Disposition of Funds Paid into Court
- All money accruing to the government in these courts (fees, fines, forfeitures, costs, trust or depository funds) shall be received by clerks of court and paid into the Philippine Treasury under Auditor General regulations.
- 40% of fines under specific code sections accrue to the school fund of the municipality of the offense; 10% accrue to the provincial school fund.
- Clerks may only receive money belonging to private parties if authorized by law.
Annual Reporting Requirement of Clerks
- Clerks of the Supreme Court, Court of Appeals, and Courts of First Instance must submit annual reports on court business to the Secretary of Justice in prescribed form.
Composition and Quorum of the Supreme Court
- Supreme Court consists of a Chief Justice and six Associate Justices.
- Six Justices constitute a quorum; all Justices must be present for death penalty cases.
- In absence of quorum or Justices, the President may designate Court of Appeals judges to sit temporarily, excluding those who participated in the case below.
Decision Requirements in Supreme Court
- At least four Justices must concur to pronounce judgment.
- For law or treaty unconstitutionality declarations, at least five Justices must concur; if not met, the law/treaty is upheld.
- Unanimous decision required for death penalty judgment; if not reached, a lesser penalty must be imposed.
Location of Supreme Court Sessions
- All sessions are to be held in the City of Manila.
Appointment, Seniority, and Vacancy Procedures for Supreme Court Justices
- Justices appointed by the President with Commission on Appointments consent.
- Precedence among Associate Justices based on commission dates and issuance order.
- In Chief Justice vacancy or incapacity, the longest-serving Associate Justice assumes duties until resolution.
Jurisdiction of the Supreme Court
- Original jurisdiction includes cases affecting ambassadors and public ministers.
- Exclusive appellate jurisdiction over:
- Constitutionality of laws, treaties, executive orders.
- Tax and penalty legality.
- Jurisdictional issues of inferior courts.
- Criminal cases with death or life imprisonment penalties.
- Civil cases exceeding ₱25,000 or involving real estate exceeding this value.
- Cases involving only questions of law.
Establishment and Composition of the Court of Appeals
- Consists of one Presiding Judge and ten appellate Judges, appointed by the President with consent.
- May sit en banc or in two divisions (six and five Judges).
- Presiding Judge presides; in absence, Judge with highest precedence presides.
Vacancy and Temporary Appointment in Court of Appeals
- Vacancy or incapacity of Presiding Judge filled temporarily by highest precedence Judge.
- The President may designate Judges of First Instance temporarily to the Court of Appeals upon Chief Justice recommendation; excluded from cases they previously ruled on.
Qualifications and Compensation of Court of Appeals Judges
- Same qualifications as Supreme Court Justices.
- Presiding Judge receives ₱12,000 annually; other Judges ₱11,000.
Jurisdiction of the Court of Appeals
- Exclusive appellate jurisdiction over cases not under Supreme Court.
- Decisions generally final but subject to Supreme Court review via certiorari on questions of law.
- Original jurisdiction to issue writs aiding appellate jurisdiction (mandamus, prohibition, injunction, certiorari, habeas corpus).
Case Management and Quorum in Court of Appeals
- Sessions conducted in Manila.
- Quorum: eight Judges en banc; four Judges in division.
- Cases allocated between divisions; majority vote required for judgment.
- Criminal cases involving death or life imprisonment penalties sent to Supreme Court.
- Cases unresolved or upon Presiding Judge's order are heard en banc; majority of six votes required.
Rules and Administration of the Court of Appeals
- The Court may adopt rules for case allotment, division constitution, rotation, filling vacancies, and other business.
- Appointment of Clerk of Court requiring a minimum of five years law practice or experience as court clerk.
- Clerk's salary ₱4,000, bond of ₱20,000 required for faithful duties.
- Deputies or assistants may be required to post bond.
- Deputy Clerk and other officers appointed with prescribed compensation.
Transfer and Certification of Cases
- Cases improperly brought to Supreme Court or Court of Appeals are transferred to the appropriate court.
- Cases pending in Supreme Court that fall under Court of Appeals jurisdiction shall be certified to the latter unless evidence-taking had been completed.
Applicability of Appeal Laws and Administrative Code Provisions
- Existing laws and procedural rules on appeals to Supreme Court apply to appeals to Court of Appeals.
- Specific Administrative Code provisions are applicable to Court of Appeals as far as compatible.
Effect on Existing Justices and Repeal of Inconsistent Laws
- Current Supreme Court Justices appointed outside constitutional provisions must vacate.
- New appointments made under the Constitution.
- Repeal of inconsistent laws or parts of Acts.
Appropriations for Implementation
- Appropriates ₱175,000 plus savings of ₱90,000 from Supreme Court budget to fund the establishment and operation of the Court of Appeals, including salaries and expenses until December 31, 1936.
Effective Date
- The Act takes effect on February 1, 1936.