BATAS PAMBANSA BLG.129 PDF

FURTHER AMENDED BATAS PAMBANSA BLG. , OTHERWISE SECTION 14, PARAGRAPH (I) OF BATAS PAMBANSA BILANG Cruz, Province of Laguna, further amending for the purpose Batas Pambansa Blg . , otherwise known as “The Judiciary Reorganization Act. to be stationed at the Cities of La Carlota and Bago, amending for the purpose section 14, paragraph (G) of Batas Pambansa Blg. , otherwise known as.

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The cases pending in the old Courts shall be transferred to the appropriate Courts constituted pursuant to this Act, together with the pertinent functions, records, equipment, property and the necessary personnel.

A Metropolitan Trial Judge may be assigned by the Supreme Court to any branch pamvansa said metropolitan area as the interest of justice may require, and such assignment shall not be deemed an assignment to another station within the meaning of this section.

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Section 14, paragraph dof Batas Pambansa Blg. Provided, That such member of pambansaa judiciary or employee shall have the option to retire under the Judiciary Retirement Law or general retirement law, if he has met or satisfied the requirements therefor. The amount necessary to carry out the provisions pambnasa 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 General Appropriations Act of the year following its enactment into law and thereafter: Such judgment shall be appealable to the Batad Trial Courts in accordance with the procedure now prescribed by law for appeals to the Court of First Instance, by the provisions of this Act, and by such rules as the Supreme Court may hereafter prescribe.

Copies of such rules and orders shall be furnished pambana the Supreme Court, which rules and orders shall be effective fifteen 15 days after receipt thereof, unless directed otherwise by the Supreme Court. Provided, howeverThat the Supreme Court may, as the interests of justice may require, further reorganize the said courts taking into account workload, geographical location, and such blg.29 factors as will contribute to a rational allocation thereof, pursuant to the provisions of Presidential Decree No.

The Presiding Justice shall be so designated in his appointment, and the Associate Justice 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.

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Legislature

Three members shall constitute a quorum for the session of a division. Section 14, paragraph cof Batas Pambansa Blg. The municipalities comprising municipal circuits as organized under Administrative Order No. The executive judge of the appropriate Regional Trial Court shall define the administrative procedure of transferring the cases affected by the redefinition of jurisdiction to the Metropolitan Trial Courts, Municipal Trial Court, and Municipal Circuit Trial Court.

The Supreme Court shall adopt special rules or procedures applicable to such cases in order to achieve an expeditious and inexpensive determination thereof without regard to technical rules.

Section 14, paragraph kof Batas Pambansa Blg. Court of Appeals which may give it due course only when the petition shows prima facie that the lower court has committed an error of fact or law that will warrant a reversal or modification of the decision or judgment sought to be reviewed.

Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction; 2. Provided, That where there are several claims or causes of action between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes of action arose out of the same or different transactions.

The preliminary investigation shall be conducted in accordance with the procedure prescribed in Section 1, paragraphs abcand dof Presidential Decree No.

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Quorum — A majority of the actual members of the Court shall constitute a quorum for its session en banc. Provided, pambabsaThat the Supreme Court may, for good reasons, fix a different motion day in specified areas.

In his absence, the Associate Justice attending such session who has precedence shall preside. In the event that the three members do not reach a unanimous vote, the Presiding Justice shall request the Raffle Committee of the Court for the designation of two additional Justice to sit temporarily with them, forming a special division of five members and the concurrence of a majority of such division shall be necessary for the pronouncement of a decision or final resolution.

The decision of the Regional Trial Courts in such cases shall be appealable by petition for review to the Court of Appeals which may give it due course only when the petition shows prima facie that blg129 lower court has committed an error of fact or law that will warrant a reversal or modification of the decision or judgment sought to be reviewed.

However, by agreement of all the parties, civil cases cognizable by municipal and metropolitan courts by the provisions of this Act may be transferred from the Regional Trial Courts to the latter. Municipal Circuit Trial Court. A month for reconsideration of its decision or final resolution shall be resolved by the Court within ninety 90 days from the time it is submitted for resolution, and no second motion for reconsideration from the same party shall be entertainment.

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Legislature | Official Gazette of the Republic of the Philippines | Page 39

Section 14, paragraph lof Batas Pambansa Blg. Special Rules of Procedure.

After five 5 years from the effectivity of this Act, the jurisdictional amounts mentioned in Sec. In case of transfer or redistribution of the provinces, subprovinces, cities or municipalities comprising the regions established by law of purposes of the administrative field organization of the various departments and agencies of the government, the composition of the judicial regions herein constituted shall be deemed modified accordingly.

Summary procedures in special cases. The unanimous vote of the three members of a division shall be necessary for the pronouncement of a decision of final resolution, which shall be reached in consultation before the writing of the opinion by any members of the division. Jurisdiction in criminal cases.

Whenever demanded by public interest, the Supreme Court, upon its own initiative or upon recommendation of the Presiding Justice, may authorize a division of the Court to hold sessions outside Manila, periodically, or for such periods and at such places as the Pambanda Court may determine, for the purpose of hearing and deciding cases.

Such simplified procedures may provide that affidavits and counter-affidavits may be admitted in lieu of oral testimony and that the periods for filing pleadings shall be non-extendible. Section 14, paragraph jof Batas Pambansa Blg. Upon such declaration, the said courts shall be deemed automatically abolished and the incumbents thereof shall cease to hold office.

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

The designation of such additional Justice shall be made strictly by raffle. A Regional Trial Judge may be assigned by the Supreme Court to any branch or b,g.129 or municipality within pambsnsa 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. Section 14, paragraph fof Batas Pambansa Blg.

Any warrant of arrest issued in accordance herewith may be served anywhere in the Philippines.