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Encyclopedia > Associate Justice of the Supreme Court of the Philippines

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 Chief Justice presides over the High Court, but carries only 1 of the 15 votes in the court. Traditionally, the Chief Justice is deemed as primus inter pares ("first among equals") among the Justices. The Supreme Court of the Philippines is the countrys highest judicial court, as well as the court of last resort. ... The Chief Justice of the Philippines is the head of the Judicial Branch of the government of the Philippines, and presides over the Supreme Court of the Philippines. ...


Until 1973, only men were appointed as Associate Justices to the Court. Cecilia Muñoz-Palma, an appointee of President Ferdinand Marcos, was the first woman to sit on the Court. Since then, 10 other women have been appointed as Associate Justices of the Supreme Court. 1973 (MCMLXXIII) was a common year starting on Monday. ... Cecilia Muñoz-Palma (November 22, 1913 — January 2, 2006) was the first woman appointed to sit on the Supreme Court of the Philippines. ... 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 – September 28, 1989) was the tenth president of the Philippines, serving from 1965 to 1986. ...

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. (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. (sec. 9, Article VIII) The appointment is not subject to confirmation by Congress. A natural-born citizen is a special term mentioned in the United States Constitution as a requirement for eligibility to serve as President or Vice President of the United States. ... The President of the Philippines is the head of state and government of the Republic of the Philippines. ... The Judicial and Bar Council of the Philippines is a body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts. ... Philippine Congress Session Hall The legislative power is vested in Congress, which consists of the Senate and the House of Representatives. ...


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. Depiction of the impeachment trial of Andrew Johnson, then President of the United States, in 1868. ... The House of Representatives (Kapulungan ng mga Kinatawan in Filipino) is the lower chamber of the Congress of the Philippines. ... The Senate of the Philippines is the upper chamber of the bicameral legislature of the Philippines, the Congress of the Philippines. ...


Since 1901, there has always been only one Chief Justice. 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. 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. 1901 (MCMI) was a common year starting on Tuesday (see link for calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 13-day-slower Julian calendar). ...


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. More often, the Court also undertakes appellate review of decisions of the trial courts and the Court of Appeals in civil and criminal cases. 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. Judicial review is the power of a court to review a statute, or an official action or inaction, for constitutionality. ... Appellate review is the general term for the process by which courts with appellate jurisdiction take jurisdiction of matters decided by lower courts. ... Judiciary Supreme Court Chief Justice: Reynato Puno Court of Appeals Sandiganbayan Court of Tax Appeals Ombudsman Elections Commission on Elections 2007 | 2004 | 2001 | 1998 1995 | 1992 | 1986 | 1984 1981 | 1978 | 1969 | 1965 1961 | 1957 | 1953 | 1949 1946 | 1941 | 1935 Foreign relations Human rights Other countries â€¢ Politics Portal      The Philippine Court...


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"). 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. 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. En banc or in bank is a term used to refer to the hearing of a case by all the judges of a court. ... En banc or in bank is a term used to refer to the hearing of a case by all the judges of a court. ... In law, a precedent or authority is a legal case establishing a principle or rule which a court may need to adopt when deciding subsequent cases with similar issues or facts. ... 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... En banc or in bank is a term used to refer to the hearing of a case by all the judges of a court. ...


As a case is decided, one justice in the majority is assigned to write the majority opinion for the 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. 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. Majoritarianism is a political philosophy or agenda which asserts that a majority (sometimes categorized by religion, language or some other identifying factor) of the population is entitled to a certain degree of primacy in society, and has the right to make decisions that affect the society. ... // A law school is an institution where future lawyers obtain legal degrees. ... PRESIDENT OF THE PHILIPPINES Jose P. Laurel José Paciano Laurel y García (March 9, 1891 - November 6, 1959) was the president of the Japanese-sponsored Republic of the Philippines from 1943 to 1945. ...


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 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. 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". A Justice who only partially agrees with the majority opinion while disagreeing with portions thereof may even write a "concurring and dissenting opinion". Majoritarianism is a political philosophy or agenda which asserts that a majority (sometimes categorized by religion, language or some other identifying factor) of the population is entitled to a certain degree of primacy in society, and has the right to make decisions that affect the society. ... 1973 (MCMLXXIII) was a common year starting on Monday. ... In law, a concurring opinion is a written opinion by some of the judges of a court which agrees with the opinion of the majority of the court but might arrive there in a different manner. ... A dissenting opinion is an opinion of one or more judges in an appellate court expressing disagreement with the majority 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. 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. 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. A dissenting opinion is an opinion of one or more judges in an appellate court 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 opinion of the majority of the court but might arrive there in a different manner. ... See also Libertarianism and Libertarian Party Libertarian,is a term for person who has made a conscious and principled commitment, evidenced by a statement or Pledge, to forswear violating others rights and usually living in voluntary communities: thus in law no longer subject to government supervision. ... For other uses, see Cold War (disambiguation). ... A dissenting opinion is an opinion of one or more judges in an appellate court expressing disagreement with the majority opinion. ...


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. 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. 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. 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. President Aquino eventually appointed Narvasa over Herrera. 1986 (MCMLXXXVI) was a common year starting on Wednesday of the Gregorian calendar. ... Maria Corazon Sumulong Cojuangco–Aquino (born January 25, 1933), widely known as Cory Aquino, was President of the Philippines from 1986 to 1992. ... Ferdinand Emmanuel Edralín Marcos (September 11, 1917 – September 28, 1989) was the tenth president of the Philippines, serving from 1965 to 1986. ... 1992 (MCMXCII) was a leap year starting on Wednesday. ... Marcelo Fernan Marcelo Briones Fernan (October 24, 1927–July 11, 1999) was a Filipino lawyer and political figure. ... Andres Narvasa was the Chief Justice of the Philippines from 1991 to 1998. ...


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. All other Chief Justices, except for Victorino Mapa, were incumbent Associate Justices at the time of their appointment as Chief Justice. Mapa had served as Associate Justice from 1901 to 1913, when he was appointed as Secretary of Justice. Mapa would be appointed as Chief Justice in 1920. Cayetano L. Arellano (March 2, 1847–December 23, 1920) was the first Chief Justice of the Supreme Court of the Philippines under the American Civil Government. ... The House of Representatives (Kapulungan ng mga Kinatawan in Filipino) is the lower chamber of the Congress of the Philippines. ... 1901 (MCMI) was a common year starting on Tuesday (see link for calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 13-day-slower Julian calendar). ... Year 1913 (MCMXIII) was a common year starting on Wednesday (link will display the full calendar). ... Year 1920 (MCMXX) was a leap year starting on Thursday. ...


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. 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. Puno was eventually appointed as Chief Justice in 2006. Another contender for Chief Justice in 2006 was Senator Miriam Defensor-Santiago. 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. Claudio Teehankee, born on April 18, 1918, the most senior associate justice and chairman of the First Division of the Supreme Court, is known as the courts activist justice becuase of his dissenting opinions in many vital cases affecting the marcos administration. ... Ferdinand Emmanuel Edralín Marcos (September 11, 1917 – September 28, 1989) was the tenth president of the Philippines, serving from 1965 to 1986. ... 2005 (MMV) was a common year starting on Saturday of the Gregorian calendar. ... Justice Artemio Panganiban of the Supreme Court of the Philippines Justice Panganiban is the concurrent chairperson of the Philippines Supreme Court (SC) Third Division and the House of Representatives Electoral Tribunal (HRET), as well as of seven SC committees involved mainly in judicial reforms. ... Reynato Puno Reynato S. Puno (born May 17, 1940) is the current Chief Justice of the Philippines, presiding the Supreme Court of the Philippines. ... 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... // Miriam Defensor Santiago became globally famous with her courageous and brilliant crusade against corruption in the Philippines. ...


Trivia

  • The ten women appointed as Associate Justices of the Court following Cecilia Muñoz-Palma were Ameurfina Melencio Herrera (1979); Irene Cortes (1986); Carolina Griño-Aquino (1987); Flerida Ruth Romero (1991); Minerva Gonzaga-Reyes (1988); Consuelo Ynares-Santiago (1999); Angelina Sandoval-Gutierrez (2000); Alicia Austria-Martinez (2002); Conchita Carpio-Morales (2002); and Minita Chico-Nazario (2003).
  • Abdulwahid Bidin was the first Muslim named an Associate Justice. He was appointed by President Corazon Aquino in 1987. The vast majority of Filipinos appointed to the Court were Catholic. One of the more prominent non-Catholics in the Supreme Court is the current Chief Justice, Reynato Puno, a Methodist.
  • There has been one husband and wife pair who have both served on the Court; Chief Justice Ramon Aquino and Associate Justice Carolina Griño-Aquino. Griño-Aquino was appointed to the Court only after her husband had retired. There have been four father-son pairs who have served in the Court: Associate Justices Florentino Torres (1901-1920) and Luis P. Torres (1949-1950); Chief Justice Ricardo Paras (1941-1961) and Associate Justice Edgardo Paras (1987-1992); Associate Justices Sabino Padilla (1946-1948, 1950-1961) and Teodoro Padilla (1987-1997); and Associate Justices Felicisimo Feria (1945- 1953) and Jose Feria (1986-1987). Other prominent interrelated Justices were Chief Justice Jose Abad Santos and Associate Justice Vicente Abad Santos (uncle-nephew), and Associate Justice Manuel Briones and Chief Justice Marcelo Fernan (uncle-nephew).
  • Until the mid 1950's, several decisions of the Court were written in Spanish, particularly those penned by Justices who were more comfortable in that idiom than in English. The most prolific of the writers in Spanish was Justice Guillermo Pablo, who retired in 1955. At present, all Supreme Court decisions are written in English despite the fact that Filipino is recognized as a national language. This could be attributed to the fact that most law school training and court proceedings are conducted in English.
  • At age 35, the American George A. Malcolm was the youngest person ever appointed Associate Justice, in 1915. Given the present age limit under the Constitution, it is unlikely that this record will ever be broken. The youngest Filipinos named Associate Justices were Claro M. Recto (45 years, 4 months, 25 days old) and Ramon Avanceña (45 years, 5 months, 18 days old).
  • The oldest person ever named Associate Justice was Jose C. Campos, Jr., who was 69 years, 4 months and 23 days old upon his appointment by President Fidel Ramos in 1993. However, Jose Lopez Vito was 69 years, 364 days old when he was temporarily designated to sit on the Court to fill a vacancy during the Japanese Occupation. The oldest Justice seated at the Court upon his retirement or death was Florentino Torres, who was 75 years old when he resigned in 1920, at a time when the present age limit of 70 years was not yet in place.
  • The longest serving Associate Justice was the American E. Finley Johnson, who served in that position for 29 years, 5 months and 27 days, from 1903 to 1933. The longest serving Filipino Associate Justice was Florentino Torres, who served for 18 years, 10 months, and 3 days, from 1901 to 1920. Justices Ramon Avanceña and Cesar Bengzon would serve longer in the Court than Torres, but their tenure as Associate Justice was terminated by their respective promotions to Chief Justice.
  • The Associate Justice serving the shortest period was Ramon Diokno, a former Senator who died within 2 months, 11 days from his appointment to the Court in 1954.
  • The longest-lived Associate Justice was most likely Delfin Jaranilla, who died on June 4, 1980, aged 96 years, 5 months and 11 days. He outlived by a few months Associate Justice (and Chief Justice) Cesar Bengzon, who died on September 3, 1992 aged 96 years, 3 months and 5 days. The Supreme Court website identifies Justice Guillermo Pablo as having died at the age of 106 [1], but this is likely erroneous. Other Associate Justices who lived to be nonagenarians include J.B.L. Reyes, Querube Makalintal, Cecilia Muñoz-Palma, Conrado Vasquez, Jose P. Bengzon, Pastor Endencia, and the still-living Lorenzo Relova.
  • The youngest Associate Justice to die was the American Fletcher Ladd, who died shortly after resigning in 1903 aged 40 years, 356 days. Ladd had served in the Court for less than two years. The youngest Filipino Justice to die was Jose Abad Santos, who was executed by the Japanese at age 56 years, 2 months, 16 days. Gregorio Perfecto died in office aged 57 years, 8 months, 20 days.
  • The most recent Associate Justice to die in office was Leo Medialdea, who died in 1992. Other Associate Justices who died during their incumbency were Fernando Jugo, Ramon Diokno, Gregorio Perfecto, Ignacio Villamor, Carlos Imperial and Charles Johns.

PRESIDENT OF THE PHILIPPINES Jose P. Laurel José Paciano Laurel y García (March 9, 1891 - November 6, 1959) was the president of the Japanese-sponsored Republic of the Philippines from 1943 to 1945. ... The President of the Philippines is the head of state and government of the Republic of the Philippines. ... Presidential, legislative and local elections were held on November 8, 1949 in the Philippines. ... Elpidio Rivera Quirino (November 16, 1890 – February 29, 1956) was the sixth President of the Philippines. ... Claro Mayo Recto (February 8, 1890—October 2, 1960), was a Filipino politician and one of the most brilliant statesmen of his generation. ... The Chief Justice of the Philippines is the head of the Judicial Branch of the government of the Philippines, and presides over the Supreme Court of the Philippines. ... Carlos Polistico Garcia (November 4, 1896 – June 14, 1971) was the 8th president of the Philippines (1957-1961). ... Presidential, legislative and local elections were held on November 12, 1957 in the Philippines. ... Cecilia Muñoz-Palma (November 22, 1913 — January 2, 2006) was the first woman appointed to sit on the Supreme Court of the Philippines. ... A Muslim (Arabic: مسلم, Turkish: Müslüman, Persian and Urdu: مسلمان, Bosnian: Musliman) is an adherent of Islam. ... Maria Corazon Sumulong Cojuangco–Aquino (born January 25, 1933), widely known as Cory Aquino, was President of the Philippines from 1986 to 1992. ... 1987 (MCMLXXXVII) was a common year starting on Thursday of the Gregorian calendar. ... Reynato Puno Reynato S. Puno (born May 17, 1940) is the current Chief Justice of the Philippines, presiding the Supreme Court of the Philippines. ... The Methodist movement is a group of denominations of Protestant Christianity. ... Jose Abad Santos (top-left) is featured on the 1000-peso bill Jose Abad Santos (February 19, 1886—May 7, 1942) was the 5th Chief Justice of the Supreme Court of the Philippines. ... Vicente Abad Santos (July 12, 1916 - December 30, 1993) was a Justice of the Supreme Court of the Philippines. ... Marcelo Fernan Marcelo Briones Fernan (October 24, 1927–July 11, 1999) was a Filipino lawyer and political figure. ... The English language is a West Germanic language that originates in England. ... 1955 (MCMLV) was a common year starting on Saturday of the Gregorian calendar. ... 1915 (MCMXV) was a common year starting on Friday (see link for calendar). ... Claro Mayo Recto (February 8, 1890—October 2, 1960), was a Filipino politician and one of the most brilliant statesmen of his generation. ... PRESIDENT OF THE PHILIPPINES Fidel V. Ramos Fidel Valdez Ramos (born March 18, 1928), military hero of the 1986 People Power Revolution that toppled the dictatorship of Ferdinand Marcos, became the 12th President of the Republic of the Philippines on June 30, 1992. ... 1993 (MCMXCIII) was a common year starting on Friday of the Gregorian calendar and marked the Beginning of the International Decade to Combat Racism and Racial Discrimination (1993-2003). ... Year 1920 (MCMXX) was a leap year starting on Thursday. ... 1903 (MCMIII) was a common year starting on Thursday (see link for calendar) of the Gregorian calendar or a common year starting on Friday of the 13-day slower Julian calendar. ... Year 1933 (MCMXXXIII) was a common year starting on Sunday. ... 1901 (MCMI) was a common year starting on Tuesday (see link for calendar) of the Gregorian calendar (or a common year starting on Wednesday of the 13-day-slower Julian calendar). ... Year 1920 (MCMXX) was a leap year starting on Thursday. ... 1954 (MCMLIV) was a common year starting on Friday of the Gregorian calendar. ... June 4 is the 155th day of the year in the Gregorian calendar (156th in leap years), with 210 days remaining. ... 1980 (MCMLXXX) was a leap year starting on Tuesday. ... September 3 is the 246th day of the year (247th in leap years) in the Gregorian calendar. ... 1992 (MCMXCII) was a leap year starting on Wednesday. ... A nonagenarian is a person in the age group from 90 to 99 years old. ... Cecilia Muñoz-Palma (November 22, 1913 — January 2, 2006) was the first woman appointed to sit on the Supreme Court of the Philippines. ... 1903 (MCMIII) was a common year starting on Thursday (see link for calendar) of the Gregorian calendar or a common year starting on Friday of the 13-day slower Julian calendar. ... Jose Abad Santos (top-left) is featured on the 1000-peso bill Jose Abad Santos (February 19, 1886—May 7, 1942) was the 5th Chief Justice of the Supreme Court of the Philippines. ... 1992 (MCMXCII) was a leap year starting on Wednesday. ...

See also

The Supreme Court of the Philippines is the countrys highest judicial court, as well as the court of last resort. ... The Chief Justice of the Philippines is the head of the Judicial Branch of the government of the Philippines, and presides over the Supreme Court of the Philippines. ... The Judicial and Bar Council of the Philippines is a body that recommends appointees for vacancies that may arise in the composition of the Supreme Court and other lower courts. ... The Constitution of the Philippines (Saligang Batas ng Pilipinas in Filipino) is the supreme law of the Philippines. ...

References

  • The Supreme Court E-library
  • Sevilla, Victor J. (1985). Justices of the Supreme Court of the Philippines Vol. I. Quezon City, Philippines: New Day Publishers. ISBN 971-10-0134-9. 
  • Sevilla, Victor J. (1985). Justices of the Supreme Court of the Philippines Vol. II. Quezon City, Philippines: New Day Publishers. ISBN 971-10-0137-3. 
  • Sevilla, Victor J. (1985). Justices of the Supreme Court of the Philippines Vol. III. Quezon City, Philippines: New Day Publishers. ISBN 971-10-0139-X. 

 
 

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