INTRODUCTION TO

PHILIPPINE POLITICS
AND GOVERNANCE

NATIONAL UNIVERSITY
Objectives
The Concept of Government
• To discuss the
nature of Judiciary Branch
Judicial Power.
• To enumerate
the composition
Pre-Activity
of the Supreme
Court and the Enumerate (as many as you can) the justices of the
qualifications
current Supreme Court.
for membership
in the
Judiciary.
• To identify and
explain the
powers of the
Supreme Court;
and
• To react on the
administration
of Justice in
the Country.

Other Administrative Code of 1987

sources Constitution of the Republic of the Philippines 1987
Bernas, Joaquin. The 1987 constitution of the republic of the Philippines, A
Commentary, 2009 ed.
Cruz, Isagani. Philippine Political Law, 2010 ed.
De Leon, Hector, Jr. Textbook on the Philippine Constitution. Rex Bookstore.
2012 ed.

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TOPIC HEADLINE
ARTICLE VIII
THE JUDICIARY

JUDICIAL POWER

Judicial power is the power to apply the laws to contests or disputes concerning
legally recognized rights or duties between the State and a private person, or between
individual litigants, in cases properly brought before the judicial tribunals, which includes
the power to ascertain what are the valid and binding laws of the State and interpret and
construe them (Martin 1960).

Judicial power, as clarified by the 1987 Constitution, includes the duty of the 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 jurisdiction on the part of any branch or instrumentality of the
Government.

Judicial power is vested in the Supreme Court and other lower Courts established
by law.

The judiciary under a Republican system adopted by our Constitution is the third
branch of government. However, the Constitution did not provide the full and entire
structure of the Philippine Judicial system. It only established the Supreme Court of the
Philippines and left to the Congress the authority to Establish other inferior courts. Hence,
the Supreme Court is the only court created by the Constitution; All other courts such as
the Court of Appeals, Court of tax Appeals, etc. operating under the judicial System are
called statutory courts established through statutory enactments made by the Congress.

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TOPIC HEADLINE

FISCAL AUTONOMY TRIVIA 101

The judiciary shall enjoy fiscal autonomy. Fiscal

autonomy means the automatic release of funds once approved Who is the first Supreme
and appropriated by the legislature. Court in the Philippines?

Establishment of the
Supreme Court

Appropriations for the judiciary may not be reduced by 136 of the Philippine
Commission abolished the
the legislature below the amount appropriated for the previous Audencia and established the
year and, after approval, shall be automatically and regularly present Supreme Court on
June 11, 1901,
released. with Cayetano Arellano as
the first Chief Justice
together with associate
SUPREME COURT AND OTHER LOWER COURTS OF justices, the majority of whom
were American.
THE PHILIPPINES

A. Composition of the Supreme Court What is the Judicial

System during Pre-
The Supreme Court is a collegial body composed of Spanish Filipinos?
fifteen (15) members, one (1) Chief justice and fourteen
(14) Associate Justices. They are appointed by the When the Spanish
President from a list of at least three (3) nominees colonizers first arrived in
the Philippine archipelago,
prepared by the judicial and bar Council and are not
they found the indigenous
subject to Confirmation by the Commission on Filipinos without any
Appointments. written laws. Mainly, the
laws enforced were derived
from customs, usages, and
tradition. These laws were
B. En Banc and Division Cases believed to be God-given
and were orally
It may sit en banc or in its discretion in division of three, transmitted from
five or seven. It sits en banc when all the Justices take part generation to generation.
in considering cases. It may also conduct its business in
division when only a number of justices take part. The
Supreme Court at present consists of three (3) divisions with
five (5) Justices in each division.

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 The following are to be heard and decided by the Supreme Court sitting en banc:

1. All cases involving the constitutionality of a treaty, international or executive

agreements.
2. Those involving the constitutionality, application, or operation of presidential
decrees, proclamations, orders, instructions, ordinances, and other regulations.
3. Cases heard in division when the required majority vote is not obtained.
4. Cases where a doctrine of law laid down in a division or the court sitting en banc is
modified by the Supreme Court.
5. Administrative cases involving the dismissal of judges of a lower court.
6. Sitting as electoral tribunal as judge of all contests relating to the elections, returns
and qualifications of the President and Vice- President.
7. All other cases, which under the Rules of Court must be heard in division.

C. Qualifications for Members of the Judiciary.

Under the Constitution, except for the Supreme Court, the qualifications for members
of the bench are Constitutional and Statutory. Constitutional refers to those
qualifications prescribed under the Constitution and Statutory to those qualifications,
which the Congress may prescribe through ordinary legislation.

1. Qualifications for Members of the Supreme Court (SC)

a. Natural- born citizen of the Philippines

b. At least forty (40) years of age
c. A judge of lower court or engages in the practice of law in the Philippines for
fifteen (15) years or more.

This enumeration is, exclusive, which means that Congress may not add additional
qualifications through ordinary legislation.

2. Qualifications for Members of the Lower Collegiate Court (composed of

more than one judge such as the CA, CTA, Sandiganbayan)

a. Constitutional qualifications:
1. Natural- born citizen of the Philippines
2. Member of the Philippine Bar

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 b. Statutory qualifications

1. Congress may prescribe other qualifications

3. Qualifications for members of the lower Courts (RTC, MTC, MeTC,

MCTC)

a. Citizen of the Philippines (either naturalized or natural- born).

b. Members of the Philippine Bar.
c. Congress may prescribe other qualifications.

Furthermore, members of the Supreme Court, lower collegiate court and lower
courts must be of persons of proven competence, integrity, probity, and independence.

D. Salaries of the Members of the Judiciary

The Salary of the Chief of Justice and of the Associate Justice of the Supreme
Court, and of the Judges of the lower courts shall be fixed by law. During their
continuance in office, their salary shall not be decreased.

E. The Judicial and Bar Council and the Manner of Appointing Members of the
Judiciary.

Under the 1935 Constitution, the President, with the consent of the Commission on
Appointments, appoints the members of the Judiciary. While under the 1973 Constitution,
they are appointed also directly by the President. Under our present Constitution, the
members are appointed from a list of nominees prepared by the Judicial and Bar Council.
Such appointment no longer requires confirmation by the Commission on Appointments.
This will remedy the Situation in the past where judges had practically begged for
confirmation of their appointments (I Records of the Constitutional Commission, p. 27).

The Judicial and Bar Council is a significant innovation introduced by the 1987
Constitution, the primary purpose of which is to recommend appointees to the judiciary. For
every vacancy, the Council will nominate at least three (3) candidates. Hence when the
President appoints a justice or judge, his choice will be limited only to those recommended
by the Council. This might prevent the President from appointing favored person to judicial
post even if it is incompetent to discharge the delicate duty of Courts.

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 The Council may also perform such other functions and duties as the Supreme Court
may assign to it.

Composition of the Judicial and Bar Council

The Judicial and Bar Council consists of two (2) kinds of members, the ex- officio and
regular members.

a. Ex- officio. The Supreme Court Chief Justice shall be it exist- officio Chairman
and the Clark of the Supreme Court shall be the Secretary ex- officio of the
Council. The Secretary of the Department of Justice and a Representative of the
Congress as ex- officio members.

b. Regular Members. A representative of the integrated Bar, a Professor of law,

a retired member of the Supreme Court, and representative of the Private sector.

The President with the consent of the Commission on Appointment appoints the
four (40) regular members of the Council. Their terms of office is staggered to four (4)
years, thus of the members first appointed, the representative of the integrated Bar. Serve
for four (4) years, the Professor of law for three (3) years, the retired Justice for two (2)
years, and the representative of the private sector for one (1) year.

F. Tenure and Discipline

The members of the Supreme Court and judges of lower courts shall take office
during good behavior until they reach the age of seventy (70) years or become
incapacitated to discharge the duties of their office. The Constitution does not provide a
precise definition of what constitutes good behavior. It is for the Supreme Court to
determine since it has the power to discipline justices of lower collegiate courts and judges
of the lower courts. The Supreme Court en banc may order their dismissal by a majority of
the Members, who actually took part in the deliberations on the issues in the ease and
voted thereon.

It has been said that the misconduct of a judge that will warrant disciplinary action
by the Supreme Court must have direct relation to and be connected with the performance
of his official duties, not his character as a private individual (Salcedo vs. Executive Judge,
AM No. 1810- CTI [ Jun. 29, 1979).

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G. Prohibitions

The members of the Supreme Court and of other established shall not be designated
to any agency performing quasi- Judicial or administrative functions.

DECISION OF THE COURT

The conclusion of the Supreme Court in any case submitted to it for decision en banc
or in division shall be reached in consultation before the case is 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. Any member who took no part, or dissented, or abstained from a decision or
resolution must state the reason thereof. The same requirements shall be observed by all
lower collegiate courts.

No decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and law on which it is based. Thus, a judge cannot just pronounce during
the resolution of the case that the one party won over the other. Courts should state the
reasons upon which their decision rest. There is no requirements as to the number of pages
a decision must consist of, but decision shall be reasonable instead of infinite length
(Ocampo vs. Cabangis, G.R. No. 3983 [ Feb. 15, 1910]

Likewise, 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 thereof.

Period of Decisions

One of the complaints against the government is the delay in the dispatch of cases.
The clamor has been that justice delayed is justice denied (V Records of the Constitutional
Commission, p. 632). And so, the Constitution provides for the period to which cases shall
be decided. All cases or matter filed after the effectively of this Constitution must be decided
or resolved within twenty- four (24) months from the date of submission for the Supreme
Court, and unless reduced by the Supreme Court, twelve (12) months for all lower collegiate
courts, and three (3) 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 rewired by the Rules of the Court or by the Court
itself.

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 Upon the expiration of the corresponding period, a certification to this effect signed
by the chief of justice or the presiding judges shall forthwith be issued, and a copy thereof
attached to the record of the case or matter and served upon the parties. The certification
shall state why a decision or resolution has not been rendered or issued within said period.

Despite the expiration of the applicable mandatory period, the Court, without
prejudice to such responsibility as many have been incurred in consequence thereof shall
decide or resolve the case or matter submitted thereto for determination, without further
delay.

POWERS OF THE SUPREME COURT

As a rule, the Court does not take initial cognizance of controversies. It merely
reviews decisions of other tribunals, which have acted on these controversies. In fact, it does
not initiate such review. Its review authority must be triggered by the filing of a petition by
a proper party. In this sense, the judiciary is a passive branch of the government. It cannot
act on a controversy unless asked to do so (Panganiban, in Castaneda and Nuyda, 2002).

JUDICIAL REVIEW

Judiciary Review is the power of the Supreme Court to declare act of the Executive
and Legislative departments of government unconstitutional in the light of its conformity
with the constitution. This is not an assertion of superiority by the courts over the other
departments but merely an expression of the supremacy of the Constitution (Angra vs.
Electoral Commission, 63 Phil. 139 [ 1936]). The constitution does not provide expressly for
this authority exercised by the Court. It had it beginning in the landmark decision written
by Chief Justice John Marshall of the US Supreme Court. In that case, Chief Justice
Marshall successfully claimed for the judges the power of judicial review (Burns, 1992).

POWERS OF THE SUPREME COURT

The Constitution grants the Supreme Court original and appellate jurisdictions. Its
work consists mainly of affirming, modifying, or reversing decisions and decrees of lower
courts; or of determining whether a lower court or a branch or an instrumentality of the
government, including the office of the President and Congress, has acted without or in
excess of its jurisdiction or committed grave abuse of discretion in its functions and actions
(Panganiban, in Castaneda and Nuyda, 2002). The Constitution also grants certain
administrative powers to the Supreme Court, which includes the authority to appoint

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employees and officials of the Judicial branch, rule- making power among many others. The
following are the powers of the Supreme Court.

1. Original Jurisdiction. Jurisdiction refers to the authority of the Court to hear and
determine a particular case. The Supreme Court’s original jurisdiction refers to its
authority to be the first court to hear a case (Patterson, 1997) The Supreme Court
exercises original jurisdiction embracing cases affecting ambassadors, public
ministers, and consuls. These officials are our diplomatic representatives abroad, and
under international law are immune from the jurisdiction of courts of the country
where they are assigned subject to certain exceptions. Because of the importance of
the cases affecting these officials to our diplomatic relations, it is but proper that the
Supreme Court being the highest court of the land assumes the authority to decide
the case.

The Supreme Court also exercises original jurisdiction over petitions for certiorari,
prohibition, mandamus, qou warranto and habeas corpus.

a. Certiorari. When any tribunal, board or officer exercising judicial or quasi-

judicial sanctions has acted without or in excess of its or his jurisdiction, or with
grave abuse of discretion amounting to lack or excess of jurisdiction, and there is
no appeal, nor any plain, speedy and adequate remedy in the ordinary course of
law, a person aggrieved thereby may file a verified petition in the proper court,
alleging the facts with certainty and praying that judgement be rendered
annulling or modifying the proceedings of such tribunal, board or officer, and
granting such incidental reliefs as law and justice may require.

b. Prohibitions. When the proceedings of any tribunal, corporation, board or officer

or person, whether exercising judicial, quasi- judicial or ministerial functions, are
without or in excess of its or his jurisdiction or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is no appeal or any other
plain, speedy, and adequate remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the proper court, alleging the facts
with certainly and praying that judgement be rendered commanding the
respondent to desist from further proceedings in the action or matter specified
therein, or otherwise granting such incidental reliefs as law and justice may
require.

c. Mandamus. When any tribunal, corporation, board or personnel unlawfully

neglects the performance of an act which the law specifically enjoins as a duty

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 resulting from an office trust or station or unlawfully excludes another from the
use enjoyment of a right or office to which such other is entitled, and there is no
other plain, speedy and adequate remedy in the ordinary course of law the person
aggrieved thereby may file a verified petition in the proper court, alleging the facts
with certainly and praying that judgement be rendered commanding the
respondent. Immediately or at some time to be specified by the court, to do the act
required to be done to protect the rights of the petitioner, and to pay the damages
sustained by the petitioner by reason of the wrongful acts of the respondent.

d. Quo Warranto. An action for usurpation of a public office, position, or franchise

may be commenced by a verified petition brought in the name of the Philippines.

e. Habeas Corpus. Except as otherwise provided by law, the writ of habeas corpus
shall extend to all cases of illegal confident or detention by which a person is
deprived of his liberty, or by which the rightful custody of any person is withheld
from the person entitled thereto.

2. Appellate Jurisdiction. Appellate jurisdiction refers to the authority of the

Supreme Court to review, revise, modify, or affirm final judgements rendered by
lower courts. As mentioned earlier, of the work performed by the Court is in the
exercise of this appellate jurisdiction. The Supreme Court has appellate jurisdiction
over:

a. All cases in which the constitutionality or validity of any treaty, international or

executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
b. All cases involving the legality of any imposed, assessment, toll, or any penalty
imposed in relation imposed in relation thereto.
c. All cases in which the jurisdiction of any lower court is in issue.
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
e. All case in which only error or question of law is involved.

3. Temporarily Assign judges of lower courts. The Supreme Court possesses the
power to assign temporarily judges of lower courts to other stations as public interest
may require. However, such temporary assignment shall not exceed six (6) months
without the consent of the judges concerned.

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 4. Order to change the venue of trial. The Supreme Court has the power to order
a change of venue or place of trial to avoid miscarriage of justice.

5. Rule- Making Power-. Under its rule- making power, the Supreme Court has the
authority to promulgate rules concerning the protection and enforcement of
constitutional rights, pleadings, practice and procedure in all courts. These rules
govern the manner by which cases are presented in courts for decision and prescribe
the necessary papers which describe claims or defense of the parties to a case (Sinco,
1938)

The Constitution also is granted the power to provide rules concerning admission to
the practice of law, the integrated bar and legal assistance to the underprivileged.

Nevertheless, the Constitution provides that such roles shall provide a simplified and
inexpensive procedure for the speed disposition of cases, shall be uniform for all courts of
the same grade, shall not diminish, increase those or modify substantive right is a term that
includes those rights, which one enjoys under the legal system prior to the disturbance of
normal relations (Bustos vs. Lucero, 81 Phil. 648 [1948]).

Special courts and quasi- judicial bodies are likewise authorized to promulgate their
rules. Such rifles shall remain effective unless disapproved by the Supreme Court.

6. Appoint Officials and Employees. The Supreme Court has the power to appoint
all officials and employees of the judiciary. However, such appointment like those
made by the other departments must be made in accordance with the Civil Service
Law.

7. Administrative Supervision over Court and Personnel. The Supreme Court

exercise administrative supervision over all courts as well as its personnel.

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 TEST YOUR MIND:

Direction here:

ANSWER THE FOLLOWING ITEMS:

1. What cases heard and decided by the Supreme Court en banc?

2. Why is the Judiciary considered a passive branch of government?

3. Choose at least one (1) Supreme Court decision and digest the case
emphasizing on:
a. the facts of the case,
b. issues involved, and
c. decision of the Court.

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 REFERENCES

Administrative Code of 1987

Constitution of the Republic of the Philippines 1987
Bernas, Joaquin. The 1987 Constitution of the Republic of the Philippines, A
Commentary, 2009 ed.
Cruz, Isagani. Philippine Political Law, 2010 ed.
De Leon, Hector, Jr. Textbook on the Philippine Constitution. Rex Bookstore.
2012 ed.
Garner, Introduction to Political Science
Nachura, Outline Reviewer in Political Law, 2008 ed.

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