[ REPUBLIC ACT NO. 5440, September 09, 1968 ]

AN ACT AMENDING SECTIONS NINE AND SEVENTEEN OF THE JUDICIARY ACT OF 1948.



Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section nine of Republic Act Numbered Two hundred ninety-six,  otherwise known  as "The Judiciary Act of 1948," is hereby amended to read as follows:
"SEC.   9. The  Supreme   Court;  quorum  of  the  court; designation of Justices of the Court of Appeals and District Judges to sit in the Supreme Court; number of Justices necessary to reach  a decision.—The Supreme Court of the  Philippines  shall  consist  of  a  Chief Justice  and ten Associate   Justices,   which  shall  sit  in  banc  in  the hearing and determination of  all cases within its jurisdiction. The presence of six Justices shall be necessary  to constitute a quorum except when the judgment of the lower court imposes the death penalty, in which case the presence of eight Justices shall be necessary to constitute a quorum.In the absence of a quorum, the Court shall stand ipso facto adjourned until such time as the requisite number shall  be  present,  and  a    memorandum  showing this fact shall  be  inserted by the clerk in the minutes of the court.

" If  on account of illness, absence, or  incapacity upon of the grounds mentioned in Section one, Rule One "Hired and thirty-seven of the Rules of Court, of any the Justices of the  Supreme  Court,  or whenever, by  reason  of   temporary   disability   of   any   Justice   thereof,  or  vacancies  occurring therein,  the  requisite number  of  Justices  necessary to constitute  a quorum  or to render a  judgment  in  any given case,   as  heretofore provided,  is   not   present,   the  President  of  the  Philippines,  upon the recommendation of the Chief Justice, may designate  such   number   of   Justices   of   the   Court   of   Appeals  or  District Judges as may be necessary, to sit temporarily  as Justices of the Supreme Court in order to form  a  quorum, or until a judgment in said case is reached:   Provided, however, That no Justice of the Court of  Appeals or District Judge may be designated to act in any  case in the decision of which he has taken part.

"The concurrence of at least six Justices of the Court shall be necessary for the pronouncement of a judgment.   However, for the purpose of declaring a law or a treaty unconstitutional, at least eight Justices must concur. When the necessary majority, as herein provided, to declare a law or a treaty unconstitutional cannot be had,  the Court shall so declare, and in such case the validity or constitutionality of the Act or treaty involved shall be deemed upheld.

"Whenever the judgment  of  the  lower  court imposes the death penalty, the case shall be determined by eight Justices of the Court.    When eight Justices fail to reach a decision  as  to  the propriety of the imposition of the death penalty, the penalty next lower in degree shall be imposed."
SEC. 2. Section seventeen of the same Act, as amended. is hereby further amended to read as follows:
"SEC. 17. Jurisdiction  of  the  Supreme  Court.— Supreme Court shall have original jurisdiction over cast affecting  ambassadors,   other  public ministers, and consuls; and original and exclusive jurisdiction in petitions for the  issuance  of writs  of  certiorari,  prohibition mandamus against the Court of Appeals.

"In the following cases, the Supreme Court shall exercise original and concurrent jurisdiction with Court First Instance:

1.  In petitions for the issuance of writs of certiorari, prohibition, mandamus, quo warranto, and habeas corpus;  and

2.  In actions brought to prevent and restrain violations law concerning monopolies and combinations in restraint  of  trade.

"The Supreme Court shall have exclusive jurisdiction to review, revise,   reverse,  modify  or  affirm  on  appeal,  as the law or rules of court may provide, final judgments and decrees of inferior courts as herein provided, in—

'(1) All criminal cases involving offenses for which the penalty imposed is death or life imprisonment; and those involving other offenses which, although not so pun­ished, arose out of the same occurrence or which may have been committed by the accused on the same occasion, as that giving rise to the more serious offense, regardless of whether the accused are charged as principals, accomplices or accessories, or whether they have been tried jointly or separately;  

''(2) All cases involving petitions for naturalization or denaturalization; and

"(3) All decisions of the Auditor General, if the appellant is a private  person  or entity.

''The Supreme Court shall further have exclusive jurisdiction  to  review,   revise,   reverse,   modify or   affirm  on  certiorari  as the law or rules of court may provide, final  and decrees of inferior courts as herein provided, in

"(1)  All cases in which the constitutionality or validity of  any  treaty, law, ordinance, or executive order or regulation is  in question;

"(2)  All cases involving the legality of any tax, impost, assessment  or  toll,  or  any  penalty  imposed   in  relation thereto;

"(3)  All cases in which the jurisdiction of any inferior courts is  in  issue;

"(4) All other cases in which only  errors or questions of  law  are  involved: Provided,  however, That if, in addition to  constitutional, tax or jurisdictional questions, the cases mentioned in the three next preceding paragraph also involve questions of fact or mixed questions of fact  and law, the aggrieved party shall appeal to the Court Appeals; and the final judgment or decision of the latte may be reviewed, revised, reversed, modified or affirmed by the Supreme Court on writ of certiorari; and

"(5) Final awards, judgments, decisions or orders of the Commission on Elections, Court of Tax Appeals, Court of  Industrial   Relations,  the  Public   Service  Commission,  and  the  Workmen's Compensation Commission."
SEC. 3. The Supreme Court shall provide by rule for the procedure governing petitions for writs of certiorari to review judgments mentioned in Section seventeen of Republic Act Numbered Two hundred ninety-six, as amended by this Act and the effect of the filing thereof on the judgment or decree sought to be reviewed. Until the Supreme Court provides otherwise, said petitions shall be filed within the period fixed in the rules of court for appeals in criminal or civil cases or special civil actions or special proceedings, depending upon the nature of the case  which the judgment or decree sought to be reviewed, was rendered; the filing of said petition shall stay the execution of the judgment sought to be reviewed; and the aforesaid petitions shall be filed and served in the form required for petitions for review by certiorari of decisions of the Court of Appeals.

SEC. 4. This Act shall not affect appeals perfected before its passage.

SEC. 5. This Act shall take effect upon its approval.

Approved,  September 9,  1968.