Duterte’s Con-com eyes three high courts under federalism

Con-com head former Supreme Court Chief Justice Reynato Puno (right) and Con-com spokesman Ding Generoso (left) during the press briefing on Monday, May 21, 2018. The panel created by the President Rodrigo Duterte to review and revise the 1987 Constitution is eyeing to establish three high courts under the new federal Charter. (INQUIRER.net/Julius N. Leonen)

President Rodrigo Duterte’s Consultative Committee (Con-com) is proposing the creation of three high courts under a federal constitution.

In a press briefing on Monday, Con-com spokesman Ding Generoso identified these as Federal Supreme Court (FSC), Federal Constitutional Court (FCC), and Federal Administrative Court (FAC).

Generoso explained that these three high courts would have distinct and separate jurisdiction.

In particular, impeachment cases under the federal Charter would be tried before the FCC, with Congress acting as the initiator and prosecutor, he explained.

Composition, jurisdiction

The FSC would be composed of one Chief Justice and eight Associate Justices, according to Generoso, as it would have jurisdiction over cases involving conflicts between federal government agencies, as well as conflicts between federal and regional governments.

It would also exercise jurisdiction over criminal offenses punishable by death, petitions for certiorari, prohibition and quo warranto, and issues of jurisdiction of any lower court, he added.

Similarly, Generoso said the FCC and FAC would each consist of one Presiding Justice and eight Associate Justices.

The FCC, he said, would have jurisdiction over any matter involving “pure questions of constitutionality” as well as the power to try cases of impeachment against all impeachable officials.

When sought by Congress, the FCC may also provide an “advisory opinion” on the constitutionality of crucial legislation, Generoso also said.

The FAC, on the other hand, would have exclusive jurisdiction to review on appeal or certiorari the decisions, judgments, final orders or resolutions of quasi-judicial bodies, according to the Con-com spokesperson.          /kga