Supreme Court E-Library
Information At Your Fingertips


  View printer friendly version

MOP, BK 4, v.4,5,6, 145

[ EXECUTIVE ORDER NO. 89, January 31, 1946 ]

AMENDING SECTIONS 153, 154, 156, 157, AND 161 OF THE REVISED ADMINISTRATIVE CODE, AS AMENDED BY ACT NO. 4007 OF THE PHILIPPINE LEGISLATURE AND AS REVIVED BY EXECUTIVE NO. 35, DATED MARCH 10, 1945, SO AS TO RESTORE THE NUMBER OF JUDGES OF FIRST INSTANCE BEFORE THE JAPANESE OCCUPATION, APPROPRIATING THE NECESSARY FUNDS THEREFOR, AND FOR OTHER PURPOSES



WHEREAS, in order to organize the Courts as fast provinces were liberated from the Japanese occupation, the grouping of the provinces for judicial purposes under Act No. 4007 of the Philippine Legislature was adopted, upon the reestablishment of the Commonwealth, by virtue of Executive Order No. 36, Issued on March 10, 1945, as an emergency measure; thereby reducing the number of Judges of First Instance Seventy-three (73) to fifty-two (52);

WHEREAS, the Congress of the Philippines passed on September 25, 1945, Commonwealth Act No. 682, creating the People’s Court, composed of one Presiding Judge and fourteen Associate Judges most of whom were chosen, pursuant to Section 1 thereof, from among Judges of First Instance, thereby further reducing the number of actual incumbents of the Courts of First Instance;

WHEREAS, in view of the appointment of several Judges of First Instance to the People’s, Court, the remaining Judges of First Instance are insufficient to cope with the ever increasing number of cases filed before the Courts of First Instance, which deficiency is aggravated by the difficulty of transportation in those judicial districts where one Judge of First Instance has to preside over’ the Courts of First Instance of two or more provinces;

WHEREAS, the need for more Judges of First Instance is bound to be more pressing, due to the gradual return of economic normalcy and the big number of additional cases which may reasonably be expected owing to the forthcoming elections; and

WHEREAS; the exigencies of the service and the prompt and speedy administration of justice, as well as the maintenance of peace and order, demand the increase in the present number of Judges of First Instance, by restoring the number thereof before the Japanese occupation;

NOW, THEREFORE, I, SERGIO OSMEÑA, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws of the Philippines, do hereby order that;

1. Sections 153, 154, 156, 157 and 161 of the Revised Administrative Code, as amended, be further amended so as to read as fol1ows:

"Sec. 153. Judicial districts.- Judicial districts for courts of first instance in the Philippines are constituted as follows:

"The First Judicial District shall consist of the Province of Cagayan and the Province of Batanes,

"The Second Judicial District, of the Province of Isabela and the Province of Nueva Vizcaya.

"The Third Judicial District, of the Province of Ilocos Norte, the Province of Abra, and the Province of Ilocos Sur.

"The Fourth Judicial District, of the Province of La Union and the Mountain Province,

"The Fifth Judicial District, of the Province of Pangasinan and the Province of Zambales.

"The Sixth Judicial District, of the Province of larlac and the Province of Nueva Ecija.

"The Seventh Judicial District, of the Province of Pampanga, the Province of Bulacan, and the Province of Bataan,

"The Eighth Judicial District, of the Province of Cavite and the Province of Palawan.

"The Ninth Judicial District, of the City of Manila.

"The Tenth Judicial District, of the Province of Rizal.

"The Eleventh Judicial District, of the Province of Laguna.

"The Twelfth Judicial District, of the Province of Batangas, the Province of Mindoro, the Province of Marinduque, and the Province of Romblon,

"The Thirteenth Judicial District, of the Province of Tayabas.

"The Fourteenth Judicial District, of the Province of Camarines Norte and the Province of Camarines Sur.

"The Fifteenth Judicial District, of the Province of Albay, the Province of Sorsogon, the Province of Masbate, and the Province of Catanduanes.

"The Sixteenth Judicial district, of the Province of Capiz.

"The Seventeenth Judicial District, of the Province of Iloilo and the Province of Antique.

"The Eighteenth Judicial District, of the Province of Occidental Negros.

"The Nineteenth Judicial District, of the Province of Oriental Negros and the Subprovince of Siquijor.

"The Twentieth Judicial District, of the Province of Samar.

"The Twenty-first Judicial District, of the Province of Leyte.

"The Twenty-second Judicial District, of the Province of Cebu.

"The Twenty-third Judicial District, of the Province of Bohol,

"The Twenty-fourth Judicial District, of the Province Agusan, the Province of Surigao, the Province of Oriental Misamis, the Province of Occidental Misamis, the Province of Bukidnon, and the Province of Lanao.

"The Twenty-fifth Judicial District, of the Province of Zamboanga and the Province of Sulu.

"The Twenty-sixth Judicial District, of the Province of Davao and the Province of Cotabato.

"Sec. 154. Judges of First Instance for Judicial District.- One Judge of First Instance shall be commissioned for each judi¬cial district, except the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, seventeenth, eighteenth, twentieth, twenty-first, twenty-second, twenty-fourth, and twenty-sixth.

"For the Second Judicial District, there shall be two judges one of whom shall preside over the Court of First Instance of Isabela and the other over that of Nueva Vizcaya.

"For the Third Judicial District, there shall be two judges, one of whom shall preside over the Court-of First Instance of Ilocos Norte and the other over the Courts of First Instance of Ilocos Sur and Abra.

"For the Fourth Judicial District, there shall be two judges who shall be known as judges of the-first and second branch, respectively.

"For the Fifth Judicial District, there shall be three judges who shall be known as judges of the first, second and third branch, respectively, the judge of the third branch to preside, also, over the Court of First Instance of Zambales.

"For the Sixth Judicial District, there shall be three judges, two of whom shall preside over the Court of First Instance of Nueva Ecija and shall be known as judges of the first and second branch thereof, respectively, and one shall preside over the Court of First Instance of Tarlac,

"For the Seventh Judicial District, there shall be four judges, two of whom shall preside over the Courts of First Instance of Pampanga, and shall be known as judges of the first and second branch thereof, respectively, the judge of the second branch to preside, also, over the Court of First Instance of Bataan, and two shall preside over the Court of First Instance of Bulacan and shall be known as judges of the first and second branch thereof, respectively,

"For the Eighth Judicial District, there shall be two judges who shall be known as judges of the first and second branch, respectively, the judge of the second branch to preside, also, over the Court of First Instance of Palawan.

"For the Ninth Judicial District, there shall be nine judges who shall be known as judges of the first, second, third, fourth, fifth, sixth, seventh, eighth and ninth branch, respectively,

"For the Tenth Judicial District, there shall be two judges who shall be known as judges of the first and second branch, respectively.

"For the Eleventh Judicial District, there shall be two judges who shall be known as judges, of the first and second branch, respectively.

"For the Twelfth Judicial District, there shall be two judges, one of whom shall preside over the Court of First Instance of Batangas, and the other over the Courts of First Instance of Mindoro, Marinduque and Romblon.

"For the Thirteenth Judicial District, there shall, be two judges who shall be known as judges of the first and second branch, respectively.

"For the Fourteenth Judicial District, there shall be three judges, two of whom shall preside over the Court of First Instance of Camarines Sur and shall be known as judges of the first and second branch thereof, respectively, and one shall preside over the Court of First Instance of Camarines Norte.

"For the Fifteenth Judicial District, there shall be two judges, one of whom shall preside over the Courts of First In¬stance of Albay and Catanduanes, and the other over those of Sorsogon and Masbate.

"For the Seventeenth Judicial District, there shall be three judges who shall be known as judges of the first, second and third branch, respectively, the judge of the third branch to preside, also, over the Court of First Instance of Antique.

"For the Eighteenth Judicial District, there shall be two judges who shall be known as judges of the first and second branch, respectively.

"For the Twentieth Judicial District, there shall be two judges who shall be known as judges of the first and second branch, respectively, the judge of the first branch to preside over the Court of First Instance at Catbalogan, Samar, and the judge of the second branch over the Court of First Instance at Borongan, same province.

"For the Twenty-first Judicial District, there shall be two judges who shall be known as judges of the first and second branch, respectively, the judge of the first branch to preside over the Court of First Instance at Tacloban, Leyte, and the judge of the second branch over the Court of First Instance at Maasin, same province.

"For the Twenty-second Judicial District, there shall be three judges who shall be known as judges of the first, second and third branch, respectively.

"For the Twenty-fourth Judicial district, there shall be two judges, one of whom shall preside over the Courts of First Instance of Surigao and Agusan, and the other over those of Occidental Misamis, Oriental Misamis, Bukidnon and Lanao.

"For the Twenty-sixth Judicial District, there shall be two judges who shall be known as judges of the first and second branch, respectively, the judge of the second branch to preside, also, over the Court of First Instance of Cotabato."

"Sec. 156. Permanent stations of judges.- The permanent station of judges of the Ninth Judicial District shall be in the City of Manila. Except as here in otherwise provided, in districts comprising only one province, the permanent official station of the judge shall be at the capital of the province.

"In other judicial districts, the permanent stations of the judges shall be as follows:.

"For the First District, in the municipality of Tuguegarao, Province of Cagayan.

"For the Second District, one judge shall be stationed in the municipality of Ilagan, Province of Isabela, and the other in the municipality of Bayombong, Province of Nueva Vizcaya,

"For the Third District, one judge shall be stationed in the municipality of Vigan, Province of Ilocos Sur, and the other in the municipality of Laoag, Province of Ilocos Norte.

"For the Fourth District, one judge shall be stationed in the City of Baguio, Mountain Province, and the other in the mu¬nicipality of San Fernando, Province of La Union.

"For the Fifth District, in the municipality of Lingayen, Province of Pangasinan,

"For the Sixth District, two judges shall be stationed in the municipality of Cabanatuan, Province of Nueva Ecija, and other in the municipality of Tarlao, Province of Tarlac.

"For the Seventh District, two judges shall be stationed in the municipality of San Fernando, Province of Pampanga, and the other two in the municipality of Malolos, Province of Bulacan.

"For the Eighth District, in the City of Cavite, Province of Cavite.

"For the Twelfth District, one judge shall be stationed in the municipality of Batangas, Province of Batangas, and the other in the municipality of Galapan, Province of Mindoro.

"For the Fourteenth District, two judges shall be stationed in the municipality of Naga, Province of Camarines Sur, and the other in the municipality of Daet, Province of Camarines Norte.

"For the Fifteenth District, one judge shall be stationed in the municipality of Legaspi, Province of Albay, and the other in the municipality of Sorsogon, Province of Sorsogon.

"For the Seventeenth District, in the City of Iloilo, Province of Iloilo.

"For the Nineteenth District, in the municipality of Dumaguete, Province of Oriental Negros.

"For the Twentieth District, the judge of the first branch shall be stationed in the municipality of Catbalogan, Province of Samar, and the judge of the second, brunch in the municipality of Porongan, same province.

"For the Twenty-first District, the judge of the first branch shall be stationed in the municipality of Tacloban, Province of Leyte, and the judge of the second branch in the municipality of Tacloban, province of Leyte, and the judge of the second branch in the municipality of Maasin, same province.

"For the Twenty-fourth District, one judge shall be sta¬tioned in the municipality of Surigao, Province of Surigao, and the other in the municipality of Cagayan, Province of Oriental Misamis.

"For the Twenty-fifth District, in the City of Zamboanga, Province of Zamboanga,

"For the Twenty-sixth District, one judge shall be sta¬tioned in the City of Davao, Province of Davao, and the other in the municipality of Cotabato, Province of Cotabato."

"See. 157. Judges-at-large. - In addition to the judges mentioned in section mentioned in section one hundred and fifty-four hereof, there shall, also, be appointed twelve judges who shall not be as¬signed permanently to any judicial district and who shall render duty in such districts or provinces as may, from time to time, be designated by the Department Head."

"Sec. 161. Places and times of holding court. - For the Ninth Judicial District, court shall be held in the City of Manila, In other districts, court shall beheld at the places in which the respective judges are permanently stationed, except as hereinafter provided. Sessions of court shall be convened on all working days when there are cases ready for trial or other court business to be dispatched.

"In the following districts, court shall, also, be held at the places and times herein below specified:

"First District: At Aparri, Province of Cagayan on the first Tuesday of January of each, year; and at Santo Domingo be Basco, Province of Batanes, on the first Tuesday of inarch of each year, A special term of court shall, also, be held once a year, in the municipalities of Ballesteros and Tuao, both of the Province of Cagayan, in the discretion of the district judge.

"Third District; At Bangued, Province of Abra, on the first Tuesday of March, June and October of each year.

"Fourth District: The first branch, at Bontoc, Mountain Province, on the first Tuesday of March and November of each year; and, whenever the interests of justice so require, a special term of court shall be held at Lubuagan, Subprovince of Kalinga; and the second branch, at Kiangan, Mountain Province, on the first Tuesday of March and November of each year.

"Fifth District: At Tayug, Province of Pangasinan, on the first Tuesday of February and October of each year.

"Seventh District: At Balanga, Province of Bataan, on the first Tuesday of January and June of each year.

"Eighth District; At Coron, Province of Palawan, on the first Monday of March and August of each year; at Cuyo, same province, on the second Thursday of March and August of each year; and at Puerto Princesa, same province, on the fourth Wednesday of March and August of each year.

"Twelfth District: The judge shall hold special term at Lubang Island and San Pose, Province of Mindoro, once every year, as may be determined by him at Romblon, Province of Romblon, on the first Tuesday of January, May and October, and at Badajos, same province, on the third, Tuesday of January, May and October of each year; and at Boac, Province of Marinduque on the first Tuesday of March and July of each year.

"Thirteenth District: At Infanta, Province of Tayabas, for the municipalities of Infanta, Casiguran, Baler and Polillo, on the first Tuesday of June of each year.

"Fifteenth District; At Virac, Province of Catanduanes, on the first Tuesday of March and September of each year; and Masbate, Province of Masbate, on the first Tuesday of February, June and October of each year.

"Sixteenth District: At Kalibo, Province of Capiz, not to exceed two months in each year, to be set at the discretion of the district judge, with the approval of the Secretary of Justice.

"Seventeenth District: At San Jose, Province of Antique, on the first Tuesday of February, June and October of each year; and at Culasi, same province, on the first Tuesday of December of each year.

"Nineteenth District: At Larena, Subprovince of Siquijor, on the first Tuesday of August of each year.

"Twentieth District: The first branch, at Catarman, Province of Samar, on the first Tuesday of March of each year; and at Calbayog, some province, on the first Tuesday of September of each year; and the second branch, at Guiuan, same province, on the first Tuesday of February of each year; and at Laoang, same province, on the first Tuesday of October of each year.

"Twenty-first District: The second branch, at Ormoc, Province of Leyte, on the first Tuesday of December of each year,

"Twenty-fourth District: At Cantilan, Province of Surigao, on the first Tuesday of August of each year; at Butuan, Province of Agusan, on the first Tuesday of March and October of each year; a special term of court shall, also, be held once a year in either the municipality of Tandag or the municipality of Hinatuan, Province of Surigao, in the discretion of the district judge; at Oroquieta, Province of Occidental Misamis, on the first Tuesday of November and Tune of each year; at Mambajao, Province of Oriental Misamis, on the first Tuesday of March of each year; and at Malaybalay, Province of Bukidnon, on the first Tuesday of December of each year, a special term of court shall, likewise, be held, once a year, either in the-municipality of Talisayan or in the municipality of Gingoog, Province of Oriental Misamis, in the discretion of the district judge; at Iligan, Province of Lanao, on the first Tuesday of September of each year, but the September term, for the Province of Lanao may be held at Dansalan, same province, in the discretion of the district judge.

"Twenty-fifth District: At Dipolog, Province of Zamboanga, on the first Tuesday of January and June of each year; and at Jolo, Province of Sulu, on the first Tuesday of March and Octo¬ber of each year. The office of the clerk of Court of First Instance at Dapitan, Province of Zamboanga, is hereby transferred to Dipolog, same province,

"Twenty-sixth District: The second branch, at Davao, Province of Davao, on the first Tuesday of March and November of each year. At Baganga and Mati, Province of Davao, and at Glan, Province of Cotabato, terms of court shall be held at least once a year on the dates to be fixed by the district judges of the first and second branch, respectively.

"Notwithstanding the provisions, of this section, whenever weather conditions, the condition of the roads or means of transportation, the number of cases or the interest of the administration of justice require it, the Secretary of Justice may advance or postpone the term of court or transfer the place of holding the same to another municipality within the same judicial district; and, in land registration cases, to any other place more convenient to the parties."

2. Any district judge of First Instance, judge-at-large or Cadastral judge, appointed to the People’s Court, as provided in Commonwealth Act Numbered Six hundred and eighty-two, may be appointed to any position of district judge or judge-at-large of First Instance, and his acceptance of such appointment shall. not constitute a relinquishment of his office as judge of the People’s Court.

3. There is appropriated out of any funds in the National Treasury, not otherwise appropriated, the sum of one hundred one two thousand pesos, for the payment of the salaries ©f the additional judges herein provided.

4. This Order shall take effect upon its issuance.

Done at the City of Manila, this 31st day of January, in the year of Our Lord, nineteen hundred and forty-six, and of the Commonwealth of the Philippines, the eleventh.

(Sgd.) SERGIO OSMEÑA
President of the Philippines

By the President:
(Sgd.) JOSE S. REYES
Secretary to the President

© Supreme Court E-Library 2019
This website was designed and developed, and is maintained, by the E-Library Technical Staff in collaboration with the Management Information Systems Office.