Amending Certain Sections Of The Judiciary Reorganization Act Of 1980, As Amended

Case Overview and Summary

Summary of Executive Order No. 33

Amending the Judiciary Reorganization Act of 1980

I. Title Change
- The title of Chapter I of Batas Pambansa Blg. 129 is amended to "The Court of Appeals". (Section 1)

II. Organization of the Court of Appeals
- The Court of Appeals shall consist of a Presiding Justice and fifty Associate Justices appointed by the President of the Philippines. (Section 2)
- The Presiding Justice shall be designated in the appointment, and Associate Justices shall have precedence according to their appointment dates. (Section 2)
- Reappointed members shall retain their original precedence, and their service shall be considered continuous and uninterrupted. (Section 2)

III. Exercise of Powers and Functions
- The Court of Appeals shall exercise its powers, functions, and duties through seventeen (17) divisions, each composed of three (3) members. (Section 3)
- The Court may sit en banc for administrative, ceremonial, or other non-adjudicatory functions. (Section 3)

IV. Repealed Section
- Section 8 of the same Act is hereby repealed. (Section 4)

V. Power to Receive Evidence
- The Court of Appeals shall have the power to receive evidence and perform necessary acts to resolve factual issues in:
    a. Cases falling within its original jurisdiction, such as actions for annulment of judgments of regional trial courts. (Section 5)
    b. Cases falling within its appellate jurisdiction wherein a motion for new trial based on newly discovered evidence is granted. (Section 5)

VI. Quorum and Voting Requirements
- A majority of the actual members shall constitute a quorum for the Court's session en banc. (Section 6)
- Three members shall constitute a quorum for the sessions of a division. (Section 6)
- The unanimous vote of the three members of a division is necessary for a decision or final resolution, reached in consultation before writing the opinion. (Section 6)
- If no unanimous vote, the Presiding Justice shall request the Raffle Committee to designate two additional Justices to form a special division of five members, with a majority vote required for a decision or final resolution. (Section 6)
- A motion for reconsideration shall be resolved within ninety (90) days, and no second motion from the same party shall be entertained. (Section 6)

VII. Regional Trial Judges for the National Capital Judicial Region
- One hundred seventy-two (172) Regional Trial Judges shall be commissioned for the National Capital Judicial Region, with specific branch allocations and seat locations specified. (Section 7)

VIII. Terminology Changes
- The terms "Intermediate Appellate Court," "Presiding Appellate Justice," and "Associate Appellate Justice(s)" shall hereafter mean "Court of Appeals," "Presiding Justice," and "Associate Justice(s)," respectively. (Section 8)

IX. Effectivity
- This Executive Order shall take effect immediately. (Section 9)