Você está na página 1de 3

BP BLG.

129 (As amended by EO 33) - In case of vacancy in the:


 Absence or
EO 33 AMENDING CERTAIN SECTIONS OF THE  Inability to perform the powers, functions,
JUDICIARY REORGANIZATION ACT OF 1980, AS and duties of his office
AMENDED  AJ who is first in the precedence shall
 Signed into law by President CORAZON perform his powers, functions, and
AQUINO on 28 July 1986. duties
 Took effect immediately  UNTIL WHEN?
1. Until such disability is removed; or
RA No. 7902 – AN ACT EXPANDING THE 2. Another Presiding Justice is
JURISDICTION OF THE CA, AMENDING FOR appointed and has qualified
THE PURPOSE SECTION 9 OF THE BP BLG. 129,
AS AMENDED, KNOWN AS THE JUDICIARY SEC. 6. WHO PRESIDENT OVER SESSION OF A
REORGANIZATION ACT OF 1980 DIVISION?

 Signed into law by President Fidel V. 1. If the PJ is present in any session of a


Ramos 23 February 1995 division of the Court  PJ
 Took effect after 15 days following its 2. In PJ’s absence  the AJ attending such
publication in a newspaper of general session who has precedence shall preside
circulation. SEC. 7. QUALIFICATIONS
SEC. 3. ORGANIZATION The PJ and AJ of the AC shall have the same
- CA consists of a Presiding Justice and 50 qualifications as those provided in the 1987
AJs Constitution for Justice of the SC:
- They all shall be appointed by the President 1. Natural-born citizen of the PH
of the PH 2. At least 40 years of age
- Presiding Justice shall be so designated in 3. 15 years or more a judge of a lower court, or
his appointment engaged in the practice of law in the PH
- AJs shall have precedence according to the 4. Member of the PH Bar
dates of their respective appointments 5. Person of proven (1) competence; (2)
 When the appointments of 2 or more AJs integrity; (3) probity; and (4) independence
shall bear the same date  arranged
according to the order in which their SEC. 8. (Grouping of Divisions) Is expressly repealed
appointments were issued by the President. by SEC.4 of EO No. 33, 28 July 1986
- Any member who is reappointed to the
Court after rendering service in any other SEC 9. JURISDICTION OF THE CA
position in the government  SHALL  ORIGINAL JURISIDICTION TO ISSUE:
RETAIN THE PRECEDENCE to which he  Writs of Mandamus
was entitled under his original  Prohibition
appointment  Certiorari
 His service in the Court shall be considered  Habeas corpus
as continuous and uninterrupted  Quo warranto
SEC. 4. EXERCISE OF POWERS AND  Auxillary writs or processes
FUNCTIONS. The CA shall exercise its powers,  WON in aid of its appellate jurisdiction
functions, and duties, through:  EXCLUSIVE ORIGINAL JURISIDICTION
Over actions for Annulment of Judgments
 17 divisions of RTCs
 Each division composed of 3 members  EXCLUSIVE APPELLATE
 The court may sit en banc only if exercising: JURISDICTION
1. Administrative Over all:
2. Ceremonial  Final judgments, resolutions, orders or
3. Or other non-adjudicatory functions awards of the RTC and quasi-judicial
agencies, instrumentalities, Boards or
SEC. 5. SUCCESSION OF PRESIDING JUSTICE. commission
 Including the SEC,
 SSC, SEC. 10. PLACE OF HOLDING SESSIONS.
 Employee Compensation Commission, and
 CSC  PERMANENT STATION OF CA: Manila
City
EXCEPT THOSE:  EXCEPT:
1. When demanded by public interest
 Falling within the appellate jurisdiction of 2. The SC, on its own initiative
the SC in accordance with the Constitution 3. OR upon recommendation of the PJ
 (ARTICLE VIII SEC. 5 (2) Review,  MAY AUTHORIZE a DIVISION of the
revise, reverse, modify, or affirm on Court to hold sessions outside Manila
appeal or certiorari, as the law or the a. Periodically
Rules of Court may provide, final b. Or for such periods
judgments and orders of lower courts c. And at such places as the SC may
in: determine
(a) All cases in which the constitutionality or validity  PURPOSE: for hearing and deciding
of any treaty, international or executive agreement, cases
law, presidential decree, proclamation, order, SEC. 11. QUORUM.
instruction, ordinance, or regulation is in question.
WHAT CONSTITUTES A QUORUM?
(b) All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in  EN BANC – majority of the actual members
relation thereto. of the CA for its session en banc
 DIVISION – 3 members
(c) All cases in which the jurisdiction of any lower  Unanimous vote of 3 members of a division
court is in issue. shall be necessary for the pronouncement of
(d) All criminal cases in which the penalty imposed a decision of FINAL RESOLUTION
is reclusion perpetua or higher. 1. Final resolution shall be reached in
consultation
(e) All cases in which only an error or question of law 2. Then the writing of the opinion by any
is involved.) members of the division.

 Labor Code of the Philippines under IF THREE (3) OF THE MEMBERS DO NOT
Presidential Decree No. 442, as amended, REACH A UNANIMOUS VOTE:
 The provisions of BP Blg. 129,
 subparagraph (1) of the third paragraph 1. PJ shall request the Raffle Committee of
and subparagraph 4 of the fourth the CA for the designation of 2 additional
paragraph of Section 17 of the Judiciary Act justice to sit TEMPORARILY WITH
of 1948 THEM.
2. They will form a SPECIAL DIVISION OF
POWERS OF THE CA: FIVE (5) members
3. The concurrence of a majority of such
1. try cases division shall be necessary for the
2. conduct hearings pronouncement of a decision or final
3. receive evidence resolution.
4. perform any and all acts necessary to
resolve factual issues raised in cases falling NOTE: The designation of such additional Justice
within the CA’s original and appellate shall be made strictly by RAFFLE.
jurisdiction
5. power to grant and conduct new trials  A MONTH for reconsideration of the CA’s
decision shall be resolved by the CA within
APPEALS must be: 90 days
 This should be done from the time it is
1. Continuous submitted for resolution
2. Must be completed within 3 months  NO SECOND MR from the same party shall
be entertained. (As amended by EO 33)
UNLESS extended by the CJ (as amended by
RA No. 7902)
SEC. 12. INTERNAL RULES. The CA en banc is
authorized to:

1. Promulgate ruled or orders governing the:


a. constitution of the divisions
b. assignment of the appellate justices
c. distribution of cases
d. other matters pertaining to the
operations of the Court of its Division
2. Copies of the rules and orders shall be
furnished by the SC
- These rules shall be effective within 15 days
after receipt
- UNLESS directed otherwise by the SC

Você também pode gostar