Associate Justice of the Supreme Court of the Philippines

An associate justice of the Supreme Court of the Philippines (Filipino: Kasangguning Mahistrado ng Kataas-taasang Hukuman ng Pilipinas[1]) is one of fifteen members of the Supreme Court of the Philippines, the highest court in the Philippines. The chief justice presides over the high court, but carries only one of the 15 votes in the court. Traditionally, the chief justice is deemed primus inter pares ("first among equals") among the justices.

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, 15 other women have been appointed as Associate Justices of the Supreme Court. The most recent woman to be appointed to the high tribunal is Maria Filomena Singh, a former justice of the Court of Appeals of the Philippines on May 18, 2022.

Current associate justices

As of March 20, 2024, there are fourteen associate justices on the Supreme Court, with the most recent appointment being that of Maria Filomena Singh on May 18, 2022.

The justices, ordered by seniority, are:

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.

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.

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.

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.

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.

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.

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".

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.

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 and is duly considered in all matters of protocol. 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 in the Court was modified upon the assumption to the presidency of Corazon C. 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 Marcos-appointed Justices: Ameurfina A. Melencio-Herrera, Hugo E. Gutierrez, Jr.[13] and Nestor B. 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 B. Fernan than Andres R. 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.

The incumbent Justice with the earliest date of appointment is deemed the Senior Associate Justice. The Senior Associate Justice has no constitutional or statutory duties, but 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 the second division of the Court.

The following became Senior Associate Justices in their tenure in the Supreme Court:

* Appointed as Chief Justice
* Elected as President
No.Senior Associate JusticeYear AppointedTenure
1Florentino Torres19011901–1920
2Elias Finley Johnson19031920–1933
3Thomas A. Street19171933–1935
4George A. Malcolm19171936–1936
5Antonio Villa-Real19251936–1940
6José Abad Santos19321940–1941
7José P. Laurel Sr.19361941–1942
8Manuel V. Moran19381942–1945
9Roman Ozaeta19411945–1950
10Ricardo M. Paras Jr.19411950–1951
11Felicisimo R. Feria19451951–1953
12César F. Bengzon19451953–1961
13Sabino B. Padilla19451961– 1964
14Roberto R. Concepcion19541964–1966
15Jose B. L. Reyes19541966–1972
16Querube C. Makalintal19621972–1973
17Roberto Regala19621973–1975
18Fred Ruiz Castro19661975–1976
19Enrique M. Fernando Sr.19671976–1979
20Claudio Teehankee Sr.19681979–1987
21Ameurfina Melencio-Herrera1979 and 1986April 2, 1987–May 11, 1992
22Hugo Gutierrez Jr.1982 and 1986May 11, 1992–March 31, 1993
23Isagani A. Cruz1986March 31, 1993–October 11, 1994
24Florentino P. Feliciano1986October 11, 1994–December 13, 1995
25Teodoro R. Padilla1987December 13, 1995–August 22, 1997
26Florenz D. Regalado1988August 22, 1997–October 13, 1998
27Flerida Ruth P. Romero1991October 13, 1998–August 1, 1999
28Josue N. Bellosillo1992August 1, 1999–November 13, 2003
29Reynato S. Puno1993November 13, 2003–December 7, 2006
30Leonardo A. Quisumbing1998December 7, 2006–November 6, 2009
31Antonio T. Carpio2001November 6, 2009–October 26, 2019
32Estela M. Perlas-Bernabe2011October 26, 2019–May 14, 2022
33Marvic Leonen2012May 14, 2022–present

Becoming 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.

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. When Justice Renato Corona assumed as Chief Justice on May 17, 2010, the most senior Associate Justice was Antonio Carpio, who was appointed to the Court in October 2001, 6 months before Corona's own appointment.

List of associate justices

Living former associate justices

RankJusticeLife datesAgeNotes
13Regino C. Hermosisima Jr.October 18, 192796 years, 266 daysCurrent oldest living former associate justice
28Minerva Gonzaga-ReyesSeptember 25, 193192 years, 289 days
30Bernardo P. PardoFebruary 11, 193292 years, 150 days
36Santiago M. KapunanAugust 12, 193291 years, 333 days
42Vicente V. MendozaApril 5, 193391 years, 96 days
44Josue N. BellosilloNovember 13, 193390 years, 240 days
50Jose C. VitugJuly 15, 193489 years, 361 days
59Hilario Davide Jr.December 20, 193588 years, 203 daysNineteenth chief justice (1998–2005)
64Artemio V. PanganibanDecember 7, 193687 years, 216 days20th chief justice (2005–2007)
70Angelina Sandoval-GutierrezFebruary 28, 193886 years, 133 days
78Adolfo S. AzcunaFebruary 16, 193985 years, 145 days
79Dante O. TiñgaMay 11, 193985 years, 60 days
82Consuelo Ynares-SantiagoOctober 5, 193984 years, 279 days
84Reynato PunoMay 17, 194084 years, 54 days22nd chief justice (2006–2010)
86Alicia Austria-MartinezDecember 19, 194083 years, 204 days
89Conchita Carpio-MoralesJune 19, 194183 years, 21 days
98Roberto A. AbadMay 22, 194480 years, 49 days
111Martin Villarama Jr.April 14, 194678 years, 87 days
115Arturo D. BrionDecember 29, 194677 years, 194 days
121Bienvenido L. ReyesJuly 6, 194777 years, 4 days
123Jose C. MendozaAugust 13, 194776 years, 332 days
129Presbitero Velasco Jr.August 8, 194875 years, 337 days
134Teresita Leonardo-de CastroOctober 8, 194875 years, 276 daysde Jure 24th chief justice (2018)
136Samuel R. MartiresJanuary 2, 194975 years, 190 daysServing as the Ombudsman since 2018.
137Noel G. TijamJanuary 5, 194975 years, 187 days
141Mariano del CastilloJuly 29, 194974 years, 347 days
142Francis JardelezaSeptember 26, 194974 years, 288 days
143Lucas BersaminOctober 18, 194974 years, 266 days25th chief justice (2018–2019)
144Antonio CarpioOctober 26, 194974 years, 258 days
148Andres B. Reyes Jr.May 11, 195074 years, 60 days
150Jose Reyes Jr.September 18, 195073 years, 296 days
153Rosmari CarandangJanuary 9, 195272 years, 183 days
155Diosdado PeraltaMarch 27, 195272 years, 105 days26th chief justice (2019–2021)
156Estela Perlas-BernabeMay 14, 195272 years, 57 days
157Edgardo L. Delos SantosJune 12, 195272 years, 28 days
181Maria Lourdes SerenoJuly 2, 196064 years, 8 daysde facto chief justice (2012–2018)

The most recent death of a former justice was that of Antonio Nachura, who died on March 13, 2022, aged 80 years, 273 days.

See also

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.

Notes