AN ACT AMENDING SECTION FORTY-SIX OF REPUBLIC ACT NUMBERED TWO HUNDRED NINETY-SIX
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AN ACT AMENDING SECTION FORTY-SIX OF REPUBLIC ACT NUMBERED TWO HUNDRED NINETY-SIX
Republic Act No. 4814
June 18, 1966
Case Overview and Summary
Summary of Republic Act No. 4814Amendments to Section 46 of the Judiciary Act of 1948 (Republic Act No. 296):
• Clerks, assistant clerks, branch clerks, deputies, assistants, and other subordinate employees of Courts of First Instance belong to the Department of Justice for administrative purposes. (Sec. 1)
• In performing their duties, they are subject to the supervision of the judges of their respective courts. (Sec. 1)
Clerks of Court:
• Each Court of First Instance or branch shall have a clerk of court. (Sec. 1)
• For courts with multiple branches in the same city or municipality, there shall be an assistant clerk of court and a branch clerk of court for each branch, supervised by the clerk of court. (Sec. 1)
• Clerks of court, assistant clerks of court, and branch clerks of court shall be appointed by the President of the Philippines with the consent of the Commission on Appointments. (Sec. 1)
• They must be duly authorized to practice law in the Philippines, except for those already holding such positions at the time of the Act's approval, who shall continue in office without new appointments. (Sec. 1)
• Those who have previously qualified in the Civil Service examination for these positions are also exempt from the law practice requirement. (Sec. 1)
• Their rank in the Department of Justice and annual salary shall be provided by law. (Sec. 1)
Special Deputies:
• The clerk of court or branch clerk of court may, with the judge's written approval, authorize a suitable person to act as a special deputy to perform specified functions. (Sec. 1)
Bonds:
• The clerk of court or branch clerk of court may require their assistant or deputy to give an adequate bond as security against loss due to wrongdoing or gross negligence. (Sec. 1)
Effective Date:
• The Act shall take effect upon its approval. (Sec. 2)
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AN ACT AMENDING SECTION FORTY-SIX OF REPUBLIC ACT NUMBERED TWO HUNDRED NINETY-SIX
Republic Act No. 4814
•June 18, 1966
REPUBLIC ACT NO. 4814 June 18, 1966
AN ACT AMENDING SECTION FORTY-SIX OF REPUBLIC ACT NUMBERED TWO HUNDRED NINETY-SIX, AS AMENDED, OTHERWISE KNOWN AS THE JUDICIARY ACT OF 1948 AND FOR OTHER PURPOSES
Sec. 1. Section forty-six of Republic Act Numbered Two hundred ninety-six, as amended, is hereby further amended to read as follows:
"Sec. 46. Clerks and other subordinate employees of Courts of Fiscal Instance. Clerks of court, assistant clerks of court, branch clerks of court, deputy clerks, assistants, and other subordinate employees of Courts of First Instance shall, for administrative purposes, belong to the Department of Justice; but in the performance of their duties they shall be subject to the supervision of the judges of the courts to which they respectively pertain.
"There shall be a clerk of court for every Court of First Instance or branch thereof: Provided, however, That for every Court of First Instance having two or more branches located in the same city or municipality, there shall be an assistant clerk of court, and a branch clerk of court...
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