Supreme Court of the Philippines

From Worldatplay

The Supreme Court of the Philippines (Filipino: Kataas-taasang Hukuman ng Pilipinas) is the country's highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice. Pursuant to the Constitution, the Supreme Court has "administrative supervision over all courts and the personnel thereof".

The Supreme Court complex occupies the corner of Padre Faura Street and Taft Avenue in Manila, with the main building directly fronting the Philippine General Hospital. Until 1945, the Court held office within Intramuros.

Contents 1 Constitutional role 2 Functions 3 Cases 3.1 Appellate review 3.2 Original jurisdiction 4 The Philippine Court System

Constitutional role

A person must meet the following requirements in order to be appointed to the Supreme Court: (1) natural-born citizenship, (2) at least 40 years old; (3) must have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines. An additional constitutional requirement, though less precise in nature, is that a Justice “must be a person of proven competence, integrity, probity, and independence.” Upon a vacancy in the Court, whether for the position of Chief Justice or Associate Justice, the President fills the vacancy by appointing a person from a list of at least 3 nominees prepared by the Judicial and Bar Council.

Beginning with the 1935 Constitution, Supreme Court Justices are obliged to retire upon reaching the mandatory retirement age of 70.

Functions

The powers of the Supreme Court are defined in Article VIII of the Constitution. These functions may be generally divided into two – judicial functions and administrative functions. The administrative functions of the Court pertain to the supervision and control over the Philippine judiciary and its employees, as well as over members of the Philippine bar. Pursuant to these functions, the Court is empowered to order a change of venue of trial in order to avoid a miscarriage of justice and to appoint all officials and employees of the judiciary. The Court is further authorized to promulgate the rules for admission to the practice of law, for legal assistance to the underprivileged, and the procedural rules to be observed in all courts.

The more prominent role of the Court lies in the exercise of its judicial functions. Section 1 of Article VIII contains definition of judicial power that had not been found in previous constitutions. The provision states in part that:

Judicial power includes the duty of courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.

The definition reaffirms the power of the Supreme Court to engage in judicial review, a power that had traditionally belonged to the Court even before this provision was enacted. Still, this new provision effectively dissuades from the easy resort to the political question doctrine as a means of declining to review a law or state action. As a result, the existence of “grave abuse of discretion” on the part of any branch or instrumentality of the government is sufficient basis to nullify state action.

Cases

The Court is authorized to sit either en banc or in divisions of 3, 5 or 7 members. Since the 1970s, the Court has constituted itself in 3 division with 5 members each. Majority of the cases are heard and decided by the divisions, rather than the court en banc. However, the Constitution requires that the Court hear en banc “[a]ll cases involving the constitutionality of a treaty, international or executive agreement, as well as “those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations”. The Court en banc also decides cases originally heard by a division when a majority vote cannot be reached within the division. The Court also has the discretion to hear a case en banc even if no constitutional issue is involved, as it typically does if the decision would reverse precedent or presents novel or important questions.

Appellate review

Far and away the most common mode by which a case reaches the Supreme Court is through an appeal from a decision rendered by a lower court. Appealed cases generally originate from lawsuits or criminal indictments filed and tried before the trial courts. These decisions of the trial courts may then be elevated on appeal to the Court of Appeals, or more rarely, directly to the Supreme Court if only “questions of law” are involved. Apart from decisions of the Court of Appeals, the Supreme Court may also directly review on appeal decisions rendered by the Sandiganbayan and the Court of Tax Appeals. Decisions rendered by administrative agencies are not directly appealable to the Supreme Court, they must be first challenged before the Court of Appeals. However, decisions of the Commission on Elections may be elevated directly for review to the Supreme Court, although the procedure is not, strictly speaking, in the nature of an appeal.

Review on appeal is not as a matter of right, but "of sound judicial discretion and will be granted only when there are special and important reasons therefor". In the exercise of appellate review, the Supreme Court may reverse the decision of lower courts upon a finding of an "error of law". The Court generally declines to engage in review the findings of fact made by the lower courts, although there are notable exceptions to this rule. The Court also refuses to entertain cases originally filed before it that should have been filed first with the trial courts.

Original jurisdiction

The other mode by which a case reaches the Supreme Court is through an original petition filed directly with the Supreme Court, in cases where the Constitution establishes “original jurisdiction” with the Supreme Court. Under Section 5(1), Article VIII of the Constitution, these are “cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus”. Resort to certiorari, prohibition and mandamus may be availed of only if "there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law".

However, notwithstanding this grant of original jurisdiction, the Court has, through the years, assigned to lower courts such as the Court of Appeals the power to hear petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus. As a result, the Court has considerable discretion to refuse to hear these petitions filed directly before it on the ground that such should have been filed instead with the Court of Appeals or the appropriate lower court. Nonetheless, cases that have attracted wide public interest, or where a speedy resolution is of the essence, have been accepted for decision by the Supreme Court without hesitation.

In cases involving the original jurisdiction of the Court, there must be a finding of "grave abuse of discretion" on the part of the respondents to the suit to justify favorable action on the petition. The standard of "grave abuse of discretion", a markedly higher standard than "error of law", has been defined as "a capricious and whimsical exercise of judgment amounting to lack of jurisdiction."

The Philippine Court System

• Court of Appeals
  • Regional Trial Courts
    • Metropolitan Trial Courts
    • Municipal Trial Courts in Cities
    • Municipal Trial Courts
    • Municipal Circuit Trial Courts
• Sandiganbayan
• Court of Tax Appeals