February 2023 – Page 2 – Supreme Court of the Philippines

Privacy Statement

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

By submitting your concern or request to us via the Query Form and ticking the box signifying your agreement to the processing and disclosure of personal data, you agree to the collection, use, disclosure, and processing of your personal data for legitimate purposes and in accordance with our mandate.

What personal data do we collect?

The following personal data may be collected through the Query Form and/or by the website analytics:

(a) full name
(b) mobile number
(c) e-mail address
(d) age
(e) gender
(f) nationality

The foregoing complies with the requirement under the Data Privacy Regulations that the privacy notice should provide a “description of the personal data to be entered into the system.

Why do we collect your personal data?

The foregoing personal data shall be processed for the following purposes:

(a) for the proper processing of requests;
(b) to contact you to respond to queries/requests;
(c) for demographics analysis;
(d) for other purposes pursuant to the performance of the functions of the Supreme Court and its offices; and/or
(e) as required by law.

The foregoing complies with the requirement under the Data Privacy Regulations that the privacy notice should provide the “purposes for which the personal data are being or will be processed, including processing for direct marketing, profiling or historical, statistical or scientific purpose.

How do we process your personal data?

Personal data collected shall be processed for purposes of determining the profile of SC website users for reference in helping the Supreme Court in effectively managing the SC website as well as in the SC’s dissemination of information to the public.

Personal data will be collected online based on the information and digital/uploaded documents, if any, provided by the data subjects. The personal data will then be stored and further processed in an electronic form.

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

Google Analytics

The Supreme Court website uses Google Analytics to gather anonymous statistical information from site visitors. Such data are used by the Supreme Court to improve website user experience. You may read about Google Analytics in this link: https://www.avast.com/c-how-google-uses-your-data

You may also choose not to allow Google to collect your information by clicking this link: https://www.avast.com/c-how-google-uses-your-data – please scroll down to ask Google to delete your data

How do we protect your personal data?

The foregoing personal data shall be captured, stored, and retrieved by the Supreme Court and its offices as may be necessary and with utmost security and confidentiality.

How do we retain your personal data?

The collected personal data shall be stored in the Supreme Court server. Such personal data shall not be shared to unauthorized persons.

How long will we keep your personal data?

Such personal data shall be retained for a period of one year. For exceptional circumstances, the data may be retained for as long as needed in the performance of the functions of the Supreme Court and its offices.

Under the Data Privacy Regulations, retention of personal data shall only be for as long as necessary:

a) for the fulfillment of the declared, specified, and legitimate purpose, or when the processing relevant to the purpose has been terminated;

b) for the establishment, exercise or defense of legal claims; or

c) for legitimate business purposes, which must be consistent with standards followed by the applicable industry or approved by appropriate government agency.

However, personal data originally collected for a declared, specified, or legitimate purpose may be processed further for historical, statistical, or scientific purposes, and, in cases laid down in law, may be stored for longer periods, subject to implementation of the appropriate organizational, physical, and technical security measures

How do we dispose of the collected personal data after the retention period?

Your personal data shall be retained: (a) only until your requests or concerns are addressed; or (ii) for a longer period, in exceptional cases, such as when legal issues arise from your requests or concerns or its processing, after which the personal data shall be anonymized and/or expunged. In all cases, your personal data will be stored in a secure manner to ensure its confidentiality, integrity, and availability.

What are your rights as a data subject?

Under the Data Privacy Regulations, you are entitled to the following rights as data subject, which you may exercise at your discretion:

a) The right to be informed

You have the right to be informed whether personal data pertaining to you shall be, are being or have been processed.

b) The right to access

Under the DPA, individuals can request access to any of their personal data held by the Supreme Court, subject to certain restrictions. Any such request should be addressed to the Data Protection Officer.

c) The right to object

You have a right to object to the processing of your personal data, including processing for direct marketing, automated processing or profiling.

d) The right to erasure or blocking

You have the right to suspend, withdraw or order the blocking, removal, or destruction of your personal data from the Supreme Court’s filing system subject to the provisions of the Data Privacy Regulations.

e) The right to damages

You have the right to be indemnified for any damages sustained due to inaccurate, incomplete, outdated, false, unlawfully obtained, or unauthorized use of personal data, considering any violation of your rights and freedoms as data subject.

f) The right to file a complaint before the National Privacy Commission (NPC)

If you feel that your rights have been violated or your personal data has been misused, maliciously disclosed, or improperly disposed of, you have the right to file a complaint before the NPC.

g) The right to rectification

You have the right to dispute any inaccuracy or error in your personal data and have the Supreme Court correct it immediately, unless the request is vexatious or unreasonable.

h) The right to data portability

You have the right to obtain a copy of your data in an electronic or structured format that is commonly used and allows for further use by the data subject.

Changes to our Privacy Notice:

The Privacy Notice may be updated from time to time. If material changes to the Query Form 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 07, 2023.

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:

SUPREME COURT COMMITTEE ON DATA PRIVACY
Supreme Court of the Philippines
Padre Faura St., Ermita, Manila
Philippines 1000
+63 908 850-0919 / +63 2 8552-9644
pio.sc@judiciary.gov.ph / chiefjusticehelpdesk@judiciary.gov.ph

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.