Home » History of Supreme Court

History of Supreme Court

A territorial Audience in Zebu and Audience for criminal cases in Vagina 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. Justinian councils, then the provisional governments of Testers, Bias-an-Bath, and the Revolutionary Republic proclaimed in Kuwait, essentially had General Emilio Gondola exercising decree-making powers instituting ad hoc courts and reviewing any appeals concerning their decisions.

In 1899, when the Mammals Constitution was deified, it provided for a Supreme Court of Justice. President Gondola proposed the appointment of Application Mamboing 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 Merit suspended the Audiences when a military government was established after Manila fell to American forces in August, 1898. Major General Lowell S. Otis re-established the Audience on May 29, 1899 by virtue of General Order No. 0, which provided for six Filipino members of the Audience. Establishment of the Supreme Court With the establishment of Civil Government, Act No. 136 of the Philippine Commission abolished the Audience and established the present Supreme Court on June 1 1, 1901 with Cetacean Areola as the first Chief Justice together with associate justices, the majority of whom were American. Commonwealth: Popularization of the Supreme Court With the ratification of the 1935 Constitution, the membership was increased to 1 1 with two divisions of five members each.

The Supreme Court was Pipelined upon the inauguration of the Commonwealth of the Philippines in November 15, 1935. In all other respects, the function of the Court under the Administrative Code of 1917, which provided for a Supreme Court with a Chief Justice and eight associate Justices, was retained. World War II and the Third Republic During World War II, the National Assembly passed legislation granting Emergency Powers to President Manuel L. Guenon; Chief Justice Jose Bad 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 History of Supreme Court By Gentlemanliness 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 Champ v. Spouses Valued Tan Eke and Arsenic P.

Dijon 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. . : 1. The 1973 Constitution further increased the membership of the Supreme Court to 1 5, 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 Marco’s) the sole authority to appoint members of the Supreme Court. There were five Chief Justices that were appointed under this provision.

Under the 1987 Constitution Pursuant to the provisions of the 1987 Constitution, the Supreme Court is composed of a Chief Justice and 14 Associate Justices who serve until the age of 70. The Court ay sit en banc or in one of its three divisions composed of five members each. The Chief Justice and Associate Justices are appointed by the President of the Philippines, chosen from a shortlist submitted by the Judicial and Bar Council. The President must fill up a vacancy within 90 days of occurrence. Article VIII, sec. 4 (2) of the Constitution explicitly provides for the cases that must be heard en banc and sec. (3) for cases that may be heard by divisions (Constitution, Art. VIII, sec. 4, par. L). The Judiciary Reorganization Act of 1980 transferred the administrative supervision of all routs and their personnel from the Department of Justice to the Supreme Court. This was affirmed by Art. VIII, sec. 6 of the 1987 Constitution. To effectively discharge this constitutional mandate, The Office of the Court Administrator (COCA) was created under Presidential Decree No. 828, as amended by Presidential Decree No. 842 (and its functions further strengthened by a Resolution of the Supreme 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 COCA 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 warrants, and habeas corpus. 2.

Review, revise, reverse, modify, or affirm, on appeal or certiorari, s the law or the Rules of Court may provide, final Judgments and orders of the lower o All cases in which the constitutionality or validity of any treaty, courts in: international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question; o All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto; o All cases in which the Jurisdiction of any lower court is in issue; o All criminal cases in which the penalty imposed is reclusion perpetuate or higher; All cases in which only an error or question of law is involved; 3. Assign 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 supposition 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 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 (Sec. 5, old. ). 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 issuance posted on the Supreme Court E-Library website.

Full roster of Chief Justices 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. 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 Yule, 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 pointed by the Philippine Executive Committee headed by Jorge B. Barras. 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 he 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. Conception introduced the concept of the Judicial and Bar Council. The aim of the Council is to De-politicized the Judiciary by appointment of Chief Justices, members of the Judiciary, and the Office of the Ombudsman. To date, there have been nine Chief Justices appointed under the conditions of the 1986 Constitution.

Cite This Work

To export a reference to this essay please select a referencing style below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Leave a Comment