[ Act No. 3107, March 17, 1923 ]
AN ACT TO AMEND AND REPEAL CERTAIN PROVISIONS OF THE ADMINISTRATIVE CODE RELATIVE TO THE JUDICIARY IN ORDER TO REORGANIZE THE LATTER; INCREASING THE NUMBER OF JUDGES FOR CERTAIN JUDICIAL DISTRICTS; INCREASING THE SALARIES OF JUDGES OF COURTS OF FIRST INSTANCE; VESTING THE SECRETARY OF JUSTICE WITH AUTHORITY TO DETAIL A DISTRICT JUDGE TEMPORARILY TO A DISTRICT OR PROVINCE OTHER THAN HIS OWN; REGULATING THE SALARIES OF JUSTICES OF THE PEACE; ABOLISHING THE MUNICIPAL COURT AND JUSTICE OF THE PEACE COURT OF THE CITY OF MANILA AND CREATING IN LIEU THEREOF A MUNICIPAL COURT WITH THREE BRANCHES; REGULATING THE SALARIES OF CLERKS OF COURT AND OTHER SUBORDINATE EMPLOYEES OF COURTS OF FIRST INSTANCE, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in
Legislature assembled and by the authority of the same:
Section 1. Sections one hundred and fifty, one hundred and fifty-three, one hundred and fifty-four, one hundred and fifty-five, one hundred and fifty-six, one hundred and fifty-seven, one hundred and fifty-eight, one hundred and sixty-one, one hundred and sixty-two, one hundred and sixty-three, two hundred and three, two hundred and seven, two hundred and ten, two hundred and thirteen, two hundred and twenty, two hundred and twenty-one, twenty-four hundred and sixty-six, twenty-four hundred and seventy-one, twenty-four hundred and seventy-four, and twenty-four hundred and seventy-seven of Act Numbered Twenty-seven hundred and eleven, known as the Administrative Code, are hereby amended to read as follows:
"Section 150. 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 Bureau 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 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."
"Section 153. Judicial Districts.-Judicial Districts for Courts of First Instance in the Philippine Islands are constituted as follows:
"The First Judicial District shall consist of the Province of Cagayan and the Province of Batanes.
"The Second Judicial District, of the Province of Isabela and the Province of Nueva Vizcaya.
"The Third Judicial District, of the Province of Ilocos Sur, the Province of Abra, and the Province of Ilocos Norte. "The Fourth Judicial District, of the Province of La Union and the Mountain Province.
"The Fifth Judicial District, of the Province of Pangasinan.
"The Sixth Judicial District, of the Province of Tarlac and the Province of Nueva Ecija.
"The Seventh Judicial District, of the Province of Pampanga and the Province of Bulacan.
"The Eighth Judicial District, of the Province of Bataan and the Province of Zambales.
"The Ninth Judicial District, of the City of Manila. "The Tenth Judicial District, of the Province of Cavite and the Province of Palawan.
"The Eleventh Judicial District, of the Province of Rizal.
"The Twelfth Judicial District, of the Province of Laguna.
"The Thirteenth Judicial District, of the Province of Batangas and the Province of Mindoro.
"The Fourteenth Judicial District, of the Province of Tayabas and the Province of Marinduque.
"The Fifteenth Judicial District, of the Province of Camarines Sur, the Province of Camarines Norte, and the Province of Albay, including the subprovince of Catanduanes.
"The Sixteenth Judicial District, of. the Province of Sorsogon and the Province of Masbate.
"The Seventeenth Judicial District, of the Province of Capiz, the Province of Antique and the Province of Romblon.
"The Eighteenth Judicial District, of the Province of Samar.
"The Nineteenth Judicial District, of the Province of Leyte.
"The Twentieth Judicial District, of the Province of Cebu.
"The Twenty-first Judicial District, of the Province of Oriental Negros, including the subprovince of Siquijor, and the Province of Bohol.
"The Twenty-second Judicial District, of the Province of Occidental Negros.
"The Twenty-third Judicial District, of the Province of Iloilo.
"The Twenty-fourth Judicial District, of the Province of Surigao and the Province of Agusan.
"The Twenty-fifth Judicial District, of the Province of Misamis, the Province of Bukidnon, and the Province of Lanao.
"The Twenty-sixth Judicial District, of the Province of Zamboanga and the Province of Sulu.
"The Twenty-seventh Judicial District, of the Province of Davao and the Province of Cotabato."
"Section 154. Judges of First Instance for Judicial Districts.-One Judge of First Instance shall be commissioned for each judicial district, except the third, fifth, sixth, seventh, ninth, fifteenth, twentieth, and twenty-third.
"For the Third Judicial District there shall be two judges, one of whom shall preside over the Court of the First Instance of the Province of Ilocos Norte and the other over those of the Provinces of Ilocos Sur and Abra.
"For the Fifth Judicial District there shall be two judges who shall be known as judges of the first and second branch, respectively.
"For the Sixth Judicial District there shall be two judges, one of whom shall preside over the Court of First Instance of the Province of Nueva Ecija and the other over that of the Province of Tarlac.
"For the Seventh Judicial District there shall be two judges, one of whom shall preside over the Court of First Instance of the Province of Pampanga and the other over that of the Province of Bulacan.
"For the Ninth Judicial District there shall be six judges who shall be known as judge of the first, second, third, fourth, fifth, and sixth branch, respectively.
"For the Fifteenth Judicial District there shall be two judges, one of whom shall preside over the courts of First Instance of the Provinces of Camarines Norte and Camarines Sur and the other over those of the Province of Albay and the subprovince of Catanduanes.
"For the Twentieth Judicial District there shall be two judges who shall be known as judge of the first and second branch, respectively.
"For the Twenty-third Judicial District there shall be two judges who shall be known as judges of the first and second branch, respectively.
"For the purpose of carrying out the provisions of this section, a new judge shall be appointed for the Third Judicial District, to preside over the Courts of First Instance of Ilocos Sur and Abra; another judge shall be appointed for the Fifth Judicial District and shall be known as judge of the second branch of said Court; another judge shall be appointed for the Sixth Judicial District, to preside over the Court of First Instance of Nueva Ecija; another judge shall be appointed for the Seventh Judicial District, to preside over the Court of First Instance of the Province of Pampanga; two other judges shall be appointed for the Ninth Judicial District and shall be known as judges of the fifth and sixth branch, respectively; another judge shall be appointed for the Fifteenth Judicial District, to preside over the Court of First Instance of the Province of Albay and the subprovince of Catanduanes; another judge shall be appointed for the Twentieth Judicial District and shall be known as judge of the second branch of said court; and another judge shall be appointed for the Twenty-third Judicial District and shall be known as judge of the second branch of said Court. In provinces with more than one branch, the business of the Court shall be distributed equitably among the Judges of First Instance of such branches, as said judges may agree between themselves. In case of disagreement, the Secretary of Justice shall decide, and said Secretary shall be empowered to promulgate rules for the purpose of preventing conflicts between the several branches."
"Section 155. Detail of judge to another district or province.-If the public interest and the speedy administration of justice so require, a Judge of First Instance may be detailed by the Secretary of Justice to temporary duty, for a period which shall in no case exceed six months in a district or province other than his own for the purpose of trying all kinds of cases, excepting criminal and election cases."
"Section 156. Permanent stations of Judges of First Instance.-The permanent station of judges of the Ninth Judicial District shall be in the City of Manila. In districts comprising only one province, the permanent official station of the judge shall be at the capital of the province.
"In other judicial districts, the permanent stations of the judges shall be as follows:
"For the First District, in the municipality of Tuguegarao, Province of Cagayan.
"For the Second District, in the municipality of Ilagan, Province of Isabela.
"For the Third District, one judge shall be stationed in the municipality of Vigan, Province of llocos Sur, and the other in the municipality of Laoag, Province of llocos Norte.
"For the Fourth District, in the municipality of San Fernando, Province of La Union.
"For the Sixth District, one judge shall be stationed in the municipality of Cabanatuan, Province of Nueva Ecija, and the other in the municipality of Tarlac, Province of Tarlac.
"For the Seventh District, one judge shall be stationed in the municipality of San Fernando, Province of Pampanga, and the other in the municipality of Malolos, Province of Bulacan.
"For the Eighth District, in the municipality of Balanga, Province of Bataan.
"For the Tenth District, in the municipality of Cavite, Province of Cavite.
"For the Thirteenth District, in the municipality of Batangas, Province of Batangas.
"For the Fourteenth District, in the municipality of Lucena, Province of Tayabas.
"For the Fifteenth District, one judge shall be stationed in the municipality of Albay, Province of Albay, and the other in the municipality of Naga, Province of Camarines Sur.
"For the Sixteenth District, in the municipality of Sorsogon, Province of Sorsogon.
"For the Seventeenth District, in the municipality of Capiz, Province of Capiz.
"For the Twenty-first District, in the municipality of Dumaguete, Province of Oriental Negros.
"For the Twenty-fourth District, in the municipality of Surigao, Province of Surigao.
"For the Twenty-fifth District, in the municipality of Cagayan, Province of Misamis.
"For the Twenty-sixth District, in the municipality of Zamboanga, Province of Zamboanga.
"For the Twenty-Seventh District, in the municipality of Davao, Province of Davao."
"Section 157. Auxiliary Judges of First Instance.-There shall be fifteen Auxiliary Judges of First Instance who shall, at the direction of the Secretary of Justice, assist any District Judge, act as substitute for said Judge in cases of his absence, illness or incapacity, and temporarily supply any vacancy that may occur among them. When their services are not required elsewhere, Auxiliary Judges shall hold court at their respective official stations, as hereinafter provided, for the dispatch of any matters there requiring attention: Provided, however, That the Secretary of Justice may, in his discretion, issue orders to any auxiliary judge respecting the place where he shall serve."
"Section 158. Official stations of Auxiliary Judges.-One Auxiliary Judge shall be stationed at Vigan, Province of Ilocos Sur; one Auxiliary Judge shall be stationed at Lingayen, Province of Pangasinan, and another at Iloilo, Province of Iloilo; one at Cabanatuan, Province of Nueva Ecija; one at San Fernando, Province of Pampanga; one in the City of Manila; one at San Pablo, Province of Laguna; one at Lucena, Province of Tayabas; one at Albay, Province of Albay; one at Maasin, Province of Leyte; one at Cebu, Province of Cebu; one at Sorsogon, Province of Sorsogon; one at Tagbilaran, Province of Bohol; one at Bacolod, Province of Occidental Negros, arid one at Jolo, Province of Sulu.
"The Secretary of Justice shall designate the official stations of the present Auxiliary Judges in conformity with the provisions of this Act."
"Section 161. Places and times of holding court.-For the Ninth Judicial District, court should be held in the City of Manila; and in other districts which comprise not more than one province, as well as in those districts which comprise more than one province and for which, under the provisions of this Act, two judges are commissioned, court shall be held at the capital of the province in which said judges are permanently stationed, except as hereinafter provided. In said districts, sessions of court shall be convened on all work-days when there are cases ready for trial or other court business to be dispatched: Provided, That in the municipality of Tayug, Province of Pangasinan, special terms of court shall be held at least twice each year.
"In the following districts, court shall be held at the places and times hereinbelow specified:
"First District: At Aparri, Province of Cagayan, on the first Tuesday of Februai y and July of each year; at Santo Domingo cle Basco, Province of Batanes, on the first Tuesday of April of each year; at Tuguegarao, Province of Cagayan, on the first Tuesday of January and September of each year.
"Second District: At Ilagan, Province of Isabela, on the first Tuesday of March and August of each year; at Bayombong, Province of Nueva Vizcaya, on the first Tuesday of July and December of each year.
"Third District: At Laoag, Province of Ilocos Norte, on the first Tuesday of February, July, and November of each year; at Bangued, Province of Abra, on the first Tuesday of March of each year; at Vigan, Province of Ilocos Sur, on the first Tuesday of October and December of each year; at Candon, on the first Tuesday of July of each year; at Cervantes and Tagudin, Province of Ilocos Sur, on the third Tuesday of April and November and the fourth Tuesday of April and November of each year respectively.
"Fourth District: At San Fernando, Province of La Union, on the first Tuesday of February and September of each year; at Baguio, Mountain Province, on the first Tuesday of April and December of each year; at Kiangan, Mountain Province, on the first Tuesday of March and November of each year; at Bontoc, Mountain Province, on the second Tuesday of March and November of each year. Whenever the interest of the administration of justice so require, special terms of court may be held at Lubuacan, subprovince of Kalinga, and at Cabugao, subproyince of Apayao.
"Eighth District: At Iba, Province of Zambales, on the" first Tuesday of April and November of each year; at Balanga, Province of Bataan, on the first Tuesday of January, July, and October of each year.
"Tenth District: At Cavite, Province of Cavite, on the first Tuesday of January, July, and November of each year; at Coron, Province of Palawan, on the first Tuesday of April of each year; at Oton, Province of Palawan, on the first Saturday of April of each year; at Cuyo, Province of Palawan, on the second Tuesday of April of each year; at Araceli, Province of Palawan, on the second Saturday of April of each year; at Puerto Princesa, Province of Palawan, on the third Tuesday of April of each year; at Brooks Point, Province of Palawan, on the third Saturday of April of each year.
"Thirteenth District: At Batangas, Province of Batangas. on the first Tuesday of February and August of each year; at Calapan, Province of Mindoro, on the first Tuesday of March and September of each year; at the toionship of Lubang, Lubang Island, in the Province of Mindoro, on the third Tuesday of April of each year, or whenever the judge so appoints.
"Fourteenth District: At Lucena, Province of Tayabas, on the first Tuesday of January and July of each year; at Infanta, Province of Tayabas, for the municipalities of Infanta, Casiguran, Baler, and Polillo, on the first Tuesday of April of each year; at Boac, Province of Marinduque, on the first Tuesday of November of each year.
"Fifteenth District: At Naga, Province of Camarines Sur, on the first Tuesday of January, July, and November of each year; at Daet, Province of Camarines Norte, on the first Tuesday of March and August of each year; at Tigaon, Province of Camarines Sur, on the third Tuesday of September of each year; at Albay, Province of Albay, on the first Tuesday of January, July, and November of each year; at Virac, subprovince of Catanduanes, on the first Tuesday of April of each year.
"Sixteenth District: At Sorsogon, Province of Sorsogon, on the first Tuesday of January, July, and November of each year; at Masbate, Province of Masbate, on the second Tuesday of April and September of each year.
"Seventeenth District: At Capiz, Province of Capiz, on the first Tuesday of January and August of each year; at Makato or Calivo, same province, on the first Tuesday of July of each year; at San Jose, Province of Antique, on the first Tuesday of April and November of each year; at Romblon, Province of Romblon, on the first Tuesday of March and October of each year.
"Eighteenth District: At Catbalogan, Province of Samar, on the first Tuesday of January and September of each year; at Borongan, same province, on the first Tuesday of July of each year; at Catarman, same province, on the first Tuesday of April of each year.
"Nineteenth District: At Tacloban, Province of Leyte, on the first Tuesday of January, July, and November of each year; at Maasin, same province, on the first Tuesday of April and October of each year.
"Twentieth District: At Cebu, Province of Cebu, on the first Tuesday of January, July, and November of each year; at Barili, same province, on the first Tuesday of April and October of each year.
"Twenty-first District: At Dumaguete, Province of Oriental Negros, on the first Tuesday of January and November of each year; at Tagbilaran, Province of Bohol, on the first Tuesday of March, July, and October of each year; at Larena, subprovince of Siquijor, on the first Tuesday of April of each year.
"Twenty-fourth District: At Surigao, Province of Surigao, on the first Tuesday of January, April, and July 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 court.
"Twenty-fifth District: At Cagayan, Province of Misamis, on the first Tuesday of January and July of each year; at Malaybalay, Province of Bukidnon, on the first Tuesday of September of each year; at Iligan, Province of Lanao, on the first Tuesday of March of each year; but the March term may be held at Dansalan, in the discretion of the court. A special term of court shall also be held once a year in the municipality of Mambajao, Province of Misamis; also a special term of court once a year in the municipality of Talisayan, and a special term of court once a year on the west coast of the Province of Misamis, in the municipality of Misamis, or the municipality of Jimenez, or the municipality of Oroquieta, in the discretion of the court.
"Twenty-sixth District: At Dapitan, Province of Zamboanga, on the first Tuesday of January and July of each year; at Jolo, Province of Sulu, on the first Tuesday of April and November of each year; at Zamboanga, Province of Zamboanga, on the first Tuesday of February and August of each year.
"Twenty-seventh District: At Davao, Province of Davao, on the first Tuesday of January and July of each year; at Cotabato, Province of Cotabato, on the first Tuesday of March and September of each year; at Glan, Province of Cotabato, and at Baganga and Mati, Province of Davao, sessions of court shall be convened at least once a year on the dates to be fixed by the court.
"Notwithstanding the provisions of this section, whenever weather conditions, the condition of the roads or means of transportation, the number of cases or the interests of the administration of justice require it, a judge may, with the approval of the Secretary of Justice, 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 land registration cases, to any other place more convenient to the parties."
"Section 162. Duty of Judges to hold court at permanent station.-Any judge shall hold court at the place of his permanent station, not only during the period herein above appointed, but also at any other time when there are cases ready for trial or other court business to be there dispatched, if he is not engaged elsewhere."
"Section 163. Special terms of court.-When so directed by the Department Head, Judges of First Instance shall hold special terms of court at any time or in any municipality in their respective districts for the transaction of any judicial business."
"Section 203. Appointment and distribution of justices of the peace.-One justice of the peace and one auxiliary justice of the peace shall be appointed by the Governor-General, with the advice and consent of the Philippine Senate for the city of Baguio, and for each municipality, township, and municipal district in the Philippine Islands, and if the public interest shall so require, for any other minor political division or unorganized territory in said Islands: Provided, That justices and auxiliary justices of the peace shall be appointed to serve until they have reached the age of sixty-five years.
"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, townships, municipal districts, or other minor political divisions or places not included in the jurisdiction of a justice of the peace already appointed; and upon like recommendation of the Department Head, the Governor-General may combine the offices of justice of the peace for two or more such jurisdictions already established, and may appoint to the combined jurisdiction one justice of the peace and one auxiliary justice, at a salary not to exceed the total of the salaries of the combined positions."
"Section 207. Qualifications for office of justice of peace.- No person shall be eligible to appointment as justice of the peace or auxiliary justice unless he shall be (1) at least twenty-three years of age; (2) a citizen of the Philippine Islands or of the United States; (3) of good moral character; and (4) admitted by the Supreme Court to practice law, or be a person who has at least finished the courses of legal study in a recognized school, or shall have passed the civil service examination for clerk of court, or an examination to be held in each province before a board composed of the judge of the Court of First Instance, the provincial fiscal, and a practicing lawyer appointed by the judge, under rules and regulations to be prescribed by the Attorney-General with the approval of the Secretary of Justice.
"The duration of eligibility derived from examination before a board, as aforesaid, shall be for a period of four years only, from the date of examination, or if meanwhile the examinee has held the office of justice of the peace, auxiliary justice of the peace, notary public, or procurador judicial, for four years from the date on which he ceased to hold such office.
"The examination requirement shall not be enforced in case the appointee is an officer of the United States Army or of the Philippine Government, or when there is no person having the necessary qualifications who is willing to accept the office. In this last-mentioned case the appointment shall continue only until such time as a qualified person can be found who is willing to accept the office.
"No person shall be appointed judge of the municipal court of the City of Manila unless he shall have practised law in the Philippine Islands for a period of four years or shall during a like period have held in the Philippine Islands any office for which a lawyer's diploma is an indispensable requisite.
"In the future no person shall be appointed justice of the peace for any provincial capital who has not practised law in the Philippine Islands for at least one year or has not held for a like period some office in the Philippine Islands for which a lawyer's diploma is an indispensable requisite, and no person shall hereafter be appointed justice of the peace of any first-class municipality unless he has been admitted to the bar by the Supreme Court of the Philippine Islands."
"Section 210. Filling of vacancy in office of justice of peace.-When a vacancy occurs in the office of any justice of the peace, except in provincial capitals and first-class municipalities, the judge of the Court of First Instance of the district shall forward to the Governor-General a list of names of persons qualified to fill said vacancy, accompanied by all the applications presented by persons desirous of appointment. The Governor-General, with the advice and consent of the Philippine Senate, 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 an applicant for the place, without preferences of any kind, when he deems such course to be in the public interest."
"Section 213. Clerks of certain courts.-The municipal court of the City of Manila and the courts of the provincial capitals and first-class municipalities shall be allowed such clerks of court and other employees as may be necessary, at the expense of said city and municipalities. The justice of the peace courts of Iloilo, Cebu. and Lingayen shall each be allowed two clerks, at the expense of municipalities of Iloilo, Cebu, and Lingayen.
"The justices of the peace of the provincial capitals of Palawan and Batanes shall serve as clerks of the Court of First Instance in their provinces, without additional compensation."
"Section 220. Salaries of justices of peace.-Except as provided in the next succeeding section, justices of the peace shall receive the following salaries per annum:
(a) In municipalities of the first class, twelve hundred pesos;
(b) In municipalities of the second class, nine hundred and sixty pesos;
(c) In municipalities of the third class, eight hundred and forty pesos;
(2) In municipalities, of the fourth class and other places not specially provided for by law, seven hundred and twenty pesos."
"Section 221. Salaries of the judges of the Municipal Court of Manila and of the justices of the peace in provincial capitals.-The salary of each of the Judges of the Municipal Court of Manila shall be five thousand pesos per annum.
"The annual salaries of the justices of the peace of the capitals of the following provinces shall be as follows:
"Of the justices of the peace of the capitals of the provinces of Iloilo, Cebu, and Pangasinan, three thousand pesos; of the justices of the peace of the capitals of the Provinces of Albay, Batangas, Bulacan, Camarines Sur, Ilocos Norte, Ilocos Sur, Laguna, Leyte, Occidental Negros, Pampanga, Rizal, Tayabas, and Zamboanga, twenty-four hundred pesos; of the justices of the peace of the capitals of the Provinces of Cagayan, Capiz, Cavite, Nueva Ecija, Samar, and Sorsogon, eighteen hundred pesos; of the justices of the peace of the capitals of the other provinces organized under the Provincial Law, and the capitals of the Provinces of Agusan, Bukidnon, Cotabato, Davao, Sulu, Lanao, Palawan, and Batanes, fifteen hundred pesos."
"Section 2466. Regular and acting judges of municipal court.-There shall be a municipal court for the City of Manila, for which three judges shall be appointed, to be known, respectively, as judge of the first, second and third branch.
"The Municipal Court shall have the same jurisdiction in civil and criminal cases and the same incidental powers as at present conferred by law upon the Municipal Court and justice of the peace court of the City of Manila, and such additional jurisdiction and powers as may hereafter be conferred upon them by law. The cases pertaining to the municipal court shall be distributed in accordance with rules to be prescribed by the Secretary of Justice.
"In case of absence, sickness or incapacity of any of the judges of the Municipal Court and in case of any vacancy in said offices, the Secretary of Justice may designate any assistant attorney of the Attorney General's office or Provincial Fiscal to act as judge of the Municipal Court of the City of Manila, with all the powers of a regular judge of said Court; but such acting judge shall not receive any additional compensation during the time he is acting as judge."
"Section 2471. Costs, fees, fines, and forfeitures in municipal court.--There shall be taxed against and collected from the defendant, in case of his conviction in the municipal court, such costs and fees as may be prescribed by the Board not exceeding those charged in criminal cases in justices' courts. All costs, fees, fines, and forfeitures shall be collected by the clerk of the court, who shall keep a docket of those imposed and of those collected, and shall pay collections of the same to the city treasurer for the benefit of the city, on the next business day after the same are collected, and take receipts therefor. The judge of the first branch shall examine said docket each day, compare the same with the amount receipted for by the city treasurer, and satisfy himself that all such costs, fees, fines, and forfeitures have been duly accounted for."
"Section 2474. Persons arrested to be promptly brought before a court.-Preliminary examinations in municipal court and Court of First Instance.ℒαwρhi৷-Every person arrested shall, without unnecessary delay, be brought before the municipal court, or the Court of First Instance for preliminary hearing, release on bail, or trial. In cases triable in the municipal court the defendant shall not be entitled as of right to a preliminary examination, except a summary one to enable the court to fix the bail, in any case where the prosecution announces itself ready and is ready for trial within three days, not including Sundays, after the request for an examination is presented. In cases triable only in the Court of First Instance the defendant shall not be entitled as of right to a preliminary examination in any case where the fiscal of the city, after a due investigation of the facts, shall have presented an information against him in proper form. But the Court of First Instance may make such summary investigation into the case as it may deem necessary to enable it to fix the bail or to determine whether the offense is bailable."
"Section 2477. Assessors in the courts in the city.-The aid of assessors in the trial of any civil or criminal action in the municipal court, or the Court of First Instance, within the city, may be invoked in the manner provided in the Code of Civil Procedure. It shall be the duty of the Municipal Board to prepare one list of the names of twenty-five residents of the city best fitted by education, natural ability, and reputation for probity to sit as assessors in the trial of actions in the municipal court and a like list of persons to sit as assessors in the trial of actions in the Court of First Instance. The Board may at any time strike any name from the list so prepared, by reason of the death, permanent disability, or unfitness of the person named; and in case names are so stricken out, other names shall be added in their place, to be selected as in this section provided. Parties desiring to avail themselves of the use of assessors in the municipal court shall proceed as provided in sections fifty-eight to sixty-two, inclusive, of the Code of Civil Procedure, and the method of summoning assessors and the compensation and oath and duties of assessors shall be as provided in those sections. Parties desiring to avail themselves of the use of assessors in the Court of First Instance shall proceed as provided in sections one hundred and fifty-four to one hundred and sixty-one, inclusive, of the Code of Civil Procedure; and the method of summonning assessors, enforcing their attendance, excusing them from attendance, their compensation, oath, and effect of dissent from the opinion of the judge shall be as provided in the last-named sections."
Section 2. Section three of Act Numbered Twenty-nine hundred and forty-one is hereby amended to read as follows:
"Section 3. Salaries of the Judges of First Instance.-The Judges of First Instance of the fifth, ninth, twentieth, and twenty-third judicial districts shall receive an annual salary of ten thousand pesos each; those of the third, sixth, seventh, eleventh, twelfth, thirteenth, fourteenth, fifteenth, nineteenth, twenty-second, and twenty-sixth, of nine thou- sand pesos each, and those of the other judicial districts and the Auxiliary Judges of First Instance, of eight thousand pesos each. The Clerk of the Supreme Court, six thousand pesos."
Section 3. Salaries of the clerks and deputy clerks of the Courts of First Instance.-The clerks of the Courts of First Instance shall receive annual salaries in accordance with the following schedule:
For the clerk of the Court of the Ninth Judicial District (Manila), five thousand pesos; for the clerk of the Court of First Instance of Cebu, thirty-five hundred pesos; for the clerks of courts in other first-class provinces, thirty- two hundred pesos; Provided, however, That the salary paid to the clerk of the Court of First Instance at Tacloban, Province of Leyte, shall be twenty-four hundred pesos, and the salary of the clerk of the court at Maasin, in the same province, shall be fifteen hundred pesos; for the clerks of courts in second-class provinces, twenty-four hundred pesos; for the clerks of courts in third-class provinces, two thousand pesos; for the clerks of courts in fourth-class provinces, eighteen hundred pesos; for the clerks of courts in fifth-class provinces and in the Provinces of Bontoc, Davao, Marinduque, Nueva Vizcaya, Romblon, Masbate, and Sulu, twelve hundred pesos; for the clerks of the courts in the Provinces of Abra, Bukidnon, Cotabato, and Lanao, nine hundred pesos.
The assistant and deputy clerks of Courts of First Instance shall receive annual salaries in accordance with the following schedule:
In the City of Manila (Ninth Judicial District), for the assistant clerk of court and ex-officio chief of the probate division, thirty-six hundred pesos, and for the seven deputy clerks, fifteen hundred pesos each; for the deputy clerks of courts in first-class provinces, fifteen hundred pesos; for the deputy clerks of courts in second-class provinces, twelve hundred pesos; for the deputy clerks of courts in third- class provinces, nine hundred pesos; for the deputy clerks of courts in fourth-class provinces, seven hundred. and twenty pesos; for the deputy clerks of courts in fifth-class provinces and in the Provinces of Bontoc, Davao, Marinduque, Nueva Vizcaya, Masbate, Romblon, and Sulu, six hundred pesos; for the deputy clerks of the courts in the Provinces of Abra, Bukidnon, Cotabato, and Lanao, four hundred and eighty pesos.
Section 4. Salaries of the court stenographers.-The stenographers of the Courts of First Instance shall receive annual salaries in accordance with the following schedule: For the Ninth Judicial District (Manila), six stenographers at thirty-two hundred pesos per annum each, and six junior stenographers at twenty-four hundred pesos per annum each; for the Court of First Instance of Pangasinan. two junior stenographers at twenty-four hundred pesos per annum each; for the Court of First Instance of Albay, one junior stenographer at twenty-four hundred pesos per annum; for the Court of First Instance of Leyte, one junior stenographer at two thousand pesos per annum; for the Court of First Instance of Cebu, one stenographer at thirty-two hundred pesos per annum and one junior stenographer at twenty-four hundred pesos per annum; for the Court of First Instance of Occidental Negros, one stenographer at thirty-two hundred pesos per annum ; for the Court of First Instance of Iloilo, one stenographer at twenty-eight hundred pesos per annum, and one junior stenographer at two thousand pesos per annum; for the Court of First Instance of Zamboanga, one stenographer at two thousand pesos per annum; for the other Courts of First Instance and for the Auxiliary Judges of First Instance, thirty-one junior stenographers at eighteen hundred pesos per annum each; two stenographers at large at three thousand pesos per annum each; two junior stenographers at large at twenty-four hundred pesos per annum each; and nine junior stenographers at large at eighteen hundred pesos per annum each.
Section 5. Salaries of the interpreters of the Courts of First Instance.-The interpreters of the Courts of First Instance shall receive annual salaries in accordance with the following schedule:
For the Ninth Judicial District (Manila), three interpreters at twenty-four hundred pesos per annum each and three interpreters at two thousand pesos per annum each; for the Court of First Instance of Batangas, one interpreter at eighteen hundred pesos per annum; for the Court of First Instance of Iloilo, one interpreter at eighteen hundred pesos per annum; for the Court of First Instance of Pangasinan, one interpreter at eighteen hundred pesos per annum and one junior interpreter at fifteen hundred pesos per annum; for the Court of First Instance of Leyte, one interpreter at eighteen hundred pesos per annum; for the Courts of First Instance of the other provinces and for the Auxiliary Judges of First Instance, seven junior interpreters at fifteen hundred pesos per annum each, five junior interpreters at twelve hundred pesos per annum each, ten junior interpreters at nine hundred and sixty pesos per annum each, and twenty junior interpreters at seven hundred and twenty pesos per annum each.
Section 6. All sums available under Act Numbered Three thousand and sixty, entitled "An Act appropriating funds for the necessary expenses of the Government of the Philippine Islands during the fiscal year ending December thirty-first, nineteen hundred and twenty-three, and for other purposes," for the payment of the salaries of the officers and employees of the Courts of First Instance and inferior courts are hereby made available for the payment of the salaries of the positions authorized in this Act; and there are hereby appropriated, out of any funds in the Insular Treasury not otherwise appropriated, such additional sums as it may be necessary to add to the sums appropriated by said Act Numbered Three thousand and sixty, for the purpose of carrying out the provisions of this Act during the fiscal year nineteen hundred and twenty-three.
Section 7. Sections one hundred and fifty-nine, one hundred and sixty, and twenty-four hundred and seventy-six of Act Numbered Twenty-seven hundred and eleven, and section two of Act Numbered Twenty-nine hundred and forty-one, and all acts and parts of acts inconsistent with the provisions of this Act, are hereby repealed or amended.
Section 8. This Act shall take effect on its approval.
Approved, March 17, 1923.
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