Separation of Powers in Philippine Constitution

Separation of Powers

Separation of Powers is a constitutional law doctrine
Different branches of government are kept separate
Each branch has its own powers
Branches are generally not allowed to exercise the powers of other branches

Judicial Branch

Article VIII Section of the 1987 Philippine Constitution vests judicial power
Vested in one Supreme Court and lower courts established by law
The judicial branch interprets laws, applies them to cases, and decides if laws violate the Constitution

Section 1

Judicial power is vested in one Supreme Court and lower courts
Established by law

Judicial Power

Settling legal conflicts over enforceable rights
Determining if a branch or instrumentality of the government has abused its discretion , resulting in a lack or excess of jurisdiction

Section 3

Judiciary enjoys fiscal autonomy

Section 4.1

Supreme Court is composed of a Chief Justice and 14 Associate Justices
Supreme Court can sit en banc or in divisions of 3, 5, or 7 members

Chief Justice Alexander Gesmundo

27th Chief Justice of the Supreme Court

Chief Justice Cayetano L. Arellano

First Chief Justice of the Supreme Court

Section 5

Supreme Court's powers include:
- Original jurisdiction over cases involving ambassadors, public ministers, consuls, and petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus
  - Certiorari: Latin word meaning "to be informed of, or to be made certain", related to reviewing trial court actions
  - Petition for Writ of Certiorari: A document filed by a losing party, asking the Supreme Court to review a lower court's decision. It includes information about the case, questions for review, and arguments for the Supreme Court to grant the writ.
  - Writ of Certiorari: A Supreme Court decision to hear an appeal from a lower court.
- Mandamus: A court order to a lower court to take action as per the law, when there is no other remedy.
- Quo warranto: A legal procedure used to challenge an individual's right to a position or authority.
- Habeas corpus: A legal action to report unlawful detention or imprisonment, asking the court to order the custodian to bring the detained person to court. The writ may be temporarily suspended in times of invasion or rebellion when necessary to keep public safety.
- Reviewing, revising, reversing, modifying, or affirming lower court final judgments and orders
- Reviewing cases involving the constitutionality of treaties, international agreements, laws, presidential decrees, proclamations, orders, instructions, ordinances, or regulations
- Reviewing cases involving the legality of taxes, imposts, assessments, or tolls, or any penalties imposed in relation thereto
- Reviewing cases where lower court jurisdiction is in question
- Reviewing criminal cases with penalties of reclusion perpetua or higher
- Reviewing cases with errors or questions of law

Section 5 (continued)

Supreme Court's powers include:
- Assigning lower court judges temporarily to other stations. This won't be more than six months without the consent of the judge concerned.
- Ordering a change of venue or place of trial to prevent miscarriage of justice
Promulgating rules concerning the constitutional rights, pleading, procedure in all courts, admission to the practice of law, the integrated bar, and legal assistance to the underprivileged.

Section 6

Supreme Court's administrative supervision over all courts and their personnel

###Section 7.1

Supreme Court and lower collegiate court members must be natural-born Filipinos
Supreme Court members must be at least 40 years old and (currently) have been judges of lower court or practiced law in the Philippines for at least 15 years

Section 7.2

Congress defines qualifications for lower court judges.
Judges of lower courts must be citizens and members of the Philippine Bar.

Section 7.3

Members of the Judiciary must have proven competency, integrity, probity and independence

Section 8.1

Judicial and Bar Council is created under Supreme Court supervision
Comprised of the Chief Justice (as chairman), the Secretary of Justice
Representatives of Congress, Integrated Bar, professors of law, retired Supreme Court members, and a private sector representative.

Section 8.2

Regular members of the Judicial and Bar Council are appointed by the president for a four-year term. Their terms are staggered.

Section 9

Supreme Court and lower court judges are appointed by the president
From a shortlist of at least three nominees provided by the Judicial and Bar Council - No confirmation needed for these appointments

Philippine Court System

Special courts address a specific area of law or have defined powers
Examples: Sandiganbayan, Court of Tax Appeals, Shari'a District Courts, and Shari'a Circuit Courts. Specific courts apply to Muslim Filipinos (Shari'a) and government employees or corporations (Sandiganbayan) - Sandiganbayan: Special court with jurisdiction over civil cases involving graft, corruption, and offenses of government officers and employees of government owned or controlled corporations. - Court of Tax Appeals: Has exclusive jurisdiction over appellate cases involving civil and criminal tax matters - Shari'a Courts: Equivalent to Regional Trial Courts, in areas of Mindanao, when exercising jurisdiction regarding the Muslim Code on Personal Laws.

Specific Court Levels

Second Level Courts (Regional Trial Courts): Established amongst the 13 judicial regions (Regions I-XII, and NCR).
First Level Courts (Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts): Each city and municipality in Philippines has its own court. Usually, the lowest level in the court system.
Shari'a District and Circuit Courts: Equivalent to regional trial courts. These courts operate in provinces of Mindanao where Muslim code on personal laws are being enforced.

Additional Information

The Supreme Court has both original and appellate jurisdiction
- Original jurisdiction: Cases filed directly with the Supreme Court, without going through lower courts
  - Cases involving ambassadors, public ministers, and consuls
  - Petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus
  - Writs of amparo, habeas data, and environmental writ of kalikasan
The Court of Appeals' function is to exercise appellate jurisdiction over cases not under the Supreme Court's original jurisdiction.