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The Supreme Court of thePhilippines

(Filipino: Kataas-taasang Hukuman ngPilipinasor Korte Suprema) is the

Philippines' highest judicial court, aswell as the court of last resort. The

court consists of 14 Associate Justicesand 1 Chief Justice. Pursuant to theConstitution, the Supreme Court has

"administrative supervision over allcourts and the personnel thereof"

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The conclusions of the Supreme Court inany case submitted to it for decision en

bancor in division shall be reached inconsultation before the case is assigned toa Member for the writing of the opinion of

the Court. A certification to this effectsigned by the Chief Justice shall be issuedand a copy thereof attached to the recordof the case and served upon the parties.

Any Member who took no part, ordissented, or abstained from a decision orresolution must state the reason therefore.

The same requirements shall be observed

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Procedure in Rendering Decisions

1. Conclusions of

decisions reached in

consultation

Certification of

Compliance

2. Purpose of

Requirement

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Requirement in Case of:

1. Non-participation or abstention2. Dissent (disagree/oppose/dispute)

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What is the reason for the requiredexplanation to be given by the individualJustices for their non-participation to be

given by individual Justices for their non-participation abstention?

To encourage participation.

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What is the purpose of the certificationrequired by Section 13?

Ensure the implementation of theconstitutional requirement that decisions ofthe Supreme Court and lower collegiate

courts are reached after consultation withthe members of the court.

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What is the effect of absence of certification?

The lack of certification at the end of thedecision would only serve as evidence offailure to observe certification requirementand maybe basis for holding the official

responsible for the omission to accounttherefor.

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No decision shall be rendered by any

court without expressing thereinclearly and distinctly the facts and

the law on which it is based.No petition for review or motion forreconsideration of a decision of the

court shall be refused due courseor denied without stating the legalbasis therefore.

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Decision- Judgment rendered by a court of justice

or other competent tribunal after the

presentation of the respective positions

of the parties in an ordinary or criminal

case of upon a stipulation of facts upon

which the disposition of the case is

based.

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Form of Decision of Court

Statement of both factual and legal bases.

Reason for requirement. Statement of Legal basis only.

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What does the rule on decisions and

petitions require?

The Court clarified the constitutionalrequirement that a decision must expressclearly and distinctly the facts and law onwhich it is based as referring only to

decisions.

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The purpose of this requirement is to

inform the person reading the decision,

and especially the parties of how it wasreached by the court after considerationof the pertinent facts and examination

of the applicable laws.

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The proceedings in a military tribunalterminate with a simple guilty or not guiltyverdict. Does this violate the provision that

a decision of a court record shall clearlyand distinctly State the facts and the law on

which it is based?

No.

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NoteNor does Section 14 apply to the COMELEC, which

is not a court.

The Supreme Court has discretion to decidewhether minute resolutions should be used inlieu of a full dress decision.

If a Judge in his decision adopts the report of a HearingExaminer in a labor case, does he thereby violate Section

14 which requires that every decision of a court shall

clearly and distinctly state the facts and the law on whichit is based?

No.

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(1) All cases or matters filed after the effectivityof this Constitution must be decided or

resolved within twenty-four months from dateof submission for the Supreme Court, and,

unless reduced by the Supreme Court, twelvemonths for all lower collegiate courts, and

three months for all other lower courts.

(2) A case or matter shall be deemed submittedfor decision or resolution upon the filing of

the last pending, brief, or memorandumrequired by the Rules of Court or by the court

itself.

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(3) Upon the expiration of the correspondingperiod, a certification to this effect signed by the

Chief Justice or the presiding judge shallforthwith be issued and a copy thereof attachedto the record of the case or matter, and servedupon the parties. The certification shall state

why a decision or resolution has not beenrendered or issued within said period.

(4) Despite the expiration of the applicablemandatory period, the court, without prejudice tosuch responsibility as may have been incurred inconsequence thereof, shall decide or resolve the

case or matter submitted thereto fordetermination, without further delay.

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Maximum Periods for Rendition of

Decisions From date of submission for decision or

resolution

Supreme Court

The Court of Appeals and other collegiate

appellate courts

Lower Courts

Where no decision or resolution has been

rendered or issued

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Time Limitations Mandatory

Purpose

Consequence of Violation

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What effect does the lapse of thereglementary period have on cases filedafter the effectivity of this constitution?

The case remains undecided.

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What effect does it have on the Justices orjudges concerned?

It can be a ground for impeachment or otherform of disciplinary action if it is found toconstitute culpable violation of theConstitution.

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NoteThe Code of Judicial Conduct requires judges to

decide cases and matters pending before themwithin the period fixed by law.

Their failure to do so constitutes gross inefficiencyand warrants administrative sanctions.

A heavy case load and a poor health may partiallyexcuse such lapses, only if the judges concernedrequest reasonable extensions.

In the present case, however, the respondent madeno effort to inform this Court of his reasons for

the delay, much less to request any extension.Worse, he signed certifications that all cases and

motions pending before him had been attendedto within the prescribed period.

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What effect does the lapse of thereglementary period have on cases filedbefore the effectivity of this constitution?

Answer to this is to be found in Sections 14and 14 of Article XVIII

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The Supreme Court shall, withinthirty days from the opening ofeach regular session of the

Congress, submit to thePresident and the Congress an

annual report on the operationsand activities of the Judiciary.

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Submission of Annual Report