QuestionsQuestions (Republic Act No. 4201)
Republic Act No. 4201 amends Section 3 of Commonwealth Act No. 103, as amended by Commonwealth Acts Nos. 255, 355, and 559.
It prescribes the number of court personnel positions and their corresponding salaries and qualifications.
Membership in the Philippine Bar and actual practice of law in the Philippines for at least five years, or having occupied during a like period within the Philippines a position requiring admission to the practice of law as an indispensable requisite.
There shall be six senior deputy clerks of court, each with a salary of six thousand pesos per annum.
There shall be twelve deputy clerks, each with a salary of four thousand eight hundred pesos per annum.
Generally, the qualifications are the same as those prescribed for provincial fiscals, except for hearing examiners mentioned in paragraph (f), whose qualifications differ (actual practice for at least three years, or prior positions requiring bar admission, or bar members with continuous court service in any capacity for at least two years).
There are thirty hearing examiners: (a) five at 10,800/year; (b) five at 10,200/year; (c) five at 9,600/year; (d) five at 9,000/year; (e) five at 8,400/year; and (f) five at 7,200/year.
Their qualifications are those of provincial fiscals; salaries are eleven thousand four hundred pesos per annum for the chief prosecutor and ten thousand eight hundred pesos per annum for the assistant chief prosecutor.
There are twenty-four court prosecutors: (a) four at 10,200/year; (b) four at 9,600/year; (c) four at 9,000/year; (d) four at 8,400/year; (e) four at 7,800/year; and (f) four at 7,200/year.
All appointments by the presiding judge are subject to the approval of the Secretary of Justice.
They shall receive the salary raise corresponding to their rank and seniority/experience without the necessity of a new appointment, and they shall not be removed or demoted due to the Act alone.
Only if the incumbent lacks the necessary qualifications provided in the Act (in which case he may be reappointed to another available position where he may be qualified), or except for cause upon compliance with due process provided by law.
It appropriates, in addition to current sums in the Appropriation Act, such additional sums as may be necessary out of any funds in the National Treasury not otherwise appropriated to carry out the Act.
It takes effect on July 1, 1965.
The presiding judge may further appoint and fix compensation of other officers, employees, and technical staff as may be necessary, subject to the Civil Service Law and subject to the approval of the Secretary of Justice.
Examples: Clerk of Court (membership in the Philippine Bar and 5 years practice); senior deputy clerks of court (membership in the Philippine Bar); legal officers, research attorneys, and the chief of the reporter and publication section (must be members of the Philippine bar). These requirements appear within the qualifications clauses listed in Section 1.