UNIT 8: THE ROLES AND

RESPONSIBILITIES OF
THE JUDICIARY

THE CHIEF JUSTICE

There were six chief justices appointed by the
President of the United States. In 1935, upon the
inauguration of the Commonwealth of the Philippines,
the power to appoint the chief justice was transferred
to the President of the Philippines. According to the
1935 Constitution, the President of the Philippines
shall make appointments with concurrence of the
National Assembly.
There have been six Chief Justices who were
appointed under the 1935 Constitution. The only chief
justice that was not appointed by a president was Chief
Justice Jose Yulo, who was in office during the Japanese
occupation, from 1942 until the liberation of the
Philippines in 1945. During this time, the Chief Justice
of the Supreme Court was appointed by the Philippine
Executive Committee headed by Jorge B. Vargas.
The 1943 Constitution provided for the members
of the Supreme Court and the chief justice to be
appointed by the president with the concurrence of
his cabinet. Upon the declaration of martial law
and the subsequent establishment of the 1973
Constitution, the process of selection of the Chief
Justice of the Philippines was changed.
The power of Congress to veto an
appointment by the president to the office of
the chief justice was removed. According to
the 1973 Constitution, “The Members of the
Supreme Court and judges of inferior
courts shall be appointed by the President.”
There were five chief justices that were
appointed under this provision.
After the revolution of 1986, a new constitution was
enacted and a new process of selecting a chief
magistrate was created. Former chief justice and
1986 Constitutional Commission delegate Roberto V.
Concepcion introduced the concept of the Judicial
and Bar Council. The aim of the Council is to de-
politicize the judiciary by lessening the appointing
power of the president.
Chief justices listed according to appointing
President of the Philippines. Of the 15 Presidents
of the Philippines, only eight have been able to
appoint an individual to the highest judicial post
in the land. The following is the list of presidents
who appointed chief Justices and their
appointees.
 Manuel L. Quezon Ferdinand E. Marcos
Jose Abad Santos Roberto V. Concepcion
 Sergio Osmeña
Querube Makalintal
Manuel V. Moran
Fred Ruiz Castro
 Elpidio Quirino
Enrique M. Fernando
Ricardo M. Paras
 Carlos P. Garcia Felix V. Makasiar

Cesar Bengzon Ramon C. Aquino

  Corazon C. Aquino  Gloria Macapagal

Claudio Teehankee Arroyo

Pedro L. Yap Artemio Panganiban

Marcelo B. Fernan Reynato Puno

Andres R. Narvasa Renato C. Corona

 Joseph Ejercito Estrada  Benigno S. Aquino III

Hilario G. Davide Ma.Lourdes P.A. Sereno

NOTABLE CHIEF JUSTICES

Of the list of chief justices, there are

a few individuals that stand out for
having gone above and beyond their
duty and tenure as chief justice.
 CAYETANO ARELLANO

Cayetano Arellano was the first Chief Justice

of the Supreme Court. He was appointed in
1901 when the Supreme Court was created
through Act No. 136, along with three
American justices and one Filipino justice.
 RAMON AVANCEÑA
Ramon Avanceña: Appointed in 1925 by U.S. President
Calvin Coolidge, he is known for ushering in an all-Filipino
Supreme Court in 1935. Upon the establishment of the
Philippine Commonwealth in 1935, American justices were no
longer allowed to sit in the Philippine Supreme Court—thus,
new justices were appointed, all of whom were of Filipino
citizenship.
 JOSE ABAD SANTOS
Jose Abad Santos: As a wartime chief justice, Abad Santos took on
two different roles; he was the chief justice and concurrently the
Secretary of Justice. When President Quezon left the Philippines to
evade capture by the Japanese, Abad Santos chose to stay in the country
as a caretaker of the government.
His last words to his son were, “Do not cry, Pepito, show to these
people that you are brave. It is an honor to die for one’s country. Not
everybody has that chance.”
 CLAUDIO TEEHANKEE
Claudio Teehankee was known for his firm anti-martial law
stance during his tenure in the Supreme Court. Teehankee
resisted multiple attempts by the Marcos administration to
garner absolute power by issuing questionable decrees.
He was appointed Chief Justice of the Supreme Court in
1986 by President Corazon C. Aquino.
 HILARIO G. DAVIDE
Hilario G. Davide: Appointed by President Joseph Ejercito
Estrada in 1998, Chief Justice Hilario G. Davide was known
as the presiding judge of the first impeachment proceedings
in Asia. During the impeachment of President Estrada, he
conducted proceedings with impartiality. Following EDSA II
uprising, which deposed President Estrada, Davide swore in
Gloria Macapagal-Arroyo as the 14th President of the
Philippines.
 MARIA LOURDES SERENO

Maria Lourdes P.A. Sereno: Appointed by

President Benigno S. Aquino III in 2012,
Chief Justice Sereno is the first woman
appointed to the position.
COURT
OF
APPEAL
S
 THE COURT OF APPEALS
The Court of Appeals is the second highest tribunal in the
country, which was established on February 1, 1936 by
virtue of Commonwealth Act No. 3. The current form of the
Court of Appeals was constituted through Batas Pambansa
Blg. 129, as amended by Executive Order No. 33, s. 1986,
Republic Act No. 7902, and Republic Act No. 8246.
 J U R I S D I C TI ON OF T H E
C OU RT OF A P P E A L S
Original jurisdiction to issue writs of mandamus, prohibition,
certiorari, habeas corpus, and quo warranto, and auxiliary writs
or processes, whether or not in aid of its appellate jurisdiction;
Exclusive original jurisdiction over actions for annulment of
judgments of Regional Trial Courts; and
Exclusive appellate jurisdiction over all final judgments,
resolutions, orders or awards of Regional Trial Courts and quasi-
judicial agencies, instrumentalities, boards or commission.
The Court of Appeals shall also have the
power to try cases and conduct hearings,
receive evidence and perform acts necessary
to resolve factual issues raised in cases falling
within its original and appellate jurisdiction,
including the power to grant and conduct new
trials or proceedings.
 COMPOSITION
The Court of Appeals is composed of one presiding justice and 68
associate justices, all of which are appointed by the President from a
shortlist submitted by the Judicial and Bar Council.
The associate justices shall have precedence according to the dates (or
order, in case of similar appointment dates) of their respective
appointments.
The qualifications for the justices of the Supreme Court also apply to
members of the Court of Appeals.
 SANDIGANBAYAN
To attain the highest norms of official conduct among
officials and employees in the government, the creation of a
special graft court to be known as the Sandiganbayan was
provided for in Article XIII, Section 5 of the 1973
Constitution. This court was formally established through
Presidential Decree No. 1606, which was signed into law on
December 10, 1978.
Through Article XI (Accountability of Public
Officers), Section 4 of the 1987 Constitution, the
Sandiganbayan was carried over to the post-
EDSA Revolution republic. The current form of
the Sandiganbayan was constituted through PD
1606, s. 1978, as amended by Republic Act No.
7975 and Republic Act No. 8245.
 JURISDICTION
The Sandiganbayan has jurisdiction over violations of
Republic Act No. 3019 or the Anti-Graft and Corrupt
Practices Act, as amended, and Chapter II, Section 2, Title
VII, Book II of the Revised Penal Code, where the accused
are officials occupying the positions in the government
whether in a permanent, acting or interim capacity, at the
time of the commission of the offense.
 COMPOSITION
The Sandiganbayan comprises of one presiding justice
and 14 associate justices, all of which are appointed by the
President from a shortlist submitted by the Judicial and
Bar Council. The associate justices shall have precedence
according to the dates (or order, in case of similar
appointment dates) of their respective appointments.
 QUALIFICATIONS
The qualifications to become a member of the
Sandiganbayan are as follows: a natural-born citizen of
the Philippines; at least 40 years of age; has been a judge
of a court for at least ten years, or been engaged in the
practice of law in the Philippines or has held office
requiring admission to the bar as a prerequisite for at
least ten years.
 ACTIVITY 1
Match the President and the Chief Justice
ANSWER PRESIDENT APPOINTEE
1. Corazon C. Aquino a. Lourdes Sereno

2. Joseph E. Estrada b. Enrique Fernando

3. Elpidio Quirino c. Renato Corona

4. Sergio Osmena d. Claudio Teehankee

5. Manuel L. Quezon e. Manuel Moran

6. Benigno S. Aquino III f. Apolinario Mabini

7. Carlos P. Garcia g. Jose Abad Santos

8. Emilio Aguinaldo h. Ricardo Paras

9. Gloria Macapagal-Arroyo i. Cesar Bengson

10. Ferdinand E. Marcos j. Hilario Davide Jr.