Judiciary of the Philippines
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The judiciary of the Philippines consists of the Supreme Court, which is established in the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
, and three levels of lower courts, which are established through law by the
Congress of the Philippines The Congress of the Philippines ( fil, Kongreso ng Pilipinas, italic=unset) is the legislature of the national government of the Philippines. It is bicameral, composed of a lower body, the House of Representatives, although colloquially the te ...
. The Supreme Court has expansive powers, able to overrule political and administrative decisions, and with the ability to craft rules and law without precedent. It further determines the rules of procedure for lower courts, and its members sit on electoral tribunals. Below the Supreme Court is the
Court of Appeals A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
, which also has national scope with different divisions based in different regions of the country. Decisions from this court can only be appealed to the Supreme Court. Below this level are
Regional Trial Court The Regional Trial Courts ( fil, Panrehiyong Hukuman sa Paglilitis) are the highest trial courts in the Philippines. In criminal matters, they have original jurisdiction. History It was formerly called as the Court of First Instance since the ...
s, which are spread throughout the country among judicial regions. Some of these courts are specialized to deal with certain types of cases. Below these courts are the first level Metropolitan and Municipal Trial Courts, which are located in
cities A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be def ...
and
municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
throughout the country. Outside of the regular court systems, special courts have been set up to deal with particular cases. These include the Court of Tax Appeals and the
Sandiganbayan The Sandiganbayan ( en, Support of the Nation) is a special appellate collegial court in the Philippines that has jurisdiction over criminal and civil cases involving graft and corrupt practices and other offenses committed by public office ...
, which are considered equivalent to the Court of Appeals. In some parts of the country, Sharia courts have been established. Outside of the court system, a number of
quasi-judicial bodies A quasi-judicial body is non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board, that can be a public administrative agency but also a contract A contract is a legally enforceab ...
have some powers established via law. The Supreme Court was given its expansive powers following a period of martial law, where the Executive dominated. While the Judiciary oversees the other branches of government, judges are appointed to the Judiciary by the
President of the Philippines The president of the Philippines ( fil, Pangulo ng Pilipinas, sometimes referred to as ''Presidente ng Pilipinas'') is the head of state, head of government and chief executive of the Philippines. The president leads the executive branch of t ...
from a shortlist submitted by the
Judicial and Bar Council The Judicial and Bar Council (JBC; fil, Sangguniang Panghukuman at Pang-abogasya) of the Philippines is a Constitution of the Philippines, constitutionally-created body that recommends appointees for vacancies that may arise in the composition ...
, a body the President can influence.


Hierarchy of Courts


Supreme Court

The Supreme Court (SC) is the highest court of the land and is the court of last resort. It is led by the Chief Justice, who is joined by 14
Associate Justices Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state ...
. The court has expansive powers and a constitutional responsibility to oversee other branches of government, able even to overrule the discretion of political and administrative individuals and bodies. This power is a response to a previous period of martial law during which the courts often declined to act against the Executive. These powers also gave the courts rule-making abilities more typically associated with legislatures. The 1987
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...
gives the Supreme Court "original jurisdiction on cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, ''
quo warranto In law, especially English and American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or ...
'', and
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
". It is the appellate court for cases where "the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question", for the "legality of any tax" and related matters, where the "jurisdiction of any lower court is in issue", "criminal cases where the penalty is ''
reclusión perpetua (Spanish, from la, reclusio perpetua, lit=permanent imprisonment) is a type of sentence of imprisonment in the Philippines, Argentina, and several other Spanish-speaking countries. Laws by region Philippines In the Philippines, it is one of t ...
'' or higher", and "in which only an error or question of law is involved". Appeals from lower courts are taken on certiorari. Appellate jurisdiction over various matters can be increased by the Philippine Congress in agreement with the court. The court's powers allow it to create new law without requiring precedent, and on which its decision is final. The '' Oposa v. Factoran'' case, centered on environmental protection, saw the court recognize the rights of future generations.
Writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
s of ''amparo'' and habeas data were approved in 2007, to better enable courts to deal with extrajudicial killings and disappearances. In 2008 it rewrote libel guidelines, reducing penalties. Environmental protections were further enhanced through the approval of the writ of ''kalikasan'' in 2010, which provided protections against extreme environmental damage. Both of these writs came with a provision that removed filing fees. The 2010 rules of procedure for environmental cases established by the Supreme Court were a first for any country. In 2015 the court recognized the
standing Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
of cetaceans, including "toothed whales, dolphins, ndporpoises", who while lacking independent
legal person In law, a legal person is any person or 'thing' (less ambiguously, any legal entity) that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for ...
ality could be represented by Philippine citizens, in a case regarding oil exploration in the
Tañon Strait The Tañon Strait ( fil, Kipot ng Tañon) is a body of water, separating the islands of Negros and Cebu in the Visayas, Philippines. The strait, which is about long, connects the Visayan Sea in the north to the Bohol Sea in the south. Its widt ...
. The decision came following a case lasting eight years, ending long after the oil exploration had already ceased. The Supreme Court is the only court established through the constitution, with all lower courts being established through legislation. It makes up the fourth and highest level of court, with lower courts on the same level unable to review the decisions of courts at the same level. The rules governing the proceedings in the lower courts are determined by the Supreme Court.


Regular courts

In addition to the Supreme Court, there are three lower levels of regular courts. This structure is hierarchical. Second and First-level courts are organized geographically, although this is purely an administrative arrangement.


Third-level courts

The Court of Appeals (CA) is the
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
for civil and criminal cases not involving actions related to governing the country, and has original jurisdiction on issuance of writs of mandamus, prohibition, injunction, certiorari, habeas corpus and other auxiliary writs. The court is composed of 68 associate justices headed by a presiding justice. These are divided into 23 divisions of 3 members, 17 of which are based in Manila and hear cases from Luzon, 3 of which are based in Cebu City and hear cases from the Visayas, and 3 which are based in Cagayan de Oro and hear cases from Mindanao. The court shares some concurrent original jurisdiction with the Supreme Court. It is the second highest court, and decisions reached by this court can only be appealed to the Supreme Court on questions of law.


Second-level courts

A Regional Trial Court (RTC) has original jurisdiction on criminal matters, except on those where the Sandiganbayan has original jurisdiction on, and for certain civil suits. Multiple branches of regional trial courts can be established in the same judicial region. Each branch, as in all second and first level courts, is led by a single judge. Some RTC branches are directed to focus exclusively on certain types of cases.


First-level courts

First-level courts have original jurisdiction on criminal matters, except on those where the Sandiganbayan and Regional Trial Courts have original jurisdiction on, on violations of city or municipal ordinances, on certain civil cases, and on cases involving
forcible entry Forcible entry is "the unlawful taking of possession of real property by force or threats of force or unlawful entry into or onto another's property, especially when accompanied by force". The term is also sometimes used for entry by military, pol ...
. Each court has one judge. A party may appeal to a Regional Trial Court. The following are the first level courts: *Metropolitan Trial Courts (MeTC) are first level courts in
Metro Manila Metropolitan Manila (often shortened as Metro Manila; fil, Kalakhang Maynila), officially the National Capital Region (NCR; fil, link=no, Pambansang Punong Rehiyon), is the seat of government and one of three defined metropolitan areas in ...
*Municipal Trial Courts (MTC) are first level courts in each
municipality A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...
*Municipal Trial Courts in Cities are first level courts in each
city A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be def ...
outside Metro Manila *Municipal Circuit Trial Courts (MCTC) are first level courts in two or more
municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the go ...


Special courts

Some courts have been created by law to deal with specific types of cases, with their rulings restricted to this specific jurisdiction.


Specialized regional courts

Some regional courts are specifically assigned to handle certain types of cases with their relevant geographical area. Some are designated as a "Family Court", with jurisdiction over cases involving children. Others have been designated "Heinous Crime Courts", dealing with cases involving kidnapping, certain forms of robbery, drug crimes, intellectual property rights, and libel. In 2008 some were designated to deal with environmental cases.


Court of Tax Appeals

The Court of Tax Appeals (CTA) both has original jurisdiction and is an appellate court for matters related to taxes. The court is led by a presiding justice, and has eight associate justices. It is an appellate court, equal to the Court of Appeals.


Sandiganbayan

The Sandiganbayan is a special court set up to deal with instances of corruption involving a government official or an official in a government-owned body. It also has jurisdiction over other crimes committed by public officials, if these felonies relate to their office. The court is led by a presiding justice, and with the presiding justice, is composed of 14 associate justices. It is considered equal to the Court of Appeals. The Sandiganbayan was originally established as the Tanodbayan under the 1973 constitution. Cases are filed at the Sandibanbayan by the Ombudsman. The Ombudsman is tasked with investigation official corruption, and can prosecute all public officials and agencies aside from the President, who is immune from such prosecution while in office. The Ombudsman and their deputies are selected by the President from a list provided by the Judicial and Bar Council, with the Ombudsman requiring ten years of experience as a judge or lawyer. The President has no ability to appoint individuals from outside of this list. These appointments do not require confirmation from the legislature. Terms of office last seven years, and an Ombudsman cannot be reappointed.


Sharia Courts

Sharia District Courts (ShDC), which rule on Sharia law, have limited jurisdiction over cases relating to Muslims. They also have limited territorial jurisdiction, which is determined by the Supreme Court. They are present only in five judicial regions, all areas of Southwest Mindanao. They are equivalent to regional trial courts, and were established under the "Code of Muslim Personal Laws of the Philippines" (Presidential Decree No. 1083) to handle personal relations between Muslims. Sharia courts have original jurisdiction over a number of issues relating to Sharia. They also have concurrent jurisdiction over some matters that fall within the jurisdiction of civil courts, but only where all parties are Muslims. One exception is that cases can be filed in Sharia courts by non-Muslim women married to a Muslim man through Islamic rites. Sharia Circuit Courts (ShCC) have the same rank as Municipal Circuit Trial Courts Sharia District Courts are theoretically overseen by a Sharia Appellate Court, but it has not been established, leaving their decisions instead reviewed by the Supreme Court.


Military courts

Cases involving the military are handled by civil courts, except when the offense is determined to be service-oriented by a civil court. In that case, it shall be tried by court-martial. Under
martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...
, military courts may try civilians if no civilian courts are functional.


Quasi-judicial bodies

A
quasi-judicial body A quasi-judicial body is non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board, that can be a public administrative agency but also a contract- or private law entity, which has been ...
can adjudicate on matters of law, but only through existing legal basis. They have no actual judicial power. These include: * Agricultural Inventions Board * Board of Investments * Bureau of Patents, Trademarks and Technology Transfer * Central Board of Assessment Appeal *
Civil Aeronautics Board The Civil Aeronautics Board (CAB) was an agency of the federal government of the United States, formed in 1938 and abolished in 1985, that regulated aviation services including scheduled passenger airline serviceStringer, David H."Non-Skeds: T ...
*
Civil Service Commission A civil service commission is a government agency that is constituted by legislature to regulate the employment and working conditions of civil servants, oversee hiring and promotions, and promote the values of the public service. Its role is rough ...
* Commission on Audit *
Commission on Elections An election commission is a body charged with overseeing the implementation of electioneering process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction, and may be styled an electoral commission, a c ...
* Construction Industry Arbitration Commission *
Department of Agrarian Reform The Department of Agrarian Reform ( fil, Kagawaran ng Repormang Pansakahan}, abbreviated as DAR or KRP) is an executive department of the Philippine government responsible for the redistribution of agrarian land in the Philippines. List of t ...
* Employees Compensation Commission * Energy Regulatory Board *
Government Service Insurance System The Government Service Insurance System ( fil, Paseguruhan ng mga Naglilingkod sa Pamahalaan, abbreviated as GSIS) is a government-owned and controlled corporation (GOCC) of the Philippines. Created by Commonwealth Act No. 186 and Republic Act ...
* Insurance Commission * Land Registration Authority *
National Electrification Administration The National Electrification Administration (NEA; fil, Pambansang Pangasiwaan ng Elektripikasyon) is a government-owned and controlled corporation (GOCC) attached to the Department of Energy of the Philippines tasked in the full implementatio ...
* National Labor Relations Commission * National Police Commission * National Telecommunications Commission * Office of the President *
Philippine Atomic Energy Commission The Philippine Nuclear Research Institute (PNRI) is a government agency under the Department of Science and Technology mandated to undertake research and development activities in the peaceful uses of nuclear energy, institute regulations on ...
* Securities and Exchange Commission * Social Security Commission * Tariff Commission The decisions of these bodies are appealed to an appellate court.


Electoral tribunals

There are electoral tribunals for the presidency and Congress. The Presidential Electoral Tribunal is composed of the Supreme Court. The Senate Electoral Tribunal is composed of three associate justices of the Supreme Court, and six senators. The House of Representatives Electoral Tribunal is composed of three associate justices of the Supreme Court, and six representatives. The composition of the six representatives from both houses should reflect the proportional distribution of political parties in Congress.


Independence

The Judiciary is a co-equal branch of Government to the Executive and the Legislature. Under the 1987 constitution, Judicial terms of office are out of sync with other offices such as the
President of the Philippines The president of the Philippines ( fil, Pangulo ng Pilipinas, sometimes referred to as ''Presidente ng Pilipinas'') is the head of state, head of government and chief executive of the Philippines. The president leads the executive branch of t ...
, to promote independence. The President appoints individuals to the judiciary. Appointments to the judiciary are recommended by the
Judicial and Bar Council The Judicial and Bar Council (JBC; fil, Sangguniang Panghukuman at Pang-abogasya) of the Philippines is a Constitution of the Philippines, constitutionally-created body that recommends appointees for vacancies that may arise in the composition ...
(JBC) to the President. For the Supreme Court, the President is required to select justices from a shortlist prepared by the JBC, which must include at least three people. However, there have been instances where the President has rejected a shortlist entirely and requested a new one. The JBC was created to further separate the judiciary from political influence, with judges previously being approved by Congress. However, the President has direct influence in the JBC, and can appoint half of its members. Political pressure has also been observed in court decisions, causing inconsistency between different cases. The constitution prevents the President from appointing individuals in the last two months of their term, however a 2010 Supreme Court ruling established that this prohibition did not apply to judicial appointments, overturning previous court rulings under which the prohibition did apply. This majority for this ruling consisted of appointees of President
Gloria Macapagal Arroyo Maria Gloria Macaraeg Macapagal Arroyo (, born April 5, 1947), often referred to by her initials GMA, is a Filipino academic and politician serving as one of the House Deputy Speakers since 2022, and previously from 2016 to 2017. She previously ...
, whose unusually long term in office undermined some of the constitutional guards against undue Presidential influence in other branches of government. The next Chief Justice,
Renato Corona Renato Tereso Antonio Coronado Corona (October 15, 1948 – April 29, 2016) was a Filipino judge who was the 23rd chief justice of the Philippines from 2010 to 2012. He served as an associate justice after being appointed by President Gloria ...
, was appointed following this ruling, an appointment which also broke with the traditional precedent whereby the most senior associate justice became the next Chief Justice, which had been in place since the end of martial law. Corona was not recognized by subsequent President
Benigno Aquino III Benigno Simeon Cojuangco Aquino III (; February 8, 1960 – June 24, 2021), also known as Noynoy Aquino and colloquially as PNoy, was a Filipino politician who served as the 15th president of the Philippines from 2010 to 2016. The son of ...
, although his executive order cancelling the late appointments justified by the 2010 Supreme Court ruling was reversed by the Supreme Court. Aquino subsequently bypassed seniority in other judicial appointments. Judges must retire at age 70. There is also some legislative oversight of the judicial system, with the legislature able to carry out impeachment proceedings. The first attempt to impeach a Chief Justice, in 2003, was quashed by the Supreme Court. Corona was impeached in 2012, the first time a Chief Justice had been impeached in Philippine history. His successor, Maria Lourdes Sereno, also had impeachment proceedings brought against her. However, she was removed from office through ''
quo warranto In law, especially English and American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or ...
'' proceedings, before any impeachment proceedings took place. The
Office of the Solicitor General The Office of the Solicitor General of the Philippines ( fil, Tanggapan ng Taga-usig Panlahat), formerly known as the Bureau of Justice, is an independent and autonomous office attached to the Department of Justice. The OSG is headed by Menardo G ...
is an independent body that represents the government in legal cases.


References


External links

* * * * * * * {{Judiciaries of Asia Law of the Philippines