Amendments to R.A. No. 296 Re: Clerks of Court of CFI-Manila

June 18, 1966

REPUBLIC ACT NO. 4728

AN ACT TO AMEND SECTIONS SIXTY-ONE AND SIXTY-TWO OF REPUBLIC ACT NUMBERED TWO HUNDRED NINETY-SIX, AS AMENDED, OTHERWISE KNOWN AS "THE JUDICIARY ACT OF 1948" AND FOR OTHER PURPOSES (RE: CLERKS AND OTHER SUBORDINATE EMPLOYEES OF THE COURT OF THE COURT OF FIRST INSTANCE OF MANILA)

SECTION 1. Sections sixty-one and sixty-two of Republic Act Numbered Two hundred ninety-six, as amended, are hereby further amended to read as follows:

"Sec. 61. Authority of Court of First Instance of the Sixth Judicial District over administration of its own affairs. — The Court of First Instance of the Sixth Judicial District shall have the administrative control of all matters affecting the internal operations of the twenty-five branches of the court. This administrative control shall be exercised by the court itself through the clerk of court, or in his absence or incapacity, the assistant clerk of court. In administrative matters, the clerk of court shall be under the direction of the court itself. The personnel of the office of the clerk of court of the Court of First Instance of the Sixth Judicial District shall consist of the clerk of court, the assistant clerk of court, the twenty-five branch clerks of court, the special clerk of court and such deputy clerks, officers and employees as may be provided by law. The subordinate employees of said office shall be appointed by the Secretary of Justice upon recommendation of the Chief of the Office, the clerk of Court. The said clerk of Court and all the employees of his office shall belong, for all purposes, to the Court of First Instance of the Sixth Judicial District." cd

"Sec. 62. Appointment and Qualifications of Clerks. — The clerk of Court, the assistant clerk of Court, the twenty-five branch clerks of Court and the special clerk of Court of the Sixth Judicial District shall be appointed by the President of the Philippines upon recommendation of the Secretary of Justice, with the consent of the Commission on Appointments. No person shall be eligible for appointment to any of these positions unless he is duly authorized to practice law in the Philippines: Provided, however, That this requirement shall not affect persons who, at the date of the approval of this Act, are holding the position of clerk of court, assistant clerk of court, branch clerk of court or deputy clerk of court assigned to a branch and performing the work of a branch clerk of court, or special clerk of court: Provided, further, That the present clerk of court, the assistant clerk of court, the twenty-five branch clerks of court assigned to the twenty-five branches thereof, and the special clerk of court shall continue as such in office without the necessity of reappointment. The clerk of court shall receive an annual salary of thirteen thousand two hundred pesos, the assistant clerk of court shall receive an annual salary of ten thousand eight hundred pesos, the branch clerks of court and the special clerk of court shall each receive an annual salary of nine thousand six hundred pesos." cd

SECTION 2. This Act shall take effect upon its approval.

Approved: June 18, 1966

Published in the Official Gazette, Vol. 65, No. 1, p. 11 on January 6, 1969