HISTORY OF THE JUDICIAL SYSTEM OF THE PHILIPPINES

Site: New Era University Printed by: Frederick Hawac

Course: CLJ 5 - Court Testimony Date: Saturday, 17 October 2020, 7:47 AM
HISTORY OF THE JUDICIAL SYSTEM OF THE
Book:
PHILIPPINES
 Description

Lesson 1: Title
 Table of contents

1. Lesson Overview

2. Learning Outcomes

3. History
 1. Lesson Overview

In this part of our study, we will embark in a journey into the history of the judicial system of the Philippines. Lest we turn our backs and look at
the past, we would not be able to tread the present and mould a better future. We shall take a glimpse at the early pre-Spanish times to the
present time.

NOTICE

ALWAYS VISIT AND CHECK OUR VLE-CLASS FOR UPDATES. ASK QUESTIONS IF YOU ARE EVER UNCERTAIN OF ANY MATTER
CONCERNING THE SUBJECT.
 2. Learning Outcomes

To enable students:

Know the historical background of the judicial system of the Philippines.

Know the proper decorum, etiquette, appearance, conduct, attire and speech before, during and after court proceedings.

Observe the proper etiquette, appearance, conduct, attire and speech before, during and after court proceedings.
 3. History

The “courts” that you see now is not like the “court” that may have existed during the early period of our history.

In our study of the history of the judicial system of the Philippines, we will adopt the historical narrative of the Supreme Court regarding
our judicial system. Hereunder is the summarized historical account of the Philippine Judicial System posted on the Supreme Court of the
Philippines official website:

“A Constitutional History of the Supreme Court of the Philippines”.

The Supreme Court of the Philippines traces its roots from Act No. 136 of the Philippine Commission on June 11, 1901, constituted by Major
General Elwell Otis and not from the Real Audencia de Manila or the Audencia Territorial de Manila during the Spanish regime.

THE JUDICIAL SYSTEM OF THE PRE-SPANISH FILIPINOS

Before the Philippines was colonized by the Spaniards, the native Filipinos were without written laws.
Laws were derived and enforced from customs, usages and traditions believed to be God-given and were orally transmitted from generation
to generation.
These customs and traditions were similarly observed throughout the islands of the archipelago.
During this period, there were no judges or lawyers but elders who devoted themselves to the study of these customs and traditions and
served as consultants or advisors on these matters.
The “Datu” exercised the executive, legislative and judicial functions of the “barangay”, the political unit.
In the exercise of his judicial authority, the “Datu” acted as the judge in settling disputes and deciding cases in the barangay.

THE JUDICIAL SYSTEM UNDER THE SPANISH REGIME

While under the Spanish regime, the Real Audencia de Manila was established by King Philip II.
The Real Audencia de Manila was given not only judicial function but also legislative, executive, advisory and administrative functions. It was
composed of the Governor General as “Presidente” (Presiding Officer), four “Oidores” (Associate Justices), “Asesor” (Legal Adviser) & an
“Alguicil” (Chief Constable).
In 1861, the “Audencia”, which was later known after 1886, as “Audencia Territorial de Manila” when the “Audencia Territorial de Cebu” was
created, ceased to perform executive and administrative functions and had been restricted to the administration of justice.

THE JUDICIAL SYSTEM UNDER THE AMERICAN OCCUPATION

During the post Spanish regime, the Americans introduced considerable changes in the control, disposition and governance of the
Philippines;
The judicial system at that time functioned as an instrument of the executive and not the judiciary in the military government of the American
in the islands;
The American plan for a colonial government of the Philippines contemplated an independent judiciary manned by judges chosen from
qualified Filipinos and Americans;
On May 29, 1899, the military governor re-established the Audencia Teritorial de Manila which would apply Spanish laws and jurisprudence
recognized by the American governor;
The Audencia was composed of a presiding officer and eight members organized into two divisions, the sala de lo civil or the civil branch,
and the sala de lo criminal or the criminal branch;
On June 11, 1901, the 2nd Philippine Commission passed Act No. 136 formally establishing the Supreme Court of the Philippine islands;

COMMONWEALTH PERIOD:

Following the ratification of the 1935 Philippine Constitution in a plebiscite, the principle of separation of powers was adopted by actual
division of powers of the government - executive, legislative, and judicial;

JAPANESE OCCUPATION:

During the brief occupation of the Japanese of the Philippines, the Court had no substantial changes in its organizational structure and
jurisdiction. Some acts and outlines of the Court were required to be approved first by the Military Governor of the Imperial Japanese
Forces. In 1942, Jose Abad Santos, the fifth Chief Justice of the Supreme Court, was executed by Japanese troops after refusing to
collaborate with the Japanese military government.
Section 1. The Judicial Power shall be vested in the Supreme Court and such inferior courts as may be established by law.
Section 2. The National Assembly shall have the power to define, prescribe, and apportion the jurisdiction of the various courts, but may not
deprive the Supreme Court of its original Jurisdiction over cases affecting ambassadors, diplomatic ministers and consuls, nor of its
 jurisdiction to review, revise, reverse, modify, or affirm on appeal, certiorari, or writ of error, as the law or the rules of court may provide, final
judgments and decrees of inferior courts in all cases in which the constitutionality of any law, ordinance, or executive order or regulation is in
question, or in which the jurisdiction of any court is in issue or where only errors or questions of law are involved.

SECOND REPUBLIC (after World War 2)

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.

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.
This period brought in many legal issues of transcendental importance and consequence. Among these were the legality of the ratification of
a new Constitution, the assumption of the totality of government authority by President Marcos, the power to review the factual basis for a
declaration of Martial Law by the Chief Executive. Writ large also during this period was the relationship between the Court and the Chief
Executive who, under Amendment No. 6 to the 1973 Constitution, had assumed legislative powers even while an elected legislative body
continued to function.

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.
Among the more significant portions of this Proclamation was an instruction for “all appointive officials to submit their courtesy resignations
beginning with the members of the Supreme Court.”The call was unprecedented, considering the separation of powers that the previous
Constitutions had always ordained, but understandable considering the revolutionary nature of the post-People Power government. Heeding
the call, the members of the Judiciary—from the Supreme Court to the Municipal Circuit Courts—placed their offices at the disposal of the
President and submitted their resignations. President Corazon C, Aquino proceeded to reorganize the entire Court, appointing all 15
members.

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 exercise of judicial power is shared by the Supreme Court with all the
courts below it, but it is only the Supreme Court’s decisions that are vested with precedential value or doctrinal authority, as its interpretations
of the Constitution and the laws are final and beyond review by any other branch of government.
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.

Note:

1. Historical account of known pre-Spanish colonization history has it that early Filipino datus were the head of the barangay holding executive,
legislative and judicial powers. In the exercise of their judicial powers, just like many ancient societies, trial by ordeal was practiced. Trial by
ordeal is a different way of determining a person’s innocence or guilt was used. This method involved having the accused do something
dangerous or even life-threatening. If the accused survived the ordeal, he or she is (usually) proclaimed innocent. If guilty, the individual would
perish.

2. A copperplate (Binatbat na Tanso ng Laguna) described by historians to be a legal document was found in Lumban, Laguna in 1989. It is the
first calendar dated document found in the Philippines. The copperplate was dated by experts to be around 900 AD. The plate was found by a
laborer near the mouth of the Lumbang River in Wawa, Lumban, Laguna, Philippines. When translated, the inscription was found to be a
decision. “The document states the acquittal of all the descendants of a certain honourable Namwaran from a debt of 1 kati and suwarna,
which is equivalent to 926.4 grams of gold granted by the Military Commander of Tundun (Tondo) and witnessed by the leaders
of Pailah, Binwangan and Puliran, which are places likely to be also located in Luzon.”

Laguna Copperplate Inscription

(https://www.ancient-origins.net/artifacts-ancient-
writings/laguna-copperplate-inscription-ancient-
text-changed-perception-history-020630)
3. Aside from the said inscribed decision, no other
historical reference has been made by Philippine
scholars as to what kind or form did our ancestors
settle controversies among themselves or that of
outsiders. As mentioned, it was the datu who was
then the judge but the proceedings, if any, that was
then being observed was not clear.

4. Based on the historical narrative, let me call

your attention to one similar feature of the judiciary
during the period of its development in our history
from the American regime to the present. The
“independence” of the judiciary was not only
recognized by our forefathers but they also vested
the judicial power to one body. This body was
called by different names during different times.
However, this body is what we know today as a
“court”. At present, the judicial system of the
Philippines consists of a Supreme Court and other Image of the Laguna Copperplate Inscription displayed at the Baybayin section of
courts. the National Museum of Anthropology in Manila

5. Additional historical accounts reveal that Material Copper

even during the trying times in our history, the
judicial branch of the government is as important Height < 20 cm (7.9 in)
as any other branch of government.
Width < 30 cm (12 in)
Philippine Revolution and First Republic
Created 900 CE
In the three phases of the revolution: 1896-
Discovered 1989
1897; 1898; 1899-1901, the exigencies of war
Lumban, Laguna, Philippines
prevented the thorough organization of the
administration of justice. Katipunan councils, then
Present location National Museum of the Philippines
the provisional governments of Tejeros, Biak-na-
Bato, and the Revolutionary Republic proclaimed
in Kawit, essentially had General Emilio Aguinaldo exercising decree-making powers instituting ad hoc courts and reviewing any appeals
concerning their decisions.

In 1899, when the Malolos Constitution was ratified, it provided for a Supreme Court of Justice. President Aguinaldo proposed the
appointment of Apolinario Mabini as Chief Justice, but the appointment and the convening of the Supreme Court of Justice never materialized
because of the Philippine-American War.

American military rule

During the Philippine-American War, General Wesley Merrit suspended the audencias when a military government was established after
Manila fell to American forces in August, 1898. Major General Elwell S. Otis re-established the Audencia on May 29, 1899 by virtue of General
Order No. 20, which provided for six Filipino members of the audencia.

Establishment of the Supreme Court

With the establishment of civil government, Act No. 136 of the Philippine Commission abolished the audencia and established the present
Supreme Court on June 11, 1901, with Cayetano Arellano as the first chief justice together with associate justices—the majority of whom were
Americans.

Commonwealth: Filipinization of the Supreme Court

With the ratification of the 1935 Constitution, the membership was increased to 11 with two divisions of five members each. The Supreme
Court was Filipinized upon the inauguration of the Commonwealth of the Philippines on November 15, 1935. The composition of the court was
reduced by virtue of Commonwealth Act No. 3. It provided for a Supreme Court, headed by a chief justice with six associate justices.

World War II and the Third Republic

 During World War II, the National Assembly passed legislation granting emergency powers to President Manuel L. Quezon; Chief Justice
Jose Abad Santos was made concurrent Secretary of Justice and acting President of the Philippines in unoccupied areas. After his capture and
execution at the hands of the Japanese, the Commonwealth government-in-exile had no system of courts.

Meanwhile, the Japanese organized the Philippine Executive Commission in occupied areas on January 8, 1942, which gave way to the
Second Republic in October 14, 1943. By the end of World War II, the regular function of the courts had been restored, beginning with the
appointment of a new Supreme Court on June 6, 1945. On September 17, 1945, the laws of the Second Republic were declared null and void;
a Supreme Court decision on Co Kim Cham v. Eusebio Valdez Tan Keh and Arsenio P. Dizon recognized this.

Martial law

The Supreme Court was retained during the martial law years under rules similar to the 1935 Constitution, but with the exception few key
factors, e.g.:

1. The 1973 Constitution further increased the membership of the Supreme Court to 15, with two divisions;
2. The process by which a chief justice and associate justices are appointed was changed under to grant the president (Ferdinand Marcos
during this time) the sole authority to appoint members of the Supreme Court. There were five chief justices that were appointed under
this provision.

Pursuant to the provisions of the 1987 Constitution, the Supreme Court is composed of a chief Justice and 14 associate justices who serve
until the age of 70. The court may sit en banc or in one of its three divisions composed of five members each. The chief justice and associate
justices are appointed by the President of the Philippines, chosen from a shortlist submitted by the Judicial and Bar Council. The president must
fill up a vacancy within 90 days of occurrence.

(Source: https://www.officialgazette.gov.ph/about/gov/judiciary/)

Note:
NOTICE

ALWAYS VISIT AND CHECK OUR VLE-CLASS FOR UPDATES. ASK QUESTIONS IF YOU ARE EVER UNCERTAIN OF ANY MATTER
CONCERNING THE SUBJECT.

[1] Supreme Court of Philippines;

[2] 1943 PHILIPPINE CONSTITUTION;