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The Philippine Judiciary: Strengthening the Third Branch of Government


Using the constitutional performance assessment framework, this policy study looks at the following issues related with the Philippine judiciary: the changing nature of the structure and power in the judiciary as specified by the 1987 Constitution; the administration and delivery of justice; people’s access to the courts; positive and negative perceptions of the judiciary and justice issues; judicial independence; and the manner of appointments. Focus is also on the changing role of the judiciary in Philippine politics, particularly the landmark rulings of the post-1986 Supreme Court; the role of Supreme Court Justice Hilario Davide in the impeachment trial of President Joseph Estrada and the Supreme Court’s ruling on the assumption to the Presidency of Gloria Macapagal Arroyo in 2001; the implications of the impeachment of Chief Justice Renato C. Corona in 2012; and the removal of Chief Justice Maria Lourdes Sereno by the Supreme Court in 2018, in response to the quo warranto petition filed by the Solicitor General. What are the implications of these events and decisions on the strengthening and/or weakening of the judiciary vis-à-vis the executive and legislative branches of government? In conclusion, the chapter assesses the current status of the Philippine judiciary in Philippine politics, democracy, and development. It also highlights the challenges and needed reforms to address the problems besieging the judiciary. The study draws from available academic literature, government documents, literature from nongovernment and international agencies, media reports, proceedings of public fora, and focus group discussions.


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