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Preliminary Chapter
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Section 1
Title.
This Act shall be known as "The Judiciary Reorganization Act of 1980."
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Section 2
Scope.
The reorganization herein provided shall include the Court of Appeals, the Court of First Instance, the Circuit Criminal Courts, the Juvenile and Domestic Relations Courts, the Courts of Agrarian Relations, the City Courts, the Municipal Courts, and the Municipal Circuit Courts.
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Section 1
Title.
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Chapter I
Court of Appeals
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Section 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 another 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.
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Section 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 nonadjudicatory functions.
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Section 5
Succession to Office of Presiding Appellate Justice.
In case of a vacancy in the Office of the Presiding Appellate Justice or in the event of his absence or inability to perform the powers, functions, and duties of his office, the Associate Appellate Justice who is first in precedence shall perform his powers, functions, and duties until such disability is removed, or another Presiding Appellate Justice is appointed and has qualified.
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Section 6
Who Presides Over Sessions of a Division.
If the Presiding Appellate Justice is present in any session of a division of the Court, he shall preside. In his absence, the Associate Appellate Justice attending such session who has precedence shall preside.
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Section 7
Qualifications.
The Presiding Appellate Justice and the Associate Appellate Justices shall have the same qualifications as those provided in the Constitution for Justices of the Supreme Court.
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Section 8
Grouping of Divisions.
Of the ten (10) divisions of the Court, four (4) divisions, to be known as Civil Cases Divisions, shall take cognizance of appeals in civil cases originating from the Regional Trial Courts; two (2) divisions, to be known as Criminal Cases Divisions, of appeals in criminal cases originating from the Regional Trial Courts; and four (4) divisions, to be known as Special Cases Divisions, of original actions or petitions, petitions for review, and appeals in all other cases, including those from administrative agencies, except as provided in Section 9 hereof.
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Except with respect to the Presiding Appellate Justice, the appointment of a member of the Court shall specifically indicate whether it is for the Civil Cases Divisions, the Criminal Cases Divisions, or the Special Cases Divisions of the Court. No member of the Court appointed to any of the three classes of divisions shall be assigned to any of the other classes of divisions, except when authorized by the Supreme Court, upon recommendation of the Intermediate Appellate Court en banc, if the exigencies of the service so require, but such transfer shall in no case be for more than six (6) months: Provided, however, That this prohibition shall not apply if the transfer occurs by reason of a permanent vacancy in the chairmanship of any division, in which case the Associate Appellate Justice who is next in precedence shall assume the chairmanship.
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There shall be no seniority or precedence in rank among the divisions of the Court.
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Section 9
Jurisdiction.
The Court of Appeals shall exercise:
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1
Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;
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Exclusive original jurisdiction over actions for annulment of judgment of Regional Trial Courts; and
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3
Exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commissions, including the Securities and Exchange Commission, the Social Security Commission, the Employees Compensation Commission and the Civil Service Commission, except those falling within the appellate jurisdiction of the Supreme Court in accordance with the Constitution, the Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of this Act, and of subparagraph (1) of the third paragraph and subparagraph (4) of the fourth paragraph of Section 17 of the Judiciary Act of 1948.
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The Court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or further proceedings. 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.
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Section 10
Place of Holding Sessions.
The Intermediate Appellate Court shall have its permanent station in the City of Manila. Whenever demanded by public interest, the Supreme Court, upon its own initiative or upon recommendation of the Presiding Appellate Justice, may authorize a division of the Court to hold sessions outside Manila, periodically, or for such periods and at such places as the Supreme Court may determine, for the purpose of hearing and deciding cases.
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Section 11
Quorum.
A majority of the actual members of the Court shall constitute a quorum for its session en banc. Three members shall constitute a quorum for the sessions of a division. The unanimous vote of the three members of a division shall be necessary for the pronouncement of a decision or final resolution, which shall be reached in consultation before the writing of the opinion by any member of the division. In the event that the three members do not reach a unanimous vote, the Presiding Justice shall request the Raffle Committee of the Court for the designation of two additional Justices to sit temporarily with them, forming a special division of five members and the concurrence of a majority of such division shall be necessary for the pronouncement of a decision or final resolution. The designation of such additional Justices shall be made strictly by raffle.
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Section 12
Internal Rules.
The Court en banc is authorized to promulgate rules or orders governing the constitution of the divisions and the assignment of Appellate Justices thereto, the distribution of cases, and other matters pertaining to the operations of the Court or its divisions. Copies of such rules and orders shall be furnished the Supreme Court, which rules and orders shall be effective fifteen (15) days after receipt thereof, unless directed otherwise by the Supreme Court.
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Section 3
Organization.
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Chapter II
Regional Trial Courts
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Section 13
Creation of Regional Trial Courts.
There are hereby created thirteen (13) Regional Trial Courts, one for each of the following judicial regions:
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The First Judicial Region, consisting of the provinces of Abra, Benguet, Ilocos Norte, Ilocos Sur, La Union, Mountain Province, and Pangasinan, and the cities of Baguio, Dagupan, Laoag, and San Carlos;
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The Second Judicial Region, consisting of the provinces of Batanes, Cagayan, Ifugao, Isabela, Kalinga-Apayao, Nueva Vizcaya, and Quirino;
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The Third Judicial Region, consisting of the provinces of Bataan, Bulacan, (except the municipality of Valenzuela), Nueva Ecija, Pampanga, Tarlac, and Zambales, and the cities of Angeles, Cabanatuan, Olongapo, Palayan, and San Jose;
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The National Capital Judicial Region, consisting of the cities of Manila, Quezon, Pasay, and Caloocan, and the municipalities of Navotas, Malabon, San Juan, Mandaluyong, Makati, Pasig, Pateros, Taguig, Marikina, Parañaque, Las Piñas, Muntinlupa, and Valenzuela;
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The Fourth Judicial Region, consisting of the provinces of Batangas, Cavite, Laguna, Marinduque, Mindoro Occidental, Mindoro Oriental, Palawan, Quezon, Rizal (except the cities and municipalities embraced within the National Capital Judicial Region), Romblon, and Aurora, and the cities of Batangas, Cavite, Lipa, Lucena, Puerto Princesa, San Pablo, Tagaytay, and Trece Martires;
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The Fifth Judicial Region, consisting of the provinces of Albay, Camarines Sur, Camarines Norte, Catanduanes, Masbate, and Sorsogon, and the cities of Legaspi, Naga, and Iriga;
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The Sixth Judicial Region, consisting of the provinces of Aklan, Antique, Capiz, Iloilo, and Negros Occidental, and the cities of Bacolod, Bago, Cadiz, Iloilo, La Carlota, Roxas, San Carlos, and Silay, and the sub-province of Guimaras;
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The Seventh Judicial Region, consisting of the provinces of Bohol, Cebu, Negros Oriental, and Siquijor, and the cities of Bais, Canlaon, Cebu, Danao, Dumaguete, Lapu-Lapu, Mandaue, Tagbilaran and Toledo;
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The Eighth Judicial Region, consisting of the provinces of Eastern Samar, Leyte, Northern Samar, Southern Leyte, and Samar, the sub-province of Biliran, and the cities of Calbayog, Ormoc, and Tacloban;
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The Ninth Judicial Region, consisting of the provinces of Basilan, Sulu, Tawi-Tawi, Zamboanga del Norte, and Zamboanga del Sur, and the cities of Dapitan, Dipolog, Pagadian, and Zamboanga;
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The Tenth Judicial Region, consisting of the provinces of Agusan del Norte, Agusan del Sur, Bukidnon, Camiguin, Misamis Occidental, Misamis Oriental, and Surigao del Norte, and the cities of Butuan, Cagayan de Oro, Gingoog, Ozamiz, Oroquieta, Surigao and Tangub; casia
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The Eleventh Judicial Region, consisting of the provinces of Davao del Norte, Davao Oriental, Davao del Sur, South Cotabato and Surigao del Sur, and the cities of Davao and General Santos; and
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The Twelfth Judicial Region, consisting of the provinces of Lanao del Norte, Lanao del Sur, Maguindanao, North Cotabato, and Sultan Kudarat, and the cities of Cotabato, Iligan, and Marawi.
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In case of transfer or redistribution of the provinces, sub-provinces, cities or municipalities comprising the regions established by law for purposes of the administrative field organization of the various departments and agencies of the government, the composition of the judicial regions herein constituted shall be deemed modified accordingly.
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Section 14
Regional Trial Courts.
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Seventy-two Regional Trial Judges shall commissioned for the First Judicial Region. There shall be:
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Three branches with seats thereat for the Province of Abra, with seats at Bangued and Bucay;
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Fourteen branches with seats thereat for the Province of Benguet and the City of Baguio, with seats at Baguio City, La Trinidad and Buguias;
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Ten branches with seats thereat for the Province of Ilocos Norte and the City of Laoag, with seats at Laoag City, Batac, and Bangui;
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Eight branches with seats thereat for the Province of Ilocos Sur, with seats at Vigan, Narvacan, Candon, Cabugao, and Tagudin;
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Eleven branches with seats thereat for the Province of La Union, with seats at San Fernando, Agoo, Bauang, and Balaoan;
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Two branches with seats thereat for Mountain Province, with seats at Bontoc; and
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Twenty-four branches with seats thereat for the Province of Pangasinan and the Cities of Dagupan and San Carlos, with seats at Lingayen, Dagupan City, Urdaneta, Villasis, Tayug, Rosales, Alaminos, Burgos, and San Carlos City.
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Thirty-eight Regional Trial Judges shall be commissioned for the Second Judicial Region. There shall be:
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Thirteen branches with seats thereat for the Province of Cagayan, with seats at Tuguegarao, Aparri, Tuao, Sanchez Mira, and Ballesteros;
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One branch for the Province of Batanes, with seat at Basco;
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Three branches with seats thereat for the Province of Ifugao, with seats at Lagawe, Alfonso Lista, and Banaue;
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Eleven branches with seats thereat for the Province of Isabela, with seats at Ilagan, Cauayan, Santiago, Cabagan, Roxas, and Echague;
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Two branches with seats thereat for the Province of Kalinga-Apayao, with seats at Tabuk and Luna;
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Five branches with seats thereat for the Province of Nueva Vizcaya, with seats at Bayombong and Bambang; and
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Three branches with seats thereat for the Province of Quirino, with seats at Cabarroguis and Maddela.
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Ninety-four Regional Trial Judges shall be commissioned for the Third Judicial Region. There shall be:
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Ten branches with seats thereat for the Province of Bataan, with seats at Balanga, Mariveles and Dinalupihan;
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Twenty-seven branches with seats thereat for the Province of Bulacan (except the Municipality of Valenzuela), with seats at Malolos;
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Twenty-two branches with seats thereat for the Province of Nueva Ecija and the Cities of Cabanatuan, San Jose and Palayan, with seats at Cabanatuan City, Guimba, Gapan, Sto. Domingo, San Jose City, and Palayan City;
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Twenty-two branches with seats thereat for the Province of Pampanga and the City of Angeles, with seats at San Fernando, Guagua, Macabebe, and Angeles City;
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Six branches with seats thereat for the Province of Tarlac, with seats at Tarlac, Capas, Paniqui, and Camiling; and
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Seven branches with seats thereat for the Province of Zambales and the City of Olongapo, with seats at Iba and Olongapo City.
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Two hundred seventy-six Regional Trial Judges shall be commissioned for the National Capital Judicial Region. There shall be:
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Ninety-seven branches for the City of Manila, with seats thereat;
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Forty-eight branches for Quezon City, with seats thereat;
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Thirteen branches for Pasay City, with seats thereat;
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Thirteen branches for Caloocan City, with seats thereat;
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One hundred two branches for the Municipalities of Navotas, Malabon, San Juan, Mandaluyong, Makati, Pasig, Pateros, Taguig, Marikina, Parañaque, Las Piñas, and Muntinlupa; with fifty-eight seated in Makati, thirty-four seated in Pasig, two seated in Marikina, five in Malabon, one in Parañaque, one in Las Piñas, and one in Muntinlupa; and
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Three branches for the Municipality of Valenzuela, with seats thereat.
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One hundred Regional Trial Judges shall be commissioned for the Fourth Judicial Region. There shall be:
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Nineteen branches with seats thereat for the Province of Batangas and the Cities of Lipa and Batangas, with seats at Batangas City, Lemery, Taal, Tanauan, Balayan, Lipa City, Nasugbu, and Rosario;
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Twelve branches with seats thereat for the Province of Cavite and the Cities of Cavite, Tagaytay and Trece Martires, with seats at Naic, Cavite City, Tagaytay City, Bacoor, Imus, Trece Martires City, and Dasmariñas;
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Seventeen branches with seats thereat for the Province of Laguna and the City of San Pablo, with seats at Biñan, San Pedro, Sta. Cruz, San Pablo City, Siniloan, and Calamba;
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Two branches for the Province of Marinduque, with seats at Boac;
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Five branches with seats thereat for the Province of Mindoro Oriental, with seats at Calapan, Pinamalayan, and Roxas;
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Three branches with seats thereat for the Province of Mindoro Occidental, with seats at Mamburao and San Jose;
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Seven branches with seats thereat for the Province of Palawan and the City of Puerto Princesa, with seats at Puerto Princesa City, Roxas, Brooke's Point, and Coron;
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Thirteen branches with seats thereat for the Province of Quezon and the City of Lucena, with seats at Lucena City, Gumaca, Calauag, Mauban, and Infanta;
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Two branches for the Province of Aurora, with seats at Baler;
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Eighteen branches with seats thereat for the Province of Rizal, and Antipolo City, except the cities and municipalities embraced within the National Capital Judicial Region, with seats at Binangonan, San Mateo, Morong, Tanay, and Antipolo City; and
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Two branches with seats thereat for the Province of Romblon, with seats at Romblon and Odiongan.
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Sixty-five Regional Trial Judges shall be commissioned for the Fifth Judicial Region. There shall be:
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Eighteen branches with seats thereat for the Province of Albay and the City of Legaspi, with seats at Legaspi City, Ligao, and Tabaco;
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Twenty-seven branches with seats thereat for the Province of Camarines Sur and the Cities of Naga and Iriga, with seats at Naga City, Libmanan, Tigaon, San Jose, Pili, Iriga City, Buhi, Nabua, Sipocot, Ragay, and Calabanga;
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Five branches with seats thereat for the Province of Camarines Norte, with seats at Daet and Labo;
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Two branches for the Province of Catanduanes, with seats at Virac;
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Seven branches with seats thereat for the Province of Masbate, with seats at Masbate, Claveria, Cataingan, and San Jacinto; and
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Six branches with seats thereat for the Province of Sorsogon, with seats at Sorsogon, Gubat, Irosin, and Bulan.
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Sixty-nine Regional Trial Judges shall be commissioned for the Sixth Judicial Region. There shall be:
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Nine branches with seats thereat for the Province of Aklan, with seats at Kalibo;
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Five branches with seats thereat for the Province of Antique, with seats at San Jose, Culasi, and Bugasong;
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Eight branches with seats thereat for the Province of Capiz and the City of Roxas, with seats at Roxas City and Mambusao;
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Twenty-two branches with seats thereat for the Province of Iloilo, the Sub-province of Guimaras, and the City of Iloilo, with seats at Iloilo City, Barotac Viejo, Guimbal, and Dumangas; and
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Twenty-five branches with seats thereat for the Province of Negros Occidental and the Cities of Bacolod, Bago, Cadiz, La Carlota, San Carlos and Silay, with seats at Silay City, Bacolod City, Himamaylan, San Carlos City, Cadiz City, Kabankalan, Bago City, La Carlota City, and Sipalay.
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Sixty-six Regional Trial Judges shall be commissioned for the Seventh Judicial Region. There shall be:
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Ten branches with seats thereat for the Province of Bohol and the City of Tagbilaran, with seats at Tagbilaran City, Carmen, Talibon, and Loay;
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Thirty-seven branches with seats thereat for the Province of Cebu and the Cities of Cebu, Danao, Talisay, Lapu-Lapu, Mandaue and Toledo, with seats at Cebu City, Danao City, Talisay City, Argao, Lapu-Lapu City, Mandaue City, Toledo City, Barili, Bogo, and Oslob;
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Eighteen branches with seats thereat for the Province of Negros Oriental and the Cities of Dumaguete, Bais and Canlaon, with seats at Dumaguete City, Bayawan, Guihulngan, Bais City, Tanjay; and
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One branch for the Province of Siquijor, with seats at Siquijor.
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Forty-three Regional Trial Judges shall be commissioned for the Eighth Judicial Region. There shall be:
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Six branches with seats thereat for the Province of Eastern Samar, with seats at Borongan, Guiuan, Dolores, Oras and Balangiga;
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Nineteen branches with seats thereat for the Province of Leyte, the Province of Biliran, and the cities of Ormoc and Tacloban, with seats at Tacloban City, Abuyog, Calubian, Ormoc City, Carigara, Baybay, Burauen, Naval, Palompon, Hilongos, and Caibiran;
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Six branches with seats thereat for the Province of Northern Samar, with seats at Catarman, Laoang, Allen and Gamay;
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Four branches with seats thereat for the Province of Southern Leyte, with seats at Maasin, San Juan and Sogod; and
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Nine branches with seats thereat for the Province of Samar and the City of Calbayog, with seats at Catbalogan, Basey, Calbayog City, Calbiga, Tarangnan and Gandara.
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Thirty-one Regional Trial Judges shall be commissioned for the Ninth Judicial Region. There shall be:
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Two branches for the Province of Basilan, with seats at Isabela;
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Three branches with seats thereat for the Province of Sulu, with seats at Jolo, Parang, and Siasi;
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Two branches with seats thereat for the Province of Tawi-Tawi with seats at Bongao and Sapa-Sapa;
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Eight branches with seats thereat for the Province of Zamboanga del Norte and the Cities of Dipolog and Dapitan, with seats at Dipolog City, Sindangan, Siocon, and Liloy; and
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Fifteen branches with seats thereat for the Province of Zamboanga del Sur and the Cities of Pagadian and Zamboanga, with seats at Zamboanga City, Pagadian City, Molave, San Miguel, Ipil, and Aurora.
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Two branches with seats thereat for the Province of Zamboanga Sibugay with seats at Ipil and Imelda.
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Forty-four Regional Trial Judges shall be commissioned for the Tenth Judicial Region. There shall be:
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Seven branches with seats thereat for the Province of Agusan del Norte and the City of Butuan, with seats at Butuan City and Cabadbaran;
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Two branches with seats thereat for the Province of Agusan del Sur, with seats at Prosperidad and Bayugan;
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Four branches with seats thereat for the Province of Bukidnon, with seats at Malaybalay, Don Carlos, and Manolo Fortich;
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Seven branches with seats thereat for the Province of Misamis Occidental and the Cities of Oroquieta, Ozamiz and Tangub, with seats at Oroquieta City, Calamba, Ozamiz City, and Tangub City;
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Nineteen branches with seats thereat for the Province of Misamis Oriental and the Cities of Cagayan de Oro and Gingoog, with seats at Cagayan de Oro City, Medina, Gingoog City, and Initao;
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One branch for the Province of Camiguin, with seat at Mambajao; and
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Four branches with seats thereat for the Province of Surigao del Norte and the City of Surigao, with seats at Surigao City, Dapa, and Dinagat, Dinagat Island.
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Fifty Regional Trial Court Judges shall be commissioned for the Eleventh Judicial Region. There shall be:
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Six branches with seats thereat for the Province of Davao del Norte, with seats at Tagum, Nabunturan, and Panabo;
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Four branches with seats thereat for the Province of Davao Oriental, with seats at Mati, Baganga, and Lupon;
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Sixteen branches with seats thereat for the Province of Davao del Sur and the City of Davao, with seats at Davao City, Digos, Malita, and Bansalan;
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Nineteen branches with seats thereat for the Provinces of South Cotabato and Sarangani, and the City of General Santos, with seats at General Santos City, Koronadal, Surallah, Alabel and Polomolok; and
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Five branches with seats thereat for the Province of Surigao del Sur, with seats at Tandag, Lianga, Bislig, and Cantilan.
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Twenty-six Regional Trial Court Judges shall be commissioned for the Twelfth Judicial Region. There shall be:
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Eight branches with seats thereat for the Province of Lanao del Norte and the City of Iligan, with seats at Iligan City, Kapatagan, and Tubod;
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Six branches with seats thereat for the Province of Lanao del Sur and the City of Marawi, with seats at Marawi City, Malabang and Wao;
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Three branches with seats thereat for the Province of Maguindanao and the City of Cotabato, with seats at Cotabato City and Maganoy;
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Six branches with seats thereat for the Province of North Cotabato, with seats at Kabacan, Kidapawan, and Midsayap; and
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Three branches with seats thereat for the Province of Sultan Kudarat, with seats at Isulan, Tacurong, and Kalamansig.
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One hundred (100) positions of Regional Trail Judges-at-Large are created. The duly appointed Regional Trial Judges-at-Large shall have no permanent salas and may be assigned by the Supreme Court as acting or assisting judges to any Regional Trial Court in the Philippines as public interest may require. The said Judges-at-Large are entitled to salaries, privileges, allowances, emoluments, benefits, rank and title of a Regional Trial Judge. The Supreme Court shall determine the length of such temporary assignment: Provided, That the Judicial and Bar Council shall recommend to the President appointees to the Judges-at-Large positions, after the period of the temporary assignment, the Judicial and Bar Council shall recommend to the President the permanent sala to which the Judge-at-Large shall be appointed.
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Section 15
Qualifications.
No person shall be appointed Regional Trial Judge or Regional Trial Judge-at-Large unless that person is a natural-born citizen of the Philippines, at least thirty-five (35) years of age, and, for at least ten (10) years, has been engaged in the practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite.
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Section 16
Time and Duration of Sessions.
The time and duration of daily sessions of the Regional Trial Courts shall be determined by the Supreme Court: Provided, however, That all motions, except those requiring immediate action, shall be heard in the afternoon of every Friday, unless it falls on a holiday, in which case, the hearing shall be held on the afternoon of the next succeeding business day: Provided, further, That the Supreme Court may, for good reasons, fix a different motion day in specified areas.
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Section 17
Appointment and Assignment of Regional Trial Judges.
Every Regional Trial Judge shall be appointed to a region which shall be his permanent station, and his appointment shall state the branch of the court and the seat thereof to which he shall be originally assigned. However, the Supreme Court may assign temporarily a Regional Trial Judge to another region as public interest may require, provided that such temporary assignment shall not last longer than six (6) months without the consent of the Regional Trial Judge concerned.
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Section 18
Authority to Define Territory Appurtenant to Each Branch.
The Supreme Court shall define the territory over which a branch of the Regional Trial Court shall exercise its authority. The territory thus defined shall be deemed to be the territorial area of the branch concerned for purposes of determining the venue of all suits, proceedings or actions, whether civil or criminal, as well as determining the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts over which the said branch may exercise appellate jurisdiction. The power herein granted shall be exercised with a view to making the courts readily accessible to the people of the different parts of the region and making the attendance of litigants and witnesses as inexpensive as possible.
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Section 19
Jurisdiction in civil cases.
Regional Trial Courts shall exercise exclusive original jurisdiction:
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In all civil actions in which the subject of the litigation is incapable of pecuniary estimation;
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In all civil actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value exceeds Four hundred thousand pesos (P400,000.00), except for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the Metropolitan Trial Courts, and Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts;" (3) In all actions in admiralty and maritime jurisdiction where the demand or claims exceeds Two million pesos (P2,000,000.00);
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In all actions in admiralty and maritime jurisdiction where the demand or claim exceeds One hundred thousand pesos (P100,000.00) or, in Metro Manila, where such demand or claim exceeds Two hundred thousand pesos (P200,000.00);
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In all matters of probate, both estate and intestate, where the gross value of the estate exceeds Two million pesos (P2,000,000.00);
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In all actions involving the contract of marriage and marital relations;
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In all cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions;
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In all civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law; and
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In all other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs or the value of the property in controversy exceeds Two million pesos (P2,000,000.00).
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Section 20
Jurisdiction in Criminal Cases.
Regional Trial Courts shall exercise exclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter.
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Section 21
Original Jurisdiction in Other Cases.
Regional Trial Courts shall exercise original jurisdiction:
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Section 22
Appellate Jurisdiction.
Regional Trial Courts shall exercise appellate jurisdiction over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective territorial jurisdictions. Such cases shall be decided on the basis of the entire record of the proceedings had in the court of origin and such memoranda and/or briefs as may be submitted by the parties or required by the Regional Trial Courts. The decision of the Regional Trial Courts in such cases shall be appealable by petition for review to the Intermediate Appellate Court which may give it due course only when the petition shows prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the decision or judgment sought to be reviewed.
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Section 23
Special Jurisdiction to Try Special Cases.
The Supreme Court may designate certain branches of the Regional Trial Courts to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-judicial bodies and agencies, and/or such other special cases as the Supreme Court may determine in the interest of a speedy and efficient administration of justice.
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Section 24
Special Rules of Procedure.
Whenever a Regional Trial Court takes cognizance of juvenile and domestic relations cases and/or agrarian cases, the special rules of procedure applicable under present laws to such cases shall continue to be applied, unless subsequently amended by law or by rules of court promulgated by the Supreme Court.
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Section 13
Creation of Regional Trial Courts.
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Chapter III
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
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Section 25
Establishment of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts.
There shall be created a Metropolitan Trial Court in each metropolitan area established by law, a Municipal Trial Court in each of the other cities or municipalities, and a Municipal Circuit Trial Court in each circuit comprising such cities and/or municipalities as are grouped together pursuant to law.
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Section 25-A
Creation of Position for Municipal Trial Judges-at-Large.
Fifty (50) positions of Municipal Trial Judges-at-Large shall duly appointed Municipal Trial Judges-at-Large shall have no permanent salas and may be assigned by the Supreme Court as acting or assisting judges to any first level court in the Philippines as public interest may require. They shall be entitled to the salaries, privileges, allowances, emoluments, benefits, rank and title of a judge of a Municipal Trial Court in Cities. The Supreme Court shall determine the lenght of such temporary assignment: Provided, That the Judicial and Bar Council shall recommend to the President appointees to the Judges-at-Large positions. After the period of the temporary assignment, the Judicial and Bar Council shall recommend to the President the permanent sala to which the Judge-at-Large shall be appointed.
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Section 26
Qualifications.
No person shall be appointed judge of a Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial Court, or a Municipal Trial Judge-at-Large unless that person is a natural-born citizen of the Philippines, at least thirty (30) years of age, and, for at least five (5) years, have been engaged in the practice of law in the Philippines, or has held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite.
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Section 27
Metropolitan Trial Courts of the National Capital Region.
There shall be a Metropolitan Trial Court in the National Capital Region, to be known as the Metropolitan Trial Court of Metro Manila, which shall be composed of eighty-six (86) branches. There shall be:
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Thirty branches (Branches I to XXX) for the city of Manila with seats thereat;
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Thirteen branches (Branches XXXI to XLIII) for Quezon City with seats thereat;
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Five branches (Branches XLIV to XLVIII) for Pasay City with seats thereat;
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Nine branches for Caloocan City with seats thereat:
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One branch (Branch LIV) for Navotas with seat thereat;
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Two branches (Branches LV and LVI) for Malabon with seats thereat;
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Two branches (Branches LVII and LVIII) for San Juan with seats thereat;
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Two branches (Branches LIX and LX) for Mandaluyong with seats thereat;
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Seven branches (Branches LXI and LXVII) for Makati with seats thereat;
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Five branches (Branches LXVIII to LXXII) for Pasig with seats thereat;
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One branch (Branch LXXIII) for Pateros with seat thereat;
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One branch (Branch LXXIV) for Taguig with seat thereat;
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Six branches for Marikina with seats thereat;
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Seven branches for Parañaque with seats thereat;
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One branch (Branch LXXIX) for Las Piñas with seat thereat;
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One branch (Branch LXXX) for Muntinlupa with seat thereat; and
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Two branches (Branches LXXXI and LXXXII) for Valenzuela with seats thereat.
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Section 28
Other Metropolitan Trial Courts.
The Supreme Court shall constitute Metropolitan Trial Courts in such other metropolitan areas as may be established by law whose territorial jurisdiction shall be co-extensive with the cities and municipalities comprising the metropolitan area.
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Every Metropolitan Trial Judge shall be appointed to a metropolitan area which shall be his permanent station and his appointment shall state branch of the court and the seat thereof to which he shall be originally assigned. A Metropolitan Trial Judge may be assigned by the Supreme Court to any branch within said metropolitan area as the interest of justice may require, and such assignment shall not be deemed an assignment to another station within the meaning of this section.
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Section 29
Municipal Trial Courts in Cities.
In every city which does not form part of a metropolitan area there shall be a Municipal Trial Court with one branch except as hereunder provided:
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Two branches for Laoag City;
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Four branches for Baguio City;
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Three branches for Dagupan City;
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Five branches for Olongapo City;
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Three branches for Cabanatuan City;
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Two branches for San Jose City;
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Three branches for Angeles City;
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Four branches for Antipolo City;
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Three branches for the City of San Jose del Monte, Bulacan;
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Two branches for Cavite City;
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Two branches for Batangas City;
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Two branches for Lucena City;
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Three branches for Naga City;
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Two branches for Iriga City;
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Three branches for Legaspi City;
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Two branches for Roxas City;
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Four branches for Iloilo City;
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Seven branches for Bacolod City;
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Two branches for Dumaguete City;
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Two branches for Tacloban City;
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Eight branches for Cebu City;
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Three branches for Mandaue City;
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Two branches for Talisay City;
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Two branches for Tagbilaran City;
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Two branches for Surigao City;
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Four branches for Butuan City;
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Five branches for Cagayan de Oro City;
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Seven branches for Davao City;
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Three branches for General Santos City;
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Two branches for Oroquieta City;
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Three branches for Ozamis City;
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Two branches for Dipolog City;
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Four branches for Zamboanga City;
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Two branches for Pagadian City; and
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Two branches for Iligan City.
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Section 30
Municipal Trial Courts.
In each of the municipalities that are not comprised within a metropolitan area and a municipal circuit there shall be a Municipal Trial Court which shall have one branch, except as hereunder provided:
Two branches for San Fernando, La Union;
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Four branches for Tuguegarao;
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Three branches for Lallo, and two branches for Aparri, both of Cagayan;
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Two branches for Santiago, Isabela;
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Two branches each for Malolos, Meycauayan and Bulacan, all of Bulacan Province;
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Four branches for San Fernando and two branches for Guagua, both of Pampanga;
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Two branches for Tarlac, Tarlac;
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Two branches for San Pedro, Laguna; and
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Two branches each for Antipolo and Binangonan, both in Rizal.
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Section 31
Municipal Circuit Trial Courts.
There shall be a Municipal Circuit Trial Court in each area defined as a municipal circuit, comprising one or more cities and/or one or more municipalities. The municipalities comprising municipal circuits as organized under Administrative Order No. 33, issued on June 13, 1978 by the Supreme Court pursuant to Presidential Decree No. 537, are hereby constituted as municipal circuits for purposes of the establishment of the Municipal Circuit Trial Courts, and the appointments thereto of Municipal Circuit Trial Judges: Provided, however, That the Supreme Court may, as the interests of justice may require, further reorganize the said courts taking into account workload, geographical location, and such other factors as will contribute to a rational allocation thereof, pursuant to the provisions of Presidential Decree No. 537 which shall be applicable insofar as they are not inconsistent with this Act.
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Section 32
Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts in Criminal Cases.
Except in cases falling within the exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:
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Exclusive original jurisdiction over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; and
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Exclusive original jurisdiction over all offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value or amount thereof: Provided, however, That in offenses involving damage to property through criminal negligence, they shall have exclusive original jurisdiction thereof.
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Section 33
Jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts, and Municipal Circuit Trial Courts in Civil Cases.
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:
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Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate, or amount of the demand does not exceed Two million pesos (P2,000,000.00), exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged: Provided, That interest, damages of whatever kind, attorney's fees, litigation expenses, and costs shall be included in the determination of the filing fees: Provided, further, That where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions; x x x
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Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the defendant raises the question of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession.
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Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or any interest therein does not exceed Four hundred thousand pesos (P400,000.00) exclusive on interest, damages of whatever kind, attorney's fees, litigation expenses and costs: Provided, That in cases of land not declared for taxation purposes, the value of such property shall be determined by the assessed value of the adjacent lots." (4) Exclusive original jurisdiction in admiralty and maritime actions where the demand or claim does not exceed Two million pesos (P2,000,000.00).
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Section 34
Delegated Jurisdiction in Cadastral and Land Registration Cases.
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots where the value of which does not exceed One hundred thousand pesos (P100,000.00), such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants if there are more than one, or from the corresponding tax declaration of the real property. Their decisions in these cases shall be appealable in the same manner as decisions of the Regional Trial Courts.
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Section 35
Special Jurisdiction in Certain Cases.
In the absence of all the Regional Trial Judges in a province or city, any Metropolitan Trial Judge, Municipal Trial Judge, Municipal Circuit Trial Judge may hear and decide petitions for a writ of habeas corpus or applications for bail in criminal cases in the province or city where the absent Regional Trial Judges sit.
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Section 36
Summary Procedures in Special Cases.
In Metropolitan Trial Courts and Muni cipal Trial Courts with at least two branches, the Supreme Court may designate one or more branches thereof to try exclusively forcible entry and unlawful detainer cases, those involving violations of traffic laws, rules and regulations, violations of the rental law, and such other cases requiring summary disposition as the Supreme Court may determine. The Supreme Court shall adopt special rules or procedures applicable to such cases in order to achieve an expeditious and inexpensive determination thereof without regard to technical rules. Such simplified procedures may provide that affidavits and counter-affidavits may be admitted in lieu of oral testimony and that the periods for filing pleadings shall be non-extendible.
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Section 37
Preliminary Investigation.
Judges of Metropolitan Trial Courts, except those in the National Capital Region, of Municipal Trial Courts, and Municipal Circuit Trial Courts shall have authority to conduct preliminary investigation of crimes alleged to have been committed within their respective territorial jurisdictions which are cognizable by the Regional Trial Courts.
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The preliminary investigation shall be conducted in accordance with the procedure prescribed in Section 1, paragraphs (a), (b), (c), and (d), of Presidential Decree No. 911: Provided, however, That if after the preliminary investigation the Judge finds a prima facie case, he shall forward the records of the case to the Provincial/City Fiscal for the filing of the corresponding information with the proper court.
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No warrant of arrest shall be issued by the Judge in connection with any criminal complaint filed with him for preliminary investigation, unless after an examination in writing and under oath or affirmation of the complainant and his witnesses, he finds that a probable cause exists.
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Any warrant of arrest issued in accordance herewith may be served anywhere in the Philippines.
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Section 38
Judgments and Processes.
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All judgments determining the merits of cases shall be in writing, stating clearly the facts and the law on which they were based, signed by the Judge and filed with the Clerk of Court. Such judgment shall be appealable to the Regional Trial Courts in accordance with the procedure now prescribed by law for appeals to the Court of First Instance, by the provisions of this Act, and by such rules as the Supreme Court may hereafter prescribe.
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All processes issued by the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, in cases falling within their jurisdiction, may be served anywhere in the Philippines without the necessity of certification by the Judge of the Regional Trial Court.
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Section 25
Establishment of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts.
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Chapter IV
General Provisions
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Section 39
Appeals.
The period for appeal from final orders, resolutions, awards, judgments, or decisions of any court in all cases shall be fifteen (15) days counted from the notice of the final order, resolution, award, judgment, or decision appealed from: Provided however, That in habeas corpus cases, the period for appeal shall be forty-eight (48) hours from the notice of the judgment appealed from.
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No record on appeal shall be required to take an appeal. In lieu thereof, the entire record shall be transmitted with all the pages prominently numbered consecutively, together with an index of the contents thereof.
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This section shall not apply in appeals in special proceedings and in other cases wherein multiple appeals are allowed under applicable provisions of the Rules of Court.
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Section 40
Form of Decision in Appealed Cases.
Every decision or final resolution of a court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it is based, which may be contained in the decision or final resolution itself, or adopted by reference from those set forth in the decision, order, or resolution appealed from.
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Section 41
Salaries.
Intermediate Appellate Justice, Regional Trial Judges, Regional Trial Judges-at-Large, Metropolitan Trial Judges, Municipal Trial Judges, Municipal Circuit Trial Judges, and Municipal Trial Judges-at-Large shall receive such compensation and allowances as may be authorized by the President along the guidelines set forth in Letter of Implementation No. 93 pursuant to Presidential Decree No. 985, as amended by Presidential Decree No. 1597.
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Section 42
Longevity Pay.
A monthly longevity pay equivalent to five percent (5%) of the monthly basic pay shall be paid to the Justices and Judges of the courts herein created for each five (5) years of continuous, efficient, and meritorious service rendered in the Judiciary: Provided, That in no case shall the total salary of each Justice or Judge concerned, after this longevity pay is added, exceed the salary of the Justice or Judge next in rank.
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Section 43
Staffing Pattern.
The Supreme Court shall submit to the President, within thirty (30) days from the date of the effectivity of this Act, a staffing pattern for all courts constituted pursuant to this Act which shall be the basis of the implementing order to be issued by the President in accordance with the immediately succeeding section.
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Section 44
Transitory Provisions.
The provisions of this Act shall be immediately carried out in accordance with an Executive Order to be issued by the President. The Court of Appeals, the Courts of First Instance, the Circuit Criminal Courts, the Juvenile and Domestic Relations Courts, the Courts of Agrarian Relations, the City Courts, the Municipal Courts, and the Municipal Circuit Courts shall continue to function as presently constituted and organized, until the completion of the reorganization provided in this Act as declared by the President. Upon such declaration, the said courts shall be deemed automatically abolished and the incumbents thereof shall cease to hold office. The cases pending in the old Courts shall be transferred to the appropriate Courts constituted pursuant to this Act, together with the pertinent functions, records, equipment, property and the necessary personnel.
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The applicable appropriations shall likewise be transferred to the appropriate courts constituted pursuant to this Act, to be augmented as may be necessary from the funds for organizational changes as provided in Batas Pambansa Blg. 80. Said funding shall thereafter be included in the annual General Appropriations Act.
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Section 45
Shari'a Courts.
Shari'a Courts to be constituted as provided for in Presidential Decree No. 1083, otherwise known as the "Code of Muslim Personal Laws of the Philippines," shall be included in the funding appropriations so provided in this Act.
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Section 46
Gratuity of Judges and Personnel Separated from Office.
All members of the judiciary and subordinate employees who shall be separated from office by reason of the reorganization authorized herein, shall be granted a gratuity at a rate equivalent to one month's salary for every year of continuous service rendered in any branch of the government or equivalent nearest fraction thereof favorable to them on the basis of the highest salary received: Provided, That such member of the judiciary or employee shall have the option to retire under the Judiciary Retirement Law or general retirement law, if he has met or satisfied the requirements therefor.
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Section 47
Repealing Clause.
The provisions of Republic Act No. 296, otherwise known as the Judiciary Act of 1948, as amended, of Republic Act No. 5179, as amended, of the Rules of Court, and of all other statutes, letters of instructions and general orders or parts thereof, inconsistent with the provisions of this Act are hereby repealed or accordingly modified.
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Section 48
Date of Effectivity.
This Act shall take effect immediately.
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Section 39
Appeals.
Judiciary Reorganization Act
General statute defining jurisdiction of courts.