The Final Verdict

“And poise the cause in justice’ equal scales, Whose beam stands sure, whose rightful cause prevails.” (William Shakespeare, King Henry VI 2.1.214-219)

 

On June 11, 1901, the Second Philippine Commission passed Act No. 136 entitled “An Act Providing for the Organization of Courts in the Philippine Islands” formally establishing the Supreme Court of the Philippine Islands and creating Courts of First Instance and Justices of the Peace Courts throughout the land. The judicial organization established by the Act was conceived by the American lawyers in the Philippine Commission and was patterned in its basic structures after similar organizations in the United States. The Supreme Court created under the Act was composed of a Chief Justice and six Judges. Five members of the Court could form a quorum, and the concurrence of at least four members was necessary to pronounce a judgment (https://sc.judiciary.gov.ph/387/).

 

During the Commonwealth (under the 1935 Constitution) the composition of the Court was increased from 7 to 11 members composed of a Chief Justice and ten Associate Justices, and may sit en banc or in two divisions. While the 1973 Constitution increased the number of the members of the Supreme Court from 11 to 15, with a Chief Justice and 14 Associate Justices. Under the present Constitution (1987 Constitution) the members of the Supreme Court remain to be 15.

 

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 the courts below it, 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.

The Supreme Court of the Philippines has both original and appellate jurisdictions. It exercises original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, habeas corpus, writs of amparo, habeas data, and the writ of kalikasan.

 

On the other hand, it has appellate jurisdiction to review, revise, reverse, modify, or affirm final judgments, and orders of the lower courts in the following: (1) all cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question; (2) all cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto; (3) all cases in which the jurisdiction of any lower court is in issue; (4) all criminal cases in which the penalty imposed is reclusion perpetua or higher; and (5) all cases in which only an error or question of law is involved.

 

Aside from its power of judicial review, the Supreme Court of the Philippines also has the exclusive power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, and the integrated bar.

The Supreme Court of the Philippines, the highest court of the land, the final judicial tribunal, the final arbiter, has the final verdict.

 

Starting today we will cite landmark cases of the High Court in this section “THE FINAL VERDICT” for those who might be interested to have a glimpse on how the Supreme Court had banged its gavel and penned on judicial controversies that have reached its tribunal.

 

The Philippine Judiciary Foundation, 2011. The History of the Supreme Court. Supreme Court of the Philippines, Manila.

 

The 1935 Constitution.

The 1973 Constitution.

The 1987 Constitution.