Title
Amendments to Judiciary Act of 1948
Law
Republic Act No. 5204
Decision Date
Jun 15, 1968
The amendment to Republic Act No. 296 establishes the composition and procedures of the Court of Appeals in the Philippines, including the appointment of justices, sessions in banc and divisions, and the requirement for complete findings of fact in every decision.

Questions (Republic Act No. 5204)

The Court of Appeals consists of a Presiding Justice and twenty-three Associate Justices. The Justices are appointed by the President of the Philippines with the consent of the Commission on Appointments.

They retain the precedence entitled under their original appointment, and their prior service is considered continuous and uninterrupted for all intents and purposes.

The Presiding Justice and Associate Justices of the Court of Appeals shall not be removed except on impeachment, upon the grounds and in the manner provided for in Article IX of the Constitution.

As a body, the Court of Appeals sits in bane, but it may sit in eight divisions of three justices each, and the eight divisions may sit at the same time.

Its permanent office is in the City of Manila.

Upon recommendation of the Secretary of Justice, with certification of the Presiding Justice, and when public interest demands, the Supreme Court may authorize divisions to hold periodic sessions outside Manila for cases originating from specific groups of judicial districts.

A copy of the rule or resolution authorizing the outside sessions must be sent to the Secretary of Justice, who then makes the necessary arrangements with the concerned provincial or national officers to provide halls, office spaces, and accommodations.

Fifteen justices constitute a quorum for sessions in bane.

Three justices constitute a quorum for a division. If the requisite number is not present, the Court or division stands ipso facto adjourned until the quorum is present, and the clerk inserts a memorandum of the fact in the minutes.

The affirmative vote of thirteen justices is necessary to pass a resolution in bane.

The unanimous vote of the three justices of a division is necessary for the pronouncement of a judgment.

The Presiding Justice designates two other justices to sit temporarily with them, forming a division of five justices, and the concurrence of a majority of the five is necessary for the pronouncement of judgment.

Every decision must contain complete findings of fact on all issues properly raised before it.

All cases submitted to a division for decision must be decided or terminated within the term in which they were heard and submitted for decision.

Upon petition of the division, if the case is complicated or attended with special circumstances requiring additional time, the Court of Appeals sitting in bane may grant an additional period not exceeding two months.

The Court may appoint eight deputy clerks of court. The first deputy receives annual compensation of ₱11,100, and each of the other deputy clerks receives ₱10,800 annually, subject to the qualifications required of the clerk of the Court of Appeals.


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