Article 64p. 64

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

prosecution .-Where it shall satisfactorily appear that the

witness for the prosecution is too sick or infirm to

appear at the trial as directed by order of the court, or

has to leave the Philippines with no definite date of

returning thereto, he may forthwith be conditionally

examined before the judge or the court where the case

is pending. Such examination in the presence of the

accused,

or

after

reasonable notice to attend the

examination has been served on him, will be conducted

in the same manner as an examination at the trial.

Failure or refusal on the part of the accused to attend

the examination after notice herein before provided,

shall be considered a waiver. The statement thus taken

may be admitted on behalf of or against the accused.

SEC. 16. Cross-Examination of defense witnesses .

The

prosecutor shall endeavor to secure well in advance all

available information about a defense witness in order

to prepare for an effective cross-examination.

Where

the testimony of a defense witness bears no effect on

the evidence of the prosecution, a cross-examination

need not be conducted.

SEC.

17.

Rebuttal

evidence .-

The

presentation and

nature of rebuttal evidence will depend on the effect

which the defense evidence may have caused on the

prosecution's evidence-in-chief. The recall of a witness

who

already

testified

during

the

evidence-in-chief

presentation merely to refute what a defense witness

may have stated during his defense testimony is not

generally a rebuttal evidence. \\Where there is nothing

to refute, rebuttal evidence is unnecessary.

BP Blg 129 | The Judiciary

Reorganization Act of 1980

as amended by EO No 33, s. of 1986; RA Nos 7154, 7691,

7902, 8246

AN

ACT

REORGANIZING

THE

JUDICIARY,

APPROPRIATING

FUNDS

THEREFOR,

AND

FOR

OTHER PURPOSES

PRELIMINARY CHAPTER

Section 1. Title. – This Act shall be known as "The

Judiciary Reorganization Act of 1980."

Section 2. Scope. – The reorganization herein provided

shall include the Court of Appeals, the Court of First

Instance, the Circuit Criminal Courts, the Juvenile and

Domestic

Relations Courts, the Courts of Agrarian

Relations, the City Courts, the Municipal Courts, and the

Municipal Circuit Courts.

CHAPTER I COURT OF APPEALS

Section 3. Organization. – There is hereby created a

Court of Appeals which shall consist of a Presiding

Justice and sixty-eight (68) Associate Justices who shall

be appointed by the President of the Philippines. The

Presiding

Justice

shall

be

so

designated

in

his

appointment, and the Associate Justices shall have

precedence according to the dates of their respective

appointments, or when the appointments of two or

more of them shall bear the same date, according to

the order in which their appointments were issued by

the President. Any member who is reappointed to the

Court after rendering service in another position in the

government shall retain the precedence to which he

was entitled under his original appointment. and his

service in the Court shall, for all intents and purposes,

be considered as continuous and uninterrupted. (as

amended by Exec. Order No. 33,, July 28, 1986; RA No

8246)

Section 4. Exercise of powers and functions. – The

Court of Appeals shall exercise its powers, functions,

and duties through twenty-three (23) divisions. each

composed of three (3) members. The Court may sit en

banc

for

the

purpose of exercising administrative,

ceremonial

or other nonadjudicatory functions. (as

amended by Exec. Order No. 33; RA No 8246)

Section 5. Succession to Office of Presiding Justice. – In

case of a vacancy in the absence of inability to perform

the powers, functions, and duties of his office, the

associate

Justice

who

is

first

in precedence shall

perform his powers, functions, and duties until such

disability is removed, or another Presiding Justice is

appointed and has qualified.

Section 6. Who presides over session of a division. – If

the Presiding Justice is present in any session of a

division of the Court, he shall preside. In his absence,

the Associate Justice attending such session who has

precedence shall preside.

Section 7. Qualifications. – The Presiding Justice and

the Associate Justice shall have the same qualifications

as those provided in Constitution for Justice of the

Supreme Court.

Section 8. Grouping of Divisions. – (Expressly repealed

by Section 4, Exec. Order No. 33, July 28, 1986.)

Section 9. Jurisdiction. – The Court of Appeals shall

Exercise:

1. Original jurisdiction to issue writs of mandamus,

prohibition,

certiorari,

habeas

corpus,

and

quo

warranto, and auxiliary writs or processes, whether or

not in aid of its appellate jurisdiction;

2.

Exclusive

original

jurisdiction

over

actions

for

annulment of judgements of Regional Trial Courts; and

3.

Exclusive

appellate

jurisdiction

over

all

final

judgements, resolutions, orders or awards of Regional

Trial

Courts

and

quasi-judicial

agencies,

instrumentalities, boards or commission, including the

Securities

and

Exchange

Commission,

the

Social

Security Commission, the Employees Compensation

Commission and the Civil Service Commission, Except

those falling within the appellate jurisdiction of the

Supreme Court in accordance with the Constitution,

the Labor Code of the Philippines under Presidential

Decree No. 442, as amended, the provisions of this Act,

and of subparagraph (1) of the third paragraph and

subparagraph 4 of the fourth paragraph od Section 17

of the Judiciary Act of 1948.

The court of Appeals shall have the power to try cases

and conduct hearings, receive evidence and perform

any and all acts necessary to resolve factual issues

raised in cases falling within its original and appellate

jurisdiction, including the power to grant and conduct

new trials or Appeals must be continuous and must be

completed within three (3) months, unless extended by

the Chief Justice. (as amended by R.A. No. 7902.)

Section 10. Place of holding sessions. – The Court of

Appeals shall have its permanent stations as follows:

The first seventeen (17) divisions shall be stationed in

the City of Manila for cases coming from the First to the

Fifth Judicial Regions; the Eighteenth, Nineteenth, and

Twentieth Divisions shall be in Cebu City for cases

coming from the Sixth, Seventh and Eighth Judicial

Regions;

the

Twenty-first,

Twenty-second

and

Twenty-third Divisions shall be in Cagayan de Oro City

for cases coming from the Ninth, Tenth, Eleventh, and

Twelfth

Judicial

Regions.

Whenever

demanded

by

public interest, or whenever justified by an increase in

case load, the Supreme Court, upon its own initiative or

upon recommendation of the Presiding Justice of the

Court of Appeals, may authorize any division of the

Court to hold sessions periodically, or for such periods

and

at

such

places

;as

the

Supreme

Court

may

determine. for the purpose of hearing and deciding.

cases. Trials or hearings in the Court of Appeals must be

continuous and must be completed within three (3)

months unless extended by the Chief Justice of the

Supreme Court. (as amended by RA No 8246)

© Compiled By RGL

64 of 98