QuestionsQuestions (BATAS PAMBANSA BLG. 129)
It is the “Judiciary Reorganization Act of 1980.” Its reorganization covers the Court of Appeals, Courts of First Instance, Circuit Criminal Courts, Juvenile and Domestic Relations Courts, Courts of Agrarian Relations, City Courts, Municipal Courts, and Municipal Circuit Courts.
The IAC consists of a Presiding Appellate Justice and forty-nine (49) Associate Appellate Justices, for a total of 50 members appointed by the President.
The IAC may sit en banc only for administrative, ceremonial, or other non-adjudicatory functions; adjudication is generally done through divisions.
The IAC has ten (10) divisions, each composed of five (5) members. Four (4) are Civil Cases Divisions, two (2) are Criminal Cases Divisions, and four (4) are Special Cases Divisions.
Appointments must specify whether a justice is for Civil, Criminal, or Special Cases Divisions. Cross-assignment is prohibited except when authorized by the Supreme Court upon recommendation of the IAC en banc due to exigencies, but no transfer for more than six (6) months. A permanent vacancy in a division’s chairmanship allows the next in precedence to assume the chairmanship.
It has original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto and auxiliary writs, plus exclusive original jurisdiction over annulment of Regional Trial Court judgments. It also has exclusive appellate jurisdiction over all final RTC judgments and decisions of quasi-judicial agencies, except those within the Supreme Court’s constitutional and statutory appellate jurisdiction.
For IAC en banc, a majority of actual members constitutes quorum; affirmative votes of a majority of those present are needed. For a division, three members constitute quorum; affirmative votes of three are needed to pronounce a decision or final resolution.
A motion for reconsideration must be resolved within ninety (90) days from submission. No second motion is allowed unless the first motion results in reversal or substantial modification; the second motion must be resolved within forty-five (45) days from submission.
The Supreme Court defines each RTC branch’s territory. That territory is deemed the branch’s territorial area for venue of suits and proceedings (civil or criminal) and for determining which lower courts over which the branch may exercise appellate jurisdiction.
BP Blg. 129 creates thirteen (13) RTCs—one for each judicial region. It then details the number of branches and seats per province/city per region.
A person must be a natural-born citizen, at least thirty-five (35) years old, and for at least ten (10) years engaged in law practice in the Philippines or held a public office requiring admission to the practice of law as an indispensable requisite.
RTCs have exclusive original jurisdiction over civil actions incapable of pecuniary estimation; those involving title/possession of real property (with exceptions for forcible entry/unlawful detainer); admiralty/maritime claims exceeding P20,000; probate matters where gross estate exceeds P20,000; matters involving contract of marriage and marital relations; and other cases where the demand (exclusive of interest and costs) or value of property in controversy exceeds P20,000.
They have exclusive original jurisdiction over (1) violations of city/municipal ordinances, and (2) offenses punishable with imprisonment not exceeding four years and two months, or a fine not exceeding P4,000, or both—regardless of other accessory penalties and civil liability predicated on such offenses, with an exception regarding criminal negligence damaging property (where the fine threshold is P20,000).
If in pleadings the defendant raises ownership and the issue of possession cannot be resolved without deciding ownership, the ownership issue shall be resolved only to determine the issue of possession.
The period for appeal is fifteen (15) days from notice of the final order/resolution/award/judgment/decision. For habeas corpus, it is forty-eight (48) hours from notice of the judgment appealed from.
Existing courts continue functioning until the President declares completion of reorganization, upon which the old courts are deemed automatically abolished and incumbents cease to hold office. Pending cases are transferred to appropriate courts constituted under the Act with records, equipment, property, and necessary personnel; appropriations are also transferred/augmented.