court. Below this level are Regional Trial Courts, which are spread throughout the country among judicial regions. Some of these courts are specialized to deal with certain types of cases. Below these courts are the first level Metropolitan and Municipal Trial Courts, which are located in cities and municipalities throughout the country.
Outside of the regular court systems, special courts have been set up to deal with particular cases. These include the Court of Tax Appeals and the Sandiganbayan, which are considered equivalent to the Court of Appeals. In some parts of the country, Sharia courts have been established. Outside of the court system, a number of quasi-judicial bodies have some powers established via law.
The Supreme Court was given its expansive powers following a period of martial law, where the Executive dominated. While the Judiciary oversees the other branches of government, judges are appointed to the Judiciary by the President of the Philippines from a shortlist submitted by the Judicial and Bar Council, a body the President can influence.
Hierarchy of Courts
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Supreme Court
The Supreme Court (SC) is the highest court of the land and is the court of last resort.
The 1987 constitution gives the Supreme Court "original jurisdiction on cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus".[4][1]: 48 It is the appellate court for cases where "the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question", for the "legality of any tax" and related matters, where the "jurisdiction of any lower court is in issue", "criminal cases where the penalty is reclusión perpetua or higher", and "in which only an error or question of law is involved".[4][1]: 48–49 Appeals from lower courts are taken on certiorari.[1]: 66–67 Appellate jurisdiction over various matters can be increased by the Philippine Congress in agreement with the court.[1]: 48
The court's powers allow it to
The Supreme Court is the only court established through the constitution, with all lower courts being established through legislation.[1]: 39 It makes up the fourth and highest level of court, with lower courts on the same level unable to review the decisions of courts at the same level.[15] The rules governing the proceedings in the lower courts are determined by the Supreme Court.[1]: 46
Regular courts
In addition to the Supreme Court, there are three lower levels of regular courts. This structure is hierarchical.[1]: 8–9 Second and First-level courts are organized geographically, although this is purely an administrative arrangement.[16]
Third-level courts
The Court of Appeals (CA) is the appellate court for civil and criminal cases not involving actions related to governing the country, and has original jurisdiction on issuance of writs of mandamus, prohibition, injunction, certiorari, habeas corpus and other auxiliary writs.[17] The court is composed of 68 associate justices headed by a presiding justice. These are divided into 23 divisions of 3 members, 17 of which are based in Manila and hear cases from Luzon, 3 of which are based in Cebu City and hear cases from the Visayas, and 3 which are based in Cagayan de Oro and hear cases from Mindanao.[1]: 40 The court shares some concurrent original jurisdiction with the Supreme Court.[1]: 48 It is the second highest court, and decisions reached by this court can only be appealed to the Supreme Court on questions of law.[17]
Second-level courts
A Regional Trial Court (RTC) has original jurisdiction on criminal matters, except on those where the Sandiganbayan has original jurisdiction on, and for certain civil suits.[1]: 53, 57 Multiple branches of regional trial courts can be established in the same judicial region. Each branch, as in all second and first level courts, is led by a single judge.[15] Some RTC branches are directed to focus exclusively on certain types of cases.[1]: 45, 101
First-level courts
First-level courts have original jurisdiction on criminal matters, except on those where the Sandiganbayan and Regional Trial Courts have original jurisdiction on, on violations of city or municipal ordinances, on certain civil cases, and on cases involving forcible entry.[1]: 58–59 Each court has one judge.[15] A party may appeal to a Regional Trial Court.[1]: 66
The following are the first level courts:[1]: 41 [17]
- Metropolitan Trial Courts (MeTC) are first level courts in Metro Manila
- Municipal Trial Courts (MTC) are first level courts in each municipality
- Municipal Trial Courts in Cities are first level courts in each city outside Metro Manila
- Municipal Circuit Trial Courts (MCTC) are first level courts in two or more municipalities
Special courts
Some courts have been created by law to deal with specific types of cases, with their rulings restricted to this specific jurisdiction.[1]: 7
Specialized regional courts
Some regional courts are specifically assigned to handle certain types of cases with their relevant geographical area. Some are designated as a "Family Court", with jurisdiction over cases involving children.[1]: 44 Others have been designated "Heinous Crime Courts", dealing with cases involving kidnapping, certain forms of robbery, drug crimes, intellectual property rights, and libel.[1]: 45 In 2008 some were designated to deal with environmental cases.[9]: 124 [18]
Court of Tax Appeals
The Court of Tax Appeals (CTA) both has original jurisdiction and is an appellate court for matters related to taxes.[1]: 43 The court is led by a presiding justice, and has eight associate justices. It is an appellate court, equal to the Court of Appeals.[19]
Sandiganbayan
The Sandiganbayan is a special court set up to deal with instances of corruption involving a government official or an official in a government-owned body.[1]: 42, 52 It also has jurisdiction over other crimes committed by public officials, if these felonies relate to their office.[1]: 53 The court is led by a presiding justice, and with the presiding justice, is composed of 14 associate justices. It is considered equal to the Court of Appeals.[1]: 43 The Sandiganbayan was originally established as the Tanodbayan under the 1973 constitution.[20]: 207
Cases are filed at the Sandibanbayan by the
Sharia Courts
Sharia District Courts (ShDC), which rule on
Military courts
Cases involving the military are handled by civil courts, except when the offense is determined to be service-oriented by a civil court. In that case, it shall be tried by court-martial.[26] Under martial law, military courts may try civilians if no civilian courts are functional.[27]
Quasi-judicial bodies
A quasi-judicial body can adjudicate on matters of law, but only through existing legal basis.[1]: 9 They have no actual judicial power.[1]: 7 These include:
- Agricultural Inventions Board[1]: 50
- Board of Investments[1]: 50
- Bureau of Patents, Trademarks and Technology Transfer[1]: 50
- Central Board of Assessment Appeal[1]: 49
- Civil Aeronautics Board[1]: 49
- Civil Service Commission[1]: 9
- Commission on Audit[1]: 9
- Commission on Elections[1]: 9
- Construction Industry Arbitration Commission[1]: 50
- Department of Agrarian Reform[1]: 50
- Employees Compensation Commission[1]: 50
- Energy Regulatory Board[1]: 50
- Government Service Insurance System[1]: 50
- Human Settlements Adjudication Commission
- Insurance Commission[1]: 50
- Land Registration Authority[1]: 49
- National Electrification Administration[1]: 50
- National Labor Relations Commission
- National Police Commission
- National Telecommunications Commission[1]: 50
- Office of the President[1]: 49
- Philippine Competition Commission
- Philippine Atomic Energy Commission[1]: 50
- Securities and Exchange Commission[1]: 49
- Social Security Commission[1]: 49
- Tariff Commission
The decisions of these bodies are appealed to an appellate court.[1]: 49
Electoral tribunals
There are electoral tribunals for the presidency and Congress. The Presidential Electoral Tribunal is composed of the Supreme Court.[28] The Senate Electoral Tribunal is composed of three associate justices of the Supreme Court, and six senators. The House of Representatives Electoral Tribunal is composed of three associate justices of the Supreme Court, and six representatives.[29] The composition of the six representatives from both houses should reflect the proportional distribution of political parties in Congress.[20]: 173
Independence
The Judiciary is a co-equal branch of Government to the Executive and the Legislature.[30] Under the 1987 constitution, Judicial terms of office are out of sync with other offices such as the President of the Philippines, to promote independence. The President appoints individuals to the judiciary. Appointments to the judiciary are recommended by the Judicial and Bar Council (JBC) to the President. For the Supreme Court, the President is required to select justices from a shortlist prepared by the JBC, which must include at least three people. However, there have been instances where the President has rejected a shortlist entirely and requested a new one.[23] The JBC was created to further separate the judiciary from political influence, with judges previously being approved by Congress.[2]: 364 However, the President has direct influence in the JBC, and can appoint half of its members.[30] Political pressure has also been observed in court decisions, causing inconsistency between different cases.[3]: 10875–10876
The constitution prevents the President from appointing individuals in the last two months of their term, however a 2010 Supreme Court ruling established that this prohibition did not apply to judicial appointments, overturning previous court rulings under which the prohibition did apply. This majority for this ruling consisted of appointees of President Gloria Macapagal Arroyo, whose unusually long term in office undermined some of the constitutional guards against undue Presidential influence in other branches of government. The next Chief Justice, Renato Corona, was appointed following this ruling,[23] an appointment which also broke with the traditional precedent whereby the most senior associate justice became the next Chief Justice, which had been in place since the end of martial law.[30] Corona was not recognized by subsequent President Benigno Aquino III, although his executive order cancelling the late appointments justified by the 2010 Supreme Court ruling was reversed by the Supreme Court.[23] Aquino subsequently bypassed seniority in other judicial appointments.[30] Judges must retire at age 70.[3]: 10875
There is also some legislative oversight of the judicial system, with the legislature able to carry out impeachment proceedings.[30] The first attempt to impeach a Chief Justice, in 2003, was quashed by the Supreme Court.[2]: 366–367 Corona was impeached in 2012, the first time a Chief Justice had been impeached in Philippine history.[30] His successor, Maria Lourdes Sereno, also had impeachment proceedings brought against her. However, she was removed from office through quo warranto proceedings, before any impeachment proceedings took place.[31]
The
References
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai aj ak al am an ao ap aq ar as at au av aw ax ay Pangalangan, Raul C., ed. (March 2001). "The Philippine Judicial System" (PDF). Asian Law Series. Institute of Developing Economies.
- ^ ISBN 9781107066083.
- ^ a b c d Ristroph, Elizabeth Barrett (September 2012). "The Role of Philippine Courts in Establishing the Environmental Rule of Law". Environmental Law Reporter. 42 (9). Archived from the original on 2021-02-28. Retrieved 2020-12-30.
- ^ a b "The 1987 Constitution of the Republic of the Philippines – Article VIII". Philippine Government. Retrieved December 14, 2020.
- ^ a b Bueta, Gregorio Rafael P. (June 21, 2019). "Environmental Jurisprudence from the Philippines: Are Climate Litigation Cases Just Around the Corner?". IUCN. Retrieved December 21, 2020.
- ^ a b "SC approves rule on writ of amparo vs extralegal killings". GMA News. September 25, 2007. Retrieved December 10, 2020.
- ^ "'Writ of habeas data' to uphold right to truth – SC". GMA News. August 30, 2007. Retrieved December 14, 2020.
- ^ ISBN 978-92-9037-148-9.
- ^ a b Davide, Hilario G. Jr.; Vinson, Sara (2011). "Green Courts Initiative in the Philippines" (PDF). Journal of Court Innovation. 3 (1).
- ISBN 978-0-8270-6460-7.
- ^ Resident Marine Mammals of the Protected Seascape Tañon Strait v. Angelo Reyes, et al., G.R. No. 180771 & 181527 (Republic of the Philippines Supreme Court April 21, 2015).
- ^ Rivas, Ralf (May 17, 2018). "How dolphins shaped environmental laws, protected Benham Rise". Rappler. Retrieved December 30, 2020.
- ^ "Score for sea creatures". Philippine Daily Inquirer. April 26, 2015. Retrieved December 30, 2020.
- ^ Mayol, Ador Vincent S. (April 23, 2015). "Dolphins' lawyer has the last laugh". Philippine Daily Inquirer. Retrieved December 30, 2020.
- ^ a b c d "The Judicial Branch". Council of ASEAN Chief Justices. Archived from the original on June 5, 2021. Retrieved December 10, 2020.
- ^ SyCip Salazar Hernandez; Gatmaitan (April 3, 2019). "Appeals in the Philippines". Lexology. Retrieved December 30, 2020.
- ^ a b c d "Philippine Court System". Council of ASEAN Chief Justices. Archived from the original on October 8, 2020. Retrieved December 10, 2020.
- ^ "Manila creates green courts for environmental cases". Reuters. January 14, 2008. Retrieved December 21, 2020.
- ^ "Welcome to the Court of Tax Appeals". Court of Tax Appeals. Retrieved December 8, 2020.
- ^ ISBN 9789712345463.
- ^ Santos, Reynaldo Jr. (June 14, 2014). "Get to know the anti-graft court Sandiganbayan". Rappler. Retrieved December 10, 2020.
- ^ Nicholls, AC (November 24, 2020). "Ombudsman faces possible all-time low record in cases filed at Sandiganbayan". CNN Philippines. Archived from the original on November 30, 2020. Retrieved December 10, 2020.
- ^ a b c d Rose-Ackerman, Susan; Desierto, Diane A.; Volosin, Natalia (2011). "Hyper-Presidentialism: Separation of Powers without Checks and Balances in Argentina and Philippines". Berkeley Journal of International Law. 29: 302–306, 323–325.
- ^ a b "Courts for Muslims A Primer on the Philippine Shari'a Courts" (PDF). Asian Institute of Journalism and Communication. Retrieved December 16, 2020.
- ^ Aning, Jerome (June 1, 2014). "SC: Parties in Shari'a courts must be Muslim". The Inquirer. Retrieved December 16, 2020.
- ^ "Republic Act No. 7055". Presidential Communications Operations Office. Retrieved December 9, 2020.
- ^ "Philippines: Martial Law Threatens Escalation of Abuses". Human Rights Watch. May 25, 2017. Retrieved December 9, 2020.
- ^ Te, Theodore (November 10, 2020). "The Sol-Gen's P.E.T. problem". Retrieved December 9, 2020.
- ISBN 9789715740623.
- ^ S2CID 154463227.
- ISBN 9789814843287.
- ^ Lim, Gerard (January 11, 2016). "FAST FACTS: The Office of the Solicitor General and its roles". Rappler. Retrieved May 2, 2021.
External links
- "Supreme Court of the Philippines".
- "Sandiganbayan".
- "Court of Tax Appeals".
- "Office of the Court Administrator".
- "Philippine Judicial Academy".
- Johnson, David Cecil (February 1916). "Courts in the Philippines, Old: New". Michigan Law Review. 14 (4): 300–319. JSTOR 1274449.
- Valle-Corpuz, Menrado. "The role and function of the prosecution in the Philippine criminal justice system" (PDF). United Nations Asia and Far East Institute.