Republic Act No. 1186 (An Act to Amend and Repeal Certain Sections of Republic Act Numbered Two Hundred and Ninety-six, otherwise known as "The Judiciary Act of 1948" and for other purposes)

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Title
Republic Act No. 1186 (An Act to Amend and Repeal Certain Sections of Republic Act Numbered Two Hundred and Ninety-six, otherwise known as "The Judiciary Act of 1948" and for other purposes)
Language
English
Source
The Lawyers Journal Volume XIX (Issue No.6) June 30, 1954
Year
1954
Subject
Republic Act No. 1186
Republic Act No. 296
Philippines -- Constitution
Rights
In Copyright - Educational Use Permitted
Fulltext
REPUBLIC ACT NO. 1186 AN ACT TO Al\IEND AND REPEAL CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED TWO HUNDRED AND NINETYSIX, OTHEJ:tWISE KNOWN AS "THE JUDICIARY ACT OF 1948" AND FOR OTHER PURPOSES. Be it enacted by tltc Sennte and HmtslJ of Representatives of the , Plnlippines in Congress assembled: SECTION l. Sections eleven, twenty-eight, forty, forty.one, forty-two, the second, third, <leventh and twelfth paragrnphs of section forty.nine, fifty, fifty-~me, fifty-tw"'• the second, third, fourth, fifth, seventh, tenth, and eleventh subpuragraphs of the second pamgrnph of section fifty.four, a.nd sCction sixty of Re11ublic Act NuJllbered Two hundred ninety. six, as amended, nrc &mended to i·ead as follows: "SEC. 11. A ppointment ll1!cl compen11ntfon of Justices 9f the S!tpremc Court. ·- The Chief ,Justice and the Associate Ju11tices of the Supreme Court shall be appointed by the P resident of the Philippines, with the consent of the Commission on AppC'intmenbJ. The Chief Justice of the Supreme Court shall receive a compensation of twenty-one thousand pesos pe1· annum, a.nd each Associate Justice shall receive a compensation of twenty thousand pesos p£r annum. Thf:- Chief Justice of the Supreme Court shall be so designated in his commission; and the Associate Justices shall have prccedencP. according to the dates of their rei;pectivc commisstons, or, when the commissions of two or more of then\ bear the samEdate, aC"cording to the oi·der in which their commis1tions me~ have been issued by the President of the Philippines: Provided, how£.t:~r, That any member of the Supreme Court whri has be<!n re. &ppointed to that. Court after rendering sen•ice in 11ny other branch of the Government shall retain the precedence !:o which he is entitled under his original appointment and his service in the Court shall, to a.II intents and purposes, be consider.'.!d as continuous lind uninterrupted. "SEC. 28. Qualifica.tions ·.ind c<mipeiu1Itio1? of Justices of Co1!t·t of A ppeals . .:_ The Justices cf the Court of Appealo shall have the s.'tme qualificatirins as thcise providf)ct in the Constitution for members of the Supreme Court. 'l'he Presiding Juslice of the Court of Appeuls shall recei\"e an «nnual compensation of sixteen thousand peso~. nnd each Associate Justice, an c1.n11ua.I compensa. tion of fifteen thousand pesos. "SEC. 40. Judgep of F frst Instance. - The judicial iunction in Courts of First. Instance shall be vested in District Judges, to be apJ>Ointed and commissioned as hereinafter provided: P rovided, llowei•er, That those who are District J udges at the time of the approvcl of this amcndatory Act shall continue as such in their respective districts without need '1f new appointments by the P res. ident of the Philippines and new confirmations by the Commissiou on Appcintments. "SEC. 41. Limitation. upon temue of office. - District Judge& shall be appointed to serve during good behavior, until they rPach lhe ngc of sevent}-· years, or become incapacitated to discharge the duties of their office, unless soont>r rPmoved in accord:mr.e with Jaw. "SEC. 42. Qualification tmd sala.ry. - No person sha.ll be n11pointed District. Judge unless he has been ten year& a citizen of the P'hilippines and has practised law in the Philippines fol' a period of not less than ten years '1r has held during a like period, within the Ph.ilir>pines, an office requiring admission to the praclaws or judgments promulgated or by determinations or conventions agreed upon in a foreign comt (Art. l'i, par. 5, Ibid). Divorce is to effect a changP in the civil status of those to whom it is granted. Since the status of Filipino citizens residing abroad is governed by Philippine laws, and wnsidering that public policy frowns upon divorce as being rPpugnant to good morals and distruct.ive to public order, it is belieYed that a decree of divorce granted by 11 foreign court to Filipino nationals residing abroad tice of law in the Philippines as an indispensable requisite. 'The District Judge shall ·receive .a compensation at the rate 11f twelve thousand pe-;os per a:nnum. "SEC. 49. Judicial districts. - Judicial districts for Courts oi First Instance in the Philippines are constitutl!d as follows: "The First J udicial District shall consist of the Provinces of Ca.gayan, Datanes, lsabela, and Nueva Vizcaya; "The Second Judicial District, of the Provinces of Ilocos N'1rte, Uocos Sur, Abra, City of Baguio, Mountain Province and La Union; x x "The Tenth Judicial District, of the Pr0vinces of C&lllarines Sur, Albay, Catnnduanes, Sorsogon and Masbate; "The Eleventh Judicial District, of the Provinces of Capiz, Romhlon and Iloilo, the Ci°ty of Iloilo a.nd the Province of Antiqul!: "SEC. 50. Jud,qes of First In.stance for J'll.dicial Districts. - Five judges shall be commissioned for the First Judicial District. Two judges shall preside over t.he Courts of F irst Instance of Ca.. gayan and Batanes, and sh111l be known 11s judges of the first and second branches thereof, respectiv€ly, the judge of the second branch to preside 11\so over the Court of First Instance of Batanes; two judges shall p1·eside over the Court of First Instance of Isabela, 11nd shall be known a.s the judges of the first and second branches thereof; 11nd one judge shall preside over the Court of First Instance of Nueva Vizcaya. "Seven judges shall be commissioned for the Second J udicial District. Two judges shall preside over the Court of First Instance of !locos Norte; two judges shall preside over the Court of First Instance of Ilocos Sur; one judge shall preside over the Court of First Instance of Abra; one judge shall preside ever the Court of First Instance of the City of Baguio and Mountain Province; and another judge shall preside over the Court of Firi;t Instance of La Union. "Six judges shall be ccmmissioned for the Third Judicial Dis. trict. Five judges shall preside over the Court of F irst Instance of Pa.ngasinan and shall be known as judges of the first, second, third, fourth and fifth branches thereof, respectively; two judges shall preside over the Court of First Instance of Lingayen to bo known as the judges of the firat branch and the second branch, respectively; two judges shall preside over the Court of First Instance. of the City of Dagupan and shall be known as the judges of the third and fourth branches thereof, respectively, and one and shall be known as the judge of thf' fifth branch. One judge judge shall presidf' over the Court of First Insta.:1ce of Urdaneta .shall preside over the Court· of First Jnst..ance of Zambales. " Five judges shall be commissioned for the Fourth Judicial District. Three judges shall preside over the C,iurte of F irst Jnstance of Nueva Ecija and Cabanatuan City and shall be known as judges of the first, second, and third branchP.s thereof, res. i:ectively; and two judges shall preside over the Court of First Instance of Tarlac, and shall be known as judges of the first and will not be recognized a.s binding in this jurisdiction. The personal relations of the citizens of this Islands cannot be affeeted by decrees of foreign countries in a manner which our government believes is contrary to public order and g~od morals. tBarrcto Gc.nzales VII. Gonzales, 58 Phil. 67, 72> . (Sgd.) PEDRO TUASON Secretary of Justice J une 30, 1954 THE LAWYERS JOURNAL 813 second brenches thereof, respectively. "Five judges shall be commissioned for the Fift;h Judicial Dis. lr:ict. Two judges shall prcRide over the Court of l":rst Instance of Pampanga and shall be known as judges of the fil·st and second branches thereof, respectively; one judge shall preside ove1· the Court of First Instance of Bataan; and two judges shall preside over the Court of First Instance of Bula.can and shall be known us judges of the first and second branches thereof, rcs11cctivcly. "Eighteen judges shall be commissioned for the Sixth Judicial District. They shall preside over the Courts of First Instance of Manila and shall be known as judges of the first, second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixl.e<'nth, seventeenth and eighteenth bran<'hcs thereof, i·espectively. "Eight judges shall be commissioned for the Seventh Judicial District. Five judges shall preside over the Courts of First, In. stance of the Province of Rizal, Quezon City and Pasay City and shall be known as judges of the first. second, third, fourth and fifth brnnches thereof, respectively; two judges sh'.l\! preside over the Courts of First Instance of the Pro,•ince of Cavite and the Cities of Cavitc and Tagaytay, and shall be known as ju8ges of the first and second branches thereof, respectively; and one judge shall preside O\•er the Court of First lnstaJJce of e:ilawan. "Seven judges shall be commissioned for the Eighth Judicial District. Three judges shall preside over the Courts of First In::."'tance of Laguna and the City of San Pablo, and shall be known as judges of the first, second and third bra.nchc:; thereof, res. pectively; three judges shall preside over the Cour~!! of First Instance of Batangas and the City of Lipa, and shall be known as judges of the first, second and third branches thereof, respectively; and one judge sl1all preside over the Courts of First Instance or' Mindoro Oriental, Mindoro Occidental and Ma.rinduque. "Four judges shall be commissioned for the Ninth Judicial DiS'~ trict. Three judges shall preside over the Court of First Instance of Quezon and shall be know as judges of first, second, and third branches thereof, respectively; and one judge shall presidf' over the Court of First Instance of Camarines Norte. "Seven judges shall be commissioned for the Tenth Judicial District. Three judges shall preside over the Courts of First Instance of Camarines Sur and Naga City and shall be known as judges of the first, second and third branches thereof, respectively; two judges shall preside over the Court of First Instance of Albay t.nd Legaspi City and of Catanduancs and shall be known as judges of the first and second branches thereof; one judge shall preside over the Court of First Instance of the Province of Sor. sogon; and one judge shall preside O\'er the Court of First Instance of Masbate. "Seven judgts shall be commissioned for tl1c Eltvcnth Judi. cial District. Two judges shall preside over the Courts of Fir:;t Instance of Capiz and Romblon and !!hall be known us judges of the first and second branches thereof, respectively; thl' judgP of the first branch to preside also over the Court of First lnstancl! cf Romblon; and foul' judges shall preside over the Courts of First Jnsta.nce of the Province of Iloilo and the City of I!oilo, and shall be known as judges of the fil'St, second, third, and fourth branches thereof, 1·espcetivcly; and one judge sht.11 preside over the Court of First Instance of the Province of Aniique. "Six judges shall be commissioned for the Twelfth Judicial District. Four judges shall preside over the Courts of First ln:;tance of Occidental Negros and the City of Bacclod, and shall be known as judges of the first, second, third and fourth branches thereof, respectively; and two judges sha.11 preside over the Courts of First Instance of Oriental Negros, Dumagucte City and the Sub-province of Siquijor. "Nine judges shall be commissioned for the Thirteenth Judicial District. Three judges shall preside over the Courts of First Instance of Samar and C3lbayog City and shall be known as judges of !ht> first, second and third branches thel'COf, respectively; and six judges shall preside over the Courts of First Instance of Leytc and the Cities of Ormoc and Tacloban, and :;hall be known m; judges of the first, second, third, fourth, fifth and sixth branches thereof, respectively. "Six judges shall be com1nisioned for the Fourteenth J udieial District. Five judges shall p1:esidc over the Courts of F irst Instance of the Province of Cebu and the City of CeLu, anrl shall be known as judges of the first, second ,third, fourth and fifth branches thereof, respectively ; :wd one judge shall preside over thP Court of First Instance of Bohol. "Five judges shall be commissioned for the F ifteenth Jndicia! District. One judge shall preside over the Court of First l nstanct> of Surigao; one judge shall preside over the Courts of First Instance of Agusan and Butuan City; 011e judg~ shall presid~ ever the Courts of F irst Instance of Oriental Misami::; and Cagayan dt Oro City; one judge sha.11 preside over the Court of First In. stance in the Province of Bukidnon; and one judge shall presid!' ever the Court of First Instance of Lanao and tl1e Cities of Dan. srilan and Iligan. "Nine judges shall be commissioned for the Sixteenth Judicia1 District. Three judges shall preside over the Coi.:rts of F irst Instancf' of Davao and Davw City; two judges shall preside uver the Com·t of First Instance of Cotabato; one judge shall preside over th(> Courts of First lrn:tancc of Occidental Misamis and Oza mis City; one judge shall pre:sidc O\'er the Court of First Instance of ZamLoanga de\ Norte; enc judge i;hall preside over the Courts of First lnstl!.nce of Zamboanga de\ Sur and Zamboanga City; and one judge shall preside .:>vet· the Courts of First Instance of Sulu and Basilan City. "SEC. lil. Detail of judge to a11other district or provi11ce. - Whenever a judge stationed in any province or branch of a court in a province shall certify t o the Secretary of Justice that. the condition nf the dl')Ck('t in his court is such as to require the a..q. sist:mce of nn additional judge, or when there is a:1y vacancy in uny court or branch of a court in a province, the Sccre:ary of Justice may, in the interest of justice, with the approval of the Supreme Court and for a period of not more than three months for each timo, assign any judge of any other cou1't or province whose d"cket permits his temporary absence from said court, to hold sessions in the court nccdin~ such assistance, or where such vacancy exists. No judge so detailed shall take cognizance of any cf.Se when any of the parties thcrf'to objects and Lhe objection is sustained by the Suprcmt> Court. "SEC. 52. Permanent stations of district judges. - The per. manent station of judges of the Sixth Judicial District shall be in the City of Manila. ''In othe1· judicial districts, the permanent stations of the judges shall be as follows: "Por the First Judicial District, the judge of the first branch of the Court of First Instance of Cagayan shall Le stationed in the Municipality of Tugucgarao, same province; the judge of tho second branch, in the Municipa.lity of Aparri, same province; one judge shall be stationed in the Municipality of Ilagan, Province of lsabcla.; one judge shall be stationed at Cauay!H~, Isabela; and another judge, in thf' Municipality of Bayombong, Province of Nueva Vizcaya. "For the Second Judicial District, two judges shall be stationed in the Municipality of Laoag, Province of !locos Norte; two judges in the Municipality of Vigan, Province of Ilocog Sur; one judge, in the City of Baguio, Mountain Province; one judge, in the Municipality of Bangucd, Provine!.' of Abra; and one judge, in the Municipality of San Fernando, Province of La Union "For the Third Judicial District, two judges shall be station~ 314 THE LA WYE HS JOURNAL June 30, 1954 fn the Municipality of Lingayen, Province of Pangasinan; two judges shall be stationed in the City of Dagupan; and one judqe in the Municipality of Iba, Provin::e of ZambaleR; and one in thP Municipality of t;rdnneta. "For the Foul'th Judicia.l Di.itrict, three judges shall be stationed in the City of Cabantuan, and two judges in the Municipality of Tarlac, Province of Tarlac. "For the Fifth Judicial District, one judge shall be stationed in the Municipality of San Fernando, Province of Pampanga: and one judge shall be stationed in the Municipality of Guagua, Province of Pampanga; one judge in the Municipality of Balanga, Province of Bataan; and two judges, in the Municipality of Ma. Joios, Province of Bulacan. ''For the Seventh Judicial District, the two judges of the first and second branches of the Court of F irst Instance of Rizal shall be stationed in the Municipality of Pasig, same province; that of the third branch, in Pasay City; and those of the fourth and tifth bl-anches, Quezon City; one judge, in the Municipality of Puerto Princesa, Province of Palawan; and two judges. in the City <ii Ca.,·ite. "J<'or the Eighth Judicial District, two judges shall be ttta.. tioned in the Municipality of Biilan and the Municipality of S:mta Cruz, Province of Laguna, respectively, and one judge ,in , the City of San Pablo; the judge of the first branch of the Court of First Instance of Batangas shall be stationed in the Municipality of Bantangas, Province of Batangas; an.i those of thP second and third branches ,in the City of Lipa and the Municipality of Balay&n, Province of Batangas, respectively; and one judge, in the Municipality of Calapan, Province of Mindoro Oriental. "For the Ninth J udicial District, the two judges shall be stationed in the Municipality of Lucena, Province of Quezon; one judge shall be stationed in the Municipality of Gums.ca, in the same province; and one judge, in the Municipality of Daet, Province o! Camarines Norte. · ''For the Tenth Judicial District, three judges f.hall be stationed in the City of Naga, Province o! Camarines Sur; two judge!J k Legaspi City; one judge, in the Municipality o! Sorsogon, Prov. Ince of Sorsogon; e.nd one judge. in the Municipality of Masbate. Province of Masbate. "For the Eleventh Julicial District, one judge shall be stationed in Roxas City and Romblon; and one judge, in the Municipality of Calivo, Province of Capi21; and four judges, in the City of Iloilo; and one judge in the Municipality of San Jose de Buenavista, Province of Antique. "For the Twelfth Judicial District, four judges shall be stationed in the City of Bacolod; two judges, in the City of Dumaguete. "For the Thirteenth Judici2.I District, the judge of the first. branch of the Court '"J! First Instance o! Samar ahall be stationed in the Munidpality of Catbalcgan, Province of Samar; the judgP of the second branch, in the Municipality of Borongan, same prov. ince; and the judge of the third branch, in the Municipality ot Laos.Jig, same province; the judges of the first and second branches of the Court of First Instance of Lcyte shall be stationed in th9 City of Tar.Joben, the judge of thC' third branch, in the Municipality of Maasin, Province of Leyte; the judge of the fourth branch, in the Municipality of Baybay, same province; the judge of the fifth branch ,in the City of Ormoc; and the judge of the sixth bram:h, in the Municipality of 0.iriagra, Leyte. ''For the Fourteenth Judicial District, fiv:e judges shall be ~tationed in the City <lf Cebu ~nd one judge, in ... J1e Municipalit) of Tagbilaran, Province of Bohol, "For the Fifteenth Judicial District, <lJle judge shall be statioMd in the Municipelity of Surigao, Provine; of Surigao; one judge, in the City of Cagayan de Oro; one judge, in the City o! Da.nsalan; one judge, in the Municipality of Malaybalay, Province of Bukidnon; and one judge, in the City of Butuan. "For the Sixteenth Judicial District, three judges shall be stationed in the City of Davao, Province of Davao; two judges in the Municipality of Cotabato, Province of Cotabato; one judge, in the Municipality of Oroquieta, Province of Occid1mtal Misamis; one judge, in the Municipality of Dipolog, Province of Zamboa.ngn del Norte; one judge, in the City of Zamboanga; and one judge in the Municipality of J olo, Pl'Ovince of Sulu.0 "SEC. 54. Places and time of holding Court. - x x "Second Judicial District : At Bontoc, Mountain Province, Oil the first Tuesday of March, June, and November ('f each ye!lr; and, whenever the interest of ju.iticc so require, a special term of court shall be held a.t Lubuagan, Subprovince of Kalinga. "Seventh Judicial Distdct: At Coron, Province of Palawan. on the first Monday of June and November of each year; and at Cu;vo, same province, cin the second Thursdav of June and Novembn of each year. 11Eight Judicial District: The judge shall h:ild special term a.t the municipalities of Lubang, Mamburao and Snn J ose, Mindoro Occidental; Pinamalayan and Roxas, Mindoro Oriental, onr.e every year, as may be determined by him; at Buac, Province of Marinduque, on the first Tuesday of March, July and October of each year. "Ninth Judicia.l District: At Infants, Province of Quezon, fur the municipalities of Infanta, Cak;iguran. Baler and Polillo. on the first Tuesday of January .and J une of each year. "Eleventh Judicial District: Al Culasi, Province of Antique, on the first Tuesday of December of each year. "'Fifteenth Judicial District: At Centilan, Province of Surigao, on the first Tuesday of August of each year; a special term of court shall also be held once a ytar in either the Municipalit.y of Tandag or the Municipality of Hina.tuan, Province v! Surigao, in the discretion of the di$trict judge; at Mambaja.o, Province of Oriental Misamis, on the first Tuesday of March 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; et Iligan, Province o! Lanno, on the first Tuesday of March and October o! each year, and at any time of the year at the Municipality o! Baro~·· "Sixteenth Judicial District: At Dipolog, Pr.wince of Zamboanga de! Norte, terms of court shall be held at least four times a year and in the Municipality of Sindangan of said province, on dates to be fixed by the district judge; at Pagadian, Zamboanga del Sur, at least three times. a year; at Isabela, City of Basila.n, at least four times a year on dates to be fixed by the district judge; at Baganga and Mali, Province of Davao: and at Gian, Province of Cotabato, terms of court shall be held at lea!lt onc.P a year on dates to be fixed by the district judge. "SEC. 60. Division of business among branche~ of Court of Si:ttk District. - In the Court of First Instanci:! of the Sixth District all cascg relative to the registration of real estate in the City of Manila and all matters involving the excreise of the powers conferred upon the fourth branch of said court or the judge thereof in reference to the registration of land ~hall be within the exclusive jurisdiction of said fourth branch and shall go or be assigned thereto for disposition according· to law. All other <Continued on n?:r.t page) June 30, 1954 THE LA WYERS JOURNAL 815 RAPE OF THE JUDICIARY BY' REP. DIOSDADO MACAPAGAL Among the piling !'ills of the party in power can be included the enactment into law of H. Bill No. 1961 which, in the guise of judicial reorganization, will remove from office thirty. three judges at large and cadastral judges. The pica of the op11osition to avoid this rape of the judiciary fell on majority ears that have become deaf to the call of justice but keen in hearkening to the siren call of political patrc>nage to create positions for office-hungry political proteges. The remo\•al of these judges tramples upon the constitution. It plunges a dagger into the heart flf judicial independence. It directly transgresses the constitutional JH'O''ision providing' that "The members of the Supreme Comt ::ind all judges of infel'ior courts shall hold office during good beha.vior, until they reach the aie of seventy years, or become incapacitated to discharge the duties of their office.'' Dr. Jose M. Aruego, chronicler of the proceedings of the eonstitutional convention, attests that this provisio1~ is the sinew that gives strength to judicial independence: "The convention i;ought to secure the independence of the judiciary through the provisions tc the effect (1) that the members of the Supreme Court and ::ill judges of inferior courts shall hold office during good bdw.vior, until they rez.ch the age of seventy years, or become incapacitated to discharge the duties of their office." The party in power invokes the power of Congress to create inferior courts under the constitutional provision 1hat: "The judicial power shall be vested in one Supreme Court and in such inferior courts as may be established by law." But in the words of Justice Jose P. Laurel in the case of "Zandueta vs. de la Costat 6li Phil. 615, "the principles embodied in these two sections of the same article of the s:onstitution musl be coordinated and harmonized." Justice Laurel said further: "Cases may arise whert! the violation of the constitution regarding security of judicial tenure is palpable and plain, and that legislative power of reorganization may be sought to cloak an unconstitutional and evil purpose. When a case of that kind arises, it will be time to make the hammer fall and heavily.'' The case en\'iSagcd by Dr. L::iurel has arisen in this measure. REPUBLIC ACT NO. 1186 . business appertaining t~ the Court of First Instance (If said dis. trict shall be equitably distributed amcng the judges of the eighteen branches, in such manner as shall be agreed upon by the judges themselves; but in pr0ceeding to i;uch distribution of the ordinary cases, a smaller _,,hare shall be assigned to the fourth branch, due & ccount being taken of the amount of land registratiOH work which may be 1·equired of this branch: Providecl, however, That at. least four branches each year shall be assigned by rotation to try only criminal cases. "Nothing contained in this section and in section sixty-three sh2.ll be construed to prevent the temporary designation of judges to act in this district in accordance with scclion fifty-cme." SEC. 2. Whenever the w .. ll"ds "J udgc-at-Larg:!" or "Cadas.tral J udge" appear in Republic Act Numbered Two huudred ninety. six, the same shall read "District J udge". SEC. 3. All the present district judges shall continue e.s such, but if any district judge is commissioned for the Courts of First Instance of two provinces, and a sepa1·a.te J.istrict judge has been provided for herein for one of such courts, the former shall The pui·pose of tl1is enactment is avowedly to prevent the transfer judges of first instance from one province to another known as "rigodon de jueces." This objective can be carried out without removing the present judges by. changing their designation and prohibiti11g their transfer except within the same judicial district. The power to create courts must be exercised without remo\'ing the inc1.nnbent judges, particularly where their removal is not css:ential to thE' purpose of the judicial reorganization. It follows that the removal of the incumbent judges is a politic::i.l move made at the sacrifice of judicial independence which is c::insecrat1::d in the fundamental law. This assault on the constitution by the ruling party is aggravated by the fact that in paragraph V of Lhe 1953 Nacionalista platform, the party committed itself solemnly "to maintain an independent judiciary." By its consistency in reversing its election pledges, the uew Nacionalista p'lrty m::iy yet go down in our fl'Jlitical history as the '!Jarty of broken promises. Wi\h the precedent establishec! in this bill, ev'.:!ry new party in power will follow this infamous example, abolish the positioJns of incumbent judges, and empltly its own men. Secmity of judicial t~nure therehy become~ a fiction. J udges will be induced to takP. sides in political fights knowing lhat their stay in office will depend on which party will win. J udicial independ~nce is thereby com1 ertcd into sycophancy to the political gods. This political assault on the courts also partakes of cruelty and ingr~titndc if it is considered that before the election the N:iC'ionalista party hailed the judiciary as truly the last bulwark of democn1.cy against the alleged tyranny of the past administration for deciding case after case involving acts of the Liberal administration against the latter. Now that the N':lcionalista party won partly through the moral support of the judiciary, it seeks to transform the latter from n. bulwark of democracy into political bvoty. The pi·ostitution of the judicial independence by the majority party not OHly a1·ouses the conscience ngainst this conversion of the constitution into a scrap of paper to sati2.te a lust for political patronage, but also induces despair at the cryst::i.lizing truth that there has been a change of adminiio.trution but no change in official morality. have the option to select the court over which he shall <;ontinue to preside and notify the Presid:mt of his selection within a rca. sonable time. If the number of branches in any Court of First Instance has been increased, the district judge presiding over any branch thereof in a particular place shall continue to preside ove1 such branch notwithstanding a change in its number under thP pl'Ovisions of this Act. All the existing poi:;itions of J udges-at-Large and Cadastral J udges arc abolished, :md section fift>'-three of Republic Act Num. bcrcd Two h1u1drcd ninety-six is hereby repealed. SEC. 4. Any judge.at-largo:! 01· cadastral judge who shall not be appointed as district judge by virtue of the provisions of this Act, shall be given a gratuity in an amount of one month's salary for each year of service of such judge, the. total amount not to exceed the salary for one year. The sum necessary to carry out the provisions of this Act is hereby appropriated. SEC. 5. This Act shall tab effect upon· its approval. Approved, 316 THE LAWYERS JOURNAL June 30, 1954
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313-316