SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
s.No.1732 
S~ttatl' 
{~ff,; •. "f I~. >rn.!",~ 
'13 
SEP 24 P 3 :39 
RE(,E;I\,Ell1J\'; ___ ~' 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
Article VIII Section 6 of the 1987 Constitution expressly provides that "[T] he Supreme Court shall have 
administrative supervision over all courts and the personnel thereof" However, current practice under 
the present law - Batas Pambansa 129 - runs counter to the aforesaid constitutional mandate. 
BP 129, otherwise known as "The Judiciary Reorganization Act of 1980", as amended, inadvertently 
denies the Supreme Court the power to permanently reassign judges of Regional, Metropolitan, Municipal 
and Municipal Circuit Trial Courts to other stations on the same court level. For a judge to be transferred 
to a court of the same level in a neighboring town or city, a new nomitjation from the Judicial and Bar 
Council and a new appointment by the President shall have to be secured for such transfer to ensue, as if 
the judge is being appointed for the first time. 
This process, however, is unique to the judicial branch of government. In the Executive, the 
Administrative Code of the Philippines and Presidential Decree No. I allow the reassignment of 
employees and Career Executive Service personnel, respectively, provided that such transfer shall not 
involve a reduction in rank, salary, or status. 
Such tedious personnel management process in the Judiciary results to clogged dockets, as delayed lateral 
transfer of judges to new assignments contributes to prolonged vacancies in trial courts. As a stop-gap 
solution, said court vacancies are temporarily assigned with pairing and assisting judges who are doubly 
burdened as they also have to attend to other pressing cases in their own salas. Such is the case in Cebu 
alone, where four (4) branches of the Municipal Trial Courts in Cities branches remain vacant following 
the dismissal of presiding judges from service. An offshoot of said vacancies are 4,389 unresolved cases, 
prompting the IBP-Cebu City chapter to pass a resolution asking the President, the Supreme Court and the 
Judicial Bar and Council (JBC) to consider as urgent the filling up of the vacancies.! 
More importantly, this process further exposes our courts to political interference and. pressure. As .aptly 
observed by Justice Antonio Carpio of the Supreme Court: "[E]very time ajudge makes a lateral transfer 
like this, he accumulates political debts, which weaken his independence ... 2 
It is hoped that with this remedial piece of legislation, the Supreme Court can finally exercise its 
constitutional mandate of administrative supervision over all its courts and personnel, which in turn can 
result to case decongestion and the delivery of speedy trial, and to a more independent judiciary. 
In view of the foregoing, immediate enactment of this measure is earnestly sought. 
AN~O:Nv,;\~ANES 
IV 
Senator 
1 See '4,389 cases remain pending in 8 RTCs' by Kevin A. Lagunda. Monday, june 3, 2013. SunStar eehu. Information retrieved from 
http; Ilwww.synstLIrcom.ph/c~h!lI!Qcal.DewsI2Q13/Q6/Q3/4389~ca$es-rem;:nn-pendinljl"-B~rt:cs_285533 on 9/18/2013. 
2 Antonio T. CarpiO. Senior Associate Justice, Supreme Court.judicial reform in the Philippines [Speech delivered during the Central Luzon 
Regional 
Convention 
of the 
Integrated 
Bar 
of the 
Philipp lUes, 
June 
29, 
2012); 
Infannation 
retrieved 
from 
http;llwww,jbpph/PDFIIBP%20SpeecbeslJustice%2QCarrlio.pdfon 9/17/2013. 
1 


" 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
'13 
SEP 24 P 3 :39 
SENATE 
S.No. 1732 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
GRANTING THE SUPREME COURT THE POWER TO REASSIGN TRIAL COURT 
JUDGES TO OTHER BRANCHES OF THE SAME LEVEL, THEREBY AMENDING' 
SECTIONS 17, 28, 30 AND 31 OF BATAS PAMBANSA BLG. 129, OTHERWISE 
KNOWN AS "THE JUDICIARY REORGANIZATION ACT OF 1980" 
Be it enacted by the Senate and the House of representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Section 17 of Batas Pambansa Blg. 129, otherwise known as "The 
2 
Judiciary Reorganization Act of 1980", is hereby amended to read as follows: 
3 
"Sec. 17. Appointment, [and] assignment AND REASSIGNMENT of 
4 
Regional Trial Judges. 
5 
Every Regional Trial Judge shall be appointed to a region which shall be 
6 
his [permanent] station, and his appointment shall state the branch of the 
7 
court and the seat thereof to which he shall be originally assigned, 
8 
However, the Supreme Court may assign temporarily OR REASSIGN 
9 
PERMANENTLY a Regional Trial Judge to ANY BRANCH OF 
10 
REGIONAL TRIAL COURT IN THE PHILIPPINES [another region] 
11 
as public interest may require[,] [provided that such, temporary assignment 
12 
shall not last longer than six (6) months without the consent of the Regional 
13 
Trial Judge concerned]. TEMPORARY ASSIGNMENTS SHALL NOT 
14 
REQUIRE THE CONSENT OF THE REGIONAL TRIAL JUDGE 
15 
CONCERNED, EXCEPT WHEN THE,PERIOD OF ASSIGNMENT 
16 
EXCEEDS SIX (6) MONTHS. PERMANENT REASSIGNMENTS 
17 
SHALL REQUIRE THE CONSENT OF THE REGIONAL TRIAL 
18 
JUDGE CONCERNED AND SHALL CREATE A PERMANENT 
19 
VACANCY IN THE ORIGINAL OFFICE. NO REGIONAL TRIAL 
20 
JUDGE SHALL BE PERMANENTLY REASSIGNED BY THE 
21 
SUPREME COURT TO ANOTHER STATION MORE THAN ONCE 
22 
IN FIVE (5) YEARS." 
1 


" 
1 
SEC. 2. Section 28 of the same law is hereby amended to read as follows: 
2 
Sec. 28. Other Metropolitan Trial Courts. - The Supreme Court 
3 
shall constitute Metropolitan Trial Courts in such other metropolitan areas 
4 
as may be established by law whose territorial jurisdiction shall be ~o-
5 
extensive with the cities and municipalities comprising the metropolitan 
6 
area. 
7 
Every Metropolitan Trial Judge shall be appointed to a metropolitan area 
8 
which shall be his [permanent] station, and his appointment shall state 
9 
THE branch of the court and the seat thereof to which he shall be 
10 
originally assigned. HOWEVER, THE SUPREME COURT MAY 
11 
ASSIGN TEMPORARILY OR REASSIGN PERMANENTLY A 
12 
METROPOLITAN TRIAL JUDGE TO ANY BRANCH OF 
13 
METROPOLITAN TRIAL COURT, MUNICIPAL TRIAL COURT 
14 
OR MUNICIPAL CIRCUIT TRIAL COURT IN THE PHILIPPINES 
15 
AS 
PUBLIC INTEREST MAY REQUIRE. 
TEMPORARY 
16 
ASSIGNMENTS SHALL NOT REQUIRE THE CONSENT OF THE 
17 
METROPOLITAN 
TRIAL JUDGE 
CONCERNED, 
EXCEPT 
18 
WHEN THE PERIOD OF ASSIGNMENT EXCEEDS SIX (6) 
19 
MONTHS. PERMANENT REASSIGNMENTS SHALL REQUIRE 
20 
THE CONSENT OF THE METROPOLITAN TRIAL JUDGE 
21 
CONCERNED AND SHALL CREATE A PERMANENT VACANCY 
22 
IN 
THE 
ORIGINAL 
OFFICE. 
NO 
METROPOLITAN, 
23 
MUNICIPAL OR MUNICIPAL CIRCUIT TRIAL JUDGE SHALL 
24 
BE PERMANENTLY REASSIGNED BY THE SUPREME COURT 
25 
TO ANOTHER STATION MORE THAN ONCE IN FIVE (5) 
26 
YEARS. [A Metropolitan Trial Judge may b,e assigned by the Supreme 
27 
Court to any branch within said metropolitan area as the interest of justice 
28 
may require, and such assignment shall not be deemed an assignment to 
29 
another station within the meaning of this section.] 
30 
31 
SEC. 3. Section 30 of the same law, as amended, is hereby further amended to read as 
32 
follows: 
33 
"Sec. 30. Municipal Trial Courts. - In each of the municipalities that are 
34 
not comprised within a metropolitan area and a municipal circuit, there 
35 
shall be a Municipal Trial Court which shall have one branch, except as 
36, 
hereunder provided: 
37 
Two branches for San Fernando, La Union; 
38 
Four branches for Tuguegarao; 
39 
Three branches for Lallo, and two branches for Aparri, both of Cagayan; 
40 
Two branches for Santiago, Isabela; 
41 
Two branches each for Malolos, Meycauyan and Bulacan, all of Bulacan 
42 
Province; 
43 
Four branches for San Fernando and two branche,S for Guagua, both of 
44 
Pampanga; 
45 
Two branches for Tarlac, Tarlac; 
2 


" 
1 
2 
3 
Two branches for San Pedro, Laguna; and 
Two branches each for Antipolo and Binangonan, both in Rizal. 
4 
EVERY MUNICIPAL TRIAL JUDGE SHALL BE APPOINTED TO 
5 
A 
MUNICIPALITY 
WHICH 
SHALL 
BE 
HIS 
STATION. 
6 
HOWEVER, 
THE 
SUPREME 
COURT 
MAY 
ASSIGN 
7 
TEMPORARILY OR REASSIGN PERMANENTLY A MUNICIPAL 
8 
TRIAL JUDGE TO ANY BRANCH OF METROPOLITAN TRIAL 
9 
COURT, MUNICIPAL TRIAL COURT OR MUNICIPAL CIRCUIT 
10 
TRIAL COURT IN THE PHILIPPINES AS PUBLIC INTEREST 
11 
MAY REQUIRE. 
TEMPORARY ASSIGNMENTS SHALL NOT 
12 
REQUIRE THE CONSENT OF THE MUNICIPAL TRIAL JUDGE 
13 
CONCERNED, EXCEPT WHEN THE PERIOD OF ASSIGNMENT 
14 
EXCEEDS SIX (6) MONTHS. PERMANENT REASSIGNMENTS 
15 
SHALL REQUIRE THE CONSENT OF THE MUNICIPAL TRIAL 
16 
JUDGE CONCERNED AND SHALL CREATE A PERMANENT 
17 
VACANCY IN THE ORIGINAL OFFICE. NO METROPOLITAN, 
18 
MUNICIPAL, OR MUNICIPAL CIRCUIT TRIAL JUDGE SHALL 
19 
BE PERMANENTLY REASSIGNED BY THE SUPREME COURT 
20 
TO ANOTHER STATION MORE THAN ONCE IN FIVE (5) 
21 
YEARS. 
22 
SEC. 4. Section 31 of the same law is hereby amended to read as follows: 
23 
"Sec. 31. Municipal Circuit Trial Court. - There shall be a Municipal 
24 
Circuit Trial Court in each area defined as a municipal circuit, comprising 
25 
one or more cities and/or one or more municipalities. The municipalities 
26 
comprising municipal circuits as organized under Administrative Order 
27 
No. 33, issued on June 13, 1978 by the Suprdne Court pursuant to 
28 
Presidential Decree No. 537, are hereby constituted as municipal circuits 
29 
for purposes of the establisJunent of the Municipal Circuit Trial Courts, 
30 
and the appointment thereto of Municipal Circuit Trial Judges: Provided, 
31 
however, That the Supreme Court may, as the interest of justice may 
32 
require, further reorganize the said courts taking into account workload, 
33 
geographical location, and such other factors as will contribute to rational 
34 
allocation thereof, pursuant to the provisions of Presidential Decree No: 
35 
537 which shall be applicable insofar as they are not inconsistent with this 
36 
Act. 
37 
Every Municipal Circuit TRIAL Judge shall be appointed to a municipal 
38 
circuit which shall be his [official) station. 
HOWEVER, THE 
39 
SUPREME 
COURT 
MAY 
ASSIGN 
TEMPORARILY 
OR 
40 
REASSIGN PERMANENTLY A MUNICIPAL CIRCUIT TRIAL 
41 
JUDGE TO ANY BRANCH OF METROPOLITAN TRIAL COURT, 
42 
MUNICIPAL TRIAL COURT AND MUNICIPAL CIRCUIT TRIAL 
43 
COURT IN THE PHILIPPINES AS PUBLIC INTEREST MAY 
44 
REQUIRE. 
TEMPORARY 
ASSIGNMENTS 
SHALL 
NOT 
45 
REQUIRE THE CONSENT OF THE MUNICIPAL CIRCUIT 
46 
JUDGE CONCERNED, EXCEPT WHEN THE PERIOD OF 
47 
ASSIGNMENT EXCEEDS SIX (6) MONTHS. 
PERMANENT 
3 


1 
REASSIGNMENTS SHALL REQUIRE THE CONSENT OF THE 
2 
MUNICIPAL CIRCUIT TRIAL JUDGE CONCERNED AND 
3 
SHALL CREATE A PERMANENT VACANCY IN THE ORIGINAL 
4 
OFFICE. NO METROPOLITAN, MUNICIPAL, OR MUNICIPAL 
5 
CIRCUIT 
TRIAL 
JUDGE 
SHALL 
BE 
PERMANENTLY 
6 
REASSIGNED BY THE SUPREME COURT TO ANOTHER 
7 
STATION MORE THAN ONCE IN FIVE (5) YEARS. 
8 
The Supreme Court shall determine the city or mllnicipality where the 
9 
Municipal Circuit Trial Court shall hold sessions." 
10 
SEC. 5. All laws, decrees, orders and other issuances inconsistent with the 
11 
provisions of this Act are repealed or modified accordingly. 
12 
SEC. 6. This Act shall take effect fifteen (15) days following its publication in the 
13 
Official Gazette or in two (2) national newspapers of general circulation. 
Approved, 
4