THE JUDICIARY ACT OF 1948

Case Overview and Summary

Summary of Republic Act No. 296 (The Judiciary Act of 1948):

General Provisions:
- The Act shall be known as the Judiciary Act of 1948. (Section 1)
- It covers the Supreme Court, Court of Appeals, Courts of First Instance, Municipal Courts, and Justice of the Peace Courts. (Section 2)
- Judges' oath of office must include a declaration to administer justice without respect to person and do equal right to the poor and the rich. (Section 3)
- Judges' oath of office must be filed with the clerk of the court they pertain to. (Section 4)
- Judges must certify that all pending cases under submission for 90 days or more have been decided before receiving leave or salary. (Section 5)
- Clerks of court shall receive and deposit government funds, fees, fines, etc. into the National Treasury. (Section 6)
- Funds for the judiciary establishment shall be disbursed by the disbursing officer of the Bureau of Justice. (Section 7)
- Clerks of court shall make annual reports to the Solicitor General. (Section 8)

Supreme Court:
- The Supreme Court shall consist of a Chief Justice and 10 Associate Justices. (Section 9)
- Quorum and number of Justices required for decisions are specified. (Section 9)
- Justices of the Court of Appeals or District Judges may be designated to sit temporarily in the Supreme Court to form a quorum. (Section 9)
- The Supreme Court shall hold sessions in Manila, but may hold sessions elsewhere if required. (Section 10)
- Appointment, precedence, and vacancy procedures for Justices are outlined. (Sections 11-12)
- The Supreme Court has exclusive administrative control over its internal operations. (Section 13)
- Provisions for the Clerk of the Supreme Court, including appointment, qualifications, compensation, and bond. (Section 15)
- The Supreme Court may have a vacation period from April 1 to June 15. (Section 16)
- The jurisdiction of the Supreme Court is defined, including original, concurrent, and appellate jurisdiction. (Section 17)
- Provisions for regular terms, preservation of order, service of process, form of decisions, and preparation of opinions for publication. (Sections 18-23)

Court of Appeals:
- The Court of Appeals shall consist of a Presiding Justice and 14 Associate Justices. (Section 24)
- Provisions for the Presiding Justice, vacancy, and designation of District Judges to sit temporarily. (Sections 25-27)
- Qualifications and compensation of Justices of the Court of Appeals. (Section 28)
- Jurisdiction of the Court of Appeals, including appellate and original jurisdiction. (Sections 29-30)
- Transfer of cases from the Supreme Court and Court of Appeals to the proper court. (Section 31)
- The Court of Appeals shall have its permanent office in Manila, but may hold sessions elsewhere if required. (Section 32)
- Quorum requirements and procedures for the Court of Appeals. (Section 33)
- Distribution of cases between divisions and procedures for handling cases. (Sections 34-35)
- Provisions for the Clerk of the Court of Appeals, including appointment, qualifications, compensation, and bond. (Section 36)
- Appointment of deputy clerks and other officers. (Section 37)
- Applicability of certain provisions of the Revised Administrative Code to the Court of Appeals. (Section 38)

Courts of First Instance:
- Courts of First Instance are organized and established throughout the Philippines. (Section 39)
- Judicial function vested in District Judges, Judges-at-Large, and Cadastral Judges. (Section 40)
- Tenure, qualifications, and salary provisions for District Judges, Judges-at-Large, and Cadastral Judges. (Sections 41-42)
- Jurisdiction of Courts of First Instance, including original and appellate jurisdiction. (Sections 43-45)
- Provisions for clerks and other subordinate employees of Courts of First Instance. (Sections 46-48)
- Judicial districts and distribution of judges across districts. (Sections 49-50)
- Procedures for detail of judges to other districts or provinces. (Section 51)
- Permanent stations of District Judges. (Section 52)
- Provisions for Judges-at-Large and Cadastral Judges. (Section 53)
- Places and times for holding court sessions. (Sections 54-58)
- Clerk's duty to attend sessions and keep office hours. (Section 59)
- Division of business among branches of the Court of First Instance in the Sixth District. (Section 60)
- Administrative control of the Court of First Instance of the Sixth District over its internal operations. (Section 61)
- Appointment and qualifications of clerks for the Sixth District. (Section 62)
- Interchange of judges between branches in the Sixth District. (Section 63)
- Convocation of judges for assistance in land registration matters. (Section 64)
- Vacation period for Courts of First Instance. (Section 65)
- Assignment of judges to vacation duty. (Section 66)
- Proceedings for removal of judges. (Section 67)

Justices of the Peace and Judges of Municipal Courts:
- Appointment and distribution of justices of the peace and auxiliary justices of the peace. (Section 68)
- Jurisdiction of justices of the peace affected by territorial changes. (Section 69)
- Tenure of office and transfer of justices of the peace. (Section 70)
- Qualifications for the office of justice of the peace and judges of municipal courts. (Section 71)
- Procedures for filling vacancies in the office of justice of the peace. (Section 72)
- Qualifications and duties of auxiliary justices of the peace. (Section 73)
- Provisions for courtroom, supplies, and furniture for justices of the peace. (Section 74)
- Clerks and employees of justice of the peace courts. (Section 75)
- Miscellaneous powers of justices of the peace. (Section 76)
- Attendance at court and permission for justices to pursue other vocations. (Section 77)
- Hearing of cases at places other than the office of the justice of the peace. (Section 78)
- Service of process of justices of the peace. (Section 79)
- Use of seal by justices acting as notaries public. (Section 80)
- Appointment of government officers as justices of the peace ex-officio. (Section 81)
- Salaries of justices of the peace. (Sections 82-83)
- Payment of salaries of justices of the peace. (Section 84)
- Compensation of auxiliary justices of the peace. (Section 85)
- Jurisdiction of justices of the peace and judges of municipal courts, including original jurisdiction in criminal and civil cases. (Sections 86-88)
- Traveling expenses of justices of the peace assigned to hear civil, cadastral, and criminal cases. (Section 89)
- Jurisdiction to appoint guardians. (Section 90)
- Incidental powers of justices of the peace and municipal courts. (Section 91)
- Fees collectible by justices of the peace. (Section 92)
- Moneys paid into courts of justices of the peace and their disposition. (Sections 93-94)
- Monthly report of justices of the peace. (Section 95)
- Supervision of District Judges over justices of the peace and annual report. (Section 96)
- Suspension and removal of justices of the peace. (Section 97)
- Final disposition of dockets upon vacancy in the office of justice of the peace. (Section 98)

Transitory and Final Provisions:
- Repeal of inconsistent laws and rules. (Section 99)
- Appropriation for salaries and expenses. (Section 100)
- Effective date of the Act. (Section 101)