QuestionsQuestions (Act No. 136)
Courts of justice must be maintained in every province where civil government is established, must be open for the trial of all causes proper for their cognizance, and justice must be impartially administered without corruption or unnecessary delay.
The judicial power is vested in the Supreme Court, Courts of First Instance, and courts of justices of the peace (plus special jurisdictions/tribunals authorized by law). The Supreme Court and Courts of First Instance are courts of record.
Must be more than 30 years of age; a U.S. citizen or native of the Philippine Islands (or have acquired political rights of a native by virtue of the Treaty of Paris); and must have practiced law or served as a judge of a court of record in the U.S./Philippines/Spain (or certain pre-Paris Spanish territories) for 5 years, or filled an office requiring a legal degree as indispensable qualification in the Philippines/Spanish territories for 5 years.
(1) The Chief Justice grants leaves of absence for Supreme Court judges and Attorney-General officials and their Supreme Court subordinates. (2) For Courts of First Instance, the judge grants leaves of absence for clerks and subordinates within each province in the judicial district.
(a) Original jurisdiction: issuance of writs of mandamus, certiorari, prohibition, habeas corpus, and quo warranto in the cases/manner under the Code of Civil Procedure and other cases provided by law. (b) Appellate jurisdiction: actions/special proceedings properly brought from Courts of First Instance and other tribunals when the law provides an appeal.
At least four members of the Supreme Court must concur to pronounce a judgment.
Quorum: any five members when convened may transact business. Concurrence for judgment: at least four members. If there is no quorum, members present may adjourn with the same effect as if all were present. The Supreme Court is “always open,” holds regular terms at specified dates/places, and uses minimum session hours/days for business.
From Luzon, Mindoro, Marinduque, Palawan (Paragua): Manila. From Romblon, Panay, Masbate, Negros, Sulu Archipelago, and south half of Mindanao: Iloilo. From Cebu, Bohol, Samar, Leyte, and north half of Mindanao: Cebu.
Whenever the public good, convenience of individuals, or necessity for speedy hearings requires that an action that would be triable at one of those places be heard at another, the Supreme Court may order it with the same effect as if heard at the place originally provided.
Yes. Decisions must be given in writing, signed by the judges concurring, and must state the grounds briefly as consistent with clearness.
The Supreme Court may assign any of its judges to hear a particular cause pending in any Court of First Instance or to hold a term in a Court of First Instance. The assigned judge has full powers of the regular Court of First Instance judge in actions heard, but cannot sit in the Supreme Court in review of decisions made by him in that Court of First Instance.
They have original jurisdiction in criminal cases where the penalty may exceed six months’ imprisonment or a fine exceeding one hundred dollars.
Examples: (1) civil actions where the subject of litigation is not capable of pecuniary estimation; (2) actions involving title to or possession of real property or any interest therein; (3) actions involving legality of a tax/impost/assessment (except forcible entry into and detainer jurisdiction of justice courts); (4) civil actions where the demand (exclusive of interest) or value of property in controversy is one hundred dollars or more; (5) admiralty/maritime jurisdiction irrespective of amount.
For misdemeanors/offenses: original jurisdiction where the sentence may not exceed six months’ imprisonment or a fine of one hundred dollars. For civil: original jurisdiction over civil actions properly triable within the municipality not given to Courts of First Instance, where the demand/value is less than three hundred dollars. He also has jurisdiction over forcible entry and detainer irrespective of amount.
Justice of the peace has concurrent civil jurisdiction for cases where demand/value is one hundred dollars or more but less than three hundred dollars. Limitation: justice of the peace cannot hear cases where the subject is not capable of pecuniary estimation, involves title/possession/interest in real estate, legality of tax/impost/assessment, admiralty/maritime cases, probate-related matters, guardianship/trustees/receivers, or annulment of marriage—except forcible entry and detainer which remains within his jurisdiction.
Justices of the peace receive no salaries or allowances. They receive a fee of three pesos for each action tried. In civil actions, fees are paid by the successful party and taxed as part of costs against the defeated party. In criminal actions, fees are paid by the municipality, then taxed as part of costs to be paid by the defendant if convicted.
Notaries public are appointed by judges of Courts of First Instance in their respective provinces (at least one for every organized municipality), holding office for two years from January 1 of the year appointed, with jurisdiction extending throughout the province only. In Manila, judges of the Supreme Court appoint notaries public for the city, also for two years from January 1, with jurisdiction limited to Manila.
Notaries must deposit in the office of the keeper of the general archives in Manila all registers, files, original documents, protocols, and notarial instruments in their possession/custody. The custodian must preserve them and issue attested copies upon request by interested persons.