WRITTEN REPORT IN PHILIPPINE POLITICS AND GOVERNANCE

Judiciary in the Philippine Setting

BLUE TEAM

12 HUMANITIES AND SOCIAL SCIENCES A

A. History of the Judiciary

An ancient system When you see a judge or magistrate sitting in court, you are actually looking at the result of
1,000 years of legal evolution. It’s doubtful that anyone asked to design a justice system would choose to copy
the English and Welsh model. It’s contradictory in places, and rather confusing. However, the judiciary is still
changing and evolving to meet the needs of our society, and despite its oddities it is widely regarded as one of
the best and most independent in the world.

A real ordeal

Justice for the Anglo-Saxons and even after the Norman invasion of 1066 was a combination of local and royal
government. Local courts were presided over by a lord or one of his stewards. The King’s court – the Curia
Regis – was, initially at least, presided over by the King himself. Today, going on trial in an English and Welsh
court is not exactly a comfortable experience. But it’s far better than trial by ordeal, used until almost the end of
the 12th century to determine guilt or innocence in criminal cases. Under this system, the accused would be
forced to pick up a red hot bar of iron, pluck a stone out of a cauldron of boiling water, or something equally
painful and dangerous. If their hand had begun to heal after three days they were considered to have God on
their side, thus proving their innocence. The number of ‘not guilty’ verdicts recorded by this system is not
known. Another, extremely popular ‘ordeal’ involved water; the accused would be tied up and thrown into a
lake or other body of water. If innocent, he or she would sink

Seeds of change

In 1166, Henry issued a Declaration at the Assize of Clarendon (an assize was an early form of the King´s
Council; the term later became the name for a sitting of a court). The Assize of Clarendon ordered the
remaining non-King’s Bench judges to travel the country – which was divided into different circuits – deciding
cases. To do this, they would use the laws made by the judges in Westminster, a change that meant many
local customs were replaced by new national laws. These national laws applied to everyone and so were
common to all. Even today, we know them as the ‘common law’. The first professional judges and magistrates
Martin de Pateshull, Archdeacon of Norfolk and Dean of St Paul’s, became a Justice of the bench in 1217. By
the time he died in 1229 he was known as one of the finest lawyers in England; even 60 years after his death,
his judgments were being searched for precedents. Like Martin, many judges of this era were members of the
clergy – although this did not necessarily mean they were parish priests, performing services, weddings and
christenings. In an era when the church was rich and the King poor, joining the clergy was often just seen as a
sensible means of support.

Growth of independence

During this era bribes and payments were common, but even so, in the middle of the 13th century the judiciary
was openly accused of corruption. In 1346, judges were obliged to swear that “they would in no way accept gift
or reward from any party in litigation before them or give advice to any man, great or small, in any action to
which the King was a party himself”. The first magistrates’ courts Meanwhile, a new type of court began to
evolve – that which we now recognise as the magistrates’ court. Magistrates’ courts hark back to the Anglo-
Saxon moot court and the manorial court, but their official birth came in 1285, during the reign of Edward I,
when ‘good and lawful men’ were commissioned to keep the King’s peace.

B. Defining Judiciary Judiciary

branch of government whose task is the authoritative adjudication of controversies over the application of laws
in specific situations. Judiciary, branch of government whose task is the authoritative adjudication of
controversies over the application of laws in specific situations. Judiciaries also frequently resolve
administrative cases, disputes between individuals, groups, or legal entities and government agencies over the
application of laws or the implementation of government programs. Most legal systems have incorporated the
principle of state sovereignty, whereby governments may not be sued by nonstate litigants without their
consent. This principle limits the right of litigants to pursue remedies against government action

C. The Vested Functions and Power to the Judiciary

ARTICLE VIII

JUDICIAL DEPARTMENT

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law. Judicial power 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.

Section 2. The Congress shall have the power to define, prescribe, and apportion the jurisdiction of the
various courts but may not deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5
hereof. No law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its
Members.

Section 3. The Judiciary shall enjoy fiscal autonomy. Appropriations for the Judiciary may not be reduced by
the legislature below the amount appropriated for the previous year and, after approval, shall be automatically
and regularly released.

Section 4. (1) The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It
may sit en banc or in its discretion, in division of three, five, or seven Members. Any vacancy shall be filled
within ninety days from the occurrence thereof. (2) All cases involving the constitutionality of a treaty,
international or executive agreement, or law, which shall be heard by the Supreme Court en banc, and all
other cases which under the Rules of Court are required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions,
ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who
actually took part in the deliberations on the issues in the case and voted thereon. (3) Cases or matters heard
by a division shall be decided or resolved with the concurrence of a majority of the Members who actually took
part in the deliberations on the issues in the case and voted thereon, and in no case without the concurrence
of at least three of such Members. When the required number is not obtained, the case shall be decided en
banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en banc or in
division may be modified or reversed except by the court sitting en banc.

Section 5. The Supreme Court shall have the following powers: (1) Exercise original 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 lower courts in: (a) 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. (b) All cases
involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. (c) All
cases in which the jurisdiction of any lower court is in issue. (d) All criminal cases in which the penalty imposed
is reclusion perpetua or higher. (e) 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 assignment
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 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. (6) Appoint all officials and
employees of the Judiciary in accordance with the Civil Service Law.

Section 6. The Supreme Court shall have administrative supervision over all courts and the personnel
thereof..

Section 7. (1) No person shall be appointed Member of the Supreme Court or any lower collegiate court
unless he is a naturalborn citizen of the Philippines. A Member of the Supreme Court must be at least forty
years of age, and must have been for fifteen years or more, a judge of a lower court or engaged in the practice
of law in the Philippines. (2) The Congress shall prescribe the qualifications of judges of lower courts, but no
person may be appointed judge thereof unless he is a citizen of the Philippines and a member of the Philippine
Bar. (3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and
independence.

Section 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme Court
composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative of the
Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired Member
of the Supreme Court, and a representative of the private sector. (2) The regular members of the Council shall
be appointed by the President for a term of four years with the consent of the Commission on Appointments.
Of the Members first appointed, the representative of the Integrated Bar shall serve for four years, the
professor of law for three years, the retired Justice for two years, and the representative of the private sector
for one year. (3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall keep
a record of its proceedings. (4) The regular Members of the Council shall receive such emoluments as may be
determined by the Supreme Court. The Supreme Court shall provide in its annual budget the appropriations for
the Council. (5) The Council shall have the principal function of recommending appointees to the Judiciary. It
may exercise such other functions and duties as the Supreme Court may assign to it.

Section 9. The Members of the Supreme Court and judges of the lower courts shall be appointed by the
President from a list of at least three nominees prepared by the Judicial and Bar Council for every vacancy.
Such appointments need no confirmation. For the lower courts, the President shall issue the appointments
within ninety days from the submission of the list.

Section 10. The salary of the Chief Justice and of the Associate Justices of the Supreme Court, and of judges
of lower courts, shall be fixed by law. During their continuance in office, their salary shall not be decreased.

Section 11. The Members of the Supreme Court and judges of lower courts shall hold office during good
behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their
office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their
dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the
case and voted thereon.

Section 12. The Members of the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative functions.

Section 13. The conclusions of the Supreme Court in any case submitted to it for decision en banc or in
division shall be reached in consultation before the case is assigned to a Member for the writing of the opinion
of the Court. A certification to this effect signed by the Chief Justice shall be issued and a copy thereof
attached to the record of the case and served upon the parties. Any Member who took no part, or dissented, or
abstained from a decision or resolution, must state the reason therefor. The same requirements shall be
observed by all lower collegiate courts.

Section 14. No decision shall be rendered by any court without expressing therein clearly and distinctly the
facts and the law on which it is based. No petition for review or motion for reconsideration of a decision of the
court shall be refused due course or denied without stating the legal basis therefor.

Section 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved
within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the
Supreme Court, twelve months for all lower.

D. The Hierarchy of Power in Philippine Judiciary

One basic corollary in a presidential system of government is the principle of separation of powers wherein
legislation belongs to Congress, execution to the Executive, and settlement of legal controversies to the
Judiciary.

• The Legislative branch is authorized to make laws, alter, and repeal them through the power vested in the
Philippine Congress. This institution is divided into the Senate and the House of Representatives.

• The Executive branch carries out laws. It is composed of the President and the Vice President who are
elected by direct popular vote and serve a term of six years. The Constitution grants the President authority to
appoint his Cabinet. These departments form a large portion of the country’s bureaucracy.
• The Judicial branch evaluates laws. It holds the power to settle controversies involving rights that are
legally demandable and enforceable. This branch determines whether or not there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction on the part and instrumentality of the government. It is
made up of a Supreme Court and lower courts.

E. The Judicial Structure in the Philippines

Under the 1973 constitution, the Supreme Court, composed of a chief justice and 14 associate justices, was
the highest judicial body of the state, with supervisory authority over the lower courts. The entire court system
was revamped in 1981, with the creation of new regional courts of trials and of appeals. Justices at all levels
were appointed by the president. Philippine courts functioned without juries. Delays in criminal cases were
common, and detention periods in national security cases were long. Security cases arising during the period
of martial law (1972–81) were tried in military courts. The 1987 constitution restored the system to what it had
been in 1973. Despite the reinstitution of many procedural safeguards and guarantees, the slow pace of
justice continues to be a major problem. Currently, the national court system consists of four levels: local and
regional trial courts; a national Court of Appeals divided into 17 divisions; the 15-member Supreme Court; and
an informal local system for arbitrating or mediating certain disputes outside the formal court system. A
Shari'ah (Islamic law) court system, with jurisdiction over domestic and contractual relations among Muslim
citizens, operates in some Mindanao provinces. Supreme Court justices may hold office, on good behavior,
until the age of 70. The constitution calls for an independent judiciary and defendants in criminal cases are
afforded the right to counsel. The legal system is based on both civil and common law. It is especially
influenced by Spanish and Anglo-American laws. The Philippines accepts the compulsory jurisdiction of the
International Court of Justice. An informal local system for arbitrating or mediating certain problems operates
outside the formal court system. There is no jury system. Defendants enjoy a presumption of innocence and
have the right to confront witnesses, to present evidence and to appeal.

F. The Integrated Bar of the Philippines Section

1. Organization. - There is hereby organized an official national body to be known as the "Integrated Bar of
the Philippines," composed of all persons whose names now appear or may hereafter be included in the Roll
of Attorneys of the Supreme Court. Sec.

2. Purposes. - The fundamental purposes of the Integrated Bar shall be to elevate the standards of the legal
profession, improve the administration of justice, and enable the Bar to discharge its public responsibility more
effectively. Sec.

3. Regions. - The Philippines is hereby divided into nine Regions of the Integrated Bar, to
wit:chanroblesvirtuallawlibrary (a) Northern Luzon, consisting of the provinces of Abra, Batanes, Benguet,
Cagayan, Ifugao, Ilocos Norte, Ilocos Sur, Isabela, Kalinga-Apayao, La Union, Mountain Province, Nueva
Vizcaya, and Quirino. (b) Central Luzon, consisting of the provinces of Bataan, Bulacan, Nueva Ecija,
Pampanga, Pangasinan, Tarlac, and Zambales; chanrobles virtua law library (c) Greater Manila, consisting of
the City of Manila and Quezon City; (d) Southern Luzon, consisting of the provinces of Batangas, Cavity
Laguna, Marinduque, Occidental Mindoro, Oriental Mindoro, Quezon, and Rizal; (e) Bicolandia, consisting of
the provinces of Al bay, Camarines Norte, Camarines Sur, Catanduanes, Masbate, and Sorsogon; (f) Eastern
Visayas, consisting of the provinces of Bohol, Cebu, Eastern Samar, Leyte, Northern Samar, Samar, and
Southern Leyte; (g) Western Visayas, consisting of the provinces of Aklan, Antique, Capiz, Iloilo, Negros
Occidental, Negros Oriental, Palawan, Romblon, and Siquijor; (h) Eastern Mindanao, consisting of the
provinces of Agusan del Norte, Agusan del Sur, Bukidnon, CaMiguin, Davao del Norte, Davao del Sur, Davao
Oriental, Nlisamis Oriental, Surigao del Norte, and Surigao del Sur; and (i) Western M;ndanao, consisting of
the cities of Basilan and Zamboanga, and the provinces of Cotabato, Lanao del Norte, Lanao del Sur Misamis
Occidental, South Cotabato, Sulu, Zamboanga del Norte, and Zamboanga del Sur. In the event of the creation
of any new province, the Board of Governors shall, with the approval of the Supreme Court, determine the
Region to which the said province shall belong. Sec.

4. Chapters. - A Chapter of the Integrated Bar shall be organized in every province. Except as hereinbelow
provided, every city shall be considered part of the province within which it is geographically situated. A
separate Chapter shall be organized in each of the following political subdivisions or
areas:chanroblesvirtuallawlibrary (a) The sub-province of Aurora; (b) Each congressional district of the City of
Manila; (c) Quezon City; (d) Caloocan City, Malabon and Navotas; (e) Pasay Citys Makati, Mandaluyong and
San Juan del Monte; (f) Cebu City; and (g) Zamboanga City and Basilan City. Unless he otherwise registers
his preference for a particular Chapter, a lawyer shall be considered a member of the Chapter of the province,
city, political subdivision or area where his office, or, in the absence thereof, his residence is located. In no
case shall any lawyer be a member of more than one Chapter. Each Chapter shall have its own local
government as provided for by uniform rules to be prescribed by the Board of Governors and approved by the
Supreme Court, the provisions of Section 19 of this Rule notwithstanding. Chapters belonging to the same
Region may hold regional conventions on matters and problems of common concern. Sec.

5. House of Delegates. - The Integrated Bar shall have a House of Delegates of not more than one hundred
twenty members who shall be apportioned among all the Chapters as nearly as may be according to the
number of their respective members, but each Chapter shall have at least one Delegate. On or before
December 31, 1974, and every four years thereafter, the Board of Governors shall make an apportionment of
Delegates. chanrobles virtua law library Sec.

6. Board of Governors. - The Integrated Bar shall be governed by a Board of Governors. Nine Governors
shall be elected by the House of Delegates from the nine Regions on the representation basis of one Governor
from each Region. Each Governor shall be chosen from a list of nominees submitted by the Delegates from
the Region, provided that not more than one nominee shall come from any Chapter. The President and the
Executive Vice President, if chosen by the Governors from outside of themselves as provided in Section 7 of
this Rule, shall ipso facto become members of the Board. The members of the Board shall hold office for a
term of one year from the date of their election and until their successors shall have been duly elected and
qualified. No person may be a governor for more than two terms The Board shall meet regularly once every
three months, on such date and such time and place as it shall designate. A majority of all the members of the
Board shall constitute a quorum to do business. Special meetings may be called by the President or by five
members of the Board. Subject to the approval of the Supreme Court, the Board shall adopt By-Laws and
promulgate Canons of Professional Responsibility for all members of the Integrated Bar. The By-Laws and the
Canons may be amended by the Supreme Court motu proprio or upon the recommendation of the Board of
Governors. The Board shall prescribe such other rules and regulations as may be necessary and proper to
carry out the purposes of the Integrated Bar as well as the provisions of this Rule. Sec.
7. Officers. - The Integrated Bar shall have a President and an Executive Vice President who shall be chosen
by the Governors immediately after the latter's election, either from among themselves or from other members
of the Integrated Bar, by the vote of at least five Governors. Each of the regional members of the Board shall
be ex officio Vice President for the Region which he represents. The President and the Executive Vice
President shall hold office for a term of one year from the date of their election and until their successors shall
have duly qualified. The Executive Vice President shall automatically become the President for the next
succeeding full term. The Presidency shall rotate from year to year among all the nine Regions in such order of
rotation as the Board of Governors shall prescribe. No person shall be President or Executive Vice President
of the Integrated Bar for more than one term. The Integrated Bar shall have a Secretary, a Treasurer, and such
other officers and employees as may be required by the Board of Governors, to be appointed tray the
President with the consent of the Board, and to hold office at the pleasure of the Board or for such terms as it
may fix. Said officers and employees need not be members of the Integrated Bar. Sec.

8. Vacancies. - In the event the President is absent or unable to act, his duties shall be performed by the
Executive vice President; and in the event of the death, resignation or removal of the President, the Executive
Vice President shall serve as Acting President during the remainder of the term of the office thus vacated. In
the event of the death, resignation, removal, or disability of both the President and the Executive Vice
President, the Board of Governors shall elect an Acting President to hold office until the next succeeding
election or during the period of disability. chanrobles virtua law library The filling of vacancies in the House of
Delegates, Board of Governors, and all other positions of Officers of the Integrated Bar shall be as provided in
the By-Laws. Whenever the term of an office or position is for a fixed period, the person chosen to fill a
vacancy therein shall serve only for the unexpired term. Sec.

9. Membership dues. - Every member of the Integrated Bar shall pay such annual dues as the Board of
Governors shall determine with the approval of the Supreme Court. A fixed sum equivalent to ten percent
(10%) of the collection from each Chapter shall be set aside as a Welfare Fund for disabled members of the
Chapter and the compulsory heirs of deceased members thereof Sec.

10. Effect of non-payment of dues. - Subject to the provisions of Section 12 of this Rule, default in the
payment of annual dues for six months shall warrant suspension of membership in the Integrated Bar, and
default in such payment for one year shall be a ground for the removal of the name of the delinquent member
from the Roll of Attorneys. Sec.

11. Voluntary termination of membership; reinstatement. - A member may terminate his membership by
filing a written notice to that effect with the Secretary of the Integrated Bar, who shall immediately bring the
matter to the attention of the Supreme Court. Forthwith he shall cease to be a member and his name shall be
stricken by the Court from the Roll of Attorneys. Re-instatement may be made by the Court in accordance with
rules and regulations prescribed by the Board of Governors and approved by the Court. Sec.

12. Grievance procedures. - The Board of Governors shall provide in the By-Laws for grievance procedures
for the enforcement and maintenance of discipline among all the members of the Integrated Bar, but no action
involving the suspension or disbarment of a member or the removal of his name from the Roll of Attorneys
shall be effective without the final approval of the Supreme Court. Sec.
13. Non-political Bar. - The Integrated Bar shall be strictly non-political, and every activity tending to impair
this basic feature is strictly prohibited and shall be penalized accordingly. No lawyer holding an elective,
judicial, quasi-judicial or prosecutory office in the Government or any political subdivision or instrumentality
thereof shall be eligible for election or appointment to any position in the Integrated Bar or any Chapter
thereof. A Delegate, Governor, Officer or employee of the Integrated Bar, or an officer or employee of any
Chapter thereof shall be considered ipso facto resigned from his position as of the moment he files his
certificate of candidacy for any elective public office or accepts appointment to any judicial, quasi judicial, or
prosecutory office in the Government or any political subdivision or instrumentality thereof. Sec.

14. Positions honorary. - Except as may be specifically authorized or allowed by the Supreme Court, no
Delegate or Governor and no national or local Officer or committee member shall receive any compensation,
allowance or emolument from the funds of the Integrated Bar for any service rendered therein or be entitled to
reimbursement for any expense incurred in the discharge of his functions. Sec.

15. Fiscal matters. - The Board of Governors shall administer the funds of the Integrated Bar and shall have
the power to make appropriations and disbursements therefrom. It shall cause proper Books of Accounts to be
kept and Financial Statements to be rendered and shall see to it that the proper audit is made of all accounts
of the Integrated Bar and all the Chapters thereof. Sec.

16. Journal. - The Board of Governors shall cause to be published a quarterly Journal of the Integrated Bar,
free copies of which shall be distributed to every member of the Integrated Bar. Sec.

17. Voluntary Bar Associations. - All voluntary Bar associations now existing or which may hereafter be
formed may coexist with the Integrated Bar but shall not operate at cross-purposes therewith. Sec.

18. Amendments. - This Rule may be amended by the Supreme Court motu proprio or upon the
recommendation of the Board of Governors or any Chapter of the Integrated Bar. Sec.

19. Organizational period. - The Commission on Bar Integration shall organize the local Chapters and toward
this end shall secure the assistance of the Department of Justice and of all Judges throughout the Philippines.
All Chapter organizational meetings shall be held on Saturday, February 17, 1973. In every case, the
Commission shall cause proper notice of the date, time and place of the meeting to be served upon all the
lawyers concerned at their addresses appearing in the records of the commission. The lawyers present at the
meeting called to organize a Chapter shall constitute a quorum for the purpose, including the election of a
President, a Vice President, a Secretary, a Treasurer, and five Directors. chanrobles virtua law library The
Commission shall initially fix the number of Delegates and apportion the same among all the Chapters as
nearly as may be in proportion to the number of their respective members, but each Chapter shall have at
least one Delegate. The President of each Chapter shall concurrently be its Delegate to the House of
Delegates. The Vice President shall be his alternate, except where the Chapter is entitled to have more than
one Delegate, in which case, the Vice President shall also be a Delegate. The Board of Directors of the
Chapter shall in proper cases elect additional as well as alternate Delegates. The House of Delegates shall
convene in the City of Manila on Saturday, March 1 7,1973 for the purpose of electing a Board of Governors.
The Governors shall immediately assume office and forthwith meet to elect the Officers of the Integrated Bar.
The Officers so chosen shall immediately assume their respective positions. chanrobles virtua law library Sec.
20. Effectivity. - This Rule shall take effect on January 16, 1973.

The 1987 Philippine Constitution Preamble

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society, and
establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop
our patrimony, and secure to ourselves and our posterity, the blessings of independence and democracy under the rule
of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

LESSON 3

Blue Team – 12 HUMSS A

Bebita, Mario Jr.

Domingo, Tristan Rojen

Cerilla, Kerstyn Joy

Erta, Raffie Mae

Manalo, Christine Joy

Ogama, Hermilina

Solon, Rachelle

Udal, Luisa A.

MRS. KAREN ROSE GAMBOA-SUMANDAL

Date of Submission:

September 10, 2019

Tuesday