Proposed 2002 Internal Rules of the Court of Appeals, as Amended

July 13, 2004

A.M. No. 03-05-03-SC

RE : Proposed 2002 Internal Rules of the Court of Appeals, as Amended

Gentlemen:

Quoted hereunder, for your information, is a resolution of the Court En Banc dated 13 July 2004

A.M. No. 03-05-03-SC — RE: PROPOSED 2002 INTERNAL RULES OF THE COURT OF APPEALS, AS AMENDED.

Before us are the 2002 Internal Rules of the Court of Appeals, as amended, for approval pursuant to Section 6, Article VIII of the Constitution, in compliance with our Resolution dated May 25, 2004.

The Court is in agreement with Hon. Cancio C. Garcia, Presiding Justice of the Court of Appeals, on the necessity of the amendment for the full implementation of RA 8246. 1 However, an examination of the proposed major changes thereof compels the Court to fine-tune the same, as follows:

• ON THE DESIGNATION BY THE PRESIDING JUSTICE OF AN EXECUTIVE JUSTICE IN EACH OF THE STATION OF THE COURT IN THE CITIES OF CEBU AND CAGAYAN DE ORO. 2

At the outset the appointment or designation of an Executive Justice is not within the powers and prerogatives of the Presiding Justice of the Court of Appeals. Premised on A.M. No. 03-8-02-SC and Section 6 Article VIII of the Constitution, the powers and prerogatives of the Executive Justice must be derived through delegation by the Supreme Court. The Presiding Justice of the Court of Appeals may only make recommendations therefor. CDTAbench

Considering the special powers, prerogatives and duties of executive judges in judicial supervision, personnel administration, financial management and other miscellaneous functions which should have the same premises as those found in A.M. No. 03-8-02-SC concerning first and second level courts, we find it necessary to select and appoint one Vice-Executive Justice per station to perform powers delegated by the Executive Justice, and to act as Acting Executive Justice whenever the Executive Justice is on official leave of absence or is not physically present in the station. Selection and appointment of the Executive Justice and Vice-Executive Justice should be made in accordance with the guidelines in A.M. No. 03-8-02-SC (specifically Section 1 thereof providing for administrative qualifications, experience, ability and seniority in the station). It should not solely be based on seniority.

All provisions relative to the functions of the Executive Justice and those to be performed in his absence should thus be modified to include the functions of the Vice-Executive Justice (e.g., Section 2, Rule III; Section 2, Rule IV, Proposed 2002 Internal Rules, as amended).

• ON STYLE AND SEMANTICS

The Court modifies Section 10 on "Other Court Officials and their Duties," second paragraph thereof. The clause "who shall see to it that all their duties and functions are strictly and promptly complied with" is a surplusage considering that the phrase "under the direct control and supervision" expresses the idea in itself. ICASEH

All the other proposed changes are hereby approved by the Court.

WHEREFORE, the proposed 2002 Internal Rules of the Court of Appeals, as amended, are hereby remanded to the Court of Appeals which is directed to make the proper modifications thereon.

Very truly yours,

 

(SGD.) LUZVIMINDA D. PUNOClerk of Court

Footnotes

1. An Act Creating Additional Divisions in the Court of Appeals, Increasing the Number of Court of Appeals Justices from Fifty-One (51) to Sixty Nine (69).

2. Proposed 2002 Internal Rules, as amended, p. 3.