June 17, 1948

REPUBLIC ACT NO. 296

THE JUDICIARY ACT OF 1948

CHAPTER I
General Provisions
SECTION 1. Title of Act. — This Act shall be known as the Judiciary Act of
1948.
SECTION 2. Supreme Court, Court of Appeals and Other Courts. — The courts
referred to in this Act are the Supreme Court, the Court of Appeals, the Courts of First
Instance, the Municipal Courts and the Justice of the Peace Courts.
SECTION 3. Special Provision in Oath of Judges. — The oath of of ce of
judges, including justices of the peace and judges of municipal courts, shall contain, in
addition to the matters prescribed in section twenty-three of the Revised
Administrative Code, a declaration to the effect that the af ant will administer justice
without respect to person and do equal right to the poor and the rich. cd i

The oath of of ce of the justice of the peace and judge of a municipal court shall
be the same in substance as that prescribed for a judge of rst instance. Said oath
shall be led with the clerk of Court of First Instance in the province or city, as the case
may be, and shall be there preserved.
SECTION 4. Preservation of Oath of Office of Judge. — The oath of of ce of a
judge shall be led with the clerk of the court to which the af ant pertains and shall be
entered upon its records. Where a judge is authorized by law to exercise his functions in
more than one court, it shall suf ce if his oath is recorded in the court where he has his
official station.
SECTION 5. Judge's Certi cate as to Work Completed . — District judges,
judges-at-large, cadastral judges, judges of municipal courts, and justices of the peace
shall certify on their applications for leave, and upon salary vouchers presented by them
for payment, or upon the pay rolls upon which their salaries are paid, that all special
proceedings, applications, petitions, motions, and all civil and criminal cases which have
been under submission for decision or determination for a period of ninety days or
more have been determined and decided on or before the date of making the
certi cate, and no leave shall be granted and no salary shall be paid without such
certificate.
In case any special proceeding, application, petition, motion, civil or criminal case
is resubmitted upon the voluntary application or consent in writing of all the parties to
the case, cause, or proceeding, and not otherwise, the ninety days herein prescribed
within which a decision should be made shall begin to run from the date of such
resubmission.
SECTION 6. Disposition of Moneys Paid Into Court. — All moneys accruing to
the Government in the Supreme Court, in the Court of Appeals, and in the Courts of First
Instance, including fees, fines, forfeitures, costs, or other miscellaneous receipts, and all
trust or depository funds paid into such courts shall be received by the corresponding
clerk of court, and, in the absence of special provision, shall be paid by him into the
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 National Treasury to the credit of the proper account or fund and under such
regulations as shall be prescribed by the Auditor General.
A clerk shall not receive money belonging to private parties except where the
same is paid to him or into court by authority of law.
SECTION 7. Disbursement of Funds for Judiciary Establishment. — Except as
otherwise specially provided, national funds available for the judiciary establishment
shall be disbursed by the disbursing officer of the Bureau of Justice.
SECTION 8. Annual Report of Clerks of Courts. — The clerk of the Supreme
Court, the clerk of the Court of Appeals, and all clerks of Courts of First Instance shall
make annual reports to the Solicitor General, of such scope and in such form as shall be
by the latter prescribed, concerning the business done in their respective courts during
the year.
CHAPTER II
Supreme Court
SECTION 9. The Supreme Court; Quorum of the Court; Designation of
Justices of the Court of Appeals and District Judges to Sit in the Supreme Court;
Number of Justices Necessary to Reach a Decision. — The Supreme Court of the
Philippines shall consist of a Chief Justice and ten Associate Justices, which shall sit in
banc in the hearing and determination of all cases within its jurisdiction. The presence
of six Justices shall be necessary to constitute a quorum except when the judgment of
the lower court imposes the death penalty, in which case the presence of eight Justices
shall be necessary to constitute a quorum. 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.
If on account of illness, absence, or incapacity upon any of the grounds
mentioned in Section one, Rule One hundred and twenty-six of the Rules of Court, of any
of the Justices of the Supreme Court, or whenever, by reason of temporary disability of
any Justice thereof or vacancies occurring therein, the requisite number of Justices
necessary to constitute a quorum or to render a judgment in any given case, as
heretofore provided, is not present, the President of the Philippines, upon the
recommendation of the Chief Justice, may designate such number of Justices of the
Court of Appeals or District Judges as may be necessary, to sit temporarily as Justices
of the Supreme Court, in order to form a quorum, or until a judgment in said case is
reached: Provided, however, That no Justice of the Court of Appeals or District Judge
may be designated to act in any case in the decision of which he has taken part.
The concurrence of at least six Justices of the Court shall be necessary for the
pronouncement of a judgment. However, for the purpose of declaring a law or a treaty
unconstitutional, at least eight Justices must concur. When the necessary majority, as
herein provided, to declare a law or a treaty unconstitutional cannot be had, the Court
shall so declare, and in such case the validity or constitutionality of the Act or treaty
involved shall be deemed upheld.
Whenever the judgment of the lower court imposes the death penalty, the case
shall be determined by eight Justices of the Court. When eight Justices fail to reach a
decision as herein provided, the penalty next lower in degree than the death shall be
imposed.
SECTION 10. Place of Holding Sessions. — The Supreme Court shall hold its
sessions in the City of Manila. Whenever the public interest so requires, it may hold its
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 sessions in any other place within the Philippines.
SECTION 11. Appointment of Justices of the Supreme Court. — The Chief
Justice and the Associate Justice of the Supreme Court shall be appointed by the
President of the Philippines, with the consent of the Commission on Appointments. The
Chief Justice of the Supreme Court shall be so designated in his commission; and the
Associate Justice shall have precedence according to the dates of their respective
commissions, or, when the commissions of two or more of them bear the same date,
according to the order in which their commissions may have been issued by the
President of the Philippines: Provided, however, That any member of the Supreme Court
who has been reappointed to that Court after rendering service in any other branch of
the Government shall retain the precedence to which he is entitled under his original
appointment and his service in the Court shall, to all intents and purposes, be
considered as continuous and uninterrupted.
SECTION 12. Vacancy in Of ce of Chief Justice . — In case of a vacancy in the
of ce of Chief Justice of the Supreme Court or of his inability to perform the duties and
powers of his of ce, they shall devolve upon the Associate Justice who is rst in
precedence, until such disability is removed, or another Chief Justice is appointed and
duly quali ed. This provision shall apply to every Associate Justice who succeeds to
the office of Chief Justice.
SECTION 13. Authority of Supreme Court Over Administration of Its Own
Affairs. — The Supreme Court shall have exclusive administrative control of all matters
affecting the internal operations of the Court.
SECTION 14. Status of Subordinates. — Except as regards the appointment
and compensation of the Reporter, Clerk, and such private secretaries to the individual
Justices as the Court may authorize, all subordinates and employees of the Supreme
Court shall be governed by the provisions of the Civil Service Law; but the Court may, by
resolution, remove any of them for cause.
SECTION 15. Clerk of the Supreme Court; His Appointment; His
Compensation; His Bond. — The Supreme Court of the Philippines shall appoint a Clerk
of Court who shall exercise powers and perform duties in regard to all matters within
its jurisdiction, as are heretofore exercised and performed by the Clerk of the Supreme
Court of the Philippines; and in the exercise of those powers and in the performance of
those duties the Clerk shall be under the direction of the Court. No person may be
appointed Clerk of the Supreme Court unless he has been engaged for ve years or
more in the practice of law, or has been clerk or deputy clerk of a court of record for the
same period of time.
The clerk shall have the rank of a bureau director and shall receive an annual
compensation of seven thousand and two hundred pesos. Before entering upon the
discharge of the duties of his of ce, he shall le a bond in the amount of six thousand
pesos, such bond to be approved by the Treasurer of the Philippines. The bond shall be
kept in the Of ce of the Treasurer of the Philippines and entered in his books, the same
being subject to inspection by interested parties. aisa dc

The Clerk of Court may require any of his deputies or assistants to give an
adequate bond as security against loss by reason of any wrongdoings or gross
negligence on the part of such deputies or assistants.
SECTION 16. Vacation Period. — The regular sessions of the Supreme Court
may, in the discretion of the Court, be suspended for the period beginning with the rst
of April and closing with the fteenth of June of each year, which, in case of such
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 suspension, shall be known as the Supreme Court vacation.

During vacation at least one of the Justices, to be designated in such manner as

the Court by resolution shall direct, shall remain on duty.
SECTION 17. Jurisdiction of the Supreme Court. — The Supreme Court shall
have original jurisdiction over cases affecting ambassadors, other public ministers, and
consuls; and original and exclusive jurisdiction in petitions for the issuance of writs of
certiorari, prohibition and mandamus against the Court of Appeals.
In the following cases, the Supreme Court shall exercise original and concurrent
jurisdiction with Court of First Instance:
1. In petitions for the issuance of writs of certiorari, prohibition,
mandamus, quo warranto, and habeas corpus;
2. In actions between the Roman Catholic Church and the municipalities
or towns, or the Filipino Independent Church for controversy as to title
to, or ownership, administration or possession of hospitals, convents,
cemeteries or other properties used in connection therewith;
3. In actions brought by the Government of the Philippines against the
Roman Catholic Church or vice versa for the title to, or ownership of,
hospitals, asylums, charitable institutions, or any other kind of
property; and
4. In actions brought to prevent and restrain violations of law concerning
monopolies and combinations in restraint of trade.
The Supreme Court shall have exclusive jurisdiction to review, revise, reverse,
modify or af rm on appeal, certiorari or writ of error, as the law or rules of court may
provide, final judgment and decrees of inferior courts as herein provided, in —
(1) All cases in which the constitutionality or validity of any treaty, law,
ordinance, or executive order or regulation is in question;
(2) All cases involving the legality of any tax, impost, assessment or toll,
or any penalty imposed in relation thereto;
(3) All cases in which the jurisdiction of any inferior court is in issue;
(4) All criminal cases involving offenses for which the penalty imposed
is death or life imprisonment; and those involving other offenses
which, although not so punished, arose out of the same occurrence or
which may have been committed by the accused on the same
occasion, as that giving rise to the more serious offense, regardless
of whether the accused are charged as principals, accomplices, or
accessories, or whether they have been tried jointly or separately;
(5) All civil cases in which the value in controversy exceeds fty
thousand pesos, exclusive of interests and costs, or in which the title
or possession of real estate exceeding in value the sum of fty
thousand pesos to be ascertained by the oath of a party to the cause
or by other competent evidence, is involved or brought in question.
The Supreme Court shall likewise have exclusive jurisdiction over all
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 appeals in civil cases, even though the value in controversy, exclusive
of interests and costs, is fty thousand pesos or less, when the
evidence involved in said cases is the same as the evidence
submitted in an appealed civil case within the exclusive jurisdiction of
the Supreme Court as provided herein;
(6) All other cases in which only errors or questions of law are involved.
SECTION 18. Regular Terms of Supreme Court . — The Supreme Court shall
hold at Manila two regular terms for the hearing of cases, the rst commencing on the
second Monday of January and the second on the last Monday of June. Each regular
term shall continue to and include the day before the opening of the next regular term.
The Of ce of the Clerk of the Supreme Court shall always be open for the transaction of
business, except upon lawful holidays, and the Court shall always be open for the
transaction of such interlocutory business as may be done by a single member thereof.
The sessions of the Court for the hearing of cases shall be held on such days in
the week, and for such length of time, as the Court by its rules may order.
SECTION 19. Preservation of Order in Supreme Court. — The sheriff of the
City of Manila or of the province where the Supreme Court may be in session shall, in
person or by deputy, attend the sessions of the Supreme Court, enforce proper
decorum in the court room, and preserve good order in its precincts. To this end he
shall carry into effect the rules or orders of the Court made in this behalf, or of any
judge thereof, and shall arrest any person there disturbing the court or violating the
peace.
SECTION 20. Service of Process of Supreme Court. — Writs, processes, and
orders of the Supreme Court, or of any justice thereof, shall be served or executed by
the sheriff of the City of Manila or of the province where the Supreme Court may be in
session, or by any of cer having authority to execute the writs, processes, or orders of
a Court of First Instance.
SECTION 21. Form of decisions — When Opinion to be Reported. — When a
decision is rendered by the Supreme Court, a written opinion or memorandum
exemplifying the ground and scope of the judgment of the court shall be led with the
Clerk of the Court and shall be by him recorded in an opinion book. When the Court shall
deem a decision to be of suf cient importance to require publication, the Clerk shall
furnish a certi ed copy thereof to the Reporter. Dissenting opinions shall be published
when the justices writing such opinions shall so direct.
SECTION 22. Preparation of Opinions for Publication. — The Reporter shall
prepare and publish with each reported decision a concise synopsis of the facts
necessary to a clear understanding of the case and shall state the names of counsel,
and concisely the material and controverted points made, and the authority therein
cited by them, and shall pre x to each case a syllabus, which shall be con ned, as near
as may be, to points of law decided by the Court on the facts of the case, without a
recital therein of the facts.
SECTION 23. General Make-up of Volumes. — Each volume of the decisions
of the Supreme Court shall contain a table of the cases reported and of the cases cited
in the opinions and a full and alphabetical index of the subject matters of the volume
prepared by the Reporter, shall contain not less than seven hundred and fty pages of
printed matter, shall be well printed, upon good paper, and well bound in the best law
sheep substantially in the manner of the reports of the decisions of the Supreme Court
of the United States, and shall be styled "Philippine Reports," and numbered
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 consecutively, in the order of the volumes published.
CHAPTER III
Court of Appeals
SECTION 24. The Court of Appeals. — The Court of Appeals of the Philippines
shall consist of a Presiding Justice and fourteen 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 of ce 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 ve divisions of
three Justices each. The five divisions may sit at the same time.
SECTION 25. Presiding Justice to Preside Sessions of Court. — If the
Presiding Justice is present in any session of the Court, whether in banc or in division,
he shall preside. In his absence, the Associate Justice attending who is rst in
precedence in accordance with the preceding section of this Act, shall preside. cda

SECTION 26. Vacancy in Office of Presiding Justice. — In case of a vacancy in

the Of ce of Presiding Justice of the Court of Appeals, or in the event of his inability to
perform the duties and powers of his of ce, they shall devolve upon the Associate
Justice of the Court who is rst in precedence, until such disability is removed, or
another Presiding Justice is appointed and has quali ed. This provision and the
provision of the preceding section shall apply to every Associate Justice who succeeds
to the office of the Presiding Justice.
SECTION 27. Designation of District Judges to Sit in the Court of Appeals. —
In case of vacancy in the of ce of any one of the Associate Justices of the Court of
Appeals, or in the event that any one of said Associate Justices is absent, or disabled,
or incapacitated for any reason, to perform the duties and powers of his of ce, the
President of the Philippines, upon the recommendation of the Presiding Justice of the
Court of Appeals, may designate a District Judge to sit temporarily in the Court of
Appeals, until such disability is removed or the vacancy is permanently lled. However,
no District Judge so appointed shall act in the Court of Appeals in any case in which his
ruling or decision is the subject of review.
SECTION 28. Quali cations and Compensation of Justices of Court of
Appeals. — The Justices of the Court of Appeals shall have the same quali cations as
those provided in the Constitution for members of the Supreme Court. The Presiding
Justice of the Court of Appeals shall receive an annual compensation of thirteen
thousand pesos, and each Associate Justice, an annual compensation of twelve
thousand pesos.
SECTION 29. Jurisdiction of the Court of Appeals. — The Court of Appeals
shall have exclusive appellate jurisdiction over all cases, actions, and proceedings not
enumerated in section seventeen of this Act, properly brought to it from Courts of First
Instance. The decision of the Court of Appeals in such cases shall be nal: Provided,
however, That the Supreme Court in its discretion may, in any case involving a question
of law, upon petition of the party aggrieved by the decision and under rules and
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 conditions that it may prescribe, require by certiorari that the said case be certi ed to it
for review and determination, as if the case had been brought before it on appeal.

SECTION 30. Original Jurisdiction of the Court of Appeals. — The Court of

Appeals shall have original jurisdiction to issue writs of mandamus, prohibition,
injunction, certiorari, habeas corpus, and all other auxiliary writs and process in aid of its
appellate jurisdiction.
SECTION 31. Transfer of Cases from Supreme Court and Court of Appeals to
Proper Court. — All cases which may be erroneously brought to the Supreme Court or
to the Court of Appeals shall be sent to the proper court, which shall hear the same, as
if it had originally been brought before it.
SECTION 32. Place of Holding Sessions. — The Court of Appeals shall have
its permanent of ce in the City of Manila. Upon the recommendation of the Secretary of
Justice, with the certi cation of the Presiding Justice of the Court of Appeals and when
public interest demands, the President of the Philippines may authorize any division or
divisions of the Court to hold sessions periodically at such time and place outside the
City of Manila as the President may determine, for the purpose of hearing and deciding
cases originating from a specified group of judicial districts.
SECTION 33. Quorum of the Court. — Nine 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 af rmative vote of eight 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 ve Justices, and the concurrence of a majority of such division
shall be necessary for the pronouncement of a judgment.
Every decision of the Court of Appeals shall continue complete ndings 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, sitting in banc, may, upon petition of the division
concerned, grant an additional period not exceeding three months for its disposition or
termination.
SECTION 34. Distribution of Cases Between Divisions. — All the cases of the
Court of Appeals shall be allotted between the different divisions thereof for trial and
decision. Whenever in any criminal case submitted to a division the said division should
be of the opinion that the penalty of death or life imprisonment should be imposed, the
said Court shall refrain from entering judgment thereon and shall forthwith certify the
case to the Supreme Court for nal determination, as if the case had been brought
before it on appeal.
SECTION 35. Power of the Court to Adopt Rules. — The Court of Appeals,
sitting in banc, shall make proper orders or rules to govern the allotment of cases
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 between the different divisions, the constitution of such divisions, the regular rotation
of Justices between them, the lling of vacancies occurring therein, and other matters
relating to the business of the Court; and these rules shall continue in force until
repealed or altered by it or by the Supreme Court.
SECTION 36. Clerk of the Court of Appeals; His Appointment; His
Compensation; His Bond. — The Court of Appeals shall appoint a clerk of court, who
shall exercise the same powers and perform the same duties in regard to all matters
within its jurisdiction, as are exercised and performed by the clerk of the Supreme Court
of the Philippines, insofar as the same may be applicable; and in the exercise of those
powers and in the performance of those duties, the clerk shall be under the direction of
the Court. No person may be appointed clerk of the Court of Appeals unless he has
been engaged for ve years or more in the practice of law, or has been clerk or deputy
clerk of a court of record for the same period of time.
The clerk shall have the rank of a Bureau Director and shall receive an annual
compensation of seven thousand two hundred pesos. Before entering upon the
discharge of the duties of his of ce, he shall le a bond in the amount of six thousand
pesos in the same manner and form as required of the clerk of the Supreme Court, such
bond to be approved by the Treasurer of the Philippines. The bond shall be kept in the
of ce of the Treasurer of the Philippines and entered in his books, the same being
subject to inspection by interested parties.
The clerk of court may require any of his deputies or assistants to give an
adequate bond as security against loss by reason of any wrongdoing or gross
negligence on the part of such deputy or assistant.
SECTION 37. Appointment by Court of Appeals of Deputy Clerks of Court and
Other Officers. — The Court may appoint ve deputy clerks of court, who shall have the
same quali cations as those of the clerk of Court of Appeals, with an annual
compensation of four thousand ve hundred pesos for the rst deputy, and three
thousand nine hundred pesos and sixty for the other deputy clerks each, and other
officers in such number and with such compensation as may be hereafter authorized.
SECTION 38. Applicability of Certain Provisions of the Revised Administrative
Code to Court of Appeals. — The provisions of sections ten, thirteen, fourteen, fteen,
seventeen, eighteen, nineteen, twenty-one, twenty-two, and sixty-six of this Act, and
eighty-nine of the Revised Administrative Code, shall be applicable to the Court of
Appeals, in so far as they may be of possible application.
CHAPTER IV
Courts of First Instance
SECTION 39. 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 40. Judges of First Instance. — The judicial function in Courts of
First Instance shall be vested in District Judges, Judges-at-Large and Cadastral Judges,
to be appointed and commissioned as hereinafter provided.
SECTION 41. Limitation Upon Tenure of Of ce . — District Judges, Judges-at-
Large and Cadastral Judges 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 42. Quali cation and Salary . — No person shall be appointed
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 District Judge, Judge-at-Large and Cadastral Judge unless he has been ve years a
citizen of the Philippines and has practised law in the Philippines for a period of not
less than ve years or has held during a like period, within the Philippines, an of ce
requiring admission to the practice of law in the Philippines as an indispensable
requisite.
The District Judge shall receive a compensation at the rate of ten thousand
pesos per annum, Judge-at-Large, at the rate of nine thousand pesos per annum, and
Cadastral Judge, at the rate of eight thousand four hundred pesos per annum.
SECTION 43. Jurisdiction of Courts of First Instance. — The jurisdiction of the
Courts of First Instance shall be of two kinds:
(a) Original, and
(b) Appellate.
SECTION 44. Original Jurisdiction. — Courts of First Instance shall have
original jurisdiction:
(a) In all civil actions in which the subject of the litigation is not capable
of pecuniary estimation; cd

(b) In all civil actions which involve the title to or possession of real
property, or any interest therein, or the legality of any tax, impost or
assessment, except actions of forcible entry into and detainer of
lands or buildings, original jurisdiction of which is conferred by this
Act upon justice of the peace courts and municipal courts;
(c) In all cases in which the demand, exclusive of interest, or the value of
the property in controversy, amounts to more than two thousand
pesos;
(d) In all actions in admiralty and maritime jurisdiction, irrespective of
the value of the property in controversy or the amount of the demand;
(e) In all matters of probate, both of testate and intestate estates,
appointment of guardians, trustees and receivers, and in all actions
for annulment of marriage, and in all such special cases and
proceedings as are not otherwise provided for;
(f) In all criminal cases in which the penalty provided by law is
imprisonment for more than six months, or a fine of more than two
hundred pesos;
(g) Over all crimes and offenses committed on the high seas or beyond
the jurisdiction of any country, or within any of the navigable waters of
the Philippines, on board a ship or water craft of any kind registered
or licensed in the Philippines in accordance with the laws thereof. The
jurisdiction herein conferred may be exercised by the Court of First
Instance in any province into which the ship or water craft upon which
the crime or offense was committed shall come after the commission
thereof: Provided, That the court first lawfully taking cognizance
thereof shall have jurisdiction of the same to the exclusion of all other
courts in the Philippines; and
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 (h) Said courts and their judges, or any of them, shall have the power to
issue writs of injunction, mandamus, certiorari, prohibition, quo
warranto and habeas corpus in their respective provinces and
districts, in the manner provided in the Rules of Court.
SECTION 45. Appellate Jurisdiction. — Courts of First Instance shall have
appellate jurisdiction over all cases arising in municipal and justice of the peace courts,
in their respective provinces.

SECTION 46. 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 clerks of Courts of First Instance shall be appointed by the President of the
Philippines with the consent of the Commission on Appointments. No person shall be
appointed clerk of court unless he is duly authorized to practice law in the Philippines:
Provided, however, That this requirement shall not affect persons who, at the date of
the approval of this Act, are holding the position of clerk of court, nor those who have
previously qualified in the Civil Service examination for said position;
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 47. 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
District Judge presiding in the court.
SECTION 48. Provincial Of cer as Ex-Of cio 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 of cer or employee as ex-officio
clerk of court, in which case the salary of said employee or of cer as clerk of court, ex-
officio, shall be xed 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 49. 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, Batanes,
Isabela, and Nueva Vizcaya, and the Subprovince of Ifugao;
The Second Judicial District, of the Provinces of Ilocos Norte, Ilocos Sur, Abra,
City of Baguio, Mountain Province except the Subprovince of Ifugao, and La
Union;
The Third Judicial District, of the Provinces of Pangasinan and Zambales, and
the City of Dagupan;

The Fourth Judicial District, of the Provinces of Nueva Ecija and Tarlac;
The Fifth Judicial District, of the Provinces of Pampanga, Bataan, and Bulacan;
The Sixth Judicial District, of the City of Manila;
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 The Seventh Judicial District, of the Province of Rizal, Quezon City and Rizal City,
the Province of Cavite, City of Cavite, the City of Tagaytay, and the Province of
Palawan;
The Eighth Judicial District, of the Province of Laguna, the City of San Pablo, the
Province of Batangas, the City of Lipa, and the Provinces of Mindoro and
Marinduque;
The Ninth Judicial District, of the Provinces of Quezon and Camarines Norte;
The Tenth Judicial District, of the Provinces of Camarines Sur, Albay,
Catanduanes, Sorsogon, Masbate, and Romblon;
The Eleventh Judicial District, of the Provinces of Capiz and Iloilo, the City of Iloilo
and the Province of Antique;
The Twelfth Judicial District, of the Province of Occidental Negros, the City of
Bacolod, the Province of Oriental Negros, and the Subprovince of Siquijor;
The Thirteenth Judicial District, of the Provinces of Samar and Leyte, and the City
of Ormoc;
The Fourteenth Judicial District, of the Province of Cebu, the City of Cebu and the
Province of Bohol;
The Fifteenth Judicial District, of the Provinces of Surigao, Agusan, Oriental
Misamis, Bukidnon, and Lanao; and

The Sixteenth Judicial District, of the Province of Davao, the City of Davao, the
Provinces of Cotabato and Occidental Misamis, the Province of Zamboanga and
Zamboanga City, and the Province of Sulu.

SECTION 50. Judges of First Instance for Judicial Districts. — Four judges
shall be commissioned for the First Judicial District. Two judges shall preside over the
Courts of First Instance of Cagayan and Batanes, and shall be known as judges of the
rst and second branches thereof, respectively, the judge of the second branch to
preside also over the Court of First Instance of Batanes; one judge shall preside over
the Court of First Instance of Isabela; and one judge shall preside over the Court of First
Instance of Nueva Vizcaya and the Subprovince of Ifugao.
Four judges shall be commissioned for the Second Judicial District. One judge
shall preside over the Court of First Instance of Ilocos Norte; one judge shall preside
over the Courts of First Instance of Ilocos Sur and Abra; one judge shall preside over
the Courts of First Instance of the City of Baguio and Mountain Province except the
Subprovince of Ifugao; and another judge shall preside over the Court of First Instance
of La Union.
Four judges shall be commissioned for the Third Judicial District. They shall
preside over the Court of First Instance of Pangasinan and shall be known as judges of
the rst, second, third and fourth branches thereof, respectively; one judge shall preside
over the Court of First Instance of Lingayen to be known as the judge of the rst
branch; one judge shall preside over the Court of First Instance of the City of Dagupan
and shall be known as the judge of the second branch; one judge shall preside over the
Court of First Instance of Tayug and shall be known as the judge of the third branch;
and one judge shall preside over the Court of First Instance of Lingayen to be known as
the judge of the fourth branch who shall also preside over the Court of First Instance of
Zambales, the judge of the fourth branch to preside also over the Court of First
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 Instance of Zambales.
Three judges shall be commissioned for the Fourth Judicial District. Two judges
shall preside over the Court of First Instance of Nueva Ecija and shall be known as
judges of the rst and second branches thereof, respectively; and one judge shall
preside over the Court of First Instance of Tarlac.
Four judges shall be commissioned for the Fifth Judicial District. Two judges
shall preside over the Court of First Instance of Pampanga and shall be known as
judges of the rst and second branches thereof, respectively, the judge of the second
branch to preside also over the Court of First Instance of Bataan; and two judges shall
preside over the Court of First Instance of Bulacan and shall be known as judges of the
first and second branches thereof, respectively.
Ten judges shall be commissioned for the Sixth Judicial District. They shall
preside over the Courts of First Instance of Manila and shall be known as judges of the
rst, second, third, fourth, fth, sixth, seventh, eighth, ninth and tenth branches,
respectively.
Five judges shall be commissioned for the Seventh Judicial District. Three judges
shall preside over the Court of First Instance of the Province of Rizal, Quezon City and
Rizal City and shall be known as judges of the rst, second, and third branches thereof,
respectively; and two judges shall preside over the Court of First Instance of the
Province of Cavite and the Cities of Cavite and Tagaytay, and shall be known as judges
of the rst and second branches thereof, respectively, the judge of the second branch
to preside also over the Court of First Instance of Palawan.
Five judges shall be commissioned for the Eighth Judicial District. Two judges
shall preside over the Court of First Instance of Laguna and the City of San Pablo, and
shall be known as judges of the rst and second branches thereof, respectively; two
judges shall preside over the Court of First Instance of Batangas and the City of Lipa,
and shall be known as judges of the rst and second branches thereof, respectively;
and one judge shall preside over the Courts of First Instance of Mindoro and
Marinduque.
Three judges shall be commissioned for the Ninth Judicial District. They shall
preside over the Court of First Instance of Quezon and shall be known as judges of the
rst, second and third branches thereof, respectively, the judge of the third branch to
preside also over the Court of First Instance of Camarines Norte.
Six judges shall be commissioned for the Tenth Judicial District. Two judges
shall preside over the Court of First Instance of Camarines Sur and shall be known as
judges of the rst and second branches thereof, respectively; two judges shall preside
over the Courts of First Instance of Albay and Catanduanes and shall be known as
judges of the rst and second branches thereof; one judge shall preside over the Court
of First Instance of the Province of Sorsogon; and one judge shall preside over the
Courts of First Instance of Masbate and Romblon.
Five judges shall be commissioned for the Eleventh Judicial District. Two judges
shall preside over the Court of First Instance of Capiz and shall be known as judges of
the rst and second branches; and three judges shall preside over the Court of First
Instance of the Province of Iloilo and the City of Iloilo, and shall be known as judges of
the rst, second and third branches thereof, respectively, the judge of the third branch
to preside also over the Court of First Instance of [Link]

Four judges shall be commissioned for the Twelfth Judicial District. Three judges
shall preside over the Court of First Instance of Occidental Negros and the City of
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 Bacolod, and shall be known as judges of the rst, second and third branches thereof,
respectively; and one judge shall preside over the Courts of First Instance of Oriental
Negros and the Subprovince of Siquijor.
Six judges shall be commissioned for the Thirteenth Judicial District. Three
judges shall preside over the Court of First Instance of Samar and shall be known as
judges of the rst, second and third branches thereof, respectively; and three judges
shall preside over the Court of First Instance of Leyte and the City of Ormoc, and shall
be known as judges of the first, second and third branches thereof, respectively.
Four judges shall be commissioned for the Fourteenth Judicial District. Three
judges shall preside over the Court of First Instance of the Province of Cebu and the
City of Cebu, and shall be known as judges of the rst, second and third branches
thereof, respectively; and one judge shall preside over the Court of First Instance of
Bohol.
Three judges shall be commissioned for the Fifteenth Judicial District. One judge
shall preside over the Courts of First Instance of Surigao and Agusan; one judge shall
preside over the Courts of First Instance of Oriental Misamis and Bukidnon; and one
judge shall preside over the Court of First Instance of Lanao.
Four judges shall be commissioned for the Sixteenth Judicial District. One judge
shall preside over the Court of First Instance of Davao; one judge shall preside over the
Court of First Instance of Cotabato; one judge shall preside over the Courts of First
Instance of Occidental Misamis and Zamboanga Province; and one judge shall preside
over the Court of First Instance of Zamboanga City and Sulu.
SECTION 51. Detail of Judge to Another District or Province. — Whenever a
judge stationed in any province or branch of a court in a province should certify to the
Secretary of Justice that the condition of 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 province other than that to which
he is appointed without the approval of the Supreme Court being rst had and
obtained.
SECTION 52. Permanent Stations of District Judges. — The permanent
station of judges of the Sixth Judicial District shall be in the City of Manila.
In other judicial districts, the permanent stations of the Judges shall be as
follows:
For the First Judicial District, the judge of the rst branch of the Court of First
Instance of Cagayan shall be stationed in the municipality of Tuguegarao, same
province; the judge of the second branch, in the municipality of Aparri, same
province; one judge shall be stationed in the municipality of Ilagan, Province of
Isabela; and another judge, in the municipality of Bayombong, Province of Nueva
Vizcaya.
For the Second Judicial District, one judge shall be stationed in the municipality
of Laoag, Province of Ilocos Norte; one judge, in the municipality of Vigan,
Province of Ilocos Sur; one judge, in the City of Baguio, Mountain Province; and
one judge, in the municipality of San Fernando, Province of La Union.
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 For the Third Judicial District, one judge shall be stationed in the municipality of
Lingayen, Province of Pangasinan; one judge shall be stationed in the City of
Dagupan, same province; one judge, in the municipality of Iba, Province of
Zambales, and one judge, in the municipality of Tayug, Province of Pangasinan.
For the Fourth Judicial District, two judges shall be stationed in the municipality
of Cabanatuan, Province of Nueva Ecija, and one judge, in the municipality of
Tarlac, Province of Tarlac.
For the Fifth Judicial District, two judges shall be stationed in the municipality of
San Fernando, Province of Pampanga; and two judges, in the municipality of
Malolos, Province of Bulacan.

For the Seventh Judicial District, the judge of the rst branch of the Court of First
Instance of Rizal shall be stationed in the municipality of Pasig, same province;
that of the second branch, in Rizal City; and that of the third branch, in Quezon
City; and two judges, in the City of Cavite, Province of Cavite.

For the Eighth Judicial District, two judges shall be stationed in the municipality
of Santa Cruz, Province of Laguna; the judge of the rst branch of the Court of
First Instance of Batangas shall be stationed in the municipality of Batangas, and
that of the second branch in the City of Lipa, same province; and one judge, in the
municipality of Calapan, Province of Mindoro.

For the Ninth Judicial District, the three judges shall be stationed in the
municipality of Lucena, Province of Quezon.

For the Tenth Judicial District, two judges shall be stationed in the municipality of
Naga, Province of Camarines Sur; one judge, in the municipality of Legaspi,
Province of Albay; one judge, in the municipality of Sorsogon, Province of
Sorsogon; and one judge, in the municipality of Masbate, Province of Masbate.

For the Eleventh Judicial District, one judge shall be stationed in the municipality
of Capiz, one in the municipality of Calivo, Province of Capiz; and three judges, in
the City of Iloilo, Province of Iloilo.

For the Twelfth Judicial District, three judges shall be stationed in the City of
Bacolod, Province of Occidental Negros; one judge, in the municipality of
Dumaguete, Province of Oriental Negros.
For the Thirteen Judicial District, the judge of the rst branch of the Court of First
Instance of Samar shall be stationed in the municipality of Catbalogan, Province
of Samar; the judge of the second branch, in the municipality of Borongan, same
province; and the judge of the third branch, in the municipality of Laoang, same
province; the judge of the rst Branch of the Court of First Instance of Leyte shall
be stationed in the municipality of Tacloban. Province of Leyte; the judge of the
second branch, in the municipality of Maasin and the City of Ormoc, same
province; and the judge of the third branch, in the municipality of Baybay, same
province.

For the Fourteenth Judicial District, three judges shall be stationed in the City of
Cebu, Province of Cebu; and one judge, in the municipality of Tagbilaran, Province
of Bohol.
For the Fifteenth Judicial District, one judge shall be stationed in the municipality
of Surigao, Province of Surigao; one judge, in the municipality of Cagayan,
Province of Oriental Misamis; and one judge, in the municipality of Dansalan,
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 Province of Lanao.

For the Sixteenth Judicial District, one judge shall be stationed in the City of
Davao, Province of Davao; one judge, in the municipality of Cotabato, Province of
Cotabato; one judge, in the municipality of Oroquieta, Province of Occidental
Misamis; and one judge, in the City of Zamboanga.

SECTION 53. Judges-at-Large and Cadastral Judges. — In addition to the

District Judges mentioned in section forty-nine hereof there shall also be appointed
eighteen Judges-at-large and fteen Cadastral Judges who shall not be assigned
permanently to any judicial district and who shall render duty in such district of province
as may, from time to time, be designated by the Department Head.
SECTION 54. Places and Time of Holding Court. — For the Sixth Judicial
District, court shall be held in the City of Manila. In other districts court shall be held at
the capitals or places in which the respective judges are permanently stationed, except
as hereinafter provided. Sessions of court shall be convened on all working days 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:
First Judicial District: At Santo Domingo de Basco, Province of Batanes, on the
rst Tuesday of March of each year. A special term of court shall also be held
once a year, in the municipalities of Ballesteros and Tuao, both of the Province of
Cagayan, and at Kiangan, Subprovince of Ifugao, in the discretion of the district
judge.

Second Judicial District: At Bangued, Province of Abra, on the rst Tuesday of

January, March, June, and October of each year; at Bontoc, Mountain Province, on
the rst Tuesday of March, June, and November of each year; and, whenever the
interest of justice so require, a special term of court shall be held at Lubuagan,
Subprovince of Kalinga. casia

Seventh Judicial District: At Coron, Province of Palawan, on the rst 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.

Eighth Judicial District: The judge shall hold special term at the municipalities of
Lubang, Mambunao and San Jose, Province of Mindoro, once every year, as may
be determined by him; at Boac, Province of Marinduque, on the rst Tuesday of
March, July, September and December of each year.
Ninth Judicial District: At Infanta, Province of Quezon, for the municipalities of
Infanta, Casiguran, Baler and Polillo, on the rst Tuesday of June of each year; at
Daet, Camarines Norte, terms of court shall be held at least six times a year on the
dates to be fixed by the district judge.
Tenth Judicial District: At Virac, Province of Catanduanes, on the rst Tuesday of
March and September of each year; at Romblon, Province of Romblon, on the rst
Tuesday of January, June, and October of each year; and at Badajos, same
province, on the third Tuesday of January, June, and October of each year.

Eleventh Judicial District: At San Jose, Province of Antique, on the rst Tuesday
of February, June and October of each year; and at Culasi, same province, on the
first Tuesday of December of each year.
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 Twelfth Judicial District: At Larena, Subprovince of Siquijor, on the rst Tuesday
of August of each year.
Thirteenth Judicial District: The rst branch, at Calbayog, Province of Samar, on
the rst Tuesday of September of each year; and Basey, same province, on the
rst Tuesday of January of each year; and the second branch, at Oras, same
province, on the rst Tuesday of July of each year, and the rst Tuesday of
October of each year in Guiwan; on the third branch, at Catarman, same province,
on the first Tuesday of October of each year.
Fifteenth Judicial District: At Cantilan, Province of Surigao, on the first Tuesday of
August of each year; at Butuan, Province of Agusan, on the rst 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 rst Tuesday of March of each year. A special term of
court shall, likewise, 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 rst Tuesday of March and
October of each year.

Sixteenth Judicial District: At Dipolog, Province of Zamboanga, terms of court

shall be held at least three times a year on dates to be xed by the district judge;
at Pagadian, same province, for the municipalities of Pagadian, Margosatubig
and Kabasalan, at least once a year; at Jolo, Province of Sulu, terms of court shall
be held at least four times a year on dates to be xed by the district judge; at
Banganga and Mati, Province of Davao; and at Glan, Province of Cotabato, terms
of court shall be held at least once a year on the dates to be xed 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 interest
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 the land registration cases, to any
other place more convenient to the parties.
SECTION 55. Duty of Judges to Hold Court at Permanent Station. — Judges
shall hold court at the place of their permanent station, in the case of District Judges,
and at the place wherein they may be detailed, in the case of Judges-at-Large and
Cadastral Judges, not only during the period hereinabove xed but also at any other
time when there are cases ready for trial or other court business to be dispatched, if
they are not engaged elsewhere.
SECTION 56. Special Terms of Court . — When so directed by the Department
Head, District Judges, Judges-at-Large and Cadastral Judges shall hold special terms
of court at any time or in any municipality in their respective districts for the
transactions of any judicial business.
SECTION 57. Authority of District Judge to De ne Territory Appurtenant to
Courts. — Where court is appointed to be held at more than one place in a district, the
District Judge may, with the approval of the Department Head, de ne the territory over
which the court held at a particular place shall exercise its authority, and cases arising
in the territory thus de ned shall be triable at such court accordingly. The power herein
granted shall be exercised with a view to making the courts readily accessible to the
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 people of the different parts of the districts and with a view to making the attendance
of litigants and witnesses as inexpensive as possible.
SECTION 58. Hours of Daily Sessions of the Courts. — The hours for the daily
session of Courts of First Instance shall be from nine to twelve in the morning, and from
three to ve in the afternoon, except on Saturdays, when a morning session only shall
be required; but the judge may extend the hours of session whenever in his judgment it
is proper to do so. The judge holding any court may also, in his discretion, order that but
one session per day shall be held instead of two, at such hours as may be deem
expedient for the convenience both of the court and the public; but the number of hours
that the court shall be in session per day shall be not less than five.
SECTION 59. Clerk's Duty to Attend Session and Keep Of ce Hours . — Clerks
of court shall be in attendance during the hours of session; and when not so in
attendance upon the court they shall keep the same of ce hours as are prescribed for
other Government employees.
SECTION 60. Division of Business Among Branches of Court of Sixth District.
— In the Court of First Instance of the Sixth District all business shall be equitably
distributed among the judges of the ten branches in such manner as shall be agreed
upon by the judges themselves.
The District Judge of the Sixth Judicial District who acts as executive judge
thereof shall have supervision over the General Land Registration Office.
Nothing contained in this section and in section sixty-two shall be construed to
prevent the temporary designation of judges to act in this district in accordance with
section fifty.
SECTION 61. Authority of Court of First Instance of the Sixth Judicial District
Over Administration of Its Own Affairs. — The Court of First Instance of the Sixth
Judicial District shall have the administrative control of all matters affecting the internal
operations of the court. This administrative control shall be exercised by the court itself
through the clerk of the court. In the administrative matters, the clerk of the court shall
be under the direction of the court itself. The personnel of the of ce of the clerk of the
Court of First Instance of the Sixth Judicial District shall consist of such of cers and
employees as may be provided by law. The subordinate employees of said of ce shall
be appointed by the Secretary of Justice upon recommendation of the Chief of the
of ce, the clerk of the court. The said clerk of the court shall receive an annual salary of
ve thousand one hundred pesos, and with all the employees of his of ce shall belong,
for all purposes, to the Court of First Instance of the Sixth Judicial District.
SECTION 62. Appointment and Quali cations of Clerks . — The clerk and
deputy clerk of the Sixth Judicial District shall be appointed by the President of the
Philippines upon the recommendation of the Secretary of Justice, with the consent of
the Commission on Appointments. No person shall be eligible for appointment to either
of these positions unless he is duly authorized to practice law in the Philippines.
SECTION 63. Interchange of Judges. — The judges of the several branches of
the Court of First Instance for the Sixth District may, for their own convenience or the
more expeditious accomplishments of business, sit, by interchange, by mutual
agreement or by order of the Department Head, in other branches than those to which
they severally pertain; and any action or proceeding in one branch may be sent to
another branch for trial or determination.
SECTION 64. Convocation of Judges for Assistance of Judge Hearing Land
Registration Matters. — In matters of special dif culty connected with the registration
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 of land, any judge of the Sixth District concerned may, when he deems such course
advisable or necessary, convoke the other nine judges of said court for the purpose of
obtaining their advice and assistance. In such case the issue or issues to be decided
shall be framed in writing by the said judge and shall be propounded for determination
in joint session, with not fewer than three judges present. In case of a tie upon any
issue, that view shall prevail which is maintained by the judge hearing the matter.
SECTION 65. Vacation of Courts of First Instance. — The yearly vacation of
Courts of First Instance shall begin with the rst of April and close with the rst of June
of each year.
SECTION 66. Assignment of Judges to Vacation Duty. — During the month of
January of each year, the Department Head shall issue an order naming the judges who
are to remain on duty during the court vacation of that year; and consistently with the
requirements of the judicial service, the assignments shall be so made that no judge
shall be assigned to vacation duty, unless upon his own request, with greater frequency
than once in three years.
Such order shall specify, in the case of each judge assigned to vacation duty, the
territory over which in addition to his own district his authority as vacation judge shall
extend, and the assignments shall be so arranged that provisions will be made for the
exercise of interlocutory jurisdiction, during vacation, in all parts of the Islands.
At least one judge shall always be assigned for vacation duty in the Sixth Judicial
District. cdasia

The Department Head may from time to time modify his order assigning the
judges to vacation duty as newly arising conditions or emergencies may require.
A judge assigned to vacation duty shall not ordinarily be required to hold court
during such vacation; but the Department Head may, when in his judgment the
emergency shall require, direct any judge assigned to vacation duty to hold during the
vacation a special term of court in any district.
SECTION 67. Proceedings for Removal of Judges. — No District Judge,
Judge-at-Large or Cadastral Judge shall be separated or removed from of ce by the
President of the Philippines unless suf cient cause shall exist, in the judgment of the
Supreme Court, involving serious misconduct or inef ciency, for the removal of said
judge from of ce after the proper proceedings. The Supreme Court of the Philippines is
authorized, upon its own motion, or upon information of the Secretary of Justice, to
conduct an inquiry into the of cial or personal conduct of any judge appointed under
the provisions of this law, and to adopt such rules of procedure in that regard as it may
deem proper; and, after such judge shall have been heard in his own defense, the
Supreme Court may recommend his removal to the President of the Philippines, who, if
he deems that the public interests will be subserved thereby, shall thereupon make the
appropriate order for such removal.
The President of the Philippines, upon recommendation of the Supreme Court,
may temporarily suspend a judge pending proceedings under this section. In case the
judge suspended is acquitted of the cause or causes that gave rise to the investigation,
the President of the Philippines shall order the payment to him of the salary, or part
thereof, which he did not receive during his suspension, from any available funds for
expenses of the judiciary.
The cost and expenses incident to such investigations shall be paid from the
funds appropriated for contingent expenses of the judiciary, upon vouchers approved
by the Chief Justice of the Supreme Court.
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 CHAPTER V
Justices of the Peace and Judges of Municipal Courts
SECTION 68. Appointment and Distribution of Justices of the Peace. — There
shall be one justice of the peace and one auxiliary justice of the peace in each
municipality and municipal district, and if the public interest shall so require, in any
minor political division or unorganized territory in the Philippines, and such Judges of
Municipal Courts in each chartered city as their respective charters provide.
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, municipal districts, or other minor political division or places not
included in the jurisdiction of a justice of the peace already appointed. As vacancies
occur, if the proper administration of justice so demands and the Department Head so
recommends, the President of the Philippines may group municipalities and municipal
districts into circuit courts, and may appoint to each circuit court one justice of the
peace and one auxiliary justice of the peace: Provided, however, That the capital of a
province shall not be grouped with any other municipality except in fourth-or fth-class
provinces, or the Mountain Province and the specially organized provinces: Provided,
further, That the Secretary of Justice may, upon the recommendation of the district
judge concerned, designate the justice of the peace of the capital of a province or
subprovince as clerk of court ex-officio of said province or subprovince. The justice of
the peace of the capital of a province or subprovince so designated shall receive, in
addition to his salary, fty per centum of the salary xed for the said clerk of court of
the said province or subprovince.
SECTION 69. Jurisdiction of Justice of the Peace so Affected by Territorial
Changes. — When a new political division affecting the territorial jurisdiction of the
justice of the peace is formed or the boundaries limiting the same are changed, the
President of the Philippines may, in the absence of special provision, designate which
of the justices and auxiliary justices within the territory affected by the change shall
continue in office; and the powers of any others therein shall cease.
SECTION 70. Tenure of Of ce — Transfer from One Municipality to Another .
— Justices of the peace having the requisite legal quali cations shall hold of ce during
good behavior, until they reach the age of seventy years, or become incapacitated to
discharge the duties of their of ce, unless sooner removed in accordance with law or
unless his of ce be lawfully abolished or merged in the jurisdiction of another justice of
the peace: Provided, That in case the public interest requires it, a justice of the peace of
one municipality may be transferred to another.
SECTION 71. Quali cations for the Of ce of Justice of the Peace . — No
person shall be eligible to appointment as justice of the peace or auxiliary justice of the
peace unless he is (1) at least twenty-three years of age; (2) a citizen of the Philippines;
(3) of good moral character and has not been convicted of any felony; and (4) has been
admitted by the Supreme Court to the practice of law.
No person shall be appointed judge of the municipal court of any chartered city
or justice of the peace of any provincial capital unless he shall have practiced law in the
Philippines for a period of ve years, or has held during a like period within the
Philippines an of ce requiring admission to the practice of law in the Philippines as an
indispensable requisite.
SECTION 72. Filling of Vacancy in Of ce of Justice of the Peace . — When a
vacancy occurs in the office of any justice of the peace, except in provincial capitals and
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 rst-class municipalities, the district judge shall forward to the President of the
Philippines a list of the names of persons quali ed to ll said vacancy, accompanied by
all the applications presented by persons desirous of appointment. The President of
the Philippines, with the consent of the Commission on Appointments, shall make the
respective appointments from said list: Provided, however, That he may also appoint to
the position any quali ed person not included in the list and not applicant for the place,
without preferences of any kind, when he deems such course to be in the public
interest.
SECTION 73. Auxiliary Justice — Quali cations and Duties . — The auxiliary
justice of the peace shall have the same quali cations and be subject to the same
restrictions as the regular justice, and shall perform the duties of said of ce during any
vacancy therein or in case of the absence of the regular justice from the municipality, or
of his disability or disquali cation, or in case of his death or resignation until the
appointment and quali cation of his successor, or in any cause whose immediate trial
the regular justice shall certify to be specially urgent and which is unable to try by
reason of actual engagement in another trial.
In case there is no auxiliary justice of the peace to perform the duties of the
regular justice in the case above mentioned, the district judge shall designate the
nearest justice of the peace of the province to act as justice of the peace in such
municipality, town, or place.
SECTION 74. Courtroom and Supplies. — The municipalities and municipal
districts to which a justice of the peace pertains shall provide him with a room in the
tribunal, or elsewhere in the center of population, suitable for holding court and shall
supply the necessary furniture, lights, and janitor service therefor, and shall also provide
him with such of the printed laws in force in the Philippines as may be required for his
of cial use. The similar expenses of maintaining the of ce of a justice of the peace
appointed in unorganized territory shall be borne by the province.
Legal blanks and the dockets required by law, as well as the notarial seal to be
used by the justice as ex-officio, notary public, shall be furnished by the Bureau of
Justice.
SECTION 75. Clerks and Employees of Justice of the Peace Courts. — The
municipal or justice of the peace courts of the several chartered cities and of the
provincial capitals and rst-class municipalities shall have such clerks of court and
other employees as may be necessary at the expense of the said cities and
municipalities.
In other municipalities, the municipal councils may allow the justices of the peace
one clerk each, at the expense of the respective municipalities, with a salary not to
exceed seven hundred and twenty pesos per annum. aisa dc

With the exception of the clerks and employees of the Municipal Court of the City
of Manila, all employees mentioned in this section shall be appointed by the respective
justices of the peace.
SECTION 76. Miscellaneous Powers of Justice of the Peace. — A justice of
the peace shall have power anywhere within his territorial jurisdiction to solemnize
marriages, authenticate merchant's books, administer oaths and take depositions and
acknowledgment, and, in his capacity as ex-officio notary public, may perform any act
within the competency of a notary public.
SECTION 77. Attendance at Court — Permission for Justice to Pursue Other
Vocation. — A justice of the peace or auxiliary justice when acting as justice of the
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 peace shall be present at least four hours on each business day in his of ce or at the
place where his court is held; but he may, after of ce hours, with the permission of the
district judge concerned, pursue any other vocation or hold other office or position.
No justice or auxiliary justice may act as the attorney for any party to a cause
commenced in his court or elsewhere except by special permission of the District
Judge.
SECTION 78. Hearing of Cause at Place Other than Of ce of Justice of the
Peace. — Upon written request of both parties to a cause, a justice of the peace may
hear the same at any suitable place in his jurisdiction; and in such case his necessary
travel expense from his of cial station to the place of trial, and upon return therefrom,
not exceeding two and one-half pesos per day in all, may be taxed as costs, but if the
trial of more than one of such cases is requested in a particular locality, he shall arrange
to try them as nearly as possible at the same time and place and shall divide the travel
expense among them proportionately to the time consumed in the trial of each case.
SECTION 79. Service of Process of Justice of the Peace. — The sheriff of the
province shall serve or execute, or cause to be served and executed, all civil writs,
processes, and orders issued by any justice of the peace in the province; and civil
process, other than executions, may be served by any persons designated by the justice
for the purpose. Criminal process issued by a justice of the peace shall be served or
executed by the mayor of the municipality or other local political division, by means of
the local police, or in the City of Manila by the members of its police department; but
such process may also be served or executed with equal effect by the sheriff.
Criminal process may be issued by a justice of the peace, to be served outside
his province, when the district judge, or in his absence the provincial scal, shall certify
that in his opinion the interest of justice requires such service.
SECTION 80. Seal of Justice Acting as Notary Public. — The use of a seal of
of ce shall not be necessary to the authentication of any paper, document, or record
signed by a justice of the peace or emanating from his of ce except when he acts as
notary public ex-officio.
SECTION 81. Appointment of Government Of cers as Justices of the Peace
Ex-Officio. — When in the opinion of the President of the Philippines the public interest
shall so require, he may appoint any quali ed person in the government service to act in
the capacity of justice of the peace ex-officio, without additional compensation, in any
specially organized province. Such appointee shall have all the powers of a justice of
the peace proper, with such territorial jurisdiction as shall be stated in the commission
issued to the appointee, but such jurisdiction shall not extend to, or be hereafter
exercised at any place within the jurisdiction of any appointed justice of the peace or
auxiliary justice of the peace.
A person exercising the function of justice of the peace ex-officio in any
municipal district may, in his discretion, transfer any case within his jurisdiction to the
justice of the peace of the nearest organized municipality in the province.
The President of the Philippines may, in his discretion, authorize a municipal
district mayor who is an attorney-at- law to act as justice of the peace to try cases for
violation of municipal ordinances within his district.
SECTION 82. Salaries of Justices of the Peace. — Except as provided in the
next succeeding section, justices of the peace shall receive the following salaries per
annum:

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 (a) Of circuit courts, from two thousand forty to two thousand six
hundred forty pesos each;
(b) In municipalities of the first-class, from one thousand eight hundred
to one thousand nine hundred twenty pesos each;
(c) In municipalities of the second-class, from one thousand four
hundred forty to one thousand six hundred eighty pesos each;
(d) In municipalities of the third class, fourth class, and fifth class and
municipal districts and other places not specially provided for by law,
from one thousand two hundred to one thousand three hundred
twenty pesos each.
Provided, That the Secretary of Justice shall, with the approval of the President,
x the salary of each justice of the peace within the above limitations, taking into
consideration, among other things, the number of cases docketed in his court and the
accessibility and means of transportation available between the different municipalities
under his jurisdiction: Provided, further, That when a justice of the peace is designated
to act temporarily in one or more municipalities or districts in addition to his own
municipality or district, he shall be entitled to the salary of his municipality or district,
plus seventy-five per centum of the salary for each municipality or district in which he is
temporarily designated to act; but in no case shall he be entitled to an aggregate salary
of more than two thousand six hundred forty pesos per annum.
SECTION 83. Salaries of the Judges of the Municipal Courts of Chartered
Cities and of the Justices of the Peace in Provincial Capitals. — The annual salary of
each of the judges of the municipal courts of the following chartered cities shall be:
(a) Of the City of Manila, six thousand pesos;
(b) Of Quezon City, and the Cities of Baguio, Cebu, Rizal and Iloilo, five
thousand four hundred pesos;
(c) Of the Cities of Bacolod and San Pablo, four thousand pesos;
(d) Of the Cities of Cavite, Davao, Ormoc, Dagupan, Lipa and Zamboanga,
and of other cities, three thousand six hundred pesos.
The annual salaries of the justices of the peace of the capitals of the provinces
shall be as follows:
Of the justices of the peace of the capitals of the Provinces of Nueva Ecija,
Pangasinan, and Rizal, four thousand pesos each; of the justices of the peace of
the capitals of the Provinces of Bulacan, Laguna, La Union, Pampanga, Quezon,
and Tarlac, three thousand six hundred pesos each; of the justices of the peace of
the capitals of the Provinces of Albay, Bataan, Batangas, Camarines Sur, Capiz,
Cotabato, Ilocos Norte, Ilocos Sur, Isabela, Leyte, Negros Oriental, and Nueva
Vizcaya, three thousand pesos each; of the justices of the peace of the capitals of
the other provinces organized under the Provincial Law, the capitals of the
Provinces of Agusan, Batanes, Bukidnon, Cotabato, Lanao, Palawan, Mountain
Province, and Sulu, two thousand four hundred pesos each; Provided, however,
That for judicial purposes the municipality of Aparri, Province of Cagayan, and
the municipality of Cervantes, Province of Ilocos Sur, shall be considered as
provincial capitals and the respective justices of the peace thereof shall have the
same quali cations required of, and shall have the jurisdiction as, under the law,
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 may be exercised by the justices of the peace of provincial capitals and shall be
paid an annual salary of two thousand four hundred pesos each: Provided,
further, That the judge of the municipal court of a city which is at the same time
the capital of a province shall be considered as the judge of the peace of the
capital of such province.

SECTION 84. Payment of Salaries of Justices of the Peace. — In order to

facilitate the payment of the salaries of justices of the peace in the provinces, the
treasurer of the respective political division concerned shall advance the same monthly
out of any proper available funds in his possession and such advances will be
reimbursed monthly from the national appropriation.
SECTION 85. Compensation of Auxiliary Justices. — An auxiliary justice of the
peace, when performing all the duties of a justice of the peace, shall receive the full
compensation which would accrue to the of ce of justice. In cases where the justice of
the peace, without ceasing to act as justice, shall certify any cause to the auxiliary
justice for trial, the latter shall receive compensation in an amount equivalent to the
fees accruing in such cause, which amount shall be deducted from the salary of the
regular justice.
When the auxiliary justice acts as substitute for the regular justice while the latter
is absent on of cial business, the compensation of the auxiliary justice shall not be
deducted from the salary of the justice. cda

SECTION 86. Jurisdiction of Justices of the Peace and Judges of Municipal

Courts of Chartered Cities. — The jurisdiction of justices of the peace and judges of
municipal courts of chartered cities shall consist of:
(a) Original jurisdiction to try criminal cases in which the offense
charged has been committed within their respective territorial
jurisdictions; and
(b) Original jurisdiction in civil actions arising in their respective
municipalities and cities, and not exclusively cognizable by the Courts
of First Instance.
SECTION 87. Original Jurisdiction to Try Criminal Cases . — Justices of the
peace and judges of municipal courts of chartered cities shall have original jurisdiction
over:
(a) All violations of municipal or city ordinances committed within their
respective territorial jurisdictions;
(b) All offenses in which the penalty provided by law is imprisonment for
not more than six months, or a fine of not more than two hundred
pesos, or both such fine and imprisonment;
(c) All criminal cases arising under the laws relating to:
(1) Gambling and management or operation of lotteries;
(2) Assaults where the intent to kill is not charged or evident upon
the trial;
(3) Larceny, embezzlement and estafa where the amount of
money or property stolen, embezzled, or otherwise involved,
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 does not exceed the sum or value of two hundred pesos;
(4) Sale of intoxicating liquors;
(5) Falsely impersonating an officer;
(6) Malicious mischief;
(7) Trespass on Government or private property; and
(8) Threatening to take human life.
Said justices of the peace and judges of municipal courts may also conduct
preliminary investigations for any offense alleged to have been committed within their
respective municipalities and cities, without regard to the limits of punishment, and
may release, or commit and bind over any person charged with such offense to secure
his appearance before the proper court.
Justices of the peace in the capitals of provinces may, by assignment of the
respective district judge in each case, have like jurisdiction as the Court of First
Instance to try parties charged with an offense committed within the province in which
the penalty provided by law does not exceed imprisonment for two years and four
months, or a ne of two thousand pesos, or both such imprisonment and ne, and, in
the absence of the district judge, shall have like jurisdiction within the province as the
Court of First Instance to hear applications for bail.
SECTION 88. Original Jurisdiction in Civil Cases. — In all civil actions,
including those mentioned in Rule 59 and 62 of the Rules of Court, arising in his
municipality or city, and not exclusively cognizable by the Court of First Instance, the
justice of the peace and the judge of a municipal court shall have exclusive original
jurisdiction where the value of the subject-matter or amount of the demand does not
exceed two thousand pesos, exclusive of interest and costs. In forcible entry and
detainer proceedings, the justice of the peace or judge of the municipal court shall have
original jurisdiction, but the said justice or judge may receive evidence upon the
question of title therein, whatever may be the value of the property, solely for the
purpose of determining the character and extent of possession and damages for
detention. In forcible entry proceedings, he may grant preliminary injunctions, in
accordance with the provisions of the Rules of Court, to prevent the defendant from
committing further acts of dispossession against the plaintiff.
The jurisdiction of a justice of the peace and judge of a municipal court shall not
extend to civil actions in which the subject of litigation is not capable of pecuniary
estimation, except in forcible entry and detainer cases; nor to those which involve the
legality of any tax, impost, to assessment; nor to actions involving admiralty or
maritime jurisdiction; nor to matters of probate, the appointment of guardians, trustees
or receivers; nor to actions for annulment of marriages: Provided, however, That
justices of the peace who are duly quali ed members of the bar may, with the approval
of the Secretary of Justice, be assigned by the respective district judge in each case to
hear and determine cadastral or land registration cases covering lots where there is no
controversy or opposition, or contested lots the value of which does not exceed two
thousand pesos, such value to be ascertained by the af davit of the claimant or by
agreement of the respective claimants, if there are more than one, or from the
corresponding declaration of real property.
Justices of the peace in the capitals of provinces and subprovinces in the
absence of the District Judge, Judge-at-Large or Cadastral Judge from the province
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 may exercise within the province like interlocutory jurisdiction as the Court of First
Instance, which shall be held to include the hearing of all motions for the appointment
of a receiver, for temporary injunctions, and for all other orders of the court which are
not nal in their character and do not involve a decision of the case of its merits, and
the hearing of petitions for a writ of habeas corpus.
SECTION 89. Traveling Expenses of Justices of the Peace Assigned to Hear
Civil, Cadastral and Criminal Cases. — Whenever a justice of the peace, upon
assignment by the district judge, either hears and determines cadastral or land
registration cases or exercises like jurisdiction as the Court of First Instance to try
parties charged with an offense committed within the province in which the penalty
provided by law does not exceed imprisonment for two years and four months, or a ne
of two thousand pesos, or both such imprisonment and ne, he shall receive, in addition
to his salary, during the time that he is acting by virtue of such assignment, a per diem
not to exceed ve pesos: Provided, however, That if said justice of the peace hears and
determines cadastral or land registration cases elsewhere than in the municipality in
which he exercises jurisdiction, upon the authority of the Secretary of Justice, he shall
be paid, in addition to his necessary traveling expenses, a per diem not to exceed
fifteen pesos to be fixed by the Secretary of Justice.
SECTION 90. Jurisdiction to Appoint Guardians. — Justices of the peace and
judges of municipal courts of chartered cities are empowered to appoint guardians or
guardians ad litem for litigants in their courts who are incapacitated by being of minor
age or mentally incapable.
SECTION 91. Incidental Powers of Justices of the Peace and Municipal
Courts. — The justice of the peace and municipal courts shall have power to administer
oaths and to give certi cates thereof; to issue summonses, writs, warrants, executions,
and all other processes necessary to enforce their orders and judgments; to compel
the attendance of witnesses; to punish contempts of court by ne or imprisonment, or
both, within the limitation imposed by Rules of Court, and to require of any person
arrested a bond for good behavior or to keep the peace, or for the further appearance
of such person before a court of competent jurisdiction. But no such bond shall be
accepted unless it be executed by the person in whose behalf it is made, with suf cient
surety or sureties, to be approved by said court.
SECTION 92. Fees Collectible by Justices of the Peace. — No fees,
compensation, or reward of any sort, except such as is expressly prescribed and
allowed by law, shall be collected or received for any service rendered by a justice of
the peace or by any officer or employee of his court.
SECTION 93. Moneys Paid Into Courts of Justices of the Peace — By whom
to be Received. — All moneys accruing to the Government in courts of justices of the
peace, including fees, nes, forfeitures, costs, or other miscellaneous receipts, and all
trust or depository funds paid into such courts shall be received by the deputy
provincial treasurer, or in the City of Manila by the Collector of Internal Revenue, for
disposition according to law. cdt

SECTION 94. Disposition of Government Moneys Derived from Courts of

Justices of the Peace. — Such of these moneys as accrue to the Government shall be
turned over to the Collector of Internal Revenue, who shall have the administrative
jurisdiction over such collections and shall pay the same into the National Treasury to
the credit of the general funds of the National Government.
SECTION 95. Monthly Report of Justice of the Peace. — On the rst of the
month each justice of the peace shall submit to the receiving of cer, upon forms
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 prescribed by the General Auditing Of ce, a detailed report of all of cial business
transacted by him or in his court during the preceding month, such as marriages
solemnized, actions begun, terminated, or pending in the court, together with an
itemized statement of all fees and costs collected and for what service.
SECTION 96. Supervision of District Judges Over Justice of the Peace —
Annual Report of Justice. — The District Judge shall at all times exercise a supervision
over the justices of the peace within his district, and shall keep himself informed of the
manner in which they perform their duties, by personal inspection whenever possible,
from reports which he may require from them, from cases appealed to his court, and
from all other available sources. In proper cases he shall advise and instruct them
whenever requested, or when occasion arises, and such justices of the peace shall
apply to him and not to the Secretary of Justice for advice and instruction, and any such
inquiries received by the Secretary of Justice shall be referred by him to the district
judge of the proper district.
The justice of the peace shall, during the rst ve days of the year, forward to the
District Judge a report concerning the business done in his court for the previous year,
upon forms to be prescribed by the Secretary of Justice.
Such report shall be led in the of ce of the clerk of the Court of First Instance,
and said District Judge of the district shall, with the assistance of said clerk, embody a
summary of such reports for each province of his district together with other matters
of interest and importance relative to the administration of justice therein, particularly
with reference to justice of the peace courts, in a brief report, which he shall forward as
soon as possible after the close of the fiscal year to the Department Head.
SECTION 97. Suspension and Removal. — If at any time the District Judge
has reason to believe that a justice of the peace is not performing his duties properly or
if complaints are made which, if true, would indicate that the justice is un t for the
of ce, he shall make such investigation of the same as the circumstances may seem to
him to warrant, and may, for good cause, reprimand the justice, or may recommend to
the President of the Philippines his removal from of ce, or his removal and
disquali cation from holding of ce, and may suspend him from of ce pending action
by the President of the Philippines. The President of the Philippines may, upon such
recommendation or on his own motion, remove from of ce any justice of the peace or
auxiliary justice of the peace.
SECTION 98. Final Disposition of Dockets. — When a justice of the peace
shall die or resign or shall be removed from of ce or shall remove from the jurisdiction
to which he was appointed, or when his of ce shall in any way become vacant, such
justice of the peace, or his legal representative in case of his death, shall, within ten
days thereafter, deliver his docket, process, papers, books, and all records relating to
his of ce to the justice appointed to ll the vacancy or to the auxiliary justice of the
same locality.
Where the documents and records aforesaid are delivered into the custody of the
auxiliary justice of the peace, it shall be his duty, during the time he shall perform the
duties of the of ce, safely to keep the same and to certify copies thereof whenever
lawfully demanded; and upon the appointment and quali cation of a justice of the
peace to ll the vacancy, the said auxiliary justice shall deliver all the documents and
records pertaining to the office in question to the new justice of the [Link]

When any violation of this section comes to the knowledge of the District Judge
having supervision over the of ce in question, it shall be his duty to issue a summary
order for the delivery of the documents and records aforesaid, under penalty of
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 contempt.
CHAPTER VI
Transitory and Final Provisions
SECTION 99. Repeal of Laws. — All laws and rules inconsistent with the
provisions of this Act are hereby repealed.
SECTION 100. Appropriation. — There is hereby appropriated from the
general funds, not otherwise appropriated, the sum of three hundred ve thousand ve
hundred thirteen pesos and thirty-three centavos to pay the salaries of the eleven
district judges that are created in this Act together with their corresponding personnel
and sundry expenses for the period from June rst, nineteen hundred forty-eight to
June thirtieth, nineteen hundred forty-nine.
SECTION 101. Date in which to Take Effect . — This Act shall take effect upon
its approval.
Approved: June 17, 1948
Published in the Official Gazette, Vol. 44, No. 12, p. 4757 in December 1948

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