The Supreme Court | JUDICIAL DEPARTMENT

XI. JUDICIAL DEPARTMENT > E. The Supreme Court

The Supreme Court is the highest judicial authority in the Philippines, vested with significant powers, duties, and responsibilities under both the 1987 Constitution and existing laws. As the court of last resort, the Supreme Court plays a crucial role in ensuring the proper application and interpretation of laws, safeguarding constitutional rights, and maintaining checks and balances among the branches of government.

1. Composition and Structure of the Supreme Court

Article VIII, Section 4 of the 1987 Constitution provides for the composition of the Supreme Court:

• The Supreme Court is composed of a Chief Justice and 14 Associate Justices.
• The Justices of the Supreme Court sit en banc or in divisions of three, five, or seven members, as the Court may determine.

The Court may decide en banc in cases involving the constitutionality of a treaty, international or executive agreement, or law, or in cases that involve the modification or reversal of a doctrine or principle laid down in previous decisions.

2. Appointment and Qualifications

Article VIII, Section 7 of the Constitution outlines the qualifications required to be appointed to the Supreme Court:

• A member of the Supreme Court must be:
  • A natural-born citizen of the Philippines.
  • At least 40 years of age.
  • Must have been a judge of a lower court or engaged in the practice of law in the Philippines for at least 15 years.

Justices of the Supreme Court are appointed by the President from a list of nominees prepared by the Judicial and Bar Council (JBC) without needing confirmation by the Commission on Appointments.

3. Powers of the Supreme Court

The powers of the Supreme Court are broadly categorized into judicial and administrative powers.

A. Judicial Powers

Judicial power is the authority vested in the Supreme Court and lower courts to settle actual controversies involving legally demandable and enforceable rights. The Supreme Court’s judicial powers include:

1. Original Jurisdiction:

   • The Supreme Court has original jurisdiction over the following:
     • Cases affecting ambassadors, other public ministers, and consuls.
     • Petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

2. Appellate Jurisdiction:

   • The Supreme Court has appellate jurisdiction in cases decided by the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, and other lower courts in the following cases:
     • All criminal cases involving life imprisonment, reclusion perpetua, or a higher penalty.
     • Cases involving the constitutionality or validity of any treaty, law, presidential decree, proclamation, order, instruction, ordinance, or regulation.
     • Cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
     • Cases in which the jurisdiction of any lower court is in issue.

3. Rule-Making Power:

   • The Supreme Court has the authority to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, and the Integrated Bar of the Philippines.
   • These rules must not diminish, increase, or modify substantive rights.

4. Power of Judicial Review:

   • The Supreme Court has the power to review the constitutionality of any law, treaty, or executive act. Judicial review requires the following requisites:
     • There must be an actual case or controversy.
     • The person invoking the judicial review must have legal standing.
     • The question of constitutionality must be raised at the earliest opportunity.
     • The issue of constitutionality must be the very lis mota of the case.

5. Power of Certiorari:

   • The Supreme Court can annul or modify the decisions, orders, and resolutions of inferior courts when these are issued without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.

B. Administrative Powers

As the highest authority in the judiciary, the Supreme Court also exercises the following administrative powers:

1. Supervision Over Lower Courts and Personnel:

   • The Supreme Court exercises administrative supervision over all courts and court personnel. This includes disciplining judges of lower courts and, by extension, court personnel. The Supreme Court can remove or discipline such personnel for grave misconduct, inefficiency, or incompetence.

2. Control Over the Judicial and Bar Council (JBC):

   • The Supreme Court exercises supervision over the JBC, a constitutionally-created body that screens nominees to judicial positions. The JBC is composed of the Chief Justice (as ex officio chairperson), the Secretary of Justice, a representative from Congress, a representative from the Integrated Bar, a professor of law, a retired member of the judiciary, and a private sector representative.

3. Promulgation of Rules Concerning Admission to the Bar:

   • The Supreme Court holds exclusive authority over matters related to the admission to the Philippine Bar, including setting qualifications, administering the bar examination, and disciplining members of the legal profession.

4. Financial Management of the Judiciary:

   • The Supreme Court administers the judiciary's budget, which is automatically and regularly released by the government. The judiciary enjoys fiscal autonomy, meaning it has full control of its budget appropriated by Congress.

4. Decisions and Precedents

The decisions of the Supreme Court form part of the jurisprudence of the Philippines. These decisions, especially when rendered en banc, create binding precedents for all other courts to follow under the principle of stare decisis. When the Court decides to modify or reverse an established doctrine, it often provides a detailed explanation, citing substantial grounds for the change.

5. Impeachment of Supreme Court Justices

Supreme Court Justices can only be removed from office through impeachment. Under the 1987 Constitution, Justices may be impeached on grounds of culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.

Impeachment proceedings are initiated in the House of Representatives, and the trial is conducted in the Senate. A two-thirds vote of all members of the Senate is required for conviction and removal from office.

6. Role in Public International Law

The Supreme Court also plays a role in public international law in several capacities:

• Interpretation of Treaties: When a treaty or international agreement is brought before the Supreme Court, it exercises its power of judicial review to interpret such agreements in line with constitutional provisions.

• Customary International Law: The Court, under the principle of incorporation, recognizes customary international law as part of the law of the land unless it conflicts with the Constitution, statutes, or other binding regulations.

• Application of the Doctrine of Sovereign Immunity: In cases involving foreign states or international organizations, the Supreme Court applies the doctrine of sovereign immunity, balancing it with the rights of individuals under Philippine law.

7. Independence and Fiscal Autonomy

The Supreme Court, as a co-equal branch of government, enjoys independence and fiscal autonomy. It is free from interference by the executive and legislative branches in its functions and operations. Fiscal autonomy ensures that the funds appropriated for the judiciary cannot be reduced by the executive or legislative branches and are released automatically.

Conclusion

The Supreme Court stands as the ultimate interpreter of laws, protector of constitutional rights, and guardian of judicial integrity in the Philippines. Its judicial and administrative powers are crucial in maintaining the rule of law, ensuring justice, and preserving the independence of the judiciary from external influence. Through its decisions, rules, and supervision, the Supreme Court not only influences the development of Philippine law but also upholds the principles of democratic governance and international law.