Question & AnswerQ&A (Commonwealth Act No. 3)
The courts referred to are the Supreme Court, the Court of Appeals, and the Courts of First Instance.
All moneys including fees, fines, forfeitures, costs or other receipts paid into the Supreme Court, Court of Appeals, or Courts of First Instance shall be received by the clerks of court and paid into the Philippine Treasury to the credit of the proper account, except for certain fines where parts accrue to the school funds of municipalities and provinces.
Forty percent (40%) of the fines accrue to the school funds of the municipality, and ten percent (10%) accrue to the school funds of the respective provinces.
The Supreme Court consists of a Chief Justice and six Associate Justices.
All Justices must be present to constitute a quorum for cases imposing the death penalty.
They are appointed by the President of the Philippines with the consent of the Commission on Appointments of the National Assembly.
At least five Justices of the Supreme Court must concur to declare a law or treaty unconstitutional.
The Court of Appeals consists of a Presiding Judge and ten appellate Judges. Eight Judges constitute a quorum for sessions in bane and four Judges for sessions in division.
The Court of Appeals has exclusive appellate jurisdiction over cases not enumerated under Section 138 of the Act and has original jurisdiction to issue writs such as mandamus, prohibition, injunction, certiorari, habeas corpus in aid of its appellate jurisdiction.
The case shall be certified to the Supreme Court for final determination.
Both courts hold their sessions in the City of Manila.
They must have the same qualifications as those provided in the Constitution for Members of the Supreme Court.
The President of the Philippines may designate Judges of the Court of Appeals to sit temporarily in the Supreme Court or Judges of First Instance to sit temporarily in the Court of Appeals upon recommendation of the Chief Justice.
The court or division shall stand ipso facto adjourned until the requisite number of Justices or Judges is present, with a memorandum inserted by the clerk in the court minutes.
Such cases shall be sent to the proper court which will hear them as if originally brought before it.
Clerks of the Supreme Court, Court of Appeals, and Courts of First Instance must make annual reports to the Secretary of Justice concerning the business done in their courts.
They shall vacate their offices and new appointments shall be made in accordance with the Constitution.
A total of one hundred seventy-five thousand pesos was appropriated until December 31, 1936, plus ninety thousand pesos saved from Supreme Court appropriations.
A concurrence of at least four Justices is required for general cases, but for declaring laws or treaties unconstitutional, at least five Justices must concur.