WHEREAS,
there are at present 1,444 municipal courts exclusive of city courts in
the inferior courts level all over the country;chanroblesvirtualawlibrary
WHEREAS, a number of these municipal courts did not receive a single
case for investigation or trial during Fiscal Year 1971-1972 and
a still much bigger number received not more than 60 cases during the
said period; chanroblesvirtualawlibrary
WHEREAS, these municipal courts may be constituted into municipal
circuit courts each comprising two or more municipalities without
detriment to the administration of justice;chanroblesvirtualawlibrary
WHEREAS, the constitution of municipal circuit courts will mean
substantial savings in public funds which can be profitably utilized
for carrying out vital projects of the national government.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do
hereby decree and order that municipal circuit courts be
constituted and organized out of the present municipal courts of the
Land under and in accordance with the following conditions and
criteria: chanroblesvirtualawlibrary
1. The capital of a province shall not be grouped
with any other municipality except in the third, fourth, fifth, sixth
and seventh class provinces.
2. The municipalities to be constituted under a
municipal circuit court shall, as much as possible, be contiguous to
each other.
3. The circuit judge shall have his official station
in a municipality within the circuit which shall be as centrally
located and easily accessible as possible from the other municipalities
comprising the circuit.
4. The jurisdiction of municipal circuit courts of
which the capital of a province or sub-province is a part shall be the
same as that of the municipal courts of provincial capitals, while the
jurisdiction of other municipal circuit courts shall be the same
as that of ordinary municipal courts under existing law. chanroblesvirtualawlibrary
5. All cases arising within the circuit shall be
tried at the official station of the circuit judge; Provided, however,
that whenever the number of cases or the interest of the administration
of justice requires it, the Supreme Court may authorize the
circuit judge to hold session outside his official station but within
the circuit.
6. The municipal circuit courts shall be courts of
record. All proceedings therein shall be recorded, and appeals
from their judgments shall be taken and prosecuted in accordance with
the procedure prescribe under existing law and rules.
7. The Supreme Court shall carry out the provisions
of this decree through implementing orders, on a province-to-province
basis. chanroblesvirtualawlibrary
TRANSITORY PROVISIONS
1. Pending the issuance by the Supreme Court of the
implementing orders herein above authorized, the municipal courts shall
continue to function as presently constituted and organized. chanroblesvirtualawlibrary
2. The most senior in point of service in the
judiciary among the municipal judges of the municipalities constituted
into a circuit court shall be retained as municipal circuit judge,
unless the Supreme Court, in the interest of a better
administration of justice, deems it necessary to consider other
factors. The judge who is retained shall, with the approval of the
Supreme Court, appoint a clerk of court, two stenographers, a
clerk-interpreter, and such other personnel as may be provided by law,
giving preference to the qualified personnel of the municipal courts
comprising the circuit.
For this purpose, the Chief Justice is hereby authorized, within
the limits of appropriations authorized for the Municipal Courts,
to created additional positions, to make changes in the
assignment of personnel, and to effect such reorganization as may be
necessary.
3. Upon the issuance of the implementing orders by
the Supreme Court, the municipal circuit courts constituted thereunder
shall commence to exist. The municipal courts organized into the
circuit shall be deemed automatically abolished, and the incumbent
municipal judges not designated to continue as circuit judges
shall cease to hold office. chanroblesvirtualawlibrary
4. Municipal judges and subordinate employees who
shall be separated from office by reason of this decree shall be
entitled, in addition to the money value of their accumulated leave
credits, a gratuity equivalent to one month salary for every year
of service rendered but not exceeding twelve months on the basis of the
highest salary received, chargeable against savings in appropriations
for the courts; Provided, if said judges and employees are entitled to
gratuity or pension under any retirement law, they shall select
either the gratuity or pension under said retirement law or the
gratuity provided for in this decree.
5. All cases pending in the municipal courts
constituted and organized into a circuit shall be transferred to the
proper municipal circuit court and shall be tried and decided therein.
6. This decree shall not apply to city courts in
chartered cities. If a chartered city is reverted to a municipality,
such municipality shall be grouped with other municipalities
constituted under a municipal circuit court. chanroblesvirtualawlibrary
This Decree shall take effect immediately.
Done in the City of Manila,
this 12th day of August, in the year of Our Lord, nineteen hundred and
seventy-four.
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