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Philippines

This article is part of the series:
Politics and government of
the Philippines


Government
Political history · Constitution
Executive
President (list)
Gloria Macapagal-Arroyo
2001 – 2010

Vice President (list)
Noli de Castro
2004 – 2010


Executive Departments
(list)


Legislative
14th Congress
2007 – 2010
SenateHouse
President
Manuel Villar, Jr.
Speaker
Prospero Nograles

Judiciary
Supreme Court

Chief Justice Reynato Puno
Court of Appeals · Sandiganbayan
Court of Tax Appeals · Ombudsman


Elections
Commission on Elections
Chairman:Jose Melo
2013 | 2010 | 2007 | 2004 | 2001 | 1998
1995 | 1992 | 1987 | 1986 | All

Political parties

Administrative divisions
Capital
Regions
Provinces
Cities
Municipalities
Barangays

Foreign relations
Government Website
Human rights


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An Associate Justice of the Supreme Court of the Philippines is one of 15 members of the Philippine Supreme Court, the highest court in the Philippines. The Philippines ( Filipino: Pilipinas, officially known as the Republic of the Philippines (fil ''Republika ng Pilipinas'' RP The political system in the Philippines takes place in an organized framework of a presidential, representative and democratic Republic The political system in the Philippines takes place in an organized framework of a presidential, representative and democratic Republic The political history of the Philippines as a unified archipelago begins with the rule of the Spanish monarchs of the Philippines The Constitution of the Philippines ( Saligang Batas ng Pilipinas in Filipino) is the supreme Law of the Philippines The President of the Philippines is the head of state and government of the Republic of the Philippines. This a complete list of Presidents of the Philippines that consists of the 14 Heads of state in the history of the Philippines. Maria Gloria Macapagal-Arroyo (born Maria Gloria Macaraeg Macapagal on April 5 1947 is a Filipina Politician. Year 2001 ( MMI) was a Common year starting on Monday according to the Gregorian calendar. For the film see 2010 The Year We Make Contact. For the book see 2010 Odyssey Two. The Vice President of the Philippines is the second highest executive official of the Philippine government This is a complete list of Vice Presidents of the Philippines. Manuel Leuterio de Castro Jr (born July 6, 1949) better known as Noli de Castro, is a Politician and former broadcast journalist in the "MMIV" redirects here For the Modest Mouse album see " Baron von Bullshit Rides Again " For the film see 2010 The Year We Make Contact. For the book see 2010 Odyssey Two. The Executive Departments of the Philippines (also known as the "Cabinet" are the largest component of the national Executive branch of the government of the In Philippine politics the Cabinet consists of the heads of the largest part of the executive branch of the national government The Congress of the Philippines ( Filipino: Kongréso ng Pilipínas) is the national Legislature of the Philippines. Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. For the film see 2010 The Year We Make Contact. For the book see 2010 Odyssey Two. The Senate of the Philippines ( Filipino: Senádo ng Pilipínas) is the upper chamber of the bicameral Legislature of the Philippines, the The House of Representatives of the Philippines ( Filipino: Kapulungan ng mga Kinatawan ng Pilipinas) is the lower chamber of the Congress of the Philippines The President of the Senate of the Philippines is the presiding officer and the highest ranking-official of the Senate of the Philippines. Manuel "Manny" Bamba Villar Jr (born December 13, 1949) is a Filipino businessman and politician currently the President of the Senate The Speaker of the Philippine House of Representatives is the presiding officer of the lower house of Congress, the House of Representatives. Prospero C Nograles (born October 30, 1947) also known as Boy Nograles, is the incumbent Speaker of the House of Representatives of the Philippines The Supreme Court of the Philippines ( Filipino: Kataas-taasang Hukuman ng Pilipinas or Korte Suprema) is the country's highest judicial court as well The Chief Justice of the Philippine Supreme Court presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Reynato S Puno (born May 17, 1940) is the incumbent Chief Justice of the Supreme Court of the Philippines. The Philippine Court of Appeals ( Filipino: Hukumang Paghahabol ng Pilipinas) is the country's second highest judicial court just after the Supreme Court The Sandiganbayan is a special Court in the Philippines which was established under Presidential Decree No The Philippine Court of Tax Appeals ( Filipino: Hukumang Paghahabol sa Buwis ng Pilipinas) is the special court of limited jurisdiction and has the same level with The Philippine Ombudsman (Fil Tanodbayan) is an Ombudsman responsible for investigating and prosecuting government officials in the Philippines who are The Philippines elects on national level a Head of state (the President) and a Legislature. Functions of the Commission Under the Constitution the Commission on Elections is independent of the Executive, Legislative and Judicial branches of the Philippine Jose AR Melo (born May 30, 1932) is a Filipino lawyer and jurist who served as an Associate Justice of the Supreme Court of the Philippines Legislative elections and local elections will be held on May 13, 2013. Presidential elections, legislative elections and local elections in the Philippines are scheduled to be held on May 10, 2010. Legislative and local elections were held in the Philippines on May 14, 2007. Presidential elections, legislative elections and local elections were held in the Philippines on May 10, 2004. Legislative elections and local elections were held in the Philippines on May 14, 2001. Presidential elections, legislative elections and local elections were held in the Philippines on May 11, 1998. Legislative elections and local elections were held in the Philippines on May 8, 1995. Presidential elections, legislative elections and local elections were held in the Philippines on May 11, 1992. The Elections for the Members of the Senate and the House of Representatives were held in the Philippines on May 11, 1987. The Presidential and Vice-Presidential Snap elections were held on February 7, 1986 in the Philippines. The Philippines elects on national level a Head of state (the President) and a Legislature. Political parties in the Philippines are of diverse ideologies and are plentiful in number The Lakas-Christian Muslim Democrats, also more popularly known as simply Lakas or Lakas-CMD is the current ruling Political party in the Philippines The Kabalikat ng Malayang Pilipino ( Partner of the Free Filipino, abbreviated KAMPI) formerly the Kabalikat ng Mamamayang Pilipino ( Partner The Nationalist People's Coalition or NPC is a Political party in the Philippines. For National Parties in other countries see National Party. The Nacionalista Party ( Filipino: Partido Nacionalista) is The Liberal Party of the Philippines ( Filipino: Partido Liberal ng Pilipinas) is a liberal party in the Philippines, founded on November The United Opposition is a Political party in the Philippines. The Partido Demokratiko Pilipino-Lakas ng Bayan ( Philippine Democratic Party-People's Power) or PDP-LABAN is a Political party in the Philippines For the party coalition see Puwersa ng Masa. The Pwersa ng Masang Pilipino (Force of the Filipino Masses) formerly Partido Political parties in the Philippines are of diverse ideologies and are plentiful in number The Philippines is divided into from the highest division to the lowest Provinces and independent cities Municipalities and This is a list of current and former national capital cities in the Philippines, which includes during the time of the Spanish colonization the First Philippine Republic, the In the Philippines, regions ( Filpino: rehiyon, ISO 3166-2PH) are administrative division that serve primarily to organize the 81 The provinces of the Philippines are the primary administrative divisions of the Philippines. A city ( lungsod, or sometimes siyudad, in Filipino and Tagalog) is a tier of local government in the Philippines A municipality ( bayan, sometimes munisipyo in Cebuano or used infrequently in Tagalog) is a local government unit in the Philippines This article refers to a political administrative division See Barangay Ginebra Kings for other uses Foreign relations of the Philippines is administered by the Philippines President and the nation's Department of Foreign Affairs. Human rights in the Philippines has been a subject of concern and controversy Information on politics by country is available for every Country, including both De jure and De facto independent The Supreme Court of the Philippines ( Filipino: Kataas-taasang Hukuman ng Pilipinas or Korte Suprema) is the country's highest judicial court as well The Philippines ( Filipino: Pilipinas, officially known as the Republic of the Philippines (fil ''Republika ng Pilipinas'' RP The Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court. The Chief Justice of the Philippine Supreme Court presides over the Supreme Court of the Philippines and is the highest judicial officer of the government of the Traditionally, the Chief Justice is deemed as primus inter pares ("first among equals") among the Justices. Primus inter pares ( Latin) or First among equals is a phrase which indicates that a person is the most senior of a group of people

Until 1973, only men were appointed as Associate Justices to the Court. Year 1973 ( MCMLXXIII) was a Common year starting on Monday (link will display full calendar of the 1973 Gregorian calendar. Cecilia Muñoz-Palma, an appointee of President Ferdinand Marcos, was the first woman to sit on the Court. Cecilia Muñoz-Palma ( November 22, 1913 — January 2, 2006) was a Filipino Jurist and the first Woman The President of the Philippines is the head of state and government of the Republic of the Philippines. Ferdinand Emmanuel Edralín Marcos ( September 11, 1917 &ndash September 28, 1989) was President of the Philippines from 1965 to 1986 Since then, 11 other women have been appointed as Associate Justices of the Supreme Court.

Contents

Constitutional requirements and limitations

Under the 1987 Constitution, the minimum requirements for appointment to the Supreme Court are natural born citizenship; 40 years of age; and 15 years or more as a judge of a lower court or engaged in the practice of law in the Philippines. The Constitution of the Philippines ( Saligang Batas ng Pilipinas in Filipino) is the supreme Law of the Philippines Natural-born citizen is a term used in some countries to describe a certain kind of Citizenship in terms of a requirement for eligibility to serve as Head of state (sec. 7(1), Article VIII) The members of the Court are appointed by the President from a list of at least 3 nominees prepared by the Judicial and Bar Council. The President of the Philippines is the head of state and government of the Republic of the Philippines. (sec. 9, Article VIII) The appointment is not subject to confirmation by Congress. The Congress of the Philippines ( Filipino: Kongréso ng Pilipínas) is the national Legislature of the Philippines.

Members of the Court are mandated to retire upon reaching the age of 70. (sec. 11, Article VIII) They may also be removed from office through impeachment, which is accomplished through a resolution of impeachment affirmed by a 1/3 vote of all members of the House of Representatives and conviction by 2/3 vote of all members of the Senate. Impeachment is the first of two stages in a specific process for a legislative body to forcibly remove a Government official The House of Representatives of the Philippines ( Filipino: Kapulungan ng mga Kinatawan ng Pilipinas) is the lower chamber of the Congress of the Philippines The Senate of the Philippines ( Filipino: Senádo ng Pilipínas) is the upper chamber of the bicameral Legislature of the Philippines, the

Since 1901, there has always been only one Chief Justice. Year 1901 ( MCMI) was a Common year starting on Tuesday (link will display calendar of the Gregorian calendar (or a Common year starting In contrast, the number of Associate Justices has wildly varied. From the original number of six (1901-1916), this was increased to eight (1916-1935), then to ten (1935-1940). During the years 1940-1945, the membership varied from five to seven. After liberation in 1945, the number was reset to ten, and the current number of fourteen was first set in place with the enactment of the 1973 Constitution. The Constitution of the Philippines ( Saligang Batas ng Pilipinas in Filipino) is the supreme Law of the Philippines During the first few months of the Aquino administration, ten Associate Justices sat on the Court, but the appointment of Carolina Griño-Aquino in February 1988 finally restored the number of Associate Justices at fourteen.

Official functions

The cases decided by the Supreme Court involve several classes of disputes. Most prominently, the Court is called upon to exercise the power of judicial review of presidential or legislative actions. Judicial review is the power of the courts to annul the acts of the executive and/or the legislative power where it finds them incompatible with a higher norm More often, the Court also undertakes appellate review of decisions of the trial courts and the Court of Appeals in civil and criminal cases. In Law, an appeal is a process for requesting a formal change to an official decision The Philippine Court of Appeals ( Filipino: Hukumang Paghahabol ng Pilipinas) is the country's second highest judicial court just after the Supreme Court The Court is also tasked with deciding administrative cases involving members and employees of the judiciary and of lawyers belonging to the Philippine Bar. The decisions of the Court become part of the law of the land.

Each Justice carries one vote on the Court which they exercise whether when sitting in Division, or in the full complement of 15 (or "en banc"). En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all Since the 1970s, the Supreme Court has sat in three divisions, with five Justices as members of each division. As most Supreme Court cases are decided by the division rather than the en banc, a vote of three Justices sitting in a division is usually sufficient to decide the case. However, the Constitution prescribes instances whereby a case must be decided en banc, such as in declaring a law as unconstitutional or when a judicial precedent is overturned. En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all In Common law legal systems, a precedent or authority is a Legal case establishing a principle or rule that a Court or other judicial Each vote can be crucial, as recently shown in the 2006 People's Initiative case (Lambino v. COMELEC), which was decided en banc by an 8-7 vote. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. People’s Initiative or "PI" is one of the modes in which the 1987 Constitution of the Philippines could be amended En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all

As a case is decided, one justice in the majority is assigned to write the majority opinion for the Court. In Law, a majority opinion is a judicial Opinion agreed to by a Majority of the members of a Court. Even as these decisions speak in behalf of the Court, the writer of the opinion (known as the "ponente") is strongly identified with the decision, and the body of opinions of each Justice enhances his/her reputation. Many important opinions are analyzed in law schools and are well-remembered long after the Justice had left the Court. A law school (also known as a school of law or college of law) is an institution specializing in Legal education. For example, several of the opinions of Associate Justice Jose P. Laurel were crucial in the development of Philippine jurisprudence and are widely read and quoted nearly 70 years after they had been written. José Paciano Laurel y García ( March 9, 1891 &ndash November 6, 1959) was the president of the Japanese-Sponsored Republic of the Philippines

Any other Justice, whether they be in the majority or in the minority, is entitled to write a separate opinion in a case to clarify his/her views, or even to challenge the points raised in the majority opinion. In Law, a majority opinion is a judicial Opinion agreed to by a Majority of the members of a Court. In the 1973 case of Javellana v. Executive Secretary, concerning the ratification of the 1973 Constitution, each Justice chose to write a separate opinion, while more recently, the 2005 decision on the Expanded VAT Law (Abakada v. Executive Secretary) saw 11 separate opinions. Year 1973 ( MCMLXXIII) was a Common year starting on Monday (link will display full calendar of the 1973 Gregorian calendar. The separate opinions of a Justice in the majority is usually known as a "concurring opinion", while one penned by a Justice in the minority is known as a "dissenting opinion". In law a concurring opinion is a written Opinion by some of the Judges of a Court which agrees with the majority of the court but might A dissenting opinion is an Opinion of one or more Judges expressing disagreement with the Majority opinion. A Justice who only partially agrees with the majority opinion while disagreeing with portions thereof may even write a "concurring and dissenting opinion".

While these separate opinions do not receive as much public attention as majority opinions, they are usually studied in the legal academe and by other judges. On several occasions, views expressed in a dissenting or concurring opinion were adopted by the Supreme Court in later years. A dissenting opinion is an Opinion of one or more Judges expressing disagreement with the Majority opinion. In law a concurring opinion is a written Opinion by some of the Judges of a Court which agrees with the majority of the court but might Justice Gregorio Perfecto, whose staunch libertarian views were out of sync with the Cold War era, wrote over 140 dissenting opinions in just 4 years. Gregorio Perfecto ( November 28 1891 &ndash August 17 1949) was a Filipino Journalist, Politician and Libertarianism is a term used by a broad spectrum of political philosophies which prioritize individual Liberty and seek to minimize or even abolish the Cold War is the state of conflict tension and competition that existed between the United States and the Soviet Union (USSR and their respective allies from the A dissenting opinion is an Opinion of one or more Judges expressing disagreement with the Majority opinion. Years after his death, some of his views in dissent, such as in Moncado v. People's Court (1948) were adopted by a more liberal Supreme Court.

The rule of seniority

The Associate Justices of the Court are usually ordered according to the date of their appointment. There are no official ramifications as to this ranking, although the order determines the seating arrangement on the bench. Within the discretion of the Court, the ranking may also factor into the composition of the divisions of the Court.

In 1986, the order of seniority within the Court was disturbed upon the assumption into the presidency of Corazon Aquino. Year 1986 ( MCMLXXXVI) was a Common year starting on Wednesday (link displays 1986 Gregorian calendar) María Corazón Cojuangco-Aquino (born María Corazón Sumulong Cojuangco on January 25, 1933) widely known as Cory Aquino, was the 11th President Aquino had sought to reorganize the Court by obtaining the resignation of most of the Associate Justices who had been appointed by Ferdinand Marcos, and filling those vacancies with her own choices. Ferdinand Emmanuel Edralín Marcos ( September 11, 1917 &ndash September 28, 1989) was President of the Philippines from 1965 to 1986 Eventually, Aquino chose to re-appoint three Associate Justices, Amuerfina Melencio Herrera, Hugo Gutierrez, Jr. and Nestor Alampay, but did so only after appointing several new Justices to the Court. The previous service of these three were not considered for the purposes of determining seniority. This point would cause a minor controversy in 1992. Year 1992 ( MCMXCII) was a Leap year starting on Wednesday (link will display full 1992 Gregorian calendar) During that time, it was advocated in some sectors that Herrera, as the longest serving incumbent Associate Justice, was more qualified to succeed the resigned Chief Justice Marcelo Fernan than Andres Narvasa, who was considered as the Senior Associate Justice despite having been appointed to the Court 7 years after Melencio-Herrera. Marcelo Briones Fernán ( October 24, 1927 &ndash July 11, 1999) was a Filipino Lawyer and political figure Andres dela Rosa Narvasa (born November 30, 1928) was the Chief Justice of the Philippines from December 1, 1991 to November President Aquino eventually appointed Narvasa over Herrera.

The incumbent Justice with the earliest date of appointment is deemed as the Senior Associate Justice. While the Senior Associate Justice has no constitutional or statutory duties, he or she usually acts as Acting Chief Justice during the absence of the Chief Justice. The Senior Associate Justice is also usually designated as the chairperson of one of the divisions of the Court.

Stepping stone to Chief Justice?

Only two persons appointed as Chief Justice had not previously served as Associate Justices. These were Cayetano Arellano, the first Chief Justice, and Jose Yulo, the former Speaker of the House of Representatives who was appointed as Chief Justice during the Japanese period. Cayetano L Arellano ( March 2, 1847 &ndash December 23, 1920) was the first Chief Justice of the Supreme Court of the Jose Yulo ( September 24, 1894 - October 2, 1976) was the Chief Justice of the Philippines of the Japanese Occupation during World The House of Representatives of the Philippines ( Filipino: Kapulungan ng mga Kinatawan ng Pilipinas) is the lower chamber of the Congress of the Philippines All other Chief Justices, except for Victorino Mapa, were incumbent Associate Justices at the time of their appointment as Chief Justice. Victorino Mapa ( February 25, 1855 - April 12, 1927) was the second Chief Justice of the Philippines. Mapa had served as Associate Justice from 1901 to 1913, when he was appointed as Secretary of Justice. Year 1901 ( MCMI) was a Common year starting on Tuesday (link will display calendar of the Gregorian calendar (or a Common year starting Year 1913 ( MCMXIII) was a Common year starting on Wednesday (link will display the full calendar of the Gregorian calendar (or a Common Mapa would be appointed as Chief Justice in 1920. Year 1920 ( MCMXX) was a Leap year starting on Thursday (link will display 1920 of the Gregorian calendar

Another tradition, though less stringently observed, was that the most senior Associate Justice would be appointed as Chief Justice upon a permanent vacancy to that post. Deviations from this tradition, especially in recent years, have caused some controversy. Senior Associate Justice Claudio Teehankee, who had emerged as a fervent critic of Ferdinand Marcos, was twice bypassed for Chief Justice by Marcos. Claudio Teehankee Sr ( April 18, 1918 - November 27, 1989) was the 16th Chief Justice of the Supreme Court of the Ferdinand Emmanuel Edralín Marcos ( September 11, 1917 &ndash September 28, 1989) was President of the Philippines from 1965 to 1986 More recently, in 2005, the appointment of Artemio Panganiban as Chief Justice over Senior Associate Justice Reynato Puno was also the subject of some controversy. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. Artemio V Panganiban (born December 7, 1936) was the 21st Supreme Court Chief Justice of the Philippines. Reynato S Puno (born May 17, 1940) is the incumbent Chief Justice of the Supreme Court of the Philippines. Puno was eventually appointed as Chief Justice in 2006. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Another contender for Chief Justice in 2006 was Senator Miriam Defensor-Santiago. Miriam Defensor-Santiago (born Miriam Palma Defensor on June 15 1945) is a Filipina politician Constitutional Law expert and a Senator of the Philippines Had Santiago been appointed Chief Justice, she would have been the first person since Jose Yulo in 1942 to have been appointed Chief without serving as Associate Justice.

Miscellaneous facts about Associate Justices

See also

References


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