Court System and Procedures: The Historical Origin and Development of The Court System in The Philippines

COURT SYSTEM AND PROCEDURES
The Historical Origin and Development of the Court System in the Philippines
1) Pre-Spanish and Spanish Regime
 Spanish Empire
 Viceroyalty of New Spain (abolished after Mexico gained independence in 1821)
 Central Government in Manila
 Provincia/Alcaldía Mayor
 Pueblo/Municipio
 Barangay
2) American Regime
 When a military government was established after Manila fell to American forces
in 1898, the Audencias were suspended by General Wesley Merrit.
 Major General Elwell S. Otis re-established the Audencia on May 29, 1899, by
virtue of General Order No. 20.
 Said Order provided for six Filipino members of the Audencia.
 Act No. 136 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 American. Filipinization of the
Supreme Court started only during the Commonwealth, 1935.
 The Administrative Code of 1917 provided for a Supreme Court with a Chief
Justice and eight associate Justices.
3) Post American Regime
 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 in November 15, 1935. In all other respects, the function of
the Court under the Administrative Code of 1917, which provided for a
Supreme Court with a Chief Justice and eight associate Justices, was
retained.
4) 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
5) Marcos Dictatorship, Freedom Constitution and Cory Government, and 1987

Constitution
 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.:
a) The 1973 Constitution further increased the membership of the Supreme
Court to 15, with two divisions;
b) The process by which a Chief Justice and Associate Justices are
appointed was changed under to grant the President (then, President
Ferdinand Marcos) the sole authority to appoint members of the Supreme
Court. There were five Chief Justices that were appointed under this
provision.
 Under the 1987 Constitution. 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, Sec. 4 (2) of the Constitution explicitly provides for the cases that
must be heard en banc and Sec. 4 (3) for cases that may be heard by divisions
(Constitution, Art. VIII, sec. 4, par.1).
 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 Art. VIII, Sec. 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.
6) Constitutional Mandate of the Supreme Court under the 1987 Constitution, (Art.
VIII, Sec. 5)
I. Exercise jurisdiction over cases affecting ambassadors, other public ministers

and consuls, and over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
II. 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:
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 tax, impost, assessment, or toll, or
any penalty 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 cases in which only an error or question of law is involved;
III. 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.
IV. Order a change of venue or place of trial to avoid a miscarriage of justice.
V. 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.
VI. Appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law (Sec. 5, id.).
 The Supreme Court has adopted and promulgated the Rules of Court for the
protection and enforcement of constitutional rights, pleadings and practice and
procedure in all courts, and the admission in the practice of law. Amendments are
promulgated through the Committee on Revision of Rules. The Court also issues
administrative rules and regulations in the form of court issuances posted on the
Supreme Court E-Library website.

Court System and Procedures: The Historical Origin and Development of The Court System in The Philippines

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Court System and Procedures: The Historical Origin and Development of The Court System in The Philippines

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COURT SYSTEM AND PROCEDURES

 Commonwealth: Filipinization of the Supreme Court

4) World War II and the Third Republic

5) Marcos Dictatorship, Freedom Constitution and Cory Government, and 1987

I. Exercise jurisdiction over cases affecting ambassadors, other public ministers

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