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| REPUBLIC ACT NO. 1409 - AN ACT TO
AMEND CERTAIN SECTION OF REPUBLIC ACT NUMBERED TWELVE HUNDRED
SIXTY-SEVEN |
| Section 1.
Section one of Republic Act Numbered Twelve hundred sixty-seven is
amended to read as follows: "Section 1.
Creation. — For the enforcement of all laws and regulations governing
the relation of capital and labor on all agricultural lands under any
system of cultivation, there is hereby created a Court of Agrarian
Relations, which shall be under the executive supervision of the
Department of Justice."
Section 2. Section two of the same Act is amended to read as follows: "Section 2. The
Court; its Composition. — The Court shall consist of an Executive Judge
and eight Associate Judges with the rank of Judges of the Court of
First Instance, who shall be appointed by the President of the
Philippines with the consent of the Commission on Appointments of the
Congress. There shall be no seniority in rank among the Associate
Judges by reason of service or otherwise.
"The Judges may be suspended or
removed in the same manner and upon the same grounds as the Judges of
the Court of First Instance.
"The Court shall keep a record of its procedure and its orders or decisions shall be appealable directly to the Supreme Court, in accordance with the provisions of sections twelve and thirteen." Section 3. The first paragraph of section three of the same Act is amended to read as follows: "Section 3.
Qualifications of Judges; their Tenure of Office; Compensation; Oath of
Office; and Vacation Period. — The Executive Judge and the Associate
Judges shall have the same qualifications as Judges of the Court of
First Instance and, in addition, shall have engaged in the actual
practice of law or shall have held a government position requiring the
qualifications of a lawyer for at least ten years prior to their
appointments and must be at least thirty-five years of age. They shall
hold office during good behavior until they reach the age of seventy
years or become incapacitated to discharge the duties of their office."
Section 4. The first paragraph of section six of the same Act is amended to read as follows: "Section 6. The
Court; its Seat. — The Court of Agrarian Relations, except for the
Executive Judge who shall sit in Manila and the adjacent provinces and
perform the administrative functions of the Court, shall have its seat
in the capital of the province where each Judge is assigned. The
Executive Judge shall assign at least one Judge to any province who
shall hear and decide matters and/or cases brought before the Court
under the provision of this Act. The decision of one Judge on any
matter or case brought before the Court shall be the decision of the
Court."
Section 5. Section seven of the same Act is amended to read as follows: "Section 7.
Jurisdiction of the Court. — The Court shall have original and
exclusive jurisdiction over the entire Philippines, to consider,
investigate, decide, and settle all questions, matters, controversies
or disputes involving all those relationships established by law which
determine the varying rights of persons in the cultivation and use of
agricultural land where one of the parties works the land: Provided,
however, That cases pending in the Court of Industrial Relations upon
approval of this Act which are within the jurisdiction of the Court of
Agrarian Relations, shall be transferred to, and the proceedings
therein continued in, the latter court."
Section 6. The first paragraph of section ten of the same Act is amended to read as follows: "Section 10.
Rules of Procedure. — The Court of Agrarian Relations shall adopt its
rules of procedure and shall have such other powers as generally
pertain to a court of justice: Provided, however, That in the hearing,
investigation and determination of any question or controversy and in
exercising any duty and power under this Act, the Court shall, in the
hearing and determination of cases pending before it, not be bound
strictly by the technical rules of evidence."
Section 7. Section twelve of the same Act is amended to read as follows: "Section 12.
Execution of Orders or Decisions. — At the expiration of fifteen days
from notice of the order or decision, judgment shall be entered in
accordance therewith, unless during said fifteen days an aggrieved
party shall move for a reconsideration of the order or decision or
appeal therefrom to the Supreme Court as provided for in the next
succeeding section. The institution of an appeal shall not stay the
execution of the order or decision sought to be reviewed, unless for a
special reason, the Court of Agrarian Relations or the Supreme Court
shall order that execution be stayed, in which event the Court, in its
discretion, may require the appellant to deposit with the Clerk of
Court such amount as would answer for the sum involved in the order or
decision or require him to give bond in such form and of such amount as
to insure compliance with the order or decision in case the same is
confirmed: Provided, however, That an order or decision ejecting a
tenant from his landholding shall not be executed until after the
decision has become final and conclusive.
"Any order or decision of the
Court of Agrarian Relations after it has become executory may be
enforced by a writ of execution or any other remedy provided by law in
respect to enforcement and execution of orders, decisions, or judgments
of the Courts of First Instance."
Section 8. Section thirteen of the same Act is amended to read as follows: "Section 13.
Review by the Supreme Court. — Appeal may be taken from an order or
decision of the Court of Agrarian Relations promulgated under the
provisions of this Act and a review of such order or decision may be
obtained in the Supreme Court by filing in such court within fifteen
days from receipt of notice of such order or decision a written
petition praying that it be modified or set aside in whole or in part.
The review by the court shall be limited to questions of law, and
findings of fact when the decision is not supported by substantial
evidence."
Section 9. Section fourteen of the same Act is totally repealed. Section 10. The first paragraph of section fifteen of the same Act is amended to read as follows: "Section 15.
Personnel of the Court. — Upon the recommendation of the Secretary of
Justice, the President of the Philippines, with the consent of the
Commission on Appointments of the Congress of the Philippines, shall
appoint the Commissioners of the Court and the clerks of court. The
deputy clerks of said Court and such other employees as may be required
in the interest of judicial service in addition to the personnel
transferred from the Tenancy Division of the Court of Industrial
Relations as provided in section eleven of this Act shall be appointed
by the Executive Judge, with the approval of the Court, subject to the
Civil Service rules and regulations.
Section 11. Section seventeen of the same Act is amended to read as follows: "Section 17.
Abolition of the Tenancy Division of the Court of Industrial Relations.
— The Tenancy Division of the Court of Industrial Relations is hereby
abolished and the powers and functions thereof under Commonwealth Act
Numbered One hundred three, as amended, together with the
appropriations of the Tenancy Division of said Court provided for under
Republic Act Numbered Thirteen hundred and fifty, its personnel with
Civil Service eligibility, property and equipment, are hereby
transferred to the Court of Agrarian Relations: Provided, however, That
the aforementioned personnel who actually rendered service after the
date of approval of Republic Act Numbered Twelve hundred and
sixty-seven shall be entitled to payment of their salaries for such
service upon certification of the Secretary of Justice that they have
rendered such services.
Section 12. Section eighteen of the same Act is amended to read as follows: "Section 18.
Appropriations. — In addition to the appropriation mentioned in the
preceding section, the sum of four hundred thousand pesos, or so much
thereof as may be necessary, is hereby appropriated out of the
unappropriated funds in the Philippine Treasury for salaries, per diem,
traveling expenses, purchases of materials and equipment and other
necessary sundry expenses that may be incurred in the carrying out of
the provisions of this Act up to the last day of the fiscal year
nineteen hundred and fifty-six. The expenses for the succeeding years
shall be provided for in the current appropriations for such
years.
Section 13. This Act shall take effect upon its approval. Approved: September 9, 1955 |


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