The Supreme Court (SC) has adopted a framework on the use of artificial intelligence (AI) to enhance operational efficiency in the judiciary and expand access to justice while acknowledging the technology's inherent limitations and risks involved in its use.
In a full court resolution issued last February 18 and made public last March 19, the SC said the key feature of the framework is “human-centered augmented intelligence” which emphasizes that technology must remain centered on humans and should only support, not replace, human reason and judgment.
It said that in the judiciary, AI tools are meant to help strengthen human cognitive skills. “The use of human-centered augmented intelligence should be centered on human values, such as the promotion of the rule of law and fundamental freedoms, dignity and autonomy, privacy and data protection, fairness, nondiscrimination, and social justice,” it stressed.
The SC resolution also contained a comprehensive guide on the responsible use of human-centered augmented intelligence in the judicial system, based on three ethical principles: fairness, accountability, and transparency.
It pointed out that the three principles support “the ethical and responsible use of human-centered augmented intelligence tools in the judiciary” and “reinforce the public’s faith and confidence in the independence and impartiality of the judicial system.”
The SC said the framework was developed by a working group chaired by Senior Associate Justice Marvic M.V.F. Leonen, with Associate Justices Ramon Paul L. Hernando and Rodil V. Zalameda as vice chairpersons.
It also said the framework was created with the help of other members of the judiciary, subject matter experts, lawyers, and the academe, and further refined through consultations with the SC as a full court, the SC’s Management Information Systems Office, and the Office of the Chief Attorney.
It added that to ensure international standards, the framework was also drawn from global best practices, including those from the Council of ASEAN Chief Justices Governance Framework on the Use of Artificial Intelligence (AI) for the ASEAN Judiciaries and UNESCO Guidelines for the Use of AI Systems in Courts and Tribunals.
The SC said the AI framework also expands its ethical scope by including environmental responsibility and sustainability. It encourages the adoption of AI tools that reduce ecological harm and the efficient use of resources, it also said.
To ensure consistent implementation, the SC said it will create a permanent Committee on Human-Centered Augmented Intelligence which will serve as the main advisory body, and guide the design, development, and ethical use of AI tools in the judiciary.
It said the committee members will come from stakeholders in the legal community and other fields relevant to AI use in courts, focusing on judicial leadership, technical expertise, and technology ethics.
The SC said the framework applies to Justices and judges of all court levels, court officials and employees, court users, as well as vendors or third-party contractors involved in designing, developing, or using AI tools for the judiciary.
It also said that no AI tool may be used unless authorized by the SC as a full court.
At the same time, the SC said the implementation is recommended in phases, starting with pilot testing before a gradual rollout and the disclosure of AI use is mandatory.
It said that users must state the AI tool used, its version, why it was used, and the level of AI involvement and human oversight. They must also declare that they are responsible for the output in line with the accountability principle, it also said.
It added that judiciary members, court officials, and employees must disclose the use of AI tools in preparing court-issued documents for adjudication.
The disclosure must include voice-to-text transcription, translation, automated compilation or generation of structure authorities, citations or other paratext, legal research, document summarization, automated document processing including optical character recognition, copy-editing or proofreading, and data redaction or sanitation in accordance with applicable laws and rules, the SC said.
The other salient features of the framework:
- AI tools are meant to assist and enhance human cognitive skills, not replace human judgment and discernment. They must not reduce human control, management, and supervision.
- No AI tool may be used if it could harm stakeholders, violate rights, or undermine the rule of law.
- AI tools or their outputs must not be the sole basis for any adjudicatory decision. Human decision-makers remain responsible for independent legal reasoning and final judgments that determine the rights and duties of parties.
- On fairness and non-discrimination, the framework requires that the development and use of human-centered augmented intelligence must not worsen existing inequalities or create new forms of discrimination.
- The judiciary shall offer training programs to address algorithmic bias, automation bias, and other errors or negative effects that may arise when people interact with computer systems.
- The right to privacy and data protection must be maintained at all stages— from design to use. Users must know what data is entered into an AI tool, how it is processed, and who can access it.
- Confidential, privileged, sensitive, or secret information must not be processed using AI tools without express authority.
- Before any AI tool is used, a comprehensive risk assessment must be conducted to guard against threats such as data poisoning.
- To promote transparency and build confidence in the Judiciary’s use of AI, stakeholder consultations will be held to test, evaluate, and review effectiveness.
- The SC will also enhance its own monitoring, auditing, and cybersecurity to avoid overreliance on external parties and safeguard against potential attacks.
- The framework supports the SC’s Strategic Plan for Judicial Innovations 2022–2027 (SPJI), which aims to build a technology-driven Judiciary that is transparent, accountable, and accessible. It guides the ethical and managerial use of AI not only for judges and court staff but also for anyone who transacts with or appears before any court or judiciary office.