Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" CONGRE:
First Regular Session

HOUSE BILL NO. 1730

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

This bill is being filed to possibly further enhance the disposition of cases
in court.

Undeniably, vacant courts and the non-availability of courts have resulted
in the clogging of court dockets, especially in areas where cases have
significantly increased.

With this proposed amendment of Batas Pambansa Blg. 129, as amended,
it is believed that the Supreme Court shall be afforded the required flexibility in
the management of courts. The re-assignment of judges from one judicial region
or branch of a region to another through lateral transfer shall now be allowed as
a matter of administrative prerogative on the part of the Supreme Court.

In view of the above, passage of this legislation with utmost dispatch is

sought.
EEO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16 CONGRESS
First Regular Session

HOUSE BILLNO.__ 1730

Introduced by REP. EVELINA G. ESCUDERO

AN ACT
FURTHER AMENDING BATAS PAMBANSA BLG. 129, OR
THE JUDICIARY REORGANIZATION ACT OF 1980,
AS AMENDED

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

SECTION 1. Section 17 of Batas Pambansa Blg. 129, as amended, is hereby

further amended to read as follows:

“SEC. 17. - Appointment and assignment of Regional Trial
Judges. - Every Regional Trial Judge shall be appointed to a
JUDICIAL 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. IN THE EVENT OF THE
FILING OF APPLICATIONS FOR VOLUNTARY LATERAL
TRANSFERS BY SITTING JUDGES TO ANOTHER REGION
OR TO ANOTHER BRANCH WITHIN THE SAME REGION,
THE SUPREME COURT SHALL ACT UPON SAID
APPLICATIONS AND SHALL ISSUE THE APPROPRIATE
ORDERS FOR THE PURPOSE; PROVIDED THAT THE SAID
TRANSFER SHALL NOT IN ANY MANNER BE INIMICAL TO.
THE SPEEDY DISPENSATION OF JUSTICE. However, the
Supreme Court may assign temporarily a Regional Trial Judge to
another region OR TO ANOTHER BRANCH WITHIN THE
SAME 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


1 A Regional Trial Judge may be assigned by the Supreme

2 Court to any branch or city or municipality within the same region

as public interest may require, and such assignment shall not be

4 deemed an assignment to another station within the meaning of
5 this section. ”
6 SECTION 2. Section 28 of Batas Pambansa Blg. 129, as amended, is hereby

7 further amended to read as follows:

8 “SEC. 28. - Other Metropolitan Trial Courts, - The Supreme
9 Court shall constitute Metropolitan Trial Courts in such other
10 metropolitan areas as may be established by law whose territorial

i jurisdiction shall be co-extensive with the cities and municipalities

12 comprising the metropolitan area.

13 Every Metropolitan Trial Judge shall be appointed to a
14 metropolitan area which shall be his permanent station and his
15 appointment shall state the branch of the court and the seat thereof
16 to which he shall be originally assigned. IN THE EVENT OF
17 VOLUNTARY APPLICATIONS FOR LATERAL TRANSFERS
18 BY SITTING JUDGES TO ANOTHER REGION OR TO
19 ANOTHER BRANCH WITHIN THE SAME REGION, THE
20 SUPREME COURT SHALL ACT UPON SAID APPLICATIONS
21 AND SHALL ISSUE THE APPROPRIATE ORDERS FOR THE
2 PURPOSE; PROVIDED THAT THE SAID TRANSFER SHALL
23 NOT IN ANY MANNER BE INIMICAL TO THE SPEEDY
24 DISPENSATION OF JUSTICE. A Metropolitan Trial Judge may
25 be assigned by the Supreme Court to any branch within said
26 metropolitan area as the interest of justice may require, and such
27 assignment shall not be deemed an assignment to another station
28 within the meaning of this section. HOWEVER, THE SUPREME
29 COURT MAY ASSIGN TEMPORARILY A METROPOLITAN
30 TRIAL JUDGE TO ANOTHER REGION OR TO ANOTHER
31 BRANCH WITHIN THE SAME REGION, AS PUBLIC
32 INTEREST MAY REQUIRE, PROVIDED THAT SUCH

33 TEMPORARY ASSIGNMENT SHALL NOT LAST LONGER

wv


1 THAN SIX (6) MONTHS WITHOUT THE CONSENT OF THE
2 METROPOLITAN TRIAL JUDGE CONCERNED.

3 SECTION 3. Section 31 of Batas Pambansa Blg. 129, as amended, is

4 hereby further amended to read as follows:

“SEC. 31. - Municipal CIRCUIT Trial Courts. - There shall be

6 a Municipal Circuit Trial Court in each area defined as a municipal
7 circuit, comprising one or more cities and/or one or more
8 municipalities. The municipalities comprising municipal circuits as
7, organized under Administrative Order No. 33, issued on June 13,
10 1978 by the Supreme Court pursuant to Presidential Decree No.

i 537, are hereby constituted as municipal circuits for purposes of the

12 establishment of the Municipal Circuit Trial Courts; and the

13 appointments thereto of Municipal Circuit Trial Judges: Provided,

14 however, That the Supreme Court may, as the interests of justice

15 may require, further reorganize the said courts taking into account

16 workload, geographical location, and such other factors as will

17 contribute to a rational allocation thereof, pursuant to the

18 provisions of Presidential Decree No. 537 which shall be applicable

19 insofar as they are not inconsistent with this Act.

20 Every Municipal Circuit Trial Judge shall be appointed to a

21 municipal circuit which shall be his official station.

22 The Supreme Court shall determine the city or municipality

23 where the Municipal Circuit Trial Court shall hold sessions.”

24 SECTION 4. A new section, Section 31-A, is hereby inserted

25 to read as follows:

26 “SEC.31-A. A MUNICIPAL TRIAL JUDGE SHALL BE

27 APPOINTED TO A JUDICIAL REGION TO PRESIDE OVER A

28 MUNICIPAL TRIAL COURT IN CITIES, MUNICIPAL TRIAL

29 COURT OR A MUNICIPAL CIRCUIT TRIAL COURT WHICH

30 SHALL BE HIS PERMANENT STATION, AND HIS

31 APPOINTMENT SHALL STATE THE BRANCH OF THE

we


1 COURT AND THE SEAT THEREOF TO WHICH HE SHALL BE

2 ORIGINALLY ASSIGNED. IN THE EVENT OF VOLUNTARY
3 APPLICATIONS FOR LATERAL TRANSFERS BY SITTING
4 JUDGES TO ANOTHER REGION OR TO ANOTHER BRANCH
oh WITHIN THE REGION, THE SUPREME COURT SHALL ACT
6 UPON SAID APPLICATIONS AND SHALL ISSUE THE
7 APPROPRIATE ORDERS FOR THE PURPOSE; PROVIDED
8 THAT THE SAID TRANSFER SHALL NOT IN ANY MANNER

9 BE INIMICAL TO THE SPEEDY DISPENSATION OF JUSTICE.
10 HOWEVER, THE SUPREME COURT MAY ASSIGN
ll TEMPORARILY A MUNICIPAL TRIAL JUDGE TO ANY

12 MUNICIPAL COURT IN ANOTHER REGION OR TO
13 ANOTHER BRANCH WITHIN THE REGION, AS PUBLIC
4 INTEREST MAY REQUIRE, PROVIDED THAT SUCH
15 TEMPORARY ASSIGNMENT SHALL NOT LAST LONGER
16 THAN SIX (6) MONTHS WITHOUT THE CONSENT OF THE
17 MUNICIPAL TRIAL JUDGE CONCERNED.”

18 SECTION 5. A new Section 44 is hereby inserted into Batas Pambansa Blg.
19 129 as amended, which is to read as follows:

20 “SEC. 44. THE AMOUNT NECESSARY TO CARRY OUT
21 THE PROVISIONS OF THIS ACT ON PRIORITY BASIS AS
22 DETERMINED BY THE SUPREME COURT IS HEREBY
23 AUTHORIZED TO BE INCLUDED IN THE APPROPRIATIONS
24 OF THE SUPREME COURT IN THE ANNUAL GENERAL
25 APPROPRIATIONS ACT OF THE YEAR FOLLOWING ITS
26 ENACTMENT INTO LAW AND THEREAFTER: PROVIDED,
27 THAT, TO EFFECTIVELY IMPLEMENT THIS ACT, THE
28 SUPREME COURT IS HEREBY VESTED WITH THE POWER
29 TO PRIORITIZE OR TO DETERMINE WHICH SALA OR
30 SALAS SHALL BE ESTABLISHED FOR A GIVEN YEAR:
31 PROVIDE, FURTHER, THAT, FOR REASONS OF EFFICIENCY,
32 ECONOMY AND ACCESSIBILITY, THE SUPREME COURT IS

HEREBY AUTHORIZED TO TRANSFER A SALA FROM ONE
34 STATION, AS DETERMINED HEREIN, TO ANOTHER



Ren

WITHIN THE SAME JUDICIAL REGION: PROVIDED,
FINALLY, THAT THE SUPREME COURT SHALL NOT EFFECT
THE TRANSFER OF A SALA OFTENER THAN ONCE EVERY
THREE (3) YEARS.”

SECTION 6. The existirig Sections 44 through 48 of Batas Pambansa Blg. 129 as
amended are hereby renumbered as Sections 45 through 49 accordingly.
SECTION 7. Repealing Clause - All other laws, decrees, executive orders,
executive issuances or letters of instructions, rules and regulations, or any part
thereof, inconsistent or contrary to the provisions of this Act are hereby deemed
repealed, amended or modified accordingly.

SECTION 8. Separability Clause - If any provision of this Act is declared
unconstitutional or invalid, other parts or provisions hereof not affected shall
continue to be in full force and effect.

SECTION 9. Effectivity. - This Act shall take effect (15) days after completion of
its publication in the Official Gazette or of two (2) newspapers of general

circulation.

Approved,

uw