Cases

Only available on StudyMode
  • Download(s) : 9
  • Published : January 9, 2013
Open Document
Text Preview
Supreme Court of the Philippines
The Supreme Court of the Philippines (Filipino: Kataas-taasang Hukuman ng Pilipinas) is the country's highest judicial court, as well as the court of last resort. The court consists of 14 Associate Justices and 1 Chief Justice. Pursuant to the Constitution, the Supreme Court has "administrative supervision over all courts and the personnel thereof".[1] The Supreme Court complex occupies the corner of Padre Faura Street and Taft Avenue in Manila, with the main building directly fronting the Philippine General Hospital. Until 1945, the Court held office within Intramuros.

Constitutional role
Composition
A person must meet the following requirements in order to be appointed to the Supreme Court: (1) natural-born citizenship; (2) at least 40 years old; (3) 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] An additional constitutional requirement, though less precise in nature, is that a Justice “must be a person of proven competence, integrity, probity, and independence.” [3] Upon a vacancy in the Court, whether for the position of Chief Justice or Associate Justice, the President fills the vacancy by appointing a person from a list of at least 3 nominees prepared by the Judicial and Bar Council. [4] Beginning with the 1935 Constitution, Supreme Court Justices are obliged to retire upon reaching the mandatory retirement age of 70. [5] Just a few Justices had opted to retire before reaching the age of 70, such as Florentino Feliciano, who retired at 67 to accept appointment to the Appellate Body of the World Trade Organization.

Functions
The powers of the Supreme Court are defined in Article VIII of the 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.[6] 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.[7] The more prominent role of the Court lies in the exercise of its judicial functions. Section 1 of Article VIII contains a definition of judicial power that was not found in previous constitutions. The provision states in part that: Judicial power includes the duty of 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, a power that traditionally belonged to the Court even before this provision was enacted. Still, this new provision effectively dissuades from the easy resort to the political question doctrine as a means of declining to review a law or state action, as was often done by the Court during the rule of President Ferdinand Marcos.[8] 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.

Cases
The Court is authorized to sit either en banc or in divisions of 3, 5 or 7 members. Since the 1970s, the Court has constituted itself in 3 division 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 “[a]ll cases involving the constitutionality of a treaty, international or...
tracking img