Title
Acts No. 4042
Date
Feb 10, 1933
Act No. 4042, passed in the Philippines in 1933, created three positions of Judge of First Instance at Large with varying salaries, appointed by the Governor-General, to serve in either a judicial district or with the Public Service Commission, while prohibiting appointments to other positions.
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Law Summary

SECTION 1: Creation of Additional Judges of First Instance

  • Legal Principle: This section establishes the creation of three additional positions for judges of First Instance, expanding the judiciary.
  • Key Definitions:
    • "Judges of First Instance": Judicial officers with authority over legal matters in their respective districts.
  • Important Provisions:
    • Three judges will be appointed:
      • One judge with an annual salary of ₱9,000.
      • One judge with an annual salary of ₱8,000.
      • One judge with an annual salary of ₱7,000.
    • Appointments made by the Governor-General with the advice and consent of the Senate.
    • Judges will serve in designated judicial districts or with the Public Service Commission, as determined by the Secretary of Justice.
  • Restrictions:
    • No appointments to the offices of Public Service Commissioner, Senior Associate Commissioner, and Junior Associate Commissioner can be made while this Act is in effect.

SECTION 2: Salary Reduction Provisions

  • Legal Principle: This section mandates that the judges appointed under this Act are subject to salary reductions.
  • Important Requirements:
    • Salary reductions for these judges will occur at the same rate as those imposed on other judges of First Instance.

SECTION 3: Appropriations for Salary Payments

  • Legal Principle: This section addresses the funding for the salaries of the newly created judges.
  • Key Provisions:
    • Funds appropriated under Act Numbered 4032 for the Public Service Commissioners will be available for paying the salaries of the judges established by this Act.

SECTION 4: Effectivity of the Act

  • Legal Principle: This section specifies the commencement of the law.
  • Important Detail:
    • The Act takes effect immediately upon its approval.

Key Takeaways

  • Establishment of New Positions: The Act creates three judges of First Instance with varying salaries.
  • Appointment Process: Appointments require the Governor-General's approval and Senate consent, with restrictions on concurrent appointments in related positions.
  • Salary Management: Newly appointed judges’ salaries are subject to the same reduction policies as existing judges.
  • Funding Source: Salaries will be funded from appropriations previously allocated for Public Service Commissioners.
  • Immediate Effect: The Act is effective as of its approval date, February 10, 1933.

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