HOUSEF R57,

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVES. .
Quezon Ci pare, 06 SEP 2016

17" CONGRESS swe, [eb
S CONGRESS
First Regular Session By: Cal

HOUSE BILL no, 3489 | RECISTRATION UNIT,
BILLS AND INDEX SERVICE

;CUDERO.

EVELINA G.

Introduced by RE!

EXPLANATORY NC

This bill is being filed to possibly further enhance the disposition of

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.

EVELINA G, ESCUDERO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17" CONGRESS,
First Regular S

nouse BiL.No,_ 8489

Introduced by REP, EVELINA G,

;CUDERO.

AN ACT.
BATAS PAMBANSA BLG.
OF 1980, AS AMENDED.

FURTHER AMENDING
REORGANIZATION ACT

129, OR THE JUDICIARY

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

_ 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
BE INIMICAL TO THE
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,

A Regional Trial Judge may be assigned by the Supreme Court to any branch
or city or municipality within the same region as public interest may require, and
such assignment shall not be deemed an assignment to another station within the
meaning of this section. ”

SEC, 2. Section 28 of Batas Pambansa Blg. 129, as amended, is hereby further amended to
read as follows:

“SEC. 28. - Other Metropolitan Trial Courts. ¢ 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. IN THE
EVENT OF VOLUNTARY APPLICATIONS FOR LATERAL TRANSFERS:
s TING JUDG TO ANOTHER REGION OR TO ANOT!
BRANCH WITHIN THE SAME REGION, THE SUPREME COURT §
ACT UPON SAID APPLICATIONS AND SHALL _ ISSU
ERS FOR THE PURPOSE; PROVIDED
SAID TRANS NOT IN ANY MANNER BE INIMICAL TO
SPEEDY DISPENSATION OF JUSTICE. 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 d
assignment to another station within the meaning of this section, HOWEVER,
SUPREME COURT MAY ASSIGN TEMPORARILY A METROPOLITAN
TRIAL JUDGE TO ANOTHER REGION OR TO ANOTHER BRANCH
WITHIN T SAME REGION, AS PUBLIC INTEREST MAY REQUIRE,
PROVIDED THAT SUCH TEMPORARY SSIGNMENT SHALL NOT
LAST LONGER THAN SIX (6) MONTHS WITHOUT THE con
THE METROPOLITAN TRIAL JUDGE CONC NED.

EC, 3, Section 31 of Batas Pambansa Blg. 129, as amended, is hereby further amended to
s follows:

read

SEC. 31. - Municipal CIRCUIT Trial Courts. - There shall be a Municipal
Circuit Trial Court in each area defined as a municipal circuit, comprising one ot
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 appointments thereto of Municipal Circuit Trial Judges:
Provided, however, That the Supreme Court may, as the interests of justice may
require, further reorganize the said courts taking into account workload,
graphical location, and such other factors as will contribute to a rational
allocation thereof, pursuant to the provisions of Presidential Decree No. 537 which
shall be applicable insofar as they are not inconsistent with this Act.

Every Municipal Cireuit Trial Judge shall be appointed to a municipal circuit
which shall be his official station.

The Supreme Court shall determine the city or municipality where the

Municipal Circuit Trial Court shall hold sessions.”

SEC. 4. A new section, Section 31-A, is hereby inserted to read as follows

“SEC.31-A. A MUNICIPAL TRIAL JUDGE SHALL BE APPOINTED
+O A JUDICIAL REGION TO PRESIDE OVER A MUNICIPAL TRIAL
COURT CITIES, MUNICIPAL TRIAL COURT OR A MUNICIPAL
CIRCUIT TRIAL COURT WHICH SHALL BE HIS PERMANENT

STATION, AND HIS APPOINTMEN' SHALL STATE THE BRANCH OF

‘OURT AND THE SEAT THEREOF TO WHICH HE SHALL BE

NALLY ASSIGNED. IN THE EVENT OF VOLUNTARY
2



APPLICATIONS FOR LATERAL TRANSFERS BY SITTING JUDGES TO
‘ANOTHER REGION OR TO ANOTHER BRANCH WITHIN THE REGION,
REME COURT SHALL ACT UPON SAID APPLICATIONS AND
UE THE APPROPRIATE ORDERS FOR THE PURPOSE
THAT THE SAID TRANSFER SHALL NOT IN ANY MAN
INIMICAL PEEDY DISPENSATION OF JUSTIC

VER, TH COURT MAY ASSIGN TEMPORARILY A
MUNICIPAL TRIA\ 4 CIPAL COURT IN ANOTHER
REGION OR TO ANOTHER BRANCH WITHIN TE REGION, AS
PUBLIC INTERE: MAY REQUIR' PROVIDED THA’ SUCH
TEMPORARY ASSIGNMENT SHALL NOT LAST LONGER THAN SIX (6)
MONTHS WITHOUT THE CONSENT OF THE MUNICIPAL TRIAL
JUDGE CONCERN!

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

“SEC, 44, THE AMOUNT NECESSARY TO CARRY OUT THE
PROVISIONS OF THIS ACT ON PRIORITY BASIS AS DETERMINED BY
THE SUPREME COURT IS HEREBY AUTHORIZED TO BE INCLUDED
IN THE APPROPRIATIONS OF THE SUPREME COURT IN THE ANNUAL
SENERAL APPROPRIATIONS ACT OF THE YEAR FOLLOWING ITS
NACTMENT INTO LAW AND THEREAFTER: PROVIDED, THAT, TO
EFFECTIVELY IMPLEMENT THIS ACT, THE SUPREME COURT IS
HEREBY VESTED WITH THE POWER TO PRIORITIZE OR TO
DETERMINE WHICH SALA OR SALAS SHALL BE ESTABLISHED FOR
‘A GIVEN YEAR: PROVIDE, FURTHER, THAT, FOR REASONS OF
EFFICIENCY, ECONOMY AND ACC BILITY, THE SUPREME
COURT IS HEREBY AUTHORIZED TO TRANSFER A SALA FROM ON
ATION, AS DETERMINED HEREIN, TO ANOTHER WITHIN THE
SAME JUDICIAL REGION: PROVIDED, FINALLY, THAT THE SUPREME
COURT SHALL NOT EFFECT THE TRANSFER OF A SALA OFTENE
THAN ONCE EVERY THREE (3) YEARS.”

ions 44 through 48 of Batas Pambansa Blg. 129 as amended are

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

SEC, 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 foree and effect

*, 9, Effectivity, ~ This Act shall take effect (15) days after completion of its publication
ly P

in the Official Gazette or of two (2) newspapers of general circulation,

Approved,