The Judiciary Reorganization Act of 1980 and the Act Establishing the Sandiganbayan

Section 3

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

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 non adjudicatory functions. (as amended by Exec. Order No. 33; RA No 8246)

Section 5

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

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

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

(Expressly repealed by Section 4, Exec.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

Section 9

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

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)

Section 11

A majority of the actual members of the Court shall constitute a quorum for its session en banc. Three members shall constitute a quorum for the session of a division. The unanimous vote of the three members of a division shall be necessary for the pronouncement of a decision of final resolution, which shall be reached in consultation before the writing of the opinion by any members of the division. In the event that the three members do not reach a unanimous vote, the Presiding Justice shall request the Raffle Committee of the Court for the designation of two additional Justice to sit temporarily with them, forming a special division of five members and the concurrence of a majority of such division shall be necessary for the pronouncement of a decision or final resolution. The designation of such additional Justice shall be made strictly by raffle. A month for reconsideration of its decision or final resolution shall be resolved by the Court within ninety (90) days from the time it is submitted for resolution, and no second motion for reconsideration from the same party shall be entertainment. (as amended by Exec. Order No. 33, July 28, 1986.)

Section 12

The court en banc is authorized to promulgate rules or orders governing the constitution of the divisions and the assignment of Appellate Justices thereto, the distribution of cases, and other matters pertaining to the operations of the Court of its divisions. Copies of such rules and orders shall be furnished by the Supreme Court, which rules and orders shall be effective fifteen (15) days after receipt thereof, unless directed otherwise by the Supreme Court.