[ Act No. 3816, December 08, 1930 ]
AN ACT TO AMEND SECTIONS ONE HUNDRED AND THIRTY-THREE AND ONE HUNDRED AND THIRTY-EIGHT OF ACT NUMBERED TWENTY-SEVEN HUNDRED AND ELEVEN, KNOWN AS THE ADMINISTRATIVE CODE BY PROVIDING ADDITIONAL PERSONNEL FOR THE SUPREME COURT, 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. Section one hundred and thirty-three of Act Numbered Twenty-seven hundred and eleven, known as the Administrative Code, is hereby amended to read as follows:
"Section 133. Judges of Supreme Court.-The Supreme Court of the Philippine Islands shall consist of fifteen judges, namely, the Chief Justice and fourteen Associate Justices, any nine of whom shall constitute a quorum."
Section 2. Section one hundred and thirty-eight of the same Act is hereby amended to read as follows:
"Section 138. Sessions of court in banc and in divisions.- The Supreme Court shall, as a body, sit in banc, but it may sit in divisions to transact business for which at least five judges shall constitute a quorum, and two or three divisions may sit at the same time. If the Chief Justice is present, whether in banc or in division, he shall preside. In his absence, that one of the judges attending in banc or in the division shall preside who holds the senior commission.
"The court shall from time to time make proper orders or rules to govern the allotment of cases among the several divisions, the filling of vacancies occurring in divisions, the sittings of the divisions, the regular rotation of judges among the divisions and other matters relating to the business of the court.
"Seven of the judges of the Supreme Court, lawfully convened, shall be necessary to form a quorum for the transaction of any business involving the admiralty jurisdiction of the court, or for the final disposition of a civil case in which the amount in controversy exceeds ten thousand pesos or a criminal case in which the judgment of the lower court imposed imprisonment for more than ten years, or a fine of more than ten thousand pesos, and the concurrence of five judges shall be necessary for the pronouncement of a judgment. In all other cases, except as hereinafter provided, the concurrence of three judges shall be necessary for the pronouncement of a judgment.
"In the absence of a quorum the court shall stand ipso facto adjourned until such time as the requisite number shall be present, and a memorandum showing this fact shall be inserted by the clerk in the minutes of the court.1aшphi1
"Whenever the judgment of the lower court imposed death; or whenever the validity of an Act of the Philippine Legislature or the interpretation of an Act of Congress, or treaty of the United States is involved; or whenever the court in banc or a division in which a cause is pending shall so order; or whenever the Chief Justice in the exercise. of a sound discretion so orders, the case shall be considered! and decided by the court sitting in banc, the concurrence; of eight judges being necessary for the pronouncement of a judgment; but when the death penalty is imposed, the concurrence of all the judges present shall be necessary for the pronouncement of a judgment.
"The decision of a division shall become the decision of the court, unless a rehearing is granted under such rules as the court may prescribe."
Section 3. There is hereby appropriated out of any funds in the Insular Treasury, not otherwise appropriated, the; sum of twenty-six thousand and two hundred pesos for the salaries of the following additional personnel for the Supreme Court:
| Six stenographers |
P16,200.00 |
| One deputy clerk |
5,000.00 |
| One clerk who shall not be necessarily subject to the provisions of the Civil Service Act and Rules |
3,200.00 |
| Six messengers |
1,800.00 |
| Total |
P26,200.00 |
Section 4. This Act shall take effect upon its approval.
Approved, December 8, 1930.
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