Question & AnswerQ&A (Act No. 136)
The judicial power is vested in the Supreme Court, Courts of First Instance, and courts of justices of the peace, along with special jurisdictions of municipal courts and other special tribunals authorized by law.
A person must be more than thirty years old, a citizen of the United States or native/acquired political rights of the Philippine Islands, and must have practiced law or been a judge for at least five years in the US, Philippine Islands, Spain, or any Spanish territory before Treaty of Paris.
The Supreme Court consists of a Chief Justice and six associate judges.
The Chief Justice's salary is $7,500 annually, and each associate judge receives $7,000 annually, payable monthly.
Courts of First Instance have original jurisdiction in civil actions where the amount in controversy is $100 or more, actions involving title or possession of real property, actions not capable of pecuniary estimation, probate matters, annulment of marriage, admiralty cases, and criminal cases punishable by imprisonment over six months or fines exceeding $100.
The Philippine Commission appoints justices of the peace who hold office during the pleasure of the Commission.
Justices of the peace have original jurisdiction over misdemeanors with penalties not exceeding six months imprisonment or a $100 fine, civil actions with demands less than $300, including forcible entry and detainer cases, but not cases involving title or possession of real estate, probate, annulment of marriage, or admiralty.
The Attorney-General prosecutes or defends all cases involving the US or Philippine governments, oversees enforcement of judgments, assists provincial fiscals, institutes suits on official bonds or contracts, prepares legal drafts, represents the government in collections, and provides legal opinions to government officials.
They must swear or affirm to administer justice impartially without respect to persons, faithfully discharge duties according to Philippine laws, recognize the supreme authority of the US in the Islands, maintain true faith and allegiance thereto, and impose this obligation voluntarily without mental reservation.
Judges of the Courts of First Instance appoint notaries to serve for two years within their provinces, requiring an oath and commissioning. Notaries have powers to administer oaths, certify documents, and keep registers of official acts. They may be removed for good cause by the appointing judge.
Clerks receive fixed annual salaries ($3,000 for Supreme Court clerks, $1,200 for most Courts of First Instance), and all fees charged by them belong to the government. They may employ assistants with approval from the Supreme Court judges and Chief Executive.
The governor or deputy serves as officer of the courts to serve process and maintain order except in Manila where a sheriff appointed by the Commission performs these duties. Such officers must provide official bonds to guarantee faithful performance.
The Supreme Court appoints a reporter to prepare opinions for publication in the 'Philippine Reports,' initially in English and Spanish, later only in English, including case synopses and syllabi without recital of facts.