Curtailing subjectivism: A comparative study of the appointment processes of Supreme Court justices under the Philippine and United States of America systems

• Main Authors: Tengco, Sheenalyn R., Villanueva, Feliz Angela A.
• Format: text
• Language: English
• Published: Animo Repository 2010
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17760
• Institution: De La Salle University

The 1987 Constitution of the Philippines grants the President the sole power to appoint Justices of the Supreme Court with the aid of the Judicial and Bar Council which crafts the list of nominees credible to be one of the members of the highest court of the land. With the great power vested upon the President, politicians claim that the whole process is flawed and is highly politicized. This controversy has long been addressed by the framers of the 1987 Constitution when they created the JBC. Since our laws are patterned with that of the U.S. Constitution, this study will identify and delve the key differences in the appointment process and distinguish our current systems advantages and disadvantages in comparison to the U.S. system. The aim is to develop a new system that curtails subjectivity, paving way for objectivity in the subjective process.