Professional Documents
Culture Documents
On June 21, 1988, the Supreme Court promulgated the Code of Professional Responsibility for the legal
profession. The draft was prepared by the Committee on Responsibility, Discipline and Disbarment of the
Integrated Bar of the Philippines.
APPOINTMENTS TO THE JUDICIARY
By virtue of Article VIII, Section 8, appointments to the judiciary are made by the President of the
Philippines based on a list submitted by the Judicial and Bar Council which is under the supervision of the
Supreme Court. Its principal function is to screen prospective appointees to any judicial post. It is
composed of the chief justice as ex-officio chairman, the Secretary of Justice and representatives of
Congress as ex-officio members, and a representative of the Integrated Bar, a professor of law, a retired
member of the Supreme Court and a representative of the private sector as members.
KATARUNGANG PAMBARANGAY
Presidential Decree No. 1508, or the Katarungang Pambarangay Law, took effect on December 11, 1978,
and established a system of amicably settling disputes at the barangay level. This decree and the Local
Government Code provided rules and procedures, Title I, Chapter 7, Sections 339-422. This system of
amicable settlement of dispute aims to promote the speedy administration of justice by easing the
congestion of court dockets. The court does not take cognizance of cases filed if they are not filed first
with the Katarungang Pambarangay.
ALTERNATIVE DISPUTE RESOLUTION (ADR) SYSTEM
Republic Act No. 9285 institutionalized the use of an alternative dispute resolution system, which serves to
promote the speedy and impartial administration of justice and unclog the court dockets. This act shall be
without prejudice to the adoption of the Supreme Court of any ADR system such as mediation, conciliation,
arbitration or any combination thereof.
Royal audencia
The royal audencia was established on May 5, 1583, composed of a president, four oidores (justices) and a
fiscal. The audencia exercised both administrative and judicial functions. Its functions and structure were
modified in 1815 when a chief justice replaced its president and the number of justices was increased. It
came to be known as the Audencia Territorial de Manila with two branches, civil and criminal. A royal
decree issued on July 24, 1861 converted it to a purely judicial body with its decisions appealable to the
Court of Spain in Madrid. A territorial audencia in Cebu, and audencia for criminal cases in Vigan were
organized on February 26, 1898.
Philippine Revolution and First Republic
In the three phases of the revolution: 1896-1897; 1898; 1899-1901, the exigencies of war prevented the
thorough organization of the administration of justice. Katipunan councils, then the provisional
governments of Tejeros, Biak-na-Bato, and the Revolutionary Republic proclaimed in Kawit, essentially had
General Emilio Aguinaldo exercising decree-making powers instituting ad hoc courts and reviewing any
appeals concerning their decisions.
In 1899, when the Malolos Constitution was ratified, it provided for a Supreme Court of Justice. President
Aguinaldo proposed the appointment of Apolinario Mabini as Chief Justice, but the appointment and the
convening of the Supreme Court of Justice never materialized because of the Philippine-American War.
American military rule
During the Philippine-American War, General Wesley Merrit suspended the audencias when a military
government was established after Manila fell to American forces in August, 1898. Major General Elwell S.
Otis re-established the Audencia on May 29, 1899 by virtue of General Order No. 20, which provided for six
Filipino members of the audencia.
Establishment of the Supreme Court
With the establishment of civil government, Act No. 136 of the Philippine Commission abolished the
audencia and established the present Supreme Court on June 11, 1901, with Cayetano Arellano as the first
chief justice together with associate justicesthe majority of whom were Americans.
Commonwealth: Filipinization of the Supreme Court
With the ratification of the 1935 Constitution, the membership was increased to 11 with two divisions of
five members each. The Supreme Court was Filipinized upon the inauguration of the Commonwealth of the
Philippines on November 15, 1935. The composition of the court was reduced by virtue of Commonwealth
Act No. 3. It provided for a Supreme Court, headed by a chief justice with six associate justices.
World War II and the Third Republic
During World War II, the National Assembly passed legislation granting emergency powers to President
Manuel L. Quezon; Chief Justice Jose Abad Santos was made concurrent Secretary of Justice and acting
President of the Philippines in unoccupied areas. After his capture and execution at the hands of the
Japanese, the Commonwealth government-in-exile had no system of courts.
Meanwhile, the Japanese organized the Philippine Executive Commission in occupied areas on January 8,
1942, which gave way to the Second Republic in October 14, 1943. By the end of World War II, the regular
function of the courts had been restored, beginning with the appointment of a new Supreme Court on June
6, 1945. On September 17, 1945, the laws of the Second Republic were declared null and void; a Supreme
Court decision on Co Kim Cham v. Eusebio Valdez Tan Keh and Arsenio P. Dizon recognized this.
Martial law
The Supreme Court was retained during the martial law years under rules similar to the 1935 Constitution,
but with the exception few key factors, e.g.:
1. The 1973 Constitution further increased the membership of the Supreme Court to 15, with two
divisions;
2. The process by which a chief justice and associate justices are appointed was changed under to
grant the president (Ferdinand Marcos during this time) the sole authority to appoint members of
the Supreme Court. There were five chief justices that were appointed under this provision.
the Committee on Revision of Rules. The Court also issues administrative rules and regulations in the form of court issuances posted
on the Supreme Court E-Library website.
o Ramon C. Aquino
6. Corazon C. Aquino
o Claudio Teehankee
o Pedro L. Yap
o Marcelo B. Fernan
o Andres R. Narvasa
7. Joseph Ejercito Estrada
o Hilario G. Davide
8. Gloria Macapagal Arroyo
o Artemio Panganiban
o Reynato Puno
o Renato C. Corona
9. Benigno S. Aquino III
o Maria Lourdes P.A. Sereno
10.
11. Notable chief justices
12. Of the list of chief justices, there are a few individuals that stand out for having gone above and
beyond their duty and tenure as chief justice.
1. Cayetano Arellano: Cayetano Arellano was the first Chief Justice of the Supreme Court. He was
appointed in 1901 when the Supreme Court was created through Act No. 136, along with three
American justices and one Filipino justice.
2. Ramon Avancea: Appointed in 1925 by U.S. President Calvin Coolidge, he is known for ushering
in an all-Filipino Supreme Court in 1935. Upon the establishment of the Philippine Commonwealth in
1935, American justices were no longer allowed to sit in the Philippine Supreme Courtthus, new
justices were appointed, all of whom were of Filipino citizenship.
3. Jose Abad Santos: As a wartime chief justice, Abad Santos took on two different roles; he was the
chief justice and concurrently the Secretary of Justice. When President Quezon left the Philippines to
evade capture by the Japanese, Abad Santos chose to stay in the country as a caretaker of the
government. On May 2, 1942, the Japanese military caught Abad Santos in Cebu and invited him to
become one of the members of their puppet government. Abad Santos refused to collaborate. He
died at the hands of the Japanese on May 2, 1942. His last words to his son were, Do not cry,
Pepito, show to these people that you are brave. It is an honor to die for ones country. Not
everybody has that chance.
4. Manuel V. Moran: Appointed in 1945 by President Sergio Osmea, Manuel V. Moran would serve
as Chief Justice of the Supreme Court for six years. Upon his retirement in 1951, Moran was
appointed as Philippine Ambassador to Spain and concurrently to the Holy See. During President
Quirinos administration, Moran was once again offered a position in the Supreme Court in 1953, at
the twilight of Quirinos presidency. Moran, however, refused the midnight appointment.
5. Roberto V. Concepcion: He went into early retirement for refusing to grant absolute power to
Ferdinand Marcos, the president who appointed him. In the resolution ofJavellana v. Executive
Secretary, Concepcion argued against the validity of the 1973 Constitution and its questionable
aspects. Accordingly, he dissented, along with Justices Teehankee, Zaldivar, and Fernando, from
implementing the 1973 Constitution. Due to the courts decision, Concepcion would enter early
retirement, 50 days before his originally scheduled retirement date.
6. Claudio Teehankee: Claudio Teehankee was known for his firm anti-martial law stance during his
tenure in the Supreme Court. Teehankee resisted multiple attempts by the Marcos administration to
garner absolute power by issuing questionable decrees. In 1973, he was part of the bloc that
dissented from the implementation of the 1973 Constitution. In 1980, he dissented from the
proposed judicial reorganization act of President Marcos. In 1986, after the EDSA Revolution, he
administered the Oath of Office of President Corazon C. Aquino in Club Filipino. He was appointed
Chief Justice of the Supreme Court in 1986 by President Corazon C. Aquino
7. Hilario G. Davide: Appointed by President Joseph Ejercito Estrada in 1998, Chief Justice Hilario G.
Davide was known as the presiding judge of the first impeachment proceedings in Asia. During the
impeachment of President Estrada, he conducted proceedings with impartiality. Following EDSA II
uprising, which deposed President Estrada, Davide swore in Gloria Macapagal-Arroyo as the 14th
President of the Philippines.
8. Maria Lourdes P.A. Sereno: Appointed by President Benigno S. Aquino III in 2012, Chief Justice
Sereno is the first woman appointed to the position.
13.
14. Court of Appeals
15. The Court of Appeals is the second highest tribunal in the country, which was established on
February 1, 1936 by virtue of Commonwealth Act No. 3. The current form of the Court of Appeals
was constituted through Batas Pambansa Blg. 129, as amended by Executive Order No. 33, s. 1986,
Republic Act No. 7902, and Republic Act No. 8246.
16. The jurisdiction of the Court of Appeals are as follows:
1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo
warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of Regional
Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission.
17. The Court of Appeals shall also have the power to try cases and conduct hearings, receive evidence
and perform acts necessary to resolve factual issues raised in cases falling within its original and
appellate jurisdiction, including the power to grant and conduct new trials or proceedings.
18. The Court of Appeals is composed of one presiding justice and 68 associate justices, all of which are
appointed by the President from a shortlist submitted by the Judicial and Bar Council. The associate
justices shall have precedence according to the dates (or order, in case of similar appointment
dates) of their respective appointments. The qualifications for the justices of the Supreme Court
also apply to members of the Court of Appeals.
19. The current presiding justice of the Court of Appeals is Andres Reyes Jr., who is set to retire on May
11, 2020.
20. Court of Tax Appeals
21. The Court of Tax Appeals (CTA), which is of the same level as the Court of Appeals, was created by
virtue of Republic Act No. 1125, which was signed into law on June 16, 1954. Its present-day form
was constituted through RA 1125, as amended by Republic Act No. 9282 and Republic Act No. 9503.
22. The CTA exercises jurisdiction in the following:
1. Exclusive appellate jurisdiction to review by appeal, as herein provided:
1. Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments,
refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or
other matters arising under the National Internal Revenue or other laws administered by the
Bureau of Internal Revenue;
2. Inaction by the Commissioner of Internal Revenue in cases involving disputed assessments,
refunds of internal revenue taxes, fees or other charges, penalties in relations thereto, or
other matters arising under the National Internal Revenue Code or other laws administered
by the Bureau of Internal Revenue, where the National Internal Revenue Code provides a
specific period of action, in which case the inaction shall be deemed a denial;
3. Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally
decided or resolved by them in the exercise of their original or appellate jurisdiction;
4. Decisions of the Commissioner of Customs in cases involving liability for customs duties,
fees or other money charges, seizure, detention or release of property affected, fines,
forfeitures or other penalties in relation thereto, or other matters arising under the Customs
Law or other laws administered by the Bureau of Customs;
5. Decisions of the Central Board of Assessment Appeals in the exercise of its appellate
jurisdiction over cases involving the assessment and taxation of real property originally
decided by the provincial or city board of assessment appeals;
6. Decisions of the Secretary of Finance on customs cases elevated to him automatically for
review from decisions of the Commissioner of Customs which are adverse to the
Government under Section 2315 of the Tariff and Customs Code;
7. Decisions of the Secretary of Trade and Industry, in the case of non-agricultural product,
commodity or article, and the Secretary of Agriculture in the case of agricultural product,
commodity or article, involving dumping and countervailing duties under Section 301 and
302, respectively, of the Tariff and Customs Code, and safeguard measures under Republic
Act No. 8800, where either party may appeal the decision to impose or not to impose said
duties.
23.
24.
25.
26.
2. Jurisdiction over cases involving criminal offenses as herein provided:
1. Exclusive original jurisdiction over all criminal offenses arising from violations of the National
Internal Revenue Code or Tariff and Customs Code and other laws administered by the
Bureau of Internal Revenue or the Bureau of Customs: Provided, however, that offenses or
felonies mentioned in this paragraph where the principal amount of taxes and fees,
exclusive of charges and penalties, claimed is less than P1 million or where there is no
specified amount claimed shall be tried by the regular courts and the jurisdiction of the CTA
shall be appellate.
2. Exclusive appellate jurisdiction in criminal offenses:
1. Over appeals from the judgments, resolutions or orders of the Regional Trial Courts in
tax cases originally decided by them, in their respective territorial jurisdiction.
2. Over petitions for review of the judgments, resolutions or orders of the Regional Trial
Courts in the exercise of their appellate jurisdiction over tax cases originally decided
by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial
Courts in their respective jurisdiction.
3. Jurisdiction over tax collection cases as herein provided:
1. Exclusive original jurisdiction in tax collection cases involving final and
executory assessments for taxes, fees, charges and penalties: Provided,
however, that collection cases where the principal amount of taxes and fees,
exclusive of charges and penalties, claimed is less than P1 million shall be
tried by the proper Municipal Trial Court, Metropolitan Trial Court and Regional
Trial Court.
2. Exclusive appellate jurisdiction in tax collection cases:
1. Over appeals from the judgments, resolutions or orders of the Regional
Trial Courts in tax collection cases originally decided by them, in their
respective territorial jurisdiction.
2. Over petitions for review of the judgments, resolutions or orders of the
Regional Trial Courts in the Exercise of their appellate jurisdiction over
tax collection cases originally decided by the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts, in their
respective jurisdiction.
27. The CTA is composed of one presiding justice and 8 associate justices, all of which are appointed by
the President from a shortlist submitted by the Judicial and Bar Council. The associate justices shall
have precedence according to the dates (or order, in case of similar appointment dates) of their
respective appointments. The qualifications for the justices of the Court of Appeals also apply to
members of the CTA.
28. The current presiding justice of the CTA is Roman del Rosario, who is set to retire on October 6,
2025.
29. Sandiganbayan
30. To attain the highest norms of official conduct among officials and employees in the government,
the creation of a special graft court to be known as the Sandiganbayan was provided for in Article
XIII, Section 5 of the 1973 Constitution. This court was formally established through Presidential
Decree No. 1606, which was signed into law on December 10, 1978.
31. Through Article XI (Accountability of Public Officers), Section 4 of the 1987 Constitution, the
Sandiganbayan was carried over to the post-EDSA Revolution republic. The current form of the
Sandiganbayan was constituted through PD 1606, s. 1978, as amended by Republic Act No. 7975
and Republic Act No. 8245.
32. The Sandiganbayan has jurisdiction over the following:
1. Violations of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act, as amended, and
Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused
are officials occupying the following positions in the government whether in a permanent, acting or
interim capacity, at the time of the commission of the offense:
33.
1. Officials of the executive branch occupying the positions of regional director and higher,
otherwise classified as grade 27 and higher, of the Compensation and Position Classification
Act of 1989 (Republic Act No. 6758), specifically including:
1. Provincial governors, vice-governors, members of the sangguniang panlalawigan and
provincial treasurers, assessors, engineers and other provincial department heads;
2. City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers,
assessors engineers and other city department heads;
3. Officials of the diplomatic service occupying the position of consul and higher;
4. Philippine army and air force colonels, naval captains, and all officers of higher rank;
5. Officers of the Philippine National Police while occupying the position of provincial
director and those holding the rank of senior superintendent or higher;
6. City and provincial prosecutors and their assistants, and officials and prosecutors in
the Office of the Ombudsman and special prosecutor;
7. Presidents, directors or trustees, or managers of government-owned or -controlled
corporations, state universities or educational institutions or foundations;
2. Members of Congress and officials thereof classified as grade 27 and up under the
Compensation and Position Classification Act of 1989;
3. Members of the judiciary without prejudice to the provisions of the constitution;
4. Chairmen and members of constitutional commissions, without prejudice to the provisions of
the constitution; and
5. All other national and local officials classified as Grade 27 and higher under the
Compensation and Position Classification Act of 1989.
2. Other offenses or felonies whether simple or complexed with other crimes committed by the public
officials and employees mentioned in subsection a of this section in relation to their office.
3. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1,
2, 14 and 14-A, s. 1986.
34. In addition, the Sandiganbayan exercises exclusive appellate jurisdiction over final judgments,
resolutions or orders or regional trial courts whether in the exercise of their own original jurisdiction
or of their appellate jurisdiction as herein provided.
35. The Sandiganbayan also has exclusive original jurisdiction over petitions for the issuance of the
writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and
processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo
warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos.
1,2,14 and 14-A issued in 1986.
36. In case private individuals are charged as co-principals, accomplices or accessories with the public
officers or employees, including those employed in govemment-owned or controlled corporations,
they shall be tried jointly with said public officers and employees in the proper courts which shall
exercise exclusive jurisdiction over them.
37. The Sandiganbayan comprises of one presiding justice and 14 associate justices, all of which are
appointed by the President from a shortlist submitted by the Judicial and Bar Council. The associate
justices shall have precedence according to the dates (or order, in case of similar appointment
dates) of their respective appointments.
38. The qualifications to become a member of the Sandiganbayan are as follows:
1. a natural-born citizen of the Philippines;
2. at least 40 years of age
3. has been a judge of a court for at least ten years, or been engaged in the practice of law in the
Philippines or has held office requiring admission to the bar as a prerequisite for at least ten years.
39. The current presiding justice of the Sandiganbayan is Amparo Cabotaje-Tang, who is set to retire on
November 8, 2024.
40.