Constitution of the Judiciary
- Judicial power vested in Supreme Court, Courts of First Instance, justices of the peace, and other authorized special tribunals.
- Supreme Court and Courts of First Instance are courts of record.
Qualifications for Judges
- Chief Justice, Supreme Court judges, Courts of First Instance judges, and Attorney-General must be over 30 years old.
- Must be a U.S. citizen or native/acquired political rights in the Philippine Islands.
- Must have 5 years legal practice or relevant office requiring a legal degree.
Work Hours and Leaves
- Working hours for Supreme Court and Courts of First Instance employees regulated by Civil Service Act.
- Leaves of absence granted by Chief Justice for Supreme Court officials and by court judges for Courts of First Instance employees.
- Chief Justice manages own leaves, all governed by Civil Service rules.
Travel and Salary Provisions for Judges
- U.S.-based judges traveling to Philippines for office paid travel expenses, half salary en route, full salary upon arrival.
- Judges retiring after three years may be granted transport home and half salary for 30 days.
Official Oath of Judicial Officers
- Judicial officers must take an oath to administer justice impartially and acknowledge U.S. authority.
- Oaths filed and recorded by the court clerk.
Supreme Court Composition and Operations
- Composed of Chief Justice and six associate judges; quorum of five.
- Four concurring judges needed for judgment.
- Terms held in Manila, Iloilo, and Cebu with fixed schedules.
- Written decisions signed by concurring judges with clear grounds.
Jurisdiction of Supreme Court
- Original jurisdiction: issuance of writs like mandamus, certiorari, habeas corpus.
- Appellate jurisdiction: appeals from Courts of First Instance and other tribunals.
- Can issue necessary auxiliary writs for jurisdiction exercise.
Clerks and Officers
- Supreme Court clerk appointed by Commission with salary; responsible for records and translations.
- Clerk must execute bond and can hire deputies.
- Provincial governors or their deputies act as court officers for process serving outside Manila; Manila sheriff serves within Manila.
- Court officers required to execute bonds and paid by fees based on Civil Procedure fee bill.
Rules and Assignments
- Supreme Court judges make procedural rules uniform across courts.
- Supreme Court judges may be assigned to Courts of First Instance to hear cases.
Reporting and Publication of Decisions
- Reporter of decisions appointed by Supreme Court judges with salary.
- Decisions published bilingually until 1906, then only in English.
- Reports published as Philippine Reports with indexes and distributed to government offices and libraries.
Transfer and Abolition of Existing Courts
- Pending cases from abolished Audiencia and Contencioso Administrativo transferred to new Supreme Court.
- Existing Supreme Court and Courts of First Instance abolished and replaced by new courts established by the Act.
Attorney-General and Staff
- Attorney-General appointed by Commission with salary; assisted by Solicitor-General and Assistant Attorney-General.
- Oaths of office required acknowledging duty and impartiality.
- Attorney-General handles cases involving government interest, prosecutions, legal opinions for government officials, and reports on public service.
Courts of First Instance
- One Court of First Instance established per province, judges appointed by Commission.
- Manila has one Court of First Instance with two judges sharing cases.
- Courts open during fixed hours; judges paid salaries depending on location.
- Original jurisdiction includes civil cases above $100, probate, and serious criminal cases.
- Appellate jurisdiction over lower courts.
- Court clerks appointed with salary and bond requirements.
Justice of the Peace Courts
- Established in all municipalities with a Court of First Instance, justices appointed by Commission.
- Jurisdiction covers misdemeanors with penalties under six months or $100 fine, civil cases under $300, and forcible entry and detainer actions.
- Justices receive fees per case, no salary; fares and fines handled according to municipal and Insular government rules.
- Bonds required for justices for faithful office performance.
- Assistance provided by deputies and bailiffs for serving process.
Notaries Public
- Continuation of existing notarial laws until new land title registration system enacted.
- Judges appoint notaries public for provinces and Manila; commissions valid for two years.
- Notaries take oath, keep registers, and have powers to administer oaths and certify commercial and property documents.
- Notaries must affix date of commission expiration on instruments.
- Willful certification after commission expiration is a misdemeanor.
Effective Date
- The Act takes effect on June 16, 1901.