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PRESIDENTIAL DECREE NO. 289
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PRESIDENTIAL DECREE NO. 289
- AMENDING Section 24 OF THE JUDICIARY ACT, AS AMENDED
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WHEREAS,
the enlarged jurisdiction of the Court of Appeals and the number of
cases now directly appealable thereto from city and municipal courts
have considerably increased the number of cases appealed to the Court;chanroblesvirtualawlibrary
WHEREAS, under the new Constitution, the Court of Appeals is required
to decide cases within 12 months from date of submission;chanroblesvirtualawlibrary
WHEREAS, the backlog of pending cases in the Court of Appeals will
mount unless its membership is increased; and
WHEREAS, there is also a need to delete the statutory mode
(impeachment) by which the members of the Court of Appeals may be
disciplined because it conflicts with Article X, Section 7, of the
Constitution;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081 dated September 21, 1972, and General
Order No. 1 dated September 22, 1972, as amended, do hereby further
amend Section twenty-four of Republic Act numbered two hundred and
ninety-six, as amended to read as follows:cralaw:red
"Sec. 24. The Court of Appeals. — The Courts of
Appeals of the Philippines shall consist of a Presiding Justice and
thirty-five 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 dates of their respective
commissions, or when the commission 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 any member of the Court of Appeals who has been reappointed to
that court after rendering services 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.
"The Court of Appeals shall, as a body, sit en banc but it may sit in
twelve divisions of three Justices each. The twelve divisions may sit
at the same time." chanroblesvirtualawlibrary
This Decree shall take effect immediately.
Done in the City of Manila,
this 7th day of September, in the year of Our Lord, nineteen hundred
and seventy-three.
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