Republic of the Philippines 07 Ave Log

HOUSE OF REPRESENTATIVES {|
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

House Bill No. 2186

Introduced by Honorable Roy M. Loyola

EXPLANATORY NOTE

This bill seeks to create separate municipal trial courts for the
municipalities of Carmona and General Mariano Alvarez (GMA), both in the
province of Cavite.

At present, it is the 5° Municipal Circuit Trial Court of Carmona-
General Mariano Alvarez, Cavite sitting in Carmona, Cavite which has
jurisdiction over case emanating from the municipalities of Carmona and
GMA.

No less than our Constitution provides that “free access to the courts
and quasi-judicial bodies and adequate legal assistance shall not be denied to
any person by reason of poverty” and “all persons shall have the right to
speedy disposition of their cases before all judicial, quasi-judicial, or
administrative bodies. (Article III, Section 11 and 16, The 1987 Constitution of
the Philippines).

According to the 2010 Census, the municipality of GMA, Cavite has an
estimated population of 138,540. On the other hand, the municipality of
Carmona, Cavite has an estimated population of 74,896. On top of the ever
increasing population, the municipality of Carmona, Cavite is host to
thousands of employees working in more than 200 factories located in 8
industrial complexes. As a result, there is a sudden increase in the number of
cases filed in the said court.

Another point to consider is distance of the existing 5'" Municipal Circuit
Trial Court of Carmona-GMA sitting in Carmona, Cavite from municipality of
GMA. Compounding the woes of resident-litigants from GMA are their limited
financial resources. Many of these litigants have no means of transportation
or money to pay for public transport. It is a great burden for them to go to
Carmona. In many cases, they no longer seek redress of their grievances in
court and just take the injustice they suffered in silence. In effect, they are
being denied access to our courts by reason of their poverty.

9 Me fi

“Peps


In order to ensure and safeguard our constituents in Carmona and
GMA, Cavite their constitutional rights to free access to courts and speedy
disposition of their cases, | earnestly urge my esteemed colleagues in the
House of Representatives to join me in seeking impedjate/approval of this
Bill.

OY M. LOYOLA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

House Bill No. 2186

Introduced by Honorable Roy M. Loyola

AN ACT CREATING SEPARATE MUNICIPAL TRIAL COURTS FOR THE
MUNICIPALITIES OF CARMONA AND GENERAL MARIANO ALVAREZ,
BOTH IN THE PROVINCE OF CAVITE, ABOLISHING THEREBY THE
EXISTING 5" MUNICIPAL CIRCUIT TRIAL COURT OF CARMONA-
GENERAL MARIANO ALVAREZ, CAVITE, AMENDING FOR THE
PURPOSE BATAS PAMBANSA BLG 129, OTHERWISE KNOWN AS THE
“JUDICIARY REORGANIZATION ACT OF 1980”

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

SECTION 1. The 5” Municipal Circuit Trial Court of Carmona-General
Mariano Alvarez, Cavite sitting in Carmona, Cavite is hereby abolished. In its place,
there shall be created separate municipal trial courts for the municipalities of
Carmona and General Mariano Alvarez, both in the province of Cavite.

SECTION 2. All cases pending in the Sth Municipal Circuit Trial Court of
Carmona-General Mariano Alvarez, Cavite shall be transferred to the proper
Municipal trial court created herein and shall be tried and decided therein.

SECTION 3. The Chief Justice is hereby authorized to create new and
additional positions, to make changes in assignments of personnel, and to effect
such reorganization as may be necessary to fully implement this Act. Provided, the
same shall not undermine the security of tenure of the incumbent judge and
personnel of the 5” Municipal Circuit Trial Court of Carmona-General Mariano
Alvarez.


SECTION 4. The Chief Justice of the Supreme Court, in coordination with the
Secretary of the Department of Justice, shall immediately include the funds
necessary to fully operationalize the courts created by this Act in the annual General

Appropriations Act,

SECTION 5. Batas Pambansa Bilang No. 129, otherwise known as “The
Judiciary Act of 1980" as amended and all other laws, rules and regulations which
are inconsistent herewith are hereby amended, repealed, and/or modified

accordingly,

SECTION 6. This Act shall take effect fifteen (15) days after completion of its
publication in the Official Gazette or in two (2) newspapers of general circulation

Approved,