JUDICIARY-G4

Group Members

  • Antallan, Juanite, Lipio, Mahomoc, Pecho

Learning Competencies

  • Identify roles and responsibilities of the Philippine Judiciary

  • Discuss how the Judiciary exercises political neutrality and fairness

  • Evaluate performance of the Philippine Judiciary as a dispenser of justice

Brief Introduction to the Judiciary

  • The judiciary interprets, defends, and applies the law in the name of the state.

  • Functions as a mechanism for dispute resolution.

  • Does not create or enforce law but applies it to individual cases.

Brief History of the Supreme Court

  • Established Royal Audiencia on May 5, 1583.

  • Changed structure and functions over the years, particularly in 1815 and 1861.

  • Territorial audiencias were established in various regions.

Philippine Revolution and the First Republic

  • Exigencies of war limited the organization of the justice system.

  • Provisional governments established ad hoc courts.

  • The Malolos Constitution of 1899 proposed the Supreme Court of Justice, but conflicts prevented full establishment.

American Military Rule

  • The Audiencia was suspended during the Philippine-American War.

  • Re-established by Major General Elwell S. Otis on May 29, 1899.

Establishment of the Supreme Court

  • Act No. 136 established the Supreme Court on June 11, 1901, led by Cayetano Arellano.

Filipinization of the Supreme Court

  • 1935 Constitution increased membership and focused on local justices.

World War II and the Third Republic

  • Chief Justice Jose Abad Santos played key roles during the war, but the judiciary faced obstacles under Japanese occupation.

  • Restoration of the Supreme Court occurred on June 6, 1945.

Martial Law and its Impact

  • The 1973 Constitution increased membership to 15,

  • The appointment process changed, consolidating power under President Marcos.

Present Day Supreme Court

  • Consists of a Chief Justice and 14 associate justices, serving until age 70.

  • Appointments made by the President from a shortlist provided by the Judicial and Bar Council.

The Judiciary's Role

  • Acts as the interpreter of laws within constitutional guidelines.

  • Charged with settling legal disputes and reviewing matters affecting citizens' rights.

Powers of the Supreme Court

  • Jurisdiction over cases involving ambassadors, and rulings involving the constitutionality of laws.

  • Authority in cases involving serious criminal penalties, judicial reviews, rule-making, and appointment of judiciary officials.

Scope of Judicial Power

  • Adjudicating disputes and exercising judicial review.

  • Holds powers essential for judicial functions.

Special Courts

  • Court of Tax Appeals: Handles tax disputes.

  • Sandiganbayan: Addresses graft and corruption cases.

  • Ombudsman: Investigates corruption.

Kinds of Courts in the Philippines

  1. Supreme Court: The highest court.

  2. Regular Courts: Include appellate and regional trial courts.

  3. Quasi-Judicial Bodies: Include NLRC and SEC.

Qualifications of Judiciary Members

  • Supreme Court justices must be natural-born citizens, at least 40 years old, with significant judicial experience.

  • Regional Trial Court judges have similar but slightly less stringent requirements.

The Judicial and Bar Council (JBC)

  • Recommends appointees to the Judiciary and enhances selection processes.

Chief Justices Overview

  1. Cayetano Arellano: First Chief Justice (1901).

  2. Ramon Avanceña: Transitioned to an all-Filipino court.

  3. Jose Abad Santos: Wartime Chief Justice who resisted Japanese collaboration.

  4. Manuel V. Moran: Served during significant post-war periods.

  5. Roberto V. Concepcion: Resisted Martial Law power grabs.

  6. Claudio Teehankee: Known for standing against Martial Law.

  7. Hilario G. Davide: Conducted the first Asian impeachment proceedings.

  8. Maria Lourdes P.A. Sereno: First female Chief Justice.

Conclusion

  • The Philippine Judiciary has undergone significant evolutions through history, adapting to political changes while aiming to uphold justice and constitutional rights.