Topic: Political Law and Public International Law – Judicial Department (Supreme Court)

XI. Judicial Department > E. The Supreme Court > 1. Composition, Powers, and Functions

I. COMPOSITION OF THE SUPREME COURT

The Supreme Court of the Philippines is the highest judicial body, composed of one Chief Justice and fourteen Associate Justices. It sits en banc (as a whole) or in divisions of three, five, or seven members. The composition of the Court is determined by Section 4(1), Article VIII of the 1987 Constitution.

Qualifications for Appointment

According to Section 7, Article VIII of the 1987 Constitution, to be appointed as a Justice of the Supreme Court, the candidate must:

Be a natural-born citizen of the Philippines;
Be at least 40 years old;
Have been a judge of a lower court or engaged in the practice of law for at least 15 years;
Be of proven competence, integrity, probity, and independence.

Appointments and the Judicial and Bar Council (JBC)

Justices are appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council (JBC). This process ensures transparency and insulates the appointments from political influence.

Section 8(2), Article VIII provides that the appointments to the judiciary do not require confirmation by the Commission on Appointments (CA).

Term of Office

Justices of the Supreme Court hold office during good behavior until they reach the age of 70 or become incapacitated to discharge their duties. They may only be removed through impeachment, as provided by Section 2, Article XI of the Constitution.

II. POWERS OF THE SUPREME COURT

The Supreme Court is granted judicial power under Section 1, Article VIII of the Constitution. Judicial power includes:

Settling actual controversies involving rights which are legally demandable and enforceable;
Determining whether 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.

1. Original Jurisdiction

The Supreme Court has original jurisdiction over certain cases, as provided by Section 5(1), Article VIII of the Constitution. These include:

Cases affecting ambassadors, other public ministers, and consuls;
Petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.

The Court’s original jurisdiction over these matters allows it to directly receive and decide cases without the need for prior adjudication by lower courts.

2. Appellate Jurisdiction

The Supreme Court has appellate jurisdiction over the following types of cases:

Final judgments and orders of lower courts in all cases involving:
- The constitutionality or validity of a law, treaty, or executive issuance;
- The legality of a tax, impost, or assessment;
- The jurisdiction of lower courts;
- Criminal cases in which the penalty imposed is reclusion perpetua or higher.

The appellate jurisdiction of the Supreme Court is discretionary in certain cases (via Rule 45 of the Rules of Court, also known as a Petition for Review on Certiorari) and mandatory in others (e.g., cases where death penalty was imposed, though capital punishment has been abolished).

3. Rule-Making Power

The Supreme Court has the exclusive power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts. Under Section 5(5), Article VIII, the Supreme Court’s rule-making power includes:

The power to adopt new rules of evidence, procedure, and pleading;
The ability to promulgate rules concerning the admission to the practice of law;
The authority to supervise the Integrated Bar of the Philippines (IBP).

Rules promulgated by the Supreme Court must provide a simplified and inexpensive procedure for the speedy disposition of cases, and should not diminish, increase, or modify substantive rights.

4. Administrative Supervision

The Supreme Court exercises administrative supervision over all lower courts and their personnel. Under Section 6, Article VIII, it has the power to:

Discipline judges of lower courts and judicial employees;
Conduct investigations into allegations of wrongdoing by judges or personnel;
Issue guidelines for the judiciary's operations and management.

5. Power of Judicial Review

Under Section 5(2)(a), Article VIII, the Supreme Court may review the constitutionality of:

Laws, treaties, and executive orders;
Acts of Congress and administrative agencies;
Presidential actions (executive orders, decrees, proclamations);
Any other government act or decision.

The power of judicial review is not automatic. A petition must present an actual case or controversy, and the petitioner must have standing to raise the issue. Additionally, the petition must meet the requisites of judicial review: (1) the existence of an actual case or controversy, (2) legal standing, (3) the issue must be ripe for adjudication, and (4) the petition must raise a constitutional question.

6. Power to Declare Laws Unconstitutional

The Supreme Court may declare a law, treaty, or executive issuance unconstitutional if it contravenes any provision of the Constitution. The declaration of unconstitutionality can only be made by a majority of the Justices sitting en banc (Section 4, Article VIII).

7. Power of Impeachment Oversight

While the House of Representatives has the power to impeach, and the Senate has the power to try impeachments, the Supreme Court has a role in ensuring that due process is observed during impeachment proceedings. It also has the authority to review the legality of impeachment actions, especially if there is a question of constitutionality involved.

III. FUNCTIONS OF THE SUPREME COURT

The Supreme Court serves several essential functions that establish its role as the final arbiter of justice in the country:

1. Final Arbiter of Legal Disputes

As the court of last resort, the Supreme Court’s decisions are final and executory. No appeal is available from a decision of the Supreme Court, except in very limited cases like motions for reconsideration or petitions for certiorari in instances of grave abuse of discretion.

2. Guardian of the Constitution

The Supreme Court ensures the protection of constitutional rights and the adherence to the principles of the Constitution. This is evident in its power of judicial review and its role in interpreting laws and executive actions in light of the Constitution.

3. Rule-Maker and Administrator

In addition to deciding cases, the Supreme Court is responsible for promulgating procedural rules for all courts, maintaining the ethical standards of the legal profession, and supervising the administration of justice throughout the country.

4. Judicial Independence

One of the crucial roles of the Supreme Court is to maintain judicial independence. This ensures that the judiciary remains free from undue influence by the legislative or executive branches. The Court has ruled on cases ensuring the financial autonomy of the judiciary, independence in appointments, and the separation of powers.

Conclusion

The Supreme Court of the Philippines plays a pivotal role in the country’s judicial system. It serves as the guardian of the Constitution, ensures judicial independence, and acts as the final arbiter in legal disputes. Its composition, powers, and functions are clearly delineated in the 1987 Constitution, and the Court is tasked with upholding the rule of law and safeguarding the rights of the people.