The Court of Appeals.
SEC. 24. The Court of Appeals.—The Court of Appeals of the Philippines shall consist of a Presiding Justice and fourteen Associate Justices who shall be appointed by the President of the Philippines, with the consent of the Commission on, Appointments of the Congress. The Presiding Justice of the Court of Appeals shall be so designated in his commission, and the other Justices of the Court shall have precedence according to the dates of their respective commissions, or when the commissions of two or more of them shall bear the same date, according to the order in which their commissions have been issued by the President of the Philippines.
The Presiding Justice and the Associate Justices of te Court of Appeals shall not be removed from office except on impeachment upon the grounds and in the manner provided for in Article IX of the Constitution.
The Court of Appeals, shall, as a body, sit in bane, but it may sit in five divisions of three Justices each. The five divisions may sit at the same time.
Presiding Justice to preside sessions of Court.
SEC. 25. Presiding Justice to preside sessions of Court.— If the Presiding Justice is present in any session of the Court, whether in bane or in division, he shall preside. In his absence, the Associate Justice attending who is first in precedence in accordance with the preceding section of this Act shall preside.
Vacancy in office of Presiding Justice.
SEC. 26. Vacancy in office of Presiding Justice.—In case of a vacancy in the Office of Presiding Justice of the Court of Appeals, or in the event of his inability to perform the duties and powers of his office, they shall devolve upon, the Associate Justice of the Court who is first in precedence, until such disability is removed, or another Presiding Justice is appointed and has qualified. This provision and the provision of the preceding section shall apply to every Associate Justice who succeeds to the office of the Presiding Justice.
Designation of District Judges to sit in the Court of Appeals.
SEC. 27. Designation of District Judges to sit in the Court of Appeals.—In case of vacancy in the office of any one of the Associate Justices of the Court of Appeals, or in the event that any one of said Associate Justices is absent, or disabled, or incapacitated for any reason, to perform the duties and powers of his office, the President of the Philippines, upon the recommendation of the Presiding Justice of the Court of Appeals, may designate a District Judge to at temporarily in the Court of Appeals, until such disability is removed or the vacancy is permanently filled. However, no District Judge so appointed shall act |in the Court of Appeals in any case in which his ruling or decision is the subject of review.
Qualifications and compensation of Justices of Court of Appeals.
SEC. 28. Qualifications and compensation of Justices of Court of Appeals.—The Justices of the Court of Appeals shall have the same qualifications as those provided in, the Constitution for members of the Supreme Court. The Presiding Justice of the Court of Appeals shall receive an annual compensation of thirteen thousand pesos, and each Associate Justice, an annual compensation of twelve thousand pesos
.
Jurisdiction of the Court of Appeals.
SEC. 29. Jurisdiction of the Court of Appeals.—The Court of Appeals shall have exclusive appellate jurisdiction over all cases, actions, and proceedings not enumerated in section seventeen of this Act, properly brought to it from Courts of First Instance. The decision of the Court of Appeals in such cases shall be final: Provided, however, That the Supreme Court in its discretion may, in any case involving a question of law, upon petition of the party aggrieved by the decision and under rules and conditions that it may prescribe, require by certiorari that the said ease be certified to it for review and determination, as if the case had been brought before it on appeal.
Original jurisdiction of the Court of Appeals.
SEC. 30. Original jurisdiction of the Court of Appeals.— The Court of Appeals shall have original jurisdiction to issue writs of mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and process in aid of its appellate jurisdiction.
Transfer of cases from Supreme Court and Court of Appeals to proper court.
SEC. 31. Transfer of cases from Supreme Court and Court of Appeals to proper court.—All cases which may be erroneously brought to the Supreme Court or to the Court of Appeals shall be sent to the proper court, which shall hear the same, as if it had originally been thought before it.
Place of holding sessions.
SEC. 32. Place of holding sessions.—The Court of Appeals shall have its permanent office in the City of Manila. Upon the recommendation of the Secretary of Justice, with the certification of the Presiding Justice of the Court of Appeals and when public interest demands, the President of the Philippines may authorize any division or divisions of the Court to hold sessions periodically at such time and place outside the City of Manila as the President may determine, for the purpose of hearing and deciding cases originating from a specified group of judicial districts.
Quorum of the Court.
SEC. 33. Quorum of the Court.—Nine Justices of the Court of Appeals shall constitute a quorum for its sessions in bane; and three Justices shall constitute a quorum for the sessions of a division. In the absence of a quorum, the Court or the division shall stand ipso facto adjourned until such time as the requisite number shall be present, and a memorandum showing this fact shall be inserted by the clerk in the minutes of the Court. The affirmative vote of eight Justices is necessary to pass a resolution of the Court in banc. The unanimous vote of the throe Justices of a division shall be necessary for the pronouncement of a judgment. In the event that the three Justices do not reach a unanimous vote, the Presiding Justice shall designate two Justices from among the other members of the Court to sit temporarily with them, forming a division of five Justices, and the concurrence of a majority of such division shall be necessary for the pronouncement of a judgment.
Every decision of the Court of Appeals shall contain complete findings of fact on all issues properly raised before it.
All cases submitted to a division of the Court of Appeals for decision shall be decided or terminated therein within the term in which they were heard and submitted for decision: Provided, however, That when a case is complicated or otherwise attended with special circumstances which demand additional time for its study or consideration, the Court of Appeals, sitting in bane, may, upon petition of thy division concerned, grant an additional period not exceeding three months for its disposition or termination.
Distribution of cases between divisions.
SEC. 34. Distribution of cases between divisions.—All the cases of the Court of Appeals shall be allotted between the different divisions thereof for trial and decision. Whenever in any criminal case submitted to a division the said division should be of the opinion that the penalty of death or life imprisonment should be imposed, the said Court shall refrain from entering judgment thereon and shall forthwith certify the case to the Supreme Court for final determination, as if the case had been brought before it on appeal.
Power of the Court to adopt rules.
SEC. 35. Power of the Court to adopt rules.—The Court of Appeals, sitting in bane, shall make proper orders or rules to govern the allotment of cases between the different divisions, the constitution of such divisions, the regular rotation of Justices between them, the filing of vacancies occurring therein, and other matters relating to the business of the Court; and these rules shall continue in force until repealed or altered by it or by the Supreme Court.
Clerk of the Court of Appeals; his appointment; his compensation; his bond.
SEC. 36. Clerk of the Court of Appeals; his appointment; his compensation; his bond.—The Court of Appeals shall appoint a clerk of court, who shall exercise the same powers and perform the same duties in regard to all matters within its jurisdiction, as are exercised and performed by the clerk of the Supreme Court of the Philippines, insofar as the Same may be applicable; and in the exercise of those powers and in the performance of those duties, the clerk shall be under the direction of the Court. No person may be appointed clerk of the Court of Appeals unless he has been engaged for five years or more in the practice of law, or has been clerk or deputy clerk of a court of record for the same period of time.
The clerk shall have the rank of a Bureau Director and shall receive an annual compensation of seven thousand two hundred pesos. Before entering upon the discharge of .the duties of his office, he shall file a bond in the amount of six thousand pesos in the same manner and form as required of the clerk of the Supreme Court, such bond to be approved by the Treasurer of the Philippines. The bond shall be kept in the office of the Treasurer of the Philippines and entered in his books, the same being subject to inspection by interested parties.
The clerk of court may require any of his deputies or assistants to give an adequate bond as security against loss by reason of any wrongdoing or gross negligence on the part of such deputy or assistant.
Appointment by court of appeals of deputy clerks of court and other officers.
SEC. 37. Appointment by court of appeals of deputy clerks of court and other officers.—The Court may appoint five deputy clerks of court, who shall have the same qualifications as those of the clerk of Court of Appeals, with an annual compensation of four thousand five hundred pesos for the first deputy, and three thousand nine hundred pesos and sixty for the other deputy clerks each, and other officers in such number and with such compensation as may be hereafter authorized.
Applicability of certain provisions of the Revised Administrative Code to Court of Appeals.
SEC. 38. Applicability of certain provisions of the Revised Administrative Code to Court of Appeals.— The provisions of sections ten, thirteen, fourteen, fifteen, seventeen, eighteen, nineteen, twenty-one, twenty-two, and sixty-six of this Act and eighty-nine of the Revised Administrative Code, shall be applicable to the Court of Appeals, in so far as they may be of possible application.
CHAPTER IVCOURTS OF FIRST INSTANCE
Courts of First Instance.
SEC. 39. Courts of First Instance.—Courts of general original jurisdiction, known as Courts of First Instance, are organized and established, throughout the Philippines in conformity with the provisions of this chapter.
Judges of First Instance.
SEC. 40. Judges of First Instance.—The judicial function in Courts of First Instance shall be vested in District Judges, Judges-at-Large and Cadastral Judges, to be appointed and commissioned as hereinafter provided.
Limitation upon tenure of office.
SEC. 41. Limitation upon tenure of office.—District Judges, Judges-at-Large and Cadastral Judges shall be appointed to serve during good behavior, until they reach the age of seventy years, or become incapacitated to discharge the duties of their office, unless sooner removed in accordance with law.
Qualification and salary.
SEC. 42. Qualification and salary.—No person shall be appointed District Judge, Judge-at-Large and Cadastral Judge unless he has been five years a citizen of the Philippines and has practiced law in the Philippines for a period of not less than five years or has held during a like period, within the Philippines, an office requiring admission to the practice of law in the Philippines as an indispensable requisite.
The District Judge shall receive a compensation at the rate of ten thousand pesos per annum, Judge-at-Large, at the rate of nine thousand pesos per annum, and Cadastral Judge, at the rate of eight thousand four hundred pesos per annum.
Jurisdiction of Courts of First Instance.
SEC. 43. Jurisdiction of Courts of First Instance.—The jurisdiction of the Courts of First Instance shall be of two kinds:
Original, and
Appellate.
Original jurisdiction.
SEC. 44. Original jurisdiction.—Counts of First Instance shall have original jurisdiction:
In all civil actions in which the subject of the litigation 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 conferred by this Act upon justice of the peace courts and municipal courts;
In all cases in which the demand, exclusive of interest, or the value of the property in controversy, amounts to more than two thousand pesos;
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 and which the penalty provided by law is imprisonment for more than six months, or a fine of more than two hundred pesos;
Over all crimes and offenses committed on the high seas or beyond the jurisdiction of any country, or within any of the navigable waters of the Philippines, on board a ship or water craft of any kind registered or licensed in the Philippines in accordance with the laws thereof. The jurisdiction herein conferred may be exercised by the Court of First Instance in any province into which the ship or water craft upon which the crime or offense was committed shall come after the commission thereof: Provided, That the court first lawfully taking cognizance thereof shall have Jurisdiction of the same to the exclusion of all other courts/ in the Philippines and
Said courts and their judges, or any of them, shall have the 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 Rules of Court.
Appellate jurisdiction.
SEC. 45. Appellate jurisdiction.—Courts of First Instance shall have appellate jurisdiction over all cases arising in municipal and justice of the peace courts, in their respective provinces.
Clerks and other subordinate employees of Courts of First Instance.
SEC. 46. Clerks and other subordinate employees of Courts of First Instance.—Clerks, deputy clerks, assistants, and other subordinate employees of Courts of First Instance shall, for administrative purposes, belong to the Department of Justice; but in the performance of their duties they shall be subject to the supervision of the Judges of the courts to which they respectively pertain.
The clerks of Courts of First Instance shall be appointed by the President of the Philippines with the consent of the Commission on Appointments. No person shall be appointed clerk of court unless he is duly authorized to practice law in the Philippines: Provided, however, That this requirement shall not affect persons who, at the date of the approval of this Act, are holding the position of clerk of court, nor those who have previously qualified in the Civil Service examination for said position;
The clerk of a Court of First Instance may, by special written deputization approved by the judge, authorize any suitable person to act as his special deputy and in such capacity to perform such functions as may be specified in the authority granted.
Permanent station of clerk of court.
SEC. 47. Permanent station of clerk of court.—The permanent station of a clerk of court shall be at the provincial capital or at the permanent residence of the District Judge presiding in the court.
Provincial officer as ex-officio clerk of court.
SEC. 48. Provincial officer as ex-officio clerk of court.—When the Secretary of Justice shall deem such action advisable, he may direct that the duties of the clerk of court shall be performed by a provincial officer or employee as ex-officio clerk of court, in which case the salary of said employee or officer as clerk of court, ex-officio, shall be fixed by the provincial board and shall foe equitably distributed toy said board with the approval of the Secretary of Justice between the national government and the provincial government.
SEC. 49. Judicial districts— Judicial districts for Courts of First Instance in the Philippines are constituted as follows:
The First Judicial District shall consist of the Provinces of Cagayan, Batangas, Isabela, and Nueva Vizcaya, and the Subprovince of Ifugao;
The Second Judicial District, of the Provinces of Ilocos Norte, Ilocos Sur, Abra, City of Baguio, Mountain Province except the Subprovince of Ifugao, and La Union;
The Third Judicial District, of the Provinces of Pangasinan and Zambales, and the City of Dagupan;
The Fourth Judicial District, of the Provinces of Nueva Ecija and Tarlac;
The Fifth Judicial District, of the Provinces off Pampanga, Baitaan, and Bulacan;
The Sixth Judicial District, of the City of Manila;
The Seventh Judicial District, of the Province of Rizal, Quezon City and Rizal City, the Province of Cavite, City of Cavite, the City of Tagaytay, and the Province of Palawan ;
The Eighth Judicial Distract, of the Province of Laguna, the City of San Pablo, the Province of Batangas, the City of Lipa, and the Provinces of Mindoro and Marinduque;
The Ninth Judicial District, of the Provinces of Quezon and Camarines Norte;
The Tenth Judicial District, of the Provinces of Camarines Sur, Albay, Catanduanes, Sorsogon, Masbate, and Romblon;
The Eleventh Judicial District, of the Provinces of Capiz and Iloilo, the City of Iloilo and ithe Province of Antique;
The Twelfth Judicial District, of the Province of Occidental Negros, the City of Bacolod, the Province of Oriental Negros, and the Subprovince of Siquijor;
The Thirteenth Judicial District, of the Provinces of Samar and Leyte, and the City of Ormoc;
The Fourteenth Judicial District, of the Province of Cebu, the City of Cebu and the Province of Bohol;
The Fifteenth Judicial District, of the Provinces of Su-rigao, Agusan, Oriental Misamis, Bukidnon, and Lanao; and
The Sixteenth Judicial District, of the Province of Davao, the City of Davao, the Provinces of Cotabato and Occidental Misamis, the Province of Zamboanga and Zamboanga City, and the Province of Sulu.
Judges of First Instance for Judicial Districts.
SEC. 50. Judges of First Instance for Judicial Districts.— Four judges shall be commissioned for the First Judicial District. Two judges shall preside over the Courts of First Instance of Cagayan and Batanes, and shall be known as judges of the first and second branches thereof, respectively, the judge of the second branch to preside also over the Court of First Instance of Batanes; one judge shall preside over the Court of First Instance of Isabela; and one judge shall preside over the Court of First Instance of Nueva Vizcaya and the Subprovince of Ifugao.
Four judges shall be commissioned for the Second Judicial District. One judge shall preside over the Court of First Instance of IIocos Norte; one judge shall preside over the Courts of First Instance of IIocos Sur and Abra; one judge shall preside over the Court of First Instance of the City of Baguio and Mountain, Province except the Sub-province of Ifugao; and another judge shall preside over the Court of First Instance of La Union.
Four judges shall be commissioned for the Third Judicial District. They shall preside over the Court of First Instance of Pangasinan and shall be known as judges of the first, second, third and fourth branches thereof, respectively; one judge shall preside over the Court of First Instance of Lingayen to be known as the judge of the first branch; one judge shall preside over the Count of First Instance of the City of Dagupan and shall be known as the judge of the second branch; one judge shall preside over the Court of First Instance of Tayug and shall be known as the judge of the third branch; and one judge shall preside over the Court of First Instance of Lingayen to be known as .the judge of the fourth branch who shall also preside over the Court of First Instance of Zambales, the judge of the fourth branch to preside also over the Court of First Instance of Zambales.
Three judges shall be commissioned for the Fourth Judicial District. Two judges shall preside over the Court of First Instance of Nueva Ecija and shall be known as judges of the first and second branches thereof, respectively; and one judge shall preside over the Court of First Instance of Tarlac.
Four judges shall be commissioned for the Fifth Judicial District. Two judges shall preside over the Court of First Instance of Pampanga and shall be known as judges of the first and second branches thereof, respectively, the judge of the second branch to preside also over the Court of First Instance of Bataan; and two judges shall preside, over the Court of First Instance of Bulacan and shall be known as judges of the first and second branches thereof, respectively.
Ten judges shall be commissioned for the Sixth Judicial District. They shall preside over the Courts of First Instance of Manila and shall be known as judges of the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth and ,tenth branches, respectively.
Five judges shall be commissioned for the Seventh Judicial District. Three judges shall preside over the Court of First Instance of the Province of Rizal, Quezon City and Rizal City and shall be known as judges of the first, second and third branches thereof, respectively; and two judges shall preside over the Court of First Instance of the Province of Cavite and the Cities of Cavite and Tagaytay, and shall be known as judges of the first and second branches thereof, respectively, the judge of the second branch to preside also over the Court of First Instance of Palawan.
Five judges shall be commissioned for the Eighth Judicial District. Two judges shall preside over the Court of First Instance of Laguna and the City of Sam Pablo, and shall be known as Judges of this first and second branches thereof, respectively; two judges shall preside over the Court of First Instance of Batangas and the City of Lipa, and shall be known as judges of the first and second branches thereof, respectively; and one judge shall preside over the Courts of First Instance of Mindoro and Marinduque.
Three judges shall be commissioned for the Ninth Judicial District. They shall preside over the Court of First Instance of Quezon and shall be known as judges of the first, second and third branches thereof, respectively, the judge of the third branch to preside also over the Court of First Instance of Camarines Norte.
Six judges Shall be commissioned for the Tenth Judicial District. Two judges shall preside over the Court of First Instance of Camarines Sur and shall be known as judges of the first and second branches thereof, respectively; two judges, shall preside over the Courts of First Instance of Albay and Catanduanes and shall be known as Judges of the first and second branches thereof one judge preside over the Count of First Instance of the Province of Sorsogon; and one judge shall preside over the Courts of First Instance of Masbate and Romblon.
Five judges shall be commissioned for the Eleventh Judicial District. Two judges shall preside over the Court of First Instance of Capiz and shall be known as judges of the first and second branches and three judges shall preside over the Court of First Instance of the Province of Iloilo and the City of Iloilo, and shall be known as judges of the first, second and third branches thereof, respectively, the judge of the third branch to preside also over the Court of First Instance of Antique.
Four judges shall be commissioned for the Twelfth Judicial District. Three judges shall preside over, the Court of First Instance of Occidental Negros and the City of Bacolod, and shall be known as judges of the first, second and third branches thereof, respectively; and one judge shall preside over the Courts of First Instance of Oriental Negros and the Subprovince of Siquijor.
Six judges shall be commissioned for the Thirteenth Judicial District. Three judges shall preside over the Court of First Instance of Samar and shall be known as judges of the first, second and third branches thereof, respectively; and three judges shall preside over the Court of First Instance of Leyte and the City of Ormoc, and shall be known as judges of the first, second and third branches thereof, respectively.
Four, judges shall be commissioned for the Fourteenth Judicial District, three judges shall preside over the Court of First Instance of the Province of Cebu and the City of Cebu, and shall be known as judges of the first, second and third branches thereof, respectively; and one judge shall preside over the Court of First Instance of Bohol.
Three judges shall be commissioned for the Fifteenth Judicial District. One judge shall preside over the Courts of First Instance of Surigao and Agusan; one judge shall preside over the Courts of First Instance of Oriental Misamis and Bukidnon; one judge shall preside over the Court of First Instance of Lanao.
Four judges shall be commissioned for the Sixteenth Judicial District. One judge shall preside over the Court of First Instance of Davao; one judge shall preside over the Court of First Instance of Cotabato; one judge shall preside over the Courts of First Instance of Occidental Misamis and Zamboanga Province; and one judge shall preside over the Court of First Instance of Zamboanga City and Sulu.
Detail of judge to another distinct or province.
SEC. 51. Detail of judge to another distinct or province.— Whenever a judge stationed in any province or branch of a court of province should certify to the Secretary of Justice that the condition of the docket in his court is such as to require the assistance of an additional judge, or when there is any vacancy in any court or branch of a count in a province, and there is no judge-at-large available to be assigned to said court, the Secretary of Justice may, in the interest of justice, and for a period of not more than three months, assign any judge of any other court or province within the same judicial district, whose docket permits his temporary absence from said court, to hold sessions in the court needing such assistance, or where such vacancy exists. No district judge shall be assigned to hold sessions in a province other than that to which he is appointed without the approval of the Supreme Court being first had and obtained.
Permanent stations of District Judges.
SEC. 52. Permanent stations of District Judges.— The permanent station of judges of the Sixth Judicial District shall be in the City of Manila.
In other judicial districts, the permanent stations of the Judges shall be as follows:
For the First Judicial District, the judge of the first branch of the Court of First Instance of Cagayan shall be stationed in the municipality of Tuguegarao, same province; the judge of the second branch, in the municipality of Aparri, same province; one judge shall be stationed in the municipality of Ilagan, Province of Isabela; and another judge, in the municipality of Bayombong, Province of Nueva Vizcaya.
For the Second Judicial District, one judge shall be stationed in the municipality of Laoag, Province of Ilocos Norte; one judge, in the municipality of Vigan, Province of Ilocos Sur; one judge, in the City of Baguio, Mountain Province; and one judge, in the municipality of San Fernando, Province of La Union,
For the Third Judicial District, one judge shall be stationed in the municipality of Lingayen, Province of Pangasinan, one judge shall be stationed in the City of Dagupan, same province; and one judge in the municipality of Iba, Province of Zambales, and one in the municipality of Tayug.
For the Fourth Judicial District, two judges shall be stationed in the municipality of Cabanatuan, Province of Nueva Ecija, and one judge in the municipality of Tarlac, Province of Tarlac.
For the Fifth Judicial District, two judges shall be stationed in the municipality of San Fernando, Province of Pampanga; and two judges, pi the municipality of Malolos, Province of Bulacan.
For the Seventh Judicial District, the judge of the first branch of the Court of First Instance of Rizal shall be stationed in the municipality of Pasig, same province; that of the second branch, in Rizal City; and that of the third branch, in Quezon City; and two judges, in the City of Cavite, Province of Cavite.
For the Eighth Judicial District, two judges shall be stationed in the municipality of Santa Cruz, Province of Laguna; the judge of the first branch of the Court of First Instance of Batangas shall be stationed in the municipality of Batangas, and that of the second branch in the City of Lipa, same province; and one judge, in the municipality of Calapan, Province of Mindoro.
For the Ninth Judicial District, the three judges shall be stationed in the municipality of Lucena, Province of Quezon.
For the Tenth Judicial District, two judges shall be stationed in the municipality of Naga, Province of Camarmes Sur; one judge, in the municipality of Legaspi, Province of Albay; one judge, in the municipality of Sorsogon, Province of Sorsogon; and one judge, in the municipality of Masbate, Province of Masbate.
For the Eleventh Judicial District, one judge shall be stationed |in the municipality of Capiz one in the municipality of Calivo, Province of Capiz; and three judges, in the City of Iloilo, Province of Iloilo.
For the Twelfth Judicial District, three judges shall be stationed in the City of Bacolod, Province of Occidental Negros; one judge, in the municipality of Dumaguete, Province of Oriental Negros.
For the Thirteenth Judicial District, the judge of the first branch of the Court of First Instance of Samar shall be stationed in the municipality of Catbalogan, Province of Samar; the judge of the second branch, in the municipality of Borongan, game province; and the judge of the third branch, in the municipality of Laoang, same province; the judge of the first Branch of the Court of First Instance of Leyte shall be stationed in the municipality of Tacloban, Province of Leyte; the judge of the second branch, in the municipality of Maasin and the City of Ormoc, same province; and the judge of the third branch, in the municipality of Baybay, same province.
For the Fourteenth Judicial Distract, three judges shall be stationed in the City of Cebu, Province of Cebu; and one judge, in the municipality of Tagbilaran, Province of Bohol.
For the Fifteenth Judicial District, one judge shall be stationed in the municipality of Surigao, Province of Surigao; one judge, in the municipality of Cagayan, Province of Oriental Misamis; one judge, in the municipality of Dansalan, Province of Lanao.
For the Sixteenth Judicial District, one judge shall be stationed in the City of Davao, Province of Davao; one judge, in the municipality of Cotabato, Province of Cotabato; one judge, in the municipality of Oroquieta, Province of Occidental Misamis; and one judge, in the City of Zamboanga.
Judges-at-Large and Cadastral Judges.
SEC. 53. Judges-at-Large and Cadastral Judges.—In addition to the District Judges mentioned in section forty-nine hereof there shall also be appointed eighteen Judges-at-large and fifteen Cadastral Judges who shall not be assigned permanently to any judicial district and who shall render duty in such district or province as may from time to time, be designated by the Department Head.
Places and time of holding court.
SEC. 54. Places and time of holding court.—For the Sixth Judicial District, court shall be held in the City of Manila. In other districts court shall be held at the capitals or places in which the respective judges are permanently stationed, except as hereinafter provided. Sessions of court shall he convened on all wording days when there are cases ready for trial or other court business to be dispatched.
In the following districts, court shall also be held at the places and times herein below specified:
First Judicial District: At Santo Domingo de Basco, Province of Batanes, on the first Tuesday of March of each year. A special term of court shall also be held once a year, in the municipalities of Ballesteros and Tuao, both of the Province of Cagayan, and at Kiangan, Subprovince of Ifugao, in the discretion of the district judge.
Second Judicial District: At Bangued, Province of Abra, on the first Tuesday of January, March, June, and October of each year; at Bontoc, Mountain Province, on the first Tuesday of March, June, and November of each year; and, whenever the interest of justice so require, a special term of court shall be held at Lubuagan, Subprovince of Kalinga.
Seventh Judicial District: At Coron, Province of Palawan, on the first Monday of March and August of each year; at Cuyo, same province, on the second Thursday of March and August of each year; and at Puerto Princesa, same province, on the fourth Wednesday of March and August of each year.
Eighth Judicial District: The judge shall hold special term at the municipalities of Lubang, Mambunao and San Jose, Province of Mindoro, once every year, as may be determined by him; at Boac, Province of Marinduque, on the first Tuesday of March, July, September and December of each year.
Ninth Judicial District: At Infanta, Province of Quezon, for the municipalities of Infanta, Casiguran, Baler and Polillo, on the first Tuesday of June of each year; at Daet, Camarines Norte, terms of court shall be held at least six times a year on the dates to be fixed by the district judge.
Tenth Judicial District: At Virac, Province of Catanduanes, on the first Tuesday of March and September of each year; at Romblon, Province of Romblon, on the first Tuesday of January, June, and October of each year; and at Badajos, same province, on the third Tuesday of January, June, and October of each year.
Eleventh Judicial District: At San Jose, Province of Antique, on the first Tuesday of February, June and October of each year; and at Culasi, same province, on the first Tuesday of December of each year.
Twelfth Judicial District: At Larema, Subprovpce of Siquijor, on the first Tuesday of August of each year.
Thirteenth Judicial District: The first branch, at Calbayog, Province of Samar, on the first Tuesday of September of each year; and Basey, same province, on the first Tuesday of January of each year; and the second branch, at Oras, same province, on the first Tuesday of July of each year, and the first Tuesday of October of each year in Guiwan; and the third branch, at Catarman, same province, on the first Tuesday of October of each year.
Fifteenth Judicial District: At Cantilan, Province of Surigao, on the first Tuesday of August of each year, at Butuan, Province of Agusan, on the first Tuesday of March and October of each year; a special term of court shall also be held once a year in either the municipality of Tandag or the municipality of Hinatuan, Province of Surigao, in the discretion of the district judge; at Mambajao, Province of Oriental Misamis, on the first Tuesday of March of each year. A special term of court shall, likewise, be held, once a year, either in the municipality of Talisayan or in the municipality of Gingoog, Province of Oriental Misamis, in the discretion of the district judge at Iligan; Province of Lanao on the first Tuesday of March and October of each year.
Sixteenth Judicial District: At Dipolog, Province of Zamboanga, terms of court shall be held at least three times a year on dates to be fixed by the district judge; at Pagadian, same province, for the municipalities of Pagadian, Margisatubig and Kabasalan, at least once a year; at Jolo, Province of Sulu, terms of court shall be held at least four times a year on dates to be fixed by the district judge; at Baganga and Mati, Province of Davao; and at Glan, Province of Cotabato, terms of court shall be held at least once a year from the dates to be fixed by the district judge.
Notwithstanding the provisions of this section, whenever weather conditions, the condition of the roads or means of transportation, the number of eases or the interest of the administration of justice require it, the Secretary of Justice may advance or postpone the term of court or transfer the place of holding the same to another municipality within the same judicial district; and, in the land registration cases, to any other place more convenient to the parties.
Duty of Judges to hold court at permanent station.
SEC. 55. Duty of Judges to hold court at permanent station.—Judges shall hold court at the place of their permanent station, in the case of District Judges, and at the place wherein they may be detailed, in the case of Judges-at-Large and Cadastral Judges, not only during the period hereinabove fixed but also at any other time when there are cases ready for trial or other court business to be dispatched, if he is not engaged elsewhere.
Special terms of court.
SEC. 56. Special terms of court.—When so directed by the Department Head, District Judges, Judges-at-Large and Cadastral Judges shall hold special terms of court at any time or in any municipality in their respective districts for the transactions of any judicial business.
Authority of District Judge to define territory appurtenant to courts.
SEC. 57. Authority of District Judge to define territory appurtenant to courts.—Where court is appointed to be held at more than one place in a district, the District Judge may, with the approval of the Department Head, define the territory over which the court held at a particular place shall exercise its authority, and cases arising in the territory thus denned shall be liable at such court accordingly. The power herein granted shall be exercised with a view to making the courts readily accessible to the people of the different parts of the districts and with a view to making the attendance of litigants and witnesses as inexpensive as possible.
Hours of daily sessions of the courts.
SEC. 58. Hours of daily sessions of the courts.—The hours for the daily session of Courts of First Instance shall be from nine to .twelve in the morning, and from three to five in the afternoon, except on Saturdays, when a morning session only shall be required; but the judge may extend the hours of session whenever in his judgment it is proper to do so. The judge holding any court may also, in his discretion, order that but one session per day shall be held instead of two, at such hours as he may deem expedient for the convenience 'both of the court and the public; but the number of hours that the court shall be in session per day shall be not less than five.
Clerks duty to attend session and keep office hours.
SEC. 59. Clerks duty to attend session and keep office hours.—Clerks of court shall be in attendance during: the hours of session; and when not so in attendance upon the court they shall keep the same office hours as are prescribed for other Government employees.
Division of business among branches of court of Sixth District.
SEC. 60. Division of business among branches of court of Sixth District.—In the Court of First Instance of the Sixth District Call business shall be equitably distributed among the judges of the ten branches in such manner as shall be agreed upon by the judges themselves.
The District Judge of the Sixth Judicial District who acts as executive judge thereof shall have supervision over the General Land Registration Office.
Nothing contained, in this section and in section sixty-two shall be construed to prevent the temporary designation of judges to act in this district in accordance with section fifty.
SEC. 61. Authority of Court of First Instance of the Sixth-Judicial District over administration of its own affairs.— The Court of First Instance of the Sixth Judicial District shall have the administrative control of all matters affecting the internal operations of the court. This administrative control shall be exercised by the court itself through the clerk of the court. In administrative matters, the clerk of the court shall be under the direction of the court itself. The personnel of the office of the clerk of the Court of First Instance of the Sixth Judicial District shall consist of such officers and employees as may be provided by law. The subordinate employees of said office shall be appointed by the Secretary of Justice upon recommendation of the Chief of the office, the clerk of the court. The said clerk of the court shall receive an annual salary of five thousand one hundred pesos, and with all the employees of his office shall belong, for all purposes, to the Court of First Instance of the Sixth Judicial District.
Appointment and qualifications of clerks.
SEC. 62. Appointment and qualifications of clerks.—The clerk and deputy clerk of the Sixth Judicial District shall be appointed by the President of the Philippines upon the recommendation of the Secretary of Justice, with the consent of the Commission on Appointments. No person shall be eligible for appointment to either of these positions unless he is duly authorized to practice law in the Philippines.
Interchange of Judges.
SEC. 63. Interchange of Judges.—The judges of the several branches of the Court of First Instance for the Sixth District may, for their own convenience or the more expeditious accomplishment of business, sit, by interchange, by mutual agreement or by order of the Department Head, in other branches than those to which they severally pertain; and any action or proceeding in one branch may be sent to another branch for trial or determination.
Convocation of Judges for assistance of Judge hearing land registration matters.
SEC. 64. Convocation of Judges for assistance of Judge hearing land registration matters.—In matters of special difficulty connected with the registration of land, any judge of the Sixth District concerned may, when he deems such course advisable or necessary, convoke the other nine judges of said court for the purpose of obtaining their advice and assistance. In such case the issue or issues to be decided shall be framed in writing by the said judge and shall be propounded for determination in joint session, with not fewer than three judges present. In case of a tie upon any issue that view shall prevail which is maintained by the judge hearing the matter.
Vacation of Courts of First Instance.
SEC. 65. Vacation of Courts of First Instance.— The yearly vacation of Courts of First Instance shall begin the first of April and close with the first of June of each year.
Assignment of Judges to vacation duty.
SEC. 66. Assignment of Judges to vacation duty.—During the month of January of each year, the Department Head shall issue an order naming the judges who are to remain on duty during the court vacation of that year; and consistently with the requirements of the judicial service, the assignments shall be so made that no judge shall be assigned to vacation duty, unless upon his own request, with greater frequency than once in three years.
Such order shall specify, in the case of each judge assigned to vacation duty, the territory over which in addition to his own district his authority as vacation judge shall extend, and the assignments shall be so arranged that provision will be made for the exercise of interlocutory jurisdiction, during vacation, in all parts of the Islands.
At least one judge shall always be assigned for vacation duty in the Sixth Judicial District.
The Department Head may from .time to time modify his order assigning the judges to vacation duty as newly arising conditions or emergencies may require.
A judge assigned to vacation duty shall not ordinarily be required to hold court during such vacation; but the Department Head may, when in his judgment the emergency shall require, direct any judge assigned to vacation duty to hold during the vacation a special term of court in any district.
Proceedings for removal of Judges.
SEC. 67. Proceedings for removal of Judges.—No District Judge, Judge-at-Large or Cadastral Judge shall be separated or removed from office by the President of the Philippines unless sufficient cause shall exist, in the judgment of the Supreme Court, involving serious misconduct or inefficiency, for the removal of said judge from office after the proper proceedings. The Supreme Court of the Philippines is authorized, upon its own motion, or upon information of the Secretary of Justice to conduct an inquiry into the official or personal conduct of any judge appointed under the provisions of this law, and to adopt such rules of procedure in that regard as it may deem proper; and after such judge shall have been heard in his own defense, the Supreme Court may recommend his removal to the President of the Philippines, who, if he deems that the public interests will be subserved thereby, shall thereupon make the appropriate order for such removal.
The President of the Philippines, upon recommendation of the Supreme Court, may temporarily suspend a judge pending proceedings under this section. In case the judge suspended is acquitted of the cause or causes that gave rise to the investigation, the President of the Philippines shall order the payment to him of the salary, or part thereof, which he did not receive during his suspension from any available funds for expenses of the judiciary.
The cost and expenses incident to such investigations shall be paid from the funds appropriated for contingent expenses of the judiciary, upon vouchers, approved by the Chief Justice of the Supreme Court.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
