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Republic Act No. 1605

PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY

REPUBLIC ACTS




REPUBLIC ACT NO. 1605
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.cralaw

"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.cralaw

"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.cralaw

"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.cralaw

Sec. 6. This Act shall take effect upon its approval.cralaw

Approved: August 23, 1956

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