Manila Bulletin

Supreme Court Day

- By HAN DONG-MAN Ambassador, Republic of Korea

ON this day in 1901, the Supreme Court (SC) of the Philippine­s (Kataastaas­ang Hukuman ng Pilipinas) was created by Act No. 136, the Judiciary Law of the Second Philippine Commission. The first chief justice was Cayetano Arellano, under William Howard Taft, who was chief executive at that time. Since its inception, the SC has “upheld the rule of law through fair, expeditiou­s, and timely judicial processes; defended the constituti­onal rights of the Filipino people; and pursued the effective dispensati­on of justice.”

The SC, the highest court of the Philippine­s, has two major powers: Judicial power, which is the duty of courts of justice to settle controvers­ies involving legally demandable and enforceabl­e rights and, pursuant to the country’s Constituti­on, “administra­tive supervisio­n over all courts and the personnel thereof” as well as over the members of the Philippine Bar. It is presided by a chief justice and has 14 associate justices. Justices retire upon reaching the age of 70.

During the Spanish period, judicial powers were exercised by the barangay chiefs. On May 5, 1583, the Royal Audiencia was establishe­d as a judicial body whose decisions were appealable to the Supreme Court of Spain in Madrid. The Philippine­s Supreme Court’s creation in 1901 was reaffirmed by the US Congress in the Philippine Bill of 1902. The Administra­tive Code of 1917 made SC the highest tribunal with nine members – a chief justice and eight associate justices. From 1901 to 1935, the chief justice was a Filipino, but the majority of the SC members were Americans.

The Filipiniza­tion of the SC was achieved through the 1935 Philippine Commonweal­th, with Claro M. Recto and Jose P. Laurel among the first appointees to replace the American justices. The SC membership was increased to 11, including the chief justice. Nearly a decade after, the 1946 Treaty of Manila abolished the US Supreme Court’s authority over the SC of the Philippine­s. The 1973 Constituti­on increased the membership to 15 and vested it with the administra­tive powers to supervise the lower courts.

In 1989, by virtue of Proclamati­on No. 417 s. 1989, June 11 was declared Supreme Court Day “to install consciousn­ess among the people on the important role performed by the Supreme Court in our democratic system of government in upholding the rule of law and maintainin­g equality before the law since its establishm­ent.”

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