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PRESIDENTIAL DECREE NO. 1482
PRESIDENTIAL DECREE NO. 1482 -
FURTHER AMENDING THE JUDICIARY ACT OF 1948, REPUBLIC ACT NO. 296, AS
AMENDED, BY INCREASING THE NUMBER OF ASSOCIATE JUSTICES OF THE COURT OF
APPEALS TO FORTY-FOUR
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WHEREAS,
the dockets of the Court of Appeals are clogged and the increasing
number of cases now before it will clog its dockets further unless
remedial measures are taken; chanroblesvirtualawlibrary
WHEREAS, justice is unduly delayed tantamount to its denial to parties
whose cases have long been pending before the Court of Appeals;chanroblesvirtualawlibrary
WHEREAS, apart from other remedial measures which the Supreme Court in
the exercise of its administrative authority over court may devise, it
becomes imperative to increase the number of Justices of the Court of
Appeals.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution of the
Philippines, do hereby decree as follows:cralaw:red
Section 1. Chapter III, Section 24 of Republic Act
No. 296, as amended, is hereby amended to read as follows:cralaw:red
"Sec. 24. The Court of Appeals. — The Court of
Appeals of the Philippines shall consist of a Presiding Justice and
forty-four Associate Justices who shall be appointed by the President
of the Philippines. 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 date 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. Provided, however,
That a member of the Court of Appeals appointed to any other branch of
the government shall receive as compensation from that branch not less
than his compensation in the Court of Appeals. Any such member who is
re-appointed 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 purpose, be considered as continuous and
uninterrupted. chanroblesvirtualawlibrary
The Court of Appeals shall, as a body sit in banc but it may sit in
fifteen divisions of three justices each. The fifteen divisions may sit
at the same time."
Section 2. The first paragraph of Section 33 of the
same Act is hereby amended to read as follows:cralaw:red
"Sec. 33. Quorum of the Court. — Twenty-four
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 twenty-four 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 a majority of such
division shall be necessary for the pronouncement of a judgment."
Section 3. Section 37 of the same Act is hereby
amended to read as follows:cralaw:red
"Sec. 37. Appointment by Court of Appeals of deputy
clerks of court and other officers. — The Court may appoint fifteen
deputy clerks of court who shall have the same qualifications as those
of the clerk of the Court of Appeals, and other officers in such
number, and such compensation as now, and may be hereafter, authorized."
Section 4. The sum of Two Million Pesos is hereby
appropriated, out of any funds in the National Treasury not otherwise
appropriated, for the salaries and allowances of the additional
Justices as well as those of the complementary officers and personnel
during the current calendar year, whose positions are hereby created,
and for such other expenses necessary to provide them with offices and
equipment.
Section 5. This decree shall take effect
immediately. chanroblesvirtualawlibrary
Done in the City of Manila,
this 10th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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