One Court of First Instance for each province.
SEC. 48. One Court of First Instance for each province.—There shall be in each province in which civil government has been or shall be organized under the sovereignty of the United States, a Court of First Instance, in each of which a judge shall preside, to be appointed by the Philippine Commission, to hold office during its pleasure. Each judge so appointed shall preside in all Courts of First Instance in his judicial district, which shall consist of such provinces as shall be hereafter by law designated to constitute such judicial district. But this section shall not apply to the Province of Benguet, nor to other provinces in which a special civil government shall be organized for largely uncivilized people, nor to the city of Manila.
In Manila.
SEC. 49. In Manila.—There shall be one Court of First Instance for the city of Manila, and two judges shall be appointed by the Commission, to serve during its pleasure, to preside in such court in separate court rooms.
Actions brought in the Court of First Instance for the city of Manila shall be equally apportioned for trial between the two judges, in accordance with a rule to be made by the judges of the Supreme Court. Any action apportioned to one judge may be tried by the other judge, when more convenient to the judges.
Salaries of judges of Courts of First Instance.
SEC. 50. Salaries of judges of Courts of First Instance.—Judges of the Courts of First Instance for the city of Manila shall receive a salary at the rate of five thousand five hundred dollars per year.
The salaries of other judges of Courts of First Instance shall be specially prescribed by law, according to the importance and responsibility of the duties to be performed.
Transferring of judges for special reasons.
SEC. 51. Transferring of judges for special reasons.—Any judge of a Court of First Instance may be ordered by the Supreme Court to hold a term or part of a term of any Court of First Instance, although not in the district which properly appertains to his jurisdiction, whenever in the opinion of the judges of the Supreme Court such assignment is necessary, by reason of absence, illness, or disqualification of the judge who would properly preside in such court, or whenever, by reason of an unusual amount of business, the services of an additional judge may be needed in any district or province.
The judgments, orders, and proceedings of the judge so assigned to another province or judicial district, shall be equally effective as if the regular judge of the province in which the court is held had presided.
Judge may preside in another province at request of judge of that province.
SEC. 52. Judge may preside in another province at request of judge of that province.—A judge of any Court of First Instance may hold the Court of First Instance in any province, at the request of the judge thereof; and upon the request of the Chief Executive it shall be his duty to do so; and in either case, the judge holding the court shall have the same power as the proper judge thereof.
When such courts are open.
SEC. 53. When such courts are open.—Courts of First Instance shall be always open (legal holidays and non-judicial days excepted), and they shall hold their sessions at the capitals of the several provinces respectively unless otherwise specially provided by law. The dates upon which sessions shall be held in the several provinces shall be fixed by law hereafter.
Hours of sessions.
SEC. 54. Hours of sessions.—During terms of court, the hours for the sessions thereof shall be from nine o'clock to twelve in the forenoon, and from three until live in the afternoon, except Saturdays, when a forenoon session, only, shall be required; but the judge may extend the hours of sessions whenever in his judgment it is proper to do so. All officers and employees of the court shall he in attendance during the hours of sessions.
Jurisdiction of Courts of First Instance.
SEC. 55. Jurisdiction of Courts of First Instance.—The jurisdiction of Courts of First Instance shall be of two kinds:
Original; and
Appellate.
Its original jurisdiction.
SEC. 56. Its original jurisdiction.—Courts of First Instance shall have original jurisdiction:
In all civil actions in which the subject of litigations is not capable of pecuniary estimation;
In all civil actions which involve the title to or possession of real property, or any interest therein, or the legality of any tax, impost, or assessment, except actions of forcible entry into, and detainer of lands or buildings, original jurisdiction of which is by this Act conferred upon courts of justice of the peace;
In all cases in which the demand, exclusive of interest, or the value of the property in controversy, amounts to one hundred dollars or more;
In all actions in admiralty and maritime jurisdiction, irrespective of the value of the property in controversy or the amount of the demand;
In all matters of probate, both of testate and intestate estates, appointment of guardians, trustees, and receivers, and in all actions for annulment of marriage, and in all such special cases and proceedings as are not otherwise provided for;
In all criminal cases in which a penalty of more than six months' imprisonment or a fine exceeding one hundred dollars may be imposed;
Said courts and their judges, or any of them, shall have power to issue writs of injunction, mandamus, certiorari, prohibition, quo warranto, and habeas corpus in their respective provinces and districts, in the manner provided in the Code of Civil Procedure.
Its appellate jurisdiction.
SEC. 57. Its appellate jurisdiction.—Courts of First Instance shall have appellate jurisdiction over all causes arising in justices and other inferior courts in their respective provinces.
The clerk.
SEC. 58. The clerk.—The Commission shall appoint a clerk for the court of each province. He shall hold office during the pleasure of the judge, and he may be removed and his successor be appointed by the judge from a list of eligibles provided by the Civil Service Board under the rules of the Civil Service Act. The clerk shall receive a salary at the rate of one thousand two hundred dollars per year, except in cases where a greater or less salary is specially prescribed by law, and all fees charged by him shall belong to the Government. He may employ such assistants as a majority of the judges of the Supreme Court may decide to be necessary, and at salaries to be by them fixed, after approval thereof by the Chief Executive. Each clerk of the court may appoint and remove his own deputy, whose services shall be paid for by the clerk out of his salary unless he be an assistant duly authorized, as in this section provided.
The clerk's bond.
SEC. 59. The clerk's bond.—Before entering upon the performance of his duties, the clerk of a Court of First Instance shall execute a bond to the Government of the Philippine Islands, in the penal sum of four thousand dollars, with sufficient surety, to be approved by the judge, conditioned for the faithful performance of his duties, and for the payment to those entitled thereto of all sums of money that shall come into his hands or into those of his deputies, by virtue of his office. The judge shall forward the bond to the Insular Treasurer and it shall be recorded in his books and kept on file in his office, and shall be available for any party in interest.
The clerk in Manila.
SEC. 60. The clerk in Manila.—The Commission shall appoint a clerk and an assistant, clerk in the city of Manila. The clerk and assistant clerk shall hold office during the pleasure of the judges and may be removed and their successors appointed by the judges in accordance with the provisions of the Civil Service Law. The clerk shall receive a salary at the rate of two thousand dollars a year, the assistant clerk at the rate of one thousand six hundred dollars per year, and all fees charged by them shall belong to the Government. The clerk may appoint and remove one or more deputies, whose services shall be paid for out of his salary, unless the deputy be an assistant duly authorized, as in this section provided. The clerk may employ such assistants, to be selected under the provisions of the Civil Service Law, as a majority of the judges of the Supreme Court may decide to be necessary, and at salaries to be by them fixed, after approval thereof by the Chief Executive. The bond of the clerk shall be for six thousand dollars, and he may require a bond of indemnity from the assistant clerk, which shall be approved, filed, and recorded as provided in the last preceding section. The clerk shall be answerable on his bond for defaults of his deputy and assistants.
Officer of the Court of First Instance.
SEC. 61. Officer of the Court of First Instance.—The officer of the Court of First Instance to serve its process and enforce good order in and about the court room shall be the governor, or his deputy, of the province in which the court is held; but in the city of Manila the officer of the Court of First Instance shall be the sheriff or his deputy.
The fiscal.
SEC. 62. The fiscal.—The provincial fiscal, chosen in accordance with the Provincial Government Act, shall represent the provincial and Insular Governments in his province in all actions or prosecutions in a Court of First Instance in the manner provided in the Provincial Government Act. He shall be an officer of the court and subject to its directions in relation to official matters pending in the Court of First Instance.
Allowance for traveling expenses.
SEC. 63. Allowance for traveling expenses.—The judges of the Court of First Instance shall be allowed their actual traveling expenses in going to and from their respective places of residence to other provinces upon the business of the court, or to attend its sessions, but not including any allowance for subsistence.
SEC. 64. Disposition of records, papers, causes, and appeals, now pending in the existing Courts of First Instance.—All records, books, papers, actions, proceedings, and appeals lodged, deposited, or pending in the Court of First Instance as now constituted of or in any province, are transferred to the Court of First Instance of such province hereby established, which shall have the same power and jurisdiction over them as if they had been primarily lodged, deposited, filed, or commenced therein, or in cases of appeal, appealed thereto.
Abolition of existing Courts of First Instance.
SEC. 65. Abolition of existing Courts of First Instance.—The existing Courts of First Instance are hereby abolished, and the Courts of First Instance provided by this Act are substituted in place thereof.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
