REPRESEN

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Republic of Philippines fe DEC 18 2018

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HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 5868

Introduced by: Rep. Jericho Jonas B. Nograles

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EXPLANATORY NOTES

This bill seeks to create two (2) additional division of the Court of Appeals in
Davao City which will handle cases coming from the Eleventh and Twelfth Judicial
Regions:

Section 16, Article Ill of the Constitution provides:

“Section 16. All persons shail the right to a speedy disposition of their
cases before all judicial, quasi-judicial, or administrative bodies.”

Pursuant to Republic Act No., the Twenty-first, Twenty-second and Twenty-
third Division of the Court of Appeals in Cagayan de Oro were created to handle cases
from the Ninth, Tenth, and Twelfth Judicial Regions, all from Mindanao. These
divisions exercises jurisdiction over cases originally filed thereof; over actions for
annulment of judgments of Regional Trial Courts (RTCs); and over-all. final
judgements, decisions, resolutions, orders or awards of RTCs and quasi-judicial
agencies, instrumentalities, board or commissions. These divisions of the Court of
Appeals stationed in Cagayan de Oro are heavily clogged with cases despite the
ciligent efforts of the justices assigned to disposed judiciously and expeditiously of
their work.

The proposed creation of additional divisions of the Court of Appeals in Davao
City is utmost importance not only for the people of Davao City but also the provinces
Constituting the Eleventh and Twelfth Judicial Regions. Additional division of the Court
of Appeals in Davao City would greatly help unload the divisions stationed in Cagayan
de Oro City of cases, hence, reducing backlogs. Further, the litigants from the Eleventh
and Twelfth Judicial Regions will no longer need to appeal their cases in Cagayan de
Oro City which is far from their residences,

In view of the foregoing, approval of this bill is earnestly sought.

JERICHO JONASB. NOGRALES



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

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 5868

Introduced by: Rep. Jericho Jonas B. Nograles

AN ACT CREATING TWO (2) ADDITIONAL DIVISIONS OF THE COURT OF
APPEALS IN DAVAO CITY WHICH WILL HANDLE CASES COMING FROM THE
ELEVENTH AND TWELFTH JUDICIAL REGIONS, AMENDING FOR THE
PURPOSE BATAS PAMBANSA BILANG 129, AS AMENDED, OTHERWISE
KNOWN AS THE “JUDICIARY REORGANIZA TION ACT OF 1980,” AND
APPROPRIATING FUNDS THEREFOR.

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

Section 1. Section 3 of the Batas Pambansa Big. 129, as amended is hereby further
amended as follows:

“Sec. 3. Organization. - There is hereby created a Court of Appeals
which shall consist of a Presiding Justice and [ sixty-eight-(68)] SEVENTY.
FOUR (74) 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 Justice shall have precedence according to the dates of their
Tespective appointments, or when the appointments of two or more of them
shall bear the same date, according to the order on which their appointments
were issued by the President. Any member who is reappointed to the Court
after rendering service in any other 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 Batasan 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-three (23)] TWENTY-
FIVE (26) divisions, each composed of three (3) members. The Court may sit
en bane 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 station as follows: The first seventeen (1 7) shall be
stationed in the City of Manila for cases coming from the First to
the Fifth Judicial Regions; the Eighteenth, Nineteenth, and
Twentieth Division shall be in Cebu City for cases coming from
the Sixth, Seventh, and Eighth Judicial Region; the Twenty-
second and Twenty-third Divisions shall be in Cagayan de Oro
City for cases coming from the Ninth [;] AND Tenth [Eleventh-and
Fwelfth] Judicial Regions; AND THE TWENTY-FOURTH AND
TWETY FIFTH 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 such 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. This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in at least two (2) newspapers of general circulation.

Approved.