iS REPRESEN

Republic of the Philippines fey E-Filed
HOUSE OF REPRESENTATIVES iS RECEIVED
Quezon City DATE August 23, 2022
NINETEENTH CONGRESS * TWE 2:10 pm
First Regular Session Fa Cul i
HOUSE BILL NO. 4033 Wp INDEX:

Introduced by the Honorable ANIELA BIANCA D. TOLENTINO

EXPLANATORY NOTE

Our country has gone a long way since there was a law increasing the
number of Court of Appeals Justices, it was back in 1996. There has been a lot of
development in the Philippines since 1996. This representation believes that
development should be holistic, it should cover all fronts, including dispute resolution
and dispensation of justice.

The economic progress, increase in population, and growth of businesses that
the country has experienced for the past years 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.

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. Further, the increase in number of Court of Appeals
Justices will complement the economic growth that the Philippines is experiencing.

Further, this proposed legislation will 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.

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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.

For the Filipino people, approval of the bill is earnestly sought.


Republic of the Philippines.
HOUSE OF REPRESENTATIVES.
Quezon City
NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 4033.

Introduced by the Honorable ANIELA BIANCA D. 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 Blg. 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 Blg. 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 a 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.