Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS

First Regular Session
HOUSE BILL NO. 4323

Introduced by the Honorable ABRAHAM N. TOLENTINO

EXPLANATORY NOTE

The development of the Philippines must be holistic, it should cover all fronts.
Our country has gone a long way since there was a law increasing the number of Court
of Appeals Justices, back in 1996. Our country has progressed throughout the years.
We are now experiencing unprecedented growth under the Duterte Administration.
These facts have brought the need for a faster disposition of judicial cases, especially in
the appellate level.

Efficiency in the criminal justice system, public order and safety, and the proper
interpretation and implementation of our laws, are all dependent on the fast and
efficient performance of courts of justice. The economic progress that our country is
experiencing, the increase in population, and the continuous growth of business require
that disputes must be resolved in the quickest possible time.

As such, this representation finds it necessary that additional Justices and
Divisions of the Court of Appeals be created so that the disposition of cases on the
appellate level will be faster. It should be noted that there are already several laws that
have been passed, which increased the number of regional and municipal trial courts.
The passage of a law increasing the number of Court of Appeals Justices will
complement the increase in number of lower courts. In addition, the increase in number
of Court of Appeals Justices will complement the economic growth that the Philippines
is experiencing.

Further, this proposed legislation has put Court of Appeals stations in Vigan City
and Davao City, key areas in the north and south of the Philippines. These locations will
make it easier for litigants to appeal their cases, without the need of going to other
jurisdictions, far from their homes.


The lack of a sufficient number of appellate courts causes the delay in the
resolution of cases. Increasing the number of Court of Appeals of Justices will definitely
help in the swift administration of justice in the country.

Approval of the bill is earnestly sought.

Olay


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4323

Introduced by the Honorable ABRAHAM N. TOLENTINO

AN ACT CREATING ADDITIONAL DIVISIONS IN THE COURT OF APPEALS,
INCREASING THE NUMBER OF COURT OF APPEALS JUSTICES FROM
SIXTY-NINE (69) TO SEVENTY-EIGHT (78), AMENDING FOR THE PURPOSE
BATAS PAMBANSA BILANG 129, AS AMENDED, OTHERWISE KNOWN AS THE
JUDICIARY REORGANIZATION ACT OF 1980, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1. Section 3, Chapter 1 of Batas Pambansa Big. 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 seventy-seven (77) 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.

Section 2. Section 4 of Batas Pambansa Big. 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-six (26) 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.

Section 3. Section 10 of Batas Pambansa Big. 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 Third 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
and Tenth Judicial Regions; the Twenty-fourth Division shall be in Vigan
City for cases coming from the First and Second Judicial Regions; Twenty-
fifth and Twenty-sixth Divisions shall be in Davao City for cases coming
from the 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."

Section 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.

Section 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.

Section 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.


Section 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.

Section 9. Repealing Clause. — All laws, presidential decrees, letters of instruction
executive orders, rules and regulations, or an part thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

Section 10. Effectivity. - This Act shall take effect after fifteen (15) days following its
Publication in two (2) newspapers of general circulation.