The judiciary of the Philippines consists of the Supreme Court, which is established in the Constitution, and three levels of lower courts, which are established through law by the Congress of the Philippines. The Supreme Court has expansive powers, able to overrule political and administrative decisions, and with the ability to craft rules and law without precedent. It further determines the rules of procedure for lower courts, and its members sit on electoral tribunals.
Below the Supreme Court is the Court of Appeals, which also has national scope with different divisions based in different regions of the country. Decisions from this court can only be appealed to the Supreme Court. Below this level are Regional Trial Courts, which are spread throughout the country among judicial regions. Some of these courts are specialized to deal with certain types of cases. Below these courts are the first level Metropolitan and Municipal Trial Courts, which are located in cities and municipalities throughout the country.
Outside of the regular court systems, special courts have been set up to deal with particular cases. These include the Court of Tax Appeals and the Sandiganbayan, which are considered equivalent to the Court of Appeals. In some parts of the country, Sharia courts have been established. Outside of the court system, a number of quasi-judicial bodies have some powers established via law.
The Supreme Court was given its expansive powers following a period of martial law, where the Executive dominated. While the Judiciary oversees the other branches of government, judges are appointed to the Judiciary by the President of the Philippines from a shortlist submitted by the Judicial and Bar Council, a body the President can influence.
Hierarchy of Courts
Supreme Court
The Supreme Court (SC) is the highest court of the land and is the court of last resort. It is led by the Chief Justice, who is joined by 14 Associate Justices. The court has expansive powers and a constitutional responsibility to oversee other branches of government, able even to overrule the discretion of political and administrative individuals and bodies. This power is a response to a previous period of martial law during which the courts often declined to act against the Executive. These powers also gave the courts rule-making abilities more typically associated with legislatures.
The 1987 constitution gives the Supreme Court "original jurisdiction on cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus". It is the appellate court for cases where "the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question", for the "legality of any tax" and related matters, where the "jurisdiction of any lower court is in issue", "criminal cases where the penalty is reclusión perpetua or higher", and "in which only an error or question of law is involved". Appeals from lower courts are taken on certiorari. Appellate jurisdiction over various matters can be increased by the Philippine Congress in agreement with the court.
The court's powers allow it to create new law without requiring precedent, and on which its decision is final. The Oposa v. Factoran case, centered on environmental protection, saw the court recognize the rights of future generations. Writs of amparo and habeas data were approved in 2007, to better enable courts to deal with extrajudicial killings and disappearances. In 2008 it rewrote libel guidelines, reducing penalties. Environmental protections were further enhanced through the approval of the writ of kalikasan in 2010, which provided protections against extreme environmental damage. Both of these writs came with a provision that removed filing fees. The 2010 rules of procedure for environmental cases established by the Supreme Court were a first for any country. In 2015 the court recognized the standing of cetaceans, including "toothed whales, dolphins, [and] porpoises", who while lacking independent legal personality could be represented by Philippine citizens, in a case regarding oil exploration in the Tañon Strait. The decision came following a case lasting eight years, ending long after the oil exploration had already ceased.
