Supreme Court of the Philippines
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The Supreme Court of the Philippines (Filipino: Kataas-taasang Hukuman ng Pilipinas) is the country's highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice. Pursuant to the Constitution, the Supreme Court has "administrative supervision over all courts and the personnel thereof".[1] The Supreme Court building is located at Padre Faura Street and Taft Avenue in Manila.
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[edit] History
[edit] Pre-Hispanic and Hispanic Periods
In the years prior to the official establishment of the Supreme Court, institutions exercising judicial power were already in existence. Before the Spaniards came, judicial authority “in its primitive form” was in the hands of barangay chiefs. During the early years of the Spanish regime, these powers were vested upon Miguel Lopez de Legazpi, the first governor-general of the Philippines. He administered civil and criminal justice under the Royal Order of August 14, 1569.
The present Supreme Court was preceded by the Royal Audiencia, a collegial body established on May 5, 1583 and composed, of a president, four oidores (justices), and a fiscal, among others. It was the highest tribunal in the Philippines, below only the Consejo de Indias of Spain. However, this body also exercised administrative functions, not just judicial functions.
The Audiencia’s functions and structure underwent substantial modifications in 1815 when its president was replaced by a chief justice and the number of justices was increased. It then came to be known as the Audiencia Territorial de Manila with two branches, civil and criminal, later renamed sala de lo civil and sala de lo criminal. The Audiencia was converted to a purely judicial body by a Royal Decree issued on July 4, 1861, but its decisions were appealable to the Supreme Court of Spain sitting in Madrid.
On February 26, 1886, a territorial Audiencia was organized in Cebu, followed by an Audiencia for criminal cases in Vigan. However, the pre-eminence of the Supreme Court as the sole interpreter of the law was unknown during the Spanish regime.
[edit] American Period
The Supreme Court of the Philippines was officially established on June 11, 1901 through the passage of Act No. 136, otherwise known as the Judiciary Law of the Second Philippine Commission. By virtue of that law, judicial power in the Philippine Islands was vested in the Supreme Court, Courts of First Instance and Justice of the Peace courts. Other courts were subsequently established.
The judicial structure introduced by Act No. 136 was reaffirmed by the US Congress with the passage of the Philippine Bill of 1902. The Administrative Code of 1917 ordained the Supreme Court as the highest tribunal with nine members: a chief justice and eight associate justices.
From 1901 to 1935, although a Filipino was always appointed chief justice, the majority of the members of the Supreme Court were Americans. Complete Filipinization was achieved only with the establishment of the Commonwealth of the Philippines in 1935. Claro M. Recto and Jose P. Laurel were among the first appointees to replace the American justices. With the ratification of the 1935 Constitution in a plebiscite held on May 14, 1935, the membership in the Supreme Court increased to 11: a chief justice and ten associate justices, who sat en banc or in two divisions of five members each.
[edit] An Independent Philippines
Under the 1973 Constitution, the membership of the Supreme Court was increased to 15. The justices sat en banc or in two divisions. The 1973 Constitution also vested in the Supreme Court administrative supervision over all lower courts which heretofore was under the Department of Justice (Philippines).
After the overthrow of President Ferdinand Marcos in 1986, President Corazon C. Aquino, using her emergency powers, promulgated a transitory charter known as the “Freedom Constitution” which did not affect the composition and powers of the Supreme Court. The Freedom Charter was replaced by the 1987 Constitution which is the fundamental charter in force in the Philippines at present. Section 1 Article VIII of the Constitution vests the judicial power “in one Supreme Court and in such lower courts as may be established by law.” Under the current set-up, the Court may sit en banc or in two divisions of five members on one division (with the Chief Justice) and four members on the other division. The head of the court is the Chief Justice of the Philippines.
[edit] List of current Supreme Court justices
- 1. ^ Appointed as Associate Justice by Fidel Ramos in 1993, as Chief Justice by Gloria Macapagal-Arroyo in 2006.
[edit] The Philippine Court System
- Court of Appeals
- Court of Tax Appeals
- Regional Trial Courts
- Municipal Trial Courts in Cities
- Municipal Trial Courts
- Metropolitan Trial Courts
- Municipal Circuit Trial Courts
- Shari'a District Courts
- Shari'a Circuit Courts
- Sandiganbayan
[edit] See also
- Chief Justice of the Philippines
- Philippines
- Political History of the Philippines
- Constitution of the Philippines
[edit] External links
- Philippines: Gov.Ph: About the Philippines – Justice category
- The Supreme Court of the Philippines – Official website
- i-site.ph – Personal information on the Justices of the Supreme Court
