Amendments to Judiciary Act of 1948

Republic Act No. 5204 amends Republic Act No. 296, also known as the “Judiciary Act of 1948,” specifically Sections 24, 32, 33, and 37.
Republic Act No. 5204 governs the Court of Appeals provisions on composition, sitting, quorum and voting, decision timing, and appointment/compensation of court personnel.
Republic Act No. 5204 is enacted by the Senate and House of Representatives of the Philippines in Congress assembled.

Section 24 establishes that the Court of Appeals consists of a Presiding Justice and twenty-three Associate Justices.
Section 24 provides that all Court of Appeals justices are appointed by the President, with the consent of the Commission on Appointments.
Section 24 requires that the Presiding Justice is designated in the commission.
Section 24 sets precedence rules: associate justices precede according to the date of their commissions, and if commissions share the same date, precedence follows the order of issuance by the President.
Section 24 preserves precedence for a member reappointed after serving in another branch: upon reappointment, the member retains the precedence from the original appointment, and prior service in the court is treated as continuous and uninterrupted for all intents and purposes.
Section 24 bars removal from office except through impeachment upon grounds and in the manner provided for in Article IX of the Constitution.

Section 24 mandates that the Court of Appeals, as a body, shall sit in bane.
Section 24 authorizes the Court to sit in eight divisions composed of three justices each.
Section 24 allows the eight divisions to sit at the same time.

Section 32 provides that the Court of Appeals has its permanent office in the City of Manila.
Section 32 allows the Supreme Court to authorize sessions outside Manila for periodic hearing and deciding of cases from specific groups of judicial districts.
Section 32 requires the Supreme Court’s authorization to be based on the recommendation of the Secretary of Justice, with certification of the Presiding Justice of the Court of Appeals, and when public interest demands.
Section 32 requires the Court of Appeals to send the rule or resolution for outside-Manila sessions to the Secretary of Justice.
Section 32 directs the Secretary of Justice, upon receipt, to make arrangements with the provincial or national officers concerned to provide halls, office spaces, and accommodations for the divisions.

Section 33 states that fifteen justices of the Court of Appeals constitute a quorum for sessions in bane.
Section 33 states that three justices constitute a quorum for a division session.
Section 33 provides that in the absence of a quorum, the Court or division stands ipso facto adjourned until the required number is present, and the clerk inserts a memorandum of that fact in the minutes.
Section 33 requires affirmative vote of thirteen justices to pass a resolution of the Court in bane.
Section 33 requires unanimous vote of the three justices of a division for the pronouncement of a judgment.
Section 33 provides a fallback mechanism when division justices do not reach unanimity: the Presiding Justice designates two justices from among the other members to form a division of five justices with the two newly designated justices temporarily sitting with the original panel.
Section 33 requires majority concurrence of the five-justice division for the pronouncement of a judgment.
Section 33 mandates that every decision of the Court of Appeals must contain complete findings of fact on all issues properly raised.

Section 33 requires that all cases submitted to a Court of Appeals division for decision must be decided or terminated within the term in which they were heard and submitted.
Section 33 allows an extension when a case is complicated or attended with special circumstances demanding additional time for study or consideration.
Section 33 provides that the Court of Appeals, sitting in bane, may grant an additional period not exceeding two months for disposition or termination.
Section 33 provides that the extension is granted upon petition of the division concerned.

Section 37 authorizes the Court of Appeals to appoint eight deputy clerks of court.
Section 37 requires deputy clerks to have the same qualifications as those of the clerk of the Court of Appeals.
Section 37 sets compensation: PHP 11,100 annually for the first deputy, and PHP 10,800 annually for each other deputy clerk.
Section 37 authorizes the Court to appoint other officers in such number and with such compensation as may be hereafter authorized.