KORTE SUPREMA
SUPREME COURT-KATAAS TAASANG HUKUMAN NG PILIPINAS
Introduction:
Good evening, sir Alvin, and classmates. I’m Geenex Lu and my report will be about The
Supreme Court. My basis will be the Article 8 of the Philippine Constitution
OVERVIEW
This will be the overview of my report. I will be discussing the Composition, qualifications, the
JBC, appointment of judges, their salaries, tenure, removal and prohibition.
A. COMPOSITION
Sitting procedure– The Supreme Court may sit and hear cases en banc (as one body) or in
divisions of 3, 5, 7 members. It is now the Supreme Court that decides whether or not it will sit
in divisions. The quorum of the SC when sitting en banc is 8. Hence, the votes of 5 are sufficient
for rendering a decision on all cases required to be heard en banc provided they actually took
part in the deliberations on the issues in the case.
B. QUALIFICATIONS
Qualifications.
Congress may not alter the qualifications of Members of the Supreme Court and the
constitutional qualifications of other members of the Judiciary. But Congress may alter the
statutory qualifications of Judges and justices of lower courts.
Statutory qualifications for appointments (Rules of the JBC-009, sec 1)
A member of the Judiciary must be a person of proven competence, integrity, probity, and
independence”
CIPI
Competence
-JBC shall consider his educational preparation, experience, performance and other
accomplishments of the applicant.
Integrity.
-JBC shall take every possible step to verify the applicant’s record of and reputation for honesty,
integrity, incorruptibility, irreproachable conduct and fidelity to sound moral and ethical
standards.
Probity and Independence.
- Any evidence relevant to the candidate’s probity and independence such as, but not
limited to, decision he has rendered if he is an incumbent member of the judiciary or
reflective of the soundness of his judgement, courage, rectitude, cold neutrality and
strength of character shall be considered.
Slide 10.
The JBC’s primary task is to recommend appointees to the judiciary and the office of the
ombudsman for the president’s perusal. The council aims to enhance the quality of the search,
screening and selection process, as well as insulate the process from the undue influence of any
kind.
Slide 11.
Instead of leaving its creation to legislation, the Constitution itself creates the Council, providing
at the same time its composition, appointment of the members, their terms of office, their
emoluments, and their functions, to conduct the requisite background check or applicants for
position in the judiciary. Although it is not expressly mentioned by the Constitution as a
qualification, a member of the Council, like a member of the judiciary, must be a person of
proven competence, integrity, probity and independence.
Slide 12.
Process of appointing the Chief Justice and an Associate Justice.
1. Vacancy opens
- must be filled within 90 days by virtue of art 8 sec 4 of the constitution and rule 1 sec 1
of rules of jbc.
-As soon as a vacancy opens in the SC and the office of the ombudsman, the position is
open to applications.
2. JBC convenes
- the jbc convenes and prescribes specific dates for deadlines for the filing of
nominations and the form in which applications should be submitted.
They then send out a call for applicants or recommendations.
It must be noted that since the ratification of the 1987 constitution, every chief justice
left office by virtue of retirement at age 70 years old.
-In such cases wherein the retirement of a Chief justice is anticipated, the jbc convenes
months in advance to anticipate the upcoming retirement of justices and submits its list
before the date of retirement.
3. Applications/recommendations filed
- applicants may file applications themselves or be recommended by other persons.
- Applications must be filed personally or by registered mail sent to the secretariat of
the council.
-A recommended applicant must manifest acceptance either in the recommendation
paper itself or in a separate document.
-His/her acceptance must be filed before the deadline set by the council.
4. A list of applicants is published
- a long list of candidates shall be published in a Philippine newspaper or general
circulation and in a newspaper of local circulation in the province/city where the
vacancy is located.
-The long list shall contain an invitation to the public to inform the council, within
10days, of any complaint/derogatory information against the applicants.
-The council may choose to direct a discreet background check on the applicant or
require the nominee to comment in writing or during the interview.
5. Applicants are screened by the jbc.
– applicants shall be screened based on the qualifications set by the constitution as well
as specific qualifications set by the rules of jbc. They shall also be evaluated according to
the CIPI.
-In addition, the ff are disqualified from becoming nominees (jbc rule 4 sec 5)
- Pending criminal/administrative cases
- Pending criminal cases in foreign courts or tribunals
- Those who have been convicted in any criminal case/administrative case where the
penalty imposed is at least a fine of more than 10k unless he has been granted judicial
clemency
- Members of the judiciary facing administrative complaints under informal preliminary
investigation by the court administrator.
6. The jbc will prepare a short list of candidates they wish to interview.
- The council en banc or any authorized members of the council, shall interview the
candidates to: observe their personality, demeanor, deportment and physical condition;
assess their ability to express themselves, especially in the language of the law in court
trials/proceedings and in their decisions or ruling; test their mastery of the law and legal
principles; inquire into their philosophies, values, etc; determine their probity and
independence of mind; evaluate their readiness and commitment to assume and fulfill
the duties and responsibilities of judgeship.”
- Only the members of the jbc may ask questions during the interview.
- Although media accessibility will subject to the rules promulgated by the council, these
interviews shall be conducted in public.
- For this purpose, the schedule of interviews shall be published in local- and general-
circulation publications.
- The reports on the personal interviews, however, are declared strictly confidential
documents upon submission to the secretary of council and shall only be made available
to the members of the jbc.
7. The jbc votes on the list of nominees
- a list of candidates that passed the screening process is submitted to the members of
the jbc for their final voting and approval.
-The jbc shall again meet in executive session for the final deliberation.
-A majority of the members must approve of a candidate in order for his or her name to
be included in the final list of nominees that will be submitted to the president.
8. The president appoints someone from the list
- the president may appoint anyone included in the list of the jbc with no need of
confirmation by congress.
Slide 13.
For every vacancy, the jbc submits to the president a list of at least 3 names. The president may
not appoint anybody who is not in the list. if the president is not satisfied with the list, he may
ask for another list.
Why at least 3? The reason for requiring at least 3 nominees for every vacancy is to give the
president enough leeway in the exercise of his discretion when he makes his appointment.
Slide 14.
The prohibition of the diminution of the salary of justices and judges during their continuance in
office is intended as protection for the independence of the judiciary.
____________RECITATION_____________________
Slide 15.
Security of tenure is essential to an independent judiciary.
Slide 16 & 17
A supreme court justice cannot be charged in a criminal case or a disbarment proceeding,
because the ultimate effect of either is to remove him from office, and thus circumvent the
provision on removal by impeachment thus violating his security of tenure. (In Re: first
indorsement from hon. (Raul Gonzalez, AM no. 8845433)
RENATO CORONA, the 23rd chief justice of the supreme court of the Philippines, was impeached
on dec 12 2011. Corona was the third official, after pre. Joseph Estrada in 2000 and
ombudsman merceditas Gutierrez in march 2011 to be impeached by the house of
representatives.
- Removed and disqualified by the senate on may 29 2012
- Betrayal of public trust and/or culpable violation of the constitution
- Failed to disclose to the public his SALN
Slide 18.
The provision merely makes explicit an application of the principles of separation of powers.
Judicial power
- What are included in a judicial power? Judicial power includes the duty of the courts of
justice to settle actual controversies including rights which are legally demandable and
enforceable, and to determine whether or not the 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 words “ambassadors, other public ministers and consuls” include all possible diplomatic
agents which any foreign power may accredit to another state. They refer, therefore, to those
of a foreign country, and not those of the Philippines. The original jurisdiction conferred is
concurrent with that of RTC’s whose decisions may be appealed to the Supreme Court.
- As a rule, ambassadors and other public ministers are exempt from the jurisdiction of
tribunals of the country to which they are accredited. This is based on the principle of
international law that they are considered extensions of the sovereignty of the states
which they represent. A consul, however, is not entitled o the privileges and immunities
of an ambassador or minister and is subject to laws of the country to which he is
accredited. A consul then is not exempt from criminal prosecution.
PETITIONS
1. Certiorari – it is a writ issued from a superior court (Supreme Court, Court of Appels, or
RTC) requiring a lower court or a board, or officer exercising judicial functions to
transmit the records of a case to the superior court for purposes of review. It will lie
when such tribunal has acted without or in excess of its or his jurisdiction, or with grave
abuse of discretion, an appeal or any other remedy is not available to the aggrieved
party.
2. Prohibition – it is a writ by which a superior court commands a lower court or a
corporation, board or person acting without or in excess of its or his jurisdiction, or with
grave abuse of discretion, to desist from further proceedings in an action or matter. It
will lie only when no appeal or ay other remedy is available to the aggrieved party.
Prohibition is a negative remedy prohibiting the doing of a certain act.
3. Mandamus – it is an order issued by a superior court commanding a lower court or a
corporation, board, or person to perform a certain act which it is its or his duty to do.
Again, this writ will lie only when no other remedy in the ordinary course of law is
available. Mandamus is an affirmative remedy ordering a certain act to be done.
4. Quo warranto – it is an action by the government to recover an office or franchise from
an individual or corporation usurping or unlawfully holding it.
In addition, the Supreme Court exercises original and exclusive jurisdiction over all contests
relating to the election, returns and qualifications of the President and Vice President.
A. Question of law – e.g. constitutionality of a law; applicability of a law or provision of
law.
- Is that which involved no examination of the probative value of the evidence presented
by the parties or any of them in the lower court. Hence there is no dispute between the
parties as to facts of tha cse or the facts have already been determined by lower
tribunals. It is reviewed by the supreme court
Slide 32.
The lower courts have competence to decide constitutional questions- sec 5 2a provides that
supreme court has appellate jurisdiction over final judgements and orders all cases in which the
constitutionality or validity of any treaty, international or executive agreement, law,
presidential decree, proclamation, prder, instruction, ordinance or regulation is in question.
Slide 33.
Review of death penalty- sec 5 requires a mandatory review by the supreme court of cases
where the penalty imposed is reclusion perpetua, life imprisonment or death. However, the
constitution has not prescribed an intermediate review. To ensure utmost circumspection
before the penalty of death, reclusion perpetua or life imprisonment is imposed, the rule now is
that such cases must be reviewed by the supreme court.
Note that the rule for the review of decisions of lower courts imposing death or reclusion
perpetua or life imprisonment are not the same. In case the sentence is death, there is
automatic review by the court of appeals and ultimately by the supreme court. This is
mandatory and neither the accused nor the courts may waive the right of appeal. In case of the
sententce of reclusion perpetua or life imprisonment, although the supreme court has
jurisdiction to review them, the review is not mandatory. Therefore, review in these later cases
may be waived and appeal may be withdrawn.
In republic vs, sanndiganbayan 2002, it was held that the appellate jurisdiction of the supreme
court over decisions and final orders of the Sandiganbayan is limited to questons of law. A
question of law exists when the doubt or controversy concerns the correct application of law or
jurisprudence to a certain set of facts; or when the issue does not call for an examination of the
probative value of the evidence presented, the truth or falsehood of facts being admitted.
Sec 5(2) a and b explicitly grants judicial review in the supreme court.
1. Assignment temporary – may be made without his consent or even against his objection
unless it is for a period longer than 6 months in which case it must be with his consent.
This requirement of consent of the judge concerned accommodates the demand for
such detail when required by the exigencies of service (e.g. to relieve a clogged dockets
of court which is vacant) while at the same time protecting the right of a judge to
permanency at a station.
1. Assignment permanent – if the transfer is ermanent one, it can only be effected by the
consent of the judge concerned and by the extension of a new appointment by the
president. The reason is that a judge enjoys security of tenure and such is tantamount to
removal from one office and an appointment to a new office.
2. Assignment to the same regon – an rtc judge is appointed by region, he may be assigned
to any regional branch of the court in the city within the same region without the need
of his consent because thre whole region is his station.
Slide 37.
Change of venue or place of trial.
The power is deemed to be an incidental and inherent power of the court. (people v Gutierrez)
The supreme court can order a change of venue or place of trial whenever the imperative of a
fair and impartial trial or of preventing a miscarriage of justice so demands. This had been done
before in one case under the 1935 constitution where the complainants who were also the
prosecution witnesses in several criminal cases against the accused, a member of a family
known to be very powerful and influential in the place of trial, were reluctant to testify, it
appearing that they had reasons to fear that attempts would be made to silence them, and
there was no guarantee that such a possibility would not take place.
Rather than make the supreme court rely upon the general grant of judicial power, the present
constitution expressly invests the supreme court with the specific prerogative to transfer the
place of hearing in the interest of truth and justice
