REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. _54'73_

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTE

Article VIII Section 6 of the 1987 Constitution expressly provides that "/7'Jhe 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 nomination 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. | 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 a
judge makes a lateral transfer like this, he accumulates political debts, which weaken his
independence.”

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, the immediate passage of this bill is earnestly sought.

.

;ARWC. ALEJANO


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

5473
No.

House

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

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 House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 17 of Batas Pambansa Blg. 129, otherwise known as "The
Judiciary Reorganization Act of 1980", is hereby amended to read as follows:

"Sec. 17. Appointment, [and] assignment AND REASSIGNMENT of
Regional Trial Judges

Every Regional Trial Judge shall be appointed to a 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. However,
the Supreme Court may assign temporarily OR REASSIGN
PERMANENTLY a Regional Trial Judge to ANY BRANCH OF
REGIONAL TRIAL COURT IN THE PHILIPPINES [another 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], TEMPORARY ASSIGNMENTS SHALL NOT
REQUIRE THE CONSENT OF THE REGIONAL TRIAL JUDGE
CONCERNED, EXCEPT WHEN THE PERIOD OF ASSIGNMENT
EXCEEDS SIX (6) MONTHS. PERMANENT REASSIGNMENTS
SHALL REQUIRE THE CONSENT OF THE REGIONAL TRIAL
JUDGE CONCERNED AND SHALL CREATE A PERMANENT
VACANCY IN THE ORIGINAL OFFICE NO REGIONAL TRIAL
JUDGE SHALL BE PERMANENTLY REASSIGNED BY THE
SUPREME COURT TO ANOTHER STATION MORE THAN ONCE
IN FIVE (5) YEARS.”


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‘SEC. 2. Section 28 of the same law is hereby amended to read as follows:

“Sec. 28. Other Metropolitan Trial Courts. - The Supreme Court shall
constitute Metropolitan Trial Courts in such other metropolitan areas as may
be established by law whose territorial jurisdiction shall be co-extensive with
the cities and municipalities comprising the metropolitan area

Every Metropolitan Trial Judge shall be appointed to a metropolitan
area 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. HOWEVER, THE SUPREME COURT MAY ASSIGN
TEMPORARILY OR REASSIGN PERMANENTLY A
METROPOLITAN TRIAL JUDGE TO ANY BRANCH OF
METROPOLITAN TRIAL COURT, MUNICIPAL TRIAL COURT OR
MUNICIPAL CIRCUIT TRIAL COURT IN THE PHILIPPINES AS
PUBLIC INTEREST MAY REQUIRE. TEMPORARY ASSIGNMENTS
SHALL NOT REQUIRE THE CONSENT OF THE METROPOLITAN
TRIAL JUDGE CONCERNED, EXCEPT WHEN THE PERIOD OF
ASSIGNMENT EXCEEDS SIX (6) MONTHS. PERMANENT
REASSIGNMENTS SHALL REQUIRE THE CONSENT OF THE
METROPOLITAN TRIAL JUDGE CONCERNED AND SHALL
CREATE A PERMANENT VACANCY IN THE ORIGINAL OFFICE.
NO METROPOLITAN, MUNICIPAL OR MUNICIPAL CIRCUIT
TRIAL JUDGE SHALL BE PERMANENTLY REASSIGNED BY THE
SUPREME COURT TO ANOTHER STATION MORE THAN ONCE
IN FIVE (5) YEARS. [A Metropolitan Trial Judge may be assigned by the
Supreme Court to any branch within said metropolitan area as the interest of

justice may require, and such assignment shall not be deemed an assignment

follows:

to another station within the meaning of this section. |”

SEC. 3. Section 30 of the same law, as amended, is hereby further amended to read as

"Sec. 30. Municipal Trial Courts, - in each of the municipalities that
are not comprised within a metropolitan area and a municipal circuit, there
shall be a Municipal Trial Court which shall have one branch, except as,
hereunder provided:

‘Two branches for San Femando, La Union;
Four branches for Tuguegarao;
Three branches for Lallo, and two branches for Aparri, both of
Cagayan;
‘Two branches for Santiago, Isabela;
Two branches each for Malolos, Meycauayan and Bulacan, all of
Bulacan Province;
Four branches for San Fernando and two branches for Guagua, both of
Pampanga;
‘Two branches for Tarlac, Tarlac;
‘Two branches for San Pedro, Laguna; and


eVaunune

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B
4
15
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a
2
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28
29
31
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4s
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Two branches each for Antipolo and Binangonan, both in Rizal.

EVERY MUNICIPAL TRIAL JUDGE SHALL BE APPOINTED
TO A MUNICIPALITY WHICH SHALL BE HIS STATION
HOWEVER, THE SUPREME COURT MAY ASSIGN TEMPORARILY
OR REASSIGN PERMANENTLY A MUNICIPAL TRIAL JUDGE TO
ANY BRANCH OF METROPOLITAN TRIAL COURT, MUNICIPAL
TRIAL COURT OR MUNICIPAL CIRCUIT TRIAL COURT IN THE
PHILIPPINES AS PUBLIC INTEREST MAY REQUIRE.
TEMPORARY ASSIGNMENTS SHALL NOT REQUIRE THE
CONSENT OF THE MUNICIPAL TRIAL JUDGE CONCERNED,
EXCEPT WHEN THE PERIOD OF ASSIGNMENT EXCEEDS SIX (6)
MONTHS. PERMANENT REASSIGNMENTS SHALL REQUIRE THE
CONSENT OF THE MUNICIPAL TRIAL JUDGE CONCERNED AND
SHALL CREATE A PERMANENT VACANCY IN THE ORIGINAL
OFFICE. NO METROPOLITAN, MUNICIPAL, OR MUNICIPAL
CIRCUIT TRIAL JUDGE SHALL BE PERMANENTLY REASSIGNED
BY THE SUPREME COURT TO ANOTHER STATION MORE THAN
ONCE IN FIVE (5) YEARS.

SEC. 4. Section 31 of the same law is hereby amended to read as follows:

"Sec. 31. Municipal Circuit Trial Court, - There shall be a Municipal
Circuit Trial Court in each area defined as a municipal circuit, comprising one
or more cities and/or one or more municipalities. The municipalities
comprising municipal circuits as organized under Administrative Order No.
33, issued on June 13, 1978 by the Supreme Court pursuant to Presidential
Decree No. 537, are hereby constituted as municipal circuits for purposes of
the establishment of the Municipal Circuit Trial Courts, and the appointment
thereto of Municipal Circuit Trial Judges: Provided, however, That the
Supreme Court may, as the interest of justice may require, further reorganize
the said courts taking into account workload, geographical location, and such
other factors as will contribute to rational allocation thereof, pursuant to the
provisions of Presidential Decree No: 35 537 which shall be applicable insofar
as they are not inconsistent with this Act.

Every Municipal Circuit TRIAL Judge shall be appointed to a
municipal circuit which shall be his [official] station. HOWEVER, THE
SUPREME COURT MAY ASSIGN TEMPORARILY OR REASSIGN
PERMANENTLY A MUNICIPAL CIRCUIT TRIAL JUDGE TO ANY
BRANCH OF METROPOLITAN TRIAL COURT, MUNICIPAL
TRIAL COURT AND MUNICIPAL CIRCUIT TRIAL COURT IN THE
PHILIPPINES AS PUBLIC INTEREST MAY REQUIRE.
TEMPORARY ASSIGNMENTS SHALL NOT REQUIRE THE
CONSENT OF THE MUNICIPAL CIRCUIT JUDGE CONCERNED,
EXCEPT WHEN THE PERIOD OF ASSIGNMENT EXCEEDS SIX (6)
MONTHS. PERMANENT REASSIGNMENTS SHALL REQUIRE THE
CONSENT OF THE MUNICIPAL CIRCUIT TRIAL JUDGE
CONCERNED AND SHALL CREATE A PERMANENT VACANCY IN


THE ORIGINAL OFFICE. NO METROPOLITAN, MUNICIPAL, OR
MUNICIPAL CIRCUIT TRIAL JUDGE SHALL BE PERMANENTLY
REASSIGNED BY THE SUPREME COURT TO ANOTHER STATION
MORE THAN ONCE IN FIVE (5) YEARS.

The Supreme Court shall determine the city or municipality where the
Municipal Circuit Trial Court shall hold sessions."

SEC. 5. All laws, decrees, orders and other issuances inconsistent with the provisions
of this Act are repealed or modified accordingly

SEC. 6. This Act shall take effect fifteen (15) days following its publication in the
Official Gazette or in at least two (2) national newspapers of general circulation.

Approved,