[ Commonwealth Act No. 145, November 07, 1936 ]
AN ACT TO AMEND CERTAIN SECTIONS OF ARTICLES THREE, FOUR, FIRE, AND SIX OF CHAPTER NINE OF THE REVISED ADMINISTRATIVE CODE, AS AMENDED, SO AS TO REORGANIZE THE COURTS OF FIRST INSTANCE.
Be it enacted, by the National Assembly of the Philippines:
Section 1. Article III, Chapter nine of the Revised Administrative Code, is hereby amended to read as follows:
"ARTICLE III.-Courts of First Instance in General
"Section 146. Courts of First Instance.-Courts of general original jurisdiction, known as Courts of First Instance, are organized and established throughout the Philippines in conformity with the provisions of this chapter.
"Section 147. Judges of First Instance.-The judicial function in Courts of First Instance shall be vested in judges of first instance and judges-at-large of first instance, to be appointed and commissioned as hereinafter provided.
Section 148. Limitation upon tenure of office.-Judges of first instance and judges-at-large shall be appointed to serve during good behavior, until they reach the age of seventy years, or become incapacitated to discharge the duties of their office, unless sooner removed in accordance with law.
"Section 149. Qualifications.-No person shall be appointed judge of first instance or judge-at-large unless he has been five years a citizen of the Philippines and has practiced law in the Philippines for a period of not less than five years or has held during a like period, within the Philippines, an office requiring admission to the practice of law in the Philippines as an indispensable requisite.
"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 Department of Justice; but in the performance of their duties they shall be subject to the supervision of the judges of the courts to which they respectively pertain.
"The clerk of a Court of First Instance may, by special written deputation 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 151. Permanent station of clerk of court.-The permanent station of a clerk of court shall be at the provincial capital or at the permanent residence of the judge presiding the court.
"Section 152. Provincial officer as ex-officio clerk of court.-When the Secretary of Justice shall deem such action advisable, he may direct that the duties of the clerk of court shall be performed by a provincial officer or employee as ex-officio clerk of court, in which case the salary of said employee or officer as clerk of court, ex-officio, shall be fixed by the provincial board and shall be equitably distributed by said board with the approval of the Secretary of Justice between the National Government and the provincial government."
Section 2. Article IV, Chapter nine, of the Revised Administrative Code, as amended, is hereby further amended to read as follows:
"ARTICLE IV.-Judicial Districts for Courts of First Instance and Judges thereof
"Section 153. Judicial districts.-Judicial districts for Courts of First Instance in the Philippines are constituted as follows:
"The First Judicial District shall consist of the Provinces of Cagayan, Batanea, Isabela, Nueva Vizcaya, Ilocos Norte, Ilocos Sur, Abra, and the Subprovince of Apayao, Mountain Province;
"The Second Judicial District, of the Provinces of La Union, Mountain Province, except the Subprovince of Apayao, Pangasinan, Zambales, and Bataan;
"The Third Judicial District, of the Provinces of Nueva Ecija, Tarlac, Bulacan, and Pampanga;
"The Fourth Judicial District, of the City of Manila, and the Provinces of Rizal and Palawan;
"The Fifth Judicial District, of the Provinces of Cavite, Laguna, Batangas, Mindoro, Tayabas, and Marinduque;
"The Sixth Judicial District, of the Provinces of Camarines Norte, Camarines Sur, Albay, Sorsogon, Masbate, and the Subprovince of Catanduanes;
"The Seventh Judicial District, of the Provinces of Capiz, Romblon, Iloilo, Antique, Occidental Negros, Oriental Negros, and the Subprovince of Siqujjor;
"The Eighth Judicial District, of the Provinces of Samar, Leyte, Cebu, and Bohol.
"The Ninth Judicial District, of the Provinces of Occidental Misamis, Oriental Misamis, Agusan, Surigao, Lanao, Bukidnon, Zamboanga, Sulu, Davao, and Cotabato.
"Section 154. Judges of First Instance for Judicial Districts.-Four Judges shall be commissioned for the First District. Judicial District, One Judge with permanent residence in the Province of Cagayan shall preside over the Courts of First Instance of Cagayan, Batanes and the Subprovince of Apayao, Mountain Province; one Judge with permanent residence in the Province of Isabela, shall preside over the Courts of First Instance of Isabela and Nueva Viscaya; one Judge shall preside over the Court of First Instance of, and reside in the Province of Ilocos Nortc; and another with permanent residence in the Province of Ilocos Sur, shall preside over the Courts of First Instance of Ilocos Sur and Abra.
"Four Judges shall be commissioned for the Second Judicial District. Two Judges shall preside over the Court of First Instance of, and reside in, the Province of Pangasinan; one Judge with permanent residence in Baguio, Mountain Province, shall preside over the Courts of First Instance of the Provinces of La Union and Mountain Province, except Apayao. and another Judge, with permanent residence in tlie Province of Bataan, shall "preside over the Courts of First Instance of Bataan and Zambales.
"Five judges shall be commissioned for the Third Judicial District. Two Judges shall preside over the Court of First Instance of, and reside in. the Province of Nueva Ecija, and the others shall preside over the Courts of First Instance of, and reside in, the Provinces of Tarlac, Pampanga and Bulacan, respectively.
"Nine Judges shall be commissioned for the Fourth Judicial District. Seven Judges, with residence in the City of Manila, and who shall be known as Judges of the First, Second, Third, Fourth, Fifth, Sixth and Seventh Branches, respectively, shall preside over the Courts of First Instance of Manila and Palawan, and two Judges shall preside over the Court of First Instance of, and reside in, the Province of Rizal.
"Five Judges shall be commissioned for the Fifth Judicial District. Two Judges, with permanent residence in Tayabas, shall preside over the Courts of First Instance of the Provinces of Tayabas and Marinduque; one Judge shall preside over the Court of First Instance of, and reside in, the Province of Cavite; one Judge shall preside over the Court of First Instance of, and reside in, the Province of Laguna, and another Judge, with residence in the Province of Batangas, shall preside over the Courts of First Instance of Batanpras and Mindoro.
"Four Judges shall be commissioned for the Sixth Judicial District. One shall preside over the Court of First Instance of, and reside in, the Province of Camarines Sur; one Judge shall preside over the Court of First Instance of, and reside in, the Province of Camarines Norte; one Judge with residence in the Province of Albay, shall preside over the Courts of First Instance of Albay and Catanduanes, and another, with residence in the Province of Sorsogon, shall preside over the Courts of First Instance of Sorsogon and Masbate.
"Six Judges shall be commissioned for the Seventh Judicial District. Two Judges, with residence in Iloilo, shall preside over the Courts of First Instance of Iloilo and Antique; two Judges shall preside over the Court of First Instance of, and reside in, the Province of Occidental Negros; one Judge, with residence in the Province of Capiz, shall preside over the Courts of First Instance of Capiz and Romblon, and another Judge, with residence in the Province of Oriental Negros, shall preside over the Courts of First Instance of Oriental Negros and Siquijor.
"Seven Judges shall be commissioned for the Eighth Judicial District.ℒαwρhi৷ Three Judges shall preside over the Court of First Instance of, and reside in the Province of Cebu, two judges shall preside over the Court of First Instance of, and reside in the Province of Leyte and the others shall preside over the Courts of First Instance of, and reside in, the Province of Samar and Bohol, respectively.
"Four Judges shall be commissioned for the Ninth Judicial District. One Judge, with residence in the Province of Zamboanga shall preside over the Courts of First Instance of the Provinces of Zamboanga and Sulu; one Judge, with residence in the Province of Davao shall preside over the Courts of First Instance of the Provinces of Davao and Cotabato; one Judge, with residence in the Province of Oriental Misamis, shall preside over the Courts of First Instance of Oriental Misamis. Occidental Misamis, Lanao and Bukirinon, and another Judge, with residence in the Province of Surigrao, shall preside over the Courts of First Instance of Surigao and Agusan.
"Section 155. Detail of judge to another district or province.-Whenever a judge stationed in any province or branch of a court of a province should certify to the Secretary of Justice that the condition oŁ the docket in his court is such as to require the assistance of an additional judge, or when there is any vacancy in any court or branch of a court in a province, and there is no judge-at-large available to be assigned to said court, the Secretary of Justice may, in the interest of justice, and for a period of not more than three months, assign any judge of any other court or province within the same judicial district, whose docket permits his temporary absence from said court, to hold sessions in the court needing such assistance, or where such vacancy exists. No district judge shall be assigned to hold sessions in a judicial district other than that to which he is appointed without the approval of the Supreme Court being first had and obtained.
"Section 156. Permanent residence of Judges.-The residence of a Judge of First Instance as required by section one hundred and fifty-four as herein amended shall in no case be at a place more than thirty kilometers from the seat of his court."
Section 3. Article V, Chapter nine of the Revised Administrative Code, is hereby amended to read as follows:
"ARTICLE V.-Judges-at-large of First Instance
"Section 157. Judges-at-large.-In addition to the judges mentioned in section one hundred and fifty-four hereof, as amended, there shall also be appointed five judges who shall not be assigned permanently to any judicial district and who shall render duty in such districts or provinces as may, from time to time, be designated by the Department Head."
Section 4. Section one hundred and sixty-one, Article VI, Chapter nine of the Revised Administrative Code, as amended, is hereby further amended to read as follows:
"Section 161. Places and times of holding courts.-For the Fourth Judicial District, court shall be held in the City of Manila, in Pasis, Rizal, and in Palawan as hereinafter provided. In other districts, court shall be held at the capital of the province in which the judges are permanently residing, respectively, except as hereinafter provided. Sessions of court shall be convened on all workdays when there are cases ready for trial or other court business to be dispatched.
"In the following districts, court shall also be held at the places and times hereinbelow specified:
"In the First District: At Aparri, Province of Cagayan, on the first Tuesday of January of each year; at Santo Domingo de Basco, Province of Batanes, on the first Tuesday of March of each year. A special term of court shall also be held once a year in the municipalities of Abulug and Tuao, both of the Province of Cagayan, and in the municipalities of Echagiie and Cabagan, both of the Province of Isabela, in the discretion of the district judge: Provided, however, That cases coming from the Subprovince of Apayao may be tried in the municipality of Tuao, Province of Cagayan, in the discretion of the district judge; at Bayombong, Province of Nueva Vizcaya, on the second Tuesday of January and June of each year; at Bangued, Province of Abra, on the first Tuesday of March and October of each year.
"In the Second District: At Baguio, Mountain Province, on the first Tuesday of June 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; and whenever the interests of justice so require, a special term of court shall be held at Lubuagan, Subprovince of Kalinga; at San Fernando, La Union, on the first Tuesday of January and September of each year; at Tayug, Province of Pangasinan, on the first Tuesday of February of each year; at Iba, Province of Zambales, on the first Tuesday of February and October of each year; and at Balanga, Province of Bataan, on the first Tuesday of January and June of each year.
"In the Fourth District: At Coron, Province of Palawan, on the first Monday of March and August of each year; at Cuyo, same province, on the second Thursday of March and August of each year; and at Puerto Princesa, same province, on the fourth Wednesday of March and August of each year.
"In the Fifth District: At Calapan, Province of Mindoro, on the second Tuesday of February and the second Tuesday of September of each year; at San Jose, same province, on the second Tuesday of March of each year; at Lubang, Lubang Island, Province of Mindoro, on the fourth Tuesday of March of each year; at Infanta, Province of Tayabas, for the municipalities of Infanta, Casiguran, Baler and Polillo, on the first Tuesday of June of each year; at Boac, Province of Marinducme, on the first Tuesday of March of each year.
"In the Sixth District: At Virac, Subprovince of Catanduanes, on the first Tuesday of March and September of each year; and at Masbate, Province of Masbate, on the second Tuesday of March and September of each year.
"In the Seventh District: At Romnlon, Province of Romblon, on the first Tuesday of March and November of each year; at San Jose, Province of Antique, on the first Tuesday of June and November of each year; at Culasi, Province of Antique, on the first Tuesday of December of each year; and at Larena, Subprovince of Siquijor, on the first Tuesday of August of each year.
"In the Eighth District: At Borongan, Province of Samar, on the second Tuesday of July of each year; at Catarinan, same province, on the first Tuesday of March of each year; at Guiuan, same province, on the second Tuesday of February of each year; at Calbayog, same province, on the Second Tuesday of September of each year; at Laoang, of the same province, in the first Tuesday of October of each year; at Maasin, Province of Leyte, on the first Tuesday of March and September of each year; at Ormoe, same province, on the first Tuesday of December of each year.
"In the Ninth District: At Oroquieta, Province of Occidental Misamis, on the first Tuesday of December and June of each year; at Cantilan, Province of Surigao, on the second Tuesday of August of each year; at Butuan, Province of Agusan, on the first Tuesday of March and October of each year; a special term of court shall also be held once a year in either the municipality of Tandag or the municipality of Hinatuan, Province of Surigao, in the discretion of the district judge; at Mambajao, Province of Oriental Misamis, on the first Tuesday of March of each year; at Malaybalay, Province of Bukidnon, on the first Tuesday of December of each year. A special term of court shall also be held once a year either in the municipality of Talisayan or in the municipality of Gingoog, Province of Oriental Misamis, in the discretion of the district judge; at Iligan, Province of Lanao, on the first Tuesday of September of each year, but the September term for the Province of Lanao may be held at Dansalan, Province of Lanao, in the discretion of the district judge; at Dipolog, Province of Zamboanga, on the first Tuesday of January and June of each year; at Jolo, Province of Sulu, on the first Tuesday of March and November of each year. The office of the clerk of Court of First Instance of Dapitan, Province of Zamboanga, is hereby transferred to Dipolog, same province. At Cotabato, Province of Cotabato, on the first Tuesday of March and November of each year; at Glan, same province, and at Baganga and Mati, Province of Davao, terms of court shall be held at least once a year on the dates to be fixed by the district judge.
"Notwithstanding the provisions of this section, whenever weather conditions, the condition of the roads or means of transportation, the number of cases, or the interests of the administration of justice require it, the Secretary of Justice may advance or postpone the term of court or transfer the place of holding the same to another municipality within the same judicial district, and, in land registration cases, to any other place more convenient to the parties."
Section 5. This Act shall take effect upon its approval.
Approved, November 7, 1936.
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