THE PHILIPPINE JUDICIARY: 1987 CONSTITUTION

A. STRUCTURE AND COMPOSITION

a. Diagram of the Philippine Judiciary

Figure 1. Diagram of the judicial branch of the Philippines from Official Gazette

i. Supreme Court
The Supreme Court is the highest court of the land. It is the court of last resort for no appeal lies
from its judgments and final orders.

- May sit en banc, or in its discretion, in division of three, five, or seven members; As of
this writing, there are three divisions with five justices each

Composition:
● One chief justice
● Fourteen associate justices
○ At least 40 years old
○ Filipino citizen for at least five years
○ Engage in law practice for at least fifteen years
■ The supreme court chief justice is appointed by the president from the
three nominees given by the JBC.
ii. Court of Appeals
The Court of Appeals reviews cases appealed to it from the Regional Trial Courts. It may review
questions of fact or mixed questions of fact and law. Unlike the Supreme Court, the CA is not a
creation of the Constitution. Like the other lower courts, it was created by virtue of a law
enacted by Congress.

Composition:
● 1981, one presiding appellate justice and forty nine associate justices
● 1986, one presiding justice and fifty associate justices who shall sit in seventeen
divisions with three justices each
● 1996, from fifty-one justices it became sixty-nine and the number of divisions increased
to twenty-three
○ Qualifications the same of the Supreme Court

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 iii. Regional Trial Courts (formerly known as the ‘Court of First Instance’)
The Philippines is divided into thirteen different judicial regions; each has its own RTC. RTCs are
basically trial courts. They are courts of general jurisdiction. They try and decide not only the
particular classes or kinds of cases assigned to them by law, but also those beyond the
jurisdiction of courts of the first level.

Composition:

● One presiding judge per region

○ Filipino citizen (constitution)
○ Member of the Bar (constitution)
○ At least 35 years old (batasang pambansa)
○ Has at least ten years experiences in law practice (batasang pambansa)
○ The congress set the qualifications for the RTC judge
■ It is chosen by the president from the list of three given by the JBC

iv. Courts of the First Level

At the first level are the Metropolitan Trial Courts (MetroTCs), the Municipal Trial Courts (MTCs),
and Municipal Circuit Trial Courts (MCTs).

Composition:

● Judges
○ Qualifications are both prescribed by the constitution and by statute
○ Filipino Citizen (constitution)
○ Member of the Bar (constitution)
○ At least 30 years old (batasang pambansa)
○ Has at least five years experiences in law practice (batasang pambansa)
■ Appointed by the president from the list of three given by the JBC
v. Special Courts
These are judicial tribunals exercising limited jurisdiction over particular or specialized categories
of actions. Court of Tax Appeals, Sandigangbayan, Shari’a Circuit Courts, and Shari’a District
Courts

vi. Quasi-Courts
Administrative agencies that are not courts of Justice but empowered by the constitution or
statute to hear and decide certain classes and categories of cases. They act like courts, although
strictly speaking, they are part of the executive branch.

B. POWERS
a. Adjudicatory Power
- The 1987 Philippine Constitution vests upon the Supreme Court the power of adjudication. This
authority permits the judicial branch to review evidence and arguments in reaching a legal
decision.

b. Judicial Review
- Judiciary’s job to review all laws even those approved by the majority of congress (Congress just
passes the law, but they need to be checked by the Justice)
- Upon review, the judiciary holds the power to possibly invalidate laws, decrees, and actions of
other branches of government.
- Only effective if judges remain independent from other institutions. As members of a broad
system of government, judges often function under the constraints of political culture and public
opinion.

c. Administrative supervision of courts and its personnel

- Independence in hiring personnel across all level of court systems
- “Power to appoint all officials and employees of the judiciary in accordance with the Civil Service
Law”
- “Administrative supervisions of all the courts and the personnel thereof”

d. Discipline/dismiss other judges in lower courts

- Ability to decide on its own without the influence/bias of other branches
- “The supreme court en banc have the power to discipline judges or order their dismissal by a
vote of the majority of the members who actually took part in the deliberations on the issues of
the case and voted thereon.”
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C. JUDICIAL PROBLEMS & ISSUES
a. Delay and Inefficiency in the Administration and Delivery of Justice
- Societal Complexion of Delay. Changes in the political and social environment may cause delay.
As such, the increase of the national population of the country has consequently prompted an
increase in the number of cases filed over the years.
- Court System Delay. The judiciary lacks courts, court facilities, judges, and court personnel.
Judges, lawyers, court-related agencies, and complexity of rules of procedure may also cause
delay.

b. Widespread Perceptions of Graft and Corruption

- Extent of corruption is hidden behind the highly confidential nature of the judiciary.
- The media reports evidence of bribery, payoffs, networks of intermediaries, conflicting interests,
questionable assignment of cases, and covert deal making and lobbying of the judiciary.

c. Judicial activism vs. Judicial restraint

- some courts are more aggressive(conducting persistent review of law), some are conservative
(persistently rejecting laws and referring them back to concerned branches)
- Aggressive courts go beyond “narrow legal decisions” to impact public policy.
- Conservative courts often serve existing leaders’ ideologies.

d. Lack of Judicial Independence

- Highly political
- Even though there is the presence of the Judicial and Bar Council, the president still has the last
say on the appointments of the justices.
- The appointment may be due to personal reasons of the president. For example, appointing a
new chief justice a year before the end of term to minimize the possibility of being jailed.
- Elite composition

e. People’s access to court

- Efficient administration of justice is costly.
- The socio-economic status of people prohibits them from having high caliber lawyers.
Furthermore, the gap between them and the lawyer causing “hiya”, their lack of education, and
lack of support put them in a disadvantageous position inside the court.
- The use of English language also restricts people from fully participating in the process.
D. JUDICIAL REFORMS
a. Reforms addressing delay and inefficiency in the administration and delivery of justice
1. Creation of the Office of the Court Administrator
- The Office of the Court Administrator (CA) was created to assist the Supreme Court in its
constitutional function of supervising the lower courts.
2. The continuous trial system
- In this judicial reform, the Supreme Court departed from the system of piecemeal trials
(or the so-called segmented trials) and implemented a 90-day trial period, in which trials
must be held on the dates and times agreed upon.
3. Pretrial
- The pretrial is a procedural device that aims to simplify issues for adjudication and
expedite settlement of cases by: (1) establishing an amicable settlement or compromise
to end the dispute quickly; (2) eliciting of more admissions, either of liability or as to the
facts or the proofs; (3) disclosure of evidence; and (4) looking for ways to shorten or
expedite the proceedings.
4. Katarungang Pambarangay as a mode of alternative dispute resolutions
- This is a unique feature of the Philippine judicial system, which offers settlement of
disputes at barangay or village level. The system is designed to speed up the settlement
of minor civil and criminal cases and to minimize the referral of such disputes in court.
The main actor for this reform is the Lupong Tagapamayapa; composed of ten to twenty
barangay members, with the barangay captain as the sitting chairman.
5. Refinement and simplification of court procedures
- The Supreme Court’s standing Committee on the Revision of the Rules of Court took the
initiative to revise the judicial procedure for the purpose of refinement and
simplification of legal processes.
6. Computerization in aid of administration and delivery of justice
- The judicial branch has utilized the advent of technology to implement a tracking system
through which the status of any given case at any time in its history can be ascertained
in a matter of minutes.

7. Mediation as an alternative dispute resolution program

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 - Launched by former Chief Justice Davide, this judicial reform promotes the process of
mediation; whereby a neutral third party or mediator facilitates communication and
negotiation between parties to assist them in reaching a voluntary agreement and
resolving a dispute.

b. Developing a moral and competent judiciary

1. Code of Judicial Conduct and other codes to improve the competence and integrity of judiciary
- Constitutional code that incorporates measures to ensure competence, integrity, probity
and independence among members of the judiciary in their judicial education and
practice, where transgressions against the code are due for appropriate action.
2. Continuing judicial education
- Prior to assuming judicial posts, judges undergo pre-service training that include
workshops, immersions, and sit-ins with senior judges.
- Establishment of Institute of Judicial Administration, composed of representatives from
the SC and UP Law Center to conduct researches/studies on the operation of the Ph
Court System.
- Establishment of Philippine Judicial Academy for regular nationwide training of members
of the judiciary in specific areas of concern (e.g. human rights, economic, social and
cultural rights, environmental law, biosciences and life technologies, intellectual
property and anti-money laundering)
3. Monitoring judicial projects, programs, and performance of trial courts
- The Judicial Planning, Development and Implementation Office was established to
continually monitor judicial projects, programs, and performance of judges and courts
from municipal to national levels.
4. Penalizing erring judges
- As per Action Program for Judicial Reforms, penalties for violations of judicial ethical
standards include dismissal from service, suspension from office, or payment of fines.
5. Honoring exemplary performance
- Members of the judiciary with outstanding performance are recognized annually,
awarded with cash prizes and trophies/medallions.
- Under the Judicial Excellence Awards Program, chosen judges and clerks of court are
awarded.
- Under the Chief Justice Awards, court personnel holding positions below the clerks of
court are awarded.

c. Reforms addressing people’s access to the courts

1. Law student practice
- Fourth year law students studying in law school approved by the Supreme Court may
appear in the court, tribunal, board or officer, as a lawyer without compensation to
represent indigent clients approved by its law school’s legal clinic.
2. The growth of Philippine development legal services
- A number of Filipino lawyers and law students provide assistance to the populations by
establishing non-government organizations (NGO).
- They aim to help people in broader issues that inhibit them from joining judicial process
3. Justice on Wheels project
- Mobile court with complete small courtroom
- includes offices of judge, mediator, and personnel and other amenities.

E. Real-world Implications

Although the 1987 Philippine Constitution guarantees judicial independence, such absolute independence only
exists in theory and in an ideal situation. Despite the creation of the Judicial Bar Council (JBC), the appointment
of justices to the Supreme Court (SC) remains under the discretion of the President and his cabinet members. As
a result, several decisions of the justices are skewed in favor of the President despite glaring unconstitutionality.
For instance:

● Marcos burial
- a classic example of historical revisionism
● Sereno quo warranto (quo warranto: measure for individuals to show cause that they have a basis for all
the powers and benefits they enjoy)
-should have been left up to congress, as an impeachment scene.
- with a quo warranto, everything is warranted instead of being treated as a constitutional issue.
● ATL
- will be a political decision
- might follow the interest of the administration

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 HISTORY OF THE PHILIPPINE JUDICIARY

Period State of Judicial Independence Composition Qualifications

● Judicial authority is vested in datu or village chieftain, ● being a datu or village chieftain
who acts as both judge in both civil claims and criminal
● There is hardly any idea of judicial cases.
independence since much of the authority
Pre-Spanish Period
(executive, legislative, judiciary) is ● If litigants feel aggrieved, an arbiter from another village ● an arbiter must be an old folk of the village and
concentrated in the village chieftain. is named. The same procedure is followed when a well-versed in custom law and tradition
controversy involves two persons from different
barangays.

● Governor-General (President of the Royal Audiencia)

● While the Royal Audiencia is granted the
authority to try cases of appeals from
● Three oidores (Auditors)
gobernadores, alcalde mayors, and other
○ increased to four (1776)
provincial magistrates, it does not fully enjoy
judicial independence as the body is headed
● One Fiscal (Prosecutor Attorney)
by the governor-general who discharges
○ increased to two (1776)
executive powers as well. The concept of ● Other than the mentioned titles and professions, there
Spanish Period ■ aided by a counselor at law, a clerk of
separation of powers is still unknown to the are no specific qualifications mentioned.
court, some attorneys, a chaplain, an
Spaniards.
agent of treasury, a Spanish porter, a
sacristan, a major domo, four Indio
● The Audiencia is not the most supreme
porter, a lawyer and attorney for the
court as cases can still be appealed and
poor, a warden of the court
overturned to the Consejo de Indias and to
the Spanish monarch.
● One Regent (added in 1776)

● The establishment of the Corte Suprema de ● The Supreme Court of Justice is divided into a:
Justicia, or Supreme Court of Justice, by the ○ a sala de gobierno (comprised of the chief
revolutionaries signified that early Filipinos justice, the presidentes de sala, and the ● Since the revolutionaries fail to realize this system, no
Malolos Congress
understood the need to have a separate procurator general) qualifications are specified.
branch for the resolution of disputes and ○ three salas de justicia, which is further split
which could serve as a check to the executive into:
and legislative branches.

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 ■ de lo civil (comprised of the
● As the highest Court of the Land, it has presidentes de sala and four
jurisdictions over the entire territory of the magistrados)
republic. Therefore, there is a development ■ de lo criminal (comprised of the
in the state of judicial independence. But presidentes de sala and four
the war has prevented the revolutionaries magistrados)
to fully implement such a concept of an ■ de guerra marina
independent Filipino judiciary.

● Judicial System shaped by continuing

struggle of Filipinos for autonomy and
independence. ● Initially, no particular qualifications were specified as
trials for crimes and offenses were executed by
● Initially, Judicial power was vested in US ● Supreme Court was reduced from nine to seven military commissions.
military commissions and provost courts. members (allowing only 3 Filipinos) ● With the US Constitution, For Justices:
American Period
● Provincial Courts ○ At least 30 years old
● Judiciary System shaped by William ● Peace Courts ○ American or Filipino citizen
Howard Taft’s (head of PH Commission) ○ Engaged in law practice or public office
ideology on the need for an active court requiring law degree for at least 5 years
that would curb the abuses of the other
branches.

● The 1935 Constitution formulated under

the commonwealth government tried to
boost judicial independence through new
incentives: ● For Justices
● Supreme Court (may sit en banc or in two divisions)
○ judges’ security of tenure ○ At least 40 years old
○ one chief justice
○ compensation for justices’ and ○ Filipino citizen for at least five years
1935 Constitution and ○ 10 associate justices (reduced to six associate
judges’ services ○ Engaged in law practice for at least ten years
the Commonwealth justices under the Commonwealth Act 3)
○ blanket prohibition against judges’ ● For Inferior Courts (as prescribed by the National
Period ● Court of Appeals created as an intermediate appellate
salary cutbacks Assembly)
court between the SC and the inferior courts
○ prohibition against transferring ○ Filipino Citizen
● Inferior Courts
judges without their consent, ○ admitted to the practice of law
except by the approval of the SC
● The 1935 Constitution included the
institution of judicial review, giving power
to the Judiciary to review the
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 constitutionality of any law or executive
order.

● Primarily, the whole country was placed

under martial law, putting courts under
military jurisdiction resulting in no judicial
● Supreme Court was reduced to seven members
independence. ● Justices were appointed by the president with the
○ one chief justice
assistance of the cabinet.
Japanese Occupation ○ six associate justices
● Eventually, Japan set up a civil ● Judges of lower courts were appointed by the
● Court of Appeals
government that birthed the 1943 president with the assistance of the Supreme Court.
○ divided into five districts
Constitution, which vested judicial power
in one Supreme Court and other inferior
courts.

● It is a period characterized by judicial

restraint because of numerous factors.
● For Justices
● Reconstitution of the Supreme Court ○ At least 40 years old
● Supreme Court (Six justices constitute quorum. The
under 1935 Constitution and revival of the ○ Filipino citizen for at least five years
concurrence of at least six justices was required for a
Court of Appeals ○ Engage in law practice for at least ten years
valid decision. Eight justices must concur if the case
■ Appointed by the president and
questions the constitutionality of a law or treaty.)
The Judiciary from ● Most of its decisions favors the elite approved by the Commission of
○ One chief justice
1946-1972 interests. Appointments
○ Ten associate justices
● For Inferior Courts (National assembly prescribes its
● There is limited judicial independence requirement, but its minimum requirements are:)
● Court of Appeals
because justices are appointed by the ○ Filipino citizen
○ Fifteen justices
president and approved by the ○ Must be in law practice
Commission of Appointments. It paved
the way to horse riding and political
patronage.

● Under constitutional authoritarianism, all ● For Justices

pretense of judicial independence was ● Supreme court (may sit en banc or in two division) ○ At least 40 years old
The Judiciary during
lost because Marcos is the sole appointing ○ One chief justice ○ Filipino citizen for at least five years
Martial Law
authority. Judicial officials were always ○ Fourteen associate justices ○ Engage in law practice for at least ten years
under the threat of removal and their ■ Appointed by the president only

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 tenure was dependent at the president’s
will. ● For Inferior Courts (National assembly prescribes its
requirement, but its minimum requirements are:)
● In Article X of the 1973 Constitution, ○ Filipino citizen
judicial powers were vested to the ○ Member of the Philippine bar
Supreme Court and inferior courts.

● For Justices
○ At least 40 years old
○ Filipino citizen for at least five years
○ Engage in law practice for at least fifteen years
■ The supreme court chief justice is
appointed by the president from the
● Supreme court (may sit en banc, or in its discretion, in
three nominees given by the JBC.
division of three, five, or seven members; As of this
● Judiciary as one of the three ● For Court of Appeals Justice
writing, there are three divisions with five justices
independent, co-equal, and coordinate ○ The same for the supreme court justices
each).
branch of the government. ● For Regional Trial Courts Judge
○ One chief justice
○ Filipino citizen (constitution)
○ Fourteen associate justices
● It has a guaranteed judicial ○ Member of the Bar (constitution)
● Court of Appeals (enacted by the Congress)
independence. The 1987 constitution ○ At least 35 years old (batasang pambansa)
○ 1981, one presiding appellate justice and forty
provides more innovation to the judicial ○ Has at least ten years experiences in law
The Judiciary in nine associate justices
branch to make it more independent such practice (batasang pambansa)
Post-1986 Politics ○ 1986, one presiding justice and fifty associate
as: security of tenure, fiscal autonomy, ○ The congress set the qualifications for the RTC
justices who shall sit in seventeen divisions
creation of the Judicial and Bar Council, judge
with three justices each
expanded power of Judicial Review, power ■ It is chosen by the president from the
○ 1996, from fifty-one justices it became
to review the declaration of martial law list of three given by the JBC
sixty-nine and the number of divisions
and suspensions of the writ of habeas ● For Court of the first level Judge
increased to twenty-three
corpus, and to be the judge of presidential ○ Qualifications are both prescribed by the
● 13 Regional Trial Courts
elections (see text book for more info.) constitution and by statute
○ 1 presiding judge for each
○ Filipino Citizen (constitution)
○ Member of the Bar (constitution)
○ At least 30 years old (batasang pambansa)
○ Has at least five years experiences in law
practice (batasang pambansa)
■ Appointed by the president from the
list of three given by the JBC

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REFERENCE:

Atienza, M. E. L. & Baylon, F. C. (2006). The Judiciary. In N. M. Morada and T. S. E. Tadem (Eds.),
Philippine politics and
governance: An introduction (pp. 333-391). Department of Political Science, College of Social
Sciences and
Philosophy, University of the Philippines.

Official Gazette. (n.d.). [Diagram of the judicial branch of the Philippines]. Retrieved April 16, 2021, from
[Link]

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