Title
Amendment to Cebu City Municipal Court Charter
Law
Republic Act No. 169
Decision Date
Jun 20, 1947
Republic Act No. 169 amends the Charter of the City of Cebu, establishing two branches of the Municipal Court with exclusive jurisdiction over criminal and civil cases, respectively, and allowing the Secretary of Justice to designate an acting judge in case of absence or vacancy.
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Jurisdiction of the First and Second Branches

  • The First Branch exclusively handles criminal cases.
  • The Second Branch exclusively handles civil cases and cases involving juvenile delinquencies.

Jurisdiction and Powers of the Municipal Court

  • The Municipal Court holds jurisdiction over civil and criminal cases similar to that of justices of the peace courts as currently conferred by law.
  • It also possesses the same incidental powers as justices of the peace courts.
  • The court may receive additional jurisdiction and powers as may be conferred by future legislation.

Designation of Acting Judges

  • In cases of absence, sickness, incapacity, or vacancies involving the Municipal Court judges, the Secretary of Justice may designate an assistant fiscal from the provincial fiscal office of Cebu to act as judge.
  • The designated acting judge assumes all powers of a regular judge.
  • No additional compensation is provided to the acting judge during this period.

Effectivity Clause

  • The amendments take effect immediately upon approval.

These provisions collectively amend Section 38 of the original City of Cebu Charter, establishing a clear judicial framework for the Municipal Court regarding its structure, jurisdiction, functioning, and contingency arrangements for judging vacancies or incapacity.


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