THE JUDICIARY

Article 8
1987 Philippine Constitution
 JUDGES
JUSTICE
LAWYERS
BAR EXAM
COURT
RIGHTS
LAW
 JUDICIAL POWER RESTS WITH THE
SUPREME COURT AND THE LOWER
COURTS, AS ESTABLISHED BY LAW
(ART. VIII, SEC. 1 OF THE 1987
CONSTITUTION).

ITS DUTY IS TO SETTLE ACTUAL

CONTROVERSIES INVOLVING
RIGHTS WHICH ARE LEGALLY
DEMANDABLE AND ENFORCEABLE
03 (ART. VIII SEC. 1 (2)).
HISTORY OF THE SUPREME COURT
The royal audencia was established on May 5, 1583, composed of a president, four oidores (justices) and a fiscal.
Its functions and structure were modified in 1815 when a chief justice replaced its president and the number of
justices was increased. It came to be known as the Audencia Territorial de Manila with two branches, civil and
Royal Audencia
criminal. A royal decree issued on July 24, 1861 converted it to a purely judicial body with its decisions
appealable to the Court of Spain in Madrid. A territorial audencia in Cebu, and audencia for criminal cases in
Vigan were organized on February 26, 1898.

In 1899, when the Malolos Constitution was ratified, it provided for a Supreme Court of Justice.
Philippine Revolution President Aguinaldo proposed the appointment of Apolinario Mabini as Chief Justice, but the
and First Republic appointment and the convening of the Supreme Court of Justice never materialized because of
the Philippine-American War.

With the establishment of civil government, Act No. 136 of the Philippine Commission
Establishment of the abolished the audencia and established the present Supreme Court on June 11, 1901, with
Supreme Court Cayetano Arellano as the first chief justice together with associate justices—the majority of
whom were Americans.

The Supreme Court was retained during the martial law years under rules similar to the 1935 Constitution, but with the
exception few key factors, e.g.:
1. The 1973 Constitution further increased the membership of the Supreme Court to 15, with two divisions;
Martial Law 2. The process by which a chief justice and associate justices are appointed was changed under to grant the
president (Ferdinand Marcos during this time) the sole authority to appoint members of the Supreme Court.
There were five chief justices that were appointed under this provision. 04
 PRESENT DAY
SUPREME COURT
Pursuant to the provisions of the 1987 Constitution,
the Supreme Court is composed of a chief Justice
and 14 associate justices who serve until the age of
70. The court may sit en banc or in one of its three
divisions composed of five members each.

The chief justice and associate justices are appointed

by the President of the Philippines, chosen from a
shortlist submitted by the Judicial and Bar Council.

The president must fill up a vacancy within 90 days of

occurrence.

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 POWERS OF THE
SUPREME COURT
01.
Exercise jurisdiction over cases
02.
affecting ambassadors, other Review, revise, reverse, modify, or affirm, on appeal or certiorari, as the law or the Rules of Court may provide, final
public ministers and consuls, and judgments and orders of the lower courts in:
over petitions for certiorari, All cases in which the constitutionality or validity of any treaty, international or executive agreement, law,
prohibition, mandamus, quo presidential decree, proclamation, order, instruction, ordinance, or regulation is in question;
warranto, and habeas corpus. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto;
All cases in which the jurisdiction of any lower court is in issue;

03.
All criminal cases in which the penalty imposed is reclusion perpetua or higher;
All cases in which only an error or question of law is involved;

Assign temporarily judges of

lower courts to other stations as
04.
Order a change of venue or place of
public interest may require. Such trial to avoid a miscarriage of justice.
temporary assignments shall not
exceed six months without the
consent of the judge concerned.
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 THE CHIEF JUSTICE HEADS
THE SUPREME COURT

APRIL 5, 2021
Chief Justice Alexander G. Gesmundo was appointed to the Supreme Court as Associate Justice on August 14,
2017, and later as the 27th Chief Justice of the Philippines on April 5, 2021. Prior to his appointment to the
Supreme Court, he served as Associate Justice of the Sandiganbayan, later becoming Chairperson of its 7th
Division.

Chief Justice Gesmundo obtained his law degree from the Ateneo de Manila University in 1984 and passed
the Bar in April 1985. He entered government service in August 1985 as Trial Attorney in the Office of the
Solicitor General. He was awarded as Most Outstanding Solicitor in 1998. He was on Seconded Appointment as
Commissioner of the Presidential Commission on Good Government from July 17, 1998 to February 15, 2001. In
August 2002, he was promoted to Assistant Solicitor General. He continued to serve in the Office of the
Solicitor General until his appointment to the Sandiganbayan on October 15, 2005.

Chief Justice Gesmundo is the son of Juan A. Gesmundo, a farmer, and Zenaida B. Gahon, a public school
teacher. He is married to Lynn Magpantay-Gesmundo, with whom he has a son, Alastair, and twin
daughters, Ashley Nicole and Allison Arden.

CHIEF JUSTICE Alexander G. Gesmundo

Punong Mahistrado ng Korte Suprema Alexander G. Gesmundo
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Hon. Marvic Mario Victor F. Leonen Hon. Alfredo Benjamin Caguioa Hon. Ramon Paul Hernando Hon. Amy Lazaro- Javier Hon.Henri Jean Paul Inting Hon. Rodil Zalameda Hon. Mario Lopez

Hon. Samuel Gaerlan Hon. Ricardo Rosario Hon. Jhosep Lopez Hon. Japar Dimaampao Hon. Midas Marquez Hon. Antonio Kho Jr. Hon. Maria Filomena Singh
ACTIVITY!
HIERARCHY
PHILIPPINE
COURTS
Admission to BAR
A bar candidate must meet the following academic qualifications:

Holder of a professional degree in law from a recognized law school in the Philippines[5]
Holder of a bachelor's degree with academic credits in certain required subjects from a
recognized college or university in the Philippines or abroad.[6]
Candidates should also meet certain non-academic requisites:[7]

A Filipino citizen.
At least twenty-one years of age.
A resident of the Philippines.
Satisfactory evidence of good moral character (usually a certificate from the dean of law school
or an immediate superior at work).
No charges involving moral turpitude have been filed against the candidate or are pending in
any court in the Philippines.
In March 2010 the Philippine Supreme Court Issued Bar Matter 1153, amending provisions in
Sections 5 and 6 of Rule 138 of the Rules of Court, now allowing Filipino foreign law school
graduates to take the Bar Exam provided that they comply with the following:

Completion of all courses leading to a degree of Bachelor of laws or its equivalent;

Recognition or accreditation of the law school by proper authority;
Completion of all fourth year subjects in a program of a law school duly accredited by the
Philippine Government; and
Proof of completing a separate bachelor's degree.
 CURRENT ASSOCIATE JUSTICE

Dispute Resolution Labor and Employment Corporate and Compliance

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