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    Philippine Judicial System: Historical Background

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    Rinelky Agacid Dandasan
    The document summarizes the historical evolution of the Philippine judicial system from pre-Spanish times, through the Spanish and American colonial eras, and under the modern Republic. Key points include that indigenous Filipinos had their own oral and written legal systems administered by local leaders, the Spanish established a hierarchical court structure headed by the Audiencia in Manila, and Americans replaced this with a US-style system with Supreme Court, courts of first instance, and justice of the peace courts.

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    Philippine Judicial System: Historical Background

    Uploaded by

    Rinelky Agacid Dandasan
    188 views34 pages
    The document summarizes the historical evolution of the Philippine judicial system from pre-Spanish times, through the Spanish and American colonial eras, and under the modern Republic. Key points include that indigenous Filipinos had their own oral and written legal systems administered by local leaders, the Spanish established a hierarchical court structure headed by the Audiencia in Manila, and Americans replaced this with a US-style system with Supreme Court, courts of first instance, and justice of the peace courts.

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    PHILIPPINE JUDICIAL SYSTEM

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    The document summarizes the historical evolution of the Philippine judicial system from pre-Spanish times, through the Spanish and American colonial eras, and under the modern Republic. Key points include that indigenous Filipinos had their own oral and written legal systems administered by local leaders, the Spanish established a hierarchical court structure headed by the Audiencia in Manila, and Americans replaced this with a US-style system with Supreme Court, courts of first instance, and justice of the peace courts.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    188 views34 pages

    Philippine Judicial System: Historical Background

    Uploaded by

    Rinelky Agacid Dandasan
    The document summarizes the historical evolution of the Philippine judicial system from pre-Spanish times, through the Spanish and American colonial eras, and under the modern Republic. Key points include that indigenous Filipinos had their own oral and written legal systems administered by local leaders, the Spanish established a hierarchical court structure headed by the Audiencia in Manila, and Americans replaced this with a US-style system with Supreme Court, courts of first instance, and justice of the peace courts.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    Download as pptx, pdf, or txt
    of 34

    PHILIPPINE JUDICIAL

    SYSTEM
    HISTORICAL BACKGROUND
    JUDICIAL SYSTEM BEFORE THE SPANISH CONQUEST

    Long before the Spanish conquistadores ever set


    foot on Philippine shores, Filipinos already had
    their own laws of administering justice.
    FACTS, INFORMATION, AND TIMELINE

     Government of pre-Spanish Filipinos was patriarchal in form.


     Unit of government was barangay (30-100 families): from
    the sail boat “balangay” by early Malay immigrants.
     Governed by datu, raja, hari, and sultan.
    Gained position by inheritance, wisdom, wealth, or physical
    prowess.
    Exercise all functions of the government (executive,
    legislative, and judiciary) in peace and military commander in
    war.
    Assisted by elders in promulgating laws, case trials, war
    declarations, and treaty negotiations.
     Confederation also existed (among datus).
     Oral and written laws existed.
    Unwritten laws were the customs and traditions.
    Promulgated by datus.
    All ancient written laws of Filipinos were lost except:
    Maragtas (Sumakwel)/Great People Code (1250 A.D.) and
    Kalantiaw Code (1433 A.D.) both from Panay.
     Covers subjects found in modern jurisprudence.
     Family Relations
     Property Rights

     Inheritance

     Contracts

     Partnership

     Loans (debts)

     Usury

     Crimes

     Divorce
     Distinguished serious crimes (felonies) and minor crimes
    (misdemeanors).
     Punishment process

    Felonies
    Death
    Incineration
    Slavery
    Exorbitant fines
    Misdemeanors
    Whipping
    Swimming for hours
    Exposure to ants
    Mutilation of fingers
    Small fines
     Recidivism (habitual crimes)
     Umalohokan with a bell in hand travel to different
    confederations and announces the new law.
     Trials were held in public.
     Litigants-plaintiff and defendant pleaded their own cases
    and presented their own witnesses.
     Before testifying, witnesses took an oath to tell the truth.
     When court was in doubt, it resorted to trial by ordeals.
    River ordeal
    Boiling water ordeal
    Candle ordeal
    JUDICIAL SYSTEM DURING THE
    SPANISH REGIMEN
    After conquering the Philippine archipelago, the
    Spaniards began reforming the social and religious
    traditions of the Filipinos. They began to establish
    courts designed from the structure of the Supreme
    Court of Spain by virtue of residencia vested by the
    King of Spain.
    SUPERIOR COURTS
     Audiencia Suprema de España
     Audiencia Territorial de Manila
    By royal decree (RD) of May, 1583.
    Created to check the power of the Governor-General.
    Composed of the following:
    a. President (Governor-General)
    b. Oidores (judges)
    c. Fiscal (prosecuting attorney)
    d. Other necessary officials
     Failure due to misunderstanding
     Abolished by Philip II (RD August, 1589)
     Established another Audiencia (RD Nov, 1595)
     Composed of the following:
    Chief justice
    President of chambers (civil & criminal)
    9 Magistrados (justices)
    4 Magistrados suplentos (associate justices)
    Fiscal
    Lieutenant Fiscal
    3 Fiscal Attorney
    5 Secretaries
    4 Law clerks
     An appellate court
     Assumed the reign of government in case of vacancy in

    the gubernatorial office.


     An advisory body to the Governor- General (sala de

    acuerdo).
     Responsible for enacting regulations for the local

    government.
     Discharge financial authority by auditing the yearly

    accounts of the colony.


     Audiencias de lo Criminal (Cebu and Vigan)

    Had appellate jurisdiction over all the sentences of the Courts


    of First Instance in criminal cases, regardless of whether they
    were sentences of conviction or acquittal.

    The decisions of these criminal courts were appealable to the


    Audiencia Territorial de Manila and those of the latter to the
    Supreme Court of Spain.
    INFERIOR LOCAL COURTS
     Courts of First Instance (Audiencia de Instancia Prima)

    ◦ At least one court was established in each province in 1886.

    ◦ Supervised by the alcaldes-mayor.

    ◦ Had original jurisdiction over all civil actions except those in


    which original jurisdiction was vested in justices of peace
    (magistrados de la paz), and over actions for crime
    (magistrados de lo criminal).
     Justice of the Peace Courts (Audiencia del Hustisia de
    la Paz)
    ◦ Authorized for every pueblo (town).

    ◦ Had jurisdiction to try civil actions where the value of the thing
    in litigation did not exceed five hundred pesetas (Php 100.00).

    ◦ Also had jurisdiction to try faltas or criminal offences


    punishable with fine not exceeding five hundred pesetas or
    arresto menor, which is imprisonment not exceeding 30 days.
    In 1858, there were eighty lawyers (abogados) in
    Manila, authorized to practice in the Audiencia.
    JUDICIAL SYSTEM DURING THE AMERICAN REGIME
    After the Spanish era, establishment of the first civil
    government under the Philippine Commission
    started in the initial years of the American regime.
     Act No. 136 (June, 1901) abolished the existing Audiencia and
    Courts of First Instance.
     The purpose was to replace the old judicial system, with its

    incidents and traditions drawn from Spanish sources.


     Establish a new system modeled in all its essential characteristics

    upon the judicial system of the United States.


     Act No. 140 (June, 1901) divide the judicial territory of the

    Islands into various districts.


     U.S. Congress passed Act No. 450 (July, 1902) which provides

    that the Chief Justice and Associate Justices of the Supreme Court
    shall be appointed by the U.S. President by and with the advice
    and consent of the Senate of the U.S.
    SUPREME COURT
     Established under Act No. 136.
     Consist of a Chief Justice (Presiding Officer) and six (6)

    Associate Judges.
    ◦ Any five of whom, when convened, formed a quorum and could
    transact the business of the court.
    ◦ In the absence of a quorum, the member or members present could
    adjourn the court.
    ◦ The concurrence of at least four (4) members of the court was
    necessary to pronounce a judgment.
    ◦ In the absence of the Chief Justice, the judge present next in seniority
    to the Chief Justice presided. The seniority of the Associate Judges
    was determined by the dates of their respective commission.
    KINDS OF JURISDICTION

     Original
    Issue writs such as:
     Mandamus
     Certiorari
     Prohibition
     Habeas corpus
     Quo warranto
     Hear and determine controversies brought before it.
     Appellate

    ◦ Jurisdiction over all actions and special proceedings elevated


    to it by the Court of First Instance as well as other tribunals
    under it.

    ◦ May issue a certiorari ordering lower courts to endorse to it the


    case they are working with.
    COURT OF FIRST INSTANCE

     Assigned in each province.

     Several of these courts were grouped to form a judicial


    district.
    KINDS OF JURISDICTION
     Original
    ◦ All civil and criminal cases brought to its concern.
    ◦ Property
    ◦ Tax
    ◦ Adoption
    ◦ Annulment
    ◦ Criminal cases with a penalty of more than 6 months
    imprisonment or fine exceeding $100.
     Appellate

    ◦ Jurisdiction over all actions and proceedings brought to its


    concern by the Justice of the Peace Courts.
    CITY AND JUSTICE OF THE PEACE COURTS

     Assigned to each municipalities and cities.

     Both have civil and criminal jurisdiction.

    ◦ Provided for the trial of misdemeanors and minor criminal


    cases.

    ◦ Civil jurisdiction is limited to petty civil litigations.


    THE ROLE OF THE DEPARTMENT OF JUSTICE

     Responsible for the general supervision of the provincial and


    city fiscals.
     Include the following staffs:

    ◦ Attorney General (now Secretary of Justice)

    ◦ Solicitor General

    ◦ Assistant Attorney General

    ◦ 11 Assistant Attorneys
     Receive annual report from the clerk of the Supreme
    Court.
     Supervise the work of the following agencies:

    ◦ Public Safety Division (now CHR)


    ◦ Bureau of Prisons (now BJMP)
    ◦ General Land Registration Office
    ◦ Securities and Exchange Commission
    ◦ Parole Office
    ◦ Anti-Usury Board
    ◦ Division of Investigation (now NBI)
    JUDICIAL SYSTEM UNDER THE REPUBLIC
    As at present constituted by the constitution, the
    courts comprising the Philippine Judiciary are the
    following:
    SUPREME COURT
     Established in 1901.

     Highest Judicial Court and Court of last resort.

     Consists of 1 Chief Justice and 14 Associate Justices.

     Presidential appointment from the list of preferred


    nominees made by the Judicial and Bar Council.
     Requirements for appointment
    ◦ Natural-born citizenship

    ◦ At least 40 years old

    ◦ Must have been for fifteen years or more a judge of a lower


    court or engaged in the practice of law in the Philippines.

    ◦ An additional constitutional requirement, though less precise in


    nature, is that a Justice "must be a person of proven
    competence, integrity, probity, and independence.
    COURT OF APPEALS
     The power to hear petitions for certiorari, prohibition,
    mandamus, quo warranto and habeas corpus.
     Regional Trial Courts

    ◦ Metropolitan Trial Courts


    ◦ Municipal Trial Courts in Cities
    ◦ Municipal Trial Courts
    ◦ Municipal Circuit Trial Courts
     Shari’a District Courts
    ◦ Shari’a Circuit Courts
     Sabdiganbayan
     Court of Tax Appeals

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