PRESIDENTIAL DECREE NO. 289, September 07, 1973

AMENDING SECTION 24 OF THE JUDICIARY ACT, AS AMENDED.

Presidential Decrees September 7, 1973



WHEREAS, the enlarged jurisdiction of the Court of Appeals
and the number of cases now directly appealable thereto from city and municipal
courts have considerably increased the number of cases appealed to the
Court;

WHEREAS, under the new Constitution, the Court of Appeals is
required to decide cases within 12 months from date of submission;

WHEREAS, the backlog of pending cases in the Court of
Appeals will mount unless its membership is increased; and

WHEREAS, there is also a need to delete the statutory mode
(impeachment) by which the members of the Court of Appeals may be disciplined
because it conflicts with Article X, Section 7, of the Constitution;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to
Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated
September 22, 1972, as amended, do hereby further amend Section twenty-four of
Republic numbered two hundred and ninety-six, as amended, to read as
follows:

SEC. 24. The Court of Appeals. — The Court of
Appeals of the Philippines shall consist of a Presiding Justice and thirty-five
Associate Justices who shall be appointed by the President of the Philippines.
The Presiding Justice of the Court of Appeals shall be so designated in his
commission, and the other Justices of the Court shall have precedence according
to the dates of their respective commissions, or when the commission of two or
more of them shall bear the same date, according to the order in which their
commissions have been issued by the President of the Philippines: Provided,
however,
That any member of the Court of Appeals who has been reappointed
to that Court after rendering service in any other branch of the Government
shall retain the precedence to which he is entitled under his original
appointment and his service in the Court shall, to all intents and purposes, be
considered as continuous and uninterrupted.

“The Court of Appeals shall, as a body, sit in bane but it may sit in twelve
divisions of three Justices each. The twelve divisions may sit at the same
time.”

This Decree shall take effect immediately.

Done in the City of Manila, this 7th day of September, in the year of Our
Lord, nineteen hundred and seventy-three.

 

(Sgd.) FERDINAND E. MARCOS
President

Republic of the Philippines

   

 

By the President:  
 
(Sgd.) ROBERTO V. REYES  
  Assistant Executive Secretary