The Supreme Court ( fil, Kataas-taasang Hukuman; colloquially referred to as the ''Korte Suprema'' lso used in formal writing is the highest court in the

Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...

. The Supreme Court was established by the

Second Philippine Commission The Taft Commission, also known as the Second Philippine Commission ( Filipino: ''Ikalawang Komisyon ng Pilipinas''), was established by United States President William McKinley on March 16, 1900, following the recommendations of the First Phili ...

on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the '' Real Audiencia de Manila'', the predecessor of the Supreme Court. The Supreme Court compound, which sits in what is formerly a part of the

University of the Philippines Manila The University of the Philippines Manila (UPM) is a state-funded medical and research university located in Ermita, Manila, Philippines. It is known for being the country's center of excellence in the health sciences, including health professio ...

campus, occupies the corner of

Padre Faura Street Padre Faura Street is an east-west street in downtown Manila, Philippines. It carries traffic one-way westbound from Romualdez Street to Roxas Boulevard. Starting at its eastern terminus at Paco Park in Paco district, the street heads west for a ...

and

Taft Avenue Taft Avenue ( fil, Abenida Taft; es, Avenida Taft) is a major road in the south of Metro Manila. It passes through three cities in the metropolis: Manila, Pasay and Parañaque. The road was named after the former Governor-General of the Philippin ...

Ermita Ermita is a district in Manila, Philippines. Located at the central part of the city, the district is a significant center of finance, education, culture, and commerce. Ermita serves as the civic center of the city, bearing the seat of city g ...

Manila Manila ( , ; fil, Maynila, ), officially the City of Manila ( fil, Lungsod ng Maynila, ), is the capital of the Philippines, and its second-most populous city. It is highly urbanized and, as of 2019, was the world's most densely populate ...

, with the main building directly in front of the

Philippine General Hospital The Philippine General Hospital (also known as University of the Philippines–Philippine General Hospital or UP–Philippine General Hospital), simply referred to as UP–PGH or PGH, is a tertiary state-owned hospital administered and operated ...

’s cancer institute.

History

Pre-hispanic period

Prior to the conquest of Spain, the islands of the Philippines were composed of independent

barangay A barangay (; abbreviated as Brgy. or Bgy.), historically referred to as barrio (abbreviated as Bo.), is the smallest administrative division in the Philippines and is the native Filipino term for a village, district, or ward. In metropolitan ...

s, each of which is community composed of 30 to 100 families. Typically, a barangay is headed by a ''

datu ''Datu'' is a title which denotes the rulers (variously described in historical accounts as chiefs, sovereign princes, and monarchs) of numerous indigenous peoples throughout the Philippine archipelago. The title is still used today, especial ...

'' or a local chief who exercises all functions of government—executive, legislative and judicial; he is also the commander-in-chief in times of war. Each barangay has its own laws. Laws may be oral laws, which are the traditions and customs of the locality handed down from a generation to generation, or written laws as promulgated by the ''datu'' who is typically aided by a group of elders. In a confederation of barangays, the laws are promulgated by a superior ''datu'' with the aid of the inferior ''datus''. In a resolution of dispute, the ''datu'' acts as a judge while a group of elders sits as a jury. If a dispute is between ''datus'' or between members of different barangays, the dispute is settled through arbitration with some other ''datus'' or elders, serving as arbiters or mediators, from other barangays. All trials are held public. When a ''datu'' is in doubt if who between the parties are guilty, the trial is resorted to

trial by ordeal Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience. In medieval Europe, like trial by combat, tri ...

—a common practice in criminal cases. An accused who was innocent was always perceived to be always successful in such ordeals, because the deities or gods of these pre-Hispanic people made the said accused do so.

Hispanic period

In the royal order of August 14, 1569,

Miguel López de Legazpi Miguel López de Legazpi (12 June 1502 – 20 August 1572), also known as '' El Adelantado'' and ''El Viejo'' (The Elder), was a Spaniard who, from the age of 26, lived and built a career in Mexico (then the Viceroyalty of New Spain) and, i ...

was confirmed as the

Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

and

Captain-General Captain general (and its literal equivalent in several languages) is a high military rank of general officer grade, and a gubernatorial title. History The term "Captain General" started to appear in the 14th century, with the meaning of Command ...

of the Philippines. He was empowered to administer

civil Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a membe ...

and

criminal justice Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the Rehabilitation (penology), rehabilitation of o ...

in the islands. Under the same order, Legazpi had original and appellate jurisdiction in all suits and constituted in his person all authority of a department of justice, with complete administrative and governmental control of all judicial offices. In subsequent '' cédulas'' and royal orders, it was made the duty of all officials to enforce all laws and ordinances issued for the benefits of the locals, but these were not made to have been done. In a 1583 letter written by

Bishop A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is ca ...

Domingo de Salazar Domingo de Salazar (1512 – 4 December 1594) was a Catholic prelate who served as the first Bishop of Manila (1579–94) ''(in Latin)''King Philip II, Bishop Salazar noted the different acts of oppression and injustice committed against the native Filipinos and that the decrees of the King, which were designed to protect them, were generally disregarded by the Governor-General and his subordinates. As a result of these developments, the first ''

real audiencia A ''Real Audiencia'' (), or simply an ''Audiencia'' ( ca, Reial Audiència, Audiència Reial, or Audiència), was an appellate court in Spain and its empire. The name of the institution literally translates as Royal Audience. The additional des ...

'' (which is the ''

Real Audiencia of Manila Real may refer to: Currencies * Brazilian real (R$) * Central American Republic real * Mexican real * Portuguese real * Spanish real * Spanish colonial real Music Albums * ''Real'' (L'Arc-en-Ciel album) (2000) * ''Real'' (Bright album) (2010) ...

'') or high court was established in the Philippines through the royal decree of May 5, 1583. The decree stated that "the court is founded in the interests of good government and the administration of justice, with the same authority and preeminence as each of the royal audiencias in the town of

Valladolid Valladolid () is a Municipalities of Spain, municipality in Spain and the primary seat of government and de facto capital of the Autonomous communities of Spain, autonomous community of Castile and León. It is also the capital of the province o ...

and the city of

Granada Granada (,, DIN 31635, DIN: ; grc, Ἐλιβύργη, Elibýrgē; la, Illiberis or . ) is the capital city of the province of Granada, in the autonomous communities of Spain, autonomous community of Andalusia, Spain. Granada is located at the fo ...

. The audiencia was composed of a president, three ''

oidores An ''oidor'' () was a judge of the Royal ''Audiencias'' and ''Chancillerías'', originally courts of Kingdom of Castile, which became the highest organs of justice within the Spanish Empire. The term comes from the verb ''oír'', "to hear," referr ...

'' or auditors, a fiscal or prosecuting attorney, and the necessary auxiliary officials, such as the court's secretaries and clerks. The first president was Governor-Captain General

Santiago de Vera Santiago de Vera was a native of Alcalá de Henares, Spain and the sixth Spanish governor of the Philippines, from May 16, 1584, until May 1590. Governorship Governor Gonzalo Ronquillo de Peñalosa and Domingo de Salazar, the first bishop of M ...

. The ''Real Audiencia of Manila'' had a jurisdiction covering

Luzon Luzon (; ) is the largest and most populous island in the Philippines. Located in the northern portion of the Philippines archipelago, it is the economic and political center of the nation, being home to the country's capital city, Manila, as ...

and the rest of the archipelago. It was given an appellate jurisdiction over all civil and criminal cases decided by the governors, ''alcaldes mayores'' and other magistrates of the islands. The ''audiencia'' may only take cognizance of a civil case in its first instance when, on account of its importance, the amount involved and the dignity of the parties might be tried in a superior court; and of criminal cases which may arise in the place where the ''audiencia'' might meet. The decisions of the audiencia in both civil and criminal cases were to be executed without any appeal, except in civil cases were the amount was so large as to justify an appeal to the King; such appeal to the King must be made within one year. All cases were to be decided by a majority vote, and in case of a tie, an advocate was chosen for the determination of the case. The ''audiencia'' would later on be dissolved through the royal ''cédula'' of August 9, 1589. The ''audiencia'' would later on be reestablished through the royal decree of May 25, 1596, and on May 8, 1598, it had resumed its functions as a high court. By its reestablishment, the ''audiencia'' was composed of a president as represented by the governor, four associate justices, prosecuting attorney with the office of protector of the Indians, the assistant prosecuting officers, a reporter, clerk and other officials. By a royal order of March 11, 1776, the ''audiencia'' was reorganized; it consisted of the president, a regent, the immediate head of the ''audiencia'', five ''oidores'' or associate justices, two assistant prosecuting attorneys, five subordinate officials, and two reporters. It had also been allowed to perform the duties of a probate court in special cases. When the high court is acting as administrative or advisory body, the ''audiencia'' acted under the name of ''real acuerdo''. Later on the governor-general was removed as the president of the ''audiencia'' and the ''real acuerdo'' was abolished by virtue of the royal decree of July 4, 1861. The same royal decree converted the court to a pure judicial body, with its decisions appealable to the Supreme Court of Spain. By the royal decree of October 24, 1870, the ''audiencia'' was branched into two chambers; these two branches were later renamed as ''sala de lo civil'' and ''sala de lo criminal'' by virtue of royal decree of May 23, 1879. On February 26, 1886, the territorial ''audiencia'' of

Cebu Cebu (; ceb, Sugbo), officially the Province of Cebu ( ceb, Lalawigan sa Sugbo; tl, Lalawigan ng Cebu; hil, Kapuroan sang Sugbo), is a province of the Philippines located in the Central Visayas region, and consists of a main island and 167 ...

was established through a royal decree, and covers the jurisdiction of the islands of Cebu,

Negros Negros is the fourth largest and third most populous island in the Philippines, with a total land area of . Negros is one of the many islands of the Visayas, in the central part of the country. The predominant inhabitants of the island region a ...

Panay Panay is the sixth-largest and fourth-most populous island in the Philippines, with a total land area of and has a total population of 4,542,926 as of 2020 census. Panay comprises 4.4 percent of the entire population of the country. The City o ...

Samar Samar ( ) is the third-largest and seventh-most populous island in the Philippines, with a total population of 1,909,537 as of the 2020 census. It is located in the eastern Visayas, which are in the central Philippines. The island is divided in ...

Paragua ''Marihuana prensada'' or ''cannabis prensado'' (pressed cannabis or marijuana), also known as ''ladrillo'' (brick weed) or, colloquially, ''paragua'' or ''paraguayo'' is a compressed cannabis (drug), cannabis cut into blocks that facilitate trans ...

Calamianes The Calamian Islands or the Calamianes is a group of islands in the province of Palawan, Philippines. It includes: * Busuanga Island * Coron Island * Culion Island * Calauit Island * Malcapuya Island * Banana Island * Pass Island * Calumbuyan I ...

Masbate Masbate, officially the Province of Masbate ( Masbateño: ''Probinsya san Masbate''; tl, Lalawigan ng Masbate), is an island province in the Philippines located near the midsection of the nation's archipelago. Its provincial capital is Masbate C ...

, Ticao,

Leyte Leyte ( ) is an island in the Visayas group of islands in the Philippines. It is eighth-largest and sixth-most populous island in the Philippines, with a total population of 2,626,970 as of 2020 census. Since the accessibility of land has be ...

Jolo Jolo ( tsg, Sūg) is a volcanic island in the southwest Philippines and the primary island of the province of Sulu, on which the capital of the same name is situated. It is located in the Sulu Archipelago, between Borneo and Mindanao, and has ...

and

Balabac Balabac Island is the southernmost island of the Palawan province, and therefore the westernmost undisputed island in the Philippines, only about north from Sabah, Malaysia, across the Balabac Strait. Administratively, the island forms the main ...

, including the smaller and adjacent islands of aforementioned islands. By January 5, 1891, a royal decree had established the territorial ''audiencias'' of Manila and Cebu. By virtue of a royal decree, the territorial audiencia in Cebu continued until May 19, 1893 when it ceased to be territorial; its ''audiencia'' for criminal cases, however, was retained. From the same royal decree, the ''audiencia'' in Vigan was established and covers criminal cases in Luzon and

Batanes Batanes, officially the Province of Batanes ( ivv, Provinsiya nu Batanes; Ilocano: ''Probinsia ti Batanes''; fil, Lalawigan ng Batanes, ), is an archipelagic province in the Philippines, administratively part of the Cagayan Valley region. It i ...

. These courts decisions are not considered final as they are still appealable to the ''Audiencia Territorial of Manila'' and those of the audiencia to the

Supreme Court of Spain The Supreme Court ('', TS'') is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulat ...

. These ''audiencias'' would still continue to operate even until the outbreak of the Filipino rebellion in 1896.

American period

From the start of the American occupation on August 13, 1898, the ''audiencias'' of Cebu and Vigan ceased to function as the judges fled for safety. The following day,

Wesley Merritt Wesley Merritt (June 16, 1836December 3, 1910) was an American major general who served in the cavalry of the United States Army during the American Civil War, American Indian Wars, and Spanish–American War. Following the latter war, he became ...

, the first American

Military Governor A military government is generally any form of government that is administered by military forces, whether or not this government is legal under the laws of the jurisdiction at issue, and whether this government is formed by natives or by an occup ...

, ordered the suspension of the territorial jurisdiction of the colonial

, and of other minor courts in the Philippines. All trial of committed crimes and offenses were transferred to the jurisdiction of the court-martial or military commissions of the United States. On October 7, 1898, the civil courts throughout the islands that were constituted under Spanish laws prior to August 13 were permitted to resume their civil jurisdiction but subject to supervision of the American military government. Later on in January 1899, the civil jurisdiction of the ''audiencia'' in Manila was suspended but was restored in May 29, 1899 after it was reestablished as the Supreme Court of the Philippine Islands under General Order No. 40. The criminal jurisdiction was also restored to the newly reformed civil high court. On June 11, 1901, the current Supreme Court was officially established through enactment of Act No. 136, otherwise known as the Judiciary Law of the Second

Philippine Commission The Philippine Commission was the name of two bodies, both appointed by the president of the United States, to assist with governing the Philippines. The first Philippine Commission, also known as the Schurman Commission, was appointed by Preside ...

. The said law reorganized the judicial system and vested the judicial power to the Supreme Court, Courts of First Instance and

Justice of the Peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...

courts. The said law also provided for the early composition of the said High Court, having one Chief Justice and six Associate Justices—all appointed by the commission. The Philippine Organic Act of 1902 and the Jones Act of 1916, both passed by the

U.S. Congress The United States Congress is the legislature of the federal government of the United States. It is Bicameralism, bicameral, composed of a lower body, the United States House of Representatives, House of Representatives, and an upper body, ...

, ratified the jurisdiction of the Courts vested by Act No. 136. The Philippine Organic Act of 1902 further provides that the Chief Justice of the Supreme Court and its six Associate Justices shall be appointed by the

President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...

with the consent and advice of the

U.S. Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...

. The enactment of the Administrative Code of 1917 made the Supreme Court the highest tribunal. It also increased the total membership of the Supreme Court, having one Chief Justice and eight Associate Justices.

Commonwealth period

With the establishment of the

Commonwealth of the Philippines The Commonwealth of the Philippines ( es, Commonwealth de Filipinas or ; tl, Komonwelt ng Pilipinas) was the administrative body that governed the Philippines from 1935 to 1946, aside from a period of exile in the Second World War from 1942 ...

through the ratification of the 1935 Constitution, the Supreme Court's composition was increased to eleven, with one Chief Justice and ten Associate Justices. The 1935 Constitution provided for the independence of the judiciary, the security of tenure of its members, prohibition on diminution of compensation during their term of office, and the method of removal of the justices through

impeachment Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...

. The Constitution also transferred the rule-making of the legislature to the Supreme Court on the power to promulgate rules concerning pleading, practice, court procedures, and admission to the practice of law.

Japanese occupation

Within the brief

Japanese occupation of the Philippines The Japanese occupation of the Philippines (Filipino: ''Pananakop ng mga Japones sa Filipinas''; ja, 日本のフィリピン占領, Nihon no Firipin Senryō) occurred between 1942 and 1945, when Imperial Japan occupied the Commonwealth of the ...

, the Court remained with no substantial changes in its organizational structure and jurisdiction. However, some acts and outlines of the Court were required to be approved first by the Military Governor of the Imperial Japanese Force. In 1942,

José Abad Santos José Abad Santos y Basco (, ; February 19, 1886 – May 1, 1942) was the fifth chief justice of the Supreme Court of the Philippines. He briefly served as the acting president of the Commonwealth of the Philippines and acting commander-in-chie ...

—the fifth Chief Justice of the Supreme Court—was executed by Japanese troops after refusing to collaborate with the Japanese military government. He was captured on April 11, 1942 in the province of

and was executed on May 7, 1942 in the town of Malabang in

Lanao del Sur Lanao del Sur ( tl, Timog Lanao; Maranao and ilp, Pagabagatan Ranao), officially the Province of Lanao del Sur, is a province in the Philippines located in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). The capital is the city of ...

Independence and postwar period

After the end of the Japanese occupation during World War II, Philippines was granted its independence on July 4, 1946 from the United States. The grant of independence was made through the Treaty of Manila of 1946. In the said treaty, it provides that: In effect of the treaty, the United States Supreme Court ceased to have appellate power to review cases originating from the Philippines after its independence, with exception of those cases pending before the United States Supreme Court filed prior to the country's independence. On June 17, 1948, the Judiciary Act of 1948 was enacted. The law grouped cases together over which the high court could exercise its exclusive jurisdiction to review on appeal, ''certiorari'', or writ of error. In 1973, the 1935 Constitution was revised and was replaced by the 1973 Constitution. Under the said Constitution, the membership of the court was increased to its current number, which is fifteen. All members are said to be appointed by the President alone, without consent, approval, or recommendation of a body or officials. The 1973 Constitution also vested in the Supreme Court administrative supervision over all lower courts which heretofore was under the

Department of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...

. The martial law period brought in many legal issues of transcendental importance and consequence: some of which were the legality of the ratification of the 1973 Constitution, the assumption of the totality of government authority by President Marcos, the power to review the factual basis for a declaration of Martial Law by the Chief Executive.

Post–EDSA revolution and present

After the overthrow of

President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...

Ferdinand Marcos Ferdinand Emmanuel Edralin Marcos Sr. ( , , ; September 11, 1917 – September 28, 1989) was a Filipino politician, lawyer, dictator, and kleptocrat who was the 10th president of the Philippines from 1965 to 1986. He ruled under martial ...

in 1986, President

Corazon Aquino Maria Corazon "Cory" Sumulong Cojuangco-Aquino (; ; January 25, 1933 – August 1, 2009) was a Filipina politician who served as the 11th president of the Philippines from 1986 to 1992. She was the most prominent figure of the 1986 People P ...

, 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 A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...

which is the fundamental charter in force in the Philippines at present. Under the current Constitution, it retained and carried the provision in the 1935 and 1973 Constitutions that "judicial power is vested in one Supreme Court and in such lower courts as may be established by law." However, unlike the previous Constitutions, the current Constitution expanded the Supreme Court's judicial power by defining it in the second paragraph of Section 1, Article VIII as: The definition, in effect, diluted the

political question In United States constitutional law, the political question doctrine holds that a constitutional dispute that requires knowledge of a non-legal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution ...

doctrine, that it is best to submit specific questions or issues specific questions to the political wisdom of the people, and thus, as a result, are beyond the review of the courts. Furthermore, the present Constitution provided for safeguards to ensure the independence of the Judiciary. It also provided for the

Judicial and Bar Council The Judicial and Bar Council (JBC; fil, Sangguniang Panghukuman at Pang-abogasya) of the Philippines is a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court, other lowe ...

, a constitutionally-created body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts.

Overview

Qualifications

According to the Constitution, for a person to be appointed to the Supreme Court, he must be: # a

natural-born citizen A natural-born-citizen clause, if present in the constitution of a country, requires that its president or vice president be a natural born citizen. The constitutions of a number of countries contain such a clause, but there is no universally ac ...

of the Philippines; # at least forty years of age, and # have been for fifteen years or more a judge of a lower court or engaged in the practice of law in the Philippines. An additional constitutional requirement, though less precise in nature, is that a judge "must be a person of proven competence, integrity, probity, and independence."

Composition and manner of appointment

Pursuant to Article VIII of the

1987 Constitution of the Philippines The Constitution of the Philippines (Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'', Spanish: ''Constitución de la República de Filipinas'') is the constitution or the supreme law of the Republic of the Philippines ...

, the Court is composed of the Chief Justice and of the fourteen

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 ...

, all of whom are appointed by the

from a list of nominees made by the

. An appointment to the Supreme Court needs no confirmation of the

Commission on Appointments The Commission on Appointments ( fil, Komisyon sa Paghirang, abbreviated as CA) is a constitutional body which confirms or rejects certain political appointments made by the President of the Philippines. The current commission was created by th ...

as the nomination is already vetted by the

, a constitutionally-created body which recommends appointments within the judiciary. Upon a vacancy in the Court, whether for the position of Chief Justice or

Associate Justice 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

fills the vacancy by appointing a person from a list of at least 3 nominees prepared by the

Retirement

The 1987

Constitution of the Philippines The Constitution of the Philippines (Filipino: ''Saligang Batas ng Pilipinas'' or ''Konstitusyon ng Pilipinas'', Spanish: ''Constitución de la República de Filipinas'') is the constitution or the supreme law of the Republic of the Philippines ...

provides that: Supreme Court Justices are obliged to retire upon reaching the mandatory retirement age of 70. Some Justices have opted to retire before reaching the age of 70, such as Florentino Feliciano, who retired at 67 to accept appointment to the

Appellate Body The Appellate Body of the World Trade Organization (WTOAB) is a standing body of seven persons that hears appeals from reports issued by panels in disputes brought on by WTO members. The WTOAB can uphold, modify or reverse the legal findings an ...

of the

World Trade Organization The World Trade Organization (WTO) is an intergovernmental organization that regulates and facilitates international trade. With effective cooperation in the United Nations System, governments use the organization to establish, revise, and e ...

and

Alicia Austria-Martinez Maria Alicia Austria-Martinez (born Maria Alicia Austria; December 19, 1940) is a Filipino jurist who served as an Associate Justice of the Supreme Court of the Philippines from 2002 to 2009. She was appointed to the Court by President Gloria Maca ...

who retired at 68 due to health reasons. Since 1901,

Austria-Martinez was one of the first to opt for an early retirement from the service. In September 2008, Justice Martinez, citing health reasons, filed a letter with the Court through Chief Justice

Reynato Puno Reynato Puno y Serrano, KGCR (Filipino: ''Reynato Serrano Puno''; born May 17, 1940) is a Filipino jurist. He served as the 22nd Chief Justice of the Supreme Court of the Philippines from December 8, 2006 by President Gloria Macapagal Arroyo unt ...

, informing her colleagues of her intention to avail of early

retirement Retirement is the withdrawal from one's position or occupation or from one's active working life. A person may also semi-retire by reducing work hours or workload. Many people choose to retire when they are elderly or incapable of doing their j ...

effective April 30, 2009, or 15 months before her compulsory retirement on December 19, 2010. This was followed by Justice

Martin Villarama Jr. Martin S. Villarama Jr. (born April 14, 1946) is a Filipino lawyer who served as Associate Justice of the Supreme Court of the Philippines from November 3, 2009, to January 16, 2016. Prior to his appointment as Associate Justice of the Supreme Co ...

, who also retired prior to the age of 70 in January 2016 due to health reasons.

Seat

The Supreme Court currently meets at the Supreme Court Main Building along

, between the

and the

’s Rizal Hall. The Court first met in 1901 at the

Ayuntamiento de Manila The Ayuntamiento de Manila (Manila City Hall) is a building located at the corner of Andrés Soriano Avenue (formerly, ''Calle Aduana'') and Cabildo Street, fronting Plaza de Roma in Intramuros, Manila, Philippines. Also known as the Casas Consi ...

Plaza Roma Plaza de Roma, also known as Plaza Roma, is one of three major public squares in Intramuros, Manila. It is bounded by Andres Soriano Avenue (formerly Calle Aduana) to the north, Cabildo Street to the east, Santo Tomas Street to the south, and Gen ...

Intramuros Intramuros (Latin for "inside the walls") is the historic walled area within the city of Manila, the capital of the Philippines. It is administered by the Intramuros Administration with the help of the city government of Manila. Present-day I ...

with the Salas De Sessiones serving as the Session Hall. The Court eventually transferred to the

Old Legislative Building The National Museum of Fine Arts ( fil, Pambansang Museo ng Sining), formerly known as the National Art Gallery, is an art museum in Manila, Philippines. It is located on Padre Burgos Avenue across from the National Museum of Anthropology in the ...

together with

Philippine Legislature The Philippine Legislature was the legislature of the Philippines from 1907 to 1935, during the American colonial period, and predecessor of the current Congress of the Philippines. It was bicameral and the legislative branch of the Insular G ...

in 1941 under Chief Justice

José P. Laurel José Paciano Laurel y García (; March 9, 1891 – November 6, 1959) was a Filipino politician, lawyer, and judge, who served as the president of the Japanese-occupied Second Philippine Republic, a puppet state during World War II, from 1943 ...

. During

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

, the Court temporarily transferred to Mabini Hall of the

Malacañang Palace Malacañang Palace ( fil, Palasyo ng Malakanyang, ; es, Palacio de Malacañán), officially known as Malacañan Palace, is the official residence and principal workplace of the president of the Philippines. It is located in the Manila distric ...

due to the destruction of the Old Legislative Building and the Ayuntamiento. In 1951, the Court transferred back to what is now the Court’s Old Building, originally built to house of School of Fine Arts and Conservatory of Music of the University of the Philippines. The façade of this building displays the busts of the first nine Chief Justices of the Supreme Court and the statues of

Lady Justice Lady Justice ( la, Iustitia) is an allegorical personification of the moral force in judicial systems. Her attributes are scales, a sword and sometimes a blindfold. She often appears as a pair with Prudentia. Lady Justice originates from the ...

and

Moses Moses hbo, מֹשֶׁה, Mōše; also known as Moshe or Moshe Rabbeinu (Mishnaic Hebrew: מֹשֶׁה רַבֵּינוּ, ); syr, ܡܘܫܐ, Mūše; ar, موسى, Mūsā; grc, Mωϋσῆς, Mōÿsēs () is considered the most important pro ...

at its entrance. The Court transferred to its current address in 1991, after the Department of Foreign Affairs, which previously occupied the edifice, transferred to

Roxas Boulevard Roxas Boulevard is a popular waterfront promenade in Metro Manila in the Philippines. The boulevard, which runs along the shores of Manila Bay, is well known for its sunsets and stretch of coconut trees. The divided roadway has become a tradema ...

Pasay City Pasay, officially the City of Pasay ( fil, Lungsod ng Pasay; ), is a 1st class highly urbanized city in the National Capital Region of the Philippines. According to the 2020 census, it has a population of 440,656 people. Due to its location jus ...

. The current main building of the Supreme Court was designed by the Filipino architect Antonio Toledo in accordance to the 1905 Burnham Plan of Manila. The four pillars at the façade of the Supreme Court represent the four levels of the hierarchy of the judiciary. The bronze statues of the seated figures of Chief Justices

Cayetano Arellano Cayetano Simplicio Arellano y Lonzón (March 2, 1847 – December 23, 1920) was the first Chief Justice of the Supreme Court of the Philippines under the American Civil Government. Cayetano Arellano had occupied a high position in Aguinaldo's go ...

and

guard each side of the entrance to the Court. Upon entering the building, the main lobby features the logo of the Court in the middle. To the right is the Dignitaries' Lounge and to the left is the Division Hearing Room. The second floor houses the portrait gallery of chief justices and the session hall. Since 1948, The Supreme Court has held its summer sessions in

Baguio Baguio ( , ), officially the City of Baguio ( ilo, Siudad ti Baguio; fil, Lungsod ng Baguio), is a 1st class highly urbanized city in the Cordillera Administrative Region, Philippines. It is known as the "Summer Capital of the Philippines", ...

during the whole month of April. The Court is currently in the planning process for its eventual transfer to its new and permanent site.

Language

Since the courts' creation, English had been used in court proceedings. But for the first time in Philippine judicial history on August 22, 2007, three

Malolos City Malolos, officially the City of Malolos ( fil, Lungsod ng Malolos), is a 1st class component city and capital of the province of Bulacan, Philippines. According to the 2020 census, it has a population of 261,189 people. It is the capital city ...

regional trial courts in

Bulacan Bulacan, officially the Province of Bulacan ( tl, Lalawigan ng Bulacan), is a province in the Philippines located in the Central Luzon region. Its capital is the city of Malolos. Bulacan was established on August 15, 1578, and part of the Metr ...

announced that will use only

Filipino Filipino may refer to: * Something from or related to the Philippines ** Filipino language, standardized variety of 'Tagalog', the national language and one of the official languages of the Philippines. ** Filipinos, people who are citizens of th ...

in court proceedings to promote the national language. Twelve

stenographers Shorthand is an abbreviated symbolic writing method that increases speed and brevity of writing as compared to longhand, a more common method of writing a language. The process of writing in shorthand is called stenography, from the Greek ''ste ...

from Branches 6, 80 and 81, as model courts, had undergone training at Marcelo H. del Pilar College of Law of

Bulacan State University Bulacan State University (BulSU or BSU; fil, Pamantasang Pampamahalaan ng Bulacan) is a public university in Bulacan province, Philippines. Its main campus is in Malolos. BulSU or BSU originated as a secondary school in 1904 ran by the Americ ...

College of Law following a directive from the Supreme Court of the Philippines. Chief Justice

envisioned to implement the policy in other areas such as Laguna,

Cavite Cavite, officially the Province of Cavite ( tl, Lalawigan ng Kabite; Chavacano: ''Provincia de Cavite''), is a province in the Philippines located in the Calabarzon region in Luzon. Located on the southern shores of Manila Bay and southwest ...

Quezon Quezon, officially the Province of Quezon ( tl, Lalawigan ng Quezon), is a Provinces of the Philippines, province in the Philippines located in the Calabarzon Regions of the Philippines, region on Luzon. Kalilayan was the first known name of th ...

Nueva Ecija Nueva Ecija, officially the Province of Nueva Ecija ( tgl, Lalawigan ng Nueva Ecija , also ; ilo, Probinsia ti Nueva Ecija; pag, Luyag/Probinsia na Nueva Ecija; Kapampangan: ''Lalawigan/Probinsia ning Nueva Ecija''), is a landlocked province i ...

Batangas Batangas, officially the Province of Batangas ( tl, Lalawigan ng Batangas ), is a province in the Philippines located in the Calabarzon region on Luzon. Its capital is the city of Batangas, and is bordered by the provinces of Cavite and La ...

Rizal Rizal, officially the Province of Rizal ( fil, Lalawigan ng Rizal), is a Provinces of the Philippines, province in the Philippines located in the Calabarzon region in Luzon. Its capital is the city of Antipolo. It is about east of Manila. The p ...

, and

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 capital region, seat of government and one of three List of metrop ...

Spanish Spanish might refer to: * Items from or related to Spain: **Spaniards are a nation and ethnic group indigenous to Spain **Spanish language, spoken in Spain and many Latin American countries **Spanish cuisine Other places * Spanish, Ontario, Can ...

has also been used in court proceedings, particularly in the years prior to Philippine independence, with a number of cases having decisions written in the language. Although Spanish is no longer used in the court system, the language has influenced existing Philippine legal terminology.

Session opening announcement

The wording of the session opening announcement, below, is similar to that used by the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

. However, several key passages from the U.S. Supreme Court are omitted, including "are admonished to draw near and give their attention" and "God save (name of country) and this Honorable Court." The prewar Philippine Supreme Court tried to inject these passages, but were prohibited from doing so by the American colonial government in Manila. Notable in the Philippine version of the chant is the use of the more familiar term "

hear ye Hearing, or auditory perception, is the ability to perceive sounds through an organ, such as an ear, by detecting vibrations as periodic changes in the pressure of a surrounding medium. The academic field concerned with hearing is audito ...

" over the archaic

Law French Law French ( nrf, Louai Français, enm, Lawe Frensch) is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, be ...

term

oyez Oyez (, , ; more rarely with the word stress at the beginning) is a traditional interjection said two or three times in succession to introduce the opening of a court of law. The interjection is also traditionally used by town criers to attract t ...

The honorable, the Chief Justice and the Associate Justices of the Supreme Court of the Philippines. Hear ye, hear ye, hear ye! All persons having business before the honorable Supreme Court of the Philippines shall give their attention, for the Court is now in session.

After the announcement, the Chief Justice bangs the

gavel A gavel is a small ceremonial mallet commonly made of hardwood, typically fashioned with a handle. It can be used to call for attention or to punctuate rulings and proclamations and is a symbol of the authority and right to act officially in the ...

, and typically, first calls the

clerk of court A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witn ...

, who describes the first case on the calendar and calls the attorneys who will be making oral arguments to speak.Oral argument in ''

Disini v. Secretary of Justice ''Disini v. Secretary of Justice'' (G.R. Nos. 203335, ''et al''.) is a landmark ruling of the Supreme Court of the Philippines handed down on February 18, 2014. When the Congress of the Philippines passed the Cybercrime Prevention Act of 2012 t ...

''

/ref>

Powers and jurisdiction

Flag of the Supreme Court of the Philippines

Adjudicatory powers

The powers of the Supreme Court are defined in Article VIII of the Constitution of the Philippines, 1987 Constitution. These functions may be generally divided into two— judicial functions and administrative functions. The administrative functions of the Court pertain to the supervision and control over the Philippine judiciary and its employees, as well as over members of the Philippine bar. Pursuant to these functions, the Court is empowered to order a change of venue of trial in order to avoid a miscarriage of justice and to appoint all officials and employees of the judiciary. The Court is further authorized to promulgate the rules for admission to the practice of law, for legal assistance to the underprivileged, and the procedural rules to be observed in all courts. The more prominent role of the Court is located in the exercise of its judicial functions. Section 1 of Article VIII contains definition of judicial power that had not been found in previous constitutions. The judicial power is vested in "one Supreme Court and in such lower courts as may be established by law." This judicial power is exercised through the judiciary's primary role of adjudication, which includes the "duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government." The definition reaffirms the power of the Supreme Court to engage in

judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...

, a power that had traditionally belonged to the Court even before this provision was enacted. Still, this new provision effectively dissuades from the easy resort to the

doctrine as a means of declining to review a law or state action, as was often done by the Court during the rule of

. As a result, the existence of "grave abuse of discretion" on the part of any branch or instrumentality of the government is sufficient basis to nullify state action.

Original jurisdiction

The other mode by which a case reaches the Supreme Court is through an original petition filed directly with the Supreme Court, in cases that the

establishes "original jurisdiction" with the Supreme Court. Under Section 5(1), Article VIII of the Constitution, they are "cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus." Resort to ''

certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...

'',

prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...

and ''

mandamus (; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from ...

'' may be availed of only if "there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law." However, notwithstanding the grant of original jurisdiction, the Court has, through the years, assigned to lower courts such as 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 t ...

the power to hear 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 ...

. As a result, the Court has considerable discretion to refuse to hear these petitions filed directly before it on the ground that such should have been filed instead with the Court of Appeals or the appropriate lower court. Nonetheless, cases that have attracted wide public interest or for which a speedy resolution is of the essence have been accepted for decision by the Supreme Court without hesitation. In cases involving the original jurisdiction of the Court, there must be a finding of "grave abuse of discretion" on the part of the respondents to the suit to justify favorable action on the petition. The standard of "grave abuse of discretion", a markedly higher standard than "error of law", has been defined as "a capricious and whimsical exercise of judgment amounting to lack of jurisdiction."

Appellate review

Far and away the most common mode by which a case reaches the Supreme Court is through an

appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...

from a decision rendered by a lower court. Appealed cases generally originate from

lawsuits - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil actio ...

or criminal indictments filed and tried before the trial courts. These decisions of the trial courts may then be elevated on appeal to the

, or more rarely, directly to the Supreme Court if only “questions of law” are involved. Apart from decisions of the Court of Appeals, the Supreme Court may also directly review on appeal decisions rendered by 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 officer ...

and the

Court of Tax Appeals The Court of Tax Appeals ( fil, Hukuman ng Apelasyon sa Buwis) is the special court of limited jurisdiction, and has the same level with the Court of Appeals. The court consists of 8 Associate Justices and 1 Presiding Justice. The Court of Tax ...

. Decisions rendered by administrative agencies are not directly appealable to the Supreme Court, they must be first challenged before the Court of Appeals. However, decisions of the

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 ...

may be elevated directly for review to the Supreme Court, although the procedure is not, strictly speaking, in the nature of an appeal. Review on appeal is not as a matter of right, but "of sound judicial discretion and will be granted only when there are special and important reasons therefor". In the exercise of appellate review, the Supreme Court may reverse the decision of lower courts upon a finding of an "error of law". The Court generally declines to engage in review the findings of fact made by the lower courts, although there are notable exceptions to this rule. The Court also refuses to entertain cases originally filed before it that should have been filed first with the trial courts.

Rule-making power

The Supreme Court has the exclusive power to 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. Any such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of 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. (Art. VIII, §54(5))

Writs of ''amparo'' and ''habeas data''

The Supreme Court approved the Writ of Amparo on September 25, 2007. The writ of amparo (Spanish for protection) strips the military of the defense of simple denial. Under the writ, families of victims have the right to access information on their cases—a constitutional right called the "''habeas data''" common in several Latin American countries. The rule is enforced retroactively. Chief Justice Puno stated that "If you have this right, it would be very, very difficult for State agents, State authorities to be able to escape from their culpability." The Resolution and the Rule on the Writ of Amparo gave

legal Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

birth to Puno's brainchild. No filing or

legal fees Attorney's fee is a chiefly United States term for compensation for legal services performed by an attorney ( lawyer or law firm) for a client, in or out of court. It may be an hourly, flat-rate or contingent fee. Recent studies suggest that when ...

is required for Amparo which took effect on October 24, 2007. Puno also stated that the court will soon issue rules on the writ of

habeas data ''Habeas data'' is a writ and constitutional remedy available in certain nations. The literal translation from Latin of ''habeas data'' is “ e commandyou have the data,” or "you he data subjecthave the data." The remedy varies from country t ...

and the implementing guidelines for

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 ...

. The petition for the writ of amparo may be filed "''on any day and at any time''" with the Regional Trial Court, or with the

, the Court of Appeals, and the Supreme Court. The interim reliefs under amparo are: temporary protection order (TPO), inspection order (IO), production order (PO), and witness protection order (WPO, RA 6981). The

Asian Human Rights Commission The Asian Human Rights Commission (AHRC) is an independent, non-governmental body that promotes human rights in Asia and mobilizes Asian and international public opinion to obtain relief and redress for the victims of human rights violations. I ...

said that amparo and habeas data need to be complemented by laws to further protect human rights, since the writs in themselves are not enough to address torture,

enforced disappearance An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organiza ...

, and extrajudicial killings, and do not include protection for non-witnesses. On August 30, 2007, Puno vowed to institute the ''writ of habeas data'' as a new legal remedy to the

extrajudicial killing An extrajudicial killing (also known as extrajudicial execution or extralegal killing) is the deliberate killing of a person without the lawful authority granted by a judicial proceeding. It typically refers to government authorities, whether ...

s and enforced disappearances. Puno explained that the ''writ of amparo'' denies to authorities defense of simple denial, and ''habeas data'' can find out what information is held by the officer, rectify or even the destroy erroneous data gathered. On January 22, 2008, the Supreme Court en banc approved the rules for the writ of habeas data ("to protect a person’s right to privacy and allow a person to control any information concerning them"), effective on February 2, the Philippines’ Constitution Day.

Divisions

The Court is authorized to sit either ''

en banc In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller ...

'' or in divisions of three, five or seven members. Since 1987, the Court has divided itself into 3 divisions with 5 members each. A majority of the cases are heard and decided by the divisions, rather than the Court ''en banc''. However, the Constitution requires that the Court hear ''en banc'' " l cases involving the constitutionality of a treaty, international or executive agreement, as well as "those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations". The Court ''en banc'' also decides cases originally heard by a division when a majority vote cannot be reached within the division. The Court also has the discretion to hear a case ''en banc'' even if no constitutional issue is involved, as it typically does if the decision would reverse precedent or presents novel or important questions. Formerly under the 1935, 1973 and the 1986 Freedom Constitutions, the Court is authorized only to sit either ''en banc'' or in divisions of two. On February 24, 2022,

Alexander Gesmundo Alexander Gahon Gesmundo (born November 6, 1956) is serving as the chief justice of the Philippines since April 5, 2021. He replaced Diosdado Peralta, who retired early on March 27, 2021. He previously served as an associate justice of the Supre ...

, the Chief Justice issued Special Order No. 2871 reorganised the Divisions of the Supreme Court, this was published on the same day and took effect immediately, With him as the Chairman of the First Division, and Associate Justice Hernando as its working chair, the other chairmanships were given to Senior Associate Justice Leonen (2nd Division) and Caguioa (3rd Division), this reorganization came immediately after the appointment of Justice

Singh Singh (Help:IPA, IPA: ) is a title, middle name or surname that means "lion" in various South Asian and Southeast Asian communities. Traditionally used by the Hindu Kshatriya community, it eventually became a common surname adopted by different ...

on May 18, 2022.

Membership

Current justices

The Supreme Court consists of a chief justice and fourteen associate justices. Among the current members of the Court,

Marvic Leonen Marvic Mario Victor Famorca Leonen (born December 29, 1962) is the Senior associate justice of the Supreme Court of the Philippines since May 14, 2022 upon the retirement of Senior Associate Justice Estela Perlas-Bernabe. He became an associate ...

is the longest-serving justice, with a tenure of days () as of ; the most recent justice to enter the court is

Maria Filomena Singh Maria Filomena Dumandan Singh (born June 25, 1966) is a Filipino judge who serves as associate justice of the Supreme Court of the Philippines since 2022. Early life and education Singh was born on June 25, 1966. She graduated from the Univers ...

whose tenure began on .

Public perception

Judicial corruption

On January 25, 2005, and on December 10, 2006,

Social Weather Stations The Social Weather Stations or SWS is a social research institution in the Philippines founded in August 1985. It is a private, non-stock, nonprofit institution. It is the foremost public-opinion polling body in the Philippines. As an independent ...

released the results of its two surveys on corruption in the

judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...

; it published that: a) like 1995, 1/4 of

lawyers A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, ...

said many/very many

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

s are corrupt. But (49%) stated that judges received bribes, just 8% of lawyers admitted they reported the

bribery Bribery is the Offer and acceptance, offering, Gift, giving, Offer and acceptance, receiving, or Solicitation, soliciting of any item of value to influence the actions of an official, or other person, in charge of a public or legal duty. With reg ...

, because they could not prove it. ables 8–9 judges, however, said, just 7% call many/very many judges as corrupt ables 10–11b) "Judges see some corruption; proportions who said – many/very many corrupt judges or justices: 17% in reference to RTC judges, 14% to MTC judges, 12% to Court of Appeals justices, 4% i to Shari'a Court judges, 4% to

justices and 2% in reference to Supreme Court justices able 15 The September 14, 2008, Political and Economic Risk Consultancy ( PERC) survey, ranked the

6th (6.10) among corrupt Asian judicial systems. PERC stated that "despite India and the Philippines being democracies, expatriates did not look favourably on their judicial systems because of corruption." PERC reported

Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...

and

Singapore Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borde ...

have the best judicial systems in

Asia Asia (, ) is one of the world's most notable geographical regions, which is either considered a continent in its own right or a subcontinent of Eurasia, which shares the continental landmass of Afro-Eurasia with Africa. Asia covers an area ...

, with Indonesia and Vietnam the worst: Hong Kong's judicial system scored 1.45 on the scale (zero representing the best performance and 10 the worst); Singapore with a grade of 1.92, followed by Japan (3.50), South Korea (4.62), Taiwan (4.93), the

(6.10), Malaysia (6.47), India (6.50), Thailand (7.00), China (7.25), Vietnam's (8.10) and Indonesia (8.26).< In 2014,

Transparency International Transparency International e.V. (TI) is a German registered association founded in 1993 by former employees of the World Bank. Based in Berlin, its nonprofit and non-governmental purpose is to take action to combat global corruption with civil ...

Corruption Perceptions Index (global

survey Survey may refer to: Statistics and human research * Statistical survey, a method for collecting quantitative information about items in a population * Survey (human research), including opinion polls Spatial measurement * Surveying, the techniq ...

ranking countries in terms of perceived corruption), the Philippines ranked 85th out of 175 countries surveyed, an improvement from placing 94th in 2013. It scored 38 on a scale of 1 to 100 in the Corruption Perceptions Index (CPI). The Philippines jumped nine places in the recently published

World Justice Project The World Justice Project (WJP) is an international civil society organization with the stated mission of "working to advance the rule of law around the world". It produces the World Justice Project Rule of Law Index, a quantitative assessment t ...

(WJP) Rule of Law Index 2015, making it one of the most improved countries in terms of global rankings. It ranked 51st out of 102 countries on the ROLI, a significant jump from last year when the country ranked 60th out of 99 countries. This makes the Philippines the most improved among ASEAN member nations. "Results showed that the country ranked high in terms of constraints on government powers (39th); absence of corruption (47th), and open government (50th)." "The Philippines, however, fell to the bottom half of the global rankings in terms of regulatory enforcement (52nd); order and security (58th); criminal justice (66th); fundamental rights (67th), and civil justice (75th)."

''Bantay Korte Suprema''

"Watch the Supreme Court"

coalition A coalition is a group formed when two or more people or groups temporarily work together to achieve a common goal. The term is most frequently used to denote a formation of power in political or economical spaces. Formation According to ''A Gui ...

was launched at the Training Center, Ground Floor, Supreme Court Centennial Bldg on November 17, 2008, "to ensure the fair and honest selection of the 7 Associate Justices of the Supreme Court on 2009." Members of “Bantay Korte Suprema” include retired Philippine presidents, retired Supreme Court justices, legislators, legal practitioners, the academe, the business community and the media. former Senate President

Jovito Salonga Jovito "Jovy" Reyes Salonga, KGCR (; June 22, 1920 – March 10, 2016) was a Filipino politician and lawyer, as well as a leading opposition leader during the regime of Ferdinand Marcos from the declaration of martial law in 1972 until the P ...

, UP Law Dean

, Senate Majority Leader and

member

Kiko Pangilinan Francis Pancratius "Kiko" Nepomuceno Pangilinan (; born August 24, 1963) is a Filipino lawyer, politician, and farm owner who served as a Senator from 2001 to 2013 and from 2016 to 2022. He was the Senate Majority Leader from 2004 to 2008. A ...

, the

Philippine Bar Association The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...

Artemio Panganiban Artemio Villaseñor Panganiban Jr. (born December 7, 1936) is a Filipino jurist. He served as the 21st Supreme Court Chief Justice of the Philippines from 2005 to 2006. Early life and education Panganiban was born on December 7, 1936, in Mani ...

, and Rodolfo Urbiztondo, of the 48,000-strong

Integrated Bar of the Philippines The Integrated Bar of the Philippines ( fil, Pinagsamang mga Abogasya ng Pilipinas abbreviated as IBP) is the national organization of lawyers in the Philippines. It is the mandatory bar association for Filipino lawyers. History The IBP was establ ...

(IBP), and the chambers of commerce, witnessed the landmark event. BKS will neither select nor endorse a candidate, “but if it receive information that makes a candidate incompetent, it will divulge this to the public and inform the JBC." At the BKS launching, the memorandum of understanding (MOU) on the public monitoring of the selection of justices to the SC was signed. Meanwhile, the Supreme Court Appointments Watch (SCAW) coalition of law groups and civil society to monitor the appointment of persons to judicial positions was also re-launched. The SCAW

consortium A consortium (plural: consortia) is an association of two or more individuals, companies, organizations or governments (or any combination of these entities) with the objective of participating in a common activity or pooling their resources for ...

, composed of the Alternative Law Groups,

Libertas Libertas (Latin for 'liberty' or 'freedom', ) is the Roman goddess and personification of liberty. She became a politicised figure in the Late Republic, featured on coins supporting the populares faction, and later those of the assassins of Jul ...

, Philippine Association of law Schools and the Transparency and Accountability Network, together with the online news magazine ''

Newsbreak News broadcasting is the medium of broadcasting various news events and other information via television, radio, or the internet in the field of broadcast journalism. The content is usually either produced locally in a radio studio or televis ...

'', reactivated itself for the JBC selection process of candidates.balita.ph, Bantay Korte Suprema launched
/ref>

Landmark decisions

The following are select landmark decisions decided by the Supreme Court since 1901: * ''

Falcis III v. Civil Registrar-General ''Falcis III v. Civil Registrar-General'' (G.R. No. 217910) was a case which arose out of a petition filed by Filipino lawyer Jesus Falcis III before the Supreme Court of the Philippines. The Court promulgated its ruling on September 3, 2019. Th ...

'' (2019), petition to recognize same-sex marriage in the Philippines * ''

Republic v. Sereno The ''quo warranto'' petition against Maria Lourdes Sereno, filed before the Supreme Court of the Philippines, led to the landmark case ''Republic v. Sereno''Sometimes also titled ''Republic of the Philippines v. Maria Lourdes Sereno.'' (G. R. ...

'' (2018), removal of an impeachable official via ''quo warranto'' petition. * '' Lagman et al. v. Senate President Pimentel et. al.'' (2017), validity of second extension of the proclamation of martial law in the entire Mindanao for one year. * '' Knights of Rizal v. DMCI'' (2017), suspension of the construction, and ultimate demolition of the condominium building for violating National Cultural Heritage Act. * '' Saturnino C. Ocampo, et al. v. Rear Admiral Ernesto C. Enriquez, et al'' (2016), Constitutional validity of interment of the remains of President Ferdinand Marcos to the Libingan ng mga Bayani. * '' David v. Poe'' (2015), eligibility of a foundling for public office. * ''

'' (2012), validity of the

Cybercrime Prevention Act of 2012 The Cybercrime Prevention Act of 2012, officially recorded as Republic Act No. 10175, is a law in the Philippines that was approved on September 12, 2012. It aims to address legal issues concerning online interactions and the Internet in the Phi ...

* '' League of Cities of the Philippines v. COMELEC'' (2011), validity of the cityhood laws of sixteen municipalities. * '' Biraogo v. Philippine Truth Commission'' (2010), validity of the creation of the Truth Commission. * '' Quinto v. COMELEC'' (2009), incumbent appointive executive officials to stay in office after filing their certificates of candidacy for election to an elective officials. * '' Sema v. COMELEC and Dilangalen'' (2008), power of the autonomous region to create provinces and cities. * '' Neri v. Senate'' (2008), validity of extension of executive privilege to cabinet officials. * '' Re: Letter of Presiding Justice Conrado M. Vasquez Jr. on CA-G.R. SP NO. 103692'' (2008), Irregularities and improprieties committed by the C.A. Justices in connection with the Meralco case. * ''

Oposa v. Factoran ''Oposa v. Factoran'', G.R. No. 101083, 224 S.C.R.A. 792 (1993), alternatively titled ''Minors Oposa v. Factoran'' or ''Minors Oposa'', is a landmark decision of the Supreme Court of the Philippines recognizing the doctrine of intergenerationa ...

'' (1993), doctrine of intergenerational responsibility on the environment in the Philippine legal system. * '' Javellana v. Executive Secretary'' (1974), ratification of the 1973 Constitution. * '' People v. Hernandez'' (1956), rebellion is charged as a single offense rather than complex crime. * '' Krivenko v. Register of Deeds'' (1947), prohibition of foreign acquisition of private or public agricultural lands, including residential lands.

Notes

References

External links

Philippines: Gov.Ph: About the Philippines
– Judiciary
The Supreme Court of the Philippines
– Official website {{Asia topic, Supreme Court of, title=Supreme Courts of Asia, countries_only=yes Government of the Philippines

Courts in the Philippines 1901 establishments in the Philippines Courts and tribunals established in 1901