WHEREAS, there is presently only one branch in the City
Court of Dagupan although there are four branches of the CFI and one Circuit
Criminal Court holding sessions thereat; and
WHEREAS, there are over 3,500 cases now pending in the sole
branch of the Dagupan City and this congestion will worsen unless additional
branches are created;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to
Proclamation No. 1081, dated September 21, 1972, do hereby amend Section 75 of
Republic Act No. 170, otherwise known as the Charter of the City of Dagupan, to
read as follows:
"SEC. 75. Regular, auxiliary and acting judges of the
City Court. — There shall be a city court for the City of Dagupan which
shall have three branches for which the regular judges thereof shall be known,
respectively, as judge of the first, second, and third branch. There shall
likewise be an auxiliary judge.
"The city judge may, upon proper application be allowed a vacation of not
more than thirty days every year with salary. The auxiliary city judge shall
discharge the duties in case of absence, incapacity or inability of any of the
regular judges until he assumes his post, or until a new judge shall have been
appointed. During his incumbency the auxiliary city judge shall enjoy the
powers, emoluments and privileges of the city judge who shall not receive any
remuneration therefor except the salary to which he is entitled by reason of his
vacation provided for in this Act.
"In case of absence, incapacity or inability, of the regular city judges and
the auxiliary city judge, or if for the same reason two or more regular judges
could not perform their duties, the Supreme Court shall designate the judge of
any of the adjoining municipalities to preside over the branch of the city court
of the absent or incapacitated judge, and he shall hold the office temporarily
until the regular incumbent or the auxiliary judge shall have resumed office or
until another judge shall have been appointed in accordance with the provisions
of this Act.
"The municipal judge so designated shall receive his salary as municipal
judge plus seventy percent of the salary of the city judge whose Office he has
temporarily assumed.
"The regular city judges shall each receive a compensation as fixed under
existing law for city judges."
This Decree is hereby made part of the law of the land and shall take effect
upon its approval.
Done in the City of Manila, this 6th day of July, in the year of Our Lord,
nineteen hundred and seventy-three.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.) ROBERTO V. REYES
Assistant Executive Secretary