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Republic Act No. 2613

REPUBLIC ACT NO. 2613 - AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED TWO HUNDRED AND NINETY-SIX, OTHERWISE KNOWN AS THE JUDICIARY ACT OF 1948, AS AMENDED.

REPUBLIC ACTS




REPUBLIC ACT NO. 2613

AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED TWO HUNDRED AND NINETY-SIX, OTHERWISE KNOWN AS "THE JUDICIARY ACT OF 1948", AS AMENDED.

Section 1. Sec. six of Republic Act Numbered Two hundred and ninety-six, as amended, is hereby amended to read as follows:

"Sec. 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 Court 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 National Treasury to the credit of the proper account or fund and under such regulations as shall be prescribed by the Auditor General: Provided, however, That twenty per cent of all fees collected shall be set aside as a special fund for the compensation of attorneys de oficio as may be provided for in the rules of court.

"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."

Sec. 2. Subparagraph five of paragraph three of section seventeen of the same Act is hereby amended to read as follows:

"(5) All civil cases in which the value in controversy exceeds two hundred thousand pesos, exclusive of interest and costs, or in which the title or possession of real estate exceeding in value the sum of two hundred 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 appeals in civil cases, even though the value in controversy, exclusive of interest and costs, is two hundred 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".chanrobles virtualaw library

Sec. 3. Sec. forty-four, paragraph (c), of the same Act is hereby amended to read as follows:

"Sec. 44. Original jurisdiction. Courts of First Instance shall have original jurisdiction:

xxx xxx xxx

"(c) In all cases in which the demand, exclusive of interest, or the value of the property in controversy, amounts to more than five thousand pesos;"

Sec. 4. Sec. forty-five of the same Act is hereby amended to read as follows:

"Sec. 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, except over appeals from cases tried by justices of the peace of provincial capitals or municipal judges pursuant to the authority granted under the last paragraph of Sec. eighty-seven of this Act."

Sec. 5. Sec. forty-nine of the same Act, as amended, is hereby further amended to read as follows:

"Sec. 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.

"The Second Judicial District, of the Provinces of Ilocos Norte, Ilocos Sur, Abra, City of Baguio, Mountain Province, and La Union;cralaw

"The Third Judicial District, of the Provinces of Pangasinan and Zambales, and the City of Dagupan;cralaw

"The Fourth Judicial District, of the Provinces of Nueva Ecija and Tarlac, and Cabanatuan City;cralaw

"The Fifth Judicial District, of the Provinces of Pampanga, Bataan and Bulacan;cralaw

"The Sixth Judicial District, of the City of Manila;cralaw

"The Seventh Judicial District, of the Province of Rizal, Quezon City and Pasay City, the Province of Cavite, City of Cavite, the City of Tagaytay, Trece Martires City and the Province of Palawan;cralaw

"The Eight Judicial District, of the Province of Laguna, the City of San Pablo, the Province of Batangas, the City of Lipa, and Provinces of Oriental Mindoro and Occidental Mindoro;cralaw

"The Ninth Judicial District, of the Provinces of Quezon and Camarines Norte;cralaw

"The Tenth Judicial District, of the Province of Camarines Sur, Naga City, and the Provinces of Albay, Catanduanes, Sorsogon and Masbate;cralaw

"The Eleventh Judicial District, of the Province of Capiz, Roxas City, the Provinces of Aklan, Romblon, Marinduque and Iloilo, the City of Iloilo, and the Province of Antique;cralaw

"The Twelfth Judicial District, of the Province of Occidental Negros, the Cities of Bacolod and Silar, the Province of Oriental Negros, Dumaguete City, and the subprovince of Siquijor;cralaw

"The Thirteenth Judicial District, of the Province of Samar, the City of Calbayog, the Province of Leyte, and the Cities of Ormoc and Tacloban;cralaw

"The Fourteenth Judicial District, the Province of Cebu, the City of Cebu and the Province of Bohol;cralaw

"The Fifteenth Judicial District, of the Provinces of Surigao and Agusan, Butuan City, the Province of Oriental Misamis, Cagayan de Oro City, the Provinces of Bukidnon and Lanao and the Cities of Iligan and Marawi; and

"The Sixteenth Judicial District, of the Province of Davao, the City of Davao, the Province of Cotabato and Occidental Misamis, Ozamis City, the Provinces of Zamboanga del Norte and Zamboanga del Sur, Zamboanga City, Basilan City, and the Province of Sulu." chanroblesvirtuallawlibrary

Sec. 6. Sec. fifty of the same Act, as amended, is hereby further amended to read as follows:

"Sec. 50. Judge of First Instance of Judicial Districts. Six 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 first and second branches thereof, respectively, the judge of the second branch to preside also over the Court of First Instance of Batanes; two judges shall preside over the Court of First Instance of Isabela, and shall be known as the judges of the first and second branches thereof; and two judges shall preside over the Court of First Instance of Nueva Vizcaya, to be known as judges of the first and second branches thereof.

"Eleven judges shall be commissioned for the Second Judicial District. Three judges shall preside over the Court of First Instance of Ilocos Norte; three judges shall preside over the Court of First Instance of Ilocos Sur; one judge shall preside over the Court of First Instance of Abra; one judge shall preside over the Court of First Instance of the City of Baguio and the Subprovince of Benguet; two judges shall preside over the Court of First Instance of La Union and shall be known as judges of the First and second branches thereof, respectively; one judge shall preside over the Court of First Instance of Mountain Province with jurisdiction covering the whole of Mountain Province, except the City of Baguio and the Subprovince of Benguet.

"Eleven judges shall be commissioned for the Third Judicial District. Nine judges shall preside over the Court of First Instance of Pangasinan and shall be known as judges of the first, second, third, fourth, fifth, sixth, seventh, eighth and ninth branches thereof, respectively. Two judges shall preside over the Court of First Instance of Zambales, and shall be known as judges of the first and second branches thereof, respectively.

"Five judges shall be commissioned for the Fourth Judicial District. Three judges shall preside over the Court of First Instance of Nueva Ecija and Cabanatuan City and shall be known as judges of the first, second, and third branches thereof, respectively; and two judges shall preside over the Court of First Instance of Tarlac, and shall be known as judges of the first and second branches thereof, respectively.

"Seven judges shall be commissioned for the Fifth Judicial District. Three judges shall preside over the Court of First Instance of Pampanga and shall be known as judges of the first, second and third branches thereof, respectively; one judge shall preside over the Court of First Instance of Bataan; and three judges shall preside over the Court of First Instance of Bulacan and shall be known as judges of the first, second and third branches thereof, respectively.

"Twenty-two judges shall be commissioned for the Sixth Judicial District. They shall preside over the Court of First Instance of Manila and shall be known as judges of the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, nineteenth, twentieth, twenty-first and twenty-second branches thereof, respectively.

"Thirteenth judges shall be commissioned for the Seventh Judicial District. Nine judges shall preside over the Courts of First Instance of the Province of Rizal, Quezon City, and Pasay City and shall be known as judges of the first, second, third, fourth, fifth, sixth, seventh, eighth and ninth branches thereof, respectively; three judges shall preside over the Courts of First Instance of the Province of Cavite and the Cities of Cavite, Tagaytay, and Trece Martires, and shall be known as judges of the first, second, and third branches thereof, respectively; and one judge shall preside over the Court of First Instance of Palawan.

"Eight judges shall be commissioned for the Eighth Judicial District. Four judges shall preside over the Courts of First Instance of Laguna and the City of San Pablo, and shall be known as judges of the first, second, third and fourth branches thereof, respectively; three judges shall preside over the Courts of First of Instance of Batangas and the City of Lipa, and shall be known as judges of the first, second and third branches thereof, respectively; and one judge shall preside over the Courts of First Instance of Mindoro Oriental and Mindoro Occidental.

"Five judges shall be commissioned for the Ninth Judicial District, Four judges shall preside over the Court of First Instance of Quezon and shall be known as judges of the first, second, third and fourth branches thereof, respectively; and one judge shall preside over the Court of First Instance of Camarines Norte.

"Twelve judges shall be commissioned for the Tenth Judicial District. Five judges shall preside over the Courts of Firs Instance of Camarines Sur and Naga City and shall be known as judges of the first, second, third, fourth and fifth branches thereof, respectively; three judges shall preside over the Court of First Instance of Albay and shall be known as judges of the first, second and third branches thereof; one judge shall preside over the Court of First Instance of Catanduanes; two judges shall preside over the Court of First Instance of the Province of Sorsogon; and one judge shall preside over the Court of First Instance of Masbate.

"Twelve judges shall be commissioned for the Eleventh Judicial District. Two judges shall preside over the Courts of First Instance of Capiz and Roxas City and shall be known as judges of the first and second branches thereof, respectively; one judge shall preside over the Court of First Instance of the Province of Romblon; one judge shall preside over the Court of First Instance of Marinduque; one judge shall preside over the Court of First Instance of the Province of Aklan; six judges shall preside over the Courts of First Instance of the Province of Iloilo and the City of Iloilo and shall be known as judges of the first, second, third, fourth, fifth and sixth branches thereof respectively; and one judge shall preside over the Court of First Instance of the Province of Antique.

"Seven judges shall be commissioned for the Twelfth Judicial District. Five judges shall preside over the Court of First Instance of Occidental Negros and the Cities of Bacolod and Silay and shall be known as judges of the first, second, third, fourth, and fifth branches thereof, respectively; and two judges shall preside over the Courts of First Instance of Oriental Negros, Dumaguete City, and the Subprovince of Oriental Negros, Dumaguete City, and the Subprovince of Siquijor.

"Thirteen judges shall be commissioned for the Thirteenth Judicial District. Six judges shall preside over the Court of First Instance of Samar and Calbayog City and shall be known as judges of the first, second, third, fourth, fifth and sixth branches thereof, respectively; and seven judges shall preside over the Courts of First Instance of Leyte and the cities of Ormoc and Tacloban, and shall be known as judges of the first, second, third, fourth, fifth, sixth and seventh branches thereof, respectively.

"Eleven judges shall be commissioned for the Fourteenth Judicial District. Eight 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 first, second, third, fourth, fifth, sixth, seventh and eighth branches thereof, respectively; and three judges shall preside over the Court of First Instance of Bohol.

"Nine judges shall be commissioned for the Fifteenth Judicial District. Two judges shall preside over the Court of First Instance of Surigao; one judge shall preside over the Court of First Instance of Agusan and Butuan City, four judges shall preside over the Court of First Instance of Oriental Misamis, Cagayan de Oro and Bukidnon, and shall be known as judges of the first, second, third, and fourth branches thereof, respectively; and two judges shall preside over the Court of First Instance of Lanao and the Cities of Marawi and Iligan, and shall be known as judges of the first and second branches thereof.

"Thirteen judges shall be commissioned for the Sixteenth Judicial District. Three judges shall preside over the Courts of First Instance of the Province of Davao and Davao City to be known as judges of the first, second and third branches thereof; three judges shall preside over the Court of First Instance of Cotabato, to be known as judges of the first, second and third branches thereof; one judge shall preside over the Court of First Instance of Occidental Misamis and Ozamis City; two judges shall preside over the Court of First Instance of Zamboanga del Norte to be known as judges of the first and second branches thereof; one judge shall preside over the Court of First Instance of Zamboanga del Sur; one judge shall preside over the Court of First Instance of Zamboanga City and Basilan City; and two judges shall preside over the Court of First Instance of Sulu, to be known as judges of the first and second branches thereof."chanroblesvirtuallawlibrary

Sec. 7. Sec. fifty-two of the same Act, as amended, is hereby further amended to read as follows:

"Sec. 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 first branch of the Court of First Instance of Cagayan and Batanes shall be stationed in the Municipality of Tuguegarao, Province of Cagayan, 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; one judge shall be stationed at Cauayan, same province and two judges, in the Municipality of Bayombong, Province of Nueva Vizcaya.

"For the Second Judicial District, three judges shall be stationed in the Municipality of Laoag, Province of Ilocos Norte; three judges in the Municipality of Vigan, Province of Ilocos Sur; one judge in the City of Baguio; one judge in the Municipality of Bangued, Province of Abra; two judges, in the Municipality of San Fernando, Province of La Union; and one judge in the municipality of Bontoc, Sub-province of Bontoc.

"For the Third Judicial District, two judges shall be stationed in the Municipality of Lingayen, Province of Pangasinan; three judges shall be stationed in the City of Dagupan; two judges, in the Municipality of Urdaneta, Province of Pangasinan; one judge, in the Municipality of Tayug, and another in the Municipality of Alaminos, same province; and two judges, in the Municipality of Iba, Province of Zambales.

"For the Fourth Judicial District, three judges shall be stationed in the City of Cabanatuan, and two judges 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 one judge shall be stationed in the Municipality of Guagua, Province of Pampanga; one judge in the Municipality of Balanga, Province of Bataan; three judges, in the Municipality of Malolos, Province of Bulacan.

"For the Seventh Judicial District, four judges shall be stationed in the Municipality of Pasig, Province of Rizal; two judges shall be stationed in Pasay City; and three judges in Quezon City; one judge, in the Municipality of Puerto Princesa, Province of Palawan; and three judges, in the City of Cavite: Provided, That one of the judges of the three branches thereof shall be stationed in the City of Trece Martires.

"For the Eighth Judicial District, one judge shall be stationed in the Municipality of Bin, Province of Laguna; two judges shall be stationed in the Municipality of Santa Cruz, same province, and one judge, in the City of San Pablo; the judge of the first branch of the Court of First Instance of Batangas shall be stationed in the Municipality of Batangas, Province of Batangas; and those of the second and third branches, in the City of Lipa and the Municipality of Balayan, Province of Batangas, respectively; and one judge, in the Municipality of Calapan, Province of Mindoro Oriental.

"For the Ninth Judicial District, two judges shall be stationed in the Municipality of Lucena, Province of Quezon; one judge shall be stationed in the Municipality of Gumaca, in the same province; one judge in the Municipality of Infanta in the same province; and one judge in the Municipality of Daet, Province of Camarines Norte.

"For the Tenth Judicial District, three judges shall be stationed in the City of Naga; one judge each shall be stationed in the Municipalities of Tigaon and Libmanan, Province of Camarines Sur; three judges, in the City of Legaspi, Province of Albay; one judge in the Municipality of Virac, Province of Catanduanes; one judge each in the Municipalities of Sorsogon and Gubat, Province of Sorsogon; and one judge, in the Municipality of Masbate, Province of Masbate.

"For the Eleventh Judicial District, two judges shall be stationed in Roxas City; one judge, in the Municipality of Romblon, Romblon; one judge in the Municipality of Boac, Marinduque; and one judge, in the Municipality of Kalibo, Province of Aklan; six judges in the City of Iloilo; and one judge, in the Municipality of San Jose de Buenavista, Province of Antique.

"For the Twelfth Judicial District, four judges shall be stationed in the City of Bacolod, one judge in the City of Silay; and two judges, in the City of Dumaguete.

"For the Thirteenth Judicial District, one judge shall be stationed in the Municipality of Catbalogan, Province of Samar; one judge in the Municipality of Borongan, same province; one judge in the Municipality of Laoang, same province; one judge in the Municipality of Catarman, same province; one judge in the City of Calbayog; and one judge in the Municipality of Guiuan, same province; three judges shall be stationed in the City of Tacloban; one judge in the Municipality of Maasin, Province of Leyte; one judge in the City of Ormoc; one judge in the Municipality of Carigara, Leyte; and one judge in the subprovince of Biliran, at Naval, Leyte.

"For the Fourteenth Judicial District, six judges shall be stationed in the City of Cebu; one judge each shall be stationed in the Municipalities of Barili and Bogo, Province of Cebu; two judges in the Municipality of Tagbilaran, Province of Bohol; and one judge in the Municipality of Talibon, same province.

"For the Fifteenth Judicial District, two judges shall be stationed in the Municipality of Surigao, Province of Surigao; one judge shall be stationed in the City of Cagayan de Oro; one judge in the Municipality of Malaybalay, Province of Bukidnon; one judge in the Municipality of Medina, Misamis Oriental; and one judge shall be stationed in the Municipality of Catarman, Camiguin Island, subject to call for service by the Secretary of Justice at Cagayan de Oro City; one judge shall be stationed in the City of Marawi, one judge in the City of Iligan; and one judge in the City of Butuan.

"For the Sixteenth Judicial District, three judges shall be stationed in the City of Davao; two judges shall be stationed in the City of Cotabato; one judge shall be stationed in the Municipality of General Santos, Province of Cotabato; one judge shall be stationed in the Municipality of Oroquieta, Province of Occidental Misamis; two judges in the Municipality of Dipolog, Province of Zamboanga del Norte, any one of whom shall be subject to call for service at Oroquieta, Misamis Occidental by the Secretary of Justice; one judge in the Municipality of Pagadian, Province of Zamboanga del Sur; one judge in the City of Zamboanga; one judge in the Municipality of Jolo, province of Sulu; and one judge in the Municipality of Siasi, same province." chanroblesvirtuallawlibrary

Sec. 8. Sec. fifty-four of the same Act, as amended is hereby further amended to read as follows:

"Sec. 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 herein 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 first 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.

"Second Judicial District: Whenever the interest of justice so requires, a special term of court shall be held at Lubuagan, Sub-province of Kalinga.

"Seventh Judicial District: At Coron and Cuyo, Province of Palawan, at least twice a year in each place on the dates to be fixed by the District Judge or as the interest of justice may require; and at Brooke's Point, same Province, at least once a year on dates to be fixed by the District Judge or as the interest of justice may require.

"Eight Judicial District: The judge shall hold special term at the Municipalities of Lubang, Mamburao and San Jose, Mindoro Occidental; Pinamalayan and Roxas, Mindoro Oriental, once every year, as may be determined by him.

"Eleventh Judicial District: At Culasi, Province of Antique, on the first Tuesday of December of each year; and at Mambusao, Province of Capiz, a special term of Court shall be held at least once a year on dates to be fixed by the District Judge.

"Twelfth Judicial District: At Larena, Subprovince of Siquijor, on the first Tuesday of August of each year.

"Thirteenth Judicial District: The Calbayog branch to hold court at Basey, Samar, on the first Tuesday of January of each year; the Borongan branch, at Oras, same province, on the first Tuesday of July of each year; the Laoang branch, at Gamay, same province, on the first Tuesday of July of each year; and the Catarman branch, at Allen, same province, on the first Tuesday of July of each year.

"Fifteenth Judicial District: one branch to hold court at Cantilan, Province of Surigao, on the first Tuesday of August of each year; and a special term of court shall also be held by the other branch once a year in either the municipality of Tandag or the Municipality of Hinatuan, Province of Surigao, in the discretion of the district judge; the Catarman branch to hold court at Mambajao, Province of Oriental Misamis, on the last Tuesday of March of each year. A special term of court may, likewise, be held once a year by any of the judges of the province of Misamis Oriental and Cagayan de Oro City either in the Municipality of Talisayan or in the Municipality of Gingoog, Province of Oriental Misamis, in the discretion of the Secretary of Justice. Special terms of court shall be held at any time of the year at the Municipalities of Baroy and Malabang, Province of Lanao.

"Sixteenth Judicial District: Terms of court shall be held in the Municipality of Sindangan, Province of Zamboanga del Norte, on the dates to be fixed by any of the district judges; at the City of Basilan, at least four times a year on dates to be fixed by the judge sitting at Zamboanga City; and at Banganga and Mati, Province of Davao, terms of court shall be held at least once a year on dates to be fixed by any of the district judges. Terms of court shall be held in any municipality in the Province of Sulu whenever the interest of justice so requires."chanroblesvirtuallawlibrary

Sec. 9. Sec. seventy-one of the same Act is hereby amended to read as follows:

"Sec. 71. Qualifications for the office of Justice of thePeace. No person shall be eligible for appointment as justice of the peace or auxiliary justice of the peace unless he is (1) at least twenty-five years of age; (2) a citizen of the Philippines; (3) of good moral character and has not been convicted of any felony; (4) has been admitted by the Supreme Court to the practice of law; and (5) has practiced law in the Philippines for a period of not less than three years or has held during a like period, within the Philippines, and office requiring admission to the practice of law in the Philippines as an indispensable requisite."

Sec. 10. Sections eighty-seven and eighty-eight of the same Act are hereby amended to read as follows:

"Sec. 87. Original jurisdiction to try criminal cases. Justice 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 jurisdiction;cralaw

"(b) All criminal cases arising under the laws relating to:

"(1) Gambling and management or operation of lotteries;cralaw

"(2) Assaults where the intent to kill is not charged or evident upon the trial;cralaw

"(3) Larceny, embezzlement and estafa where the amount of money or property stolen, embezzled, or otherwise involved, does not exceed the sum or value of two hundred pesos;cralaw

"(4) Sale of intoxicating liquors;cralaw

"(5) Falsely impersonating an officer;cralaw

"(6) Malicious mischief;cralaw

"(7) Tresspass on government or private property;cralaw

"(8) Threatening to take human life; and

"(9) Illegal possession of firearms.chanroblesvirtuallawlibrary

"(c) All other offenses except violation of election laws 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;chanroblesvirtuallawlibrary

"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.

"Justice of the peace in the capitals of provinces and Judges of Municipal Courts shall 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 prision correctional or imprisonment for not more than six years or fine not exceeding three thousand pesos or both, and in the absence of the district judge, shall have like jurisdiction with the province as the Court of First Instance to hear application for bail.

"All cases filed under the next preceding paragraph with Justices of the Peace of capitals and municipal court judges shall be tried and decided on the merits by the respective justices of the peace or municipal judges. Proceedings had shall be recorded and decisions therein shall be appealable direct to the Court of Appeals or the Supreme Court, as the case may be."

"Sec. 88. Original jurisdiction in civil cases. In all civil actions, including those mentioned in Rules fifty-nine and sixty-two 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 five thousand pesos, exclusive of interests and costs. Where there are several claims or causes of action between the same parties embodied in the same complaint, the amount of the demand shall be the totality of the demand in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions; but where the claims or causes of action joined in a single complaint are separately owned by or due to different parties, each separate claim shall furnish the jurisdictional test. In forcible entry and detainer proceedings, the justice of the peace or judge of the municipal court shall 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 action 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, or assessment; nor to actions involving admiralty or maritime jurisdiction; nor to matters of probate, the appointment of guardians, trustees or receivers; nor to action for annulment of marriages: Provided, however, That justices of the peace 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 to be ascertained by the affidavit of the claimant or by agreement of the respective claimants, if there are more than one, or from the corresponding tax declaration of real property.

"Justices of the peace in the capitals of provinces and subprovinces and also municipal judges of chartered cities, in the absence of the District Judge from the province 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 appointments of a receiver, for temporary injunctions, and for all other orders of the court which are not final in their character and do not involve a decision of the case on its merits, and the hearing of petitions for a writ of habeas corpus."

Sec. 11. The first paragraph of section sixty-eight of the same Act is hereby amended to read as follows:

"Sec. 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: Provided, That in addition to the present number of municipal judges in the City of Manila and Quezon City as provided for in their respective charters, there shall be two additional municipal judges for the City of Manila and one additional municipal judge for Quezon City, who shall have jurisdiction, assignment and compensation provided for in the charter of their respective cities.chanrobles virtualaw library

Sec. 12. There is hereby appropriated, out of any funds in the National Treasury not otherwise appropriated, such sum as may be necessary to carry out the purpose of this Act.chanrobles virtualaw library

Sec. 13. This Act shall take effect upon its approval.

Approved: August 1, 1959




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