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Introduction
Judicial power rests with the Supreme Court and the lower courts, as established by law (Art. VIII, sec. 1 of the 1987 Constitution). Its duty is to settle actual controversies involving rights which are legally demandable and enforceable (Art. VIII Sec. 1 (2)). The judiciary enjoys fiscal autonomy. Its appropriation may not be reduced by the Legislature below the appropriated amount the previous year (Art. VIII, sec. 2).
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courts, publishes important ones in newspapers of general circulation, prints them in book or pamphlet form and now uploads them to the Supreme Court website and the Supreme Court E-Library website. On June 21, 1988, The Supreme Court promulgated the Code of Professional Responsibility for the legal profession. The draft was prepared by the Committee on Responsibility, Discipline and Disbarment of the Integrated Bar of the Philippines.
Katarungang Pambarangay
Presidential Decree No. 1508, or the Katarungang Pambarangay Law, took effect on December 11, 1978, and established a system of amicably settling disputes at the barangay level. This decree and the Local Government Code provided Rules and procedures, Title I, Chapter 7, sec. 339-422). This system of amicable settlement of dispute aims to promote the speedy administration of justice by easing the congestion of court dockets. The Court does not take cognizance of cases filed if they are not filed first with the Katarungang Pambarangay.
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History of the Supreme Court
Royal Audencia The Royal Audencia was established on May 5, 1583, composed of a president, four oidores (justices) and a fiscal. The Audencia exercised both administrative and judicial functions. Its functions and structure were modified in 1815 when a chief justice replaced its president and the number of justices was increased. It came to be known as the Audencia Territorial de Manila with two branches, civil and criminal. A Royal Decree issued on July 24, 1861 converted it to a purely judicial body with its decisions appealable to the Court of Spain in Madrid. A territorial Audencia in Cebu and Audencia for criminal cases in Vigan were organized on February 26, 1898. Revolution and First Republic In the three phases of the Revolution: 1896-97; 1898; 1899-1901, the exigencies of war prevented the thorough organization of the administration of justice. Katipunan councils, then the provisional governments of Tejeros, Biak-na-Bato, and the Revolutionary Republic proclaimed in Kawit, essentially had General Emilio Aguinaldo exercising decree-making powers instituting ad hoc courts and reviewing any appeals concerning their decisions. In 1899, when the Malolos Constitution was ratified, it provided for a Supreme Court of Justice. President Aguinaldo proposed the appointment of Apolinario Mabini as Chief Justice but the appointment and the convening of the Supreme Court of Justice never materialized because of the Philippine-American War. American Military Rule During the Philippine-American War, General Wesley Merrit suspended the Audencias when a military government was established after Manila fell to American forces in August, 1898. Major General Elwell S. Otis re-established the Audencia on May 29, 1899 by virtue of General Order No. 20, which provided for six Filipino members of the Audencia. Establishment of the Supreme Court With the establishment of Civil Government, Act No. 136 of the Philippine Commission abolished the Audencia and established the present Supreme Court on June 11, 1901 with Cayetano Arellano as the first Chief Justice together with associate justices, the majority of whom were American. Commonwealth: Filipinization of the Supreme Court With the ratification of the 1935 Constitution, the membership was increased to 11 with two divisions of five members each. The Supreme Court was Filipinized upon the inauguration of the Commonwealth of the Philippines in November 15, 1935. The composition of the Court was lessened by virtue of Commonwealth Act No. 3. It provided for a Supreme Court, headed by a Chief Justice with six Associate Justices. World War II and the Third Republic During World War II, the National Assembly passed legislation granting Emergency Powers to President Manuel L. Quezon; Chief Justice Jose Abad Santos was made concurrent Secretary of Justice and Acting President of the Philippines in unoccupied areas. After his capture and execution at the hands of the Japanese, the Commonwealth government-in-exile had no system of courts. Meanwhile, the Japanese organized the Philippine Executive Commission in In occupied areas on January 8, 1942, which gave way to the Second Republic in October 14, 1943. By the end of World War II, the regular function of the courts had been restored, beginning with the appointment of a new Supreme Court on June 6, 1945. On September 17, 1945, the laws of the Second Republic were declared null and void; a Supreme Court decision on Co Kim Cham v. Eusebio Valdez Tan Keh and Arsenio P. Dizon recognized this. Martial Law The Supreme Court was retained during the martial law years under rules similar to the 1935 Constitution, but with the exception few key factors, e.g.: 1. The 1973 Constitution further increased the membership of the Supreme Court to 15, with two divisions; 2. The process by which a Chief Justice and Associate Justices are appointed was changed under to grant the President (then, President Ferdinand Marcos) the sole authority to appoint members of the Supreme Court. There were five Chief Justices that were appointed under this provision.
Court En Bans dated October 24, 1996). Its principal function is the supervision and administration of the lower courts throughout the Philippines and all their personnel. It reports and recommends to the Supreme Court all actions that affect the lower court management. The OCA is headed by the Court Administrator, three Deputy Court Administrators, and three Assistant Court Administrators. According to the 1987 Constitution, Art. VIII, sec. 5, The Supreme Court exercises the following powers: 1. Exercise jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. 2. Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of the lower courts in: All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question; All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto; All cases in which the jurisdiction of any lower court is in issue; All criminal cases in which the penalty imposed is reclusion perpetua or higher; All cases in which only an error or question of law is involved; 3. Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignments shall not exceed six months without the consent of the judge concerned. 4. Order a change of venue or place of trial to avoid a miscarriage of justice. 5. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts; the admission to the practice of law, the Integrated Bar; and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts the same grade, and shall not diminish, increase or modify substantive rights. Rules of procedure of special courts and quasijudicial bodies shall remain effective unless disapproved by the Supreme Court. 6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law (Sec. 5 , id.). The Supreme Court has adopted and promulgated the Rules of Court for the protection and enforcement of constitutional rights, pleadings and practice and procedure in all courts, and the admission in the practice of law. Amendments are promulgated through the Committee on Revision of Rules. The Court also issues administrative rules and regulations in the form of court issuances posted on the Supreme Court E-Library website.
The incumbent
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Ma. Lourdes P. A. Sereno Tenure as Chief Justice: August 24, 2012 present Appointed by: Benigno S. Aquino III Age at Appointment: 52 Read her biography from on website of the Supreme Court (http://elibrary.judiciary.gov.ph/supremecourtjustices/chiefjustice/192) [/callout]
[vc_raw_html width="1/1" el_position="first last"] [/vc_raw_html] [vc_column width="1/1" el_position="first last"] [vc_column_text width="1/1" el_position="first last"] The position of Chief Justice was created in 1901 by virtue of the establishment of the Philippine Supreme Court. At the time, the Chief Justice was appointed by the President of the United States: the court was composed mainly of American citizens with a Filipino Chief Justice.
PHAgc3R5bGU9InRleHQtYWxpZ246IGNlbnRlcjsiPgoKPGlmcmFtZSBzdHlsZT0icGFkZGluZy1sZWZ0OiAyNXB4OyIgc3JjPSJodHRwOi8vYXBwLm1hbGFjYW5hbmcuZ292L
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The incumbent Chief Justice, Ma. Lourdes P.A. Sereno, appointed by President Benigno S. Aquino III, took her oath of office on August 25, 2012. She is the first w oman to hold the position.
There were six Chief Justices appointed by the President of the United States. In 1935, upon the inauguration of the Commonwealth of the Philippines, the power to appoint the Chief Justice was transferred to the President of the Philippines. According to the 1935 Constitution, the President of the Philippines shall make appointments with concurrence of the National Assembly. There have been six Chief Justices who were appointed under the 1935 Constitution. The only Chief Justice that was not appointed by a President was Chief Justice Jose Yulo, who was in office during the Japanese occupation, from 1942 until the liberation of the Philippines in 1945. During this time, the Chief Justice of the Supreme Court was appointed by the Philippine Executive Committee headed by Jorge B. Vargas. The 1943 Constitution provided for the members of the Supreme Court and the Chief Justice to be appointed by the President with the concurrence of his Cabinet. Upon the declaration of Martial Law and the subsequent establishment of the 1973 Constitution, the process of selection of the Chief Justice of the Philippines was changed. The power of Congress to veto an appointment by the President to the office of the Chief Justice was removed. According to the 1973 Constitution, The Members of the Supreme Court and judges of inferior courts shall be appointed by the President. There were five Chief Justices that were appointed under this provision. After the revolution of 1986, a new constitution was enacted and a new process of selecting a Chief Magistrate was created. Former Chief Justice and 1986 Constitutional Commission delegate Roberto V. Concepcion introduced the concept of the Judicial and Bar Council. The aim of the Council is to de-politicize the Judiciary by lessening the appointing power of the President. To read more about the appointment of Chief Justices, members of the Judiciary, and the Office of the Ombudsman, please click here (http://www.gov.ph/briefer-jbc/). To date, there have been nine Chief Justices appointed under the conditions of the 1986 Constitution.
Enrique M. Fernando Felix V. Makasiar Ramon C. Aquino 6. Corazon C. Aquino Claudio Teehankee Pedro L. Yap Marcelo B. Fernan Andres R. Narvasa 7. Joseph Ejercito Estrada Hilario G. Davide 8. Gloria Macapagal Arroyo Artemio Panganiban Reynato Puno Renato C. Corona 9. Benigno S. Aquino III Maria Lourdes P.A. Sereno
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