Welcome to the Supreme Court of the Philippines
Welcome to the Supreme Court of the Philippines
Welcome to the Supreme Court of the Philippines
READ: Infographics on Bar Bulletin No. 2-2023 Re: Application Requirements for the 2023 Bar Examinations sc.judiciary.gov.ph/files/bar-2023 #WeCanDoIt #HernanDoIt #Bar2023
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Frequently Asked Questions
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Frequently Asked Questions

Requirements for Filing of Initiatory Cases

Steps in Filing

Filing Fees

You may also contact the Judicial Records Office-Docket Receiving Section:

JRO – +632 8521-8026
DOCKET – +632 8524-6607

Contact the SC Office of Administrative Services:

+632 8552-9542

The Notarial Register can be purchased from the Office of the Court Administrator Property Division located at the SC Centennial Building, Padre Faura St. corner Taft Ave., Ermita, Manila (beside UP Manila – CAS Entrance) for PHP 1,200.00.

For security and health protocol purposes, purchasers are requested to call the Property Division at +632 8525-1122 once they are at the gate so the transaction may proceed. Please be informed that this transaction to purchase the Notarial Register will only be from 8 A.M. to 12 P.M., Monday to Friday.

Please keep in mind that the Notarial Commission/Certification must be presented upon purchasing the Notarial Register.

Judicial Records Office

+632 8523-6464

Judgment Division

+632 8521-8026

Docket Receiving

+632 8524-6607

For online filing and other queries:

judicialrecordsoffice.sc@judiciary.gov.ph

Request for verification of employment of Supreme Court Justices, officials and employees, and employees, and lower court judges, employees, and personnel shall be made through personal visit by the requesting party to the office/department concerned during regular working days and hours (Monday to Friday from 8:00 a.m. to 4;30 p.m.).

Subject of Verification

Concerned Office

Location/Building

Justices, Officials and Employees of the Supreme Court

Personnel Division, Office of Administrative Services, Supreme Court

4th Floor, Centennial Building, Supreme Court, Padre Faura St. cor. Taft Avenue, Ermita, Manila

Judges and Personnel of the Lower Courts

(Regional Trial Court, Metropolitan Trial Court, Metropolitan Trial Court in Cities, Municipal Trial Court, Municipal Circuit Trial Court, Shari’a District Courts and Shari’a Circuit Court)

Personnel Division, Office of Administrative Services, Office of the Court Administrator

Ground Floor, Old Supreme Court Building, Taft Avenue cor Padre Faura St., Ermita, Manila

 

Article VII, Sec. 1 of the Philippine Constitution limits the Supreme Court’s exercise of its judicial power to the settlement of actual controversies involving rights which are legally demandable and enforceable, and the determination of 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. Thus, the Court is enjoined from dispensing legal advice, rendering any legal opinion, or taking action on matters which it may potentially be called upon to adjudicate at some future time. It is strongly suggested that parties consult a lawyer who can apprise them of all the legal remedies available to address their concerns.

Parties may inquire from the Integrated Bar of the Philippines (IBP), the official organization of all Philippine lawyers. They may contact the IBP through ibplegalaid@gmail.com, or dial +63 2 8631-3016, +63 2 8631-3017, and +63 2 8631-3018.

Parties may also seek assistance from the Public Attorney’s Office (PAO) which provides free legal advice. The PAO may be reached through: pao_executive@yahoo.com, or call +63 2 8929-9436, +63 2 8426-2075; +63 2 8426-2801; +63 2 8426-2450; +63 2 8426-2987; and +63 2 8426-2683.

Any of the incumbent Supreme Court Justices may solemnize a marriage ceremony. One may write a formal letter addressed to the Justice of their choice and email it to enbanc.sc@judiciary.gov.ph. The Office of the Associate Justice will then give the requirements once His/Her Honor confirms their availability. Regarding the procedure, there requirements vary depending on the Justice who will solemnize the wedding. Common requirements are: marriage license, payment of the PhP 300.00 fee and PhP 20.00 for documentary stamps, and birth certificates of the contracting parties. Some require copies of the parties’ respective CENOMAR, and still some require a joint affidavit from the parties stating their personal circumstances, their capacity to marry, and their intent to invite the Justice as the solemnizing officer.

It should be noted that the Office of the Justice shall not be responsible for filing the marriage certificate with the local civil registrar as the same must be processed by the applicants themselves. However, should the Office of the Justice agree to process the filing of the marriage certificate, the administrative and other related expenses in relation thereto, the same shall be charged to the applicants.

A. For externship programs in courts of law:

Please refer to Sections 3, 4 and 5 of Rule 138-A (A.M. No. 19-03-24-SC dated November 24, 2020, or the Guidelines on the Externship Program of Law Student Practitioners in Court under Rule 138-A).

B. For requests for internship/on-the-job training from non-law students

You may coordinate directly with the respective Chiefs of Offices of the Supreme Court, pursuant to A.M. No. 23-07-12-SC (Re: On-the-Job Training in the Supreme Court).

Please refer to the Supreme Court Directory (https://sc.judiciary.gov.ph/contact-us/) for the contact information of the Supreme Court Chiefs of Offices.

Minimum documentary requirements for bail:

A. Cash Bail

    1. Certified True Copy or Official Court Copy of the Information;
    2. Four (4) sets of the accused’s picture showing his/her front, left and right profiles, with the name and signature of the accused at the back of each picture;
    3. Accused’s left and right handprints;
    4. Barangay Certification intended for bail purposes, reflecting accused’s real name and residence;
    5. Location plan or house sketch of the accused as certified by the barangay;
    6. In case the accused is detained, Certificate of Detention showing the name, designation and signature of the personnel authorized to issue the said certificate where accused is detained;
    7. Accused’s notarized Undertaking and Waiver of Appearance in accordance with Rule 114 of the Revised Rules of Criminal Procedure; and
    8. Bail amount recommended or imposed by the Court
    9. (Re #8) In case the Information states “Bail Not Required,” “Bail is Not Necessary” or “No Bail is Recommended,” or the bail imposed is more than or different from that which was recommended in the Information, certified copy of the Order stating the amount of the bail.

B. Corporate Surety Bond

    1. Photocopy of the Certificate of Accreditation and Authority issued by the Court Administrator containing the photograph of the authorized agent (after presentation to the Clerk of Court of the original as Copy of the Certificate of Accreditation and Authority containing the photograph of the agent), with the following attached documents:
      • Certified copy of a valid Certificate of Accreditation and Authority issued by the Office of the Court Administrator;
      • Proof of payment of legal fees under the Rules of Court and the documentary stamp tax (thirty centavos [P0.30] on each four pesos [P4.00] or fractional part thereof, of the premium charged;
      • Secretary Certificate containing the specimen signatures of the agents authorized to transact business with the courts.
    2. Four(4)sets of photographs of the accused;
    3. Original  Waiver of Appearance of accused under oath;
    4. Original Certificate of Detention;
    5. Certified True Copy or Official Court Copy of the Information; and
    6. Certification from the Barangay Captain attesting to the real name of  the accused, his actual residence in the barangay and attaching a location plan showing the residence of the accused.

C. Property Bond

    1. Transfer Certificate of Title of the property;
    2. The real property’s latest Tax Declaration; and,
    3. All the documentary requirements under Cash Bail (See “A” above)

Reference: OCA Circular No. 204-2022

READ: Pyansa”

To go to the JEPS website: https://epayment.judiciary.gov.ph/

For other questions, as well as available references and materials on JEPS, you may visit the JEPS Help Center at:
https://help-epayment.judiciary.gov.ph/index.html

You may also contact jeps.support@judiciary.gov.ph for other concerns.

For the Court to take cognizance of an administrative case against a member of the Philippine Bar the following must be complied with and submitted before the OBC:

(a) Filing of a verified and notarized complaint [one (1) original and four (4) photocopies];
(b) The supporting documents and/or Affidavits of Persons having personal knowledge of the facts alleged therein must be duly authenticated, if applicable;
(c) The filing may be done personally or through registered mail or private courier addressed to the OBC located at the 3rd Floor Multi-purpose Building, Supreme Court of the Philippines, P. Faura, Ermita, Manila; and
(d) The soft copy (PDF file) of the said complaint may be sent through our e-mail address at baroffice.sc@judiciary.gov.ph or it can be stored in a CD/USB which will be submitted together with the hard copy of the complaint.

Follow-up requests for certification, Bar Exam Information, etc.
Filing (fees, requirements)

Contact the Judicial Records Office-Docket Receiving Section:

JRO – +63 2 8521-8026
DOCKET – +63 2 8524-6607

Employment Verification

Contact the SC Office of Administrative Services:

+63 2 8552-9542

Notarial Book/Notarial Register

The Notarial Register can be purchased from the Office of the Court Administrator Property Division located at the SC Centennial Building, Padre Faura St. corner Taft Ave., Ermita, Manila (beside UP Manila – CAS Entrance) for PHP 1,200.00. For security and health protocol purposes, purchasers are requested to call the Property Division at +63 2 8525-1122 once they are at the gate so the transaction may proceed. Please be informed that this transaction to purchase the Notarial Register will only be from 8 A.M. to 12 P.M., Monday to Friday. Please keep in mind that the Notarial Commission/Certification must be presented upon purchasing the Notarial Register.

Case Status

Judicial Records Office

+63 2 8523-6464

Judgment Division

+63 2 8521-8026

Docket Receiving

+63 2 8524-6607

For online filing and other queries:

judicialrecordsoffice.sc@judiciary.gov.ph

Contact Information of the different
offices in the Supreme Court
Participant’s Guide to
Video Conferencing Hearings
Employment
Verification

Request for verification of employment of Supreme Court Justices, officials and employees, and employees, and lower court judges, employees, and personnel shall be made through personal visit by the requesting party to the office/department concerned during regular working days and hours (Monday to Friday from 8:00 a.m. to 4;30 p.m.).

Gabay ng mga kalahok
sa Videoconferencing Hearing
Requesting for legal advice, opinion and assistance from the Supreme Court.

The Philippine Constitution limits the Supreme Court’s exercise of its judicial power to the settlement of actual controversies involving rights which are legally demandable and enforceable, and the determination of 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 (Art. VIII, Sec. 1). Thus, the Court does not dispense advice, render any legal opinion, or take action on matters which it may potentially be called upon to adjudicate at some future time. It is strongly suggested that parties consult a lawyer who can apprise them of all the legal remedies available to address their concern.

Parties may inquire from the Integrated Bar of the Philippines, the official national organization of all Philippine lawyers. They may contact the IBP through ibplegalaid@gmail.com, or dial +63 2 8631-3016, +63 2 8631-3017, and +63 2 8631-3018.

Parties may also seek assistance from the Public Attorney’s Office which provides free legal advice. The PAO may be reach through: pao_executive@yahoo.com, or call +63 2 8929-9436, +63 2 8426-2075; +63 2 8426-2801; +63 2 8426-2450; +63 2 8426-2987; and +63 2 8426-2683.

Civil Wedding rites
before the SC

Any of the incumbent Supreme Court Justices may solemnize a marriage ceremony. One may write a formal letter addressed to the Justice of their choice and email it to occenbanc@gmail.com. The Office of the Associate Justice will then give the requirements once His/Her Honor confirms their availability. Regarding the procedure, there requirements vary depending on the Justice who will solemnize the wedding. Common requirements are: marriage license, payment of the PhP 300.00 fee and PhP 20.00 for documentary stamps, and birth certificates of the contracting parties. Some require copies of the parties’ respective CENOMAR, and still some require a joint affidavit from the parties stating their personal circumstances, their capacity to marry, and their intent to invite the Justice as the solemnizing officer.

It should be noted that the Office of the Justice shall not be responsible for filing the marriage certificate with the local civil registrar as the same must be processed by the applicants themselves. However, should the Office of the Justice agree to process the filing of the marriage certificate, the administrative and other related expenses in relation thereto, the same shall be charged to the applicants.

Externship/Internship/OJT Program
in the SC

At this time, the only program being offered to students is the externship programs in courts of law. They are open to student practitioners certified in accordance with Sections 3, 4 and 5 of Rule 138-A and enrolled in a Clinical Legal Education Program (CLEP) of any law school in the Philippines. This is pursuant to the policy issued by the Court in A.M. No. 19-03-24-SC dated November 24, 2020 (The Guidelines on the Externship Program of Law Student Practitioners in Court under Rule 138-A). Section 2(b) of the Revised Law Student Practice Rule defines externship as a part of the clinical legal education program if: (a) it allows students to engage in legal work for the marginalized sectors or for the promotion of social justice and public interest, and (b) it is undertaken with any of the following: (i) the courts, the Integrated Bar of the Philippines (IBP), government offices; and (ii) law-school-recognized non-governmental organizations (NGOs).

Similar requests from non-law students to undergo internship/on-the-job training/practicum with the Supreme Court have been previously denied by the Court as a matter of policy.

Email Us

Please include your name, contact number, email address, and the subject in your email.

Please read our Privacy Notice for the terms on the collection of your personal information.

[formidable id=1]

By using this Query Form, you agree to the collection of personal data. For more information, you may refer to our Privacy Notice.

Subject of Verification

Concerned Office

Location/Building

Justices, Officials and Employees of the Supreme Court

Personnel Division, Office of Administrative Services, Supreme Court

4th Floor, Centennial Building, Supreme Court, Padre Faura St. cor. Taft Avenue, Ermita, Manila

Judges and Personnel of the Lower Courts

(Regional Trial Court, Metropolitan Trial Court, Metropolitan Trial Court in Cities, Municipal Trial Court, Municipal Circuit Trial Court, Shari’a District Courts and Shari’a Circuit Court)

 

Personnel Division, Office of Administrative Services, Office of the Court Administrator

 

Ground Floor, Old Supreme Court Main Building, Taft Avenue cor Padre Faura St., Ermita, Manila

 

Privacy Notice for the Supreme Court website

Statement of Commitment to Data Privacy and Security

The Supreme Court of the Philippines respects your privacy and your data privacy rights, as well as employs reasonable measures to protect your personal data in accordance with Republic Act No. 10173 or the Data Privacy Act of 2012 (DPA), its Implementing Rules and Regulations, and the various issuances of the National Privacy Commission (NPC) (collectively, the Data Privacy Regulations).

Brief Service Description and Its General Purpose

Use of the Supreme Court Website

The Supreme Court website serves as the online repository of Supreme Court information, references, and resources accessible to the public. By agreeing to use the Supreme Court website, you agree to the collection, use, disclosure, processing, and storage of your non-personal identification information to enable the Supreme Court to monitor the website’s engagement.

What personal data do we collect?

The Supreme Court website, other than the Email Form (see separate Privacy Notice – Email Form), does not collect personal data or cookies. The following non-personal identification information, however, are collected and stored by WordPress Statistics, a third-party service, to enable the Supreme Court to monitor the website’s performance through its engagement with visitors:

(a) Browser;

(b) Device; and

(c) Internet Protocol address.

The information collected by WordPress Statistics are limited to the foregoing.

For further understanding, please see the brief discussion on WordPress Statistics below.

Why do we collect your non-personal identification information?

The information collected through WordPress Statistics shall be processed to enable the Supreme Court, not only to effectively manage its website, but also to efficiently disseminate information to the public.

How do we process your non-personal identification information?

Where you have provided us with your non-personal identification information, you agree to our collection, use, disclosure, storage, and other processing for the purposes and in the manner set forth in this Privacy Notice.

WordPress Statistics

The Supreme Court website uses a third-party website, WordPress Statistics, to gather anonymous statistical information from site visitors and analyze the web traffic data. Such data is not shared with any other party. WordPress Statistics collects the following:

  • Browser;
  • Device; and
  • Internet Protocol address.

For more information, you may visit: https://wp-statistics.com/2018/08/16/wp-statistics-gdpr/

How do we protect your non-personal identification information?

The foregoing information, which are encrypted, shall be captured, stored, and retrieved by the Supreme Court through the third-party server, WordPress Statistics, solely for the specific purposes stated in this Privacy Notice, i.e., for reference in helping the Supreme Court in effectively managing its website. The data shall be processed and stored with utmost security and confidentiality.

Only authorized website administrators of the Supreme Court have access to the collected data stored and reported in WordPress Statistics as installed in the Supreme Court website, which in turn are subject to strict security protocols.

How long will we keep your non-personal identification information?

The collected information shall be stored in the Supreme Court website database. The Public Information Office (PIO) directly administers and maintains the database and the Supreme Court website. Only the PIO website administrators and authorized personnel shall be granted access to the database of the Supreme Court website. Sharing of any information that are contained in the said database with unauthorized persons is strictly prohibited.

The non-personal identification information collected by WordPress Statistics is stored in its database and is accessible to the Supreme Court at any time via statistics reports until WordPress Statistics is uninstalled.

In all cases, the information will be stored in a secure manner to ensure its confidentiality, integrity, and availability.

Upon expiration of the period of retention, the information collected through the Supreme Court website shall be disposed of and discarded in a secure manner that would prevent further processing, unauthorized access, or disclosure of your data.

Changes to our Privacy Notice:

The Privacy Notice may be updated from time to time. If material changes are required, any revisions shall be published on the Supreme Court website under the News and Announcements page for your immediate guidance. Therefore, we encourage you to review this Privacy Notice periodically so that you are up to date on our most current policies and practices.

This Privacy Notice was last updated on February 20, 2024.

How do you contact us?

If you have any privacy concerns or questions about your data privacy rights or our Privacy Notice, please contact us through:

JUDICIARY’S DATA PROTECTION OFFICER
Supreme Court of the Philippines
Padre Faura St., Ermita, Manila
Philippines 1000
+63 3 8552 9566
dataprivacy.sc@judiciary.gov.ph

1987Constitution

The Supreme Court Under
the 1987 Constitution

As in the 1935 and 1973 Constitutions, the 1987 Constitution provides that “[t]he judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.” (Art. VII, Sec. 1). The exercise of judicial power is shared by the Supreme Court with all lower courts, but it is only the Supreme Court’s decisions that are vested with precedential value or doctrinal authority, as its interpretations of the Constitution and the laws are final and beyond review by any other branch of government.

Unlike the 1935 and 1973 Constitutions, however, the 1987 Constitution defines the concept of judicial power. Under paragraph 2 of Section 1, Article VIII, “judicial power” includes not only the “duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable” but also “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.” This latter provision dilutes the effectivity of the “political question” doctrine which places specific questions best submitted to the political wisdom of the people beyond the review of the courts.

Building on previous experiences under former Constitutions, the 1987 Constitution provides for specific safeguards to ensure the independence of the Judiciary. These are found in the following provisions:

    • The grant to the Judiciary of fiscal autonomy. “Appropriations for the Judiciary may not be reduced by the legislature below the amount appropriated for the previous year, and, after approval, shall be automatically and regularly released.” (Art. VIII, Sec. 3).
    • The grant to the Chief Justice of authority to augment any item in the general appropriation law for the Judiciary from savings in other items of said appropriation as authorized by law. (Art. VI, Sec. 25[5])
    • The removal from Congress of the power to deprive the Supreme Court of its jurisdiction over cases enumerated in Section 5 of Article VIII.
    • The grant to the Court of the power to appoint all officials and employees of the Judiciary in accordance with the Civil Service Law (Art. VIII, Sec. 5 [6])
    • The removal from the Commission of Appointments of the power to confirm appointments of justices and judges (Art. VIII, Sec. 8)
    • The removal from Congress of the power to reduce the compensation or salaries of the Justices and judges during their continuance in office. (Art. VIII, Sec. 10)
    • The prohibition against the removal of judges through legislative reorganization by providing that “(n)o law shall be passed reorganizing the Judiciary when it undermines the security of tenure of its members. (Art. VIII, Sec. 2)
    • The grant of sole authority to the Supreme Court to order the temporary detail of judges. (Art. VIII, Sec. 5[3])
    • The grant of sole authority to the Supreme Court to promulgate rules of procedure for the courts. (Art. VIII, Sec. 5[5])
    • The prohibition against designating members of the Judiciary to any agency performing quasi-judicial or administrative function. (Art. VIII, Sec. 12)
    • The grant of administrative supervision over the lower courts and its personnel in the Supreme Court. (Art. VIII, Sec. 6)

The Supreme Court under the present Constitution is composed of a Chief Justice and 14 Associate Justices. The members of the Court are appointed by the President from a list, prepared by the Judicial and Bar Council, of at least three nominees for every vacancy. This new process is intended to “de-politicize” the courts of justice, ensure the choice of competent judges, and fill existing vacancies without undue delay.

RevolutionaryGovernment

The Supreme Court Under
the Revolutionary Government

Shortly after assuming office as the seventh President of the Republic of the Philippines after the successful People Power Revolution, then President Corazon C. Aquino declared the existence of a revolutionary government under Proclamation No. 1 dated February 25, 1986. Among the more significant portions of this Proclamation was an instruction for “all appointive officials to submit their courtesy resignations beginning with the members of the Supreme Court.” The call was unprecedented, considering the separation of powers that the previous Constitutions had always ordained, but understandable considering the revolutionary nature of the post-People Power government. Heeding the call, the members of the Judiciary—from the Supreme Court to the Municipal Circuit Courts—placed their offices at the disposal of the President and submitted their resignations. President Corazon C, Aquino proceeded to reorganize the entire Court, appointing all 15 members.

On March 25, 1986, President Corazon Aquino, through Proclamation No. 3, also abolished the 1973 Constitution and put in place a Provisional “Freedom” Constitution. Under Article I, Section 2 of the Freedom Constitution, the provisions of the 1973 Constitution on the judiciary were adopted insofar as they were not inconsistent with Proclamation No. 3.

Article V of Proclamation No. 3 provided for the convening of a Constitutional Commission composed of 50 appointive members to draft a new constitution; this would be implemented by Proclamation No. 9. Under the leadership of retired SC Justice Cecilia Muñoz Palma as its President, the Constitutional Commission of 1986 submitted its output of to the people for ratification.

By a vote of 76.30%, the Filipino people then ratified the Constitution submitted to them in a national plebiscite on February 2, 1987.

President Aquino, other civilian officials, and members of the Armed Forces of the Philippines, upon the announcement of the ratification of the 1987 Constitution, swore allegiance to the new charter on February 11, 1987 thereby putting an end to the revolutionary government.

1973

The Supreme Court Under
the 1973 Constitution

The declaration of Martial Law through Proclamation No. 1081 by former President Ferdinand E, Marcos in 1972 brought about the transition from the 1935 Constitution to the 1973 Constitution. This transition had implications on the Court’s composition and functions.

This period also brought in many legal issues of transcendental importance and consequence. Among these were the legality of the ratification of a new Constitution, the assumption of the totality of government authority by President Marcos, and the power to review the factual basis for a declaration of Martial Law by the Chief Executive, among others. Also writ large during this period was the relationship between the Court and the Chief Executive who, under Amendment No. 6 to the 1973 Constitution, had assumed legislative powers even while an elected legislative body continued to function.

The 1973 Constitution increased the number of the members of the Supreme Court from 11 to 15, with a Chief Justice and 14 Associate Justices. The Justices of the Court were appointed by the President alone, without the consent, approval, or recommendation of any other body or officials.

Ayuntamiento

The Supreme Court of
the Second Republic

Following liberation from the Japanese occupation at the end of the Second World War and the Philippines’ subsequent independence from the United States, Republic Act No. 296 or the Judiciary Act of 1948 was enacted. This law grouped together the cases over which the Supreme Court could exercise exclusive jurisdiction for review on appeal, certiorari, or writ of error.

SupremeCourt

The Supreme Court During
the Commonwealth

Following the ratification of the 1935 Philippine Constitution in a plebiscite, the principle of separation of powers was adopted, not by express and specific provision to that effect, but by actual division of powers of the government—executive, legislative, and judicial—in different articles of the 1935 Constitution.

As in the United States, the judicial power was vested by the 1935 Constitution “in one Supreme Court and in such inferior courts as may be established by law.” It devolved on the Judiciary to determine whether the acts of the other two departments were in harmony with the fundamental law.

The Court during the Commonwealth was composed of “a Chief Justice and ten Associate Justices, and may sit en banc or in two divisions, unless otherwise provided by law.”

ArellanoCourt

The Establishment of
the Supreme Court of the Philippines

On June 11, 1901, the Second Philippine Commission passed Act No. 136 entitled “An Act Providing for the Organization of Courts in the Philippine Islands” formally establishing the Supreme Court of the Philippine Islands and creating Courts of First Instance and Justices of the Peace Courts throughout the land. The judicial organization established by the Act was conceived by the American lawyers in the Philippine Commission, with its basic structures patterned after similar organizations in the United States.

The Supreme Court created under the Act was composed of a Chief Justice and six Judges. Five members of the Court could form a quorum, and the concurrence of at least four members was necessary to pronounce a judgment.

Act No. 136 abolished the Audiencia established under General Order No. 20 and declared that the Supreme Court created by the Act be substituted in its place. This effectively severed any nexus between the present Supreme Court and the Audiencia.

The Anglo-American legal system under which the Supreme Court of the Philippine Islands was expected to operate was entirely different from the old Spanish system that Filipinos were familiar with. Adjustments had to be made; hence, the decisions of the Supreme Court during its early years reflected a blend of both the Anglo-American and Spanish systems. The jurisprudence was a gentle transition from the old order to the new.

VillamorHall

The Judicial System During
the American Occupation

After Spain’s defeat in the Spanish-American War in the late 1890s, The subsequent occupation by the Americans of the Philippine Islands paved the way for considerable changes in the control, disposition, and governance of the Islands.

The judicial system established during the regime of the military government functioned as an instrument of the executive—not of the judiciary—as an independent and separate branch of government. Secretary of State John Hay, on May 12, 1899, proposed a plan for a colonial government of the Philippine Islands which would give Filipinos the largest measure of self-government. The plan contemplated an independent judiciary manned by judges chosen from qualified locals and Americans.

On May 29, 1899, General Elwell Stephen Otis, Military Governor for the Philippines, issued General Order No. 20, reestablishing the Audiencia Teritorial de Manila which was to apply Spanish laws and jurisprudence recognized by the American military governor as continuing in force.

The Audiencia was composed of a presiding officer and eight members organized into two divisions: the sala de lo civil or the civil branch, and the sala de lo criminal or the criminal branch.

It was General Otis himself who personally selected the first appointees to the Audiencia. Cayetano L. Arellano was appointed President (equivalent to Chief Justice) of the Court, with Manuel Araullo as president of the sala de lo civil and Raymundo Melliza as president of the salo de lo criminal. Gregorio Araneta and Lt. Col. E.H. Crowder were appointed associate justices of the civil branch while Ambrosio Rianzares, Julio Llorente, Major R.W. Young, and Captain W.E. Brikhimer were designated associate justices of the criminal branch. Thus, the reestablished Audiencia became the first agency of the new insular government where Filipinos were appointed side by side with Americans.

SpanishRegime

The Judicial System Under
the Spanish Regime

During the early Spanish occupation, King Philip II established the Real Audiencia de Manila which was given not only judicial but legislative, executive, advisory, and administrative functions as well. Composed of the incumbent governor general as the presidente (presiding officer), four oidores (equivalent to associate justices), an asesor (legal adviser), an alguacil mayor (chief constable), among other officials, the Real Audiencia de Manila was both a trial and appellate court. It had exclusive original, concurrent original, and exclusive appellate jurisdictions.

Initially, the Audiencia was given a non-judicial role in the colonial administration, to deal with unforeseen problems within the territory that arose from time to time—it was given the power to supervise certain phases of ecclesiastical affairs as well as regulatory functions, such as fixing of prices at which merchants could sell their commodities. Likewise, the Audiencia had executive functions, like the allotment of lands to the settlers of newly established pueblos. However, by 1861, the Audiencia had ceased to perform these executive and administrative functions and had been restricted to the administration of justice.

When the Audiencia Territorial de Cebu was established in 1886, the name of the Real Audiencia de Manila was changed to Audiencia Territorial de Manila.

Map

The Judicial System of the
Pre-Colonization Filipinos

When the Spanish colonizers first arrived in the Philippine archipelago, they found the indigenous Filipinos without any written laws. The laws enforced were mainly derived from customs, usages, and tradition. These laws were believed to be God-given and were orally transmitted from generation to generation.

A remarkable feature of these customs and traditions was that they were found to be very similar to one another notwithstanding that they were observed in widely dispersed islands of the archipelago. There were no judges and lawyers who were trained formally in the law, although there were elders who devoted time to the study of the customs, usages, and traditions of their tribes to qualify them as consultants or advisers on these matters.

The unit of government of the indigenous Filipinos was the barangay, which was a family-based community of 30 to 100 families, occupying a pook (“locality” or “area”) headed by a chieftain called datu who exercised all functions of government—executive, legislative, and judicial—a barangay was not only a political but a social and an economic organization. In the exercise of his judicial authority, the datu acted as a judge (hukom) in settling disputes and deciding cases in his barangay.

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