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Batas Pambansa Bilang 129
AN
ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER
PURPOSES.
BATAS
PAMBANSA BILANG 129
AN
ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER
PURPOSES.
PRELIMINARY
CHAPTER
Section 1. Title.
— This Act shall be known as "The Judiciary Reorganization Act of
1980."
Sec. 2. Scope.
— The reorganization herein provided shall include the Court of
Appeals,
the Court of First Instance, the Circuit Criminal Courts, the Juvenile
and Domestic Relations Courts, the Courts of Agrarian Relations, the
City
Courts, the Municipal Courts, and the Municipal Circuit Courts.
CHAPTER I
COURT OF APPEALS
Sec. 3. Organization.
— There is hereby created a Court of Appeals which consists of a
Presiding
Justice and fifty Associate Justice who shall be appointed by the
President
of the Philippines. The Presiding Justice shall be so designated in his
appointment, and the Associate Justice shall have precedence according
to the dates of their respective appointments, or when the appointments
of two or more of them shall bear the same date, according to the order
in which their appointments were issued by the President. Any member
who
is reappointed to the Court after rendering service in any other
position
in the government shall retain the precedence to which he was entitled
under his original appointment, and his service in the Court shall, for
all intents and purposes, be considered as continuous and
uninterrupted.
(As
amended by Exec.
Order No. 33, July 28, 1986)
Sec. 4. Exercise
of powers and functions. — The Court Appeals shall exercise its
powers,
functions, and duties, through seventeen (17) divisions, each composed
of three (3) members. The Court may sit en banc only for the
purpose
of exercising administrative, ceremonial, or other non-adjudicatory
functions.
(as
amended by Exec.
Order No. 33, July 26, 1986)
Sec. 5. Succession
to Office of Presiding Justice. – In case of a vacancy in the
absence
of inability to perform the powers, functions, and duties of his
office,
the associate Justice who is first in precedence shall perform his
powers,
functions, and duties until such disability is removed, or another
Presiding
Justice is appointed and has qualified.
Sec. 6. Who
presides over session of a division. – If the Presiding Justice is
present in any session of a division of the Court, he shall preside. In
his absence, the Associate Justice attending such session who has
precedence
shall preside.
Sec. 7. Qualifications.
– The Presiding Justice and the Associate Justice shall have the
same
qualifications as those provided in Constitution for Justice of the
Supreme
Court.
Sec. 8. Grouping
of Divisions. – (Expressly repealed by Section
4, Exec. Order No. 33, July 28, 1986)
Sec. 9. Jurisdiction.
– The Court of Appeals shall Exercise:chanroblesvirtuallawlibrary
1.
Original
jurisdiction to issue writs of mandamus, prohibition, certiorari,
habeas corpus, and quo warranto, and auxiliary writs or
processes,
whether or not in aid of its appellate jurisdiction;
2. Exclusive
original jurisdiction over actions for annulment of judgments of
Regional
Trial Courts; and
3. Exclusive
appellate jurisdiction over all final judgments, resolutions, orders or
awards of Regional Trial Courts and quasi-judicial agencies,
instrumentalities,
boards or commission, including the Securities and Exchange Commission,
the Social Security Commission, the Employees Compensation Commission
and
the Civil Service Commission, Except those falling within the appellate
jurisdiction of the Supreme Court in accordance with the Constitution,
the Labor
Code of the Philippines under Presidential Decree No. 442, as amended,
the provisions of this Act, and of subparagraph (1) of the third
paragraph
and subparagraph 4 of the fourth paragraph od Section 17 of the
Judiciary
Act of 1948.
The court of
Appeals
shall have the power to try cases and conduct hearings, receive
evidence
and perform any and all acts necessary to resolve factual issues raised
in cases falling within its original and appellate jurisdiction,
including
the power to grant and conduct new trials or Appeals must be continuous
and must be completed within three (3) months, unless extended by the
Chief
Justice.
(as amended by R.
A. No. 7902)
Sec. 10.
Place
of holding sessions. – The Court of Appeals shall have its
permanent
station in the City of Manila. Whenever demanded by public interest,
the
Supreme Court, upon its own initiative or upon recommendation of the
Presiding
Justice, may authorize a division of the Court to hold sessions outside
Manila, periodically, or for such periods and at such places as the
Supreme
Court may determine, for the purpose of hearing and deciding cases.
Sec. 11.
Quorum
– A majority of the actual members of the Court shall constitute a
quorum for its session en banc. Three members shall constitute
a
quorum for the session of a division. The unanimous vote of the three
members
of a division shall be necessary for the pronouncement of a decision of
final resolution, which shall be reached in consultation before the
writing
of the opinion by any members of the division. In the event that the
three
members do not reach a unanimous vote, the Presiding Justice shall
request
the Raffle Committee of the Court for the designation of two additional
Justice to sit temporarily with them, forming a special division of
five
members and the concurrence of a majority of such division shall be
necessary
for the pronouncement of a decision or final resolution. The
designation
of such additional Justice shall be made strictly by raffle.
A month for
reconsideration of its decision or final resolution shall be resolved
by
the Court within ninety (90) days from the time it is submitted for
resolution,
and no second motion for reconsideration from the same party shall be
entertainment.
(As
amended by Exec.
Order No. 33, July 28, 1986)
Sec. 12.
Internal
Rules. – The court en banc is authorized to promulgate
rules
or orders governing the constitution of the divisions and the
assignment
of Appellate Justices thereto, the distribution of cases, and other
matters
pertaining to the operations of the Court of its divisions. Copies of
such
rules and orders shall be furnished by the Supreme Court, which rules
and
orders shall be effective fifteen (15) days after receipt thereof,
unless
directed otherwise by the Supreme Court.
CHAPTER II
REGIONAL TRIAL
COURTS
Sec. 13.
Creation
of Regional Trial Courts. – There are hereby created thirteen (13)
Regional Trial Courts, one for each of the following judicial regions:chanroblesvirtuallawlibrary
The
First Judicial Region, consisting of the provinces of Abra, Benguet,
Ilocos
Norte, Ilocos Sur, La Union, Mountain Province, and Pangasinan, and
cities
of Baguio, Dagupan, Laoag and San Carlos;
The Second
Judicial
Region, consisting of the provinces of Batanes, Cagayan, Ifugao,
Kalinga-Apayao,
Nueva Viscaya, and Quirino;
The Third
Judicial
Region, consisting of the provinces of Bataan, Bulacan (except the
municipality
of Valenzuela), Nueva Ecija, Pampanga, Tarlac, and Zambales, and the
cities
of Angeles, Cabanatuan, Olongapo, Palayan and San Jose;
The
National
Capital Judicial Region, consisting of the cities of Manila, Quezon,
Pasay,
Caloocan and Mandaluyong, and the municipalities of Navotas, Malabon,
San
Juan, Makati, Pasig, Pateros, Taguig, Marikina, Parañaque, Las
Piñas,
Muntinlupa, and Valenzuela;
The Fourth
Judicial
Region, consisting of the provinces of Batangas, Cavite, Laguna,
Marinduque,
Mindoro Occidental, Mindoro Oriental, Palawan, Quezon, Rizal (except
the
cities and municipalities embraced within the National Capital Judicial
Region, Romblon, and Aurora, and the cities of Batangas, Cavite, Lipa,
Lucena, Puerto Princesa, San Pablo, Tagaytay, and Trece Martirez;
The Fifth
Judicial
Region, consisting of the provinces of Albay, Camarines Sur, Camarines
Norte, Catanduanes, Masbate, and Sorsogon, and the cities of Legaspi,
Naga
and Iriga;
The Sixth
Judicial
Region, consisting of the provinces of Aklan, Antique, Capiz, Iloilo,
La
Carlota, Roxas, San Carlos, and Silay, and the subprovince of Guimaras;
The
Seventh
Judicial Region, consisting of the provinces of Bohol, Cebu, Negros
Oriental,
and Siquijor, and the cities of Bais, Canlaon, Cebu, Danao, Dumaguete,
Lapu-lapu, Mandaue, Tagbilaran, and Toledo,
The Eighth
Judicial
Region, consisting of the provinces or Eastern Samar, Leyte, Northern,
Samar, Southern Leyte, Ormoc, and Tacloban:chanroblesvirtuallawlibrary
The Ninth
Judicial
Region, consisting of the provinces of Basilan, Sulu, Tawi-Tawi,
Zamboanga
del Sur, and the cities of Dapitan, Dipolog, Pagadian, and Zamboanga;
The Tenth
Judicial
Region, consisting of the provinces of Agusan del Norte, Agusan del
Sur,
Bukidnon, Camiguin, Misamis Occidental, Misamis Oriental, and Surigao
del
Norte, and the cities of Butuan, Cagayan de Oro, Gingoog, Ozamis,
Oroquieta,
Surigao, and Tangub;
The
Eleventh
Judicial Region, consisting of the provinces of Davao del Norte, Davao
Oriental, Davao del Sur, South Cotabato, and Surigao del Sur, and the
cities
of Davao, and General Santos; and
The
Twelfth
Judicial Region, consisting of the provinces of Lanao del Norte, Lanao
del Sur, Maguindanao, North Cotabato, and Sultan Kudarat, and the
cities
of Cotabato, Iligan, and Marawi.
In case of
transfer
or redistribution of the provinces, subprovinces, cities or
municipalities
comprising the regions established by law of purposes of the
administrative
field organization of the various departments and agencies of the
government,
the composition of the judicial regions herein constituted shall be
deemed
modified accordingly.
Sec. 14.
Regional
Trial Courts.
(a)
Fifty-seven
Regional Trial Judges shall be commissioned for the First Judicial
Region.
There shall be:chanroblesvirtuallawlibrary
Two
branches
(Branches III and II) for the province of Abra, with seats at Bangued;
Eight
branches
(Branches III to X) for the province of Benguet and the city of Baguio,
Branches III to VII with seats at Baguio City, and Branches VIII to X
at
La Trinidad;
Nine
branches
(Branches XI to XIX) for the province of Ilocos Norte and the city of
Laoag,
Branches XI to XVI with seats at Laoag City, Branches XVII and XVIII at
Batac, and Branch XIX at Bangui;
Six branches
(Branches XX to XXV) for the province of Ilocos Sur, Branches XX and
XXI
with seats at Vigan, Branch XXII at Narvacan, Branch XXIII at Candon,
Branch
XXIV at Cabugao, and Branch XXV at Tagudin;
Nine
branches
(Branches XXVI to XXXIV) for the province of La Union, Branches XXVI to
XXX with seats at San Fernando, Branches XXXI and XXXII at Agoo, Branch
XXXIII at Bauang, and Branch XXXIV at Balaoan;
Two branches
(Branches XXXV and XXXVI) for the province of Mountain province, with
seats
at Bontoc; and
Twenty-one
branches
(Branches XXXVII to LVII) for the province of Pangasinan and the cities
of Dagupan and San Carlos, Branches XXXVII to XXXIX with seats at
Lingayen,
Branches XL to XLIV at Dagupan, Branches XLV to XLIX at Urdaneta,
Branch
L at Villasis, Branches LI and LII at Tayug, Branch LIII at Rosales,
Branches
LIV and LV at Alaminos, and Branch LVI and LVII at San Carlos.
(b) Thirty-two
Regional Trial Judges shall be commissioned for the Second Judicial
region.
There shall be:chanroblesvirtuallawlibrary
Twelve
branches
(Branches I to XII) for the province of Cagayan, Branches I to V with
seats
at Tuguegarao, Branches VI to X at Aparri, Branch XI at Tuao, and
Branch
XII at Sanchez Mira;
One branch
(Branch
XIII) for the province of Batanes, with seat at Basco;
Two branches
(Branches XIV and XV) for the province of Ifugao, Branch XIV with seat
at Lagawe, and Branch XV at Potia;
Nine
branches
(Branches XVI to XXIV) for the province of Isabela, Branches XVI to
XVIII
with seats at Ilagan, Branches XIX and XX at Cauayan, Branch XXI at
Santiago,
Branch XXII at Cabagan, Branch XXIII at Roxas, and Branch XXIV at
Echague;
Two branches
(Branches XXV and XXVI) for the province of Kalinga-Apayao, Branch XXV
with seat at Tabuk, and Branch XXVI at Luna;
Four
branches
(Branches XXVII to XXX) for the province of Nueva Vizcaya, Branches
XXVII
to XXIX with seats at Bayombong, and Branch XXX at Bambang;
Two branches
(Branches XXXI and XXXII) for the province of Quirino, with seats at
Cabarroguis.
(c)
Seventy-five
Regional Trial judges shall be commissioned for the Third Judicial
Region.
There shall be:chanroblesvirtuallawlibrary
Five
branches
(Branches I to V) for the province of Bataan, Branches I to III with
seats
at Balanga, Branch IV at Mariveles, and Branch V at Dinalupihan;
Seventeen
branches
(Branches VI to XXII) for the province of Bulacan (except the
municipality
of Valenzuela), with seats at Malolos;
Eighteen
branches
(Branches XXIII to XL) for the province of Nueva Ecija and the cities
of
Cabanatuan, San Jose and Palayan, Branches XXIII to XXX with seats at
Cabanatuan
City, Branches XXXI to XXXIII at Guimba, Branches XXXIV to XXXVI at
Gapan,
Branch XXXVII at Sto. Domingo, Branches XXXVIII and XXXIX at San Jose,
and Branch XL at Palayan.
Twenty-two
branches
(Branches XLI to LXII) for the province of Pampanga and the city of
Angeles,
Branches XLI to XLVIII with seats at San Fernando, Branches XLIX to
LIII
at Guagua, Branches LIV and LV at Macabebe, and Branches LVI to LXII at
Angeles City;
Six branches
(Branches LXIII to LXVIII) for the province of Tarlac, Branches LXVI at
Capas, Branch LXVII at Paniqui, and Branch LXVIII at Camiling; and
Seven
branches
(Branches LXIX to LXXV) for the province of Zambales and the city of
Olongapo,
Branches LXIX to LXXI with seats at Iba and Branches LXXII to LXXV at
Olongapo
City
(d) One hundred
seventy-two (172) Regional Trial Judges shall be commissioned for the
National
Capital Judicial Region. There shall be:chanroblesvirtuallawlibrary
Fifty-five
branches (Branches 1 to 55) for the City of Manila, wit seats thereat;
Thirty-two
branches
(Branches 76 to 107) for Quezon City, with seats thereat;
Twelve
branches
(Branches 108 to 119) for Pasay City, with seats thereat;
Twelve
branches
(Branches 120 to 131) for Caloocan City, with seats thereat;
Fifty-eight
branches (Branches 56 to 74 and 132 to 170) for the Municipalities of
Navotas,
Malabon, San Juan, Mandaluyong, Makati, Pasig, Pateros, Taguig,
Marikina,
Parañaque, Las Piñas, and Muntinlupa; Branches 67 to 71
and
151 to 168 at Pasig; and Branches 72 to 74, 169 and 170 at Malabon; and
Three
branches
(Branches 75, 171 and 172) for the municipality of Valenzuela, with
seats
thereat.
(As amended by Executive
Order No. 33, July 30, 1986)
(e) Eighty-two
Regional Trial Judges shall be commissioned for the Fourth Judicial
Region.
There shall be:chanroblesvirtuallawlibrary
Fourteen
branches
(Branches I to XIV) for the province of Batangas and the cities of Lipa
and Batangas, Branches I to VI with seats at Batangas City, Branch V at
Lemery, Branches VI to VIII at Tanauan, Branches IX to XI at Balayan,
Branches
XII and XIII at Lipa, and Branch XIV at Nasugbu;
Nine
branches
(Branches XV to XXIII) for the province of Cavite and the cities of
Cavite,
Tagaytay and Trece Martirez, Branch XV with seat at Naic, Branches XVII
at Cavite City, Branch XVIII at Tagaytay City, Branch XIX at Bacoor,
Branches
XX to XXII at Imus, and Branch XXIII at Trece Martirez;
Fourteen
branches
(Branches XXIV to XXXVII) for the province of Laguna and the city of
San
Pablo, Branches XXVIII at Sta. Cruz, Branches XXIX to XXXII at San
Pablo
City, Branch XXXIII at Siniloan, and Branches XXXIV to XXXVI at Calamba;
One branch
(Branch
XXXVIII) for the province of Marinduque, with seat at Boac;
Five
branches
(Branches XXXIX to XLIII) for the province of Mindoro Oriental,
Branches
XXXIX to XL with seats at Calapan, Branches XLI and XLII at
Pinamalayan,
and Branch XLII at Roxas;
Three
branches
(Branches XLVII to XLVI) for the province of Mindoro Occidental, Branch
XLIV with seat at Mamburao, and Branches XLV and XLVI at San Jose;
Six branches
(Branches XLVII to LII) for the province of Palawan and the city of
Puerto
Princesa, with seats at Puerto Princesa City;
Thirteen
branches
(Branches LIII to LXV) for the province of Quezon and the city of
Lucena,
Branches LIII to LX with seats at Lucena City, Branches LXI and LXII at
Gumaca, Branch LXIII at Calauag, Branch LXIV at Mauban, and Branch LXV
at Infanta;
One branch
(Branch
LXVI) for the province of Aurora, with seat at Baler;
Fourteen
branches
(Branches LXVII to LXXX) for the province of Rizal except the cities
and
municipalities embraced within the National Capital Judicial Region,
Branches
LXVII to LXX with seats at Binangonan, Branches LXXI to LXXIV at
Antipolo,
Branches LXXV to LXXVII at San Mateo, and Branches LXXVIII to LXXX at
Morong;
and
Two branches
(Branches LXXXI and LXXXII) for the province of Romblon, Branch LXXXI
with
seat at Romblon, and Branch LXXXII at Odiongan.
(f) Fifty-five
Regional Trial Judges shall be commissioned for the Fifth Judicial
Region.
There shall be:chanroblesvirtuallawlibrary
Eighteen
branches
(Branches I to XVIII) for the province of Albay and the City of
Legaspi,
Branches I to X with seats at Legaspi City, Branches XI to XIV at
Ligao,
and Branches XV to XVIII at Tabaco;
Nineteen
branches
(Branches XIX to XXXVII) for the province of Camarines Sur and the
cities
of Naga and Iriga, Branches XIX to XXVIII with seats at Naga City,
Branch
XXIX at Libmanan, Branch XXX at Tigaoan, Branches XXXI to XXXIII at
Pili,
and Branches XXXIV to XXXVII at Iriga City;
Four
branches
(Branches XXXVIII to XLII) for the province of Camarines Norte, with
seat
at Daet;
Two branches
(Branches XLII and XLII) for the province of Catanduanes, with seats at
Virac;
Seven
branches
(Branches XLIV to L) for the province of Masbate, Branches XLIV to
XLVIII
with seats at Masbate, Branch XLIX at Cataingan, and Branch L at San
Jacinto;
and
Five
branches
(Branches LI to LV) for the province of Sorsogon, Branches LI to LIII
with
seats at Sorsogon, Branch LVI at Gubat, and Branch LV at Irosin.
(g) Sixty-three
Regional Trial Judges shall be commissioned for the Sixth Judicial
Region.
There shall be:chanroblesvirtuallawlibrary
Nine
branches
(Branches I to IX) for the province of Aklan, with seats at Kalibo;
Four
branches
(Branches X to XIII) for the province of Antique, Branches X to XII
with
seats at San Jose, and Branch XIII and Culasi;
Eight
branches
(Branches XIV to XXI) for the province of Capiz and the city of Roxas,
Branches XIV to XIX with seats at Roxas City and Branches XX and XXI at
Mambusao;
Eighteen
branches
(Branches XXII to XXXIX) for the province of Iloilo, the subprovince of
Guimaras, and the city of Iloilo, with seats at Iloilo City; and
Twenty-four
branches (Branches XL to LXIII) for the province of Negros Occidental,
and the cities of Bacolod, Bago, Cadiz, La Carlota, San Carlos and
Silay,
Branch XL with seat at Silay City, Branches XLI to LIV at Bacolod City,
Branches LV and LVI at Himamaylan, Branches LVII to LIX at Kabankalan,
Branch LXII at Bago City, and Branch LXII at La Carlota City.
(h) Forty-six
Regional
Trial Judges shall be commissioned for the Seventh Judicial Region.
There
shall be:chanroblesvirtuallawlibrary
Four
branches
(Branches I to IV) for the province of Bohol and the city of
Tagbilaran,
with seats at Tagbilaran City;
Twenty-five
branches (Branches V to XXIX) for the province of Cebu and the cities
of
Cebu, Danao, Lapu-Lapu, Mandaue and Toledo, Branches V to XXIV with
seats
at Cebu City, Branch XXV at Danao City, Branch XXVI at Argao, Branch
XXVII
at Lapu-Lapu City, Branch XXVIII at Mandaue City, and Branch XXIX at
Toledo
City;
Sixteen
branches
(Branches XXX to XLV) for the province of Negros Oriental and the
cities
of Dumaguete, Bais and Canlaon, Branches XXX to XLIV with seats at
Dumaguete
City, and Branch XLV at Bais City; and
One branch
(Branch
XLVI) for the province of Siquijor, with seat at Larena.
(i)
Thirty-three
Regional Trial Judges shall be commissioned for the Eighth Judicial
Region.
There shall be:chanroblesvirtuallawlibrary
Five
branches
(Branches I to V) for the province of Eastern Samar, Branches I and II
with seats at Borongan, Branch III at Guiuan, Branch IV at Dolores, and
Branch V at Oras;
Thirteen
branches
(Branches VI to XVIII) for the province of Leyte, the sub-province of
Biliran,
and the cities of Ormoc and Tacloban, Branches VI and IX with seats at
Tacloban City, Branch X at Abuyog, Branch XI at Calubian, Branch XII at
Ormoc City, Branch XIII at Carigara, Branch XIV at Baybay, Branch XV at
Burauen, Branch XVI at Naval, Branch XVII at Palompon, and Branch XVIII
at Hilongos;
Five
branches
(Branches XIX to XXIII) for the province of Northern Samar, Branches
XIX
and XX with seats at Catarman, Branches XXI and XXII at Laoang, and
Branch
XXIII at Allen;
Three
branches
(Branches XXIV to XXVI) for the province of Southern Leyte, Branches
XXIV
and XXV with seats at Maasin, and Branch XXVI at San Juan; and
Seven
branches
(Branches XXVII to XXXIII) for the province of Samar and the city of
Calbayog,
Branches XXVII to XXIX with seats at Catbalogan, Branch XXX at Basey,
Branches
XXXI and XXXII at Calbayog City, and Branch XXXIII at Calbiga.
(j) Twenty-four
Regional Trial Judges shall be commissioned for the Ninth Judicial
Region.
There shall be:chanroblesvirtuallawlibrary
Two
branches
(Branches I and II) for the province of Basilan, with seats at Isabela;
Two branches
(Branches III and IV) for the province of Sulu, Branch III with seat at
Jolo, and Branch IV at Parang;
One branch
(Branch
V) for the province of Tawi-Tawi, with seat at Bongao;
Six branches
(Branches VI to XI) for the province of Zamboanga del Norte, and the
cities
of Dipolog and Dapitan, Branches VI to X seats at Dipolog City, and
Branch
XI at Sindangan; and
Thirteen
branches
(Branches XII to XXIV) for the province of Zamboanga del Sur and the
cities
of Pagadian and Zamboanga Branches XII to XVII with seats at Zamboanga
City, Branches, XVIII to XXII at Pagadian City, Branch XXIII at Molave,
and Branch XXIV at Ipil.
(k) Thirty-two
Regional Trial Judges shall be commissioned for the Tenth Judicial
Region.
There shall be:chanroblesvirtuallawlibrary
Five
branches
(Branches I to V) for the province of Agusan del Norte and the city of
Butuan, with seats at Butuan City;
Two branches
(Branches VI and VII) for the province of Agusan del Sur, Branches VI
with
seat at Prosperidad and Branch VII with seat at Bayugan;
Four
branches
(Branches VIII to XI) for the province of Bukidnon, Branches VIII to X
with seats at Malaybalay and Branch XI at Manalo Fortich;
Five
branches
(Branches XII to XI) for the province of Misamis Occidental and the
cities
of Oroquieta, Ozamis, and Tangub, Branches XII to XIV with seats at
Oroquieta
City, Branch XV at Ozamis City, and Branch XVI at Tangub City;
Eleven
branches
(Branches XVII to XXVII) for the province of Misamis Oriental and the
cities
of Cagayan de Oro and Gingoog, Branches XVII to XXV with seats at
Cagayan
de Oro City, Branch XXVI at Medina, and Branch XXVII at Gingoog City;
One branch
(Branch
XXVIII) for the province of Camiguin, with seat at Mambajao; and
Four
branches
(Branches XXIX to XXXII) for the province of Surigao del Norte and the
City of Surigao, Branches XXIX and XXX with seats at Surigao City,
Branch
XXXI at Dapa, and Branch XXXII at Dinagat, Dinagat Island.
(l) Twenty-nine
Regional Trial Judges shall be commissioned for the Eleventh Judicial
Region.
There shall be:chanroblesvirtuallawlibrary
Four
branches
(Branches I to IV) for the province of Davao del Norte, Branches I and
II with seats at Tagum, Branch III at Nabunturan, and Branch IV at
Panabo;
Three
branches
(Branches V to VII) for the province of Davao Oriental, Branches V and
VI with seats at Mati and Branch VII at Banganga;
Fourteen
branches
(Branches VIII to XXI) for the province of Davao del Sur and the city
of
Davao,
Branches VIII to XVII with seats at Davao City, Branches XVIII and XIX
at Digos, Branch XX at Malinta, and Branch XXI a Bansalan;
Five
Branches
(Branches XXII to XXVI) for the province of South Cotabato and the city
of General Santos, Branches XXII and XXIII with seats at General Santos
City, Branches XXIV and XXV at Koronadal, and Branch XXVI at Surallah;
and
Three
branches
(Branches XXVII to XXIX) for the province of Surigao del Sur, Branch
XXVII
with seat at Tandag, Branch XXVIII at Lianga, and Branch XXIX at Bislig.
(m) Twenty
Regional
Trial Judges shall be commissioned for the Twelfth Judicial Region.
There
shall be:chanroblesvirtuallawlibrary
Seven
branches
(Branches I to VII) for the province of Lanao del Norte and the city of
Iligan, Branches I to VI with seats at Iligan City, and Branch VII at
Tubod;
Five
branches
(Branches VIII to XII) for the province of Lanao del Sur and the city
of
Marawi, Branches VIII to X with seats at Marawi City, and Branches XI
and
XII at Malabang;
Three
branches
(Branches XIII to XV) for the province of Maguindanao and the city of
Cotabato,
Branches XIII and XIV with seats at Cotabato City, and Branch XV at
Maganoy;
Three
branches
(Branches XVI to XVIII) for the province of North Cotabato, Branch XVI
with seat at Kabacan, Branch XVII at Kidapawan, and Branch XVIII at
Midsayap;
and
Two branches
(Branches XIX and XX) for the province of Sultan Kudarat, Branch XIX,
with
seat at Isulan, and Branch XX at Tacurong.
Sec. 15. Qualifications.
— No persons shall be appointed Regional Trial Judge unless he is a
natural-born
citizen of the Philippines, at least thirty-five years of age, and for
at least ten years, has been engaged in the practice of law in the
Philippines
or has held a public office in the Philippines requiring admission to
the
practice of law as an indispensable requisite.
Sec. 16.
Time
and duration of sessions. — The time and duration of daily sessions
of the Regional Trial Courts shall be determined by the Supreme Court:
Provided,
however, That all motions, except those requiring immediate action,
shall be heard in the afternoon of every Friday, unless it falls on a
holiday,
in which case, the hearing shall be held on the afternoon of the next
succeeding
business day: Provided, further, That the Supreme Court may,
for
good reasons, fix a different motion day in specified areas
Sec. 17.
Appointment
and assignment of Regional Trial Judges. — Every Regional Trial
Judge
shall be appointed to a region which shall be his permanent station,
and
his appointment shall state the branch of the court and the seat
thereof
to which he shall be originally assigned. However, the Supreme Court
may
assign temporarily a Regional Trial Judge to another region as public
interest
may require, provided that such temporary assignment shall not last
longer
than six (6) months without the consent of the Regional Trial Judge
concerned.
A Regional Trial
Judge may be assigned by the Supreme Court to any branch or city or
municipality
within the same region as public interest may require, and such
assignment
shall not be deemed an assignment to another station within the meaning
of this section.
Sec. 18.
Authority
to define territory appurtenant to each branch. — The Supreme Court
shall define the territory over which a branch of the Regional Trial
Court
shall exercise its authority. The territory thus defined shall be
deemed
to be the territorial area of the branch concerned for purposes of
determining
the venue of all suits, proceedings or actions, whether civil or
criminal,
as well as determining the Metropolitan Trial Courts, Municipal Trial
Courts,
and Municipal Circuit Trial Courts over the said branch may exercise
appellate
jurisdiction. 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 region and making the attendance of litigants and witnesses as
inexpensive
as possible.
Sec. 19.
Jurisdiction
in civil cases. — Regional Trial Courts shall exercise exclusive
original
jurisdiction:chanroblesvirtuallawlibrary
(1) In all
civil actions in which the subject of the litigation is incapable of
pecuniary
estimation;
(2) In all
civil
actions which involve the title to, or possession of, real property, or
any interest therein, where the assessed value of the property involved
exceeds Twenty thousand pesos (P20,000.00) or for civil actions in
Metro
Manila, where such the value exceeds Fifty thousand pesos (50,000.00)
except
actions for forcible entry into and unlawful detainer of lands or
buildings,
original jurisdiction over which is conferred upon Metropolitan Trial
Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts;
(3) In all
actions
in admiralty and maritime jurisdiction where he demand or claim exceeds
One hundred thousand pesos (P100,000.00) or, in Metro Manila, where
such
demand or claim exceeds Two hundred thousand pesos (200,000.00);
(4) In all
matters
of probate, both testate and intestate, where the gross value of the
estate
exceeds One hundred thousand pesos (P100,000.00) or, in probate matters
in Metro Manila, where such gross value exceeds Two hundred thousand
pesos
(200,000.00);
(5) In all
actions
involving the contract of marriage and marital relations;
(6) In all
cases
not within the exclusive jurisdiction of any court, tribunal, person or
body exercising jurisdiction or any court, tribunal, person or body
exercising
judicial or quasi-judicial functions;
(7) In all
civil
actions and special proceedings falling within the exclusive original
jurisdiction
of a Juvenile and Domestic Relations Court and of the Courts of
Agrarian
Relations as now provided by law; and
(8) In all
other
cases in which the demand, exclusive of interest, damages of whatever
kind,
attorney's fees, litigation expenses, and costs or the value of the
property
in controversy exceeds One hundred thousand pesos (100,000.00) or, in
such
other above-mentioned items exceeds Two hundred thousand pesos
(200,000.00).
(As
amended by R.
A. No. 7691)
Sec. 20. Jurisdiction
in criminal cases. — Regional Trial Courts shall exercise exclusive
original jurisdiction in all criminal cases not within the exclusive
jurisdiction
of any court, tribunal or body, except those now falling under the
exclusive
and concurrent jurisdiction of the Sandiganbayan which shall hereafter
be exclusively taken cognizance of by the latter.
Sec. 21.
Original
jurisdiction in other cases. — Regional Trial Courts shall exercise
original jurisdiction:chanroblesvirtuallawlibrary
(1) In the
issuance of writs of certiorari, prohibition, mandamus, quo warranto,
habeas
corpus and injunction which may be enforced in any part of their
respective
regions; and
(2) In
actions
affecting ambassadors and other public ministers and consuls.
Sec. 22. Appellate
jurisdiction. — Regional Trial Courts shall exercise appellate
jurisdiction
over all cases decided by Metropolitan Trial Courts, Municipal Trial
Courts,
and Municipal Circuit Trial Courts in their respective territorial
jurisdictions.
Such cases shall be decided on the basis of the entire record of the
proceedings
had in the court of origin and such memoranda and/or briefs as may be
submitted
by the parties or required by the Regional Trial Courts. The decision
of
the Regional Trial Courts in such cases shall be appealable by petition
for review to the
Court of Appeals
which may give it due course only when the petition shows prima
facie
that the lower court has committed an error of fact or law that will
warrant
a reversal or modification of the decision or judgment sought to be
reviewed.
Sec. 23.
Special
jurisdiction to try special cases. — The Supreme Court may
designate
certain branches of the Regional Trial Courts to handle exclusively
criminal
cases, juvenile and domestic relations cases, agrarian cases, urban
land
reform cases which do not fall under the jurisdiction of quasi-judicial
bodies and agencies, and/or such other special cases as the Supreme
Court
may determine in the interest of a speedy and efficient administration
of justice.
Sec. 24.
Special
Rules of Procedure. — Whenever a Regional Trial Court takes
cognizance
of juvenile and domestic relation cases and/or agrarian cases, the
special
rules of procedure applicable under present laws to such cases shall
continue
to be applied, unless subsequently amended by law or by rules of court
promulgated by the Supreme Court.
CHAPTER III
METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS
Sec. 25.
Establishment
of Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit
Trial Courts. — There shall be created a Metropolitan Trial Court
in
each metropolitan area established by law, a Municipal Trial Court in
each
of the other cities or municipalities, and a Municipal Circuit Trial
Court
in each circuit comprising such cities and/or municipalities as are
grouped
together pursuant to law.
Sec. 26.
Qualifications.
— No person shall be appointed judge of a Metropolitan Trial Court,
Municipal
Trial Court, or Municipal Circuit Trial Court unless he is a
natural-born
citizen of the Philippines, at least 30 years of age, and, for at least
five years, has been engaged in the practice of law in the Philippines,
or has held a public office in the Philippines requiring admission to
the
practice of law as an indispensable requisite.
Sec. 27.
Metropolitan
Trial Courts of the National Capital Region. — There shall be a
Metropolitan
Trial Court in the National Capital Region, to be known as the
Metropolitan
Trial Court of Metro Manila, which shall be composed of eighty-two (82)
branches. There shall be:chanroblesvirtuallawlibrary
Thirty
branches
(Branches I to XXX) for the city of Manila with seats thereat;
Thirteen
branches
(Branches XXXI to XLIII) for Quezon City with seats thereat;
Five
branches
(Branches XLIV to XLVIII) for Pasay City with seats thereat;
Five
branches
(Branches XLIX to LIII) for Caloocan City with seats thereat;
One branch
(Branch
LIV) for Navotas with seat thereat;
Two branches
(Branches LV and LVI) for Malabon with seats thereat;
Two branches
(Branches LVII and LVIII) for San Juan with seats thereat;
Two branches
(Branches LIX and LX) for Mandaluyong with seats thereat;
Seven
branches
(Branches LXI and LXVII) for Makati with seats thereat;
Five
branches
(Branches LXVIII to LXXII) for Pasig with seats thereat;
One branch
(Branch
LXXIII) for Pateros with seat thereat;
One branch
(Branch
LXXIV) for Taguig with seat thereat;
Two branches
(Branches LXXV and LXXVI) for Marikina with seats thereat;
Two branches
(Branches LXXVII and LXXVIII) for Parañaque with seats thereat;
One branch
(Branch
LXXIX) for Las Piñas with seat thereat;
One branch
(Branch
LXXX) for Muntinlupa with seat thereat;
Two branches
(Branches LXXXI and LXXXII) for Valenzuela with seats thereat;
Sec. 28. Other
Metropolitan Trial Courts. — The Supreme Court shall constitute
Metropolitan
Trial Courts in such other metropolitan areas as may be established by
law whose territorial jurisdiction shall be co-extensive with the
cities
and municipalities comprising the metropolitan area.
Every Metropolitan
Trial Judge shall be appointed to a metropolitan area which shall be
his
permanent station and his appointment shall state branch of the court
and
the seat thereof to which he shall be originally assigned. A
Metropolitan
Trial Judge may be assigned by the Supreme Court to any branch within
said
metropolitan area as the interest of justice may require, and such
assignment
shall not be deemed an assignment to another station within the meaning
of this section.
Sec. 29.
Municipal
Trial Courts in cities. — In every city which does not form part of
a metropolitan area, there shall be a Municipal Trial Court with one
branch,
except as hereunder provided:chanroblesvirtuallawlibrary
Two
branches
for Laoag City;
Four
branches
for Baguio City;
Three
branches
for Dagupan City;
Five
branches
for Olongapo City;
Three
branches
for Cabanatuan City;
Two branches
for San Jose City;
Three
branches
for Angeles City;
Two branches
for Cavite City;
Two branches
for Batangas City;
Two branches
for Lucena City;
Three
branches
for Naga City;
Two branches
for Iriga City;
Three
branches
for Legaspi City;
Two branches
for Roxas City;
Four
branches
for Iloilo City;
Seven
branches
for Bacolod City;
Two branches
for Dumaguete City;
Two branches
for Tacloban City;
Eight
branches
for Cebu City;
Three
branches
for Mandaue City;
Two branches
for Tagbilaran City;
Two branches
for Surigao City;
Two branches
for Butuan City;
Five
branches
for Cagayan de Oro City;
Seven
branches
for Davao City;
Three
branches
for General Santos City;
Two branches
for Oroquieta City;
Three
branches
for Ozamis City;
Two branches
for Dipolog City;
Four
branches
for Zamboanga City;
Two branches
for Pagadian City; and
Two branches
for Iligan City.
Sec. 30. Municipal
Trial Courts. — In each of the municipalities that are not
comprised
within a metropolitan area and a municipal circuit there shall be a
Municipal
Trial Court which shall have one branch, except as hereunder provided:chanroblesvirtuallawlibrary
Two
branches
for San Fernando, La Union;
Four
branches
for Tuguegarao;
Three
branches
for Lallo, and two branches for Aparri, both of Cagayan;
Two branches
for Santiago, Isabela;
Two branches
each for Malolos, Meycauayan and Bulacan, all of Bulacan Province;
Four
branches
for San Fernando and two branches for Guagua, both of Pampanga;
Two branches
for Tarlac, Tarlac;
Two branches
for San Pedro, Laguna; and
Two branches
each for Antipolo and Binangonan, both in Rizal.
Sec. 31. Municipal
Circuit Trial Court. — There shall be a Municipal Circuit Trial
Court
in each area defined as a municipal circuit, comprising one or more
cities
and/or one or more municipalities. The municipalities comprising
municipal
circuits as organized under Administrative Order No. 33, issued on June
13, 1978 by the Supreme Court pursuant to Presidential Decree No. 537,
are hereby constituted as municipal circuits for purposes of the
establishment
of the Municipal Circuit Trial Courts, and the appointment thereto of
Municipal
Circuit Trial Judges: Provided, however, That the Supreme Court
may, as the interests of justice may require, further reorganize the
said
courts taking into account workload, geographical location, and such
other
factors as will contribute to a rational allocation thereof, pursuant
to
the provisions of Presidential Decree No. 537 which shall be applicable
insofar as they are not inconsistent with this Act.
Every Municipal
Circuit Trial Judge shall be appointed to a municipal circuit which
shall
be his official station.
The Supreme
Court shall determine the city or municipality where the Municipal
Circuit
Trial Court shall hold sessions.
Sec. 32.
Jurisdiction
of Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit
Trial Courts in criminal cases. — Except in cases falling within
the
exclusive original jurisdiction of Regional Trial Courts and of the
Sandiganbayan,
the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit
Trial Courts shall exercise:chanroblesvirtuallawlibrary
(1)
Exclusive
original jurisdiction over all violations of city or municipal
ordinances
committed within their respective territorial jurisdiction; and
(2)
Exclusive
original jurisdiction over all offenses punishable with imprisonment
not
exceeding six (6) years irrespective of the amount of fine, and
regardless
of other imposable accessory or other penalties, including the civil
liability
arising from such offenses or predicated thereon, irrespective of kind,
nature, value, or amount thereof: Provided, however, That in
offenses
involving damage to property through criminal negligence they shall
have
exclusive original jurisdiction thereof.
(As
amended by
R.
A, No. 7691)
Sec. 33. Jurisdiction
of Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit
Trial Courts in civil cases. — Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts shall exercise:chanroblesvirtuallawlibrary
(1)
Exclusive
original jurisdiction over civil actions and probate proceedings,
testate
and intestate, including the grant of provisional remedies in proper
cases,
where the value of the personal property, estate, or amount of the
demand
does not exceed One hundred thousand pesos (P100,000.00) or, in Metro
Manila
where such personal property, estate, or amount of the demand does not
exceed Two hundred thousand pesos (P200,000.00) exclusive of interest
damages
of whatever kind, attorney's fees, litigation expenses, and costs, the
amount of which must be specifically alleged: Provided, That where
there
are several claims or causes of action between the same or different
parties,
embodied in the same complaint, the amount of the demand shall be the
totality
of the claims in all the causes of action, irrespective of whether the
causes of action arose out of the same or different transactions;
(2)
Exclusive
original jurisdiction over cases of forcible entry and unlawful
detainer:
Provided, That when, in such cases, the defendant raises the
question
of ownership in his pleadings and the question of possession cannot be
resolved without deciding the issue of ownership, the issue of
ownership
shall be resolved only to determine the issue of possession.
(3)
Exclusive
original jurisdiction in all civil actions which involve title to, or
possession
of, real property, or any interest therein where the assessed value of
the property or interest therein does not exceed Twenty thousand pesos
(P20,000.00) or, in civil actions in Metro Manila, where such assessed
value does not exceed Fifty thousand pesos (P50,000.00) exclusive of
interest,
damages of whatever kind, attorney's fees, litigation expenses and
costs:
Provided,
That
value of such property shall be determined by the assessed value of the
adjacent lots.
(As amended by R.
A. No. 7691)
Sec. 34. Delegated
jurisdiction in cadastral and land registration cases. —
Metropolitan
Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts
may be assigned by the Supreme Court to hear and determine cadastral or
land registration cases covering lots where there is no controversy or
opposition, or contested lots the where the value of which does not
exceed
One hundred thousand pesos (P100,000.00), such value to be ascertained
by the affidavit of the claimant or by agreement of the respective
claimants
if there are more than one, or from the corresponding tax declaration
of
the real property. Their decisions in these cases shall be appealable
in
the same manner as decisions of the Regional Trial Courts. (As
amended by R.
A. No. 7691)
Sec. 35.
Special
jurisdiction in certain cases. — In the absence of all the Regional
Trial Judges in a province or city, any Metropolitan Trial Judge,
Municipal
Trial Judge, Municipal Circuit Trial Judge may hear and decide
petitions
for a writ of habeas corpus or applications for bail in
criminal
cases in the province or city where the absent Regional Trial Judges
sit.
Sec. 36.
Summary
procedures in special cases. — In Metropolitan Trial Courts and
Municipal
Trial Courts with at least two branches, the Supreme Court may
designate
one or more branches thereof to try exclusively forcible entry and
unlawful
detainer cases, those involving violations of traffic laws, rules and
regulations,
violations of the rental law, and such other cases requiring summary
disposition
as the Supreme Court may determine. The Supreme Court shall adopt
special
rules or procedures applicable to such cases in order to achieve an
expeditious
and inexpensive determination thereof without regard to technical
rules.
Such simplified procedures may provide that affidavits and
counter-affidavits
may be admitted in lieu of oral testimony and that the periods for
filing
pleadings shall be non-extendible.
Section 37.
Preliminary
investigation. — Judges of Metropolitan Trial Courts, except those
in the National Capital Region, of Municipal Trial Courts, and
Municipal
Circuit Trial Courts shall have authority to conduct preliminary
investigation
of crimes alleged to have been committed within their respective
territorial
jurisdictions which are cognizable by the Regional Trial Courts.
The preliminary
investigation shall be conducted in accordance with the procedure
prescribed
in Section 1, paragraphs (a), (b), (c), and (d), of Presidential Decree
No. 911: Provided, however, That if after the preliminary
investigation
the Judge finds a prima facie case, he shall forward the
records
of the case to the Provincial/City Fiscal for the filing of the
corresponding
information with the proper court.
No warrant of
arrest shall be issued by the Judge in connection with any criminal
complaint
filed with him for preliminary investigation, unless after an
examination
in writing and under oath or affirmation of the complainant and his
witnesses,
he finds that a probable cause exists.
Any warrant
of arrest issued in accordance herewith may be served anywhere in the
Philippines.
Sec. 38.
Judgments
and processes. —
(1) All
judgments
determining the merits of cases shall be in writing, stating clearly
the
facts and the law on which they were based, signed by the Judge and
filed
with the Clerk of Court. Such judgment shall be appealable to the
Regional
Trial Courts in accordance with the procedure now prescribed by law for
appeals to the Court of First Instance, by the provisions of this Act,
and by such rules as the Supreme Court may hereafter prescribe.
(2) All
processes
issued by the Metropolitan Trial Courts, Municipal Trial Courts and
Municipal
Circuit Trial Courts, in cases falling within their jurisdiction, may
be
served anywhere in the Philippines without the necessity of
certification
by the Judge of the Regional Trial Court.
CHAPTER
IV
GENERAL
PROVISIONS
Sec. 39.
Appeals.
— The period for appeal from final orders, resolutions, awards,
judgments,
or decisions of any court in all cases shall be fifteen (15) days
counted
from the notice of the final order, resolution, award, judgment, or
decision
appealed from: Provided however, That in habeas corpus
cases,
the period for appeal shall be forty-eight (48) hours from the notice
of
the judgment appealed from.
No record on
appeal shall be required to take an appeal. In lieu thereof, the entire
record shall be transmitted with all the pages prominently numbered
consecutively,
together with an index of the contents thereof.
This section
shall not apply in appeals in special proceedings and in other cases
wherein
multiple appeals are allowed under applicable provisions of the Rules
of Court.
Sec. 40.
Form
of decision in appealed cases. — Every decision of final resolution
of a court in appealed cases shall clearly and distinctly state the
findings
of fact and the conclusions of law on which it is based, which may be
contained
in the decision or final resolution itself, or adopted by reference
from
those set forth in the decision, order, or resolution appealed from.
Sec. 41.
Salaries.
— Intermediate Appellate Justices, Regional Trial Judges, Metropolitan
Trial Judges, Municipal Trial Judges, and Municipal Circuit Trial
Judges
shall receive such compensation and allowances as may be authorized by
the President along the guidelines set forth in Letter of
Implementation
No. 93 pursuant to Presidential Decree No. 985, as amended by
Presidential
Decree No. 1597.
Sec. 42.
Longevity
pay. — A monthly longevity pay equivalent to 5% of the monthly
basic
pay shall be paid to the Justices and Judges of the courts herein
created
for each five years of continuous, efficient, and meritorious service
rendered
in the judiciary: Provided, That in no case shall the total
salary
of each Justice or Judge concerned, after this longevity pay is added,
exceed the salary of the Justice or Judge next in rank.
Sec. 43.
Staffing
pattern. — The Supreme Court shall submit to the President, within
thirty (30) days from the date of the effectivity of this Act, a
staffing
pattern for all courts constituted pursuant to this Act which shall be
the basis of the implementing order to be issued by the President in
accordance
with the immediately succeeding section.
Sec. 44.
Transitory
provisions. — The provisions of this Act shall be immediately
carried
out in accordance with an Executive Order to be issued by the
President.
The Court of Appeals, the Courts of First Instance, the Circuit
Criminal
Courts, the Juvenile and Domestic Relations Courts, the Courts of
Agrarian
Relations, the City Courts, the Municipal Courts, and the Municipal
Circuit
Courts shall continue to function as presently constituted and
organized,
until the completion of the reorganization provided in this Act as
declared
by the President. Upon such declaration, the said courts shall be
deemed
automatically abolished and the incumbents thereof shall cease to hold
office. The cases pending in the old Courts shall be transferred to the
appropriate Courts constituted pursuant to this Act, together with the
pertinent functions, records, equipment, property and the necessary
personnel.
The applicable
appropriations shall likewise be transferred to the appropriate courts
constituted pursuant to this Act, to be augmented as may be necessary
from
the funds for organizational changes as provided in Batas Pambansa Blg.
80. Said funding shall thereafter be included in the annual General
Appropriations
Act.
Sec. 45.
Shari'a
Courts. — Shari'a Courts to be constituted as provided for in
Presidential
Decree No. 1083, otherwise known as the "Code of Muslim Personal
Laws
of the Philippines," shall be included in the funding
appropriations
so provided in this Act.
Sec. 46.
Gratuity
of judges and personnel separated from office. — All members of the
judiciary and subordinate employees who shall be separated from office
by reason of the reorganization authorized herein, shall be granted a
gratuity
at a rate equivalent to one month's salary for every year of continuous
service rendered in any branch of the government or equivalent nearest
fraction thereof favorable to them on the basis of the highest salary
received:
Provided,
That such member of the judiciary or employee shall have the option to
retire under the Judiciary Retirement Law or general retirement law, if
he has met or satisfied the requirements therefor.
Sec. 47.
Repealing
clause. — The provisions of Republic Act No. 296, otherwise known
as
the Judiciary Act of 1948, as amended, of Republic Act No. 5179 as
amended,
of the Rules of
Court,
and of all other statutes, letters of instructions and general order or
parts thereof, inconsistent with the provisions of this Act are hereby
repealed or accordingly modified.
Sec. 48.
Date
of Effectivity. — This Act shall take effect immediately.
Approved:
August
14, 1981
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