The Judiciary

The Philippine Constitution has wisely vested judicial power in one Supreme Court, as well as in such lower courts as may be established by law. The judiciary -- the third and co-equal branch of government -- plays a fundamental role in upholding the social order and establishing a peaceful equilibrium in the whole of society. Its primary function is to resolve conflicts through the application of pre-existing rules, norms or (in some cases) precedents, which the Supreme Court itself had earlier established through its decisions, which are recognized as part of the law of the land.

Since its creation on 11 June 1901 with the passage by the Second Philippine Commission of Act 136, the Supreme Court of the Philippines has played a pivotal key in our country's history, and have deeply impacted our society's way of life. Aside from its power of judicial review, the Highest Court also has the exclusive power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the underprivileged. It enjoys fiscal autonomy and exercises administrative supervision over the lower courts and its personnel. To ensure its independence, our Constitution has proscribed Congress from passing any law reorganizing the Judiciary when it undermines the security of tenure of its members.

Surely, an impartial judiciary, unrestrained or unchained by any form of interference or pressure, is a must in attaining a society of law and not of men, and in achieving the often elusive "rule of law" environment. While there is no internationally accepted definition of the rule of law, its key elements always include an independent judiciary and separation of powers. Of course, not to be forgotten are the elements of non-discrimination and equality before the law, respect for human rights, the hierarchy of norms, and the substantive coherence of the legal framework.

Until today, the judiciary still struggles with the issues of accessibility and speedy disposition of cases. Thankfully, reforms are being pursued to address these; for indeed, the ability to readily seek redress for grievance within a reasonable period, and every citizen's strengthened access to the judicial system are ideals that must be unrelentingly pursued.

In fine, well-functioning legal institutions must be organized, strengthened, and sustained, as these are critical for closing the gap between law on paper and justice in practice. The least and last in our society must know and actually experience that they, too, can seek judicial succor; and that the wheels of justice do not grind painstakingly slow, but turns proactively fast for all.