Be
it enacted by the Senate and House of Representatives of the
Philippines
in Congress assembled:
Section 1. Sec. 3, Chapter 1 of Batas Pambansa Blg. 129, as amended, is hereby further amended to read as follows: "Sec. 3. Organization. - There is hereby
created a Court of
Appeals
which shall consist of a Presiding Justice and sixty-eight (68)
Associate
Justices who shall be appointed by the President of the Philippines.
The
Presiding Justice shall be so designated in his appointment, and the
Associate
Justices shall have precedence according to the dates
of their respective appointments, or when the appointments of two or
more
of them shall bear the same date, according to the order in which their
appointments were issued by the President. Any member who is
reappointed
to the Court after rendering service in any other position in the
government
shall retain the precedence to which he was entitled under his original
appointment, and his service in the court shall, for all intents and
purposes,
be considered as continuous and uninterrupted."
Sec. 2. Sec. 4
of Batas Pambansa Blg. 129, as amended, is hereby
further amended to read as follows:
"Sec. 4. Exercise of Powers and Functions. -
The Court of
Appeals
shall exercise its powers, functions, and duties through twenty-three
(23)
divisions, each composed of three (3) members. The Court may sit en
banc
for the purpose of exercising administrative, ceremonial or other
non-adjudicatory
functions."
Sec. 3. Sec. 10 of Batas Pambansa Blg. 129, as amended, is hereby further amended to read as follows: "Sec. 10. Place of Holding Sessions. - The
Court of Appeals
shall
have its permanent stations as follows: the first seventeen (17)
divisions
shall be stationed in the City of Manila for cases coming from the
First
to the Fifth Judicial Regions; the Eighteenth, Nineteenth, and
Twentieth
Divisions shall be in Cebu City for cases coming from the
Sixth,
Seventh and Eighth Judicial Regions; the Twenty-first, Twenty-second
and
Twenty-third Divisions shall be in Cagayan de Oro City for
cases coming from the Ninth, Tenth, Eleventh, and Twelfth Judicial
Regions.
Whenever demanded by public interest, or whenever justified by an
increase
in case load, the Supreme Court, upon its own initiative or upon
recommendation of the Presiding Justice of the Court of Appeals, may
authorize
any division of the Court to hold sessions periodically, or for such
periods
and at such places as the Supreme Court may determine, for the
purpose
of hearing and deciding cases. Trials or hearings in the Court of
Appeals
must be continuous and must be completed within three (3) months unless
extended by the Chief Justice of the Supreme Court."
Sec. 4. The amount necessary to carry out the provisions of this Act shall be included in the General Appropriations Act of the year following its enactment into law and thereafter. Sec. 5. Upon the effectivity of this Act, all pending cases, except those which have been submitted for resolution, shall be referred to the proper division of the Court of Appeals. Sec. 6. Nothing in this Act shall be construed to allow the transfer, except in cases of temporary assignment, of any member of the Court of Appeals to any place or station without his or her written consent, or to undermine the security of tenure of its members as provided in the Constitution, or alter the seniority in said Court in accordance with existing laws. Sec. 7. The Supreme Court is hereby authorized and empowered to constitute a Study Committee composed of a member of the Judiciary, the prosecution, the Integrated Bar of the Philippines (IBP), a representative of the association of law colleges and law professors, and a member of the public at large. The Committee shall undertake a serious study as to the feasibility and desirability of setting up a Regional Circuit Courts of Appeals in lieu and in place of the present Court of Appeals System. The Supreme Court shall submit the findings and recommendations of this Committee to Congress one (1) year after the effectivity of this Act. Sec. 8. Separability Clause. - If any portion or provision of this Act is declared unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in force and effect. Sec. 9. Repealing Clause. - All laws, presidential decrees, letters of instruction, executive orders, rules and regulations, or any part thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Sec. 10. Effectivity. - This Act shall take effect after fifteen (15) days following its publication in two (2) newspapers of general circulation. Approved:
30 December 1996
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