Appointment and distribution of justices of the peace.
SEC. 68. Appointment and distribution of justices of the peace.—There shall be one justice of the peace and one auxiliary justice of the peace in each municipality and municipal district, and if the public interest shall so require, in any minor political division or unorganized territory in the Philippines, and such Judges of Municipal Courts in each chartered city as their respective charters provide.
Upon the recommendation of the Department Head, the territorial jurisdiction of any justice and auxiliary justice of the peace may be made to extend over any number of municipalities, municipal districts, or other minor political division or places not included in the jurisdiction of justice of the peace already appointed. As vacancies occur, if the proper administration of justice so demands and the Department Head so recommends, the President of the Philippines may group municipalities and municipal districts into circuit courts, and may appoint to each circuit court one justice of the peace and one auxiliary justice of the peace: Provided, however, That the capital of a province shall not be grouped with any other municipality except in fourth or fifth-class provinces, or the Mountain Province and the specially organized province: Provided, further, That the Secretary of Justice may, upon the recommendation of the district judge concerned, designate the justice of the peace of the capital of a province or subprovince as clerk of court ex-officio of said province or subprovince. The justice of the peace of the capital of a province or subprovince so designated shall receive, in addition to his salary, fifty per centum of the salary fixed for the said clerk of court of the said province or subprovince.
Jurisdiction of justice of the peace as affected by territorial changes.
SEC. 69. Jurisdiction of justice of the peace as affected by territorial changes.—When a new political division affecting the territorial jurisdiction of the justice of the peace is formed or the boundaries limiting the same are changed, the President of the Philippines may, in the absence of special provision, designate which of the justices and auxiliary justices within the territory affected by the change shall continue in office; and the powers of any others therein shall cease.
Tenure of office—Transfer from one municipality to another.
SEC. 70. Tenure of office—Transfer from one municipality to another.—Justices of the peace having the requisite legal qualifications shall hold office 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 or unless his office be lawfully abolished or merged an the jurisdiction of another justice of the peace: Provided, That in case the public interest requires it, a justice of the peace of one municipality may be transferred to another.
Qualifications for the office of Justice of the Peace.
SEC. 71. Qualifications for the office of Justice of the Peace.—No person shall be eligible to appointment as justice of the peace or auxiliary justice of the peace unless he is (1) at least twenty-three years of age; (2) a citizen of the Philippines; (3) of good moral character and has not been convicted of any felony; and (4) has been admitted by the Supreme Court to the practice of law.
No person shall be appointed judge of the municipal court of any chartered, city or justice of the peace of any provincial capital unless he shall have practiced Jaw in the Philippines for a period of 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.
Filling of vacancy in office of justice of the peace.
SEC. 72. Filling of vacancy in office of justice of the peace.—When a vacancy occurs in the office of any justice of the peace, except in provincial capitals land first-class municipalities, the district judge shall forward to the President of the Philippines a list of the names of persons qualified to fill said vacancy, accompanied by all the applications presented by persons desirous of appointment. The President of the Philippines, with the consent of the Commission on Appointments, shall make the respective appointments from said list: Provided, however, That he may also appoint to the position any qualified person not included in the list and not applicant for the place, without preferences of any kind, when he deems such course to be in the public interest.
Auxiliary justice-Qualifications and duties.
SEC. 73. Auxiliary justice-Qualifications and duties.— The auxiliary justice of the peace shall have the same qualifications and be subject to the same restrictions as the regular justice, and shall perform the duties of said, office during any vacancy therein or in case of the absence of the regular justice from the municipality, or of his disability for disqualification, or in case of his death or resignation until the appointment and qualification of his successor, or in any cause whose immediate trial the regular justice shall certify to be specially urgent and which is unable to try by reason of actual engagement in another trial.
In case there is no auxiliary justice of the peace to perform the duties of the regular justice in the case above mentioned the district judge shall designate the nearest justice of the peace of the province to act as justice of the peace in such municipality, town, or place.
Courtroom and supplies.
SEC. 74. Courtroom and supplies.—The municipalities and municipal districts to which a justice of the peace pertains shall provide him with a room in the tribunal, or elsewhere in the center of population, suitable for holding court and shall supply the necessary furniture, lights, and janitor service therefore, and shall also provide him with such of the printed laws in force in the Philippines as may be required for his official use. The similar expenses of maintaining the office of a justice of the peace appointed in unorganized territory shall be borne by the province.
Legal blanks and the dockets required by law, as well as the notarial seal to be used by the justice as ex-officio notary public, shall be furnished by the Bureau of Justice.
Clerks and employees of justice of the peace courts.
SEC. 75. Clerks and employees of justice of the peace courts.—The municipal or justice of the peace courts of the several chartered, cities and of the provincial capitals and first class municipalities shall have such clerks of court and other employees as may be necessary at the expense of the said cities and municipalities.
In other municipalities, the municipal councils may allow the justices of the peace one clerk each, at the expense of the respective municipalities, with a salary not to exceed seven hundred and twenty pesos per annum.
With the exception of the clerks and employees of the Municipal Court of the City of Manila, all employees mentioned in this section shall be appointed by the respective justices of the peace.
Miscellaneous powers of justice of the peace.
SEC. 76. Miscellaneous powers of justice of the peace.—A justice of the peace shall have power anywhere within his territorial jurisdiction to solemnize marriages, authenticate merchants books, administer oaths and take depositions and acknowledgment, and, in his capacity as ex-officio notary public, may perform any act within the competency of a notary public.
Attendance at court-Permission for justice to pursue other vocation.
SEC. 77. Attendance at court-Permission for justice to pursue other vocation.—A justice of the peace or auxiliary justice when acting as justice of the peace shall be present at least four hours on each business day in his office or at the place where his court is held; but he may, after office hours, with the permission of the district judge concerned, pursue any other vocation or hold any other office or position.
No justice or auxiliary justice may act as the attorney for any party to a cause commenced in his court or elsewhere except by special permission of the District Judge.
Hearing of cause at place other than office of justice of the peace.
SEC. 78. Hearing of cause at place other than office of justice of the peace.—Upon written request of both parties to a cause, a justice of the peace may hear the same at any suitable place in hrs jurisdiction; and in such case his necessary travel expense from his official station to the place of trial, and upon return therefrom, not exceeding two and one-half pesos per day in all, may be taxed as costs, but if the trial of more than one of such cases is requested in a particular locality, he shall arrange to try them as nearly as possible at the same time and place and shall divide the travel expense among them proportionately to the time consumed in the trial of each case.
Service of process of justice of the peace.
SEC. 79. Service of process of justice of the peace.—The sheriff of the province shall serve or execute, or cause to be served and executed, all civil writs, processes, and orders issued by any justice of the peace in the province; and civil process, other than executions, may be served by any persons designated by the justice for the purpose. Criminal process issued by a justice of the peace shall be served or executed by the mayor of the municipality or other local political division, by means of the local police, or in the City of Manila by the members of its police department; but such process may also be served or executed with equal effect by the sheriff.
Criminal process may be issued by a justice of the peace, to be served outside his province, when the district judge, or in his absence the provincial fiscal, shall certify that in his opinion the interest of justice require such service.
Seat of justice acting as notary public.
SEC. 80. Seat of justice acting as notary public.— The use of a seal of office shall not be necessary to the authentication of any paper, document, or record signed by a justice of the peace or emanating from his office except when he acts as notary public ex-officio.
Appointment of Government officers as justices of the peace ex-officio.
SEC. 81. Appointment of Government officers as justices of the peace ex-officio.—When in the opinion of the President of the Philippines the public interest shall so require, he may appoint any qualified person in the government service to act in the capacity of justice of the peace ex-officio, without additional compensation, in any specially organized province. Such appointee shall have all the powers of a justice of the peace proper, with such territorial jurisdiction as shall be stated in the commission issued to the appointee, but such jurisdiction shall not extend to, or be hereafter exercised at any place within the jurisdiction of any duly appointed justice of the peace or auxiliary justice of the peace.
A person exercising the function of justice of the peace ex-officio in any municipal district may, in his discretion, transfer any case within his jurisdiction to the justice of the peace of the nearest organized municipality in the province.
The President of the Philippines may, in his discretion, authorize a municipal district mayor who is an attorney-at-law to act as justice of the peace to try cases for violation of municipal ordinances within his district.
Salaries of justices of the peace.
SEC. 82. Salaries of justices of the peace.—Except as provided in the next succeeding section, justices of the peace shall receive the following salaries per annum:
Of circuit courts, from two thousand forty to two thousand six hundred forty pesos each;
In municipalities of the first class, from one thousand eight hundred to one thousand nine hundred twenty pesos each;
In municipalities of the second class, from one thousand four hundred forty to one /thousand six hundred eighty pesos each;
In municipalities, of third class, fourth class, and fifth class and municipal districts and other places not specially provided for by law, from one thousand two hundred to one thousand three hundred twenty pesos each.
Provided, That the Secretary of Justice shall, with the approval of the President, fix the salary of each justice of the peace within the above limitations, taking into consideration, among other things, the number of cases docketed in his court and the accessibility and means of transportation available between the different municipalities under his jurisdiction: Provided, further, That when a Justice of the peace is designated to act temporarily in one Or more municipalities or districts in addition to his own municipality or district, he shall be entitled to the salary of his municipality or district, plus seventy-five per centum of the salary for each municipality or district in which his temporarily designated to act; but in no case shall he be entitled to an aggregate salary of more than two thousand six hundred forty pesos per annum.
SEC. 83. Salaries of the judges of the municipal courts of chartered cities and of the justices of the peace in provincial capitals.—The annual salary of each of the judges of the municipal courts of the following chartered cities shall be:
Of the City of Manila, six thousand pesos;
Of Quezon City, and the Cities of Baguio, Cebu, Rizal and Iloilo, five thousand four hundred pesos;
Of the Cities of Bacolod and San Pablo, four thousand pesos;
Of the Cities of Cavite, Davao, Ormoc, Dagupan, Lipa and Zamboanga, and of other cities, three thousand six hundred pesos.
The annual salaries of the justices of the peace of the capitals of the provinces shall be as follows:
Of the justices of the peace of the capitals of the Provinces of Nueva Ecija, Pangaslnan, and Rizal, four thousand pesos each; of the justices of the peace of the capitals of the Provinces of Bulacan, Laguna, La Union, Pampanga, Quezon, and Tarlac, three thousand six hundred pesos each; of the justices of the peace of the capitals of the Provinces of Albay, Bataan, Batangas, Camarines Sur, Capiz, Cotar bato, Ilocos Norte, Ilocos Sur, Isabela, Leyte, Negros Occidental, and Nueva Vizcaya, three thousand pesos each; of the justices of the peace of the capitals of the other provinces organized under the Provincial Law, the capitals of Provinces of Agusan, Batanes, Bukidnon, Cotabato, Lanao, Palawan, Mountain Province, and Sulu, two thousand four hundred pesos each: Provided, however, That for judicial purposes the municipality of Aparri, Province of Cagayan, and the municipality of Cervantes, Province of Ilocos Sur, shall be considered as provincial capitals and the respective justices of the peace thereof shall have the same qualifications required of, and shall have the jurisdiction as, under the law, may be exercised by the justices of the peace of provincial capitals and shall be paid an annual salary of two thousand tour hundred pesos each: Provided, further, That the judge of the municipal court of a city which is at the same time the capital of a province shall be considered as the justice of the peace of the capital of such province.
Payment of salaries of justice of the peace.
SEC. 84. Payment of salaries of justice of the peace.— In order to facilitate the payment of the salaries of justices of the peace in the provinces, the treasurer of the respective political division concerned shall advance the same monthly out of any proper available funds in his possession and such advances Will be reimbursed monthly from the national appropriation.
Compensation of auxiliary justice.
SEC. 85. Compensation of auxiliary justice.— An auxiliary justice of the peace, when performing all the duties of a justice of the peace, shall receive the full compensation which would accrue to the office of justice. In cases where the justice of the peace, without ceasing to act as justice, shall certify any cause to the auxiliary justice for trial, the latter shall receive compensation in an amount equivalent to the fees accruing in such cause, which amount shall be deducted from the salary of the regular justice.
When the auxiliary justice acts as substitute for the regular justice while the latter is absent on official business, the compensation of the auxiliary justice shall not be deducted from the salary of the justice.
Jurisdiction of justice of the peace and judges of municipal courts of chartered cities.
SEC. 86. Jurisdiction of justice of the peace and judges of municipal courts of chartered cities.—The jurisdiction of justices of the peace and judges of municipal courts of chartered cities shall consist of:
Original jurisdiction to try criminal cases in which; offense charged has been committed within their respective territorial jurisdiction; and
Original jurisdiction in civil actions arising in their respective municipalities and cities, and not exclusively cognizable by the Courts of First Instance.
Original jurisdiction to try criminal cases.
SEC. 87. Original jurisdiction to try criminal cases.— Justices of the peace and judges of municipal courts of chartered cities shall have original jurisdiction over:
All violations of municipal or city ordinances committed within their respective territorial jurisdiction;
All offenses in which the penalty provided by laws imprisonment for not more than six months, or a fine of not more than two hundred pesos, or both such fine and imprisonment;
All criminal cases arising under the laws relating to:
Gambling and management or operation of lotteries;
Assaults where the intent to kill is not charged or evident upon the trial;
Larceny, embezzlement and estafa where the amount of money or property stolen, embezzled, or otherwise involved, does not exceed the sum or value of two hundred pesos;
Sale of intoxicating liquors;
Falsely impersonating an officer;
Malicious mischief;
Trespass on Government or private property; and
Threatening to take human life.
Said justices of the peace and judges of municipal courts may also conduct preliminary investigations for any offense alleged to have been committed within their respective municipalities and cities, without regard to the limits of punishment, and may release, or commit and bind over any person charged with such offense to secure his appearance before the proper court.
Justices of the peace in the capitals of provinces may, by assignment of the respective district judge in each case, have like jurisdiction as the Court of First Instance to try parties charged with an offense committed within the province in which the penalty provided by law does not exceed imprisonment for two years and four months, or a fine of two thousand pesos, or both such imprisonment and fine, and, in the absence of the district judge, shall have like jurisdiction within the province as the Court of First Instance to hear applications for bail.
Original jurisdiction in civil cases.
SEC. 88. Original jurisdiction in civil cases.—In all civil actions, including those mentioned in Rules 59 and 62 of the Rules of Court, arising in his municipality or city, and not exclusively cognizable by the Court of First Instance, the justice of the peace and the judge of a municipal court shall have exclusive original jurisdiction where the value of the subject matter or amount of the demand does not exceed two thousand pesos, exclusive of interest and costs forcible entry and detainer proceedings, the justice of the peace or judge of the municipal count shall have original jurisdiction, but the said justice or judge may receive evidence upon the question of title therein, whatever may be the value of the property, solely for the purpose of determining the character and extent of possession and damages for detention. In forcible entry proceedings, he may grant preliminary injunctions, in accordance with the provisions of the Rules of Court, to prevent the defendant from committing further acts of dispossession against the plaintiff.
The jurisdiction of a justice of the peace and judge of a municipal court shall not extend to civil actions in which the subject of litigation is not capable of pecuniary estimation, except in forcible entry and detainer cases; nor to those which involve the legality of any tax, impost, to assessment; nor to actions involving admiralty or maritime jurisdiction; nor to matters of probate, the appointment of guardians, trustees or receivers; nor to actions for annulment of marriages: Provided, however, That justices of the peace who are duly qualified members of the bar may, with the approval of the Secretary of Justice, be assigned by the respective district judge in each case to hear land, determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots the value of which does not exceed two thousand pesos, such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimant, if there are more than one, or from the corresponding declaration of real property.
Justices of the peace in the capitals of provinces and sub Provinces in the absence of the District Judge, Judge-at-Large or Cadastral Judge from the province may exercise within the province like interlocutory jurisdiction as the Court of First Instance, which shall be held to include the hearing of all motions for the appointment of a receiver, for temporary injunctions, and for all other orders of the court which are not final in their character and do not involve a decision of the case of its merits, and the hearing of petitions for a wit of habeas corpus.
Traveling expenses of justices of the peace assigned to hear civil, cadastral and criminal cases.
SEC. 89. Traveling expenses of justices of the peace assigned to hear civil, cadastral and criminal cases.—Whenever a justice of the peace, upon assignment by the district judge, either hears and determine cadastral or land registration cases or exercises like jurisdiction as the Court of First Instance to try parties charged with an offense committed within the province in which the penalty provided by law does not exceed imprisonment for two years and four months, or a fine of two thousand pesos, or bath such imprisonment and fine, he shall receive, in addition to his salary, during the time that he is acting by virtue of such assignment, a per diem not to exceed, five pesos: Provided, however, That if said justice of the peace hears and determines cadastral or land registration cases elsewhere than in the municipality in which he exercises jurisdiction, upon the authority of the Secretary of Justice, he shall be paid, in addition to his necessary traveling expenses, a per diem not to exceed fifteen pesos to be fixed by the Secretary of Justice.
Jurisdiction to appoint guardians.
SEC. 90. Jurisdiction to appoint guardians.—Justices of the peace and judges of municipal courts of chartered cities are empowered to appoint guardians or guardian's ad litem for litigants in their courts who are incapacitated by being of minor age or mentally incapable.
Incidental powers of justices of the peace and municipal courts.
SEC. 91. Incidental powers of justices of the peace and municipal courts.—The justice of the peace and municipal courts shall have power to administer oaths and to give certificates thereof; to issue summonses, writs, warrants, executions, and all other processes necessary to enforce their orders and judgments; to compel the attendance of witnesses; to punish contempt of court by fine or imprisonment, or both, within the limitation imposed by Rules of Court, and to require of any person arrested a bond for good behavior or to keep the peace, or for the further appearance of such person before a court of competent jurisdiction. But no such bond shall be accepted unless it be executed by the person in whose behalf it is made, with sufficient surety or sureties, to be approved by said court.
Fees collectible by justices of the peace.
SEC. 92. Fees collectible by justices of the peace.—No fees, compensation, or reward of any sort, except such as is expressly prescribed and allowed by law, shall be collected or received for any service rendered by a justice of the peace or by any officer or employee of his court.
Moneys paid into courts of justice of the peace.
SEC. 93. Moneys paid into courts of justice of the peace.—By whom to be received.—All moneys accruing to the Government in courts of justices of the peace, including fees, fines, forfeitures, costs, or other miscellaneous receipts, and all trust or depositary funds paid into such counts shall be received by the deputy provincial treasurer, or in the City of Manila by the Collector of Internal Revenue, for disposition according to law.
Disposition of Government moneys derived from courts of justice of the peace.
SEC. 94. Disposition of Government moneys derived from courts of justice of the peace.—Such of these moneys as accrue to the Government shall be turned over to the Collector of Internal Revenue, who shall have the administrative jurisdiction over such collections amid shall pay the same into the National Treasury to the credit of the general funds of [the National Government.
Monthly report of justice of the peace.
SEC. 95. Monthly report of justice of the peace.—On the first of the month each justice of the peace shall submit to the receiving officer, upon forms prescribed by the General Auditing Office, a detailed report of all official business transacted by him or in his court during the preceding month, such as marriages solemnized, actions begun, terminated, or pending in the court, together with an itemized statement of all fees and costs collected and for what Service.
Supervision of District Judges over justice of the peace—Annual report of justice.
SEC. 96. Supervision of District Judges over justice of the peace—Annual report of justice.—The District Judge shall at all times exercise a supervision over the justices if the peace within his district, and shall keep himself informed of the manner in which they perform their duties, by personal inspection whenever possible, from reports which he may require from them, from cases, appealed to his court, and from all other available sources. In proper cases he shall advise and Instruct them whenever requested, or when occasion arises, and such justices of the peace shall apply to him and not to the Secretary of Justice for advice and instruction, and any such inquiries received by the Secretary of Justice shall be referred by ham to the district judge of the proper district.
The justice of the peace shall during the first five days of the year, forward to the District Judge a report concerning the business done in his court for the previous year, upon forms to be prescribed by the Secretary of Justice.
Such report shall be filed in the office of the clerk of the Court of First Instance, and said District Judge of the district shall, with the assistance of said clerk, embody a summary of such reports for each province of his district together with other matters of interest and importance relative to the administration of justice therein, particularly with reference to justice of the peace courts, in a brief report, which he shall forward as soon as possible after the dose of the fiscal year to- the Department Head.
Suspension and removal.
SEC. 97. Suspension and removal.—If at any time the District Judge has reason to believe that a justice of the peace is not performing forts duties properly or if complaints are made which, if true, would indicate that the justice is unfit for the office, he shall make such investigation of the same as the circumstances may seem to him to warrant, and may, for good cause, reprimand the justice, or may recommend to the President of the Philippines his removal from office, or his removal and disqualification from holding office and may suspend him from office pending, action by the President of the Philippines. The President of the Philippines may upon such recommendation or on his own motion, remove from office any justice of the peace or auxiliary justice of the peace.
Final disposition of dockets.
SEC. 98. Final disposition of dockets.—When a justice of the peace shall die or resign or shall be removed from office or shall remove from the jurisdiction to which he was appointed, or when his office shall in a way become vacant, such justice of the peace, or his legal representative in case of his death, shall, within ten days thereafter, deliver his docket, process, papers, books, and all records relating to his office to the justice appointed to fill the vacancy or to the auxiliary justice of the same locality.
Where the documents and records aforesaid are delivered into the custody of the auxiliary justice of the peace, it shall be his duty, during the time he shall perform the duties of the office, safely to keep the same and to certify copies thereof whenever lawfully demanded; and upon the appointment and qualification of a justice of the peace to fill the vacancy, the said auxiliary justice shall deliver all the documents and records pertaining to the office in question to the new justice of the peace.
When any violation of this section comes to the knowledge of the district judge having supervision over the office in question, it shall be his duty to issue a summary order for the delivery of the documents and records aforesaid, under penalty of contempt.
Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).
