Justice Caguioa to IBP: No One is Above the Law

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September 8, 2023

Supreme Court Associate Justice Alfredo Benjamin S. Caguioa delivers the keynote address at the “2^nd Investigating Commissioners’ Summit” of the Integrated Bar of the Philippines–Commission on Bar Discipline on September 8, 2023 at the Manila Prince Hotel in Ermita, Manila. (Courtesy of the Supreme Court Public Information Office)

Supreme Court (SC) Associate Justice Alfredo Benjamin S. Caguioa reminded lawyers of their duty to uphold the rule of law and to pursue honest and effective justice, while being guided by the Code of Professional Responsibility and Accountability (CPRA).

In his keynote address at the 2^nd Investigating Commissioners’ Summit of the Integrated Bar of the Philippines–Commission on Bar Discipline (IBP-CBD) on September 8, 2023, at the Manila Prince Hotel in Ermita, Manila, Justice Caguioa emphasized: “No one is above the law, least of all those who are duty-bound to uphold it.”

Justice Caguioa is the Chairperson of the SC Sub-Committee on the IBP Oversight. Addressing the 144 new Investigating Commissioners, he stated: “Those of us who are clothed with the competence to ensure fairness and justice cannot be the first to outsource a sense of right and wrong.”

In closing, he expressed gratitude to the Investigating Commissioners on behalf of the Court and encouraged them, saying, “the fruit of your labor is an essential precondition for any truly good society, where the welfare of the many comes first and the rule of law prevails.”

Chief Justice Alexander G. Gesmundo administered the oath of office to the new Investigating Commissioners.

Canon VI, Section 4 of the CPRA mandates the IBP to recommend to the SC 150 lawyers in good standing and repute from the IBP’s nine regions who will serve as Investigating Commissioners for a term of three years. The Commissioners are tasked to expedite the resolution of administrative cases against members of the Bar and make recommendations to the Court En Banc. (Courtesy of the Supreme Court Public Information Office)

Supreme Court Associate Justice Alfredo Benjamin S. Caguioa (right) is presented a token of appreciation by Atty. Allan G. Panolong, Integrated Bar of the Philippines (IBP) Executive Vice President and Governor for Western Mindanao, for serving as the keynote speaker at the “2^nd Investigating Commissioners’ Summit” of the IBP–Commission on Bar Discipline on September 8, 2023 at the Manila Prince Hotel in Ermita, Manila. (Courtesy of the Supreme Court Public Information Office)

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Supreme Court of the Philippines

Padre Faura St., Ermita, Manila
Philippines 1000

Contact Info

For queries and comments,
please email us at:

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chiefjusticehelpdesk@
judiciary.gov.ph

Or call us at:

+63 2 8552-9644 | +63 908 850-0919

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Supreme Court of the Philippines

Padre Faura St., Ermita, Manila
Philippines 1000

Contact Info

For queries and comments,
please email us at:

pio.sc@judiciary.gov.ph
chiefjusticehelpdesk@
judiciary.gov.ph

Or call us at:

+63 2 8552-9644
+63 908 850-0919

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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).

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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.

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.

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