PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES
REPUBLIC ACTS
REPUBLIC ACT NO. 1605 - AN
ACT TO INCREASE THE NUMBER OF JUSTICES OF THE COURT OF APPEALS AND FOR
OTHER PURPOSES, AMENDING FOR THIS PURPOSE REPUBLIC ACT NUMBERED TWO
HUNDRED AND NINETY-SIX, AS AMENDED, OTHERWISE KNOWN AS "THE JUDICIARY
ACT OF NINETEEN HUNDRED AND FORTY-EIGHT" |
Section 1.
Section twenty-four of Republic Act Numbered Two hundred and
ninety-six, as amended, is hereby further amended to read as
follows: "Sec. 24.
The Court of Appeals. � The Court of Appeals of the Philippines shall
consist of a Presiding Justice and seventeen Associate Justices who
shall be appointed by the President of the Philippines, with the
consent of the Commission on Appointments of the Congress. The
Presiding Justice of the Court of Appeals shall be so designated in his
commission, and the other Justices of the Court shall have precedence
according to the dates of their respective commissions, or when the
commissions of two or more of them shall bear the same date, according
to the order in which their commissions have been issued by the
President of the Philippines.
"The Presiding Justice and the Associate Justices of the Court of Appeals shall not be removed from office except on impeachment upon the grounds and in the manner provided for in Article IX of the Constitution. "The Court of Appeals, shall, as a body, sit in banc, but it may sit in six divisions of three Justices each. The six divisions may sit at the same time. Sec. 2. Section Twenty-eight of Republic Act Numbered Two hundred and ninety-six, as amended, is hereby further amended to read as follows: "Sec. 28.
Qualifications and compensation of Justices of Court of Appeals. � The
Justices of the Court of Appeals shall have the same qualifications as
those provided in the Constitution for members of the Supreme Court,
except that no person shall be appointed a Justice of the Court of
Appeals unless he has been a Judge of a Court of Record for at least
ten years or has been in active actual practice of law before the civil
courts for the same period. The Presiding Justice of the Court of
Appeals shall receive an annual compensation of sixteen thousand pesos,
and each Associate Justice, an annual compensation of fifteen thousand
pesos."
Sec. 3. The first paragraph of Section thirty-three of Republic Act Numbered Two hundred and ninety-six, as amended, is hereby further amended to read as follows: "Sec. 33.
Quorum of the Court. � Eleven Justices of the Court of Appeals shall
constitute a quorum for its sessions in banc; and three Justices shall
constitute a quorum for the sessions of a division. In the absence of a
quorum, the court or the division 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. The affirmative vote of ten Justices is necessary
to pass a resolution of the Court in banc. The unanimous vote of the
three Justices of a division shall be necessary for the pronouncement
of a judgment. In the event that the three Justices do not reach a
unanimous vote, the Presiding Justice shall designate two Justices from
among the other members of the Court to sit temporarily with them,
forming a Division of Five Justices, and the concurrence of majority of
such division shall be necessary for the pronouncement of a
judgment.
"Every decision of the Court of
Appeals shall contain complete findings of fact on all issues properly
raised before it.
"All cases submitted to a division of the Court of Appeals for decision shall be decided or terminated therein within the term in which they were heard and submitted for decision: Provided, however, That when a case is complicated or otherwise attended with special circumstances which demand additional time for its study or consideration, the Court of Appeals, siting in banc, may, upon petition of the division concerned, grant an additional period not exceeding three months for its disposition or termination." Sec. 4. Section thirty-seven of Republic Act Numbered Two hundred and ninety-six, as amended, is hereby further amended to read as follows: "Sec. 37.
Appointment by Court of Appeals of deputy clerks of court and other
officers. � The Court may appoint six deputy clerks of court, who shall
have the same qualifications as those of the clerk of the Court of
Appeals, with an annual compensation of six thousand pesos for the
first deputy, and five thousand four hundred pesos for the other deputy
clerks each, and other officers in such number and with such
compensation as may be hereafter authorized."
Sec. 5. The sum necessary to carry out the provisions of this Act is hereby appropriated out of any funds in the National Treasury not otherwise appropriated.
Sec. 6. This Act shall take effect upon its
approval. Approved: August 23, 1956
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