Frequently Asked Questions
About the Supreme Court

Click on the questions below to reveal the answers

What are the three branches of government? What is the so-called "separation of powers" between the three branches of government? What is the role of the Judiciary in government?

     The Judiciary is one of the three branches of government, which also includes the Executive branch headed by the President and the Legislative branch made up of the Senate and House of Representatives. The judicial branch is headed by the Supreme Court, with the Chief Justice as its top official.

     The relationship between and among the branches of government is governed by the doctrine of "separation of powers." According to this doctrine, each branch of the government exercises powers exclusive to it without undue influence from the other two branches. The legislative branch has the power to make laws, the executive branch executes the laws, and the judicial branch interprets the laws. The "separation of powers" doctrine is an offshoot of the belief that allowing only one body to exercise all powers of government leads to despotic rule.

     As the branch of the government tasked to interpret laws when controversies or disputes arise, the judiciary is vested by the Constitution with what is called judicial power. The Constitution provides: "The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law." Further, "judicial power includes the duty of courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and 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."

     Unlike the executive branch, the judicial branch does not have the power to veto bills enacted by congress. Unlike the legislative branch, the judicial branch does not have the power to enact, amend or repeal laws; reject presidential appointments; or override the veto of the president.

What is the difference between the Judiciary and the Supreme Court?

     The judiciary is composed of courts organized into four levels. At the top of the judicial ladder is the Supreme Court. It is often called as the "Court of Last Resort" since decisions and resolutions issued by it with finality may no longer be appealed. Metropolitan Trial Courts, Municipal Trial Courts, Municipal Trial Courts in Cities and Municipal Circuit Trial Courts comprise the first level of the judiciary. The Regional Trial Courts occupy the second level while the Court of Appeals and the Supreme Court occupy the third and fourth levels, respectively.

What is the difference between the Supreme Court and the Department of Justice?

     The Supreme Court heads the judicial branch of government while the Department of Justice is a department under the executive branch. The Supreme Court has supervisory power over all trial courts, the Court of Appeals, the Sandiganbayan and the Court of Tax Appeals. The Department of Justice, on the other hand, has supervisory power over all prosecutors and public defenders, the National Bureau of Investigation, Bureau of Immigration, Board of Pardons and Parole, and Bureau of Corrections. It shares supervisory power with the Department of Interior and Local Government over the Bureau of Jail Management and Penology.

What is the Bench and the Bar?

     The Bench, which originally indicates the seat of judges, came to denote the body of judges taken collectively. On the other hand, the Bar refers to the aggregate of lawyers whose names are included in the Roll of Attorneys of the Supreme Court. The Supreme Court administers the Bar examinations and likewise monitors the state of the Bar.

What are Shari'a courts? Are these courts under the Supreme Court?

     Shari'a courts are courts of justice that have original jurisdiction over cases involving violations of the Code of Muslim Personal Laws of the Philippines. These courts are under the Supreme Court in the sense that decisions made by them can be appealed to the Supreme Court. Too, the Supreme Court administers the Shari'a Bar Examinations.

What does the term En Banc mean? Why are there three divisions in the Supreme Court?

     En banc means "in the bench" or "full bench." It refers to a session where the entire membership of a court will participate in the decision. The Supreme Court now may sit En banc or in three divisions. A decision or ruling issued by a division of the Supreme Court has the same authority as that issued by the Supreme Court En banc. By sitting in divisions, the Supreme Court further increases its capacity to dispose of cases pending before it.

How are justices of the Supreme Court and Court of Appeals and judges of the lower courts appointed? What is the reason behind the mandatory retirement age of 70 for members of the Bench?

     According to the Constitution, the "Members of the Supreme Court and judges of lower courts shall be appointed by the President from a list of at least three nominees prepared by the Judicial and Bar Council (JBC) for every vacancy. Such appointments need no confirmation." The Judicial and Bar Council is a constitutionally created body that ensures that the President's choice of appointees to the Supreme Court is limited to persons of proven integrity and to avoid political patronage in the appointments. On the other hand, the Constitution states that for the "lower courts, the President shall issue the appointments within ninety days from the submission of the list" by the JBC.

What are the functions of the Court Administrator? Is the Office of the Court Administrator (OCA) under the Supreme Court?

     The Office of the Court Administrator is tasked with the supervision and administration of the lower courts and their personnel. It reports and recommends to the Supreme Court all actions affecting lower court management, personnel, financial administration and administrative discipline. The OCA is under the Supreme Court and holds office within the Supreme Court premises.

What cases are elevated or can be appealed to the Supreme Court?

     As stated in the 1987 Constitution, the Supreme Court "has the power to 'review, revise, reverse, modify, or affirm on appeal or certiorari as the law or the Rules of Court may provide, final judgments and orders of lower courts in:

(a) 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;
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto;
(c) All cases in which the jurisdiction of any lower court is in issue;
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher;
(e) All cases in which only an error or question of law is involved."

Does the Supreme Court decide on cases that have not been tried in inferior or lower courts?

     Yes. Under Section 5, Article VIII of the Constitution, the Supreme Court "exercises original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus."

What does the term "jurisprudence" mean?

     Jurisprudence refers to the philosophy of law, or the science which treats of the principles of positive law and legal relations. As such, it refers to the aggregate of decisions issued by the Supreme Court which now form part of the legal doctrines of the land.

Is there a prescribed time frame for the Supreme Court to review cases appealed to it? How about lower courts?

     Yes, there is a prescribed time frame for the decision of cases. Cases filed with the Supreme Court must be resolved within 24 months from the date of submission; cases with all lower collegiate courts, within 12 months; and cases with all other lower courts, within three months.

Can an institution, organization or individual file a case against the Supreme Court?

     Cases may be filed against specific offices, personnel, officers or Justices of the Supreme Court. If a party wishes to question a Supreme Court decision, it may file a motion for reconsideration.

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