INTRODUCTION
Judicial power rests with the Supreme Court and the lower courts, as established by law (Art. VIII, sec. 1 of the 1987 Constitution). Its duty is to settle actual controversies involving rights which are legally demandable and enforceable (Art. VIII Sec. 1 (2)).
The judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by the Legislature below the appropriated amount the previous year (Art. VIII, Sec. 3).
RULES AND PROCEDURES
The Rules of Court of the Philippines, as amended and the rules and regulations issued by the Supreme Court, define the rules and procedures of the judiciary. These rules and regulations are in the form of administrative matters, administrative orders, circulars, memorandum circulars, memorandum orders, and OCA circulars. The Supreme Court disseminates these rules and regulations to all courts, publishes important ones in newspapers of general circulation, prints them in book or pamphlet form, and uploads them to the Supreme Court website and the Supreme Court E-Library website.
On June 21, 1988, the Supreme Court promulgated the Code of Professional Responsibility for the legal profession. The draft was prepared by the Committee on Responsibility, Discipline and Disbarment of the Integrated Bar of the Philippines.
APPOINTMENTS TO THE JUDICIARY
By virtue of Article VIII, Section 8, appointments to the judiciary are made by the President of the Philippines based on a list submitted by the Judicial and Bar Council which is under the supervision of the Supreme Court. Its principal function is to screen prospective appointees to any judicial post. It is composed of the chief justice as ex-officio chairman, the Secretary of Justice and representatives of Congress as ex-officio members, and a representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court and a representative of the private sector as members.
PHILIPPINE JUDICIAL ACADEMY
The Philippine Judicial Academy (PHILJA) is the “training school for justices, judge, court personnel, lawyers and aspirants to judicial posts.” It was originally created by the Supreme Court on March 16, 1996 by virtue of Administrative Order No. 35-96, and was institutionalized on February 26, 1998 by virtue of Republic Act No. 8557. No appointee to the bench may commence the discharge his adjudicative function without completing the prescribed court training in the academy. Its organizational structure and administrative setup are provided for by the Supreme Court in its en banc resolution (Revised A.M. No. 01-1-04-sc-PHILJA).
PHILIPPINE MEDIATION CENTER
The Philippine Mediation Center was organized pursuant to the en banc Supreme Court Resolution A.M. No. 01-10-5-SC-PHILJA, dated October 16, 2001, and in line with the objectives of the Action Program for Judicial Reforms (APJR) to decongest court dockets, among others, the court prescribed guidelines in institutionalizing and implementing the mediation program in the Philippines. The same resolution designated the Philippine Judicial Academy as the component unit of the Supreme Court for Court-Annexed Mediation and other Alternative Dispute Resolution (ADR) mechanisms, and established the Philippine Mediation Center (PMC).
Mandatory Continuing Legal Education Office was organized to implement the rules on Mandatory Continuing Legal Education for members of the Integrated Bar of the Philippines (B.M. No. 850 – “Mandatory Continuing Legal Education (MCLE)). It holds office in the Integrated Bar of the Philippines main office.
KATARUNGANG PAMBARANGAY
Presidential Decree No. 1508, or the Katarungang Pambarangay Law, took effect on December 11, 1978, and established a system of amicably settling disputes at the barangay level. This decree and the Local Government Code provided rules and procedures, Title I, Chapter 7, Sections 339-422. This system of amicable settlement of dispute aims to promote the speedy administration of justice by easing the congestion of court dockets. The court does not take cognizance of cases filed if they are not filed first with the Katarungang Pambarangay.
ALTERNATIVE DISPUTE RESOLUTION (ADR) SYSTEM
Republic Act No. 9285 institutionalized the use of an alternative dispute resolution system, which serves to promote the speedy and impartial administration of justice and unclog the court dockets. This act shall be without prejudice to the adoption of the Supreme Court of any ADR system such as mediation, conciliation, arbitration or any combination thereof. ↵
THE SUPREME COURT
HISTORY OF THE SUPREME COURT
Royal audencia
The royal audencia was established on May 5, 1583, composed of a president, four oidores (justices) and a fiscal. The audencia exercised both administrative and judicial functions. Its functions and structure were modified in 1815 when a chief justice replaced its president and the number of justices was increased. It came to be known as the Audencia Territorial de Manila with two branches, civil and criminal. A royal decree issued on July 24, 1861 converted it to a purely judicial body with its decisions appealable to the Court of Spain in Madrid. A territorial audencia in Cebu, and audencia for criminal cases in Vigan were organized on February 26, 1898.
Philippine Revolution and First Republic
In the three phases of the revolution: 1896-1897; 1898; 1899-1901, the exigencies of war prevented the thorough organization of the administration of justice. Katipunan councils, then 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.:
- The 1973 Constitution further increased the membership of the Supreme Court to 15, with two divisions;
- 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.
PRESENT-DAY SUPREME COURT
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.
Article VIII, Section 4 (2) of the constitution explicitly provides for the cases that must be heard en banc, and Section 4 (3) for cases that may be heard by divisions.
The Judiciary Reorganization Act of 1980 transferred the administrative supervision of all courts and their personnel from the Department of Justice to the Supreme Court. This was affirmed by Article VIII, Section 6 of the 1987 Constitution. To effectively discharge this constitutional mandate, the Office of the Court Administrator (OCA) was created under Presidential Decree No. 828, as amended by Presidential Decree No. 842 (and its functions further strengthened by a resolution of the Supreme Court en banc dated October 24, 1996). Its principal function is the supervision and administration of the lower courts throughout the Philippines and all their personnel. It reports and recommends to the Supreme Court all actions that affect the lower court management. The OCA is headed by the court administrator, three deputy court administrators, and three assistant court administrators.
According to the 1987 Constitution, Article VIII, Section 5, the Supreme Court exercises the following powers:
- Exercise jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
- Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of the lower courts in:
- 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;
- All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto;
- All cases in which the jurisdiction of any lower court is in issue;
- All criminal cases in which the penalty imposed is reclusion perpetua or higher;
- All cases in which only an error or question of law is involved;
- Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignments shall not exceed six months without the consent of the judge concerned.
- Order a change of venue or place of trial to avoid a miscarriage of justice.
- Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts; the admission to the practice of law, the Integrated Bar; and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts the same grade, and shall not diminish, increase or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
- Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law (Sec. 5 , id.).
THE CHIEF JUSTICE
THE INCUMBENT
Ma. Lourdes P. A. Sereno
Tenure as Chief Justice: August 24, 2012 – present
Appointed by: Benigno S. Aquino III
Age at Appointment: 52
Full roster of chief justices
The position of chief justice was created in 1901 by virtue of the establishment of the Philippine Supreme Court. At the time, the chief justice was appointed by the President of the United States: the court was composed mainly of American citizens with a Filipino chief justice. The incumbent Chief Justice, Ma. Lourdes P.A. Sereno, appointed by President Benigno S. Aquino III, took her oath of office on August 25, 2012. She is the first woman to hold the position.
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. To read more about the appointment of chief justices, members of the judiciary, and the Office of the Ombudsman.
To date, there have been nine chief justices appointed under the conditions of the 1986 Constitution.
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 Jjstices and their appointees.
- Manuel L. Quezon
- Sergio Osmeña
- Elpidio Quirino
- Carlos P. Garcia
- Ferdinand E. Marcos
- Roberto V. Concepcion
- Querube Makalintal
- Fred Ruiz Castro
- Enrique M. Fernando
- Felix V. Makasiar
- Ramon C. Aquino
- Corazon C. Aquino
- Claudio Teehankee
- Pedro L. Yap
- Marcelo B. Fernan
- Andres R. Narvasa
- Joseph Ejercito Estrada
- Gloria Macapagal Arroyo
- Artemio Panganiban
- Reynato Puno
- Renato C. Corona
- Benigno S. Aquino III
- Maria 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: 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: 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. On May 2, 1942, the Japanese military caught Abad Santos in Cebu and invited him to become one of the members of their puppet government. Abad Santos refused to collaborate. He died at the hands of the Japanese on May 2, 1942. 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.”
- Manuel V. Moran: Appointed in 1945 by President Sergio Osmeña, Manuel V. Moran would serve as Chief Justice of the Supreme Court for six years. Upon his retirement in 1951, Moran was appointed as Philippine Ambassador to Spain and concurrently to the Holy See. During President Quirino’s administration, Moran was once again offered a position in the Supreme Court in 1953, at the twilight of Quirino’s presidency. Moran, however, refused the midnight appointment.
- Roberto V. Concepcion: He went into early retirement for refusing to grant absolute power to Ferdinand Marcos, the president who appointed him. In the resolution of Javellana v. Executive Secretary, Concepcion argued against the validity of the 1973 Constitution and its questionable aspects. Accordingly, he dissented, along with Justices Teehankee, Zaldivar, and Fernando, from implementing the 1973 Constitution. Due to the court’s decision, Concepcion would enter early retirement, 50 days before his originally scheduled retirement date.
- 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. In 1973, he was part of the bloc that dissented from the implementation of the 1973 Constitution. In 1980, he dissented from the proposed judicial reorganization act of President Marcos. In 1986, after the EDSA Revolution, he administered the Oath of Office of President Corazon C. Aquino in Club Filipino. He was appointed Chief Justice of the Supreme Court in 1986 by President Corazon C. Aquino
- 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 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 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.
The jurisdiction of the Court of Appeals are as follows:
- 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 judgements of Regional Trial Courts; and
- Exclusive appellate jurisdiction over all final judgements, 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.
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.
The current presiding justice of the Court of Appeals is Andres Reyes Jr., who is set to retire on May 11, 2020.
Court of Tax Appeals
The Court of Tax Appeals (CTA), which is of the same level as the Court of Appeals, was created by virtue of Republic Act No. 1125, which was signed into law on June 16, 1954. Its present-day form was constituted through RA 1125, as amended by Republic Act No. 9282 and Republic Act No. 9503.
The CTA exercises jurisdiction in the following:
- Exclusive appellate jurisdiction to review by appeal, as herein provided:
- Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue or other laws administered by the Bureau of Internal Revenue;
- Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relations thereto, or other matters arising under the National Internal Revenue Code or other laws administered by the Bureau of Internal Revenue, where the National Internal Revenue Code provides a specific period of action, in which case the inaction shall be deemed a denial;
- Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by them in the exercise of their original or appellate jurisdiction;
- Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges, seizure, detention or release of property affected, fines, forfeitures or other penalties in relation thereto, or other matters arising under the Customs Law or other laws administered by the Bureau of Customs;
- Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals;
- Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from decisions of the Commissioner of Customs which are adverse to the Government under Section 2315 of the Tariff and Customs Code;
- Decisions of the Secretary of Trade and Industry, in the case of non-agricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping and countervailing duties under Section 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under Republic Act No. 8800, where either party may appeal the decision to impose or not to impose said duties.
- Jurisdiction over cases involving criminal offenses as herein provided:
- Exclusive original jurisdiction over all criminal offenses arising from violations of the National Internal Revenue Code or Tariff and Customs Code and other laws administered by the Bureau of Internal Revenue or the Bureau of Customs: Provided, however, that offenses or felonies mentioned in this paragraph where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is less than P1 million or where there is no specified amount claimed shall be tried by the regular courts and the jurisdiction of the CTA shall be appellate.
- Exclusive appellate jurisdiction in criminal offenses:
- Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax cases originally decided by them, in their respective territorial jurisdiction.
- Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the exercise of their appellate jurisdiction over tax cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts in their respective jurisdiction.
- Jurisdiction over tax collection cases as herein provided:
- Exclusive original jurisdiction in tax collection cases involving final and executory assessments for taxes, fees, charges and penalties: Provided, however, that collection cases where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is less than P1 million shall be tried by the proper Municipal Trial Court, Metropolitan Trial Court and Regional Trial Court.
- Exclusive appellate jurisdiction in tax collection cases:
- Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in tax collection cases originally decided by them, in their respective territorial jurisdiction.
- Over petitions for review of the judgments, resolutions or orders of the Regional Trial Courts in the Exercise of their appellate jurisdiction over tax collection cases originally decided by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, in their respective jurisdiction.
The CTA is composed of one presiding justice and 8 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 Court of Appeals also apply to members of the CTA.
The current presiding justice of the CTA is Roman del Rosario, who is set to retire on October 6, 2025.
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.
The Sandiganbayan has jurisdiction over the following:
- 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 one or more of the accused are officials occupying the following positions in the government whether in a permanent, acting or interim capacity, at the time of the commission of the offense:
- Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade 27 and higher, of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
- Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial treasurers, assessors, engineers and other provincial department heads;
- City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors engineers and other city department heads;
- Officials of the diplomatic service occupying the position of consul and higher;
- Philippine army and air force colonels, naval captains, and all officers of higher rank;
- Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher;
- City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;
- Presidents, directors or trustees, or managers of government-owned or -controlled corporations, state universities or educational institutions or foundations;
- Members of Congress and officials thereof classified as grade 27 and up under the Compensation and Position Classification Act of 1989;
- Members of the judiciary without prejudice to the provisions of the constitution;
- Chairmen and members of constitutional commissions, without prejudice to the provisions of the constitution; and
- All other national and local officials classified as Grade 27 and higher under the Compensation and Position Classification Act of 1989.
- Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a of this section in relation to their office.
- Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, s. 1986.
In addition, the Sandiganbayan exercises exclusive appellate jurisdiction over final judgments, resolutions or orders or regional trial courts whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided.
The Sandiganbayan also has exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos. 1,2,14 and 14-A issued in 1986.
In case private individuals are charged as co-principals, accomplices or accessories with the public officers or employees, including those employed in govemment-owned or controlled corporations, they shall be tried jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction over them.
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.
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.
The current presiding justice of the Sandiganbayan is Amparo Cabotaje-Tang, who is set to retire on November 8, 2024.
Introduction
According to the 1987 Constitution, legislative power shall be vested in the Congress of the Philippines, which shall consist of a Senate and a House of Representatives.
The Senate shall be composed of twenty-four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law; the House of Representatives shall be composed of not more than 250 (unless otherwise fixed by law), 20 percent of whom must be Party-list representatives.
The qualifications to become a senator, as stipulated in the constitution, are:
- a natural-born citizen of the Philippines;
- at least thirty-five years old;
- is able to read and write
- a registered voter; and
- a resident of the Philippines for not less than two years before election day.
Meanwhile, the constitution provides for the following criteria to become a member of the House of Representatives:
- a natural-born citizen of the Philippines;
- at least twenty-five years old;
- is able to read and write; and
- except the party-list representatives, a registered voter and a resident for at least one year in the district where s/he shall be elected.
Legislative process
Congress is responsible for making enabling laws to make sure the spirit of the constitution is upheld in the country and, at times, amend or change the constitution itself. In order to craft laws, the legislative body comes out with two main documents: bills and resolutions.
Resolutions convey principles and sentiments of the Senate or the House of Representatives. These resolutions can further be divided into three different elements:
- joint resolutions — require the approval of both chambers of Congress and the signature of the President, and have the force and effect of a law if approved.
- concurrent resolutions — used for matters affecting the operations of both chambers of Congress and must be approved in the same form by both houses, but are not transmitted to the President for his signature and therefore have no force and effect of a law.
- simple resolutions — deal with matters entirely within the prerogative of one chamber of Congress, are not referred to the President for his signature, and therefore have no force and effect of a law.
Bills are laws in the making. They pass into law when they are approved by both houses and the President of the Philippines. A bill may be vetoed by the President, but the House of Representatives may overturn a presidential veto by garnering a 2/3rds vote. If the President does not act on a proposed law submitted by Congress, it will lapse into law after 30 days of receipt.
HISTORY OF THE LEGISLATURE
REPRESENTATION IN THE SPANISH CORTES
Prior to the creation of a legislature in the Philippines, Filipinos, from time to time, were allowed to sit in the Spanish Cortes as representatives of the Philippine Islands. In 1810, the Spanish government allowed Filipinos to receive Spanish citizenship and appropriate representation in the Cortes. When the Cadiz Constitution was in full force and effect, Filipino representation became a standard in the Cortes. However, in 1837, the liberal Cortes finally abolished representation and declared that overseas territories of Spain to be ruled by special laws. This loss of representation was one of the main points that Jose Rizal and other propagandists were fighting for during the Propaganda movement.
MALOLOS REPUBLIC, 1899 – 1901
The first Filipino legislature was convened on September 15, 1898 in Barasoain Church, Malolos, Bulacan. Later known as the Malolos Republic, it drafted the first constitution of the Philippines, which was also the first democratic constitution in Asia. The Congress included delegates from different provinces of the Philippines, some elected and some appointed. It was a short-lived legislature, unable to pass any laws due to the onset of the Philippine-American War. The first Philippine Republic was ended on March 23, 1901 with the capture of President Emilio Aguinaldo in Palanan, Isabela.
PHILIPPINE COMMISSION, 1899 – 1916
In 1899, United States President William McKinley appointed a commission led by Dr. Jacob Schurman to study and investigate the conditions in the Philippine Islands. This would be known as the first Philippine Commission. It was followed by another investigative commission led by William Howard Taft in 1900, which also had limited legislative and executive powers. From 1901 onwards, the Philippine Commission would be regularized. It exercised both executive and legislative powers, with three Filipino delegates, namely Benito Legarda, Trinidad Pardo de Tavera, Jose Luzuriaga. After the organization of the Philippine Assembly (see below) in 1907, the commission stayed on as the upper house of the legislature.
PHILIPPINE ASSEMBLY, 1907 – 1916
Electoral representation in the Philippines by Filipinos began when the American insular government allowed partial self-governance by establishing the Philippine Assembly. The assembly, as the lower house, shared legislative power with the Philippine Commission, which remained under American control, as membership in the Philippine Commission was still restricted to appointed American officials. In 1907, still under American rule, the Philippines held its first national elections for the newly created representative body, which had an inaugural membership of 81 Filipinos representing their respective districts. In the succeeding years, the number of districts were increased to 85 in 1910, and 91 in 1912.
RESIDENT COMMISSIONERS, 1907 – 1946
From 1907 to 1946, the Philippine legislature sent a representative to sit in the U.S. House of Representatives, as resident commissioner. Under Spain, the Philippines had also been given limited representation in the Spanish Cortes, and like the resident commissioners, they had the right to speak, but not to vote. The restoration of Philippine independence in 1946 ended Philippine representation in the U.S. Congress. (Note: To this day, Puerto Rico still has a resident commissioner in the U.S. House of Representatives.)
THE PHILIPPINE LEGISLATURE, 1916 – 1935
Upon the enactment of the Jones Law in 1916, the Filipinos were subsequently granted the opportunity to hold other offices in the government. Positions in the Philippine Senate were opened to Filipinos, with 12 senatorial districts and two senators elected from each. The inaugural President of the Senate in 1916 was Manuel L. Quezon, representing the fifth senatorial district. He would hold this position until the establishment of the Commonwealth of the Philippines in 1935. For the 19 years prior to the Commonwealth, the Senate presidency was the highest position a Filipino could hold.
From the first Philippine Commission to the establishment of the Commonwealth of the Philippines, the Philippine legislature were passing public acts. This form of legislation is started at Congress, with the approval of the American governor-general of the Philippine Islands.
COMMONWEALTH OF THE PHILIPPINES, 1935 – 1946
On November 15, 1935, Quezon took his oath as the first President of the Commonwealth of the Philippines, giving control of the executive branch of government to the Filipinos. It was also in this era that the Supreme Court of the Philippines was completely Filipinized. By virtue of the 1935 Constitution, the bicameral Philippine legislature was merged to form the unicameral National Assembly.
Two elections were held under the Commonwealth. The first, in 1935, elected the President of the Philippines as well as members of the National Assembly; the second, in 1939, elected only members of the National Assembly. The National Assembly would be retained until 1941, when a new structure for the legislature was introduced through a constitutional amendment.
From the Commonwealth period to the inauguration of the Third Philippine Republic, the Philippine legislature was passing Commonwealth acts (CA). This form of legislation is started at the National Assembly and approved by the President of the Philippines.
CONSTITUTIONAL AMENDMENTS OF 1941
After six years under a unicameral legislature, the Constitution of 1935 was amended, dividing the National Assembly into two separate houses. The Senate of the Philippines and the House of Representatives were reestablished, with a Senate President and a Speaker of the House leading their respective chambers.
The elections for members of these newly created chambers were held in 1941. However, the onset of World War II prevented the elected members from assuming their posts and the legislature of the Commonwealth of the Philippines was dissolved upon the exile of the government of the Philippines.
THE SECOND REPUBLIC, 1943
On October 14, 1943, the Japanese-sponsored Second Republic was inaugurated, with Jose. P. Laurel as the President. This government followed the newly crafted 1943 Constitution, and reverted the legislature back to a unicameral National Assembly. The National Assembly of the Second Republic would remain in existence until the arrival of the Allied forces in 1944, which liberated the Philippines from the Imperial Japanese forces.
RESTORATION OF THE PHILIPPINE COMMONWEALTH, 1945 – 1946
Upon the reestablishment of the Commonwealth in 1945, President Sergio Osmeña called for a special session of Congress. The first Congress convened on June 9 of that year, with most of the senators and representatives, who were elected in 1941, assuming their positions. Manuel Roxas and Jose C. Zulueta served as Senate President and Speaker of the House, respectively. Not all, however, were allowed to take their post because some were incarcerated for collaboration with the Japanese.
The inaugural session, was held in a converted school house in Lepanto St., Manila, as the Legislative Building in Manila was reduced to ruins as an outcome of the war.
On April 23, 1946, national elections were held to choose new members of Congress, the President, and the Vice President of the Philippines. After the elections the second Congress of the Commonwealth convened on May 25, 1946. It would only last until July 4, 1946, with the inauguration of the Third Republic of the Philippines.
THE THIRD REPUBLIC, 1946 – 1972
The independent Republic of the Philippines was finally proclaimed on July 4, 1946 with Manuel Roxas as President. The Second Congress of the Commonwealth was transformed into the first Congress of the Republic of the Philippines, also made up of the Senate and the House of Representatives. This would mark the beginning of the count of Congresses of the Republic until the imposition of Martial Law in 1972, when Congress would be dissolved.
This era started the legislation of republic acts which would continue until 1972. Upon the restoration of democracy in 1986 and the ratification of the 1987 Constitution, the naming of laws as republic acts would be reinstated.
MARTIAL LAW AND THE FOURTH REPUBLIC, 1972-1986
On September 23, 1972 President Ferdinand E. Marcos issued Presidential Proclamation No. 1081, placing the entire country under Martial Law. This coincided with the closing of the sessions of both chambers of Congress. Days before the scheduled reopening of the Senate and the House of Representatives, Marcos promulgated the 1973 Constitution, which effectively abolished the bicameral legislature and replaced it with a unicameral legislature. Opposition legislators reported to the Legislative Building on January 22, 1973, but found the building padlocked and under an armed guard.
Under martial rule, Marcos created the Batasang Bayan in 1976, by virtue of Presidential Decree No. 995, to serve as a legislative advisory council—a quasi-legislative machinery to normalize the legislative process for the eventual actualization of the 1973 Constitution. The Batasang Bayan would hold office in the Philippine International Convention Center (a modernist structure designed by National Artist for Architecture Leandro Locsin, within the Cultural Center of the Philippines Complex—a pet project of First Lady Imelda R. Marcos). The consultative body would serve until 1978.
The Batasang Bayan would be replaced in 1978 by an elected unicameral body: the Interim Batasang Pambansa (IBP), a parliamentary legislature, as provided for in the 1973 Constitution. On April 7, 1978, elections for were held. Those elected to the IBP would be called Mambabatas Pambansa (Assemblymen) who would be elected per region, via a bloc-voting system. The IBP opened on Independence Day 1984 in the Batasan Pambansa in Quezon City.
Members of the Regular Batasang Pambansa (RBP) were elected in 1984, this time at-large and per province. The RBP held its inaugural session on July 23, 1984.
In 1986, President Marcos succumbed to international pressure and called for a snap presidential election. Though Marcos and his running mate former Senator and Assemblyman Arturo Tolentino were proclaimed by the Batasang Pambansa as the winners of the election, a popular revolt installed opposition leaders Corazon C. Aquino and Salvador H. Laurel as President and Vice President, respectively.
For both the IBP and RBP, the laws passed would be called “Batas Pambansa,” which did not continue the previous numbering of Republic Acts.
THE FIFTH REPUBLIC, 1987 – PRESENT
On March 25, 1986, President Aquino declared a revolutionary government by virtue of Presidential Proclamation No. 3, s. 1986, which suspended some provisions of the 1973 Constitution and promulgated in its stead a transitory constitution. This effectively abolished the Batasang Pambansa. A constitutional commission, tasked with drafting a new charter, was created by virtue of Proclamation No. 9 issued on April 23, 1986.
Following the overwhelming ratification of the 1987 Constitution through a national plebiscite held on February 2, 1987, the 1987 Constitution finally came into full force and effect on February 11, 1987. It re-established a bicameral legislature, composed of the House of Representatives and the Senate, much like the way it was before martial law. The former, being much larger in composition, reopened in the Batasan Pambansa while the Senate, still with its 24 members, returned to the Legislative Building. In 1997, the Senate of the Philippines moved to the GSIS building where it is currently housed.
Laws passed by the bicameral legislature would restore “Republic Acts”, as the laws were named in the Third Republic (1946-1972). Moreover, it was decided to maintain the old count, taking up where the last pre-martial law Congress left off. Thus, the last Congress under the 1935 Constitution was the seventh Congress, and the first Congress under the 1987 Constitution became the eighth Congress.
