READINGS IN PHILIPPINE HISTORY
Cuanan, Fragatta, Garcia, Gemino
GUARDIANS OF JUSTICE: THE 1987 PHILIPPINE CONSTITUTION
AND THE JUDICIAL BRANCH
Exploring the foundational principles of the Philippine judiciary as enshrined in the 1987
Constitution and its role in upholding justice and democracy.
STRUCTURE OF THE JUDICIAL BRANCH
OVERVIEW
Judicial power rests with the
Supreme Court and lower
courts, established by law. Their
duty:
are settling actual
controversies involving legally
demandable and enforceable
rights.
Supreme Court
Lower Courts
Court of Appeals
Sandiganbayan
Court of Tax Appeals
Regional Trial Courts
Metropolitan Trial Courts
Municipal Trial Courts
Municipal Circuit Trial
Courts
Shari’a Court
have jurisdiction over
cases involving Islamic
personal laws.
COMPOSITION
OF THE SUPREME COURT
KEY POWERS OF THE SUPREME
One
Chief Justice
COURT
Jurisdiction:
Over cases involving ambassadors, treaties,
taxes, and more.
Review:
Final judgments and orders of lower courts.
Rule-Making:
Promulgation of rules for legal proceedings.
Personnel Appointment:
Responsibility
for
appointing
judiciary
officials.
Fourteen
Associate Justices
Current
Chief Justice
Alexander
Gesmundo
27th chief justice of
the Supreme Court
CURRENT ISSUES ON THE PRESENT JUDICIAL BRANCH
Judicial Independence
Backlogs and Delayed
Justice
There have been concerns about threats to judicial
independence, including instances of political
pressure, interference, and attacks on judges
perceived as critical of the government. Upholding
the judiciary's independence is essential for
ensuring fair and impartial adjudication of cases.
Persistent backlogs in courts, especially in trial
courts, contribute to delayed justice and
prolonged legal processes. This issue undermines
the efficiency of the judicial system and frustrates
litigants' access to timely resolution of their cases.
Judicial Activism vs.
Restraint
Ethical Standards and
Accountability
Debates persist about the appropriate role of the
judiciary in interpreting laws and shaping public
policy. Some view judicial activism as necessary for
protecting constitutional rights and addressing
societal issues, while others advocate for judicial
restraint to avoid encroaching on the legislative and
executive branches' functions.
Ensuring the judiciary's integrity and accountability
through ethical standards, disciplinary
mechanisms, and transparency in judicial
proceedings is crucial. Cases of judicial misconduct,
corruption, and inefficiency highlight the need for
robust mechanisms to uphold ethical standards and
hold erring judges accountable.
Access to Justice
Rule of Law and Human
Rights
Access to justice remains a concern, particularly for
marginalized and vulnerable groups who face
barriers such as financial constraints, lack of legal
representation, and geographical limitations.
Efforts to enhance access to legal aid, streamline
court procedures, and promote alternative dispute
resolution mechanisms are ongoing.
Upholding the rule of law and protecting human rights
are fundamental principles that the judiciary plays a
critical role in safeguarding. Challenges persist in
ensuring that legal processes adhere to constitutional
principles and international human rights
standards, particularly in addressing issues such as
extrajudicial killings and attacks on press freedom.
As custodians of justice, the Philippine judiciary, guided by the principles
of the 1987 Constitution, stands as a beacon of fairness, equality, and
the rule of law in our nation.
SOURCES:https://lawphil.net/consti/cons1987.html#:~:text=The%20liberty%20of%20abode%20and%20of%20changing%20the,impaired%20except%20upon%20lawful%20order%20of%20the%20court.
https://cids.up.edu.ph/wp-content/uploads/2023/03/The-Philippine-Judiciary-Strengthening-the-Third-Branch-of-Government.pdf
https://sc.judiciary.gov.ph/incumbent-justices/