NATURE OF PHILIPPINE COURTS
(Remedial Law, Legal Ethics & Legal Forms > I. General Principles > G. Nature of Philippine Courts)
I. CONSTITUTIONAL AND LEGAL BASIS
Judicial Power under the 1987 Constitution
- Article VIII of the 1987 Philippine Constitution vests the judicial power in “one Supreme Court and in such lower courts as may be established by law.”
- Judicial power includes:
- The duty of the courts to settle actual controversies involving rights that are legally demandable and enforceable; and
- The power to determine whether any branch or instrumentality of the Government has acted without or in excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.
Statutory Creation of Lower Courts
- While the Supreme Court is constitutionally created, all other lower courts (e.g., Court of Appeals, Sandiganbayan, Court of Tax Appeals, Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts, etc.) are creatures of statute.
- The Judiciary Reorganization Act (B.P. 129) and subsequent amendatory laws serve as the main statutory basis for the structure and jurisdiction of lower courts.
Essential Guarantees for Courts
- Judicial Independence: The Constitution protects the Judiciary’s independence through security of tenure, fiscal autonomy, and administrative supervision by the Supreme Court over all lower courts and their personnel.
- Separation of Powers: Philippine courts operate independently of the Executive and the Legislative branches. They do not supplant the functions of the co-equal branches but ensure their actions comply with the Constitution and the law.
II. ESSENTIAL CHARACTERISTICS OF PHILIPPINE COURTS
Courts of Law
- Philippine courts adhere to the principle that controversies must be decided according to existing laws, the Constitution, and established jurisprudence. They do not act on speculation or abstract queries but on actual controversies.
Courts of Justice
- Philippine courts are not merely technical fact-finding bodies. They are courts of justice, meant to secure substantive fairness and equity in every case, ensuring that the legal system provides a remedy for every wrong.
Courts of Record
- All Philippine courts are courts of record. Proceedings are documented—testimony is transcribed, records of pleadings and motions are kept—ensuring decisions are founded upon a clear and accurate record.
Adversarial System
- The Philippine judicial system is essentially adversarial (or accusatorial in criminal matters), wherein two or more parties present their evidence and arguments before an impartial judge who renders a decision based on law and evidence presented.
- Judges play a neutral role, ensuring procedural due process: notice, the opportunity to be heard, and a decision based on the merits.
Doctrine of Hierarchy of Courts
- Cases must generally be filed in or appealed to the proper court with the required jurisdiction (e.g., inferior courts, then Regional Trial Courts, then appellate courts, then the Supreme Court).
- This doctrine ensures judicial efficiency and avoids burdening the higher courts with matters that can be resolved at lower levels.
Doctrine of Judicial Restraint and Judicial Activism
- Philippine courts practice judicial restraint by refraining from encroaching upon political questions or matters entrusted primarily to the political departments.
- However, they exercise judicial activism when the Constitution or law demands the protection of rights and the upholding of constitutional dictates.
III. POWERS AND FUNCTIONS
Judicial Power and Review
- The hallmark of the judicial function is the power to interpret the Constitution and the laws.
- Courts also have the power to declare legislative or executive acts unconstitutional when they exceed constitutional boundaries or encroach upon fundamental rights.
Rule-Making Power of the Supreme Court
- The Supreme Court has the power to promulgate rules concerning:
- Pleadings, practice, and procedure in all courts;
- Admission to the practice of law;
- The Integrated Bar;
- Legal assistance to the underprivileged.
- This rule-making power is exclusive and self-executory, designed to ensure uniformity and fairness in judicial proceedings.
- The Supreme Court has the power to promulgate rules concerning:
Administrative Supervision
- The Supreme Court exercises administrative supervision over all courts and their personnel (Article VIII, Section 6, 1987 Constitution). This ensures:
- Discipline and accountability of judges and court personnel;
- Efficient administration of justice.
- The Supreme Court exercises administrative supervision over all courts and their personnel (Article VIII, Section 6, 1987 Constitution). This ensures:
Quasi-Legislative and Quasi-Executive Functions
- While primarily a judicial branch, the Supreme Court may issue rules and regulations (quasi-legislative) to govern court practice and discipline.
- Through the Office of the Court Administrator, the High Tribunal also assumes certain quasi-executive or administrative functions to manage the operational aspects of lower courts.
IV. ORGANIZATION AND STRUCTURE
Supreme Court
- Composed of a Chief Justice and fourteen (14) Associate Justices.
- Sits En Banc or in Divisions of three, five, or seven justices.
- Final arbiter of all legal controversies; decisions form part of the law of the land (doctrine of stare decisis).
Court of Appeals (CA)
- Primarily appellate jurisdiction over decisions of the Regional Trial Courts and certain quasi-judicial agencies.
- Organized into Divisions of three (3) Justices each, though en banc sessions occur for administrative or policy matters.
Sandiganbayan
- A special appellate collegial court focusing on anti-graft and corrupt practices cases involving public officers and employees.
- Jurisdiction typically includes offenses committed by public officials over a certain salary grade or rank.
Court of Tax Appeals (CTA)
- Special court with jurisdiction over civil and criminal tax cases, including local taxes, customs duties, and other tax-related controversies.
- Exercises both original and appellate jurisdiction over tax issues.
Regional Trial Courts (RTCs)
- Courts of general jurisdiction. They handle civil and criminal cases beyond the jurisdiction of first-level courts and special cases as provided by law.
- Each judicial region has several RTC branches, each with a Presiding Judge.
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
- First-level courts handling specific civil (small claims) and criminal matters within monetary or penalty thresholds set by law.
- They help decongest dockets of higher courts.
Shari’a Courts
- Shari’a Circuit Courts (SCC) and Shari’a District Courts (SDC) established in certain areas, particularly in the Autonomous Region in Muslim Mindanao, to apply Muslim personal laws over Muslims.
Other Special Courts or Tribunals
- Family Courts: created by law to handle family and juvenile cases.
- Commercial Courts (certain RTC branches designated to handle corporate rehabilitation, intellectual property, insolvency, etc.).
V. JURISDICTIONAL PRINCIPLES
Subject Matter Jurisdiction
- Determined by the Constitution or by statute.
- Courts cannot enlarge or diminish their own jurisdiction.
- Any judgment rendered by a court without jurisdiction over the subject matter is void.
Territorial Jurisdiction
- Refers to the geographical area where the court’s authority may be exercised.
- Typically determined by the law creating or organizing the court or by the rules on venue.
Personal Jurisdiction
- Acquired over a party (especially the defendant) through voluntary appearance or lawful service of summons.
Remedial Law Implications
- Rules of procedure ensure the orderly and speedy disposition of cases.
- Jurisdictional rules are mandatory, and parties must comply with procedural rules to properly invoke a court’s authority.
VI. ETHICAL CONSIDERATIONS (FOR COURTS AND LAWYERS)
Judicial Ethics
- Judges must exhibit integrity, propriety, independence, impartiality, and competence.
- The Code of Judicial Conduct outlines specific canons guiding judges in their official and personal conduct.
- Violations of these canons result in administrative, civil, or even criminal liability, depending on the gravity.
Professional Ethics of Lawyers
- Attorneys are officers of the court, bound by the Lawyer’s Oath and the Code of Professional Responsibility.
- They have duties to the court: candor, honesty, fairness, and good faith.
- Engaging in misconduct such as forum shopping, frivolous lawsuits, or abuse of court processes undermines the dignity and integrity of the courts.
Contempt Powers
- Courts have the inherent power to punish for contempt those who impede, degrade, or belittle the administration of justice.
- This power ensures respect for judicial proceedings and proper decorum of lawyers, litigants, and the public.
VII. JUDICIAL REMEDIES AND PROCESSES
Trial Procedure
- Initiation of suits through the filing of complaints or petitions.
- Service of summons, pleadings, and subsequent pre-trial and trial processes.
- Presentation of evidence, examination of witnesses, submission of memoranda, and final adjudication.
Appellate Process
- Aggrieved parties may appeal to higher courts within time frames set by procedural rules (e.g., 15 days from receipt of judgment in most cases).
- The appellate courts review errors of law (and sometimes fact, depending on the type of appeal).
Extraordinary Remedies
- Certiorari, Prohibition, Mandamus, Quo Warranto, Habeas Corpus, Amparo, Habeas Data, and Kalikasan petitions.
- These writs invoke the court’s power of judicial review to address grave abuses of discretion, unlawful detentions, infringements on rights, or to protect constitutional rights to life, liberty, and security.
Execution of Judgments
- Once a final decision is rendered, courts ensure that judgments are properly enforced.
- Enforcement mechanisms include writs of execution, attachment, garnishment, etc.
VIII. DOCTRINE OF FINALITY AND PRECEDENT
Doctrine of Finality of Judgment
- Once a judicial decision becomes final and executory, it is conclusive upon the parties and cannot be altered or modified (except in certain exceptional circumstances like void judgments).
Doctrine of Stare Decisis
- Courts generally follow precedents established by the Supreme Court to ensure stability, predictability, and consistency in the legal system.
- Lower courts are bound by the decisions of higher courts. Only the Supreme Court can overturn or modify its own rulings.
IX. ADMINISTRATION OF JUSTICE AND REFORMS
Speedy Disposition of Cases
- The Constitution mandates courts to strive for a speedy disposition of cases.
- Various reforms—like continuous trial systems, e-filing, and case decongestion programs—are implemented to address docket congestion and delays.
Use of Technology
- Philippine courts now utilize e-courts, videoconferencing for remote testimonies, and electronic raffling of cases to enhance transparency and efficiency.
Judicial Education
- The Philippine Judicial Academy (PHILJA) trains judges, clerks of court, and other court personnel to keep them abreast of latest laws, jurisprudence, and judicial ethics.
Legal Aid and Access to Justice
- The courts encourage pro bono representation and the development of legal aid clinics to help underprivileged litigants.
- Simplified procedures for small claims and alternative dispute resolution mechanisms (like mediation and arbitration) expand access to justice.
X. SIGNIFICANCE IN REMEDIAL LAW, LEGAL ETHICS & LEGAL FORMS
Remedial Law
- The nature of Philippine courts defines how litigants invoke remedies, file cases, and seek judicial relief. Proper understanding of jurisdiction, hierarchy of courts, and procedural rules is indispensable for effective advocacy.
Legal Ethics
- Courts, as the cornerstone of justice, demand high ethical standards from members of the Bench and Bar. The integrity of judicial proceedings depends heavily on ethical compliance.
Legal Forms
- Pleadings, motions, and other legal documents must conform to the formats and rules set by the Supreme Court (Rules of Court, circulars, and administrative issuances).
- The structure and purpose of each legal form is tailored to the nature and jurisdiction of the court in which it is filed.
CONCLUSION
The nature of Philippine courts is framed by the Constitution and implemented through statutory laws and judicial precedent. They are courts of law, courts of justice, courts of record, and function under an adversarial system marked by high standards of judicial independence and integrity. Their structure ranges from the Supreme Court at the apex to first-level trial courts, complemented by specialized courts such as the Sandiganbayan, Court of Tax Appeals, and Shari’a Courts.
Judges and lawyers alike are subject to stringent ethical codes to maintain public trust in the judiciary. Adherence to procedural rules, jurisdictional boundaries, and doctrines such as stare decisis ensures consistency, predictability, and fairness in the legal system. Continuous reforms aim to enhance access to justice, expedite case resolution, and harness technology to meet the evolving needs of society. Ultimately, the Philippine courts are vital guardians of constitutional rights and the rule of law, embodying a commitment to justice, integrity, and the protection of democratic ideals.