Legal basis and amendatory coverage
- Republic Act No. 4201 amends Section 3 of Commonwealth Act No. 103 (as amended by Commonwealth Acts Nos. 255, 355, and 559).
- The amendment revises the staffing structure, qualifications, and salary rates for specified court personnel appointed by the presiding judge.
Purpose and policy direction
- Republic Act No. 4201 establishes updated salary rates and qualification standards for enumerated court personnel under the amended Section 3 of Commonwealth Act No. 103.
Key staffing rules and appointments
- Section 3 directs that the presiding Judge of the Court shall appoint one clerk of court (ex-officio a sheriff).
- Section 3 requires the qualifications for the clerk of court to be 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 in the Philippines as an indispensable requisite.
- Section 3 requires that there shall be six senior deputy clerks of court, twelve deputy clerks, and enumerates multiple other positions (hearing examiners, prosecutors, court stenographic reporters, and various administrative and technical staff) with specified salaries and qualifications.
Qualifications and salary schedules
- Clerk of court (ex-officio sheriff): salary is PHP 12,000 per annum and qualifications are bar membership plus 5 years actual practice in the Philippines, or a like period holding a post requiring admission to the practice of law in the Philippines as an indispensable requisite.
- Senior deputy clerks of court: there are 6 positions at PHP 6,000 per annum each, and qualification is membership in the Philippine bar.
- Deputy clerks: there are 12 positions at PHP 4,800 per annum each.
- Chief hearing examiner and assistant chief hearing examiner: there is one chief hearing examiner and one assistant chief hearing examiner with salaries of PHP 12,000 and PHP 11,400 per annum, respectively; qualifications are those of provincial fiscals.
- Hearing examiners: there are 30 hearing examiners with salaries set by subparagraphs (a) through (f):
- (a) 5 at PHP 10,800 per annum each
- (b) 5 at PHP 10,200 per annum each
- (c) 5 at PHP 9,600 per annum each
- (d) 5 at PHP 9,000 per annum each
- (e) 5 at PHP 8,400 per annum each
- (f) 5 at PHP 7,200 per annum each
- Hearing examiner qualifications: qualifications are the same as those prescribed for provincial fiscals, except for those in paragraph (f) which must be actual practice of law in the Philippines for at least 3 years, or having occupied during a like period within the Philippines a position requiring admission to the practice of law in the Philippines as an indispensable requisite, or members of the bar with continuous service with this court in any capacity for at least 2 years.
- Chief prosecutor and assistant chief prosecutor: there is one chief prosecutor at PHP 11,400 per annum and one assistant chief prosecutor at PHP 10,800 per annum; qualifications are those of provincial fiscals.
- Court prosecutors: there are 24 positions with salaries set by subparagraphs (a) through (f):
- (a) 4 at PHP 10,200 per annum each
- (b) 4 at PHP 9,600 per annum each
- (c) 4 at PHP 9,000 per annum each
- (d) 4 at PHP 8,400 per annum each
- (e) 4 at PHP 7,800 per annum each
- (f) 4 at PHP 7,200 per annum each
- Court prosecutor qualifications: qualifications for appointment are the same as those prescribed for hearing examiners.
- Court stenographic reporters: there is one division chief and one assistant chief at PHP 7,200 and PHP 6,000 per annum, respectively; there are 20 senior stenographic reporters at PHP 4,800 per annum each; and 30 junior stenographic reporters at PHP 3,900 per annum each.
- Eligibility for stenographic reporters: senior stenographic reporters must be senior stenographer eligible; junior stenographic reporters must be junior stenographer eligible.
- Other specified positions and salary rates (with fixed counts where stated):
- Administrative officer as division chief: PHP 7,800 per annum
- Budget officer: PHP 6,000 per annum
- Personnel officer: PHP 6,000 per annum
- Cashier: PHP 5,400 per annum
- Budget examiner: PHP 3,720 per annum
- Translators II: 2 at PHP 4,200 per annum each
- Interpreters: 5 at PHP 3,720 per annum each
- Assistant cashier: PHP 3,720 per annum
- Assistant chief of personnel section: PHP 4,200 per annum
- Reference librarian: PHP 3,120 per annum
- Record officer: PHP 4,200 per annum
- Accounting clerk: PHP 3,600 per annum
- Cash clerk: PHP 3,720 per annum
- (Clerk I) senior clerk: PHP 3,720 per annum
- Clerks: 9 at PHP 3,000 per annum each
- Clerical aides: 2 at PHP 2,700 per annum each
- (Storekeeper I) supply officer: PHP 3,600 per annum
- Bailiffs: 3 at PHP 2,580 per annum each
- Security guards: 4 at PHP 2,508 per annum each
- Watchman: PHP 2,400 per annum
- Senior janitor with free quarters, light and water: PHP 2,400 per annum
- Janitors: 8 at PHP 2,400 per annum each
- Chief of the legal and research division: PHP 9,600 per annum, qualification is that of a fiscal
- Legal officers: 2 at PHP 7,200 per annum each
- Research attorneys: 2 at PHP 6,000 per annum each
- Chief of the reporters and publication section: PHP 6,600 per annum
- Proof readers: 2 at PHP 3,000 per annum each
- Mimeograph operator: PHP 2,700 per annum
- Messenger-clerk: PHP 2,160 per annum
- Examining division chief and assistant chief: PHP 9,000 and PHP 7,800 per annum, respectively
- Division chief accountant: PHP 7,200 per annum
- Senior corporation auditing examiner: PHP 7,200 per annum
- Corporation auditing examiners: 4 at PHP 6,600 per annum each
- Corporation auditing examiners: 4 at PHP 6,000 per annum each
- Clerk-bookkeeper: PHP 3,600 per annum
- Bar-membership requirement: legal officers, research attorneys, and the chief of the reporter and publication section must be members of the Philippine bar.
- Civil Service compliance and additional staffing: the presiding judge may further appoint and fix compensation of such 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.
Approval requirement for appointments
- Section 3 makes all appointments by the presiding judge subject to the approval of the Secretary of Justice.
Tenure protection and transition for incumbents
- Section 2 provides that the incumbent clerk of court and all other above-mentioned court personnel as presently constituted must receive the salary raise provided for in the Act corresponding to their rank and seniority or experience in the said office.
- Section 2 removes the need for a new appointment for incumbents to receive the salary raise.
- Section 2 protects incumbents from removal or demotion by reason of the Act’s passage.
- Section 2 allows reappointment to another available position only when the incumbent lacks the necessary qualifications provided in the Act.
- Section 2 allows removal or other action only for cause and upon compliance with the due process provided for by law.
- Section 2 provides an exception where public service demands otherwise, in which case the necessity of a new appointment may be triggered.
Appropriation and funding
- Section 3 appropriates, in addition to sums provided in the current Appropriation Act, such sums as may be necessary to carry out the Act.
- Section 3 provides that the appropriation comes out of any funds in the National Treasury not otherwise appropriated.
Effect, repeals, and implementation mechanics
- Section 4 fixes the Act’s effectivity at July 1, 1965.
- Section 1 operates as an amendment of Section 3 of Commonwealth Act No. 103 and thereby governs the appointment and compensation framework for the enumerated court personnel.