Amendments to R.A. No. 296 (The Judiciary Act of 1948)

June 17, 1961

REPUBLIC ACT NO. 3090

AN ACT TO AMEND CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED TWO HUNDRED AND NINETY-SIX, OTHERWISE KNOWN AS "THE JUDICIARY ACT OF 1948," AS AMENDED

SECTION 1. Section forty-two of Republic Act Numbered Two hundred and ninety-six, as amended, is hereby amended to read as follows:

"Sec. 42.  Qualification and salary. — No person shall be appointed District Judge unless he has been ten years a citizen of the Philippines and has practiced law in the Philippines for a period of not less than ten years or has held during a like period, within the Philippines, an office requiring admission to the practice of law in the Philippines as an indispensable requisite. cd

The District Judge shall receive a compensation at the rate of sixteen thousand pesos per annum. The Judicial Superintendent of the Judiciary Division shall receive the same compensation and shall have the same rank and be entitled to the same privileges as the District Judge."

SECTION 2. The last paragraph of Section fifty of the same Act is hereby amended to read as follows:

"Sec. 50. Judges of First Instance of Judicial Districts.

xxx xxx xxx

"Fifteen judges shall be commissioned for the Sixteenth Judicial District. Three judges shall preside over the Courts of First Instance of the Province of Davao and Davao City to be known as judges of the first, second and third branches thereof; three judges shall preside over the Court of First Instance of Cotabato, to be known as judges of the first, second and third branches thereof: two judges shall preside over the Court of First Instance of Occidental Misamis and Ozamis City to be known as judges of the first and second branches thereof; two judges shall preside over the Court of First Instance of Zamboanga del Norte to be known as judges of the first and second branches thereof; one judge shall preside over the Court of First Instance of Zamboanga del Sur; one judge shall preside over the Court of First Instance of Zamboanga City; one judge shall preside over the Court of First Instance of Basilan City; and two judges shall preside over the Court of First Instance of Sulu, to be known as judges of the first and second branches thereof." cdt

SECTION 3. The last paragraph of Section fifty-two of the same Act is hereby further amended to read as follows:

"Sec. 52. Permanent stations of district judges. —

xxx xxx xxx

"For the Sixteenth Judicial District, three judges shall be stationed in the City of Davao; two judges shall be stationed in the City of Cotabato; one judge shall be stationed in the Municipality of General Santos, Province of Cotabato; one judge shall be stationed in the Municipality of Oroquieta, Province of Occidental Misamis; one judge shall be stationed in Ozamis City; two judges in the Municipality of Dipolog, Province of Zamboanga del Norte, any one of whom shall be subject to call for service at Oroquieta, Occidental Misamis by the Secretary of Justice; one judge in the Municipality of Pagadian, Province of Zamboanga del Sur; one judge in the City of Zamboanga; one judge in Basilan City; one judge in the Municipality of Jolo, Province of Sulu; and one judge in the Municipality of Siasi, same province."

SECTION 4. The last paragraph of Section fifty-four of the same Act is hereby further amended, and another paragraph is added thereafter, to read respectively, as follows:

"Sec. 54. Places and time of holding court. —

xxx xxx xxx

"Sixteenth Judicial District: Terms of court shall be held in the Municipality of Sindangan, Province of Zamboanga del Norte, on dates to be fixed by any of the district judges; and at Baganga and Mati, Province of Davao, terms of court shall be held at least once a year on dates to be fixed by any of the districts judges. Terms of Court shall be held in any municipality in the Province of Sulu whenever the interest of justice so requires. cd i

"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 province; and in land registration cases, to any other place more convenient to the parties."

SECTION 5. The second paragraph of Section eighty-eight of the same Act is hereby further amended to read as follows:

"Sec. 88. Original jurisdiction in civil cases. —

xxx xxx xxx

"The jurisdiction of a justice of the peace and judge of a municipal court shall not extend to civil actions in which the subject of litigation is not capable of pecuniary estimation, except in forcible entry and detainer cases; nor to those which involve the legality of any tax, impost, or assessment nor to actions involving admiralty or maritime jurisdiction; nor to matters of probate, the appointment of trustees or receivers; nor to actions for annulment of marriages: Provided, however, That justices of the peace may, with the approval of the Secretary of Justice, be assigned by the respective district judge in each case to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition, or contested lots the value of which does not exceed five thousand pesos, such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants, if there are more than one, or from the corresponding tax declaration of real property." cd

SECTION 6. The sum of six hundred sixty-four thousand pesos or so much thereof as may be necessary is hereby appropriated out of any funds in the National Treasury not otherwise appropriated, to carry out the provisions of this Act for the fiscal year nineteen hundred sixty-one to nineteen hundred sixty-two. Thereafter, said amount or so much thereof shall be included in the annual General Appropriations Act.

SECTION 7. This Act shall take effect upon its approval.

Approved: June 17, 1961

Published in the Official Gazette, Vol. 57, No. 50, p. 9012 on December 11, 1961