Judiciary of the Philippines
The Supreme Court has expansive powers, able to overrule political and administrative decisions, and with the ability to craft rules and law without precedent.
It further determines the rules of procedure for lower courts, and its members sit on electoral tribunals.
The Supreme Court was given its expansive powers following a period of martial law, where the Executive dominated.
[1]: 39 The court has expansive powers and a constitutional responsibility to oversee other branches of government, able even to overrule the discretion of political and administrative individuals and bodies.
This power is a response to a previous period of martial law during which the courts often declined to act against the Executive.
[3]: 10874 The 1987 constitution gives the Supreme Court "original jurisdiction on cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus".
[4][1]: 48 It is the appellate court for cases where "the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question", for the "legality of any tax" and related matters, where the "jurisdiction of any lower court is in issue", "criminal cases where the penalty is reclusión perpetua or higher", and "in which only an error or question of law is involved".
[2]: 367–368 The Oposa v. Factoran case, centered on environmental protection, saw the court recognize the rights of future generations.
[5] Writs of amparo and habeas data were approved in 2007, to better enable courts to deal with extrajudicial killings and disappearances.
[3]: 10866 In 2015 the court recognized the standing of cetaceans, including "toothed whales, dolphins, [and] porpoises",[5][11] who while lacking independent legal personality could be represented by Philippine citizens,[12] in a case regarding oil exploration in the Tañon Strait.
The decision came following a case lasting eight years, ending long after the oil exploration had already ceased.
[16] The Court of Appeals (CA) is the appellate court for civil and criminal cases not involving actions related to governing the country, and has original jurisdiction on issuance of writs of mandamus, prohibition, injunction, certiorari, habeas corpus and other auxiliary writs.
[1]: 45, 101 First-level courts have original jurisdiction on criminal matters, except on those where the Sandiganbayan and Regional Trial Courts have original jurisdiction on, on violations of city or municipal ordinances, on certain civil cases, and on cases involving forcible entry.
[1]: 7 Some regional courts are specifically assigned to handle certain types of cases with their relevant geographical area.
[1]: 42 They are equivalent to regional trial courts,[17] and were established under the "Code of Muslim Personal Laws of the Philippines" (Presidential Decree No.
[24]: 4–5 [25] One exception is that cases can be filed in Sharia courts by non-Muslim women married to a Muslim man through Islamic rites.
[29] The composition of the six representatives from both houses should reflect the proportional distribution of political parties in Congress.
For the Supreme Court, the President is required to select justices from a shortlist prepared by the JBC, which must include at least three people.
[23] The JBC was created to further separate the judiciary from political influence, with judges previously being approved by Congress.
[3]: 10875–10876 The constitution prevents the President from appointing individuals in the last two months of their term, however a 2010 Supreme Court ruling established that this prohibition did not apply to judicial appointments, overturning previous court rulings under which the prohibition did apply.
This majority for this ruling consisted of appointees of President Gloria Macapagal Arroyo, whose unusually long term in office undermined some of the constitutional guards against undue Presidential influence in other branches of government.
[31] The Office of the Solicitor General is an independent body that represents the government in legal cases.
