Manual for Executive Judges, 2009

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MANUAL FOR EXECUTIVE JUDGES

Chairperson/Project DirectorJustice Alfredo L. Benipayo (ret.)

Writer/ContributorsDCA Bernardo T. Ponferrada (ret.)

CA Jose P. PerezJudge Thelma A. PonferradaJudge Myrna G. Fernandez

ACA Thelma C. Bahia

EditorProf. Myrna S. Feliciano

Assistant EditorJustice Marina L. Buzon (ret.)

Editorial AssistantZenaida Antonio

Research AssociateRouschelle G. Mercado

Research AssistantsMarita Flora C. Ayllon

Erlinda I. Joya

Layout and Design ArtistJoseph Arvin S. Cruz

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Introduction ................................................................................................ ix

Preface ......................................................................................................... xi

Foreword .................................................................................................. xiii

Acknowledgment ....................................................................................... vi

I. NATURE OF THE OFFICE OF THE EXECUTIVE JUDGE .......... 1

II. GENERAL POWERS, PREROGATIVES AND DUTIES OFEXECUTIVE JUDGES ......................................................................... 2

III. SPECIFIC POWERS, PREROGATIVES AND DUTIES OFEXECUTIVE JUDGES IN JUDICIAL SUPERVISION

ASSIGNMENT AND DISTRIBUTION OF CASES

A. Raffle of Cases ........................................................................ 2

1. Constitution of the Raffle Committee ................................ 2

2. Procedure in the Raffle of Cases ........................................ 3

3. Cases/Matters for Raffle ................................................... 5

4. Exclusion of Vacant Branches from Raffle ......................... 7

5. Raffle of Cases Involving the Issuance of TemporaryRestraining Orders ............................................................ 8

6. Special Raffle .................................................................... 8

7. Specific Guidelines on Raffle of Cases Falling withinthe Jurisdiction of Special Courts

a) Cases Falling within the Jurisdiction of theFamily Courts ............................................................ 9

b) Cases Cognizable by Drug Courts ............................... 11

c) Cases Cognizable by the Special Commercial Courts ...... 14

d) Cases falling within the Original and ExclusiveJurisdiction of Regional Trial Courts designatedas Special Agrarian Courts ......................................... 15

e) Petitions for Inclusion or Exclusion of Voters andAppeals in these Cases ................................................. 15


Table of Contents

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f) Election Protests and Petitions for Quo Warranto

1) Involving Elective Municipal Officials ......................17

2) Involving Elective Barangay Officials ...................... 18

g) Cases Involving Killings of Political Activists andMembers of the Media ........................................................ 18

h) Environmental Cases ..........................................................19

8. Raffle of Cases to Newly-Created and Organized Branches ..........20

B. Consolidation of Cases ..................................................................... 20

C. Disqualification and Inhibition ....................................................... 20

1. Judges in Regular Courts ......................................................... 20

2. Judges in Special Courts .......................................................... 21

3. Procedure In Case of Conflict of Opinion on Proprietyof Inhibition ........................................................................... 23

D. Designation of Judges of the First Level Courts to Try Cases ........... 23

IV. CIVIL CASES

A. Upon Filing of Initiatory Pleading ...................................................24

B. Refund of Filing Fees ....................................................................... 24

C. Exemption from Payment of Docket Fee ...........................................24

D. Application for Temporary Restraining Order ...................................27

1. Commentary .............................................................................. 27

2. Reminders ................................................................................ 31

V. CRIMINAL CASES

A. Guidelines Concerning Bail ............................................................ 36

B. Guidelines Concerning Search Warrant .......................................... 41

C. Guidelines on Night Court Sessions of MeTCs and MTCCs ................ 45

D. Guidelines on Jail Visitation and Inspection .................................... 46

E. Guidelines on the Procedure for Collection of Docket Fees inB.P. 22 and Estafa Cases and other Criminal Cases; Actionsto be taken for Non-Payment Thereof .............................................. 47

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VI. SPECIFIC POWERS, PREROGATIVES AND DUTIES OFEXECUTIVE JUDGES IN COURT-ANNEXED MEDIATIONAND OTHER ADR MECHANISMS

A. Background and Salient Features ............................................. 50

B. Roles and Functions of Executive Judges inCourt-Annexed Mediation and Other ADR Processes ................. 51

VII. SPECIFIC POWERS, PREROGATIVES AND DUTIESOF EXECUTIVE JUDGES IN EXTRA-JUDICIALFORECLOSURE OF MORTGAGE

A. Real Estate Mortgages under Act 3135 (1924), as amended ......... 54

B. Chattel Mortgage under Act 1508, as amended .......................... 55

C. Applications for Extra-Judicial Foreclosure of Mortgage .............. 56

D. Duties of the Clerk of Court ..................................................... 56

E. Assignment by Raffle ................................................................ 57

F. Notice of Extra-judicial Sale ..................................................... 58

G. Conduct of Extra-judicial Foreclosure Sale ................................ 59

H. Collection of Fees ..................................................................... 60

I. Report of Sheriff/Notary Public ................................................. 60

J. Certificate of Sale ..................................................................... 60

K. Records of Sale ......................................................................... 60

VIII. SPECIFIC POWERS, PREROGATIVES AND DUTIESOF EXECUTIVE JUDGES IN PERSONNEL ADMINISTRATION

A. Flag-Raising and Flag-Lowering Ceremonies ............................. 61

B. Compliance by Court Employees with the Guidelines on theWearing of Prescribed Office Uniforms ..................................... 62

C. Concerns of Judges .................................................................... 63

D. Administrative Discipline ..........................................................63

E. Constitution of OCA Performance EvaluationReview Committee (PERC) in the Lower Courts ........................ 65

F. Grievance Machinery for the Lower Courts pursuantto OCA Circular No. 03-2006, January 5, 2006 ......................... 65

G. Committee on Decorum and Investigation .................................. 65

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IX. SPECIFIC POWERS, PREROGATIVES AND DUTIES OFEXECUTIVE JUDGES ON FINANCIAL MANAGEMENT

A. Legal Fees and Guidelines on the Allocation of Legal Fees ................ 65

B. Reporting of Court Collections ........................................................ 66

C. Financial Audit of Court Collections ................................................ 66

X. SPECIFIC POWERS, PREROGATIVES AND DUTIES OFEXECUTIVE JUDGES ON NOTARIES PUBLIC

Appointment and Supervision of Notaries Public ................................... 66

XI. SPECIFIC DUTIES OF EXECUTIVE JUDGES ONACCREDITATION OF NEWSPAPERS AND PERIODICALS

A. Guidelines on the Accreditation of Newspapers and PeriodicalsSeeking to Publish Judicial and Legal Notices andOther Similar Announcements and in the Raffle Thereof .................. 67

B. Accreditation of Two or More Newspapers of the Same Owneris not allowed ................................................................................. 67

C. Clarification of the Guidelines on the Accreditation of Newspapersand Periodicals .............................................................................. 67

XII. SPECIFIC DUTIES OF EXECUTIVE JUDGES ONACCREDITATION OF BONDING COMPANIES .............................. 68

XIII. SPECIFIC DUTIES OF EXECUTIVE JUDGES ONCOURT PROPERTY AND OTHER MATTERS

A. Monthly Submission of Inventory Report and Submissionof Estimated Consumption of Office Supplies .................................... 69

B. Physical Inventory of Court Issued Properties ................................. 69

C. Distribution and Dissemination of Court Issuances .......................... 69

D. Sale of Disposed Court Records, Papers and Exhibits ....................... 69

E. Use of Court Libraries ....................................................................69

F. Halls of Justice and Courthouses .................................................... 69

G. Posting of Guidelines on the Solemnization of Marriage ................... 70

H. Bar Relations ................................................................................ 70

I. Annual Report ............................................................................... 70

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XIV. ANNEXES

Annex “A” - A.M. No. 03-8-02-SC (Guidelines on the Selection andDesignation of Executive Judges and Defining their Powers,Prerogatives and Duties) .......................................................... 71

Annex “B” - Circular No. 7 dated June 3, 1986 (relating to theprovisions of Circular No. 7 dated September 23, 1974on the Pairing System) .............................................................. 102

Annex “C” - Administrative Order No. 134-92 (Pairing System forSingle Sala Stations) ................................................................. 103

Annex “C-1” - Administrative Order No. 19-97 (Amendment of AdministrativeOrder No. 134-92) ................................................................... 105

Annex “D” - Circular No. 19-98 (Expanded Authority of Pairing Courts) ....... 107

Annex “E” - OCA Circular No.. 03-2006 (Grievance Machinery for LowerCourts) .................................................................................. 108

Annex “F” - A.M. 03-03-13-SC (Committee on Decorum and Investigation) ..... 120

Annex “G” - 2004 Rules on Notarial Practice .............................................. 127

Annex “G-1” - Memorandum of Agreement on the 2004 Rules onNotarial Practice .................................................................... 146

Annex “H” - A.M. No. 01-1-07-SC (Guidelines in Accreditation ofNewspapers and Periodicals Seeking to Publish Judicialand Legal Notices and Other Similar Announcements and inthe Raffle Thereof) .................................................................. 148

Annex “I” - OCA Circular No. 78-2005 (Implementing A.M. 01-1-07-SC) ...... 153

Annex “J” - A.M. No. 04-7-02-SC (Guidelines on Corporate Surety Bonds) ....155

Annex “K” - Administrative Order No. 120-2007 (Guidelines in the Disposaland/or Destruction of Court Records, Papers and Exhibits) ....... 166

Annex “L” - A.M. No. 07-3-02-SC (Guidelines on theJail Visitation and Inspection) ........................................... 169

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IntroductionIntroductionIntroductionIntroductionIntroduction

Executive Judges exercise administrative supervision over judgesand court personnel within their territorial jurisdiction and derive theirpowers and prerogatives through delegation by the Supreme Court. Theyplay a very important role in the management of the day-to-dayproceedings of the courts. However, with the issuance of voluminousresolutions, administrative orders and circulars of the Court, it is verydifficult for Executive Judges to keep abreast with policies, norms andguidelines on court management, personnel administration, financialoperations and other tasks expected from them. The need for a handyand easy reference material is thus, apparent, hence, the PhilippineJudicial Academy (PHILJA), through its Academic Council, constituteda Committee tasked to develop a Manual for Executive Judges.

The Committee compiled all pertinent issuances and the latestjurisprudence of the Supreme Court, with practical guidelines andcommentaries, to assist Executive Judges in the discharge of theiradministrative functions.

It is hoped that this Manual would be used to improve themanagement of the courts and supervision of judges as well as courtpersonnel within their jurisdiction for the speedy delivery andadministration of justice.

Justice ALFREDO L. BENIPAYO (ret.) Chair, Department of Remedial Law, PHILJA

Project Director

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PrefacePrefacePrefacePrefacePrefaceSince 1996, the Philippine Judicial Academy (PHILJA) has been

conducting seminars for Executive Judges. From 1996, it has held 18training programs and has trained approximately 763 Executive Judgesnationwide.

The Academy recognizes the important role the Executive Judgesplay in the delivery of justice to the people. They exercise administrativesupervision over judges of the first and second level courts within theirterritorial jurisdiction, deriving their powers and prerogatives throughdelegation by the Supreme Court.

Thus, it is with a sense of accomplishment that the Academypresents the Manual for Executive Judges.

We acknowledge the following authors who provided time, effortand expertise in developing this Manual: Court Administrator Jose P.Perez and ACA Thelma C. Bahia, were in charge of culling voluminousresolutions, administrative orders and circulars of the Court; JudgeThelma A. Ponferrada and Judge Myra G. Fernandez, representing thetrial courts, were responsible for citing pertinent provisions of the Rulesof Court in civil and criminal cases; and DCA Bernardo T. Ponferrada(ret.) took charge of Court-Annexed Mediation and other ADRMechanisms. The Project Director is Justice Alfredo L. Benipayo (ret.)who also heads PHILJA’s Department of Remedial Law. We also thankProfessor Myrna S. Feliciano, the Editor, and Justice Marina L. Buzon(ret.), PHILJA Executive Secretary, the Assistant Editor.

The Manual has been arranged chronologically. It defines the roleof Executive Judges from the assignment and distribution of cases toother functions being performed by them. Along with the compilation ofissuances of the Court are annotations and commentaries by the authors,providing practical insights on how particular scenarios and grey areascould be best dealt with.

The Academy extends its sincere appreciation to the U.S. Agencyfor International Development (USAID) and the American BarAssociation – Rule of Law Initiative (ABA-ROLI), through its CountryRepresentative, Mr. Scott P. Cimentt, Esq., for their continued supportand cooperation.

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We trust that with the publication of this Manual, ExecutiveJudges will be properly guided in the management of the courts to ensurethe efficient and effective administration of justice.

AMEURFINA A. MELENCIO HERRERA Chancellor

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ForewordForewordForewordForewordForewordUnited States President William Howard Taft once said “It is well

that judges should be clothed in robes, not only, that they who witnessthe administration of justice should be properly advised that thefunction performed is one different from, and higher, than that which aman discharges as a citizen in the ordinary walks of life; but also, in orderto impress the judge himself with the constant consciousness that he is ahigh priest in the temple of justice and is surrounded with obligations ofa sacred character that he cannot escape and that require his utmostcare, attention and self-suppression.”

Undeniably, the public’s expectations of judges are very high.Judges are revered and accorded great respect by our people as theycarry out a profession entirely dedicated to public service and integrity.Notwithstanding this colossal responsibility, executive judges, who takecharge of the administrative work of the Supreme Court in all first andsecond level courts, are also given additional tasks that are crucial to theadministration of justice. Together with their duties of adjudication,executive judges are also bound to execute several duties ofadministration. Though this assignment is essentially an added burden,executive judges are consequently accorded a great opportunity to have amore active hand in the turning of the wheels of justice.

Due to the arduous and focal nature of this obligation, our executivejudges need guidance and a strict set of standards. Though thesestandards are embodied in several circulars, memoranda, Court issuances,and statutes, the schedules of our executive judges are so hectic that theymay sometimes lack the time to browse through all of these guidelines intheir separate forms. Certainly, a manual which collates all relevantmaterials which an executive judge needs to know is highly necessary.

Realizing the need for such guide, the Philippine JudicialAcademy (PHILJA), through its Committee on the Development of aManual for Executive Judges chaired by Justice Alfredo L. Benipayo andwith support from the American Bar Association Rule of Law Initiative(ABA-ROLI), has assiduously produced this Manual for Executive Judges.This manual, in its entirety, successfully provides a support for theadministrative tasks of our executive judges and steers them towards adirection of sound decisions and correct dispositions.

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We welcome this extremely constructive endeavor and lookforward to see its effects on the administration of justice. We believethis Manual will principally aid our executive judges in carrying outtheir responsibilities with efficiency and with a renewed sense of thesignificance of their duty.

Hon. REYNATO S. PUNO Chief Justice

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AcknowledgmentAcknowledgmentAcknowledgmentAcknowledgmentAcknowledgment

The American Bar Association - Rule of Law Initiative (ABA-ROLI) worksthroughout the world to promote the education and professional capacityof judges, lawyers and court personnel. These efforts are designed tostrenghten the rule of law and to enhance public confidence in thejudiciary. Helping Executive Judges take charge of the administrativework of the Supreme Court in all first and second level courts is a keycomponent of our court management support activities. To develop thisManual for Executive Judges, ABA-ROLI collaborated with the PhilippineJudicial Academy (PHILJA). ABA-ROLI and PHILJA hope that thismanual will guide executive judges thoughout the country in the dischargeof their professional duties and responsibilities making them moreeffective court managers in their respective judicial regions.

ABA-ROLI wishes to acknowledge and thank the members of the workingcommittee, chaired by Alfredo Benipayo, Project Director. The writersincluded DCA Bernardo T. Ponferrada, CA Jose P. Perez, Judge ThelmaA. Ponferrada, Judge Myra G. Fernandez and ACA Thelma C. Bahia, withProf. Myrna S. Feliciano as editor and Justice Marina L. Buzon as assistanteditor. We would like to extend our thanks to the staff of PHILJA, mostespecially to its Chancellor, Justice Ameurfina A. Melencio Herrera, aswell as the other support staff of the project team. ABA-ROLI also wishesto acknowledge the financial support of the U.S. Agency for InternationalDevelopment (USAID).

Mr. SCOTT P. CIMENT, Esq. Country Director

American Bar Association-Rule of Law Initiative Manila, Philippines

This publication was made possible though support provided by the U.S. Agency for InternationalDevelopment Philippines Mission, under the terms of the Cooperative Agreement No. 492-A-00-03-00018-00. The opinions expressed herein are those of the author(s) and do not necessarily reflect theview of the U.S. Agency for International Development.

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I. NATURE OF THE OFFICE OF THE EXECUTIVE JUDGE

Executive Judges take charge of the administrative work of the SupremeCourt in all first and second level courts, and derive their powers andprerogatives through delegation by the Supreme Court. (A.M. No. 03-8-02-SC, effective February 15, 2004, Chapter I, Sec. 1)

II. GENERAL POWERS, PREROGATIVES AND DUTIES OF EXECUTIVEJUDGES

Executive Judges shall, within their respective areas of administrativesupervision:

a) Provide leadership in, and coordinate with, the management of thefirst and second level courts;

b) Exercise supervision over the judges and personnel;

c) Balance the workload among the courts and maintain equitabledistribution of cases in accordance with relevant existing issuances;

d) Recommend and implement policies concerning court operations;

e) Identify, address and resolve problems in court administration whichdo not require any intervention by the Supreme Court or CourtAdministrator;

f) Direct, through the Clerk of Court, the undertaking of staff supportactivities to improve judiciary services in accordance with relevantexisting issuances;

g) Initiate, propose and supervise the implementation of professionaldevelopment programs for judicial personnel that the PhilippineJudicial Academy, in coordination with the Office of the CourtAdministrator, may undertake;

h) Exercise such other powers and prerogatives as may be necessaryor incidental to the performance of their functions in relation to courtadministration; and

i) Perform such other functions and duties as may be assigned by theSupreme Court or the Court Administrator.

(A.M. No.03-8-02-SC, effective February 15, 2004, Chapter IV, Sec. 1)

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III. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF EXECUTIVEJUDGES IN JUDICIAL SUPERVISION

ASSIGNMENT AND DISTRIBUTION OF CASES

A. Raffle of Cases

All cases filed with the first and second level courts in stations with twoor more branches shall be assigned or distributed to the differentbranches by raffle. No case shall be assigned to any branch of a multiple-branch court without being raffled. Raffle of cases shall be regularlyconducted at two o’clock in the afternoon every Monday and/or Thursdayas warranted by the number of cases to be raffled. (A.M. No. 03-8-02-SC, effective February 15, 2004, Chapter V, Section 2)

The raffle of cases is vital to the administration of justice because it isintended to ensure impartial adjudication of cases and to obviate publicsuspicion regarding assignment of cases to predetermined judges. (A.M.No. RTJ-00-1545, August 6, 2003)

Supervision over the raffling of cases is the personal duty andresponsibility of the Executive Judge. (A.M. RTJ-99-1485, October 11,2001)

1. Constitution of the Raffle Committee

The Executive Judge shall constitute the Raffle Committee andshall personally supervise the raffle and assignment of cases.All members of the Raffle Committee must be personally presentbefore the Committee can transact business. No delegation toany personnel shall be made by any member of the RaffleCommittee.

In two-branch courts, the Raffle Committee shall be composedof the Executive Judge and the Presiding Judge of the otherbranch.

In multiple-branch courts, the Raffle Committee shall becomposed of the Executive Judge, the Vice-Executive Judgesand two (2) other judges designated by the Executive Judge.The designation shall be effected strictly on rotation basis. Shouldany of the judges designated as member of the Raffle Committeebe absent, the pairing judge shall personally attend the raffle.

In both instances, the Raffle Committee shall be assisted by theClerk of Court and two (2) stenographers. (A.M. No. 03-8-02-SC, effective February 15, 2004, Chapter V, Section 3)

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2. Procedure in the Raffle of Cases

The following procedure shall be observed in the conduct ofthe raffle of cases:

a) Notice of day and hour of the raffle. – Notice of the day andhour of the raffle shall be posted prominently: (1) on thebulletin boards of the Hall of Justice or courthouse; (2) at aconspicuous place at the main door of the session hall of theExecutive Judge; and (3) on the bulletin board of the Officeof the Clerk of Court.

b) Filing of cases with the Office of the Clerk of Court. – Uponits filing, the case shall be immediately encoded in the standbydiskette prepared for cases to be raffled to avoid delay in thepreparation of the raffle list.

c) Listing of cases. – The cut-off period for the inclusion ofcases in the list shall be twelve o’clock noon of the day offiling to allow sufficient time for the preparation of a completeraffle list for posting and distribution of copies to all judgesbefore the raffle. The Clerk of Court shall furnish each judgein the court with a copy of the raffle list at least thirty (30)minutes before the scheduled raffle.

The list of cases to be raffled shall be arranged according tothe sequence of the docket numbers.

There shall be a list for criminal cases and another for civilcases.

The list of criminal cases shall first enumerate thoseexclusively cognizable by family courts, special courts fordrug cases, special commercial courts and other specialcourts in that order.

The list of civil cases shall first enumerate the casescognizable by the courts designated as family courts, followedby those cognizable by special commercial courts, and otherspecial courts.

The raffle list shall be prominently posted: (1) at the mainentrance of the session hall of the Executive Judge; and (2)on the bulletin board of the Office of the Clerk of Court.

d) Conduct of the raffle. – The raffle shall be undertaken withthe use of a roulette or, if it is not available, a bingo tambiolo,in open court in the presence of lawyers and the public. The

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raffle shall be conducted at the lawyers’ table by the ExecutiveJudge personally and with the attendance of the members ofthe Raffle Committee. Under no circumstance shall any rafflebe made in chambers.

The members of the Raffle Committee shall each confirm inopen court the branch to which a case is raffled before thenext draw is made.

The two (2) stenographers shall record accurately the raffleproceedings and shall state in the minutes thereof, amongother things, the names of all those required to be presentand the parties attending, if any. The stenographers shallimmediately, but not later than twenty-four (24) hoursthereafter, transcribe, duly accomplish and sign the minutesof the raffle proceedings.

e) Indication of case assignment. – Immediately after the raffleof each case, the Executive Judge shall indicate the particularbranch to which the case is assigned, the same to be writtenin words and in figures on the upper left hand corner of thefirst page of the original complaint or information and initialledby the Executive Judge and all members of the RaffleCommittee.

f) Verification of accuracy of assignment of cases. – Every judgesitting in the Raffle Committee shall then initial on the upperleft hand corner of the first page of the pleading, but onlyafter a thorough verification of the accuracy of the assignmentof the cases to the branches drawn in the raffle. TheExecutive Judge shall be the last to initial as herein requiredand only after proper verification of the accuracy of the entriesin the minutes.

g) Review and countercheck of entries in the minutes. – Judgessitting in the Raffle Committee shall review the entries in theminutes and countercheck the same with their own entriesin their list before signing on every page thereof. They shallnot affix their signatures thereon unless they have thoroughlyverified the accuracy of the entries in the minutes.

h) Immediate distribution of records of raffled cases. – After theraffle, the Clerk of Court shall distribute the case records tothe branches to which the cases have been raffled within areasonable time but not later than the following day.

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i) Posting and distribution of copies of the minutes. – A copy ofthe minutes of the raffle proceedings showing the casenumbers and the branches to which they have been assigned,duly certified by the Executive Judge and signed by themembers of the Raffle Committee, shall immediately beposted on the bulletin boards of the Executive Judge and theClerk of Court. Each branch of the court shall be furnishedwith copies of the minutes. A copy of the minutes shall alsobe sent to the Court Management Office of the Office of theCourt Administrator.

(A.M. No. 03-8-02-SC, effective February 15, 2004, ChapterV, Section 4)

3. Cases/Matters for Raffle

a) Newly Filed Cases

Newly filed cases refer to cases which have never beenassigned by raffle to any branch of the same multi-branchcourt level.

b) Unloaded Cases, if authorized

Cases where trial has begun before Special Courts shall notbe unloaded. The trial of a civil case is considered to havealready begun when the pre-trial had already been conductedand a pre-trial order issued. The trial of a criminal case isconsidered to have already begun when the accused or anyof them had already been arraigned. (Administrative CircularNo. 3-94, January 26, 1994; A.M. No. 99-11-07, February 1,2000; A.M. No. 00-8-01-SC, August 1, 2000)

c) Cases where the Assigned Judge Inhibited or wasDisqualified

The inhibition and disqualification of judges are judicial actionswhich do not require prior approval of the Executive Judge.(Circular No. 7, November 10, 1980; Administrative CircularNo. 1, January 28, 1988)

d) Applications for Solemnization of Marriage

Requests for solemnization of marriages submitted to firstand second level courts in stations with two or more branchesshall be governed by the rules and procedures in the raffle ofcases. Raffle of requests shall be effected upon payment ofappropriate legal fees. (Administrative Order No. 125-2007,August 1, 2007; OCA Circular No. 87-2008, September. 8,2008)

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e) Judicial or Legal Notices for Publication

Section 1 of Presidential Decree No. 1079 (1977) on therequirement of publication of judicial notices provides:

“All notices of auction sales in extrajudicial foreclosure ofreal estate mortgage under Act No. 3135, as amended,judicial notices such as notices of sale on execution ofreal properties, notices in special proceedings, courtorders and summonses, and all similar announcementsarising from court litigation required by law to be publishedin a newspaper or periodical of general circulation inparticular provinces and/or cities, shall be published innewspapers or publications published, edited andcirculated in the same city and/or province where therequirement of general circulation applies; Provided, Thatthe province or city where the publication’s principal officeis located shall be considered the place where it is editedand published; Provided further, That in the event thereis no newspaper or periodical published in the locality,the same may be published in the newspaper or periodicalpublished, edited and circulated in the nearest city orprovince; Provided finally, That no newspaper or periodicalwhich has not been authorized by law to publish andwhich has not been regularly published for at least oneyear before the date of publication of the notices orannouncements which may be assigned to it shall bequalified to publish the said notices.”

Section 2 of Presidential Decree No. 1079 (1977) on therequirement of raffle of judicial notices for publication provides:

“The executive judge of the Regional Trial Court shalldesignate a regular working day and a definite time eachweek during which the said judicial notices oradvertisements shall be distributed personally by him forpublication to qualified newspapers or periodicals asdefined in the preceding section, which distribution shallbe done by raffle; Provided, That should thecircumstances require that another day be set for thepurpose, he shall notify in writing the editors andpublishers concerned at least three (3) days in advanceof the designated date; Provided, further, That thedistribution of the said notices by raffle shall be dispensedwith in case only one newspaper or periodical is inoperation in particular province or city.”

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All notices, announcements and advertisements subjecthereof shall be distributed for publication to accreditednewspapers or periodicals by raffle. No such notices,announcements and advertisements may be assigned forpublication without being raffled. (A.M. No. 01-1-07-SC datedOctober 16, 2001, Sec. 10, first paragraph; Circular No. 78-2005, July 29, 2005)

The raffle of judicial or legal notices for publication shall beincluded in the regular raffle of cases, provided that specialraffles may be conducted for notices that need to be publishedbefore the regular raffle could be conducted. (A.M. No. 01-1-07-SC, October 16, 2001, Sec. 10, 2nd paragraph; CircularNo. 78-2005, July 29, 2005)

To forestall complaints from publishers of newspapersrelative to the participation of publications not qualified topublish judicial notices and other similar announcements inthe distribution by raffle of the said notices and to prevent thecommission of any irregularity, unnecessary commercialismand unfair competition among community newspapers, allExecutive Judges concerned should strictly comply withPresidential Decree No. 1079 (1977). (Circular No. 5-98,January 12, 1998)

f) Applications for Extra Judicial Foreclosure of Mortgage

The Executive Judge shall, with the assistance of the Clerkof Court and Ex- Officio Sheriff, raffle extra-judicial foreclosuresales cases among all sheriffs including those assigned tothe Office of the Clerk of Court, and Sheriffs IV assigned inthe branches. (Administrative Order No. 3, October 19, 1984,as amended by Administrative Circular No. 3-98, February5, 1998).

The Executive Judge shall supervise the raffle with theassistance of the Clerk of Court. A sheriff to whom the casehas been raffled shall be excluded in the succeeding rafflesand shall participate again only after all other sheriffs shallhave been raffled a case each (Administrative Circular No.3-98, February 5, 1998).

4. Exclusion of Vacant Branches from Raffle

All vacant branches without regular judges shall be excluded fromthe raffle. However, once the vacancies are filled, the Executive Judgeshall ensure that newly-filed cases shall be raffled to all the branches

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on a 6:2:1 ratio as follows: six (6) newly-filed cases to each of thenewly-filled branches; two (2) newly-filed cases to the existing branchor branches; and one (1) newly-filed case to the branch of theExecutive Judge, until such time when the newly-filled branches inthe station shall have been assigned such number of cases as willbe equivalent to the number of cases raffled to the other branchesduring the period of vacancy. (A.M. No. 03-8-02-SC, effectiveFebruary 15, 2004, Chapter V, Section 5)

5. Raffle of Cases Involving the Issuance of Temporary RestrainingOrders

When an application for a writ of preliminary injunction or a temporaryrestraining order is included in a complaint or any initiatory pleading,the case, if filed in a multiple-branch court, shall be raffled only afternotice to the adverse party or the person to be enjoined. In anyevent, such notice shall be preceded, or contemporaneouslyaccompanied, by service of summons, together with a copy of thecomplaint or initiatory pleading and the applicant’s affidavit, upon theadverse party in the Philippines. (1997 Rules of Civil Procedure,Rule 58, Sec. 4 [c]; A.M. No. 03-8-02-SC, effective February 15,2004, Chapter V, Section 7)

However, where the summons could not be served personally or bysubstituted service despite diligent efforts, or the adverse party is aresident of the Philippines temporarily absent therefrom or is a non-resident thereof, the requirement of prior or contemporaneous serviceof summons shall not apply. (1997 Rules of Civil Procedure, Rule58, Sec. 4 [c])

The records shall be transmitted immediately to the branch selectedby raffle. (1997 Rules of Civil Procedure, Rule 58, Sec. 4 [d]; A.M.No. 03-8-02-SC, effective February 15, 2004, Chapter V, Section 7)

6. Special Raffle

As a rule, there shall be no special raffle of any case except in petitionsfor writ of habeas corpus, applications for bail in cases where thecomplaint or information has not yet been filed with the court,applications for the issuance of a temporary restraining order (TRO),cases involving foreign tourists, cases with motions for special raffleaccompanied by a motion for reduction of bail, applications for theissuance of search warrants, applications for protection order,petitions for writ of amparo and petitions for writ of habeas data.

The special raffle shall be conducted upon written application of aparty. A certification granting or denying the application and citing

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the reason/s therefor shall be issued accordingly. Such certificationshall be attached to the record of the case or expediente immediatelyand shall form part of the record of the case. For expediency, theExecutive Judge shall be allowed to write the action on the applicationif there are no other reasons aside from those mentioned in theapplication.

If the application is granted, the special raffle shall be held in thesession hall of the Executive Judge in the presence of the membersof the Raffle Committee scheduled to sit on the date of raffle, or, ifnot available, the members of the Raffle Committee of the next regularraffle. The phrase “special raffle” shall be written on the upper left-hand corner of the complaint or information in the same manner asin regular raffle. A certification to the effect that a special raffle wasduly held and that the case was assigned to the branch drawn in theprocess shall be issued and signed by all the members of the RaffleCommittee.

The date and time of the raffle shall be written on the front cover ofthe record of the case or expediente and on the first page of theinitial pleading and signed by the members of the Raffle Committee.

In the preparation of the list of cases to be included in the next regularraffle, the Clerk of Court shall include the cases specially raffledprior to the scheduled regular raffle, indicating therein the branch towhich these cases have been assigned. Except as stated above,all other procedures outlined above shall be observed.

If the application for special raffle is denied, the case shall be includedin the list of cases for the next regular raffle. (A.M. No. 03-8-02-SC,effective February 15, 2004, Chapter V, Section 6)

7. Specific Guidelines on Raffle of Cases Falling within the Jurisdictionof Special Courts:

a) Cases Falling within the Jurisdiction of the Family Courts

Under Section 5 of Republic Act No. 8369, otherwise known as theFamily Courts Act of 1997, Family Courts shall exclusively try anddecide the following cases:

1) Criminal cases where one or more of the accused is beloweighteen (18) years of age but not less than nine (9) years ofage, or where one or more of the victims is a minor at thetime of the commission of the offense;

2) Petitions for guardianship, custody of children, habeas corpusin relation to the latter;

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3) Petitions for adoption of children and the revocation thereof;

4) Complaints for annulment of marriage, declaration of nullityof marriage and those relating to marital status and propertyrelations of husband and wife or those living together underdifferent status and agreements, and petitions for dissolutionof conjugal partnership of gains;

5) Petitions for support and/or acknowledgment;

6) Summary judicial proceedings brought under the provisionsof Executive Order No. 209, otherwise known as the FamilyCode of the Philippines;

7) Petitions for declaration of status of children as abandoned,dependent or neglected children, petitions for voluntary orinvoluntary commitment of children, suspension, terminationor restoration of parental authority and other casescognizable under Presidential Decree No. 603, ExecutiveOrder No. 56 (series of 1986), and other related laws;

8) Petitions for the constitution of the family home;

9) Cases against minors under the Dangerous Drugs Act, asamended;

10) Violations of Republic Act No. 7610 otherwise known as theSpecial Protection of Children Against Child Abuse,Exploitation and Discrimination Act, as amended by RepublicAct No. 7658;

11) Cases of Domestic Violence against -

a) Women – which are acts of gender-based violence thatresult, or are likely to result in physical, sexual orpsychological harm or suffering to women, and otherforms of physical abuse such as battering or threats andcoercion which violate a woman’s personhood, integrityand freedom of movement; and

b) Children – which include the commission of all forms ofabuse, neglect, cruelty, exploitation, violence anddiscrimination and all other conditions prejudicial to theirdevelopment.

If any question involving any of the above matters should ariseas an incident in any case pending in the regular courts, saidincident shall be determined in that court.

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In stations where no branches of the Regional Trial Court aredesignated as Family Courts, the cases falling within thejurisdiction of the Family Courts shall be raffled among thebranches of the Regional Trial Court within the same station whichshall try and decide such cases according to existing issuances.(OCA Circular No. 96-2003, July 31, 2003)

However, the branches of the Regional Trial Court in thesestations which have previously been designated to try and decidejuvenile and domestic relations cases and cases involvingyouthful offenders shall continue to take cognizance of suchcases. (A.M. No. 99-11-07-SC, February 1, 2000, Sec. 1)

Additional cases other than those provided in Section 5 may beassigned to Family Courts when their dockets permit; Provided,that such additional cases shall not be heard on the same dayfamily cases are heard. (Republic Act No. 8369 [1997], Sec. 17)

b) Cases Cognizable by Drug Courts

1) Only courts designated by the Supreme Court as a specialcourt for drugs cases can take cognizance of violations ofRepublic Act No. 9165. (Republic Act No. 9165 [2002], Sec.90; A.M. No. 05-9-03-SC, October 11, 2005, paragraph no.1; OCA Circular No. 112-2005, October 25, 2005)

2) While special courts for drugs cases are not prohibited fromhearing non-drug related cases. Executive Judges shallcontinue to exempt them from the regular and special raffleof cases “including applications for bail, writs and processes”which do not involve violations of Republic Act No. 9165, untilfurther orders from the Supreme Court. (A.M. No. 05-9-03-SC, October 11, 2005, paragraph no. 3; OCA Circular No.112-2005, October 25, 2005)

3) If, in the opinion of the Executive Judge, the caseload of certaindrug courts allows their inclusion in the regular raffle withoutadversely affecting their ability to expeditiously resolve thedrugs cases assigned to them and their inclusion in the regularraffle becomes necessary to decongest the caseload ofother branches, the concerned Executive Judges shallrecommend to the Supreme Court the inclusion of drugcourts in their jurisdiction in the regular raffle. The concerneddrug courts shall remain exempt from the regular raffle untilthe recommendation is approved. (A.M. No. 05-9-03-SC,October 11, 2005, paragraph no. 4; OCA Circular No. 112-2005, October 25, 2005)

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4) The branches designated as Special Courts for drugs casesshall continue to perform their functions as such even afterthe retirement, transfer or detail of the incumbent judgesappointed or designated to preside over them. Theirsuccessors, whether permanent or temporary, shall act asPresiding Judges of these special courts unless the SupremeCourt directs otherwise. (A.M. No. 00-08-01-SC, August 1,2000)

5) Disposition of Dangerous Drugs which are under preliminaryinvestigation or reinvestigation pursuant to court order.

a) Upon the receipt of the final certification of the forensiclaboratory examination results issued by the governmentforensic laboratory, pursuant to Section 21 of RepublicAct No. 9165 and Section 4 of Board Regulation No. 1,Series of 2002, the Philippine Drug Enforcement Agency(PDEA) may file a petition for the immediate destructionof the confiscated, seized and/or surrendered dangerousdrugs, plant sources of dangerous drugs, controlledprecursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment with theRegional Trial Court presided by the Executive Judge ofthe province or city where the confiscation, seizure and/or surrender took place. If the confiscation, seizure orsurrender was by virtue of a search warrant, theappropriate motion shall be filed with the Court whichissued the said search warrant. In both instances, thepetition or motion shall be filed with the prior writtenconformity of the Provincial or City Prosecutor which shallbe indicated with the pleading. The trial court where thecriminal case is subsequently filed shall take judicial noticeof the proceedings thereof. (Dangerous Drugs BoardRegulation No. 1, Series of 2007, Sec. 3 [a])

b) After the filing of the petition or motion, as the case maybe, the Court shall, within seventy-two hours, conductan ocular inspection of the confiscated, seized, and/orsurrendered dangerous drugs, plant sources ofdangerous drugs, controlled precursors and essentialchemicals, instruments/paraphernalia, and/or laboratoryequipment. (Dangerous Drugs Board Regulation No. 1,Series of 2007, Section 3 [b])

c) Within twenty-four hours after the Court inspection, theCourt through the PDEA shall proceed with the

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destruction or burning or disposal of subject items in thepresence of the accused or person/s from whom suchitems were confiscated and/or seized, or hisrepresentative or counsel, a representative from themedia and the Department of Justice (DOJ), civil societygroups and any elected official. (Republic Act No. 9165,Sec. 21 [4]; Dangerous Drugs Board Regulation No. 1,Series of 2007, Sec. 3 [c]; OCA Circular No. 06-2006,January 16, 2006)

d) Prior to their destruction, representative samples ofdangerous drugs, plant sources of dangerous drugs, andcontrolled precursors and essential chemicals shall betaken and duly weighed and recorded by the forensiclaboratory which conducted the examination forpresentation as evidence in the trial court. Maximumquantities of samples to be retained are provided in BoardRegulation No. 1, Series of 2007, issued by theDangerous Drugs Board. (OCA Circular No. 53-2007,May 21, 2007)

6) Procedure on disposition of dangerous drugs when thecriminal case is already filed in court:

a) After the filing of the criminal case, the Court shall, withinseventy-two (72) hours, conduct an ocular inspection ofthe confiscated, seized and/or surrendered dangerousdrugs, plant sources of dangerous drugs, and controlledprecursors and essential chemicals, including theinstruments/paraphernalia and/or laboratory equipment,and through the PDEA shall within twenty-four (24) hoursthereafter proceed with the destruction or burning of thesame, in the presence of the accused or the person/sfrom whom such items were confiscated and/or seized,or his/her representative or counsel, a representative fromthe media and the DOJ, civil society groups and anyelected public official. The Board shall draw up theguidelines on the manner of proper disposition anddestruction of such item/s which shall be borne by theoffender: Provided, That those item/s of lawfulcommerce, as determined by the Board, shall be donated,used or recycled for legitimate purposes: Provided,further, That a representative sample, duly weighed andrecorded, is retained.

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b) The Board shall then issue a sworn certification as to thefact of destruction or burning of the subject item/s which,together with the representative sample/s in the custodyof the PDEA, shall be submitted to the court havingjurisdiction over the case. In all instances, therepresentative sample/s shall be kept to a minimumquantity as determined by the Board.

c) The alleged offender or his/her representative or counselshall be allowed to personally observe all of the aboveproceedings and his/her presence shall not constitutean admission of guilt. In case the said offender or accusedrefuses or fails to appoint a representative after due noticein writing to the accused or his/her counsel within seventy-two (72) hours before the actual burning or destructionof the evidence in question, the Secretary of Justice shallappoint a member of the public attorney’s office torepresent the former. (Sec. 21, [4-6] Republic Act No.9165 and its Implementing Rules and Regulations)

7) Jurisdiction over Drugs Cases involving Minors:

a) As a rule, family courts shall have jurisdiction over drugscases involving minors.

b) In areas where there are no family courts but there arespecial drug courts, the latter shall take jurisdiction overthe case.

c) In areas where both family courts and special drugscourts have been designated, the case shall be assignedor raffled to a family court.

d) In areas where both family courts and special drug courtshave not been designated, the case shall be raffled amongthe branches of the Regional Trial Court within the samestation.

e) In areas where there is only a single-sala Regional TrialCourt, which has been designated either as a family courtor as a special drug court or has not been designated assuch at all, it shall take jurisdiction over the case.(Administrative Circular No. 20-2003, March 19, 2003)

c) Cases Cognizable by the Special Commercial Courts

1) The Special Commercial Courts shall try and decide casesinvolving violations of Intellectual Property Rights which fall

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within their jurisdiction and those cases formerly cognizableby the Securities and Exchange Commission. (OCA CircularNo. 82-2003, June 30, 2003)

It shall also handle violations of intellectual property rightsunder Intellectual Property Code, Republic Act No. 8293.(A.M. No. 03—03-03-SC, June 17, 2003)

2) All cases involving admiralty and maritime laws shall be triedand decided by Special Commercial Courts, except thosewhich have already undergone the pre-trial stage in civil casesand arraignment stage in criminal cases in the ordinary courts,in which case the same shall be retained by the courtpreviously assigned to try them. The unloaded casestransferred to the Special Commercial Courts shall beconsidered as raffled to them to maintain an equal distributionof cases. (OCA Circular No. 50-2005, May 3, 2005)

3) In order to ensure a just and equitable distribution of cases,the designated Special Commercial Courts shall continue toparticipate in the raffles of other cases; Provided, however,that the Executive Judge concerned shall adopt a procedurewhereby every IP/SEC/Admiralty or Maritime case assignedto a Special Commercial Court should be considered a caseraffled to it and be duly credited to such court. (OCA CircularNo. 82-2003, June 20, 2003)

d) Cases falling within the Original and Exclusive Jurisdiction ofRegional Trial Courts designated as Special Agrarian Courts

1) The Special Agrarian Courts (Regional Trial Courts) shall haveoriginal and exclusive jurisdiction over all petitions for thedetermination of just compensation to land owners, and theprosecution of all criminal offenses under Republic Act No.6657. The Rules of Court shall apply to all proceedings beforethe Special Agrarian Courts, unless modified by the Act(Republic Act No. 6657 [1988], Sec. 57; OCA Circular No.39-2005, May 4, 2005). See also Administrative Circular No.29-2002, July 21, 2002, delineating jurisdiction over agrariandisputes to avoid conflict with the Department of AgrarianReform or the Department of Environment and NaturalResources.

e) Petitions for Inclusion or Exclusion of Voters and Appeals in theseCases

1) The salas of Executive Judges of Metropolitan Trial Courts

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and Municipal Trial Courts in Cities, and the Municipal TrialCourts and Municipal Circuit Trial Courts are designated asspecial courts to exclusively hear and decide petitions forinclusion or exclusion of voters. The salas of ExecutiveJudges of Regional Trial Courts are likewise designated asspecial courts in multiple-sala stations to take cognizance ofappeals from said cases. (Administrative Circular No. 59-2003, November 5, 2003)

2) In case there is a need for an additional branch in multiple-sala stations to be designated as such special court becauseof the large number of petitions being filed, the ExecutiveJudges concerned can designate the presiding judges of theirrespective paired courts to help in the disposition of saidcases by dividing the number of inclusion and exclusion casesequally between them. (Administrative Circular No. 59-2003,November 5, 2003)

3) The Executive Judges concerned shall immediately notifythis Court, through the Office of the Court Administrator, oftheir decision to designate another special court and theirjustifications therefor. The Office of the Court Administratorshall revoke the additional designation if it finds the sameunwarranted. (Administrative Circular No. 59-2003,November 5, 2003)

4) The inclusion and exclusion cases assigned to the specialcourts shall be credited to them in the counting of other casesthat should be raffled to them. The Executive Judges may,however, exempt their salas and the other designated specialcourts from the raffle, or limit the number of other cases thatcould be raffled to their salas and to the other special courtsif in their judgment these measures are necessary for theexpeditious disposition of inclusion and exclusion cases.(Administrative Circular No. 59-2003, November 5, 2003)

5) These cases shall be heard and decided without delay. Thedecision shall be rendered within six hours after the hearingand within ten days from the date of its filing in court. Casesappealed to the Regional Trial Court shall be decided withinten days from receipt of the appeal in the Office of the Clerkof Court. In any case, the court shall decide these petitionsnot later than the day before the election, and the decisionrendered thereon shall be immediately final and executory,notwithstanding the provisions of Section 138 on the finalityof decisions. (Sec. 143 of Batas Pambansa Blg. 881, also

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known as Omnibus Election Code of the Philippines;Administrative Circular No. 59-2003, November 5, 2003)

6) Considering that the time limit to decide appealed cases inthe Regional Trial Courts is counted from the time the appealis received in the Office of the Clerk of Court, raffle regardingthese appealed cases is dispensed with. Such appealedcases shall be immediately forwarded to the salas of theExecutive Judges of second level courts which aredesignated as special courts to exclusively decide them.(Administrative Circular No. 59-2003, November 5, 2003)

f) Election Protests and Petitions for Quo Warranto

1) Involving Elective Municipal Officials

Special Courts designated to exclusively and speedily hear,try and decide election protests and petitions for quo warrantoinvolving elective municipal officials within their respectiveterritorial jurisdiction shall continue to be included in the raffleof cases, criminal and civil, provided that the ExecutiveJudges of the RTCs concerned shall exclude the designatedSpecial Courts from such raffle whenever in their judgmentthe caseload of these courts shall prevent them fromconducting the continuous trial of the election contests. Thecases referred herein are limited to election protests andpetitions for quo warranto. All other election related casesshall be raffled among the regular courts in the station.(Administrative Order No. 54-2007, May 11, 2007)

In stations where there is only one (1) branch designated asSpecial Court, the election contest shall be automaticallyassigned to said branch. All single-sala courts are consideredspecial courts. In multiple-sala stations where there are noSpecial Courts for the purpose, the cases shall be raffledamong the regular courts therein. (Administrative Order No.54-2007, May 11, 2007)

The branches thus designated as Special Courts shallcontinue to perform their functions as such even after theretirement, promotion, transfer or detail of the judgesappointed/designated to preside over them. Election contestsfiled after the Special Courts became vacant due to theretirement, promotion, transfer or detail of the presiding/actingjudge shall still be raffled/assigned to the Special Courts. Thejudge designated to preside over the vacant Special Courtshall take cognizance of the cases unless the Supreme Court

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designates another judge. (Administrative Order No. 54-2007,May 11, 2007)

2) Involving Elective Barangay Officials

Special Courts in the first level courts designated toexclusively and speedily hear, try and decide election protestsand petitions for quo warranto involving elective barangayofficials within their respective territorial jurisdiction shallcontinue to be included in the raffle of cases, criminal andcivil, provided that the Executive Judge of the courtsconcerned shall exclude the designated Special Courts fromsuch raffle whenever in their judgment the caseload of thesecourts shall prevent them from conducting the continuoustrial of the election contests. (Administrative Order 129-2007,August 15, 2007)

g) Cases involving Killings of Political Activists and Members of theMedia

Special Courts are designated to hear, try and decide casesinvolving killings of political ideologists and members of media.In determining whether the crime is a “political killing,” thefollowing factors, among others, shall be considered: (1) politicalaffiliation of the victim; (2) method of attack; and (3) reports thatstate agents are involved in the commission of the crime or haveacquiesced in them.

The designated Special Courts shall continue to be included inthe raffle of cases, criminal and civil, provided that the ExecutiveJudges of the RTCs concerned shall exclude the designatedSpecial Courts from such raffle whenever in their judgment thecaseload of these courts shall prevent them from conductingthe continuous trial of the special cases.

All single-sala courts are considered special courts for the casesinvolving killings of political ideologists and members of media,and for this reason shall give priority to these cases in the trialcalendars.

The branches thus designated as Special Courts shall continueto perform their functions as such even after the resignation,retirement, death, dismissal from the judicial service, transfer,detail or promotion of the incumbent judges appointed/designatedto preside over them. The successors, whether permanent ortemporary, shall act as Presiding Judges of these Special Courtsunless the Supreme Court otherwise directs. (AdministrativeOrder No. 25-2007, March 1, 2007)

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h) Environmental Cases (Administrative Order No. 23-2008,January 28, 2008)

The designated Environmental Courts will try and decide violationsof environmental laws which include the Revised Forestry Code(PD 705), Marine Pollution (PD 979), Toxic Substances andHazardous Waste Act (RA 6969), People’s Small-Scale MiningAct (RA 7076), National Integrated Protected Areas System Act(RA 7586), Philippine Mining Act (RA 7942), Indigenous People’sRights Act (RA 8371), Philippine Fisheries Code (RA 8550); CleanAir Act (RA 8749), Ecological Solid Waste Management Act (RA9003), National Caves & Cave Resources Management Act (RA9072), Wildlife Conservation and Protection Act (RA 9147),Chainsaw Act (RA 9175), and Clean Water Act (RA 9275).

In multi-sala stations where no branches of the first and secondlevel courts are designated as environmental courts, the casesshall be raffled among the branches thereat which shall try anddecide such cases according to existing issuances.

All single sala first and second level courts are considered specialcourts for said purpose.

The designated Special Courts to try environmental cases shallcontinue to be included in the raffle of cases, criminal, civil, andother cases. They shall continue to perform their functions evenafter the retirement, promotion, dismissal, suspension, transfer,or detail of the judges appointed/designated to preside over thesaid branches.

Their successors, whether permanent or temporary, shall actas Presiding Judges of these Special Courts unless the SupremeCourt directs otherwise.

All environmental cases wherein pre-trial in civil cases has alreadycommenced and when the accused is already arraigned incriminal cases shall remain in the branches where originallyassigned, otherwise these cases shall be assigned by raffle ifthere are two or more designated Special Courts or when thereis only one in the station, the cases shall be unloaded to the saidSpecial Court.

The transferred environmental cases shall be considered asraffled cases to the Special Courts, hence the branch whichunloaded the environmental cases shall be assigned newly filedcases to replace the cases removed from said branch.

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8) Raffle of Cases to Newly-Created and Organized Branches

Whenever a branch has been created, organized and added tothe court in a station, the Executive Judge shall see to it that onlynewly-filed cases are raffled to the said branch. There shall beno unloading of previously raffled cases to these newly-createdbranches.

Whenever two or more branches have been created, organizedand added to the court in a station, the Executive Judge shallensure that the newly-filed cases shall be raffled on a 6:2:1 ratio,as follows: six (6) newly-filed cases to the newly created andorganized branches; two newly-filed cases to the existing branchor branches; and one (1) newly-filed case to the branch of theExecutive Judge, until such time when the number of casesraffled to each branch in the station shall have reached theaverage caseload of each branch. The Executive Judge shalldetermine the average caseload of each branch by dividing thetotal number of cases pending in the station by the number ofbranches thereat, including those newly created and organized.

The Court Administrator shall prescribe a separate procedurefor stations with unusually heavy caseloads. (A.M. No. 03-8-02-SC, effective February 15, 2004, Chapter V, Sec. 13)

B. Consolidation of Cases

In consolidation of cases to a branch, the cases transferred shall bereplaced only by means of raffle. (A.M. No. 03-8-02-SC, effectiveFebruary 15, 2004, Sec. 9 [b])

The Executive Judge shall supervise the replacement of consolidatedcases such that a newly filed case of the same nature that will beassigned in a regular raffle to the branch to which the consolidatedcase is transferred by another branch shall be assigned to the latterbranch as replacement of the consolidated case. The Clerk of Courtshall give notice to the two branches concerned of the replacementof the consolidated case, indicating the date of the raffle.

C. Disqualifications and Inhibitions

1. Judges in Regular Courts

Whenever a judge in a multiple-branch court is disqualified orvoluntarily inhibits, the records shall be returned to the ExecutiveJudge and the latter shall cause the inclusion of the said case inthe next regular raffle for re-assignment. A newly-filed case shallbe assigned by raffle to the disqualified or inhibiting judge toreplace the inhibited case.

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Where the judge in a single-branch first level court is disqualifiedor voluntarily inhibits, the order of inhibition shall be forwarded tothe Executive Judge who shall, by raffle, designate another judgewithin the area of administrative supervision to hear and decidethe case, taking into consideration the accessibility of the courtsinvolved. The Executive Judge shall immediately furnish the CourtAdministrator with a copy of the designation within five (5) daysfrom the issuance thereof.

Where the judge in a single-branch RTC is disqualified orvoluntarily inhibits, the order of inhibition shall be transmitted tothe pairing judge who shall then hear and decide the case inaccordance with the pairing system of single-sala stations.

Where the pairing judge who sits in a single-branch RTC is alsodisqualified or voluntarily inhibits, the matter shall be referred bythe Clerk of Court to the Executive Judge of the nearest multiple-branch RTC, or in the absence of the latter, to the Vice-ExecutiveJudge thereof for assignment by raffle among the judges in thestation. The Clerk of Court shall immediately furnish the CourtAdministrator with a copy of the said referral within five (5) daysfrom release thereof. (A.M. No. 03-802-SC, effective February15, 2004, Chapter V, Sec. 8)

2. Judges in Special Courts

Where a judge in a court designated to try and decide casesfalling within the jurisdiction of family courts, cases involvingviolations of the Dangerous Drugs Act and cases falling withinthe jurisdiction of a special commercial court, or special courtdesignated to hear, try and decide cases involving killings ofpolitical activists and members of media, is disqualified orvoluntarily inhibits from hearing a case, the following guidelinesshall be observed:

a) Where there is only one special court in the station, the pairingsystem for multiple-branch stations shall apply;

b) Where there are more than two special courts of the samenature in the station, the Executive Judge shall immediatelyassign the case by raffle to the other or another special courtof the same nature. In case the Presiding Judge of the otherspecial court is also disqualified or inhibits, the case shall beforwarded to the pairing judge of the special court whichoriginally handled the said case. If the pairing judge is alsodisqualified or inhibits, the case shall be raffled to the other

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regular courts. At the next raffle, an additional case shall beassigned to the disqualified or inhibiting judge to replace theinhibited case. (A.M. No. 03-8-02-SC, effective February 15,2004, Chapter V, Sec. 9; Administrative Order No. 25-2007,March 1, 2007)

In the event of inhibition of the judge of the Special Court in theRegional Trial Court designated exclusively and speedily to hear,try and decide election protests and petitions for quo warrantoinvolving elective municipal officials, the pairing system formultiple-branch stations shall apply. If the pairing judge is alsodisqualified or inhibits himself, the case shall be raffled to theother regular courts. At the next raffle, a newly filed case shallbe assigned to the disqualified or inhibiting judge to replace thecase so removed from his court. If the judge in a single-branchvoluntarily inhibits himself, the order of inhibition shall betransmitted to the pairing judge who shall then hear and decidethe case in the court of origin. Where the pairing judge who sitsin a single branch RTC is also disqualified or voluntarily inhibitshimself, the matter shall be referred by the Clerk of Court to theExecutive Judge of the nearest multiple branch RTC, or in hisabsence, to the Vice Executive Judge thereof for assignment byraffle among the judges in the station. However, the case shallremain in the court of origin. (Administrative Order No. 54-2007, May 11, 2007)

In the event of disqualification/inhibition of the judge of thedesignated Special Court in the first level courts, the followingguidelines shall be observed:

a) Where there is only one Special Court in the station, thepairing system under Circular No. 7 dated September 23,1974, as amended, shall apply.

b) Where there are two (2) or more Special Courts, theExecutive Judge shall immediately assign the case by raffleto the other special courts. In case of disqualification/inhibitionof all the judges of the Special Courts, the case shall beforwarded to the pairing judge of the Special Court whichoriginally handled the case. If the pairing judge is alsodisqualified or inhibits himself, the case shall be raffled tothe other regular judges.

c) In case of disqualification/inhibition of all the judges in thestation, the order of inhibition shall be referred to the ExecutiveJudge/Office of the Court Administrator, as the case maybe,

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who shall then designate another judge to try and decide thecase. The judge designated shall try and decide the case inthe court of origin.

d). In case of disqualification/inhibition of the judge in a singlebranch first level court, the order of inhibition shall be referredto the Executive Judge who shall then designate a judge byraffle to hear and decide the case in the court of origin.(Administrative Order No. 129-2007)

3. Procedure In Case of Conflict of Opinion on Propriety of Inhibition

Administrative Circular No. 1 dated January 28, 1988, Sec. 7, providesthat inhibitions and disqualifications of judges are judicial actionswhich do not require prior administrative approval and thatadministrative intervention is necessary only when the inhibition isby a judge of a single sala court, and the case has to be transferredto another judge of another station.

The duty of Executive Judges, therefore, is merely to elevate anorder of inhibition to the Supreme Court through the Office of theCourt Administrator or otherwise, to appoint another trial court judgeunder their supervision to handle the case. It is not within theirauthority to resist or overrule the order of recusation. (A.M. RTJ-03-1810, October 21,2004)

The question of whether to inhibit or not is best left to the sounddiscretion and the conscience of the judge, “based on his rationaland logical assessment of the circumstances prevailing in the casebrought before him.” (A.M. No. RTJ-99-1454, March 2, 2000)

D. Designation of Judges of the First Level Courts to Try Cases

The Executive Judge of the RTC shall have authority to designate amunicipal judge within his area of administrative supervision to try casesof other courts of the first level within said area of administrativesupervision in case of official leave of absence, inhibition, disqualificationor preventive suspension of the municipal judge concerned or ofpermanent or temporary vacancy in the position. Such designation shallbe effectively immediately, unless revoked by the Supreme Court. TheExecutive Judge shall furnish the Office of the Court Administrator withcopies of the orders of designation effected within five (5) days fromdate of such designation. (A.M. No. 3-8-02-SC, January 27, 2004, Sec.1 [a])

The Executive Judge of the RTC may recommend to the Supreme Courtthe assignment of judges of the MeTCs, MTCCs, MTCs and MCTCs tohear and determine cadastral or land registration cases in accordancewith the provisions of Section 4 of Republic Act No. 7691. (A.M. No. 3-8-02-SC, January 27, 2004, Sec. 1 [b])

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IV. CIVIL CASES

A. Upon Filing of Initiatory Pleading

The date and time of filing as well as the date/s and number/s of the officialreceipt/s for the legal fees paid and the amount of such fees shall be indicatedon the cover, as well as on the first page of the pleading, together with itsassigned docket number. The docket number shall follow a sequential ordercorresponding to the date and time of the filing of the case. The docketnumber and the date/s and number/s of the official receipt/s for the legalfees paid, as well as the amount of the said fees, shall be entered in theDocket Record. (A.M. No. 03-8-02-SC, January 27, 2004, Sec. 4 [b])

B. Refund of Filing Fees

Only the Chief Justice can authorize the refund/withdrawal of filing fees paidin court (Administrative Matter No. 05-9-256-MeTC, October 12, 2005). Anyrequest for refund of filing fees shall be referred to the Chief Justice throughthe Court Administrator. (OCA Circular No. 173-2006, December 29, 2006)

C. Exemption from Payment of Docket Fee

1. Pauper/Indigent Litigants

A party may be authorized to litigate an action, claim or defense asindigent if the court, upon an ex parte application and hearing, is satisfiedthat the party is one who has no money or property sufficient and availablefor food, shelter and basic necessities for himself and his family.

Such authority shall include an exemption from payment of docket andother lawful fees, and of transcripts of stenographic notes which thecourt may order to be furnished the indigent party. The amount of thedocket and other lawful fees, which the indigent is exempted from paying,shall be a lien on any judgment rendered in the case favorable to theindigent, unless the court otherwise provides.

Any adverse party may contest the grant of such authority at any timebefore judgment is rendered by the trial court. If the court shoulddetermine after hearing that the party declared as an indigent is in fact aperson with sufficient income or property, the proper docket and otherlawful fees shall be assessed and collected by the Clerk of Court. Ifpayment is not made within the time fixed by the court, execution shallissue for the payment thereof, without prejudice to such other sanctionsas the court may impose. (1997 Rules of Civil Procedure, Rule 3, Sec.21)

To be entitled to the exemption, the litigants shall execute affidavits thatthey and their families do not earn a gross income exceeding double the

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monthly minimum wage of an employee, nor they own real property witha fair market value, as stated in the current tax declaration, of more thanP300,000.00 supported by an affidavit of a disinterested person attestingto the truth of the litigant’s affidavit. (1997 Rules of Civil Procedure,Rule 141, Sec. 19, as amended by A.M. No. 04-2-04-SC, July 20, 2004)

Any falsity in this affidavit of litigant or disinterested person shall besufficient to dismiss the complaint or action or to strike out the pleadingsof that party, without prejudice to whatever criminal liability may havebeen incurred. (1997 Rules of Civil Procedure, Rule 141, Sec. 19, asamended by A.M. No. 04-2-04-SC, July 20, 2004)

If the applicant meets the salary and property requirements under Sec.19, Rule 141, then the grant of the application is mandatory. On theother hand, when the application does not satisfy one or bothrequirements, then it should not be denied outright, instead the courtshould apply the “indigency test” under Sec. 21 of Rule 3 and use itssound discretion in determining the merits of the prayer for exemption.(Algura v. Naga, G.R. No. 150135, October 30, 2006).

In petition for writ of habeas data, no docket and other lawful fees shallbe required from an indigent petitioner. The petition of the indigent shallbe docketed and acted upon immediately without prejudice to subsequentsubmission of proof of indigency not later than fifteen (15) days from thefiling of the petition. (A.M. No. 08-1-16-SC, effective February 2, 2008)

2. Government

The Republic of the Philippines, its agencies and instrumentalities areexempt from paying the legal fees. (1997 Rules of Civil Procedure,Rule 141, Sec. 22)

Local governments and government-owned or controlled corporationswith or without charter are not exempt from paying the legal fees providedunder Rule 141. However, all court actions instituted at the instance ofthe provincial, city or municipal treasurer or assessor under Section280 of the Local Government Code of 1991 shall be exempt from thepayment of court and sheriff’s fees.

3. Protection Order

If the victim is an indigent or there is an immediate necessity due toimminent danger or threat of danger to act on an application for aprotection order, the court shall accept the application without paymentof the filing fee and other fees. (Rep. Act No. 9262 [2004], Sec. 38; A.M.No. 04-10-11-SC, effective November 15, 2004 )

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4. Trafficked Person

When the trafficked persons institute a separate civil action for therecovery of civil damages, they shall be exempt from payment of filingfees. (Rep. Act No. 9208 [2003], Sec. 13)

5. Actions brought under the Cooperative Code of the Philippines or bythe Cooperative Development Authority to enforce obligations contractedin favor of cooperatives

The cooperatives are exempt from the payment of all court and sheriff’sfees payable to the Philippine Government for and in connection with allactions brought under Republic Act No. 6938 (1990) or the CooperativeCode of the Philippines, or where such action is brought by theCooperative Development Authority under Republic Act No. 6938 (1990)before the court to enforce payment of obligations contracted in favor ofthe cooperative.

In connection therewith, the following guidelines shall be observed:

a) all actions brought before the court are filed by the duly electedofficers of the cooperative in the name of, or for and on behalf of,the cooperative;

b) all actions brought before the court are filed pursuant to thepertinent provisions of Republic Act No. 6938 (1990), also knownas the Cooperative Code of the Philippines, but shall be limitedonly to enforce the payment of obligations contracted in favor ofcooperatives, otherwise cooperatives will not be exempt frompayment of pertinent fees. (OCA Circular No. 44-2007, May 3,2007)

6. Victim of child labor

When the victims of child labor institute a separate civil action for therecovery of civil damages, they shall be exempt from payment of filingfees. (Republic Act No. 7610, as amended by Republic Act No. 9231[2003])

7. Client of the Public Attorney’s Office

Clients of the Public Attorney’s Office are exempt from payment of docketand other fees incidental to instituting an action in court. (OCA CircularNo. 121-2007, December 11, 2007)

8. Petition for Writ of Amparo

The petitioner shall be exempted from the payment of the docket andother lawful fees when filing the petition for writ of amparo. (A.M. 07-9-12-SC, October 24, 2007, Sec. 4)

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9. Petition for inclusion, exclusion or correction of names of votersfiled by COMELEC

OCA Circular No. 54-2003 dated May 20, 2003 on the exemption of theCommission on Elections (COMELEC) from the payment of the requiredlegal fees under Rule 141 is still enforceable (Resolution dated May 5,2003 of Court En Banc in A.M. No. 03-04-11-SC), subject to the followingconditions specified therein:

a) that petitions for exclusion are filed by the election officers in thename of, or for and in behalf of, COMELEC;

b) that election officers are prohibited from allowing themselves tobe used by any candidate or political party in the filing of exclusioncases to avoid payment of fees or to harass duly registered voters.

Accountable officers are enjoined to require persons claiming to beelection officers to present their latest valid identification cards and acertification from the head of the agency that they are duly authorized totransact business with the court as employees of the COMELEC,otherwise the petition filed shall not be exempted from the payment oflegal fees. (OCA Circular No. 35-2007, April 10, 2007)

10. Tenant-farmer, agricultural lessee or tiller, settler or amortizing owner-cultivator

Where a party is a tenant-farmer, agricultural lessee or tiller, settler, oramortizing owner-cultivator, he shall be entitled to the rights of a pauperand/or indigent litigant without further proof thereof. (Pres. Decree No.946 (1976), Sec. 16)

D. Application for Temporary Restraining Order

1. Commentary

Under Section 5 of Rule 58 of the 1997 Rules of Civil Procedure, atemporary restraining order may be issued ex parte by the court to whichthe application for writ of preliminary injunction was made if it appearsfrom the facts shown by the affidavits or by the verified application thatgreat or irreparable injury would result to the applicant before the mattercan be heard on notice, and by the executive judge of a multiple-salacourt or the presiding judge of a single sala court effective for only seventy-two (72) hours from issuance if the matter is of extreme urgency andthe applicant will suffer grave injustice and irreparable injury before serviceof summons, as follows:

“SEC. 5. Preliminary injunction not granted without notice; exception.- No preliminary injunction shall be granted without hearing and priornotice to the party or person sought to be enjoined. If it shall appear

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from the facts shown by affidavit or by the verified application thatgreat or irreparable injury would result to the applicant before thematter can be heard on notice, the court to which the application forwrit of preliminary injunction was made, may issue ex parte atemporary restraining order to be effective only for a period of twenty(20) days from service on the party or person sought to be enjoined,except as herein provided. Within the said twenty-day period, thecourt must order said party or person to show cause, at a specifiedtime and place, why the injunction should not be granted, determinewithin the same period whether or not the preliminary injunction shallbe granted, and accordingly issue the corresponding order.

“However, and subject to the provisions of the preceding sections, ifthe matter is of extreme urgency and the applicant will suffer graveinjustice and irreparable injury, the executive judge of a multiple-salacourt or the presiding judge of a single sala court may issue ex partea temporary restraining order effective for only seventy-two (72) hoursfrom issuance but he shall immediately comply with the provisionxxx as to service of summons and the documents to be servedtherewith. Thereafter, within the aforesaid seventy-two (72) hours,the judge before whom the case is pending shall conduct a summaryhearing to determine whether the temporary restraining order shallbe extended until the application for preliminary injunction can beheard. In no case shall the total period of effectivity of the temporaryrestraining order exceed twenty (20) days, including the originalseventy-two hours provided herein.

“In the event that the application for preliminary injunction is deniedor not resolved within the said period, the temporary restraining orderis deemed automatically vacated. The effectivity of a temporaryrestraining order is not extendible without need of any judicialdeclaration to that effect and no court shall have authority to extendor renew the same on the same ground for which it was issued.xxx”

Subsequently, in the Resolution dated February 17, 1998, the SupremeCourt amended Sec. 5 (supra) by deleting the word ex parte in theissuance of temporary restraining order by the court to which theapplication for writ of preliminary injunction is assigned or made andmaintaining the authority of the executive judge of a multiple-sala courtor the presiding judge of a single sala court to issue a temporaryrestraining order ex parte effective for only seventy-two hours fromissuance if the matter is of extreme urgency and the applicant will suffergrave injustice and irreparable injury before service of summons, asfollows:

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“SEC. 5. Preliminary injunction not granted without notice; exception– No preliminary injunction shall be granted without hearing and priornotice to the party or person sought to be enjoined. If it shall appearfrom the facts shown by affidavits or by the verified application thatgreat or irreparable injury would result to the applicant before thematter can be heard on notice, the court to which the application forwrit of preliminary injunction was made, may issue a temporaryrestraining order to be effective only for a period of twenty (20) daysfrom notice to the party or person sought to be enjoined. Within thesaid twenty-day period, the court must order said party or person toshow cause, at a specified time and place, why the injunction shouldnot be granted, determine within the same period whether or not thepreliminary injunction shall be granted, and accordingly issue thecorresponding order.

‘However, and subject to the provisions of the preceding sections, ifthe matter is of extreme urgency and the applicant will suffer graveinjustice and irreparable injury, the executive judge of a multiple-salacourt or the presiding judge of a single sala court may issue ex partea temporary restraining order effective for only seventy-two (72) hoursfrom issuance but he shall immediately comply with the provision ofthe next preceding section as to service of summons and thedocuments to be served therewith. Thereafter, within the aforesaidseventy-two (72) hours, the judge before whom the case is pendingshall conduct a summary hearing to determine whether the temporaryrestraining order shall be extended until the application for preliminaryinjunction can be heard. In no case shall the total period of effectivityof the temporary restraining order exceed twenty (20) days, includingthe original seventy-two hours provided herein.

“In the event that the application for preliminary injunction is deniedor not resolved within the said period, the temporary restraining orderis deemed automatically vacated. The effectivity of a temporaryrestraining order is not extendible without the need of any judicialdeclaration to that effect and no court shall have authority to extendor renew the same on the same ground for which it was issued.xxx”

In A.M. No. 07-7-12- SC, Sec. 5 of Rule 58 was amended by reinstatingthe provision under the 1997 Rules of Civil Procedure allowing theissuance of a temporary restraining order ex parte by the court to whichthe application for writ of preliminary injunction was made if it appearsfrom the facts shown by the affidavits or by the verified application thatgreat or irreparable injury would result to the applicant before the mattercan be heard on notice, as follows:

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“SEC. 5. Preliminary injunction not granted without notice; exception.– No preliminary injunction shall be granted without hearing and priornotice to the party or person sought to be enjoined. If it shall appearfrom the facts shown by affidavits or by the verified application thatgreat or irreparable injury would result to the applicant before thematter can be heard on notice, the court to which the application forwrit of preliminary injunction was made, may issue ex parte atemporary restraining order to be effective only for a period of twenty(20) days from service on the party or person sought to be enjoined,except as herein provided. Within the said twenty-day period, thecourt must order said party or person to show cause, at a specifiedtime and place, why the injunction should not be granted. The courtshall also determine, within the same period, whether or not thepreliminary injunction shall be granted, and accordingly issue thecorresponding order.

“However, and subject to the provisions of the preceding sections, ifthe matter is of extreme urgency and the applicant will suffer graveinjustice and irreparable injury, the executive judge of a multiple-salacourt or the presiding judge of a single sala court may issue ex partea temporary restraining order effective for only seventy-two (72) hoursfrom issuance, but shall immediately comply with the provisions xxxas to service of summons and the documents to be served therewith.Thereafter, within the aforesaid seventy-two (72) hours, the judgebefore whom the case is pending shall conduct a summary hearingto determine whether the temporary restraining order shall beextended until the application for preliminary injunction can be heard.In no case shall the total period of effectivity of the temporaryrestraining order exceed twenty (20) days, including the originalseventy-two hours provided herein.

“In the event that the application for preliminary injunction is deniedor not resolved within the said period, the temporary restraining orderis deemed automatically vacated. The effectivity of a temporaryrestraining order is not extendible without the need of any judicialdeclaration to that effect and no court shall have authority to extendor renew the same on the same ground for which it was issued.

“xxx

“The trial court, xxx that issued a writ of preliminary injunction againsta lower court, board, officer or quasi-judicial agency shall decide themain case or petition within six (6) months from the issuance of thewrit. xxx”

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2. Reminders

a) Government Financial Institutions Required to Foreclose Collateralsfor Loans with Arrearages Amounting to at Least 20% of TotalOutstanding Obligation

No restraining order, temporary or permanent injunction shall beissued against any financial institution in any action taken by suchinstitution in compliance with the mandatory foreclosure provided inSection 1 of Presidential Decree No. 385 (1974) whether suchrestraining order, temporary or permanent injunction is sought bythe borrower(s) or any third party or parties, except after due hearingin which it is established by the borrower and admitted by thegovernment financial institution concerned that twenty percent (20%)of the outstanding arrearages has been paid after the filing offoreclosure proceedings. (Presidential Decree No. 385 [1974], Sec.2; Supreme Court Circular No. 13, May 17, 1984)

b) Cases Involving Infrastructure and Natural Resource DevelopmentProjects of, and Public Utilities Operated by, the Government

No Court in the Philippines shall have jurisdiction to issue anyrestraining order, preliminary injunction, or preliminary mandatoryinjunction in any case, dispute or controversy involving aninfrastructure project, or a mining, fishery, forest or other naturalresource development project of the government, or any public utilityoperated by the government, including among others public utilitiesfor the transport of the goods or commodities, stevedoring andarrastre contracts, to prohibit any person or persons, entity orgovernment official from proceeding with, or continuing the executionor implementation of any such project, or the operation of such publicutility, or pursuing any lawful activity necessary for such execution,implementation or operation. (Presidential Decree No. 1818 [1981],Sec. 1; Circular No. 1, April 16, 1982; Circular No. 2-91, May 15,1991; Circular No. 13-93, March 5, 1993; Circular No. 68-94,November 3, 1994; Administrative Circular No. 7-99, June 25, 1999;OCA Circular No. 79-2003)

c) Cases Involving Government Infrastructure Projects

No court, except the Supreme Court, shall issue any temporaryrestraining order, preliminary injunction or preliminary mandatoryinjunction against the government, or any of its subdivisions, officialsor any person or entity, whether public or private, acting undergovernment’s direction, to restrain, prohibit or compel the followingacts:

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1. Acquisition, clearance and development of the right-of-way and/or site or location of any national government project;

2. Bidding or awarding of contract/project of the nationalgovernment as defined under Sec. 2 of Republic Act No. 8975(2000);

3. Commencement, prosecution, execution, implementation,operation of any such contract or project;

4. Termination or rescission of any such contract/project; and

5. The undertaking or authorization of any other lawful activitynecessary for such contract/project.

This prohibition shall apply in all cases, disputes or controversiesinstituted by a private party, including but not limited to cases filed bybidders or those claiming to have rights through such bidders involvingsuch contract/project. This prohibition shall not apply when the matteris of extreme urgency involving constitutional issue, such that unless atemporary restraining order is issued, grave injustice and irreparableinjury will arise. The applicant shall file a bond, in an amount to be fixedby the court, which bond shall accrue in favor of the government if thecourt should finally decide that the applicant was not entitled to the reliefsought. (Republic Act No. 8975 [2000], Sec. 3; Circular 11-2000,November 13, 2000)

d) Cases involving Private Electric Utility or Rural Electric CooperativeExercising the Right and Authority to Disconnect Electric Service

No writ of injunction or restraining order shall be issued by any courtagainst any private electric utility or rural electric cooperative exercisingthe right and authority to disconnect electric service as provided inRepublic Act No. 7832, unless there is prima facie evidence that thedisconnection was made with evident bad faith or grave abuse ofauthority.

If, notwithstanding the provisions of this section, a court issues aninjunction or restraining order, such injunction or restraining order shallbe effective only upon the filing of a bond with the court which shall be inthe form of cash bond or cashier’s check equivalent to “differential billing,”penalties and other charges, or to the total value of the subject matter ofthe action; Provided, however, That such injunction or restraining ordershall automatically be refused or, if granted, shall be dissolved uponfiling by the public utility of a counterbond similar in form and amount asthat above required. Provided, finally, That whenever such injunction isgranted the court issuing it shall, within ten (10) days from its issuance,

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submit a report to the Supreme Court setting forth in detail the groundsor reasons for its orders. (Republic Act No. 7832 [1994], Sec. 9; CircularNo. 8-98, January 6, 1998)

e) Labor Related Cases

No temporary or permanent injunction or restraining order in any caseinvolving or growing out of labor disputes shall be issued by any court.(Presidential Decree No. 442 [1974], as amended, Art. 254; OCA CircularNo. 79-2003, June 12, 2003)

f) Enforcement of Decision or Awards rendered by NLRC

The Regional Trial Court cannot enjoin the enforcement of any decisionor awards rendered by the National Labor Relations Commission.(Kaisahan ng mga Manggagawa sa La Campana v. Sarmiento, G.R.No. 47853, November 16, 1984, 133 SCRA 221 [1984]; Circular No. 79-2003, June 12, 2003)

g) Matters involving Concessions, Licenses and Other Permits Issuedby Public Administrative Officials or Bodies

No court of the Philippines shall have jurisdiction to issue any restrainingorder, preliminary injunction in any case involving or growing out of theissuance, approval or disapproval, revocation, or suspension of, or anyaction whatsoever by the proper administrative official or body onconcessions, licenses, permits, patents, or public grants of any kind inconnection with the disposition, exploitation, utilization, exploration and/or development of the natural resources of the Philippines. (PresidentialDecree No. 605 [1974], Section 1; Circular No. 79-2003, June 12, 2003)

h) Dispute or Controversy Arising from or in Connection with Application,Implementation or Interpretation of the Laws on Agrarian Reform

No injunction, restraining order, prohibition or mandamus shall be issuedby the lower courts against the Department of Agrarian Reform (DAR),Department of Agriculture (DA), the Department of Environment andNatural Resources (DENR), and the Department of Justice (DOJ) intheir implementation of the program. (Republic Act No. 6657 [1998],Sec. 68; OCA-Circular No. 79-2003, June 12, 2003; OCA Circular No.23-2004, February 13, 2004; OCA Circular No. 39-2005, May 4, 2005)

No court in the Philippines shall have jurisdiction to issue any restrainingorder, or writ of preliminary injunction against the PARC or any of its dulyauthorized or designated agencies in any case, dispute or controversyarising from, necessary to, or in connection with the application,implementation, enforcement, or interpretation of Republic Act No. 6657(1998) and other pertinent laws on agrarian reform. (Republic Act No.

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6657 [1998], Sec 55; OCA Circular No. 79-2003, June 12, 2003; OCACircular No. 23-2004, February 13, 2004; OCA Circular No. 39-2005,May 4, 2005)

i) Sale or Disposition of Assets Acquired by the GSIS

No injunction or restraining order issued by any court, commission,tribunal or office shall bar, impede or delay the sale and disposition bythe GSIS of its acquired assets except on questions of ownership andnational or public interest. (Republic Act No. 8291 or the GovernmentService Insurance System Act [1997], Sec. 50; OCA Circular 79-2003,June 12, 2003)

j) Projects of the Conversion of Military Reservations

The implementation of the projects for the conversion into alternativeproductive uses of the military reservations are urgent and necessaryand shall not be restrained or enjoined except by an order issued by theSupreme Court of the Philippines. (Republic Act No. 7227 [1992],otherwise known as Bases Conversion and Development Act, Sec. 21;OCA Circular No. 79-2003, June 12, 2003)

k) Investigations Conducted by the Ombudsman

No writ of injunction shall be issued by any court to delay an investigationbeing conducted by the Ombudsman under Republic Act No. 6770 (1989)unless there is a prima facie evidence that the subject matter of theinvestigation is outside the jurisdiction of the Office of the Ombudsman.

No court shall hear any appeal or application for remedy against thedecision or findings of the Ombudsman, except the Supreme Court onpure question of law. (Republic Act No. 6770 [1989], Sec. 14; OCACircular No. 79-2003, June 12, 2003)

l) In Criminal Prosecution and in Cases under Preliminary Investigation orReinvestigation

Injunction will not lie to enjoin a criminal prosecution for the reason thatpublic interest requires that criminal acts be immediately investigatedand prosecuted for the protection of society. (Asutilla v. Philippine NationalBank, G.R. No. 51354, January 15, 1986, 141 SCRA 40 [1986]; OCACircular No. 79-2003, June 12, 2003)

As a general rule, the court will not issue writs of prohibition or injunction,preliminary or final, to enjoin or restrain, criminal prosecution. With morereason that injunction will not lie when the case is still at the stage ofpreliminary investigation or reinvestigation (Samson, et al. v. Guingona,G.R. No. 123504, December 14, 2000, 348 SCRA 32 [2000]; OCACircular No. 79-2003, June 12, 2003)

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m) Acts of Privatization Council

No court or administrative agency shall issue any restraining order orinjunction against the Asset Privatizaton Trust in connection with theacquisition, sale or disposition of assets transferred to it pursuant toProclamation No. 50-A. Nor shall such order or injunction be issuedagainst any purchaser of assets sold by the Trust to prevent suchpurchaser from taking possession of any asset purchased by him.(Proclamation No. 50-A [1986], Sec. 31; OCA Circular No. 79-2003,June 12, 2003)

n) Extra-Judicial or Judicial Foreclosure of Real Estate Mortgages

No temporary restraining order or writ of preliminary injunction againstthe extra-judicial foreclosure of real estate mortgage shall be issued onthe allegation that the loan secured by the mortgage has been paid or isnot delinquent unless the application is verified and supported by evidenceof payment. (En Banc Resolution, A.M. 99-10-05-0, February 20, 2007)

No temporary restraining order or writ of preliminary injunction againstthe extra-judicial foreclosure of real estate mortgage shall be issued onthe allegation that the interest on the loan is unconscionable, unless thedebtor pays the mortgagee at least twelve percent per annum intereston the principal obligation as stated in the application for foreclosuresale, which shall be updated monthly while the case is pending. (EnBanc Resolution, A.M. 99-10-05-0, February 20, 2007)

o) Other Urgent or Interlocutory Matters

Whenever an incidental or interlocutory matter in a case is of suchurgent nature that it may not wait for the regular raffle, the interestedparty may request the Executive Judge in writing for a special raffle. Ifthe request is granted and the special raffle is conducted, the case shallimmediately be referred to the branch to which it corresponds. TheExecutive Judge shall have no authority to act on any incidental orinterlocutory matter in any case not yet assigned to any branch by raffle.(Circular No. 7, September 23, 1974)

p) Observance of Pairing System

In case of vacancy in the two branches paired with each other, theincidental or interlocutory matters pertaining to any or both branchesshall be acted upon by the Executive Judge. “Prolonged absence” meansan absence of one month or more. (Circular No. 7, September 23, 1974)

For the purpose of the pairing system, Branch 1 shall be paired withBranch 2, Branch 3 with Branch 4, and so on, and any Branch in astation left without a pair shall be paired with the branch presided by the

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Executive Judge in addition to the latter’s regular pair. (Circular No. 7,September 23, 1974)

Executive Judges are reminded to strictly comply with Circular No. 7dated September 23, 1974 on the pairing system. (Circular No. 7, June3, 1986)

V. CRIMINAL CASES

A. Guidelines Concerning Bail

1. Authority to Act on Application for Bail

a. Offenses Cognizable by the First Level Court and Regional TrialCourt.

1) Newly Filed Criminal Cases

a) In single sala stations, the application for bail shall be filedwith and resolved by the court where the case is filed orpending, or in the absence or unavailability of the judgethereof, upon written certification to that effect by the Clerk ofCourt, with any Regional Trial Court Judge or Judge of theFirst Level Court in the province, city or municipality.

b) In multi-branch stations where the application is filed beforethe case can be raffled to a particular branch, the ExecutiveJudge of the court where the case is filed shall act on theapplication. In cities and municipalities where the MeTCs orthe MTCCs hold night court sessions daily and the casesfiled with these courts have not yet been raffled, applicationsfor bail may also be filed with the judge assigned to holdnight court session.

In the absence or unavailability of the Executive Judge orJudge assigned to night court, per written certification of theClerk of Court concerned, the application for bail shall beresolved by the Vice-Executive Judge and if in default for thesame reasons, by any judge of the court where the case isfiled.

2) In criminal cases already raffled to or are pending with a particularbranch, Section 17, Rule 114 of the Revised Rules of CriminalProcedure should be strictly followed:

“xxx Bail in the amount fixed may be filed with the court wherethe case is pending, or in the absence or unavailability of the

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judge thereof, with any regional trial judge, metropolitan trial judge,municipal trial judge or municipal circuit trial judge in the city ormunicipality where the case is pending.”

a) For the orderly and uniform implementation of the above-quoted provision under Rule 114 of the Revised Rules ofCriminal Procedure in all multi-branch stations, the powerand duty to resolve applications for bail in pending casesshall be exercised by the judges in the following order:

- Presiding Judge of the branch where the case is pending;- Pairing Judge of such branch;- Executive Judge of the court where case is pending;- Vice-Executive Judge of same court;- Any judge of that court.

The failure of any judges named in the order listed above toact on the bail application due to absence or unavailabilityshall be set forth in a Certification to that effect by the Clerkof Court concerned and attached to the record of the case.

b) Exception to the general rule that bail shall be acted upon bythe court where the case is filed:

If the accused is arrested in a province, city or municipalityother than where the case is pending, bail may also be filedwith any Regional Trial Court of said place, and if no judge isavailable based on the written certification of the Clerk ofCourt, with any first level court therein.

c) Motion for Increase or Reduction of Bail

The authority to act on a motion for increase or reduction ofbail shall be exercised after the accused is admitted to bail.The Court may, upon good cause, either increase or reducethe amount of bail. (Revised Rules of Criminal Procedure,Rule 141, Sec. 20)

d) Release on Bail

The accused must be discharged upon approval of the bailby the judge with whom it was filed in accordance withSection 17 of this Rule.

When bail is filed with a court other than where the case ispending, the judge who accepted the bail shall forward it,together with the order of release and other supporting papers,

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to the court where the case is pending, which may, for goodreason, require a different one to be filed. (Revised Rules ofCriminal Procedure, Rule 114 ,Sec. 19)

b. Offenses Cognizable by the Sandiganbayan

The Executive Judge of the RTC where an information resulting frominquest investigations of offenses cognizable by the Sandiganbayanconducted by authorized prosecutors within their territorial jurisdictionhas been filed, shall have authority to approve the application of theaccused for bail, except in offenses punishable by death, reclusionperpetua, or life imprisonment, and to order his release from detentionsubject to further orders by the Sandiganbayan. This authority doesnot include the power to act on any motion for reduction of the amountof the bail recommended by the prosecutor. (A.M. No. 03-8-02-SC,January 27, 2004, Chapter V, Sec. 17)

c. Bail on Saturdays, Sundays, Official Holidays and Special Days

1) The Executive Judges of the MeTCs and MTCCs with multiplebranches shall assign by rotation the judges of the said branchesto report for duty on Saturdays from eight o’clock in the morningto one o’clock in the afternoon, assisted by a skeletal force of thepersonnel, also on rotation, primarily to act on petitions for bailand other urgent matters. (A.M. No. 03-8-02-SC, January 27,2004, Chapter V, Sec. 14)

2) Executive Judges of the RTCs shall assign by rotation the judgesof the MTCs in multi-branch stations and MCTCs within theirrespective territorial areas to report for duty on Saturdays fromeight o’clock in the morning to one o’clock in the afternoon,assisted by a skeletal force of the personnel, also on rotation,primarily to act on petitions for bail and other urgent matters.(A.M. No. 03-8-02-SC, January 27, 2004, Chapter V, Sec. 14)

3) The Executive Judges shall act on petitions for bail and otherurgent matters on Saturday afternoons after one o’clock in theafternoon, Sundays, official holidays and special days. Shouldbail be granted and the applicant deposits cash as bail, theExecutive Judge shall acknowledge in writing and issue atemporary receipt therefor and shall remit immediately theamount received to the Clerk of Court who shall issue theappropriate official receipt therefor on the next succeedingbusiness day. (A.M. No. 03-8-02-SC, January 27, 2004, ChapterV, Sec. 14)

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d) Instances not Covered by Guidelines

No other assignment of judges by rotation in multi-branch stationsfor the purposes of acting on bail applications shall be made exceptin the instances specifically provided in these guidelines or after priornotice to, and written approval by, the Court Administrator.

2. Common Procedure to be Observed When Application for Bail is Filed,whether it is a matter of right or discretion:

a) All applications for bail shall first be approved by the judge who hasauthority to act on the same, as provided in the preceding paragraphs.(Revised Rules of Criminal Procedure, Rule 114, Sec. 19)

b) In all applications for bail, the court must give reasonable notice ofthe hearing to the public prosecutor or require him to submit hisrecommendation (Rule 114, Sec. 18). Interpreting this provision,the Supreme Court explained that, as it now stands, the Rule makesno distinction whether bail is a matter of right or discretion. In allinstances, reasonable notice of hearing is required to be given to theprosecutor or fiscal, or at least he must be asked for hisrecommendation. (Chin vs. Judge Tito G. Gustilo, August 11, 1995,247 SCRA 175)

The Supreme Court stated that the prosecutor must be heard evenin cases where bail is a matter of right because in fixing the amountof bail, the judge is required to take into account a number of factors,such as the applicant’s character and reputation, forfeiture of otherbonds, or whether he is a fugitive from justice. (Chin vs. Judge TitoG. Gustilo, August 11, 1995, 247 SCRA 175)

The court pointed out that while the prosecution’s recommendationis persuasive, it is in no way binding upon the court. But he has tobe heard as a matter of due process to the State in the same waythat even in cases involving capital offenses it has been held thatthere must be a hearing even though the prosecutor interposes noobjection to the grant of bail. (Tucay vs. Domagas, March 2, 1995,59 SCAD 411, 242 SCRA 110)

c) All persons in custody shall be admitted to bail as a matter of right,with sufficient sureties, or released on recognizance as prescribedby law or the Rule (a) before or after conviction by the MetropolitanTrial Court, Municipal Trial Court, Municipal Trial Court in Cities, orMunicipal Circuit Trial Court, and (b) before conviction by the RegionalTrial Court of an offense not punishable by death, reclusion perpetua,or life imprisonment. (Rule 114, Sec. 4)

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d) At the hearing of an application for bail filed by a person who is incustody for the commission of an offense punishable by death,reclusion perpetua, or life imprisonment, the prosecution has theburden of showing that evidence of guilt is strong. The evidencepresented during the bail hearing shall be considered automaticallyreproduced at the trial but, upon motion of either party, the court mayrecall any witness for additional examination unless the latter is dead,outside the Philippines, or otherwise unable to testify. (Rule 114,Sec. 8)

The Court may not grant bail simply for non-appearance ofprosecution but should ask the prosecution such questions as wouldascertain the strength of the State evidence and judge the adequacyof the bail. (Libarios vs. Dabalus, 199 SCRA 48, cited in Borinagavs. Tamin, A.M. No. RTJ 93-936, Sept. 10, 1993, 44 SCAD 589,226 SCRA 206; Aguirre vs. Belmonte, 237 SCRA 778) The Judgemay not fix bail in offenses punishable by death or reclusion perpetuaon the basis of his findings based on affidavits without first conductinga hearing with notice to the prosecutor. (Aurillo vs. Francisco, August12, 1994, 235 SCRA 283, Aguirre vs. Belmonte, October 27, 1994,237 SCRA 778)

Certain guidelines in the fixing of a bailbond call for the presentationof evidence and reasonable opportunity for the prosecution to refuteit. Among them are the nature and circumstances of the crime,character and reputation of the accused, the weight of the evidenceagainst him, the probability of the accused appearing at the trial,whether or not the accused is a fugitive from justice, and whether ornot the accused is under bond in other cases. It is highly doubtful ifthe trial court can appreciate these guidelines in an ex-partedetermination where the Fiscal is neither present nor heard. Therules require that the order granting or denying bail must contain asummary of the evidence of the prosecution, followed by a conclusionof whether or not the evidence of guilt is strong, which may only bedetermined after a hearing. (Baylon vs. Judge Sison, April 6, 1995,243 SCRA 284)

e) The judge who issued the warrant or granted the application shall fixa reasonable amount of bail considering primarily, but not limited to,the following factors:

(a) Financial ability of the accused to give bail;

(b) Nature and circumstances of the offenses;

(c) Penalty for the offense charged;

(d) Character and reputation of the accused;

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(e) Age and health of the accused:

(f) Weight of the evidence against the accused;

(g) Probability of the accused appearing at the trial;

(h) Forfeiture of other bail;

(i) The fact that the accused was a fugitive from justice whenarrested; and

(j) Pendency of other cases where the accused ison bail.

Excessive bail shall not be required. (Rule 114, Sec. 9)

f) When bail to be posted is in cash, the accused or any person actingin his behalf may deposit cash with the nearest collector of internalrevenue or provincial, city, or municipal treasurer or Office of theClerk of Court the amount of bail fixed by the court, or in case theinformation has not yet been filed in court, as recommended by theprosecutor who investigated the case. Upon submission of a propercertificate of deposit and a written undertaking showing compliancewith the requirements of Section 2 of Rule 114, the accused shall bedischarged from custody. The money deposited shall be consideredas bail and applied to the payment of fine and costs while the excess,if any, shall be returned to the accused or to whoever made thedeposit. (Rule 114, Sec. 14)

g) When bail to be posted is surety or property bond or throughrecognizance, the requirements therefor as provided in Rule 114should be observed or complied with.

h) The accused must be discharged upon approval of the bail by thejudge with whom it was filed. When bail is filed with a court otherthan where the case is pending, the judge who accepted the bailshall forward it, together with the order of release and other supportingpapers, to the court where the case is pending, which may, for goodreason, require a different one to be filed. (Rule 114, Sec. 19)

B. Guidelines Concerning Search Warrant

1. All applications for search warrants in criminal cases relating tocrimes against public order as defined by the provisions of ChaptersI to VII, Title Three, Book Two of the Revised Penal Code, asamended, illegal possession of firearms and ammunitions, offensesinvolving dangerous drugs and such similar laws as maysubsequently be enacted and deemed by the Supreme Court asincluded herein shall no longer be raffled and shall immediately be

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taken cognizance of and acted upon by the Executive Judges of themultiple branch RTCs, MeTCs and MTCCs provided that: 1) thecrimes and offenses alleged to have been violated fall within thejurisdiction of the court issuing the search warrant; and 2) the placeto be searched is located within the jurisdiction of the court.

Whenever the Executive Judge is on official leave of absence or isnot physically present in the station, the Vice-Executive Judge shalltake cognizance of and personally act on the applications for searchwarrants. Whenever the Executive Judge and the Vice-ExecutiveJudge/s are on official leave of absence or are not physically presentin the station, the application may be taken cognizance of and actedupon by the judge who is the most senior in tenure among thepermanent judges in the station. If there are two or more judges ofequal seniority in tenure, the application may be acted upon by thejudge who is the most senior in the judiciary. If there are two or morejudges of equal seniority in the judiciary, the application may be actedupon by the judge who is the most senior in age in the station. (A.M.No. 03-8-02, January 27, 2004, Chapter V, Sec. 11)

2. As an exception to the above rule and to Section 2, Rule 126, RevisedRules on Criminal Procedure, applications for search warrants filedby the National Bureau of Investigation (NBI), the Philippine NationalPolice (PNP) and Anti Crime Task Force (ACTAF), involving heinouscrimes, illegal gambling, illegal possession of firearms andammunitions, violations of the laws against dangerous drugs as wellas Intellectual Property Code, Anti Money Laundering Act of 2001,the Tariff and Customs Code as amended and other relevant lawsthat may hereinafter be enacted by Congress and included hereinby the Supreme Court, may be taken cognizance of and acted uponby the Executive Judges of the Regional Trial Courts of Manila andQuezon City, and whenever they are on official leave of absence orare not physically present in the station, the Vice Executive Judgesof the RTCs of Manila and Quezon City, even if the search warrantsapplied for are intended to be served in places outside the territorialjurisdiction of said courts. The applications shall be personallyendorsed by the head of such agencies and shall particularly describetherein the places to be searched and/or the property or the thingsto be seized as prescribed in the Rules of Court. (A.M. No. 03-8-02,January 27, 2004, Chapter V, Sec. 12)

3. In all other criminal cases and instances not falling under thecoverage mentioned in the preceding paragraphs, applications forsearch warrants filed during office hours shall be assigned by raffleto a judge of the court which has territorial jurisdiction over the crime

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that was committed. For compelling reasons stated by the applicant,the application for search warrant not covered under the twopreceding paragraphs may be filed with any court within the judicialregion where the crime was committed if the place of the commissionof the crime is known or any court within the judicial region wherethe warrant shall be enforced. (Revised Rules of Criminal Procedure,Rule 126, Sec. 2; A.M. No. 03-8-02, January 27, 2004, Chapter V,Sec. 10)

4. Applications filed after office hours, during Saturdays, Sundays andholidays, shall likewise be taken cognizance of and acted upon byany judge of the court having jurisdiction of the place to be searched,but in such cases the applicant shall certify and state the facts underoath, to the satisfaction of the judge, that its issuance is urgent.(A.M. No. 03-8-02, January 27, 2004, Chapter V, Sec. 10)

5. The judge who is assigned to conduct the examination of thecomplainant and witnesses, shall immediately act on the same,considering that time element and possible leakage of informationare the primary considerations in the issuance of search warrantsand seizure. (Administrative Circular No. 13, October 1, 1985)

6. If, in the implementation of the search warrant, properties are seizedthereunder and the corresponding case is filed in court, said caseshall be assigned by raffle, and thereupon tried and decided by thejudge to whom it has been assigned, and not necessarily by thejudge who issued the search warrant. (Administrative Circular No.13, October 1, 1985)

7. In order to insure maximum legitimate effect and give meaning andsubstance to the constitutional guarantee on the security of everyperson, his house and his effects, against unreasonable searchesand seizures, the following procedure should be strictly observed:

a) A search warrant may be issued for the search and seizure ofpersonal property – 1) subject of the offense; 2) stolen orembezzled and other proceeds or fruits of the offense; and, 3)used or intended to be used as the means of committing anoffense. (Revised Rules of Criminal Procedure, Rule 126, Sec.3)

b) A search warrant shall not issue but upon probable cause inconnection with one specific offense to be determined personallyby the judge after examination under oath or affirmation of thecomplainant and the witnesses he may produce on factspersonally known to them, and particularly describing the place

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to be searched and the things to be seized. (Revised Rules ofCriminal Procedure, Rule 126, Sec. 4)

c) The judge must, before issuing the warrant, personally examinein the form of searching questions and answers, in writing andunder oath, the complainant and any witnesses he may produceand attach to the record their sworn statements together withthe affidavits submitted. (Revised Rules of Criminal Procedure,Rule 126, Sec. 5)

d) If the judge is satisfied of the existence of facts upon which theapplication is based, or that there is probable cause to believethat they exist, he shall issue the warrant, which must besubstantially in the form as prescribed by the Rules. (RevisedRules of Criminal Procedure, Rule 126, Sec. 6)

e) Search warrants must be in duplicate, both signed by the judge.The duplicate copy thereof must be given to the person againstwhom the warrant is issued and served. Both copies of thewarrant must indicate the date until when the warrant shall bevalid and must direct that it be served in the daytime. If the judgeis satisfied that the property is in the person or in the place orderedto be searched, a direction may be inserted in the warrants thatit be served at any time of the day or night. (AdministrativeCircular No. 13, October 1, 1985)

f) In every court, there shall be a logbook under the custody of theClerk of Court wherein shall be entered within 24 hours after theissuance of the search warrant, the following:

1) Date and number of the warrant;2) Name of the issuing judge;3) Name of the person against whom the warrant is

issued;4) Offense cited in the warrant; and5) Name of the officer who applied for the warrant and his

witnesses.

Each branch or branches of a court shall have a separate anddistinct log book from the log book kept by the other branches ofthe same court stationed in another city or municipality.(Administrative Circular No. 13, October 1, 1985)

g) The search warrant shall be valid for ten (10) days from date ofissuance, and after which the issuing judge should ascertain ifthe return has been made, and if there was none, should summon

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the person to whom the warrant was issued and require him toexplain why no return was made. If the return has been made,the judge should ascertain from the officer who seized theproperty under the warrant if a detailed receipt of the propertyseized was left with the lawful occupants of the premises inwhose presence the search and seizure were made, or in theabsence of such occupants, whether he left a receipt in the placein which he found the seized property in the presence of at leasttwo witnesses of sufficient age and discretion residing in thesame locality, and should require that the property seized byvirtue of the warrant shall be delivered to the judge who issuedthe warrant. The judge should see to it that an accurate and trueinventory of the property seized duly verified under oath isattached to the return and filed with the court. (AdministrativeCircular No. 13, October 1, 1985; Revised Rules of CriminalProcedure, Rule 126, Secs. 10, 11 and 12 [a] and [b])

h) The return on the search warrant shall be filed and kept by theClerk of Court/Branch Clerk or Officer In Charge as custodian ofthe log book who shall also enter in the log book, the date of thereturn, the result, and such other actions the judge may havetaken thereon. (Administrative Circular No. 13, October 1, 1985;Revised Rules of Criminal Procedure, Rule 126, Sec. 12[c])

C. Guidelines on Night Court Sessions of MeTCs and MTCCs

1. Upon the request of the local government unit concerned, theExecutive Judges of the MeTCs or the MTCCs of the cities andmunicipalities comprising Metro Manila and of the cities of Baguio,Bacolod, Cagayan de Oro, Cebu, Davao and Iloilo may assign alljudges to hold night court sessions daily from Monday to Friday andon official holidays and special days, from four-thirty o’clock in theafternoon to eleven o’clock in the evening, on rotation basis, and inpairs of two, i.e., Branches 1 and 2, 3 and 4, and so on.

In case of the absence or inability of the assigned judge, the ExecutiveJudge shall designate a substitute judge to act in place of the absentjudge. In such a case, the substitute judge need not report for dutyat the time when his assigned schedule takes place. The absentjudge shall report for duty in his stead. (A.M. No. 03-8-02-SC, January27, 2004, Chapter V, Sec. 15)

2. The night court assignment shall not be limited to nighttimeapprehensions but shall also apply to special cases enumerated inthe Rule on Summary Procedure, as amended, which are raffled tothem in such manner as will insure an equitable caseload vis-a-vis

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the judges handling cases during regular hours. A rotation of nighttimeduty shall be made every six (6) months among all judges. (A.M.No. 03-8-02-SC, January 27, 2004, Chapter V, Sec. 15 [a])

3. In situations of extreme urgency, the Executive Judge shall takeimmediate appropriate action on cases of offenders arrested aftermidnight or after the night sessions. (A.M. No. 03-8-02-SC, January27, 2004, Chapter V, Sec. 15 [b])

4. The Executive Judge shall assign to the night court on rotation basisa cashier or cash clerk to receive cash payments of court fees,fines and costs, deposits for cash bail bonds and other related feespayable to the court. (A.M. No. 03-8-02-SC, January 27, 2004,Chapter V, Sec. 15 [c])

5. To achieve maximum efficiency in the process, the Executive Judgemay, in his sound judgment, call a meeting or dialogue with theresponsible officials of the provincial or city prosecution office, theChief of Police and representatives of other pillars of the criminaljustice system to a) coordinate with the court so as to avoid delaysin the proceedings; b) to inform them of the schedule of the branchesof the MeTCs or MTCCs assigned to hold night sessions; and c) tomake representations with the PNP and local government units toensure that appropriate security measures are adopted to protectjudges and their staff assigned to hold night sessions. (A.M. No. 03-8-02-SC, January 27, 2004, Chapter V, Sec. 15[d] and 16)

D. Guidelines on Jail Visitation and Inspection pursuant to A.M. No.07-3-02-SC dated October 14, 2008 (See Annex “L”)

1. In the course of the jail visitation and inspection, Executive Judgesshall:

(a) inquire into the condition of the facilities and services of provincial,city and municipal jails, youth detention homes and youthrehabilitation centers as well as other detention centers withintheir respective jurisdictions, such as but not limited to space/capacity, sanitary facilities, ventilation, food, medicines, accessto doctors, visiting hours and visitors allowed;

(b) order the segregation of (i) sexes; and (ii) minors from adultdetainees; and

(c) determine practices disadvantageous to adult prisoners/detaineesand children in conflict with the law, if any.

2. Executive Judges shall ensure that presiding judges of the first andsecond level courts under their supervision shall (a) personally visit

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and inspect at least once a month the condition of adult prisoners/detainees and children in conflict with the law whose cases arepending before their respective courts; and (b) submit to themmonthly reports on the jail visitation.

3. Executive Judges shall submit a compliance report every quarter,indicating the names of judges who do not (a) conduct jail visitationand inspection regularly; and/or (b) submit the required monthlyreport. Such compliance report shall be submitted to the CourtManagement Office, OCA, not later than the first fifteen (15) daysafter the last day of every quarter.

4. Executive Judges shall require jail wardens and heads of youthdetention homes and youth rehabilitation centers to submit to theiroffice a monthly report on the number of adult prisoners/detaineesand children in conflict with the law whose cases are pending beforethe courts under their jurisdiction, preferably by branch. They shallreconcile any discrepancy or conflict between the date reflected inthe inventory reports submitted by the presiding judge and the jailwarden or head of the youth detention center or youth rehabilitationcenter.

5. Executive Judges shall certify under oath that they personallyconducted the monthly jail visitation and that the entries in the reportare true and correct. The report shall be subscribed and sworn toby the executive judge concerned before his vice-executive judge/s,if any, or in case of the latter’s unavailablility, before the presidingjudge of the station nearest to his court, and should the distance oravailable mode of transportation be such as to make it impracticable,the declaration under oath may be done before a public prosecutoror a notary public, in this order.

6. All requests for transfer of high-risk or high-profile detainees to bettersecured jails shall be submitted for appropriate action to the ExecutiveJudge who has administrative supervision over the court in the placewhere the local jail in which the prisoner is currently detained. TheExecutive Judge shall act forthwith on such requests with notice tothe Presiding Judge of the court before which the case of the detainedprisoner is pending (Administrative Circular No. 68-2005, October27, 2005)

E. Guidelines on the Procedure for Collection of Docket Fees in B.P.22 and Estafa Cases and other Criminal Cases; Actions to be takenfor Non-Payment thereof

1. Under Sections 7, 8, 20 and 21 of Rule 141 of the Revised Rules ofCourt as amended, the appropriate docket fees shall be collected

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by the Clerks of Court of the Regional Trial Court or courts of the firstlevel in all civil actions impliedly instituted with criminal actions underRule 111 of the Revised Rules of Criminal Procedure in the followingmanner:

a) BP 22 Cases (OCA Circular No. 70-97, October 21, 1997)

1) The Office of the Clerk of Court shall receive the informationfiled by the Office of the Chief State Prosecutor or theProvincial/City Prosecution Office. Upon receipt, theinformation shall be entered in a separate record book andassigned an undocketed number (UDK No.) consisting of(a) the Investigation Slip No. (“I.S. No.”) appearing on thesaid information for easy identification; and (b) a number,starting, with No. 1 (Example: UDK No. 6789-1).

2) Thereafter, the Clerk of Court shall, by form letter (Annex“A”), notify and advise the complainant of (a) the filing of theinformation; and (b) the requirement as to the payment in fullof the filing fees under Circular No. 57-97 based upon thecomputation stated therein. The State Prosecutor, theProvincial/Assistant Provincial Prosecutor or the City/Assistant City Prosecutor who filed the information and therespondent shall be furnished with copies of theaccomplished form letter sent by the Clerk of Court.

3) The complainant shall have a period of ten days from receiptof the letter within which to pay the filing fees. Should thecomplainant fail to pay the filing fees within the ten-day periodstated herein, the case folder shall be archived upon writtenorder of the Executive Judge. After the lapse of two (2)months, the records may be disposed of after written orderof the Executive Judge.

4) Upon receipt of the filing fees under Circular No. 57-97, theinformation shall be entered in the court’s general docketbook and assigned the court case number. Thereafter, theClerk of Court shall cause the inclusion of the case in theraffle of cases.

5) In the event that the amount of the actual damages claimedexceeds the maximum amount of P200,000.00, the filing feesto be collected in excess of the aforementioned amount shallbe in accordance with the provisions of Section 7(a), Rule141 of the Rules of Court.

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b) Estafa Cases (OCA Circular 21-2003, February 3, 2003)

1) In multiple sala stations, the Branch Clerk of Court mustinform the Clerk of Court within fifteen (15) days from receiptof the records of the case whether or not the civil aspect ofthe estafa case has been instituted in the criminal case.

2) The Clerk of Court must send a notice, together with theassessment of the fees to be paid, to private complainant/swithin five (5) days from receipt of the information from theBranch Clerk of Court of the institution of the civil aspect inthe criminal case, requiring the private complainant/s to paythe appropriate docket fees within three (3) days from receiptof notice.

3) The Clerk of Court must immediately inform the Branch Clerkof Court of the fact of payment or non-payment, as the casemay be, of the appropriate docket fees.

4) Should the private complainant/s fail to pay the appropriatedocket fees within the given period, the matter must besubmitted to the court concerned for its consideration andappropriate action.

5) In single sala stations, the Clerk of Court must immediatelycollect the appropriate docket fees upon submission of themanifestation by the private complainant/s of the institutionof the civil aspect of the estafa case in the criminal case.

c) Other Criminal Cases when a Civil Action is Deemed Institutedwith the Criminal Action in Accordance with Section 1, Rule 111of the Revised Rules of Criminal Procedure because theOffended Party has not waived the Civil Action, or Reserved theRight to Institute it Separately, or Instituted the Civil Action priorto the Criminal Action.

1) When the amount of damages, other than actual, is allegedin the complaint or information filed in court, then thecorresponding filing fees shall be paid by the offended partyupon the filing thereof in court for trial. Only after paymentthereof shall the case be included in the raffle.

2) There are instances when litigants would claim for damagesother than those included in the complaint or information inthe course of the trial. Sec. 8 (a) of Rule 141 of the RevisedRules of Court provides that a corresponding docket fee mustbe paid for damages of whatever kind. Accordingly, it isnecessary that an additional docket fee must be collectedon the damages claimed during the trial but which were notspecified in complaint/information.

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3) In multiple sala stations, the judge concerned must informthe Clerk of Court within fifteen (15) days from the presentationof the evidence on the damages claimed by the litigant of thenature and amount of damages claimed. It is the duty of theExecutive Judge to supervise compliance by the judges.

4) The Clerk of Court must immediately send a notice, togetherwith the assessment of the fees to be paid, to the partyconcerned, requiring the latter to pay the correspondingdocket fees within fifteen (15) days from receipt of notice.

5) The Clerk of Court must immediately inform the Branch Clerkof Court concerned of the fact of payment or non-payment,as the case may be, of the corresponding docket fees.

6) Should the party concerned fail to pay the docket fees withinthe given period or before the rendition of judgment, the judgeconcerned must consider the docket fees as a lien on thejudgment by specifying the same in the fallo or dispositiveportion of the decision.

7) In single sala stations, the Clerk of Court must immediatelysend a notice, together with the assessment of the fees tobe paid, to the party concerned, requiring the latter to pay thecorresponding docket fees within fifteen (15) days fromreceipt of notice. In case of failure to pay, paragraph no. 4should apply.

VI. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF EXECUTIVEJUDGES IN COURT-ANNEXED MEDIATION AND OTHER ADRMECHANISMS

A. Background and Salient Features

1. On October 16, 2001, the Supreme Court En Banc promulgated aResolution in A.M. No. 01-10-5-SC-PHILJA, setting up structures andguidelines for the implementation and institutionalization of court-annexed mediation and other ADR mechanisms in the Philippines.

2. The program on Court-Annexed Mediation is complementary to theadjudicative process, intended to decongest and manage courtdockets properly.

3. The Supreme Court in the same Resolution designated the PhilippineJudicial Academy as its component unit for mediation and other formsof alternative dispute resolution (ADR) mechanisms in thePhilippines, and established the Philippine Mediation Center (PMC).

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4. PHILJA-PMC established, in coordination with OCA, units of thePhilippine Mediation Center (PMC) tasked to render mediationservices in court-houses, as mandated in A.M. No. 01-10-5-SC-PHILJA, October 16, 2001.

5. PHILJA directs and manages the Philippine Mediation Center (PMC).(Item No. 2, A.M. No. 01-10-5-SC-PHILJA, October 16, 2001)

6. The operational control and supervision over PMC units in Court-Annexed Mediation and other methods of ADR Mechanisms shall bewith PHILJA PMC Office, in coordination with the Office of the CourtAdministrator. (Item No. 4, A.M. No. 01-10-5-SC-PHILJA, October16, 2001) (Exercised by the Executive Judges in court stationspursuant to Sec. 1, Chapter 1, A.M. No. 03-8-02-SC)

On March 23, 2004, the Implementing Rules and Regulations onMediation in Trial Courts were approved by the Supreme Court EnBanc in a Resolution in A.M. No. 04-3-15-SC. Before the Resolutiontook effect, the Office of the Court Administrator issued Circular No.82-2001, November 12, 2001, directing Executive Judges to performfunctions, implementing mediation mandated in A.M. No. 01-10-5-SC-PHILJA, October 16, 2001.

B. Roles and Functions of Executive Judges in Court-AnnexedMediation and Other ADR Processes

Among others, the En Banc Resolution, A.M. No. 04-3-15-SC, March23, 2004, defines the roles and functions of Executive Judges with respectto Court-Annexed Mediation and other ADR Mechanisms; thus, ExecutiveJudges are directed to do the following:

1. Direct and periodically remind judges within the area of theiradministrative supervision, where PMC Units exist and areestablished to refer mediatable cases to mediation, pursuant to thesecond revised guidelines for the implementation of mediationproceedings (A.M. No. 01-10-5-SC-PHILJA, October 16, 2001)

a) The following cases are referable to mediation (A.M. 01-10-5-SC-PHILJA, 16 October 2001):

1) All civil cases, settlement of estates, and cases covered bythe rule on summary procedure, except those which maynot be compromised;

2) Cases cognizable by the Lupong Tagapamayapa under theKatarungan Pambarangay Law;

3) Civil aspect of B.P. 22 cases;

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4) Civil aspect of quasi-offenses under Title 14 of the RevisedPenal Code.

b) The following cases are declared by the Supreme Courtmediatable pursuant to Sec. 9, Rules 141 on Legal Fees, asamended (A.M. No. 04-2-04-SC, July 20, 2004, effective 16August 2004):

1) All civil cases, settlement of estates and cases covered bythe Rule on Summary Procedure except those cases whichby law may not be compromised. (Ex. Annulment of Marriage,etc.)

2) Cases covered by the Lupon Tagapamayapa under theKatarungang Pambarangay Law (P.D. 1508, amended byRA 7160)

3) Civil Aspect of BP 22.

4) Civil Aspect of Quasi-Offenses under Title 14 of the RevisedPenal Code, such as cases involving negligence andimprudence.

5) The civil aspect of Estafa and libel cases, where damagesare sought.

c) Simple theft cases are also mediatable. (A.M. No. 04-1-12-SC-PHILJA, January 20, 2004)

d) Mediation in above mentioned cases is, as a rule, a part of pre-trial.

Exceptions:

1) Pending cases past pre-trial but declared by the SupremeCourt as mediatable during a settlement period.

2) Pending civil cases past pre-trial upon joint motion of theparties.

Commentary:

a. To focus and emphasize the mandatory character of referral ofmediatable cases to mediation, Administrative Circular No.4-2004, issued on February 4, 2004, requires, among othermatters, the submission by Judges and Clerks of Court ofmonthly inventory of the number of cases referred to mediation,how many were settled and how many failed. (Role of CourtAdministrator, IRR on Mediation, March 23, 2004; AdministrativeCircular 4-2004, February 4, 2004).

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b. Mandatory referral of mediatable cases to mediation (in areaswhere there are PMC Units) is being strictly observed by trialcourts pursuant to existing court issuances.

2. In the course of establishing mediation centers in court stations,Executive Judges assist PHILJA-PMC in providing a permanentmediation office/space for the PMC unit within their respective areasof supervision.

3. Upon the initiative of the local government units, Executive Judgesmay arrange with the former to provide basic office space, equipmentand furniture for PMC units.

4. The Executive Judge shall encourage Judges and court personnelin court stations where PMC units and mediation services exist, toextend to mediators every possible support and assistance.

Commentary:

a. Contrary to an erroneous notion that mediation competes withthe functions of the court, Executive Judges, judges and courtpersonnel shall be one in supporting the program as it is merelycomplementary to ordinary court proceedings intended to assisttrial courts in decongesting court dockets, among others.

b. Moreover, mediation and other ADR mechanisms establishedand operating under existing resolutions and issuances of thecourt are now institutionalized processes as part of our courtsystem.

c. PMC Units are now serving our trial courts nationwide and theAppellate Courts in Manila, and in due time, Cebu and Cagayande Oro.

5. The Executive Judge directs the Clerk of Court to collect and depositmediation fees required to be collected and paid upon the filing ofcertain pleadings, to form the Mediation Fund pursuant to Sec. 9,Rule 141 of the Rules of Court, as amended.

Commentary on Mediation Fees (Rule 141, Sec. 9)

a. Mediation fees are collected as part of the legal fees. (Rule 141)

b. Collection and payment of mediation fees are mandatorypursuant to Sec. 1 and Sec. 9 of Rule 141 on Legal Fees whichtook effect on August 16, 2004.

c. Guidelines for collecting fees for the Mediation Fund under Sec.9, Rule 141, are contained in a Resolution of the Court En Banc

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A.M. No. 05-3-13-SC-PHILJA, July 5, 2005, and implementingcirculars issued by the Office of the Court Administrator.

d. Implementing guidelines for the utilization and disbursement ofthe Mediation Fund provided for in Sec. 9 of Rule 141 of theRules of Court on Legal Fees are provided by a Resolutionpromulgated by the Supreme Court En Banc in A.M. No. 05-3-25-SC-PHILJA, April 26, 2005.

e. The duty of the Clerk of Court to collect the Mediation Feesrequired in Sec. 9, Rule 141 of the Rules of Court on Legal Fees,is ministerial similar to the collection of other docket fees.

f. Deposit of Mediation Fund

i. For collections under Sec. 9, Rule 141, the Fund shall bedeposited as “SC-PHILJA-PMC Trust Fund” (Rule 141) underLBP Savings Account No. 3471-1000-08.

ii. For collections under A.M. No. 01-10-05-SC-PHILJA, the fundshall be deposited as “SC-PHILJA-PMC Trust Fund” underLBP Account No. 0592-1055-60

6. Executive Judges coordinate with PHILJA and PMC Office insupervising the PMC units as well as the activities of AccreditedMediators assigned.

7. Executive Judges shall ensure the proper implementation ofapproved mediation structure, procedures and guidelines in theirrespective areas of supervision, so as to institutionalize mediationand other ADR mechanisms in the Philippines.

8. The Executive Judge shall exercise such functions in relation tomediation and other ADR mechanisms, germane to his role definedin A.M. No. 04-3-15-SC, March 23, 2004, on existing ImplementingRules and Regulations on Mediation issued by the Supreme Court,and Guidelines defining the powers, prerogatives and duties ofExecutive Judges (A.M. No. 03-8-02-SC, effective February 15,2004, Chapter I, Sec. 1)

VII. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF EXECUTIVEJUDGES IN EXTRA-JUDICIAL FORECLOSURE OF MORTGAGE

A. Real Estate Mortgages under Act 3135 (1924), as amended

When a sale is made under a special power inserted in or attached toany real estate mortgage as security for the payment of money or

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fulfillment of any other obligation, the following shall govern as to mannerin which such sale shall be effected:

1. Said sale cannot be made legally outside of the province in whichthe property sold is situated; and in case the place within the provincein which the sale is to be made is the subject of stipulation, suchsale shall be made in said place or in the municipal building of themunicipality in which the property or part thereof is situated. (Act3135 [1924], Sec. 2)

2. Notice shall be given by posting notices of the sale for not less thantwenty days in at least three public places of the municipality or citywhere the property is situated, and if such property is worth morethan four hundred pesos, such notice shall also be published once aweek for at least three consecutive weeks in a newspaper of generalcirculation in the municipality or city. (Act 3135 [1924], Sec. 3)

3. The sale shall be made at public auction, between the hours of ninein the morning and four in the afternoon; and shall be under thedirection of the sheriff of the province or the municipality in whichsuch sale has to be made, or of a notary public of the said municipality.(Act 3135 [1924], Sec. 4)

4. At any sale, the creditor, trustee, or other person authorized to actfor the creditor, may participate in the bidding, and purchase underthe same conditions, as any other bidder, unless the contrary hasbeen expressly provided in the mortgage or trust deed under whichthe sale is made. (Act 3135 [1924], Sec. 5)

B. Chattel Mortgage under Act 1508, as amended

The mortgagee, his executor, administrator, or assign, may, after thirtydays from the time the condition of a chattel mortgage is broken, causethe mortgaged property, or any part thereof to be sold at public auctionby a public officer at a public place in the municipality where themortgagor resides, or where the property is situated, provided at leastten days notice of the time, place and purpose of such sale has beenposted at two or more public places in such municipality, and themortgagee, his executor, administrator, or assign, shall notify themortgagor or person holding under him and the persons holdingsubsequent mortgages of the time and place of sale, either by notice inwriting directed to him or left at his abode, if within the municipality, orsent by mail if he does not reside in such municipality at least ten daysprevious to the sale.

The officer making the sale shall, within thirty days thereafter, make inwriting a return of his doings and file the same in the office of the Registry

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of Deeds where the mortgage is recorded, and the Registry of Deedsshall record the same.

The return shall particularly describe the articles sold, and state theamount received for each article, and shall operate as a discharge ofthe lien thereon created by the mortgage. The proceeds of such saleshall be applied to the payment, first, of the costs and expenses of keepingand sale, and then to the payment of the demand or obligation securedby such mortgage, and the residues shall be paid to persons holdingsubsequent mortgages in their order, and the balance, after paying themortgages, shall be paid to the mortgagor or person holding under himon demand.

If the sale includes a large cattle, a certificate of transfer shall be issuedby the treasurer of the municipality where the sale was held to thepurchaser thereof.

(Act No. 1508 [1906], Sec. 14)

C. Applications for Extra-Judicial Foreclosure of Mortgage

All applications for extra-judicial foreclosure of mortgage, whether underthe direction of the Sheriff or a notary public pursuant to Act No. 3135(1924), as amended, and Act 1508 (1906), as amended, shall be filedwith the Executive Judge, through the Clerk of Court, who is also theEx-Officio Sheriff (A.M. No. 99-10-05-0, as amended, March 1, 2001;OCA Circular No. 7-2002, January 22, 2002, Sec. 1)

D. Duties of the Clerk of Court

Upon receipt of the application, the Clerk of Court, upon the supervisionof the Executive Judge, shall:

a. Examine the same to ensure that the special power of attorneyauthorizing the extra-judicial foreclosure of the real property is eitherinserted into or attached to the deed of real estate mortgage (ActNo. 3135 [1924], as amended, Sec. 1; OCA Circular No. 7-2002,January 22, 2002, Sec. 2[a])

b. Give a file number to the application and endorse the date and timeof its filing and thereafter docket the same, keeping, in this connection,separate docket books for extra-judicial foreclosure sales conductedby the Sheriff and those conducted by notaries public. (OCA CircularNo. 7-2002, January 22, 2002, Sec. 2 [b])

c. For the conduct of extra-judicial foreclosure of real estate or chattelmortgage under the direction of the sheriff, collect the appropriatefiling fees and issue the corresponding official receipt pursuant tothe following schedule:

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If the amount of the indebtedness or the mortgagee’s claim is:

(1) Less than P50,000.00 .................................................. P275.00(2) P50,000.00 or more but less than P100,000.00 ........... 400.00(3) P100,000.00 or more but less than P150,000.00 ......... 500.00(4) P150,000.00 or more but less than P200,000.00 ......... 650.00(5) P200,000.00 or more but less than 250,000.00 ...........1,000.00(6) P250,000.00 or more but less thanP300,000.00 ......... 1,250.00(7) P300,000.00 or more but less than P400,000.00 ........ 1,500.00(8) P400,000.00 or more but less than P500,000.00 ........ 1,750.00(9) P500.000.00 or more but less than P1,000,000.00 ..... 2,000.00(10) For each P1,000.00 in excess of P1,000,000.00 ........ 10.00

(Sec. 7 (c), Rule 141, Rules of Court, as amended by A.M. No. 00-2-01- SC, February 1, 2000; OCA Circular No. 7-2002, Sec. 2[c])

Cooperatives, thrift banks, and rural banks are not exempt from thepayment of filing fees and other fees under these guidelines (A.M. No.98-9-280-RTC, September 29, 1998; A.M. No. 99-3-93-RTC, April 20,1999, and A.M. No. 92-9-408-0; OCA Circular No.7-2002, January 22,2002; and OCA Circular No. 20-2004, February 10, 2004)

No written request/petition for extra-judicial foreclosure of mortgages,real or chattel, shall be acted upon by the Clerk of Court, as Ex-OfficioSheriff, without the corresponding filing fee having been paid and thereceipt thereof attached to the request/petition as provided in Section 7(c), of Rule 141 of the Rules of Court. (Administrative Circular No. 3-98,February 5, 1998, par. 2; OCA Circular No. 93-2004, August 12, 2004)

In case the application is for the extra-judicial foreclosure of mortgageof real estates and/or chattels in different locations covering one’sindebtedness, only one filing fee corresponding to such indebtednessshall be collected. The collecting Clerk of Court shall, apart from theofficial receipt for the fee, issue a certificate of payment indicating theamount of indebtedness, the filing fees collected, the mortgages soughtto be foreclosed, the real estates and/or chattels mortgaged and theirrespective locations, which certificate shall serve the purpose of havingthe application docketed with the Clerks of Court of the places wherethe other properties are located and of allowing the extra-judicialforeclosure to proceed thereat (A.M. No. 99-10-05-0, January 25, 2000,par. 2[e]; OCA Circular No. 7-2002, January 22, 2002, Sec. 2[d])

E. Assignment by Raffle

The application for extra-judicial foreclosure shall be raffled under the

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supervision of the Executive Judge, with the assistance of the Clerk ofCourt and Ex-Officio Sheriff, among all Sheriffs including those assignedto the Office of the Clerk of Court and Sheriffs assigned in the branchesof the court. A Sheriff to whom the case has been raffled shall be excludedin the succeeding raffles and shall participate again only after all otherSheriffs shall have been assigned a case each by raffle. (AdministrativeCircular No. 3-98, February 5, 1998; OCA Circular No. 7-2002, January22, 2002, Sec. 3)

F. Notice of Extra-judicial Sale

The Sheriff to whom the application for extra-judicial foreclosure ofmortgage is raffled shall prepare a Notice of Extra-judicial Sale usingthe following form:

“NOTICE OF EXTRA-JUDICIAL SALE

Upon extra-judicial petition for sale under Act 3135 (or Act1508) filed by ___________________________against_____________________________to satisfy the mortgageindebtedness which, as of __________________________,amounts to _________________________________, theundersigned Ex-Officio Sheriff (or the undersigned Sheriffduly authorized by raffle) will sell at public auction on__________________________at 10:00 a.m. or soonthereafter at the main entrance of_______________________to the highest bidder, for cashor manager’s check and in Philippine Currency, the followingproperty with all its improvements, to wit:

Description of Property

All sealed bids must be submitted to the undersigned on theabove stated date and time.

In the event the public auction shall not take place on thesaid date, it shall be held on ______________ without furthernotice.”

In case of foreclosure of real estate mortgage, the Sheriff shall causethe publication of the notice of sale by posting it for not less than twenty(20) days in at least three (3) public places in the municipality or citywhere the property is situated and if such property is worth more thanfour hundred (P400.00) pesos, by having such notice published once aweek for at least three (3) consecutive weeks in a newspaper of generalcirculation in the municipality or city (Sec. 3, Act 3135, as amended).The Executive Judge shall designate regular working day and definitetime each week during which said notice shall be distributed personally

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by him for publication to qualified newspapers or periodicals as definedin Sec. 1 of Presidential Decree No. 1079 (1997), which distributionshall be effected by raffle. (A.M. No. 01-1-07-SC, October 16, 2001;OCA Circular No. 7-2002, January 22, 2002, Sec. 4 b[1], first par.)

For real estate mortgages covering loans not exceeding P100,000.00,exclusive of interests due and unpaid, granted by rural banks (R.A .No.7353, Sec. 6) or thrift banks (R.A. No. 7906, Sec. 18), publication in anewspaper shall be dispensed with, it being sufficient that the notices offoreclosure are posted for a period of sixty (60) days immediatelypreceding the public auction in the most conspicuous areas of themunicipal building, the municipal public market, the rural bank, thebarangay hall, and the barangay public market, if any, where the landmortgaged is situated. Proof of publication shall be accomplished by anaffidavit of the Sheriff and shall be attached to the records of the case.(OCA Circular No. 7-2002, January 22, 2002, Sec. 4 b[1], 2nd par.)

In case of foreclosure of a chattel mortgage, the Sheriff shall post thenotice for at least ten (10) days in two (2) or more public places in themunicipality where the mortgagor resides or where the property issituated. (Act No. 1508 [1906], as amended, Sec. 14; OCA Circular No.7-2002, January 22, 2002, Sec. 4 b[2])

G. Conduct of Extra-judicial Foreclosure Sale

a. The bidding shall be made through sealed bids which must besubmitted to the Sheriff who shall conduct the sale between thehours of 9:00 a.m. and 4:00 p.m. of the date of the auction (Act3135, [1924], Sec. 4). The property mortgaged shall be awarded tothe party submitting the highest bid and, in case of a tie, an openbidding shall be conducted between the highest bidders. Paymentfor the winning bid shall be made either in cash or in manager’scheck, in Philippine Currency, within five (5) days from notice. (OCACircular No. 7-2002, January 22, 2002, Sec. 5[a])

b. The sale must be made in the province in which the real property issituated and, in case the place within the said province in which thesale is to be made is the subject of stipulation, such sale shall bemade in said place or in the municipal building of the municipality inwhich the property or part thereof is situated. (Act No. 3135 [1924],as amended, Sec. 2; OCA Circular No. 7-2002, January 22, 2002,Sec. 5[b])

In case of a chattel mortgage, the sale shall be made at a place or inthe municipality where the mortgagor resides or where the propertyis situated (Act No. 1508, [1906], Sec. 14, as amended; OCA CircularNo. 7-2002, January 22, 2002, Sec. 5[b]).

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H. Collection of Fees

After the sale, the Clerk of Court shall collect the appropriate feespursuant to Sec. 9 (l), Rule 141, as amended by A.M. No. 00-2-01-SC,computed on the basis of the amount actually collected by him, whichfee shall not exceed P100,000.00 (A.M. No. 99-10-05-0, March 1, 2001,2[d]). The amount paid shall not be subject to a refund even if theforeclosed property is subsequently redeemed. (OCA Circular No. 7-2002, January 22, 2002, Section 6)

I. Report of Sheriff/Notary Public

The Sheriff or the notary public who conducted the sale shall report thename/s of the bidder/s to the Clerk of Court before the issuance of thecertificate of sale. (A.M. 99-10-05-0, March 1, 2001, par. 5)

In case of foreclosure under Act No. 1508 (1906), the Sheriff shall, withinthirty (30) days from the sale, prepare a return and file the same in theOffice of the Registry of Deeds where the mortgage is recorded. (OCACircular No. 7-2002, January 22, 2002, Sec. 7)

J. Certificate of Sale

Upon presentation of the appropriate receipts, the Clerk of Court shallissue and sign the Certificate of Sale, subject to the written approval ofthe Executive Judge or, in the latter’s absence, the Vice Executive Judge.Prior to the issuance of the Certificate of Sale, the Clerk of Court shall,in extra-judicial foreclosure conducted under the direction of the sheriff,collect P300.00 as provided in Sec. 20[d], Rule 141, as amended, andin extra-judicial foreclosure sales conducted under the direction of anotary public, collect the appropriate fees pursuant to Rule 141, Sec.20[e], which amount shall not exceed P100,000.00. (A.M. No. 99-10-05-0, August 7, 2001; OCA Circular No. 7-2002, January 22, 2002, Sec.9)

No certificate of sale shall be issued in favor of the highest bidder untilall fees provided for in par. 3 of Sec. 9 (l) shall have been paid. Thesheriff shall attach to the records of the case a certified copy of theOfficial Receipt of the payment of the fees and shall note the O.R. numberin the duplicate of the Certificate of Sale attached to the records of thecase. (Administrative Circular No. 3-98, February 5, 1998; OCA CircularNo. 93-2004, August 12, 2004)

K. Records of Sale

After the Certificate of Sale has been issued to the highest bidder, theClerk of Court shall keep the complete records, while awaiting anyredemption within a period of one (1) year from the date of registration of

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the certificate of sale with the Register of Deeds, after which the recordsshall be archived (A.M. No. 99-10-05-0, March 1, 2001, 2[e]). Juridicalpersons whose property is sold pursuant to an extra-judicial foreclosureshall have the right to redeem the property until, but not later than, theregistration of the certificate of foreclosure sale which in no case shallbe more than three (3) months after foreclosure, whichever is earlier(R.A. 8791 [2000], Sec. 47).

VIII. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF EXECUTIVEJUDGES IN PERSONNEL ADMINISTRATION

A. Flag-Raising and Flag-Lowering Ceremonies

The Executive Judge shall supervise the holding of flag-raising and flag-lowering ceremonies in their respective Halls of Justice or courthousesin accordance with the provisions of Republic Act No. 8491, otherwiseknown as the “Flag and Heraldic Code of the Philippines,” and shallensure the attendance of all judges and court personnel in theseceremonies. The Executive Judge shall see to it that the Judiciary Hymnis sung during the flag-raising ceremony. A report on the absentees inboth ceremonies for every month shall be submitted to the Office of theCourt Administrator within the first ten (10) days of the succeeding month.(A.M. No. 03-802-SC, October 27, 2005, Chapter VII, Sec. 1; OCACircular No. 62-2001, September 27, 2001)

The relevant provisions of Republic Act No. 8491 (1998), provide, to wit:

“Sec. 18. All government offices and educational institutions shallhenceforth observe flag-raising ceremony every Monday morningand the flag-lowering ceremony every Friday afternoon. Theceremony shall be simple and dignified and shall include the playingor singing of the Philippine National Anthem.

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“Sec. 21. During the flag-raising ceremony, the assembly shall standin formation facing the flag. At the moment the first note of the anthemis heard, everyone in the premises shall come to attention; movingvehicles shall stop. All persons present shall place their right palmsover their chests, those with hats shall uncover; while those in military,scouting, security guard, and citizens military training uniforms shallgive salute prescribed by the regulations, which salute shall becompleted upon the last note of the anthem.

“The assembly shall sing the Philippine National Anthem,accompanied by a band, if available, and at the first note, the flag

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shall be raised briskly.

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“Sec. 22. During the flag lowering, the flag shall be lowered solemnlyand slowly so that the flag shall be down the mast at the sound ofthe last note of the anthem. Those in assembly shall observe thesame deportment or shall observe the same behavior as for theflag-raising ceremony.”

Sec. 25 of Republic Act 8491 (1998) prescribes the following as thePledge of Allegiance to the Philippine Flag to be recited during the flag-raising ceremonies right after the singing of the National Anthem:

AKO AY PILIPINO

BUONG KATAPATANG NANUNUMPA

SA WATAWAT NG PILILPINAS

AT SA BANSANG KANYANG SINASAGISAG

NA MAY DANGAL, KATARUNGAN AT KALAYAAN

NA PINAKIKILOS NG SAMBAYANANG

MAKA-DIYOS

MAKA-TAO

MAKAKALIKASAN AT

MAKABANSA.

At the flag-raising ceremonies on Mondays in all courts of the land, thePledge of Allegiance to the Philippine Flag shall be the oath of allegianceto be recited. (Memorandum Order No. 09-2004, January 28, 2004)

B. Compliance of Court Employees with the Guidelines on theWearing of the Prescribed Office Uniforms

The Executive Judge shall ensure that all court employees wear theprescribed uniforms in accordance with the schedule fixed by theSupreme Court. Non-wearing of office uniforms shall be allowed onlyfor special and very meritorious reasons. In multiple-branch courts, theExecutive Judge shall constitute a Uniform Committee composed ofthree (3) members, with the Clerk of Court as Chairperson, which shallact on all requests for exemption from wearing the prescribed uniforms.(A.M. No. 03-8-02-SC, January 27, 2004, Sec. 2)

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Identification Card (I.D.) forms part of the official uniform/appropriateoffice attire. Thus, it must be worn at all times while on official duty.(Memorandum Circular No. 06-2005, October 13, 2005)

C. Concerns of Judges

1. On Attendance of Judges Within His Area of Supervision

The Executive Judge shall report immediately to the Office of theCourt Administrator judges absent from their respective stations whohave not filed any application for leave or unable to discharge theirduties for any cause, including but not limited to, illness, injury ordisability.

The Vice Executive Judge shall likewise immediately report to theCourt Administrator should the Executive Judge go on leave withoutfiling the appropriate application for leave.

2. On Claims for Travel Expenses of Judges

The Executive Judge shall review and approve the itinerary of travel,and sign the certificate of travel completed by judges in support oftheir claims for travel expenses. In the certificate of travel completed,the Executive Judge shall certify that on the basis of the evidencepresented and on information of which he has knowledge, the travelwas actually undertaken.

The Executive Judge shall also certify as to the necessity and legalityof the claim involved. The Executive Judge shall sign in Box A of thedisbursement vouchers containing the certification that the expensesincurred by the claimant were necessary, lawful and incurred underhis direct supervision.

3. On Hardship and Additional Expense Allowances

Executive Judges shall certify as to the necessity and legality of theclaims of judges for hardship and additional expense allowances.The Executive Judge shall sign in Box A of the disbursement voucherscontaining the certification that the expenses incurred by the claimantwere necessary, lawful and incurred under his direct supervision.

4. Immersion Program for Newly Appointed Judges

The Executive Judge supervises the conduct of immersion programof newly appointed judges in his administrative area of supervision.

D. Administrative Discipline

1. Disciplinary Jurisdiction Over Light Offenses

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The Executive Judge shall have authority to act upon and investigateadministrative complaints involving light offenses as defined underthe Civil Service Law and Rules (Administrative Code of 1987), andthe Code of Conduct and Ethical Standards for Public Officials(Republic Act No. 6713 [1989]), where penalty is reprimand,suspension for not more than thirty (30) days or a fine not exceedingthirty (30) days’ salary, and as classified in pertinent Civil Serviceresolutions or issuances, filed by a judge against a court employee,except lawyers who both work in the same station within the ExecutiveJudge’s area of supervision; or by a court employee against anothercourt employee, except lawyers who both work in the same stationwithin the Executive Judge’s area of administrative supervision.

2. Employees Charged with Violation of Existing Laws on Graft andCorruption and Suspended Pursuant to Sec 13 of RA 3019 [1960]

The Executive Judge shall require the judges in his area of supervisionto submit the list of employees criminally charged under a validInformation for violation of RA 3019 [1960] as amended or under theRevised Penal Code on bribery and related crimes and who havebeen suspended pursuant to the Sec 13 of RA 3019 [1960], andsubmit the report to the Office of the Court Administrator.

3. Personnel Matters

a) Daily Attendance of Court Personnel in the Office of the Clerk ofCourt (OCC)

The Executive Judge certifies to the correctness of the certificatesof service and daily time records of the Clerk of Court and otherpersonnel in the Office of the Clerk of Court.

b) Recommendations for Appointment to Vacancies

The Executive Judge makes recommendations for appointmentto vacancies in the Office of the Clerk of Court and transmits tothe Office of the Court Administrator the recommendation of thejudges in the vacancies in the branches.

c) Reassignment/Detail of Lower Court Personnel

The Executive Judge reassigns lower court personnel within hisarea of supervision, copy furnished the Office of AdministrativeServices (OAS) and Financial Management Office (FMO) of theOffice of the Court Administrator.

d) Performance Rating of Court Personnel

The Executive Judge ensures compliance with the performance

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evaluation system established for the personnel of the lowercourts by requiring all Presiding Judges to submit the performancerating of all employees supervised by them

E. Constitution of the OCA Performance Evaluation ReviewCommittee (PERC) in the Lower Courts pursuant to OCA CircularNos. 10-2001 and 94-2001, February 1 and December 11, 2001,respectively.

The Executive Judge ensures compliance with the performanceevaluation system established for the personnel of the lower courts byrequiring all Presiding Judges to submit the performance rating of allemployees supervised by them

F. Grievance Machinery for the Lower Courts pursuant to OCACircular No. 03-2006, January 5, 2006. (See Annex “E”)

The Executive Judge:

1. serves as Chairperson of the Performance Evaluation ReviewCommittee (PERC) for the multiple-branch first and second levelcourts and Offices of the Clerk of Court.

2. serves as the Chairperson of the Employee Grievance Committeefor multiple branch first and second level courts

G. Committee on Decorum and Investigation

The Executive Judges shall constitute the Committee on Decorum andInvestigation which shall receive and inquire into sexual harassmentcomplaints in accordance with the Rule on Administrative Procedure inSexual Harassment Cases and Guidelines on Proper Work Decorum inthe Judiciary pursuant to A.M. 03-03-13-SC, which took effect on January3, 2005, and its Amendment set forth in OCA Circular No. 58-2006, March27, 2006. (See Annex “F”)

IX. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF EXECUTIVEJUDGES ON FINANCIAL MANAGEMENT

A. Legal Fees and Guidelines in the Allocation of Legal Fees pursuantto A.M. 04-2-04-SC effective August 16, 2004, and AmendedAdministrative Circular 35-2004, August 20, 2004.

The Executive Judge shall:

a) Ensure that all court fees are collected and are deposited under thesavings account with the government depository bank and deposits

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are made in the name of the court and not in the name of the judgeor clerk of court.

b) Keep a record of the government depositary bank’s name, branch,complete address, and the savings and current account numbers.

c) Act as signatory to all checks issued by the Clerk of Court and to allbank slips for authorized withdrawals of any money or monies fromthe court.

d) Designate the Clerk of Court or his assistant, if any, to monitor thecollection, deposit or remittance of all court collections of all firstlevel courts within his area of supervision.

e) Ensure that only regular employees of the court who are duly bondedact as cash clerks or cashiers authorized to receive payments offees, fines, costs, bail bonds and other related fees.

B. Reporting of Court Collections

The Executive Judge shall also ensure that monthly reports of allcollections (JDF and General Fund) are made not later than the 10thday of each succeeding month. The reports shall be in accordancewith the provisions of OCA Circular No. 47-7 issued on July 28, 1997,and OCA Circular No. 32-93 issued on May 28, 1993.

C. Financial Audit of Court Collections

The Executive Judges shall coordinate with the Court Management Officeof the Office of the Court Administrator for the conduct of financial auditof court collections.

X. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF EXECUTIVEJUDGES ON NOTARIES PUBLIC

A. Appointment and Supervision of Notaries Public (See Annex “G”)

The Executive Judge shall:

a) Act on all applications/renewal for notarial commissions and issuecommissions to qualified notaries public, and certificate of authorizationto purchase a notarial seal which shall be valid for three (3) years fromdate of issue unless extended.

b) Keep and maintain a Register of Notaries Public, and furnish the Officeof the Court Administrator information and data recorder in the saidRegister.

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c) Issue authorization to sell to a vendor or manufacturer of notarial sealsafter verification of the latter’s qualification and payment of the requiredfees.

d) Require lawyers appointed as notaries public to personally appear beforethem to take their oath before entering upon the discharge of their dutiesas such notaries public.

e) Monitor closely the activities of the notaries public.

f) Ensure that the notaries public render notarial services only in theirrespective offices, subject to exceptional occasions or situationsprescribed by the existing laws on notarial practice.

g) Impose appropriate administrative sanctions against erring notariespublic, including, but not limited, to the non-renewal, withdrawal,revocation or cancellation of their commissions.

Upon receipt of notice that the official seal is stolen, lost, damaged orotherwise rendered unserviceable in affixing a legible image, theExecutive Judge shall order the notary public to cause the notice of lossor damage to be published for three (3) consecutive weeks in anewspaper of general circulation in the city or province where the notarypublic is commissioned, and thereafter, shall issue a new certificate ofauthorization to purchase a notarial seal.

Within five (5) days from notice of the death or resignation of the notarypublic, or the revocation or expiration of the notarial commission, theofficial seal shall be surrendered to the Executive Judge who shall destroyor deface said seal in public during office hours. The same procedureshall be applied in case the missing, lost or damaged seal is later foundor surrendered.

XI. SPECIFIC DUTIES OF EXECUTIVE JUDGES ON ACCREDITATIONOF NEWSPAPERS AND PERIODICALS

A. Guidelines in the Accreditation of Newspapers and Periodicals Seekingto Publish Judicial and Legal Notices and Other Similar Announcementsand in the Raffle Thereof pursuant to both En Banc Resolution A.M. No.01-1-07, October 16, 2001 and OCA Circular No. 78-2005, July 29, 2005.(See Annexes “H” and “I)

The Executive Judge performs the following tasks:

a) Acts on all applications for accreditation to publish judicial andlegal notices and other similar announcements in accordancewith the guidelines prescribed by the existing court issuances.

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b) Distributes through raffle judicial notices or advertisements forpublication to accredited newspapers or periodicals.

c) Determines the rates of publication charges.

B. Accreditation of Two or More Newspapers of the Same Owner is notallowed under both OCA Circular Nos. 62-2003, June 2, 2003 and 71-2006, April 21, 2006.

C. Clarification on the Guidelines in the Accreditation of Newspapers andPeriodicals pursuant to OCA Circular No. 27-2002, June 25, 2002)

The Executive Judge suspends or revokes accreditation of a newspaperor periodical for failure to comply with the requirements for saidaccreditation.

XII. SPECIFIC DUTIES OF EXECUTIVE JUDGES ON ACCREDITATIONOF BONDING COMPANIES

1. Accreditation of surety companies

In order to preclude spurious and delinquent surety companies fromtransacting business with the courts, no surety company or its authorizedagents shall be allowed to transact business involving surety bonds withthe Regional Trial Courts, Shari’a District Courts, Metropolitan Trial Courts,Municipal Circuit Trial Courts, Shari’a Circuit Courts, unless accreditedand authorized by the Office of the Court Administrator.

2. Executive Judges shall submit a monthly report to Legal Office, Officeof the Court Administrator, on total amount of obligations incurred byinsurance/bonding companies or agencies that fail to satisfy claimsagainst them in connection with confiscated/forfeited bonds.

3. Executive Judges shall likewise monitor the submission by the courtswithin their respective areas of administrative supervision of the monthlyreport on the inventory of forfeited cash, surety and property bonds inboth civil and criminal cases.

(See Guidelines on Corporate Surety Bonds, A.M. No. 04-7-02-SCdated July 20, 2004, effective August 16, 2004, Annex “J”)

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XIII. SPECIFIC DUTIES OF EXECUTIVE JUDGES ON COURT PROPERTYAND OTHER MATTERS

A. Monthly Submission of Inventory Report and Submission of EstimatedConsumption of Office Supplies - Circular No. 37-2002, March 15, 2002and OCA Circular No. 39-2007, April 23, 2007, respectively.

The Executive Judge monitors, with the assistance of the Clerk of Court,the monthly accomplishment and submission by all clerks of court, branchclerks of court and accountable officers, of inventory of office suppliesand official court forms to the Property Division, Office of the CourtAdministrator, within five (5) days after the end of every month.

B. Physical Inventory of Court Issued Properties Pursuant to OCA CircularNo. 57-98, November 9, 1998.

The Executive Judge supervises the conduct of the physical inventoryof properties assigned to every branch, office and library, and the promptaccomplishment and submission of inventory reports.

C. Distribution and Dissemination of Court Issuances

The Executive Judge distributes and disseminates all administrativeissuances of the Supreme Court and the Office of the Court Administratorto the judges within his administrative area of supervision, and monitorsthe compliance therewith.

D. Sale of Disposed Court Records, Papers and Exhibits

The Executive Judge acts as witness to the sale of the disposed courtrecords, papers and exhibits. (See Guidelines in the Disposal and/orDestruction of Court Records, Papers and Exhibits, Administrative OrderNo. 120-2007, July 25, 2007, Annex (“K”)

E. Use of Court Libraries

The Executive Judge ensures strict compliance with the rules andguidelines on the use of the court library. (Administrative Circular No.37-2002, August 12, 2002)

F. Halls of Justice and Courthouses

The Executive Judge determines if the Halls of Justice and courthousesare provided with adequate court facilities and problems relating to theircondition and maintenance as well as if the janitorial and security servicestherein are attended to regularly, and informs the SC Committee on theHalls of Justice concerning the problems that may be encountered fromtime to time to the facilities and maintenance of the Hall of Justice andcourthouses.

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The use of Halls of Justice for residential or commercial purpose isprohibited (Administrative Circular No. 3-92, August 31, 1992)

Likewise, gambling or engaging in other forms of gambling within Courtpremises is prohibited. (Memorandum Circular No. 09-2007, June 18,2007)

G. Posting of Guidelines on the Solemnization of Marriage

The Executive Judge causes the required posting of copies of theguidelines on the solemnization of marriage in conspicuous places inthe Halls of Justice or courthouses and on the bulletin board at theentrance of the courtroom of each court.

H. Bar Relations

Executive Judges shall conduct dialogues and conferences at least onceevery semester with the officers of the local chapters of the IntegratedBar of the Philippines in their respective areas of administrativesupervision. At these dialogues and conferences, Executive Judgesshall discuss with the IBP officers problems confronting lawyers, andstudy and adopt methods and solutions to enable both the Bench andBar to work together in the speedy resolution of cases.

I. Annual Report

Executive Judges shall submit their respective annual reports to theCourt Management Office, Office of the Court Administrator, on or before30 January of the following year.

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Annex “A”

EN BANC RESOLUTION

A.M. NO. 03-8-02-SC

GUIDELINES ON THE SELECTION AND DESIGNATIONOF EXECUTIVE JUDGES AND DEFINING THEIR

POWERS, PREROGATIVES AND DUTIES

Chapter I. The Executive Judge

SECTION 1. The Executive Judge. – The Executive Judge shall take chargeof the administrative work of the Supreme Court in all first and second levelcourts. The Executive Judge derives his/her powers and prerogatives throughdelegation by the Supreme Court.

Chapter II. Executive Judges for the First and SecondLevel Courts

SECTION 1. Designation of Executive and Vice-Executive Judges; RegionalTrial Courts (RTCs). – (a) In stations where there is only a single RTC branch,the Presiding Judge thereof shall automatically be the Executive Judge of thefirst level courts within his administrative area.

(b) In stations where there are more than two RTC branches, the SupremeCourt or whoever it may authorize to do so shall select and designateExecutive Judges and Vice-Executive Judges on the basis ofadministrative qualifications, experience, ability and seniority in thestation, unless otherwise provided herein.

Any judge who has been found guilty in an administrative case shall bedisqualified from designation as either Executive Judge or Vice-ExecutiveJudge within a period of four (4) years after his receipt of a copy of thedecision or resolution in the administrative case.

(c) The Executive Judges of multiple-branch RTCs shall act as ExecutiveJudges of single-branch Metropolitan Trial Courts (MeTCs) and MunicipalTrial Courts in Cities (MTCCs) as well as of all Municipal Trial Courts(MTCs) and Municipal Circuit Trial Courts (MCTCs) within their respectiveadministrative areas.

SEC. 2. Number of Vice-Executive Judges; Regional Trial Courts. – Vice-Executive Judges shall be designated to multiple-branch RTCs in accordancewith the following rule:

(a) RTCs with 3 to 10 branches shall have one (1) Vice-Executive Judge;

(b) RTCs with 11 to 21 branches shall have two (2) Vice-Executive Judges;and

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(c) RTCs with 22 branches or more shall have three (3) Vice-ExecutiveJudges.

RTCs with only two (2) branches shall have no Vice-Executive Judge.

SEC. 3. Acting Executive Judge; Absence of RTC Executive Judge. –Whenever the Executive Judge is on official leave of absence or is not physicallypresent in the station, the following shall automatically act as Executive Judge:

(a) In single-branch RTC stations, the Executive Judge of the RTC of thenearest station in the province.

In case there is only one RTC judge in the province, the Executive Judgeof the nearest RTC station as determined in Annex “A” of these Guidelines.

(b) In two-branch stations, the remaining judge in the station, and in defaultof both for the same reasons, the Executive Judge of the same level ofthe court in the nearest station in the province. The RTC of the neareststation in the province shall be determined in accordance with Annex “A”of these Guidelines.

(c) In multiple-branch stations with three (3) or more branches, the 1stVice-Executive Judge, and in default for the same reasons, the 2nd Vice-Executive Judge, shall act as Executive Judge. In default of these threejudges for the same reasons, as above mentioned, the 3rd Vice-Executive Judge shall act as Executive Judge.

Whenever the Executive Judge and all the Vice-Executive Judges areon official leave of absence or are not physically present in the station,the judge who is the most senior in tenure among the permanent judgesin the station shall automatically act as Executive Judge. Should therebe two or more judges of equal seniority in the station, the judge who isthe most senior in the judiciary shall act as Executive Judge. Shouldthere be two or more judge of equal seniority in the judiciary, the judgewho is the most senior in age in the station shall act as Executive Judge.

In all the above instances, the Acting Executive Judge shall so act untilthe Executive Judge returns or until the detail by the Supreme Court ofanother Judge who will act as Executive Judge.

SEC. 4. Executive Judges of groups of single-branch RTCs. – TheExecutive Judge of a multiple-branch RTC may be designated by the SupremeCourt to act as Executive Judge of a grouping of single-branch RTCs. TheExecutive Judge so designated shall have the same powers, prerogatives andduties as the Executive Judges mentioned in Section 1 of this Chapter overthe single-branch RTCs comprising the grouping determined by the SupremeCourt. However, the Presiding Judges of the single-branch RTCs shall continueto be the Executive Judges of the first level courts within their respectiveadministrative areas.

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SEC. 5. Executive Judges of Shari’a District Courts. – The Presiding Judgeof a Shari’a District Court shall automatically be the Executive Judge thereof.He shall serve as Executive Judge of the Shari’a Circuit Courts within his district.

SEC. 6. Executive Judges of multiple-branch Metropolitan Trial Courts(MeTCs) and Municipal Trial Courts in Cities (MTCCs). – Multiple-branch MeTCsand MTCCs shall have their own Executive Judges and Vice-Executive Judgeswho shall be designated and shall discharge their duties in accordance with thepertinent provisions of these Guidelines. In MeTCs and MTCCs with only two(2) branches, only an Executive Judge shall be designated.

SEC. 7. Number of Vice-Executive Judges in MeTCs and MTCCs. – Vice-Executive Judges shall be appointed to multiple-branch MeTCs and MTCCs inaccordance with the following rule:

(a) MeTCs and MTCCs with 3 to 10 branches shall have one (1) Vice-Executive Judge;

(b) MeTCs and MTCCs with 11 to 21 branches shall have two (2) Vice-Executive Judges; and

(c) MeTCs and MTCCs with 22 branches or more shall have three (3) Vice-Executive Judges.

However, no Vice-Executive Judge shall be designated in MeTCs and MTCCswith only two (2) branches.

Chapter III. Common Provisions

SECTION 1. Term of office of Executive Judges and Vice-ExecutiveJudges. – The Executive Judges and Vice-Executive Judges shall serve for aterm of two (2) years, unless their designations are revoked earlier by theSupreme Court. They may subsequently be re-designated to the samepositions.

SEC. 2. Vice-Executive Judges; Succession to position of Executive Judge.– Unless the Supreme Court designates another judge as Executive Judge, thefollowing shall automatically become the Executive Judge in case of the death,retirement, permanent disability, removal from office, the imposition ofadministrative penalty as provided for in Section 5 of this Chapter, resignationor expiration of the term of office of the Executive Judge:

The Vice-Executive Judge in stations with only one Vice-Executive Judge;

The 1st Vice-Executive Judge in stations with two or more Vice-ExecutiveJudges. Should the 1st Vice-Executive Judge become the Executive Judgepursuant to this Section, the 2nd Vice-Executive Judge shall, in turn, alsoautomatically become the 1st Vice-Executive Judge, and so on, unless theSupreme Court appoints other judges as 1st, 2nd, or 3rd Vice-Executive Judges.

SEC. 3. Entitlement to expense allowances. – All Executive Judges shallbe entitled to an expense allowance at the rates prescribed in Section 4 of this

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Chapter. Any Vice-Executive Judge who acts as Executive Judge wheneverthe latter is on official leave of absence or is not physically present in the stationshall be entitled to the expense allowances of the Executive Judge correspondingto the period when he/she served as Acting Executive Judge.

SEC. 4. Rates of expense allowances. – Executive Judges shall each beentitled to monthly expense allowances at the following rates:

[a] RTCs:

Executive Judges of courts with forty (40) or more branches – P4,000.00;

Executive Judges of courts with twenty (20) or more but less than forty(40) branches – P3,000.00;

Executive Judges of courts with ten (10) or more but less than twenty(20) branches – P2,250.00;

Executive Judges of courts with two (2) or more but less than ten (10)branches - P1,500.00; and

Executive Judges of single-branch courts – P 1,000.00

[b] Shari’a District Courts :

Executive Judges of Shari’a District Courts – P1,000.00.

[c] MeTCs and MTCCs:

Executive Judges of courts with twenty (20) or more branches –P2,250.00;

Executive Judges of courts with ten (10) or more but less than twenty(20) branches – P1,500.00; and

Executive Judges of courts with two (2) or more but less than ten (10)branches - P 1,000.00;

The Chief Justice may, from time to time as the needs arise, review therules herein prescribed and increase them.

SEC. 5. Effect of administrative penalty. – The imposition upon an ExecutiveJudge or Vice-Executive Judge of an administrative penalty of at least a reprimandshall automatically operate to divest him of his position as such.

Chapter IV. General Powers, Prerogatives and

Duties of Executive Judges

SECTION 1. Executive Judges; general powers, prerogatives and duties.– Executive Judges shall, within their respective area of administrativesupervision:

[a] Provide leadership in, and coordinate with the management of the firstand second level courts;

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[b] Exercise supervision over the judges and personnel;

[c] Balance the workload among the courts and maintain equitabledistribution of cases in accordance with relevant existing issuances;

[d] Recommend and implement policies concerning court operations;

[e] Identify, address and resolve problems in court administration which donot require any intervention by the Supreme Court or the CourtAdministrator;

[f] Direct, through the Clerk of Court, the undertaking of staff supportactivities to improve judiciary services in accordance with relevant existingissuances;

[g] Initiate, propose, and supervise the implementation of professionaldevelopment programs for judicial personnel that the Philippine JudicialAcademy, in coordination with the Office of the Court Administrator, mayundertake;

[h] Exercise such other powers and prerogatives as may be necessary orincidental to the performance of their functions in relation to courtadministration; and

[i] Perform such other functions and duties as may be assigned by theSupreme Court or the Court Administrator.

Chapter V. Specific Powers, Prerogatives and Duties ofExecutive Judges in Judicial Supervision

SECTION 1. Designation of judges of the first level courts to try cases. –(a) The Executive Judge of the RTC shall have authority to designate a municipaljudge within his/her area of administrative supervision to try cases of other courtsof the first level within said area of administrative supervision in case of officialleave of absence, inhibition, disqualification or preventive suspension of themunicipal judge concerned, or of permanent or temporary vacancy in theposition. Such designation shall be effective immediately, unless revoked bythe Supreme Court.

The Executive Judge shall furnish the Office of the Court Administrator withcopies of the orders of designation effected under this Section within five (5)days from the date of such designation.

(b) The Executive Judge of the RTC may recommend to the Supreme Courtthe assignment of judges of the MeTCs, MTCCs, MTCs AND MCTCs to hearand determine cadastral or land registration cases in accordance with theprovisions of Section 4 of Republic Act No. 7691, entitled “An Act Expanding theJurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts and MunicipalCircuit Trial Courts, Amending for the Purpose Batas Pambansa Blg. 129,Otherwise Known as the ‘Judiciary Reorganization Act of 1980’.”

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SEC. 2. Raffle of cases. – All cases filed with the first and second levelcourts in stations with two or more branches shall be assigned or distributed tothe different branches by raffle. No case shall be assigned to any branch of amultiple-branch court without being raffled. Raffling of cases shall be regularlyconducted at two o’clock in the afternoon every Monday and/or Thursday aswarranted by the number of cases to be raffled.

SEC. 3. Supervision over the raffle of cases; creation of the RaffleCommittee. – The Executive Judge shall constitute the Raffle Committee andshall personally supervise the raffling and assignment of all cases. All membersof the Raffle Committee must be personally present before the Committee cantransact business. No delegation to any personnel shall be made by any of themember of the Raffle Committee.

(a) In two-branch courts, the Raffle Committee shall be composed of theExecutive Judge and the Presiding Judge of the other branch.

(b) In multiple-branch courts, the Raffle Committee shall be composed ofthe Executive Judge, the Vice-Executive Judges and two (2) other judgesdesignated by the Executive Judge. The designation shall be effectedstrictly on rotation basis. Should any of the judges designated as memberof the Raffle Committee be absent, his pairing judge shall personallyattend the raffle.

(c) In both instances, the Raffle Committee shall be assisted by the Clerkof Court and two (2) stenographers.

SEC. 4. Procedure in the raffle of cases. – The following procedure shallbe observed in the conduct of the raffle of cases:

(a) Notice of day and hour of the raffle. – Notice of the day and hour of theraffle shall be posted prominently (1) on the bulletin boards of the Hall ofJustice or courthouse; (2) at a conspicuous place at the main door ofthe session hall of the Executive Judge; and (3) on the bulletin board ofthe Office of the Clerk of Court.

(b) Filing of cases with the Office of the Clerk of Court. – When a case isfiled with the Office of the Clerk of Court, the date and time of filing aswell as the date/s and number/s of the official receipt/s for the legal feespaid and the amount of such fees shall be indicated on the cover, aswell as on the first page of the pleading, together with its assigned docketnumber. The docket number shall follow a sequential order correspondingto the date and time of the filing of the case. The docket number and thedate/s and number/s of the official receipt/s for the legal fees paid, aswell as the amount of the said fees, shall be entered in the Docket Record.

Upon its filing, the case shall be immediately encoded in the standbydiskette prepared for cases to be raffled to avoid delay in the preparationof the raffle list.

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(c) Listing of cases. – The cut-off period for the inclusion of cases in the listshall be twelve o’clock noon of the day of their filing to allow sufficienttime for the preparation of a complete raffle list for posting and distributionof copies to all judges before the raffle. The Clerk of Court shall furnisheach judge in the court with a copy of the raffle list at least thirty (30)minutes before the scheduled raffle.

The list of cases to be raffled shall be arranged according to the sequenceof their docket numbers.

There shall be a list for criminal cases and another for civil cases.

The list of criminal cases shall first enumerate those exclusivelycognizable by special courts designated as heinous crimes courts,followed by those cases cognizable by family courts, special courts fordrug cases, special commercial courts and other special courts in thatorder.

The list of civil cases shall first enumerate the cases cognizable by thecourts designated as family courts, followed by those cognizable byspecial commercial courts, and other special courts.

The raffle list shall be prominently posted (1) at the main entrance of thesession hall of the Executive Judge and (2) on the bulletin board of theOffice of the Clerk of Court.

(d) Conduct of the raffle. – The raffle shall be undertaken with the use of aroulette or a bingo tambiolo, if the former is not available, in open courtin the presence of lawyers and the public. The raffle shall be conductedat the lawyers’ table, by the Executive Judge personally and with theattendance of the members of the Raffle Committee. Under nocircumstance shall any raffle be made in chambers.

The members of the Raffle Committee shall each confirm in open courtthe branch to which a case is raffled before the next draw is made.

The two (2) stenographers shall record accurately the raffle proceedingsand shall state in the minutes thereof, among other things, the names ofall those required to be present and the parties attending, if any. Thestenographers shall immediately but not later than twenty-four (24) hoursthereafter transcribe, duly accomplish and sign the minutes of the raffleproceedings.

(e) Indication of case assignment. – Immediately after the raffle of eachcase, the Executive Judge shall indicate the particular branch to whichthe case is assigned, the same to be written in words and in figures onthe upper left hand corner of the first page of the original complaint or

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information and initialed by the Executive Judge and all members of theRaffle Committee.

(f) Verification of accuracy of assignment of cases. – Every judge sitting inthe Raffle Committee shall then affix his/her initials on the upper lefthand corner of the first page of the initial pleading, but only after athorough verification of the accuracy of the assignment of the cases tothe branches drawn in the raffle. The Executive Judge shall be the lastto affix his initials as herein required and only after proper verification ofthe accuracy of the entries in the minutes.

(g) Review and countercheck of entries in the minutes. – Every judge sittingin the Raffle Committee shall review the entries in the minutes andcountercheck them with his/her own entries in his/her list before signingon every page thereof. He/she shall not affix his/her signature thereonunless he/she has thoroughly verified the accuracy of the entries in theminutes.

(h) Immediate distribution of records of raffled cases. – After the raffle, theClerk of Court shall immediately distribute the case records to thebranches to which the cases have been raffled.

(i) Posting and distribution of copies of the minutes. – A copy of the minutesof the raffle proceedings showing the case numbers and the branchesto which they have been assigned, duly certified by the Executive Judgeand signed by the members of the Raffle Committee, shall immediatelybe posted on the bulletin boards of the Executive Judge and the Clerk ofCourt. Each branch of the court shall be furnished with copies of theminutes. A copy of the minutes shall also be sent to the CourtManagement Office of the Office of the Court Administrator.

SEC. 5. Exclusion of vacant branches from raffle. – All vacant brancheswithout regular judges shall be excluded from the raffle. However, once thevacancies are filled, the Executive Judge shall ensure that newly-filed casesshall be raffled to all the branches on a 6:2:1 ratio as follows: six (6) newly-filedcases to each of the newly filled branches; two (2) newly-filed cases to theexisting branch or branches; and one (1) newly-filed case to the branch of theExecutive Judge, until such time when the newly filled branches in the stationshall have been assigned such number of cases as will be equivalent to thenumber of cases raffled to the other branches during the period of vacancy.

SEC. 6. Special raffle and action on urgent matters. – As a rule, there shallbe no special raffle of any case except in petitions for the writ of habeas corpus,applications for bail in cases where the complaint or information has not yetbeen filed with the court, applications for the issuance of a temporary restrainingorder (TRO), cases involving foreign tourists, cases with motions for specialraffle accompanied by a motion for reduction of bail, and applications for theissuance of search warrants subject to the provisions of Section 11 of thisChapter.

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The special raffle shall be conducted upon written application of a party. Acertification granting or denying the application and citing the reason/s thereforshall be issued accordingly. Such certification shall be attached to the recordof the case or expediente immediately after the initial pleading and shall formpart of the record of the case. For expediency, the Executive Judge shall beallowed to write his action on the application if there are no other reasons asidefrom those mentioned in the application.

If the application is granted, the special raffle shall be held in the sessionhall of the Executive Judge in the presence of the members of the RaffleCommittee scheduled to sit on the date of raffle, or, if not available, the membersof the Raffle Committee of the next regular raffle. The phrase “special raffle”shall be written on the upper left-hand corner of the complaint or information inthe same manner provided for in Section 4(e) and (f) of this Chapter. A certificationto the effect that a special raffle was duly held and that the case was assignedto the branch drawn in the process shall be issued and signed by all the membersof the Raffle Committee.

The date and time of the raffle shall be written on the front cover of therecord of the case or expediente and on the first page of the initial pleading andsigned by the members of the Raffle Committee.

In the preparation of the list of cases to be included in the next regular raffle,the Clerk of Court shall include the cases specially raffled prior to the scheduledregular raffle, indicating therein the branch to which these cases have beenassigned. Except as stated above, all other procedures outlined above shall beobserved.

If the application for special raffle is denied, the case shall be included in thelist of cases for the next regular raffle.

SEC. 7. Raffle of cases involving the issuance of temporary restrainingorders (TRO). – When an application for a TRO is included in a complaint orany initiatory pleading, the case, if filed in a multiple-branch court, shall be raffledonly after notice to the adverse party. Such notice shall be preceded, orcontemporaneously accompanied, by service of summons, together with a copyof the complaint or initiatory pleading and the applicant’s affidavit, upon theadverse party in the Philippines.

However, where the summons could not be served personally or bysubstituted service despite diligent efforts, or the adverse party is a resident ofthe Philippines but is temporarily absent therefrom, or is a nonresident thereof,the requirement of prior or contemporaneous service of summons shall notapply.

The application for a TRO shall be acted upon only after all parties havebeen given the opportunity to be heard in a summary hearing conducted withintwenty-four (24) hours after the sheriff’s return of service and/or the records are

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received by the branch selected by raffle. The records shall be transmittedimmediately after raffle to the branch involved.

Should the matter be of extreme urgency and the applicant will suffer graveinjustice and irreparable injury, the Executive Judge of the multiple-branch courtmay issue ex-parte a TRO effective only for seventy-two (72) hours from issuancebut he/she shall immediately comply with the requirements as to service ofsummons and the documents to be served therewith and forthwith raffle thecase in the presence of the parties. Thereafter, before the expiration of theseventy-two (72) hours, the Presiding Judge of the branch to which the case isassigned shall conduct a summary hearing to determine whether or not theTRO can be extended for another period until a hearing in the pending applicationfor preliminary injunction can be conducted. In no case shall the total period ofthe TRO exceed twenty (20) days, including the original seventy-two (72) hoursfor the TRO issued by the Executive Judge.

SEC. 8. Raffle and re-assignment of cases in ordinary courts where judgeis disqualified or voluntarily inhibits himself/herself from hearing case. – (a)Where a judge in a multiple-branch court is disqualified or voluntarily inhibitshimself/herself, the records shall be returned to the Executive Judge and thelatter shall cause the inclusion of the said case in the next regular raffle for re-assignment. A newly filed case shall be assigned by raffle to the disqualified orinhibiting judge to replace the case so removed from his/her court.

(b) Where the judge in a single-branch first level court is disqualified orvoluntarily inhibits himself/herself, the Order of Inhibition shall beforwarded to the Executive Judge who shall by raffle designate anotherjudge within his/her area of administrative supervision to hear and decidethe case, taking into consideration the accessibility of the courts involved.The Executive Judge shall immediately furnish the Court Administratorwith a copy of the designation within five (5) days from the issuancethereof.

(c) Where the judge in a single-branch RTC is disqualified or voluntarilyinhibits himself/herself, the Order of Inhibition shall be transmitted to thepairing judge who shall then hear and decide the case. The determinationof the pairing judge shall be in accordance with Annex “A” hereof.

Where the pairing judge who sits in a single-branch RTC is also disqualifiedor voluntarily inhibits himself/herself, the matter shall be referred by the Clerk ofCourt to the Executive Judge of the nearest multiple-branch RTC in accordancewith Annex “A”, or, in his/her absence, to the Vice-Executive Judge thereof forassignment by raffle among the judges in the station. The Clerk of Court shallimmediately furnish the Court Administrator with a copy of the said referralwithin five (5) days from release thereof.

SEC. 9. Raffle and re-assignment of cases in special courts where judgeis disqualified or voluntarily inhibits himself/herself from hearing case. – (a)Where a judge in a court designated to try and decide cases falling within the

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jurisdiction of family courts, criminal cases involving heinous crimes, casesinvolving violations of the Dangerous Drugs Act, or cases falling within thejurisdiction of special commercial courts, is disqualified or voluntarily inhibitshimself/herself from hearing a case, the following guidelines shall be observed:

(i) Where there is only one special court in the station, the pairing systemfor multiple-branch stations subject of Circular No. 7 dated 23 September1974, as amended, shall apply; and

(ii) Where there are more than two special courts of the same nature in thestation, the Executive Judge shall immediately assign the case by raffleto the other or another special court of the same nature. In case thePresiding Judge of the other special court is also disqualified or inhibitshimself/herself, the case shall be forwarded to the pairing judge of thespecial court which originally handled the said case. If the pairing judgeis also disqualified or inhibits himself/herself, the case shall be raffled tothe other regular courts. At the next raffle, an additional case shall beassigned to the disqualified or inhibiting judge/s to replace the case soremoved from his/her/their court.

(b) In case of consolidation of cases to a branch, the cases transferredshall be replaced only by means of raffle.

SEC. 10. Issuance of search warrants in ordinary criminal cases. – Allapplications for search warrants, if filed with the Executive Judge, shall beassigned by raffle to a judge within his area of administrative supervision, underwhose direction the search warrant shall be issued for the search and seizureof personal property. After the application shall have been raffled and transmittedto a branch, the Judge assigned to conduct the examination of the complainantand witnesses shall immediately act on the same, bearing in mind that timeand confidentiality of information are important considerations in the issuanceof search warrants.

Raffling shall be strictly enforced, except only in cases where an applicationfor search warrant is filed directly with any judge in whose jurisdiction the placeto be searched is located, after office hours or during Saturdays, Sundays andlegal holidays, in which case the applicant shall be required to certify under oaththe urgency of the issuance thereof after office hours, or during Saturdays,Sundays or legal holidays.

SEC. 11. Issuance of search warrants in special criminal cases filed withmultiple-branch courts. – All applications for search warrants in criminal casesrelating to crimes against public order as defined by the provisions of ChaptersI to VII, Title Three, Book Two of the Revised Penal Code, as amended, illegalpossession of firearms and ammunitions, violations of the ComprehensiveDangerous Drugs Act of 2002 and such similar laws as may subsequently beenacted and deemed by the Supreme Court as included herein shall no longerbe raffled and shall immediately be taken cognizance of and acted upon by theExecutive Judges of multiple-branch RTCs, MeTCs, and MTCCs under whose

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jurisdiction the place to be searched is located. For expediency, the ExecutiveJudge may assign on rotation basis the Vice-Executive Judges to take cognizanceof and act on such applications.

The provisions of this Section shall apply only to cases falling within therespective jurisdictions of the aforementioned courts.

Whenever the Executive Judge is on official leave of absence or is notphysically present in the station, the Vice-Executive Judge shall take cognizanceof and personally act on the applications for search warrants. Whenever theExecutive Judge and the Vice-Executive Judge/s are on official leave of absenceor are not physically present in the station, the application may be takencognizance of and acted upon by the judge who is the most senior in tenureamong the permanent judges in the station. If there are two or more judges ofequal seniority in tenure, the application may be acted upon by the judge who isthe most senior in the judiciary. If there are two or more judges of equal seniorityin the judiciary, the application may be acted upon by the judge who is the mostsenior in age in the station.

SEC. 12. Issuance of search warrants in special criminal cases by theRegional Trial Courts of Manila and Quezon City. – The Executive Judges and,whenever they are on official leave of absence or are not physically present inthe station, the Vice-Executive Judges of the RTCs of Manila and Quezon Cityshall have authority to act on applications filed by the National Bureau ofInvestigation (NBI), the Philippine National Police (PNP) and the Anti-Crime TaskForce (ACTAF), for search warrants involving heinous crimes, illegal gambling,illegal possession of firearms and ammunitions as well as violations of theComprehensive Dangerous Drugs Act of 2002, the Intellectual Property Code,the Anti-Money Laundering Act of 2001, the Tariff and Customs Code, asamended, and other relevant laws that may hereafter be enacted by Congress,and included herein by the Supreme Court.

The applications shall be personally endorsed by the heads of such agenciesand shall particularly describe therein the places to be searched and/or theproperty or things to be seized as prescribed in the Rules of Court. The ExecutiveJudges and Vice-Executive Judges concerned shall issue the warrants, ifjustified, which may be served in places outside the territorial jurisdiction of thesaid courts.

The Executive Judges and the authorized Judges shall keep a special docketbook listing the names of Judges to whom the applications are assigned, thedetails of the applications and the results of the searches and seizures madepursuant to the warrants issued.

This Section shall be an exception to Section 2 of Rule 126 of the Rules ofCourt.

SEC. 13. Assignment and raffling of cases to newly-created and organizedbranches. – (a) Whenever a branch has been created, organized and added to

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the court in a station, the Executive Judge shall see to it that only newly-filedcases are raffled to the said branch. There shall be no unloading of previouslyraffled cases to these newly-created branches.

Whenever two or more branches have been created, organized and addedto the court in a station, the Executive Judge shall ensure that the newly-filedcases shall be raffled on a 6:2:1 ratio, as follows: six (6) newly-filed cases to thenewly created and organized branches; two (2) newly-filed cases to the existingbranch or branches; and one (1) newly-filed case to the branch of the ExecutiveJudge, until such time when the number of cases raffled to each branch in thestation shall have reached the average caseload of each branch. The ExecutiveJudge shall determine the average caseload of each branch by dividing the totalnumber of cases pending in the station by the number of branches thereat,including those newly created-and organized.

The Court Administrator shall prescribe a separate procedure for stationswith unusually heavy caseloads.

SEC. 14. Action on petitions for bail and other urgent matters on Saturdays,Sundays, official holidays and special days. – The Executive Judges of theMeTCs and MTCCs with multiple branches shall assign by rotation the judgesof the said branches to report for duty on Saturdays from eight o’clock in themorning to one o’clock in the afternoon, assisted by a skeletal force of thepersonnel, also on rotation, primarily to act on petitions for bail and other urgentmatters.

The Executive Judges shall act on petitions for bail and other urgent matterson Saturday afternoons after one o’clock in the afternoon, Sundays, officialholidays and special days. Should bail be granted and the applicant depositscash as bail, the Executive Judge shall acknowledge in writing and issue atemporary receipt therefor and shall remit immediately the amount received tothe Clerk of Court who shall issue the appropriate official receipt therefor on thenext succeeding business day.

Executive Judges of the RTCs shall assign by rotation the judges of theMTCs in multiple-branch stations and MCTCs within their respective territorialareas to report for duty on Saturdays from eight o’clock in the morning to oneo’clock in the afternoon, assisted by a skeletal force of the personnel, also onrotation, primarily to act on petitions for bail and other urgent matters.

SEC. 15. Holding of night sessions in cities and municipalities comprisingMetro Manila and in other cities. – Upon the request of the local governmentunit concerned, the Executive Judges of the MeTCs or the MTCCs of the citiesand municipalities comprising Metro Manila and of the cities of Baguio, Bacolod,Cagayan de Oro, Cebu, Davao and Iloilo may assign all judges to hold nightcourt sessions daily from Monday to Friday and on official holidays and specialdays, from four-thirty o’clock in the afternoon to eleven o’clock in the evening,on rotation basis, and in pairs of two, i.e, Branches 1 and 2, 3 and 4, and so on.

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In case of the absence or inability of the assigned judge, the Executive Judgeshall designate a substitute judge to act in place of the absent judge. In such acase, the substitute judge need not report for duty at the time when his/herassigned schedule takes place. The absent judge shall report for duty in his/her stead.

(a) The assignment under this Section shall not be limited to nighttimeapprehensions but shall also apply to special cases enumerated in theRule on Summary Procedure, as amended, which are raffled to them insuch manner as will insure an equitable caseload vis-à-vis the judgeshandling cases during regular hours. A rotation of nighttime duty shallbe made every six months (6) among all judges.

(b) In situations of extreme urgency, the Executive Judge shall takeimmediate appropriate action on cases of offenders arrested aftermidnight or after the night session.

(c) The Executive Judge shall assign to the night court on rotation basis acashier or cash clerk to receive cash payments of court fees, fines andcosts, deposits for cash bail bonds and other related fees payable to thecourt.

(d) To achieve maximum efficiency in the process, the Executive Judgemay, in his/her sound judgment, call a meeting or dialogue with theresponsible officials of the provincial or city prosecution office, the Chiefof Police and representatives of other pillars of the criminal justice systemto coordinate with the court so as to avoid delays in the proceedings.

SEC. 16. Duties of Executive Judges of the Regional Trial Courts of thecities and municipalities comprising Metro Manila and in other cities. – TheExecutive Judges of the RTCs in the cities and municipalities comprising MetroManila and in the cities of Baguio, Bacolod, Cagayan de Oro, Cebu, Davao andIloilo shall inform the field offices of the Philippine National Police (PNP) and theprovincial or city prosecution offices within their jurisdiction of the following:

(a) The provisions of Administrative Circular No. 2-99 dated 15 January 1999(Strict Observance of Working Hours and Disciplinary Action forAbsenteeism and Tardiness), especially the assignment of judges onduty every Saturday and the court’s duty to act on bailable offenses onSaturday afternoons, Sundays, and non-working holidays; and

(b) The schedule of the branches of the MeTCs or MTCCs assigned to holdnight sessions.

The Executive Judge shall also make representations with the PNP andlocal government units to ensure that appropriate security measures are adoptedto protect judges and their staff assigned to hold night sessions.

SEC. 17. Authority to act on applications for bail in offenses cognizable bythe Sandiganbayan. – The Executive Judge of the RTC where an informationresulting from inquest investigations of offenses cognizable by the

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Sandiganbayan conducted by authorized prosecutors within their territorialjurisdiction has been filed shall have authority to approve the application of theaccused for bail, except in offenses punishable by death, reclusion perpetua, orlife imprisonment, and to order his release from detention subject to furtherorders by the Sandiganbayan. This authority does not include the power to acton any motion for reduction of the amount of the bail recommended by theprosecutor.

Chapter VI. Judicial Audit

SECTION 1. Judicial audit and physical inventory of cases. – The Office ofthe Court Administrator (OCA) shall conduct periodic judicial audit of the firstand second level courts. For this purpose, Executive Judges shall give theOCA utmost cooperation and support to ensure the success of the program.

The OCA may direct the Executive Judges concerned to provide supportstaff from personnel in their area of administrative supervision to the judicialaudit team from the OCA.

Chapter VII. Specific Powers, Prerogatives and Duties ofExecutive Judges in Personnel Administration

SECTION 1. Flag-raising and flag-lowering ceremonies. – The ExecutiveJudge shall supervise the holding of flag-raising and flag lowering ceremoniesin their respective Halls of Justice or courthouses in accordance with theprovisions of Republic Act No. 8491, otherwise known as the “Flag and HeraldicCode of the Philippines,” and shall ensure the attendance of all judges andcourt personnel in these ceremonies. The Executive Judge shall see to it thatthe Judiciary Hymn is sung during the flag-raising ceremony. A report on theabsentees in both ceremonies for every month shall be submitted to the Officeof the Court Administrator within the first ten (10) days of the succeeding month.

SEC. 2. Compliance of court employees with the guidelines on the wearingof the prescribed office uniforms. – The Executive Judge shall ensure that allcourt employees wear the prescribed uniforms in accordance with the schedulefixed by the Supreme Court. Non-wearing of office uniforms shall be allowedonly for special and very meritorious reasons. In multiple-branch courts, theExecutive Judge shall constitute a Uniform Committee composed of three (3)members, with the Clerk of Court as Chairperson, which shall act on all requestsfor exemption from wearing the prescribed uniforms.

SEC. 3. Report on judges absent from their stations or unable to dischargeduties. – The Executive Judge shall report immediately to the Court Administratorthe judges absent from their respective stations who have not filed any applicationfor leave or unable to discharge their duties for any cause, including, but notlimited to, illness, injury, or disability.

The Vice-Executive Judge shall likewise immediately report to the CourtAdministrator should the Executive Judge go on leave without filing theappropriate application for leave.

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SEC. 4. Certification of certificates of service and daily time records. –The Executive Judge shall certify to the correctness of (a) the Certificates ofService prepared and submitted by clerks of court in the Offices of the Clerks ofCourt in the RTCs; and (b) the entries in the Daily Time Records/Bundy Cardsof the employees in his/her court.

The Executive Judge shall ensure strict observance of office hours andsession hours as required in pertinent Supreme Court issuances.

SEC. 5. Recommendations for appointment to vacancies. – The ExecutiveJudge shall apprise the Supreme Court of vacancies and requirements foradditional court personnel within his/her area of administrative supervision.

(a) Recommendations for appointment to vacancies in the branch of a courtshall be made by the Presiding Judge or the Acting Presiding Judgethereof and submitted to or coursed through the Executive Judge fortransmittal to the Office of Administrative Services (OAS) in the OCA forconsideration or deliberation by the Selection and Promotion Board forthe Lower Courts (SPB-LC).

(b) Recommendations for appointment to vacancies in the Office of theClerk of Court shall be made by the Executive Judge concerned.Executive Judges shall base their recommendation on merit and fitnessas required in Section 32, Chapter 5, Subtitle A, Title 1, Book V of theAdministrative Code of 1987 (Executive Order No. 292) Civil ServiceCommission Memorandum Circular No. 3, s. 2001, and the provisionsof SC Administrative Circular No. 50-2001 entitled “Establishing the MeritSelection and Promotion Plan for the Lower Courts (MSPP-LC).”

(c) In making recommendations to vacant positions, the Executive Judgeshall also take into consideration the requirements under the RevisedQualification Standards of the Civil Service Commission. As much aspossible, the recommendees must possess all the qualifications/requirements prescribed by law and/or civil service rules and regulationsfor the position to be filled up. In determining the relevance of theeducation and experience requirements, reference shall be made to theduties and responsibilities attached to the positions and the occupationalgroupings where they belong.

(d) If there is more than one applicant for any position and all have met thequalifications therefor, the Presiding Judge or Executive Judge concernedshall recommend two or more in the order of his preference.

(e) The Executive Judge or the Presiding Judge/Acting Presiding Judge, asthe case may be, shall forward to the OAS, OCA all other applicationsfor appointment submitted to his/her office for inclusion in the deliberationsof the SPB-LC.

(f) The Executive Judge or the Presiding Judge/Acting Presiding Judge shallnot allow his/her recommendee to assume the duties of the position to

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which he/she has been recommended for appointment before theissuance of his/her appointment except in meritorious cases indorsedby the Court Administrator and approved by the Chief Justice.

SEC. 6. Reassignment of lower court personnel. – (a) Executive Judges ofthe RTCs shall continue to have authority to effect the following temporaryassignments within his/her area of administrative supervision:

i. Personnel of one branch to another branch of a multiple-branch court;

ii. Personnel of one branch of a multiple-branch court to the Office of theClerk of Court;

iii. Personnel of a single-branch first level court to another single-branchfirst level court;

iv. Personnel of a single-branch first level court to a branch of a multiple-branch second level court.

Reassignments can be made only in case of vacancy in a position in abranch, or when the interest of the service so requires. In either case, theassignment shall be made only after consultation with the Presiding Judges ofthe branches concerned. In case of any disagreement, the matter shall bereferred to the OCA for resolution.

(b) Executive Judges of multiple-branch MeTCs and MTCCs shall havethe authority to temporarily reassign personnel of one branch to another branchof the multiple-branch court within their respective areas of administrativesupervision.

(c) If requested by a judge or a court employee, a reassignment shall beallowed only for meritorious reasons or when the exigencies and the interest ofthe service require it. No request for reassignment for purely personal reasonsshall be granted.

(d) The reassignment of court employees shall be allowed only for amaximum period of one (1) year in the case of employees occupyingprofessional and technical positions. In the case of other employees,reassignment beyond one (1) year may be allowed provided it is with the consentof the reassigned employee.

(e) A request for reassignment shall include the specific reasons for thedetail or reassignment sought. The request should also have therecommendation of (1) the Presiding Judge of the branch of the court to wherethe employee seeks to be reassigned; and (2) the Presiding Judge of the branchof the court to which the employee requesting the reassignment belongs.

(f)The Office of Administrative Services (OAS) and Financial ManagementOffice (FMO) of the OCA shall be furnished with copies of all Orders ofreassignment within five (5) days from issuance thereof.

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SEC. 7. Performance Evaluation System for Judges. – Executive Judgesshall submit the performance rating for a six-month or semestral period, thefirst of which shall cover the period from 1 January to 30 June and the secondshall cover the period from 1 July to 31 December, of the following judges inaccordance with the provisions of OCA Circular No. 29-2003 dated 21 March2003:

a) Presiding Judges of multiple-branch RTCs within their area ofadministrative supervision;

b) Presiding Judges of single-branch RTCs identified by the CourtAdministrator;

c) Presiding Judges of multiple-branch MeTCs and MTCCs within their areaof administrative supervision; and

d) Presiding Judges of the MTCs and MCTCs within their area ofadministrative supervision.

The rating for the first semestral period shall be made in July of the sameyear, while the rating for the second semestral period, in January of thesucceeding year. Executive Judges shall submit the performance ratings ofthe judges for the first semestral period to the Office of the Court Administratornot later than 10 August of the same year; and those for the second semestralperiod, not later than 10 February of the succeeding year.

Vice-Executive Judges of multiple-branch courts may be assigned by theExecutive Judges to assist in rating the performance of judges.

The performance of Executive Judges of the RTCs, MeTCs and MTCCsshall be rated by the Deputy Court Administrator who has supervision over theirstation.

SEC. 8. Performance Evaluation System for court personnel. – TheExecutive Judge shall ensure compliance with the performance evaluationsystem established for the personnel of lower courts. The Executive Judgeshall require all Presiding Judges within his administrative supervision to submitthe performance rating of all employees supervised by them as follows:

a) The performance rating of each employee for the first semester of thecurrent year covering the period from 1 January to 30 June shall besubmitted on or before 31 July of the same year; and

b) The performance rating for the second semester of the current yearcovering the period from 1 July to 31 December shall be submitted onor before 31 January of the following year.

SEC. 9. Performance Evaluation Review Committee. – The ExecutiveJudge shall serve as Chairperson of the Performance Evaluation ReviewCommittee (PERC) for the multiple-branch first and second level courts andOffices of the Clerk of Court.

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SEC. 10. Grievance Committee for Lower Courts. – The Executive Judgeshall organize the Grievance Committee for the Lower Courts (GCLC) inaccordance with the pertinent Supreme Court issuances.

SEC. 11. Committee on Decorum and Investigation. – The Executive Judgeshall constitute the Committee on Decorum and Investigation which shall receiveand inquire into sexual harassment complaints in accordance with the proceduresprescribed by relevant laws, rules, regulations and issuances.

SEC. 12. Dissemination of administrative issuances and monitoringcompliance therewith. – (a) The Executive Judge shall be responsible for thedistribution and dissemination of all administrative orders and circulars issuedby the Supreme Court, the Chief Justice and the Office of the Court Administratorto all the judges within his/her area of administrative supervision. The ExecutiveJudge shall submit to the Office of the Court Administrator a report on thedistribution within ten (10) days from the date of dissemination. He shall attachto the report the proof of service, such as acknowledgement receipts, of thecopies thereof to the judges.

(b) The Executive Judge shall monitor the implementation of the issuancesby the courts within his/her area of administrative supervision. For this purpose,he/she may conduct dialogues with the Presiding Judges and examine courtrecords and documents to determine whether or not the officials and employeesof the courts have complied with the issuances.

SEC. 13. Physical inventory of court properties. – Executive Judges shallsupervise, within their respective area of administrative supervision, the conductby Clerks of Court and all accountable officers of the courts of a physicalinventory of properties assigned to their respective branches, offices and librariesas of 31 December of every year and the prompt accomplishment andsubmission of such inventory reports to the Property Division, Office ofAdministrative Services, Office of the Court Administrator, for compilation into aconsolidated Inventory Report. The inventory reports shall be submitted on orbefore 31 January of the succeeding year.

SEC. 14. Inventory reports on office supplies and official forms. – ExecutiveJudges, with the assistance of their Clerks of Court, shall monitor the monthlyaccomplishment and submission by all clerks of court, branch clerks of courtand accountable officers of Inventory Report forms covering office suppliesand official court forms to the Property Division, Office of Administrative Services,Office of the Court Administrator, within five (5) days after the end of everymonth in accordance with OCA Circular No. 37-2002 dated 15 March 2002.

SEC. 15. Witness to sale of disposed court records, papers and exhibits.– The Executive Judge or the Clerk of Court and the Resident Auditor of thelower courts shall be present during the conduct of the sale of disposed records,papers and exhibits in accordance with the prescribed procedure. If the sale ismade in provincial courts, the Executive Judge and Clerk of Court shall be present

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during the conduct of the sale along with the representative of the Commissionon Audit in the area.

SEC. 16. Use of court libraries. – The Executive Judge shall ensure strictcompliance with the rules and guidelines on the use of court libraries as containedin Administrative Circular Nos. 14-99 and 37-2002 dated 30 September 1999and 12 August 2002, respectively. These rules specify who are allowed to usecourt libraries and their facilities, borrowing privileges, available library materials,prohibited acts and applicable penalties.

SEC. 17. Halls of Justice and courthouses. – The Executive Judge shalldetermine if (a) the Halls of Justice and courthouses are provided with adequatecourt facilities; and (b) the problems relating to their condition and maintenance,as well as of the janitorial and security services therein, are attended to. TheExecutive Judge shall inform the Committee on the Halls of Justice, SupremeCourt, of the adequacy or inadequacy of the court facilities and the problems inthe Halls of Justice and courthouses constructed and completed, repaired orrehabilitated under the Justice System Infrastructure Program (JUSIP) as wellas in court buildings donated by the local government units to the SupremeCourt. The local government officials concerned shall be apprised of theproblems concerning the courthouses belonging to local government units.

SEC. 18. Violations of Circular No. 9-98 on the statutory requirements formarriage. – Executive Judges shall cause the posting of copies of Circular No.9-98 (Re: Observance of the Statutory Requirements for Marriages and thePrescribed Amounts of Fees for the Solemnization of Marriage) in conspicuousplaces in their respective courts and shall immediately report to the CourtAdministrator any violation of the provisions thereof.

Chapter VIII. Administrative Discipline

SECTION 1. Disciplinary jurisdiction over light offenses. – The ExecutiveJudge shall have authority to act upon and investigate administrative complaintsinvolving light offenses as defined under the Civil Service Law and Rules(Administrative Code of 1987), and the Code of Conduct and Ethical Standardsfor Public Officials and Employees (Republic Act No. 6713), where the penaltyis reprimand, suspension for not more than thirty (30) days, or a fine notexceeding thirty (30) days’ salary, and as classified in pertinent Civil Serviceresolutions or issuances, filed by (a) a judge against a court employee, exceptlawyers, who both work in the same station within the Executive Judge’s areaof administrative supervision; or (b) a court employee against another courtemployee, except lawyers, who both work in the same station within theExecutive Judge’s area of administrative supervision.

In the preceding instances, the Executive Judge shall conduct the necessaryinquiry and submit to the Office of the Court Administrator the results thereofwith a recommendation as to the action to be taken thereon, including the penaltyto be imposed, if any, within thirty (30) days from termination of said inquiry. Athis/her discretion, the Executive Judge may delegate the investigation of

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complaints involving light offenses to any of the Presiding Judges or court officialswithin his/her area of administrative supervision.

In the case of a complaint (a) filed against court employees who are lawyers,or (b) filed by private complainants against court employees, lawyers and non-lawyers alike, the same shall be forwarded by the Executive Judge to the Officeof the Court Administrator for appropriate action and disposition.

Administrative complaints involving light offenses filed against court officialswho are members of the Philippine Bar shall be governed by the Resolutiondated 17 September 2002 of the Supreme Court En Banc in A.M. No. 02-9-02-SC captioned as “Re: Automatic Conversion of some Administrative CasesAgainst Justices of the Court of Appeals and the Sandiganbayan; Judges ofRegular and Special Courts; and Court Officials Who are Lawyers asDisciplinary Proceedings Against Them Both as Such Officials and as Membersof the Philippine Bar.”

SEC. 2. Employees charged with violation of existing laws on graft andcorruption and suspended pursuant to Section 13, Rep. Act No. 3019. –Executive Judges shall require judges within their areas of administrativejurisdiction to submit a list of employees criminally charged under a validInformation for violation of Republic Act No. 3019, as amended, otherwise knownas the Anti-Graft and Corrupt Practices Act, or under the provisions of the RevisedPenal Code on bribery and related crimes, and who have been suspendedpursuant to the provisions of Section 13 of Rep. Act No. 3019. All judges shallsubmit the list, together with a copy of the suspension order and Information, tothe Executive Judge who shall forthwith submit a report on each list submittedto him/her to the Office of the Court Administrator as soon as he/she receivesthe same.

Chapter IX. Specific Powers, Prerogatives and Duties ofExecutive Judges on Financial Management

SECTION 1. Release of Salary Checks. – Executive Judges of the courtswithin Metro Manila may designate a liaison officer to receive all checks for his/her particular area of administrative supervision.

SEC. 2. Deposit and Reporting of Court Collections. – Executive Judgesshall ensure that all collections pertaining to the Judiciary Development Fund(JDF) and the General Fund are promptly deposited in accordance with existingauditing and accounting rules and regulations and other Supreme Courtissuances. They shall also ensure that monthly reports of all collections (JDFand General Fund) are made not later than the 10th day of each succeedingmonth. The report shall be in accordance with the provisions of Circular No.47-97 issued on 28 July 1997 and Circular No. 32-93 issued on 28 May 1993.

SEC. 3. Account in depositary bank and signatory to checks. – ExecutiveJudges shall make sure that (a) all collections are deposited under a savingsaccount with the government depositary bank; and (b) deposits are made in thename of the court and not in the name of the Presiding Judge or Clerk of Court.

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Should a current account be opened, the Executive Judge shall make sure thata savings account is also maintained with automatic fund transfer arrangement.Executive Judges shall keep a record of the bank’s name, branch, completeaddress and the savings and current account numbers.

The Executive Judge shall always be a signatory to all checks issued by theClerk of Court and to all bank slips for authorized withdrawals of any money ormonies from the court.

SEC. 4. Monitoring of court collections. – Executive Judges shall designatethe Clerk of Court or his assistant, if any, to monitor the collection, deposit orremittance of all court collections of first level courts within his area ofadministrative supervision. The designated official shall ensure that collectionsof the first level courts concerned have been properly recorded and remitted tothe appropriate accounts by the respective Clerks of Court of such courts.

The Executive Judge shall also ensure that only regular employees of thecourt who are duly bonded shall act as cash clerks or cashiers or shall beauthorized to receive payments of fees, fines, costs, bail bonds and other relatedfees.

SEC. 5. Review of claims of judges for travel expenses and certification asto necessity and legality thereof. – Executive Judges shall review and approvethe itinerary of travel and sign the certificate of travel completed by judges insupport of their claims for travel expenses. In the certificate of travel completed,the Executive Judge shall certify that, on the basis of the evidence presentedand on information of which he/she has knowledge, the travel was actuallyundertaken.

The Executive Judge shall also certify as to the necessity and legality of theclaim involved. The Executive Judge shall sign in Box “A” of the disbursementvouchers containing the certification that the expenses incurred by the claimantwere necessary, lawful and incurred under his/her direct supervision.

SEC. 6. Certification as to necessity and legality of claim of judges forhardship and additional expense allowances. – Executive Judges shall certifyas to the necessity and legality of claims of judges for hardship and additionalexpense allowances. The Executive Judge shall sign in Box “A” of thedisbursement vouchers containing the certification that the expenses incurredby the claimant were necessary, lawful and incurred under his/her directsupervision.

SEC. 7. Financial audit of court collections. – The Office of the CourtAdministrator may direct Executive Judges to conduct a financial audit of thecollections of the Clerks of Court of the first level courts within their areas ofadministrative supervision and, possibly, Clerks of Court of single-branch RTCsoutside their administrative supervision. For this purpose, Executive Judgesshall coordinate with the Court Management Office of the Office of the Court

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Administrator so that appropriate support staff from that Office, which shall beunder their supervision, may be provided them.

The Office of the Court Administrator may likewise direct Executive Judgesto provide support staff from among personnel within the areas of theiradministrative supervision, to augment the financial audit team of the CourtManagement Office that conducts the said audit in any of the courts within theirareas of administrative supervision.

Chapter X. Miscellaneous Functions

SECTION 1. Extra-Judicial Foreclosure of Mortgage. – Executive Judgesshall ensure strict compliance by the Clerk of Court with the provisions of theResolution dated 14 December 1999 of the Supreme Court En Banc in A.M. No.99-10-05-0, as amended by the Resolutions dated 30 January 2001 and 7 August2001, subject to Circular No. 1-2000 dated 3 January 2000 and Circular No. 7-2002 dated 22 January 2002 prescribing procedures in extra-judicial foreclosureof mortgages.

SEC. 2. Visitation and inspection of local jails and prisoners. – (a) ExecutiveJudges shall undertake monthly visits to and inspection of provincial, city andmunicipal jails and/or detention centers as well as their prisoners as requiredby the provisions of existing applicable laws, rules and regulations. They shallinquire into the prisoners’ proper accommodations and health, and examine thecondition of the jail facilities. They shall order the segregation of sexes and ofminors from adults, ensure the observance of the right of detainees to conferprivately with counsel, and strive to eliminate conditions inimical to the detainees.

(b) The Executive Judge conducting inspections of provincial, city andmunicipal jails and/or detention centers shall give particular attention tothe treatment of minors in conflict with the law confined therein todetermine compliance by such jails/detention centers with the provisionsof the Child and Youth Welfare Code and with issuances of the SupremeCourt.

(c) Executive Judges shall visit and inspect, and ensure that presiding judgesof the first and second level courts under their supervision shall alsovisit and inspect, at least once a month, detention prisoners whose casesare pending before their respective courts. They shall give specialattention to the following conditions of these detainees:

1] the number of detainees in the jail with cases pending before theirrespective courts;

2] the condition of detention cells of such detainees including but notlimited to provisions for the segregation of sexes and of minors fromadult detainees or prisoners;

3] the observance of the right of the accused and counsel to conductprivate interviews;

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4] the prevention of harassment of lawyers who are required to bephotographed and fingerprinted during such interviews; and

5] the deterrence of practices disadvantageous to the subject detentionprisoners.

Executive Judges shall ensure the submission by the Presiding Judges oftheir monthly reports of their jail visitation to the Court Administrator.

SEC. 3. Inventory Report on detention prisoners. – (a) Executive Judgesshall see to the submission, on a quarterly basis, by the judges of the courtswithin their respective areas of administrative supervision of periodic reports ondetention prisoners to the Office of the Court Administrator. These reports shallbe coursed by the judges through their respective Executive Judges. ExecutiveJudges shall attest to the veracity of the data entered in these reports.

(b) Executive Judges shall seek the assistance of (1) the Department of theInterior and Local Government (DILG), which has jurisdiction over theBureau of Jail Management and Penology; and (2) the local governmentconcerned, in requiring the jail warden to submit a regular inventory reportof detained prisoners, preferably by branch, to all Executive Judges whohave jurisdiction over the accused.

(c) Executive Judges shall consolidate the reports on detention prisonerssubmitted by the courts within his area of administrative supervisionand by the jail wardens with his report on monthly jail visitation. Thereafter,all reports shall be submitted to the Office of the Court Administratorthrough the Court Management Office at the end of every quarter.

SEC. 4. Appointment and supervision of notaries public. – Executive Judgesshall act on all applications of and issue commissions to notaries public withintheir respective areas of administrative supervision and shall compel observanceof their duties as provided by law. They shall refrain from appointing non-lawyersas notaries public, subject, however, to certain exceptions as may be providedby law or by rules and issuances promulgated by the Supreme Court. ExecutiveJudges shall see to it that before appointing, re-appointing, or renewing thecommission of a notary public, he or she must not have been appointed asnotary public elsewhere for the same term by any other Executive Judge.

(a) Executive Judges shall require all lawyers applying for notarialcommissions to state in their respective applications (i) the current IBPchapter to which they belong, (ii) the receipt number of their up-to-datepayment of IBP dues, (iii) the number of their Professional Tax Receipt,and (iv) the Roll of Attorney number, and that no such applications shallbe acted upon by the judge concerned unless the requirements shallhave been complied with.

(b) Executive Judges shall require lawyers appointed as notaries public topersonally appear before them to take their oath before entering uponthe discharge of their duties as such notaries public.

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(c) Executive Judges shall ensure that the authority of the notary publicshall not extend beyond the limits of his/her jurisdiction.

(d) Executive Judges shall monitor closely the activities of notaries publicwithin their respective areas of administrative supervision. They shallkeep themselves informed of the manner in which notaries public performtheir duties by personal inspection wherever possible, or by requiringreports from these notaries public or from any other available sourceand by any other legal means. Executive Judges may avail themselvesof the assistance of the local chapters of the Integrated Bar of thePhilippines within their respective jurisdictions.

(e) Executive Judges shall see to it that notaries public render notarialservices only in their respective offices, subject to the exceptionaloccasions or situations prescribed under the Resolution dated 13 August2002 of the Supreme Court En Banc in A.M No. 02-8-02-SC on the “RulesRequiring Notaries Public to Hold Office at a Specific and AppropriateAddress/Addresses.”

(f) Executive Judges may also impose appropriate administrative sanctionsagainst erring notaries public, including, but not limited, to the non-renewal, withdrawal, revocation or cancellation of their commissions.

SEC. 5. Accreditation of newspapers and periodicals. – The ExecutiveJudge of the RTC having administrative supervision over the courts whose ordersare to be published shall act on applications for accreditation to publish judicialand legal notices and other similar announcements in accordance with theguidelines prescribed under the Resolution dated 16 October 2001 of theSupreme Court En Banc in A.M. No. 01-1-07-SC and OCA Circular Nos. 5-2002(11 January 2002) and 27-2002 (25 June 2002).

Pursuant to the provisions of Section 2 of P. D. No. 1079, the ExecutiveJudge shall personally conduct the raffle of all judicial notices, advertisements,and the like. The posting of judicial notices for publication, the raffle proceduresand the publication of the results thereof shall be conducted in the same manneras the raffle of cases.

SEC. 6. Distribution of judicial notices for publication. – The ExecutiveJudge shall distribute through raffle judicial notices or advertisements forpublication to accredited newspapers or periodicals in accordance with theprovisions of the Resolution dated 16 October 2001 of the Supreme Court EnBanc in A.M. No. 01-1-07-SC.

SEC. 7. Supervision over immersion programs. – Executive Judges shallsupervise the immersion program of newly appointed judges or first level courtjudges who have been promoted to the second level court. They shall submit tothe Office of the Court Administrator and the Philippine Judicial Academy (PHILJA)a certificate of completion of the immersion program within ten days from itscompletion.

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SEC. 8. Report on insurance/bonding companies. – Executive Judgesshall submit a monthly report to the Docket and Clearance Division, Legal Office,Office of the Court Administrator, on the total amount of obligations incurred byinsurance/bonding companies or agencies that fail to satisfy claims againstthem in connection with confiscated/forfeited bonds. Executive Judges shalllikewise monitor the submission by the courts within their respective areas ofadministrative supervision of the monthly report on the inventory of confiscated/forfeited cash, surety, and property bonds in both civil and criminal cases whensuch bonds have been posted with the Docket and Clearance Division.

SEC. 9. Bar Relations. – Executive Judges shall conduct dialogues andconferences at least once every semester with the officers of the local chapterof the Integrated Bar of the Philippines (IBP) in their respective areas ofadministrative supervision. At these dialogues and conferences, ExecutiveJudges shall discuss with the IBP officers problems confronting lawyers, andstudy and adopt methods and solutions to enable both the Bench and the Bar towork together in the speedy resolution of cases.

SEC. 10. Submission of Annual Report. – Executive Judges shall submittheir respective annual reports to the Court Management Office, Office of theCourt Administrator, on or before 30 January of the following year.

Chapter XI. Final Provisions

SECTION 1. Administration and enforcement. – The Office of the CourtAdministrator (OCA) shall have the primary and principal authority andresponsibility for the administration and enforcement of these Guidelines. TheOCA shall monitor the implementation thereof, review the same periodicallywith the end in view of determining the problems encountered by the ExecutiveJudges in such implementation, and submit to the Supreme Court itsrecommendations as to the appropriate measures to be adopted or taken toaddress the problems.

Chapter XII. Effectivity

SECTION 1. Effectivity of the Guidelines. – These Guidelines shall takeeffect on 15 February 2004 and shall be published in a newspaper of generalcirculation in the Philippines not later than the first day of February 2004.

Approved this 27th day of January 2004.

(Sgd.) HILARIO G. DAVIDE, JR.Chief Justice

(Sgd.) REYNATO S. PUNO (Sgd.)JOSE C. VITUG Associate Justice Associate Justice

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(Sgd.) ARTEMIO V. PANGANIBAN (Sgd.) LEONARDO A. QUISUMBING Associate Justice Associate Justice

(Sgd.) CONSUELO YNARES-SANTIAGO (Sgd.)ANGELINA SANDOVAL-GUTIERREZ Associate Justice Associate Justice

(Sgd.) ANTONIO T. CARPIO (Sgd.) MA. ALICIA AUSTRIA-MARTINEZ Associate Justice Associate Justice

(Sgd.) RENATO C. CORONA (Sgd.) CONCHITA CARPIO MORALES Associate Justice Associate Justice

(Sgd.) ROMEO J. CALLEJO, SR. (on leave) ADOLFO S. AZCUNA Associate Justice Associate Justice

(Sgd.) DANTE O. TINGAAssociate Justice

_______________________________________________________________________Guidelines on the Selection and Appointment of Executive Judges

ANNEX “A”

LIST OF RTC SINGLE SALA COURTS

STATION NEAREST RTC MULTIPLE SALA STATION

FIRST JUDICIAL REGION

RTC, Branch 58, Bucay, Abra RTC, BanguedRTC, Branch 64, Buguias, Benguet RTC, La Trinidad, BenguetRTC, Branch 19, Bangui, llocos Norte RTC, Laoag CityRTC, Branch 24, Cabugao, Ilocos Sur RTC, Vigan CityRTC, Branch 25, Tagudin, Ilocos Sur RTC, Candon CityRTC, Branch 34, Balaoan, La Union RTC, San Fernando City, La UnionRTC, Branch 50, Villasis, Pangasinan RTC, Urdaneta CityRTC, Branch 53, Rosales, Pangasinan RTC, Urdaneta CityRTC, Branch 70, Burgos, Pangasinan RTC, Alaminos City

SECOND JUDICIAL REGION

RTC, Branch 11, Tuao, Cagayan RTC, Tuguegarao CityRTC, Branch 12, Sanchez Mira, Cagayan RTC, Aparri, CagayanRTC, Branch 33, Ballesteros, Cagayan RTC, Aparri, CagayanRTC, Branch 13, Basco, Batanes RTC, Aparri, CagayanRTC, Branch 14, Lagawe, Ifugao RTC, Bayombong, Nueva Vizcaya

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RTC, Branch 15, Alfonso Lista, lfugao RTC, Santiago CityRTC, Branch 34, Banaue, Ifugao RTC, Bayombong, Nueva VizcayaRTC, Branch 22, Cabagan, Isabela RTC, Ilagan, lsabelaRTC, Branch 23, Roxas, lsabela RTC, Cauayan, lsabelaRTC, Branch 24, Echague, Isabela RTC, Santiago CityRTC, Branch 25, Tabuk, Kalinga RTC, Tuguegarao CityRTC, Branch 26, Luna, Apayao RTC, Aparri, CagayanRTC, Branch 38, Maddela, Quirino RTC, Cabarroguis, Quirino

THIRD JUDICIAL REGION

RTC, Branch 4, Mariveles, Bataan RTC, Balanga CityRTC, Branch 5, Dinalupihan, Bataan RTC, Balanga CityRTC, Branch 40, Palayan City, Nueva Ecija RTC, Cabanatuan City, Nueva EcijaRTC, Branch 66, Capas, Tarlac RTC, Tarlac CityRTC, Branch 67, Paniqui, Tarlac RTC, Tarlac CityRTC, Branch 68, Camiling, Tarlac RTC, Tarlac City

FOURTH JUDICIAL REGION

RTC, Branch 5, Lemery, Batangas RTC, Balayan, BatangasRTC, Branch 14, Nasugbu, Batangas RTC, Balayan, BatangasRTC, Branch 87, Rosario, Batangas RTC, Lipa, BatangasRTC, Branch 86, Taal, Batangas RTC, Balayan, BatangasRTC, Branch 15, Naic, Cavite RTC, Cavite CityRTC, Branch 18, Tagaytay City, Cavite RTC, Imus, CaviteRTC, Branch 23, Trece Martires City, Cavite RTC, Cavite CityRTC, Branch 90, Dasmariñas, Cavite RTC, Imus, CaviteRTC, Branch 33, Siniloan, Laguna RTC, Sta. Cruz, LagunaRTC, Branch 43, Roxas, Mindoro Oriental RTC, Pinamalayan, Mindoro OrientalRTC, Branch 44, Mamburao, Mindoro Occ. RTC, San Jose, Mindoro OccidentalRTC, Branch 95, Roxas, Palawan RTC, Puerto Princesa CityRTC, Branch 63, Calauag, Quezon RTC, Gumaca, QuezonRTC, Branch 64, Mauban, Quezon RTC, Lucena CityRTC, Branch 65, Infanta, Quezon RTC, Lucena CityRTC, Branch 81, Romblon, Romblon RTC, Batangas CityRTC, Branch 82, Odiongan, Romblon RTC, Batangas City

FIFTH JUDICIAL REGION

RTC, Branch 63, Calabanga, Camarines Sur RTC, Naga CityRTC, Branch 64, Labo, Camarines Norte RTC, Daet, Camarines NorteRTC, Branch 49, Cataingan, Masbate RTC, Masbate CityRTC, Branch 50, San Jacinto, Masbate RTC, Masbate CityRTC, Branch 54, Gubat. Sorsogon RTC, Sorsogon CityRTC, Branch 55, lrosin, Sorsogon RTC, Sorsogon CityRTC, Branch 65, Bulan, Sorsogon RTC, Sorsogon City

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SIXTH JUDICIAL REGION

RTC, Branch 13, Culasi, Antique RTC, San Jose, AntiqueRTC, Branch 64, Bugasong, Antique RTC, San Jose, AntiqueRTC, Branch 66, Barotac Viejo, Iloilo RTC, Iloilo CityRTC, Branch 67, Guimbal, Iloilo RTC, Iloilo CityRTC, Branch 68, Dumangas, Iloilo RTC, Iloilo CityRTC, Branch 65, Jordan, Guimaras RTC, Iloilo CityRTC, Branch 60, Cadiz City, Negros Occ. RTC, Silay CityRTC, Branch 61, Kabankalan City, Negros Occ. RTC, Himamaylan,

Negros OccidentalRTC, Branch 62, Bago City, Negros Occ. RTC, Bacolod CityRTC, Branch 63, La Carlota, Negros Occ. RTC, Bacolod City

SEVENTH JUDICIAL REGION

RTC, Branch 50, Loay, Bohol RTC, Tagbilaran CityRTC, Branch 51, Carmen, Bohol RTC, Tagbilaran CityRTC, Branch 52, Talibon, Bohol RTC, Tagbilaran CityRTC, Branch 25, Danao City, Cebu RTC, Mandaue CityRTC, Branch 26, Argao, Cebu RTC, Cebu CityRTC, Branch 60, Barili, Cebu RTC, Cebu CityRTC, Branch 61, Bogo, Cebu RTC, Mandaue CityRTC, Branch 62, Oslob, Cebu RTC, Cebu CityRTC, Branch 45, Bais City, Negros Oriental RTC, Dumaguete CityRTC, Branch 63, Bayawan City, Negros Oriental RTC, Dumaguete CityRTC, Branch 64, Guihulngan, Negros Oriental RTC, San Carlos CityRTC, Branch 43, Tanjay-Negros Oriental RTC, Dumaguete CityRTC, Branch 46, Larena, Siquijor RTC, Dumaguete City

EIGHTH JUDICIAL REGION

RTC, Branch 3, Guiuan, Eastern Samar RTC, Borongan, Eastern SamarRTC, Branch 4, Dolores, Eastern Samar RTC, Borongan, Eastern SamarRTC, Branch 5, Oras, Eastern Samar RTC, Borongan, Eastern SamarRTC, Branch 10, Abuyog, Leyte RTC, Tacloban CityRTC, Branch 11, Calubian, Leyte RTC, Carigara, LeyteRTC, Branch 14, Baybay, Leyte RTC, Ormoc CityRTC, Branch 15, Burauen, Leyte RTC, Tacloban CityRTC, Branch 17, Palompon, Leyte RTC, Ormoc CityRTC, Branch 18, Hilongos, Leyte RTC, Maasin CityRTC, Branch 16, Naval, Biliran RTC, Garigara, LeyteRTC, Branch 37, Caibiran, Biliran RTC, Carigara, LeyteRTC, Branch 23, Allen, Northern Samar RTC, Catarman, Northern SamarRTC, Branch 38, Gamay, Northern Samar RTC, Laoang, Northem Samar

(unorganized sala)RTC, Branch 26, San Juan, Southern Leyte RTC, Maasin CityRTC, Branch 39, Sogod, Southern Leyte RTC, Maasin CityRTC, Branch 30, Basey, Samar RTC, Tacloban CityRTC, Branc 33, Calbiga, Samar RTC, Catbalogan, Samar

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RTC, Branch 40, Tarangnan, Samar RTC, Catbalogan, SamarRTC, Branch 41, Dandara,Samar RTC, Calbayog City

NINTH JUDICIAL REGION

RTC, Branch 3, Jolo, Sulu RTC, Zamboanga CityRTC, Branch 4, Parang, Sulu RTC, Zamboanga CityRTC, Branch 25, Siasi, Sulu RTC, Zamboanga CityRTC, Branch 5, Bongao, Tawi-Tawi RTC, Zamboanga CityRTC, Branch 26, Sapa Sapa, Tawi-Tawi RTC, Zamboanga City

(unorganized sala)RTC, Branch 11, Sindangan, RTC, Dipolog City

Zamboanga del NorteRTC, Branch 27, Siocon, Zamboanga del Norte RTC, Dipolog CityRTC, Branch 28, Liloy, Zamboanga del Norte RTC, Dipolog CityRTC, Branch 23, Molave, Zamboanga del Sur RTC, Pagadian CityRTC, Branch 29, San Miguel, RTC, Pagadian City

Zamboanga del NorteRTC, Branch 3O, Aurora, Zamboanga del Sur RTC, Pagadian CityRTC, Branch 24, Ipil, Zamboanga Sibugay RTC, Pagadian City

TENTH JUDICIAL REGION

RTC, Branch 34, Cabadbaran, Agusaa del Norte RTC, Butuan CityRTC, Branch 6, Prosperidad, Agusan del Sur RTC, Butuan CityRTC, Branch 7, Bayugan, Agusan del Sur RTC, Butuan CityRTC, Branch 11, Manolo Fortich, Bukidnon RTC, Malaybalay CityRTC, Branch 16, Tangub City, RTC, Ozamis City

Misamis OccidentalRTC, Branch 36, Calamba, Misamis Occidental RTC, Oroquieta CityRTC, Branch 44, Initao, Misamis Oriental RTC, Iligan CityRTC, Branch 28, Mambajao, Camiguin RTC, Cagayan de Oro CityRTC, Branch 31, Dapa, Surigao del Norte RTC, Surigao City.RTC, Branch 32, Dinagat Island, RTC, Surigao City

Surigao del Norte

ELEVENTH JUDICIAL REGION

RTC, Branch 3, Nabunturan, Compostela Valley RTC, Tagum CityRTC, Branch 7, Baganga, Davao Oriental RTC, Mati, Davao OrientalRTC, Branch 32, Lupon, Davao Oriental RTC, Mati, Davao OrientalRTC, Branch 21, Bansalan, Davao del Sur RTC, Digos CityRTC, Branch 26, Surallah, South Cotabato RTC, Koronadal CityRTC, Branch 39, Polomolok, South Cotabato RTC, General Santos CityRTC, Branch 38, Alabel, Sarangani RTC, General Santos CityRTC, Branch 28, Lianga, Surigao del Sur RTC, Tandag, Surigao del SurRTC, Branch 29, Bislig City, Surigao del Sur RTC, Tandag, Surigao del SurRTC, Branch 41, Cantilan, Surigao del Sur RTC, Tandag, Surigao del Sur

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TWELFTH JUDICIAL REGION

RTC, Branch 7, Tubod, Lanao del Norte RTC, Iligan CityRTC, Branch 21, Kapatagan, Lanao del Norte RTC, Iligan CityRTC, Branch 15, Shariff Aguak (Maganoy), RTC, Cotabato City

MaguindanaoRTC, Branch 19, Isulan, Sultan Kudarat RTC, Koronadal CityRTC, Branch 20, Tacurong, Sultan Kudarat RTC, Koronadal CityRTC, Branch 25, Kalamansig, Sultan Kudarat

____________________________________________________________________

* Based on accessibility by ordinary means of transportation

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Annex “B”

CIRCULAR NO. 7

TO : ALL EXECUTIVE JUDGES AND JUDGES OF THEREGIONAL TRIAL COURTS

SUBJECT : PAIRING SYSTEM IN THE REGIONAL TRIALCOURTS.

Quoted hereunder, for your ready reference, are the provisions of CircularNo. 7 dated September 23, 1974 of this Court, to wit:

“VIII. Pairing System “A pairing system shall be established whereby every Branch shall beconsidered as paired with another Branch. In the event of vacancy in anyBranch, or of the absence or disability of the Judge thereof, all incidental orinterlocutory matters pertaining to it may be acted upon the Judge of theother Branch paired with it. The latter may likewise conduct trials or hearingson the merits in criminal cases with detention prisoners assigned to theother Branch as well as in the other kinds of cases, subject to the conformityof the parties.

“For the purpose of the pairing system, Branch I shall be paired with BranchII, Branch III with Branch IV and so on and any Branch in a station left withoutpair shall be paired with a Branch presided by the Executive Judge in additionto the latter’s regular pair. In case of vacancy in the two Branches pairedwith each other, or prolonged absence of both Presiding Judges of the pairedBranches, the incidental or interlocutory matters pertaining to any or bothBranches shall be acted upon by the Executive Judge. ‘Prolonged absence’means absence of one month or more.

“In stations or groupings where the Branches are irregularly numbered, theforegoing rule shall be applied in the most analogous manner.

“IX. This Circular shall not apply to single salas whose territorialjurisdictions are definitely fixed. x x x”

Executive Judges are hereby reminded to strictly comply with theaforementioned Circular and to immediately inform this Court, through the Officeof the Court Administrator, of the pairing Judges in their respective stations.

Please be guided accordingly.

June 3, 1986.

[Sgd.] LEO D. MEDIALDEA Court Administrator

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Annex “C”

ADMINISTRATIVE ORDER NO. 134-92

RE: PAIRING SYSTEM FOR SINGLE SALA STATIONS

Circular No. 7 dated September 23, 1974 establishes a pairing system formultiple sala stations to expedite resolution of urgent matters requiring immediateaction whenever the presiding judge of one branch is temporarily absent and/orunable to act without an acting judge having been particularly designated.However, no pairing system has been laid down for single sala stations.Consequently, a pairing system for single sala stations is hereby establishedas follows:

(1) Whenever the presiding judge of a single sala station is temporarilyabsent and no acting judge has yet been designated, the clerk of courtor branch clerk, upon request of any party, shall refer any urgent matterrequiring immediate action to the nearest presiding judge of theappropriate Regional Trial Court or Municipal Trial Court with jurisdictionto act on the matter. Such presiding judge is authorized to hear andresolve any urgent matters, including applications for restraining orders,injunctions and other matters requiring immediate attention prior to thereturn of the regular judge or the assignment of an acting judge, withoutprejudice to any subsequent action that may be taken by the judge towhom the particular case is eventually assigned. If the nearest trial courtis a multi-sala station, the matter shall be referred to the Executive Judge,or in his absence, the presiding judge authorized to act for the ExecutiveJudge.

(2) The clerk of court, before making such referral to the nearest presidingjudge of the same level, shall certify that the presiding judge is temporarilyabsent and no judge has been designated to act for the branch. TheRTC Executive Judge with jurisdiction over the temporarily absent MTCjudge, or the Court Administrator in the case of temporarily absent RTCjudges, shall immediately be notified of said referral.

(3) The pairing judge shall act on all matters pertaining to the station of thetemporarily absent judge in the latter’s court, utilizing the personnel andfacilities of said court. His attendance in the court of temporarily absentjudge shall be deemed to be on official business. However, if his travelto the court of the absent judge would cause delay in the trial or dispositionof cases of his own court, he may act on all matters pertaining to theother court in his own station.

(4) If there are two or more single sala courts more or less equidistant fromthe court of the absent judge, referral shall be made to the PresidingJudge most senior in station, or if the judges are of equal seniority, thento the Presiding Judge with the least number of pending cases.

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This Administrative Order shall take effect upon its publication in a newspaperof general circulation.

July 16, 1992.

[Sgd.] ANDRES R. NARVASA Chief Justice

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Annex “C-1”

SUPREME COURT ADMINISTRATIVE ORDER NO. 19-97

AMENDMENT OF ADMINISTRATIVE ORDER NO. 134-92

Re : Pairing System for Single Sala Stations

Administrative Order No. 134-92 dated July 16, 1992 establishes a pairingsystem for single sala stations to expedite resolution of urgent matters requiringimmediate action whenever the presiding judge is temporarily absent. However,attention has been called to the fact that unlike the pairing system establishedunder Circular No. 7 of September 23, 1974 for multiple sala stations, the pairingsystem for single sala stations does not cover instances of vacancies in singlesala stations. Administrative Order No. 134-92 is, therefore, hereby amendedas follows:

1) IN THE EVENT OF VACANCY IN A SINGLE SALA STATION OR OFTHE ABSENCE OR DISABILITY OF THE JUDGE THEREOF and noacting judge has yet been designated, the Clerk of Court, upon requestof any party, shall refer any urgent matter requiring immediate action tothe nearest presiding judge of the appropriate Regional Trial Court orMunicipal Trial Court with jurisdiction to act on the matter. Such presidingjudge is authorized to hear and resolve any urgent matters, includingapplications for restraining orders, injunctions and other matters requiringimmediate attention prior to the APPOINTMENT OF A NEW JUDGE, thereturn of the regular judge or the assignment of an acting judge, withoutprejudice to any subsequent action that may be taken by the judge towhom the particular case is eventually assigned. If the nearest trial courtis a multiple sala station, the matter shall be referred to the ExecutiveJudge, or in his absence, the presiding judge authorized to act for theExecutive Judge.

2) The clerk of court, before making such referral to the nearest presidingjudge of the same level, shall certify that THE STATION IS VACANT, ORTHAT THE PRESIDING JUDGE THEREOF IS ABSENT OR DISABLEDand that no ACTING JUDGE HAS BEEN DESIGNATED. The RTCExecutive Judge with jurisdiction over the MTC SINGLE SALA STATIONCONCERNED or the Court Administrator in the case of an RTC SINGLESALA STATION, shall immediately be notified of said referral.

3) The pairing judge shall act on all matters pertaining to the PAIREDSINGLE SALA STATION IN THE SAID STATION utilizing ITS personneland facilities. His attendance THEREIN shall be deemed to be on officialbusiness. However, if his travel to the PAIRED SINGLE SALA STATIONwould cause delay in the trial or disposition of cases in his own court, hemay act on all matters pertaining to the other court in his own station.

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4) If there are two or more single sala courts more or less equidistant fromthe Court WITHOUT A JUDGE referral shall be made to the presidingjudge most senior in station, or if the judges are of equal seniority, thento the presiding judge with the least number of pending cases.

This Administrative Order shall take effect upon its publication in a newspaperof general circulation.

February 14, 1997.

(Sgd.) ANDRES R. NARVASA Chief Justice

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Annex “D”

CIRCULAR NO. 19-98

TO : ALL JUDGES OF THE REGIONAL TRIAL COURTS,METROPOLITAN TRIAL COURTS, MUNICIPAL TRIALCOURTS IN CITIES, MUNICIPAL TRIAL COURTS ANDMUNICIPAL CIRCUIT TRAIL COURTS

SUBJECT : EXPANDED AUTHORITY OF PAIRING COURTS

In the interest of efficient administration of justice, the authority of the pairingjudge under Circular No. 7 dated September 23, 1974, [Pairing System forMultiple Sala Stations] to act on incidental or interlocutory matters and thoseurgent matters requiring immediate action on cases pertaining to the pairedcourt, shall henceforth be expanded to include all other matters. Thus, whenevera vacancy occurs by reason of resignation, dismissal, suspension, retirement,death, or prolonged absence of the presiding judge in a multi-sala station, thejudge of the paired court shall take cognizance of all the cases thereat as actingjudge therein until the appointment and assumption to duty of the regular judgeor the designation of an acting presiding judge or the return of the regularincumbent judge, or until further orders from this Court.

For this purpose, the provisions of Circular No. 7 dated September 23, 1974inconsistent with this Circular, are hereby amended.

February 18, 1998.

[Sgd.] ALFREDO L. BENIPAYO Court Administrator

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Annex “E”

OCA CIRCULAR NO. 03-2006

TO : ALL JUDGES AND LOWER COURT PERSONNEL

SUBJECT : GRIEVANCE MACHINERY FOR THE LOWER COURTS

For your information and guidance, the Office of the Court Administratorhas adopted the “Grievance Machinery for the Lower Courts” in accordancewith CSC Resolution No. 010113 and CSC Memorandum Circular No. 02, seriesof 2001. This grievance machinery was duly approved by the Civil ServiceCommission.

All courts are hereby furnished copies of this grievance machinery for strictimplementation.

January 5, 2006.

(Sgd.) PRESBITERO J. VELASCO, JR. Court Administrator

GRIEVANCE MACHINERY FOR THE LOWER COURTS

In line with the Revised Policies on the Settlement of Grievances in the PublicSector, enunciated under CSC Resolution No. 010113 and CSC MemorandumCircular No. 02, series of 2001, this grievance machinery referred to as Officeof the Court Administrator Grievance Machinery for the Lower Courts, is herebyadopted for implementation by all concerned.

I. Objectives

a) To promote harmony in the workplace and thereby foster the productivityof lower court officials and employees for the betterment of the service;

b) To create a work atmosphere conducive to good supervisor-employeerelations and improved employee morale;

c) To settle grievances at the lowest level possible in the organization;

d) To serve as a catalyst for the development of capabilities of personnelon dispute settlement, especially among supervisors in the lower courts;and

e) To formalize the existing informal system of settling grievances in thelower courts.

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II. Policies

a) A grievance shall be resolved expeditiously at all times at the lowestlevel possible in the agency. However, if not settled at the lowest level,an aggrieved party shall present his grievance step by step following thehierarchy of positions.

b) The aggrieved party shall be assured freedom from coercion,discrimination, reprisal and biased action on the grievance.

c) Grievance proceedings shall not be bound by legal rules andtechnicalities. Even verbal grievance must be acted upon expeditiously.The services of a legal counsel shall not be allowed.

III. Scope

The OCA Grievance Machinery for the Lower Courts applies to all officialsand employees of the Regional Trial Courts, Shari’a District Courts, MetropolitanTrial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, MunicipalCircuit Trial Courts, and Shari’a Circuit Courts.

VI. Definition of Terms

a. Grievance – a work related discontentment or dissatisfaction which hadbeen expressed verbally or in writing and which, in the aggrievedemployee’s opinion, has been ignored or dropped without dueconsideration.

b. Grievance Machinery – a system or method of determining and findingthe best way to address the specific cause or causes of a grievance.

c. Bilis Aksyon Partner – is the counterpart Action Officer of the Civil ServiceCommission under the Mamamayan Muna Program in every agencypursuant to CSC MC No. 3, s. 1994.

d. Immediate Supervisor – pertains to the Branch Clerk of Court / Officer-in-Charge in the branch or the Chief of a unit in the Office of the Clerk ofCourt.

e. Higher Supervisor – refers to the Presiding Judge other than the ExecutiveJudge, or the Clerk of Court.

f. Second level position – refers to a position that requires professionalCivil Service eligibility, the duties of which require completion of at leastfour (4) year course leading to a Bachelor’s Degree.

g. First level position – refers to a position which does not requireprofessional civil service eligibility.

V. Coverage

The following cases shall be acted upon through the grievance machinery:

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a. Non-implementation of policies, practices and procedures on economicand financial issues and other terms and conditions of employment fixedby law including salaries, incentives, working hours, leave benefits, andother related terms and conditions;

b. Non-implementation of policies, practices and procedures which affectemployees from recruitment to promotion, detail, transfer, retirement,termination, lay-offs, and other related issues that affect them.

c. Physical working conditions;

d. Interpersonal relationships and linkages;

e. Dissatisfaction concerning applications, indorsements andrecommendations for promotion;

f. All other matters giving rise to employee dissatisfaction anddiscontentment outside of those cases enumerated above.

The following cases shall not be acted upon through the grievance machinery:

a. Disciplinary cases which shall be resolved pursuant to the Uniform Ruleson Administrative Cases;

b. Sexual harassment cases as provide for in R.A. No. 7877;

c. Employees Associations’ issues and concerns; and

d. Issues involving selection and qualification of the appointee which arewithin the authority of the Selection and Promotions Board to resolve.

VI. OCA Grievance Committee for the Lower Courts

Pursuant to Office Order No. 21-2002 dated 02 September 2002, the Officeof the Court Administrator Grievance Committee for the Lower Courts wasconstituted. The following are the Chairperson and Members thereof:1

Chairperson - Hon. Carlos L. de LeonAssistant Court Administrator

Vice-Chairperson - Atty. Edgar A. Azarraga, Court Attorney V

Members - Atty. Edna J. Conde, Court Attorney VI

Atty. Mark N. Marcos, Court Attorney VI

Atty. Ma. Jean C. Lim, Court Attorney VI

Atty. Caridad Walse-Lutero, Court Attorney V

1 As of December 15, 2006, the members of the OCA Grievance Committee for theLower Courts are: Assistant Court Administrator Nimfa C. Vilches, Chairperson;Atty. Caridad A. Pabello, Vice-Chairperson; Atty. Ma. Jean C. Lim, Atty. Rullyn S.Garcia, Atty. Arturo V. Noblejas, Atty. Shirley T.M. Literal, Atty. Vener B. Pimentel,Atty. Perlita V. Ele, Mr. George D. Mabborang, members.

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Atty. Vener B. Pimentel, Legal Office, OCA

Mrs. Rosario L. Salvador, OAS

Ms. Maria Cristita R. Santos, FMO

Atty. Raymundo U. Tan, PACE

Mr. Severino C. Balubar, Jr. PACE

Recorder-Secretary - Atty. Eduardo C. Tolentino, Court Attorney VI

Asst. Recorder Sec. - Ms. Maria Rosario G. Gaticales, Exec. Asst. II

VII. Grievance Committee in the Lower Courts

There shall be an Employee Grievance Committee (EGC) for multiple andsingle sala courts with the following composition:

A. Multiple Sala Courts

A.1. Second Level Courts

A.1.a. For multiple sala courts with three (3) or more branches

Chairman - Incumbent Executive Judge of themultiple sala court

Vice-Chairman - Incumbent 1st Vice-ExecutiveJudge of the multiple sala court

Members (2) - One (1) PACE representativeeach from the first and secondlevel positions, or in the absenceof a PACE representative, arepresentative duly elected by themajority of the employees of thecourt concerned.

In case of the prolonged absence (30 days or more) of the Vice-Chairman or where the grievance is against him, the Acting Vice-Chairman shall be selected in the following order:

• the 2nd Vice Executive Judge;

• the 3rd Vice Executive Judge, in the absence of the 2ndVice Executive Judge;

• the most senior (in terms of service in the Judiciary)Presiding Judge of the multiple sala court.

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In case the grievance is against the regular Vice Chairman, theActing Vice Chairman shall sit as such until the termination/resolution of the grievance.

In case of prolonged absence by the regular Vice Chairman, theActing Vice Chairman shall sit as such until the termination/resolution of grievances where he took part in the deliberations.

A.1.b. Multiple sala second level courts with only two (2) branches

The EGC composition for these courts shall be the same as thecomposition of the EGC under A.1.a. However, the Vice Chairmanshall be the Presiding Judge of the remaining branch.

In case of the prolonged absence (30 days or more) of the ViceChairman, or where the grievance is against him, the Chairmanshall designate as Acting Vice Chairman any one of the PresidingJudges of the first level courts within his administrativesupervision.

A.2. First Level Courts

A.2.a. Multiple sala first level courts with designated Vice ExecutiveJudges

The composition of the EGC for these courts shall follow thecomposition under A.1.a.

In case of the prolonged absence (30 days or more) of the ViceChairman or where the grievance is against him, the sameprocedure in designating an Acting Vice Chairman as providedfor under A.1.a. shall apply.

A.2.b. Multiple sala first level courts with no designated Vice ExecutiveJudge

The composition of the EGC for these courts shall follow thecomposition under A.1.a. However, the Vice Chairman shall bethe most senior (in terms of service in the Judiciary) PresidingJudge from among the remaining branches.

A.2.c. MeTC and MTCC with only two (2) branches

The composition of the EGC for these courts shall follow thecomposition under A.2.b.

In case of the prolonged absence (30 days or more) of the ViceChairman, or where the grievance is against him, the BranchClerk of Court of his branch shall act as Vice Chairman.

A.2.d. MTC multiple sala courts

The composition of the EGC for these courts shall be as follows:

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Chairman - most senior (in terms of servicein the Judiciary) Presiding Judge

Vice Chairman - next most senior Presiding Judge


However, in the event that an Executive Judge has beendesignated, the Executive Judge shall automatically be theChairman. The most senior of the remaining Presiding Judgesshall be the Vice Chairman.

In case of prolonged absence (30 days or more) of the ViceChairman, or where the grievance is against him, the procedureunder A.2.b ( for MTCs with 3 or more branches) or A.2.c. (forMTCs with only 2 branches) shall apply.

B. Single Sala Courts

B.1. Second level single sala courts

Chairman - incumbent Executive Judge of theRTC single sala court

Vice Chairman - any one of the Presiding Judgesin the first level courts within theadministrative supervision of theExecutive Judge of the RTC singlesala court as designated by suchExecutive Judge


Where the grievance is against the Vice Chairman, the RTCExecutive Judge shall designate any judge from the first level courtswithin his administrative supervision to act as Vice Chairman forthat particular grievance.

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B.2. First level single sala courts

Single sala first level courts shall be clustered with the EGC ofthe Regional Trial Court exercising administrative supervision overthe concerned first level courts.

However, in the event that it would be quite burdensome on thepart of any of the parties to personally seek resolution of theirgrievance, they may file their grievance in writing with the EGC ofthe nearest and most accessible RTC.

C. Shari’a District/Circuit Courts

Chairman - Presiding Judge of the Shari’aDistrict Court

Vice Chairman - any one of the Presiding Judgesof the Shari’a Circuit Courts withinthe administrative supervision ofthe EGC Chairman

Members (2) - One (1) representative each fromthe first and second level positions,selected by majority of theemployees of the courtconcerned.

The Executive Judge shall constitute the EGC within fifteen (15)working days from approval of the OCA Grievance Machinery for theLower Courts.

VIII. Procedure

The procedure for seeking redress of grievances shall be as follows:

A. Grievance of Parties Within the same Branch/Office

A.1. Discussion with Immediate Supervisor

At the first instance, a grievance shall be presented verbally or inwriting by the aggrieved party to his immediate supervisor.

The immediate supervisor may call the party against whom thegrievance is directed; or schedule an immediate conference betweenthe parties; or perform such other acts that will most expeditiously dealwith the grievance presented.

The immediate supervisor shall inform the aggrieved party of thecorresponding action within three (3) working days from the date ofpresentation.

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A.2. Appeal to the Higher Supervisor

If the aggrieved party is not satisfied with the verbal decision, hemay submit the grievance either verbally or in writing, within five (5)working days to the next higher supervisor who shall render his writtendecision within five (5) working days from receipt of the grievance.

The Higher Supervisor may call the parties to discuss the problem/s presented, or perform such other acts that will expeditiously disposeof or solve the grievance.

A.3. Absence of Immediate Supervisor

In the absence of the immediate supervisor in items A and B, theOIC/Pairing/Acting Judge shall act on the grievance.

B. Grievance of Parties Belonging to Different Branches/Offices

B.1. Discussion with the Immediate Supervisor of the respondent.

Whenever the parties involved belong to different offices, thegrievance shall be presented to the immediate supervisor of therespondent either verbally or in writing. Such grievance shall be resolvedby the immediate supervisor within five (5) working days from date offiling.

The immediate supervisor may call the party against whom thegrievance is directed; or schedule an immediate conference betweenthe aggrieved party and the party against whom the grievance is directed;or perform such other acts that will most expeditiously deal with thegrievance presented.

B.2. Appeal to the Higher Supervisor of the respondent.

The resolution of the immediate supervisor may be elevated to thehigher supervisor of the respondent either verbally or in writing withinfive (5) working days from receipt thereof. The higher supervisor of therespondent shall render his written decision within five (5) working daysfrom receipt of the appealed grievance. The Higher Supervisor may callthe parties to discuss the problem/s presented, or perform such otheracts that will expeditiously dispose of or solve the grievance.

B.3. Absence of Higher Supervisor

In the absence of the higher supervisor in items A and B, the OIC/Pairing/Acting Judge shall act on the grievance.

C. Grievance against Immediate Supervisor

Where the object of the grievance is the immediate supervisor, theaggrieved party may bring the grievance to the higher supervisor of the latter,

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who shall in turn render a decision in writing within five (5) working daysfrom receipt of the grievance.

In all cases under A, B and C, the decision of the higher supervisor maybe appealed to the EGC within five (5) working days from receipt of thedecision.

The EGC may conduct an investigation and hearing within ten (10)working days from receipt of the appealed grievance and render a writtendecision within five (5) working days after the investigation. Thereafter, itshall issue a Certification on the Final Action on the Grievance (CFAG) whichshall contain, among others, the history and action taken on the grievance.

D. Grievance against the Higher Supervisor

Where the object of the grievance is the higher supervisor, the aggrievedparty may submit the grievance, verbally or in writing, to the EGC.

The EGC shall render its written decision on the grievance within fiveworking days from its submission.

E. Grievance against the Executive Judge

Where the object of the grievance is the Executive Judge, the aggrievedparty may submit the grievance, verbally or in writing, to the OCA GrievanceCommittee for appropriate action.

The OCA Grievance Committee shall render its written decision on thegrievance within fifteen (15) working days from the date the grievance issubmitted for resolution.

F. Appeal to the OCA Grievance Committee

The decision of the EGC in A, B, C and D may be appealed to the OCAGrievance Committee within fifteen (15) working days from receipt thereof.Together with the appeal, the aggrieved party shall submit the Certificationon the Final Action on the Grievance (CFAG) issued by the EGC.

G. Appeal to the Office of the Court Administrator

The decision of the OCA Grievance Committee may be appealed to theOffice of the Court Administrator within fifteen (15) working days from receiptof the decision. The aggrieved party is required to submit together with theappeal, the Certification on the Final Action on the Grievance (CFAG) issuedby the OCA Grievance Committee.

H. Periods

The periods within which action on a grievance is required to be madeor appeals may be taken as herein provided shall be non-extendible in linewith the policy to resolve grievances expeditiously at all times.

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IX. Bilis Aksyon Partner

Pursuant to CSC Memorandum Circular No. 2, s. 2001, a Bilis Aksyon Partner(BAP), who shall be designated by the Court Administrator, shall serve as theaction officer of the OCA Grievance Committee for the Lower Courts. He shallpromptly render assistance to lower court employees for the redress of theirgrievances through the grievance machinery as established by the Office of theCourt Administrator.

The BAP shall ensure that grievances are resolved expeditiously at the lowestlevel possible in the agency.

A BAP shall likewise be designated by the Executive Judge to serve as theaction officer for the EGC.

X. Grievance Forms

The following forms shall be used:

1. Grievance Form

2. Grievance Agreement From

GRIEVANCE FORM Within the Branch/Office Interbranch/Interoffice (Date Filed) Name of Aggrieved Party Branch/Office

Position Title/Designation (if any) Aggrieved Party’s/Respondent’s

Higher Supervisor

Nature/Subject of Grievance:

Action desired: Signature of Aggrieved Party

GRIEVANCE AGREEMENT FORM

Name of Parties to a Grievance Nature of the Grievance Steps toward Settlement Agreements Reached

We promise to abide by the above-stated agreements.

Aggrieved Party Subject of Grievance

Chairman, Grievance Committee

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3. Certificate of Final Action on the Grievance

4. Quarterly Report of the EGC

XI. Pro-Active Measures

a. The Office of the Court Administrator shall ensure equal opportunity formen and women in the lower courts to be represented in the grievancecommittee.

b. The OCA Grievance Committee and the Employee Grievance Committeeshall develop and implement pro-active measures that would preventgrievance such as employee assembly, “talakayan”, counseling and otherHuman Resource Development Programs.

CERTIFICATION OF FINAL ACTION ON THE GRIEVANCE

This certifies that the grievance filed by _____________________________ (Aggrieved Party) on ____________________ has been acted upon by this Committee on ____________ Final Action Taken: _____________________________ _____________________________. __________________________ Chairman Grievance Committee Date ________________________

EMPLOYEE GRIEVANCE COMMITTEE (EGC) QUARTERLY REPORTFOR THE PERIOD ______________________________

Branch No.___________________________________________________City/Municipality (Station) _______________________________________Province _____________________________________________________If clustered, specify court where clustered ____________________________

I. Number of Pending Grievances atthe Beginning of the Quarter

IV. Pending Grievancesat the end of theQuarter*

II. Number of Grievances Filed

Parties DateReceived

Nature ofGrievance

ActionTaken

III. Total Number of Disposed Grievances

* Supplemental paper may be used if necessary.

Certified Correct ______________________ EGC Chairman

Date Submitted ________________________

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c. The OCA Grievance Committee and the Employee Grievance Committeeshall conduct training information drives on Grievance Machinery amongofficials and employees of the lower courts in collaboration with the Officeof Administrative Services, OCA.

XII. Quarterly Report

The Employee Grievance Committee shall submit a report of itsaccomplishments and status of unresolved grievances to the OCA GrievanceCommittee within ten (10) days after the end of each quarter. The OCAGrievance Committee shall submit a consolidated quarterly report, duly notedby the Court Administrator, to the Civil Service Commission Regional Office.

XIII. Liabilities

Supervisors or officials who refuse to take action on a grievance brought totheir attention shall be liable for neglect of duty.

XIV. Effectivity

This Grievance Machinery for the Lower Courts shall take effect immediatelyupon approval by the Supreme Court En Banc.

XV. Commitment

The Office of the Court Administrator hereby commits to implement theprovisions of this Grievance Machinery in accordance with existing civil servicelaw and rules.


April 3, 2003.

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Annex “F”

EN BANC RESOLUTION

A.M. NO. 03-03-13-SC

RULE ON ADMINISTRATIVE PROCEDURE IN SEXUALHARASSMENT CASES

AND GUIDELINES ON PROPER WORK DECORUM INTHE JUDICIARY

SECTION 1. Coverage. - This Rule shall apply to all officials and employeesof the Judiciary, including those in the Presidential Electoral Tribunal, the Officeof the Court Administrator and the Philippine Judicial Academy. It shall not,however, apply to the members of the Supreme Court, who can only be removedby impeachment under the Constitution, and the members of the Judicial andBar Council.

SEC. 2. Objectives. - The objectives of this Rule are: to promote full respectfor human rights; to uphold the dignity of every individual, especially employeesand applicants for employment in the Judiciary; and to enhance the developmentof the human resources of the State by promoting their right to a humane, justand safe work environment and improving their morale and efficiency in theworkplace.

SEC. 3. Work-related Sexual harassment; Definition. - Work-related sexualharassment is committed by an official or employee in the Judiciary who, havingauthority, influence or moral ascendancy over another in a work environment,demands, requests or otherwise requires any sexual favor from the other,regardless of whether the demand, request or requirement for submission isaccepted by the latter.

SEC. 4. Work-related Sexual harassment; how committed. - Work-relatedsexual harassment is committed when:

(a) The sexual favor is made as a condition in the hiring or in the employment,re-employment or continued employment of said individual, or in grantingsaid individual favorable compensation, terms, conditions, promotionsor privileges; or the refusal to grant the sexual favor results in limiting,segregating or classifying the employee which in any way woulddiscriminate, deprive or diminish employment opportunities or otherwiseadversely affect said employee. It shall include, but shall not be limitedto the following modes:

1. Physical, such as malicious touching, overt sexual advances,gestures with lewd insinuation.

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2. Verbal, such as requests or demands for sexual favors, and luridremarks.

3. Use of objects, pictures or graphics, letters or written notes withsexual underpinnings.

4. Other acts analogous to the foregoing.

(b) The above acts would impair the employee’s rights or privileges underexisting laws; or

SEC. 5. Persons liable. - Any person who (a) directly commits sexualharassment; (b) induces or directs another person to commit such harassment;or (c) cooperates through an act without which sexual harassment would nothave been accomplished shall be administratively liable for sexual harassment.

SEC. 6. Creation of the Committee on Decorum and Investigation (CODI).- The Chief Justice shall appoint the members of the Supreme Court Committeeon Decorum and Investigation (SC-CODI), while the Presiding Justices of theCourt of Appeals, the Sandiganbayan and the Court of Tax Appeals shall appointthe members of their respective CODIs. In the Court of Appeals Divisions inCebu City and Cagayan de Oro City, the Executive Justices shall appoint themembers of their respective CODIs. In the lower courts, the Executive Judgesshall appoint the members of their CODIs.

The SC-CODI shall have jurisdiction over work-related sexual harassmentcases committed by the officials and employees of the Supreme Court proper,the Presidential Electoral Tribunal, the Office of the Court Administrator, thePhilippine Judicial Academy and the employees of the Judicial and Bar Council.

SEC. 7. Committee on Decorum and Investigation - Composition, Votingand Term of Office. - The SC-CODI shall be composed of the Clerk of Court asChairperson; a representative from the Office of the Court Administrator asVice-Chairperson; and a representative each from the Office of the Chief Attorney,the Office of Administrative Services, the Medical and Dental Services, theSupreme Court Assembly of Lawyer-Employees, Inc. (SCALE), and the SupremeCourt Employees Association (SCEA). The representatives of the SCALE andthe SCEA shall be designated by their respective governing boards from amongofficials or members in good standing.

The CODIs of the Court of Appeals, the Sandiganbayan and the Court ofTax Appeals shall be composed of the Presiding Justice as Chairperson; TheCODIs of the Court of Appeals Divisions in Cebu City and Cagayan de Oro Cityshall be composed of the Executive Justice as Chairperson; the Clerk of Courtas Vice-Chairperson; and one representative each from the employees’associations duly accredited by the Office of the Court Administrator.

In multi-sala lower courts, the CODIs shall be composed of the ExecutiveJudge as Chairperson; the Clerk of Court as Vice-Chairperson; and onerepresentative each from the employees’ associations duly accredited by the

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Office of the Court Administrator. In the case of single sala lower courts, theOffice of the Court Administrator shall cluster them for the purpose of formingtheir respective CODIs.

A majority of the members of the CODI shall constitute a quorum. A vote ofa majority of the CODI members present, there being a quorum, shall benecessary for the issuance of a recommendation. No CODI member shallparticipate in any proceeding where he or she is either a complainant or arespondent, or is related by consanguinity or affinity within the third civil degreeto the complainant or the respondent.

In case the Chairperson is disqualified or inhibits himself, the Assistant Clerkof Court in the Supreme Court, the most senior Associate Justice in the Courtof Appeals, the Sandiganbayan and Court of Tax Appeals, or the Vice-ExecutiveJudge in the lower courts shall serve as the Acting Chairperson of the CODIs intheir respective courts.

The members of the CODI shall serve for a term of two years from theirdate of appointment.

SEC. 8. Jurisdiction, powers and responsibilities of the CODIs. - The CODIsshall have jurisdiction over all complaints for sexual harassment committed byofficials and employees of the Judiciary except those against Judges ofregular and special courts and Justices of the Court of Appeals, theSandiganbayan and the Court of Appeals, which shall fundamentallyadhere to the proceeding laid down in Section 3 of Rule 140 of the Rulesof Court, as amended.1 The CODI shall:

(a) Receive the complaint, investigate its allegations, and submit a reportand recommendation to the proper court authority, as provided for in Section 18of this Rule;

(b) Conduct meetings at least once a year with the representatives of thedifferent offices for the purpose of recommending to the appropriate bodymeasures that shall increase and promote understanding and prevent incidentsof sexual harassment; and

(c) Perform such other functions as may be necessary and incidental to theachievement of the objectives of Republic Act No. 7877.

SEC. 9. Complaint. - A complaint for sexual harassment shall be in writing,under oath, and accompanied by a certificate of non-forum-shopping. It shallbe supported by the affidavits of witnesses, if any, and other evidence of thecomplainant. It shall be filed with the Office of the Clerk of Court in which therespondent is an official or employee. A docket number shall be assigned toeach complaint filed.

1 Section 8 was amended through a Resolution of the Court En Banc dated March 7,2006 in A.M. No. 03-03-13-SC and circularized through OCA Circular No. 58-2006dated March 27, 2006.

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SEC. 10. Action on the complaint. - If the Committee finds the complaintsufficient in form and substance, a copy thereof shall be served upon therespondent who shall be required to submit an answer under oath and supportedby the affidavits of his witnesses and other evidence and furnish a copy thereofto the complainant, within five working days from date of service. Thecomplainant may file a reply within five working days from receipt of the answer.

If the complaint is insufficient in form or substance, the CODI shallrecommend its dismissal. The dismissal is without prejudice to the filing ofadministrative, civil or criminal charges against the complainant and the assistingcounsel, if any, if the complaint is manifestly frivolous and filed only for purposesof harassment.

SEC. 11. Withdrawal of complaint. - The complainant will not be allowed towithdraw the complaint if such withdrawal would prejudice the interest of theservice and its ethical standards.

SEC. 12. Failure to file answer. - In case no answer is filed without anyjustifiable cause, the respondent shall be deemed to have waived the right topresent evidence. The respondent may, however, be allowed to attend thehearings and cross-examine adverse witnesses.

SEC. 13. Pre-hearing Conference. - Upon receipt of the answer, the CODIshall call the parties to a pre-hearing conference to consider the following:

(a) stipulation of facts;

(b) simplification of issues;

(c) identification and marking of evidence;

(d) waiver of objections to admissibility of evidence;

(e) limitation of the number of witnesses;

(f) dates of subsequent hearings; and

(g) such other matters as may aid in the prompt and just disposition of thecomplaint.

The parties may file position papers and thereafter submit the case fordisposition based on the result of the pre-hearing conference without any needfor further hearing.

SEC. 14. Formal Hearing. - The formal hearing shall be conducted by notless than the majority of the members of the CODI present.

The CODI may order the exclusion from the hearing room of all personswho do not have a direct interest in the case. The order may be made if theCODI determines on the record that requiring a party or any witness to testify inopen court would not enhance the ascertainment of truth; would cause theparty or witness psychological harm or inability to effectively communicate due

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to embarrassment, fear or timidity; would violate the right of a party to privacy;or would be offensive to decency or public morals.

No copy shall be taken nor any examination or perusal of the records of thecase or parts thereof be made by any person other than a party or counsel of aparty, except by order of the court.

SEC. 15. Preventive Suspension. - Upon motion of the complainant, ormotu proprio, the CODI may recommend to the proper court or authority thepreventive suspension of the respondent for a period of thirty days. It may alsorecommend its extension.

An order of preventive suspension may be issued to temporarily remove therespondent from the scene of the misfeasance or malfeasance and to precludethe possibility of respondent’s exerting undue influence or pressure on thewitnesses or tampering of documentary evidence on file.

SEC. 16. Remedy of party from the order of preventive suspension or itsdenial. - The aggrieved party may file a motion for reconsideration with the propercourt or authority within fifteen days from receipt of the order of preventivesuspension or its denial.

SEC. 17. Penalty. - In recommending the penalty to be imposed, the CODIsshall consider the totality of the circumstances, including the following factors:

(a) nature or character of the act;(b) frequency of occurrence of the act;(c) abuse of authority;(d) degree of moral influence or ascendancy;(e) concealment of the act;(f) effect on the victim, and(g) other analogous factors

SEC. 18. Report and Recommendation. - Within twenty working days fromthe termination of the hearing, the CODI shall submit to the proper court orauthority its report and recommendation with the complete record of the casein the Supreme Court, a Division of the Court shall decide the case; however,where the recommended penalty is dismissal from the service, suspension formore than one year, or fine of more than twenty thousand pesos (P20,000.00),the Court en banc shall decide the case.

In the Court of Appeals, Sandiganbayan and Court of Tax Appeals, a Divisionshall decide the case within sixty days from the date of filing of the last pleading,brief, or memorandum required by the court, regardless of the recommendedpenalty, subject to review by the Supreme Court, in accordance with thepreceding paragraph.

In the lower courts, the Office of the Court Administrator shall decide thecase within sixty days from the date of filing of the last pleading, brief, or

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memorandum required by it, regardless of the recommended penalty, subjectto review by the Supreme Court, in accordance with the first paragraph herein.

SEC. 19. Effect of proceeding on civil and criminal liabilities. - Theproceedings taken under this Rule on the imposition of the appropriate penaltyshall not interrupt or bar any civil or criminal action which the complainant hasfiled or may file against the respondent.

SEC. 20. Guidelines on Proper Work Decorum. - Members, officials andemployees of the Judiciary shall be guided on the matter of decorum by (a) theCode of Conduct and Ethical Standards for Public Officials and Employees; (b)the New Code of Judicial Conduct for the Philippine Judiciary; (c) the Code ofProfessional Responsibility; (d) the Code of Conduct for Court Personnel, and(e) other related issuances of the Court.

SEC. 21. Transitory Provision. - All administrative cases of sexualharassment against officials and employees of the Judiciary filed after theeffectivity of this Rule shall be investigated by the newly-constituted CODIs.Cases already filed before the effectivity of this Rule but not yet heard shall beforwarded to the proper CODIs. Those already filed and undergoing hearingsbefore the effectivity of this Rule shall continue to be heard and shall thereafterbe decided by the court where the case has been filed and heard.

SEC. 22. Effectivity. - This Rule shall take effect on January 3, 2005 followingits publication in a newspaper of general circulation not later than December20, 2004.

The Rule shall take effect on January 3, 2005 following its publication in anewspaper of general circulation not later than December 20, 2004.

December 14, 2004.

(Sgd.) HILARIO G. DAVIDE, JR.Chief Justice

(Sgd.) REYNATO S. PUNO (Sgd.) ARTEMIO V. PANGANIBANAssociate Justice Associate Justice

(Sgd.) LEONARDO A. QUISUMBING (Sgd.) CONSUELO YNARES-SANTIAGOAssociate Justice Associate Justice

(Sgd.) ANGELINA SANDOVAL-GUTIERREZ (Sgd.) ANTONIO T. CARPIOAssociate Justice Associate Justice

(Sgd.) MA. ALICIA AUSTRIA-MARTINEZ (on leave) RENATO C. CORONAAssociate Justice Associate Justice

(Sgd.) CONCHITA CARPIO-MORALES (Sgd.) ROMEO J. CALLEJO, SR.Associate Justice Associate Justice

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(Sgd.) ADOLFO S. AZCUNA (Sgd.) DANTE O. TINGAAssociate Justice Associate Justice

(Sgd.) MINITA V. CHICO-NAZARIO (Sgd.) CANCIO C. GARCIA Associate Justice Associate Justice

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Annex “G”

EN BANC

A.M. No. 02-8-13-SC

RESOLUTION

Acting on the compliance dated 05 July 2004 and on the proposed Rules onNotarial Practice of 2004 submitted by the Sub-Committee for the Study, Draftingand Formulation of the Rules Governing the Appointment of Notaries Public andthe Performance and Exercise of Their Official Functions, of the Committeeson Revision of the Rules of Court and on Legal Education and Bar Matters, theCourt Resolved to APPROVE the proposed Rules on Notarial Practice of 2004,with modifications, thus:

2004 Rules on Notarial Practice

RULE I

IMPLEMENTATION

SECTION 1. Title. - These Rules shall be known as the 2004 Rules onNotarial Practice.

SEC. 2. Purposes. - These Rules shall be applied and construed to advancethe following purposes:

(a) to promote, serve, and protect public interest;

(b) to simplify, clarify, and modernize the rules governing notaries public;and

(c) to foster ethical conduct among notaries public.

SEC. 3. Interpretation. - Unless the context of these Rules otherwiseindicates, words in the singular include the plural, and words in the plural includethe singular.

RULE II

DEFINITIONS

SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act in whichan individual on a single occasion:

(a) appears in person before the notary public and presents an integrallycomplete instrument or document;

(b) is attested to be personally known to the notary public or identified by the

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notary public through competent evidence of identity as defined by theseRules; and

(c) represents to the notary public that the signature on the instrument ordocument was voluntarily affixed by him for the purposes stated in theinstrument or document, declares that he has executed the instrumentor document as his free and voluntary act and deed, and, if he acts in aparticular representative capacity, that he has the authority to sign inthat capacity.

SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath” refers to anact in which an individual on a single occasion:

(a) appears in person before the notary public;

(b) is personally known to the notary public or identified by the notary publicthrough competent evidence of identity as defined by these Rules; and

(c) avows under penalty of law to the whole truth of the contents of theinstrument or document.

SEC. 3. Commission. - “Commission” refers to the grant of authority toperform notarial acts and to the written evidence of the authority.

SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial act inwhich a notary public:

(a) is presented with an instrument or document that is neither a vital record,a public record, nor publicly recordable;

(b) copies or supervises the copying of the instrument or document;

(c) compares the instrument or document with the copy; and

(d) determines that the copy is accurate and complete.

SEC. 5. Notarial Register. - “Notarial Register” refers to a permanently boundbook with numbered pages containing a chronological record of notarial actsperformed by a notary public.

SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a singleoccasion:

(a) appears in person before the notary public and presents an instrumentor document;

(b) is personally known to the notary public or identified by the notary publicthrough competent evidence of identity as defined by these Rules;

(c) signs the instrument or document in the presence of the notary; and

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(d) takes an oath or affirmation before the notary public as to such instrumentor document.

SEC. 7. Notarial Act and Notarization. - “Notarial Act” and “Notarization”refer to any act that a notary public is empowered to perform under these Rules.

SEC. 8. Notarial Certificate. - “Notarial Certificate” refers to the part of, orattachment to, a notarized instrument or document that is completed by thenotary public, bears the notary’s signature and seal, and states the facts attestedto by the notary public in a particular notarization as provided for by these Rules.

SEC. 9. Notary Public and Notary. - “Notary Public” and “Notary” refer toany person commissioned to perform official acts under these Rules.

SEC. 10. Principal. - “Principal” refers to a person appearing before thenotary public whose act is the subject of notarization.

SEC. 11. Regular Place of Work or Business. - The term “regular place ofwork or business” refers to a stationary office in the city or province wherein thenotary public renders legal and notarial services.

SEC. 12. Competent Evidence of Identity. - The phrase “competent evidenceof identity” refers to the identification of an individual based on:

(a) at least one current identification document issued by an official agencybearing the photograph and signature of the individual; or

(b) the oath or affirmation of one credible witness not privy to the instrument,document or transaction who is personally known to the notary publicand who personally knows the individual, or of two credible witnessesneither of whom is privy to the instrument, document or transaction whoeach personally knows the individual and shows to the notary publicdocumentary identification.

SEC. 13. Official Seal or Seal. - “Official seal” or “Seal” refers to a device foraffixing a mark, image or impression on all papers officially signed by the notarypublic conforming the requisites prescribed by these Rules.

SEC. 14. Signature Witnessing. -The term “signature witnessing” refers toa notarial act in which an individual on a single occasion:

(a) appears in person before the notary public and presents an instrumentor document;

(b) is personally known to the notary public or identified by the notary publicthrough competent evidence of identity as defined by these Rules; and

(c) signs the instrument or document in the presence of the notary public.

SEC. 15. Court. - “Court” refers to the Supreme Court of the Philippines.

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SEC. 16. Petitioner. - “Petitioner” refers to a person who applies for a notarialcommission.

SEC. 17. Office of the Court Administrator. - “Office of the Court Administrator”refers to the Office of the Court Administrator of the Supreme Court.

SEC. 18. Executive Judge. - “Executive Judge” refers to the Executive Judgeof the Regional Trial Court of a city or province who issues a notarial commission.

SEC. 19. Vendor - “Vendor” under these Rules refers to a seller of a notarialseal and shall include a wholesaler or retailer.

SEC. 20. Manufacturer. - “Manufacturer” under these Rules refers to onewho produces a notarial seal and shall include an engraver and seal maker.

RULE III

COMMISSIONING OF NOTARY PUBLIC

SECTION 1. Qualifications. - A notarial commission may be issued by anExecutive Judge to any qualified person who submits a petition in accordancewith these Rules.

To be eligible for commissioning as notary public, the petitioner:

(1) must be a citizen of the Philippines;

(2) must be over twenty-one (21) years of age;

(3) must be a resident in the Philippines for at least one (1) year andmaintains a regular place of work or business in the city or provincewhere the commission is to be issued;

(4) must be a member of the Philippine Bar in good standing with clearancesfrom the Office of the Bar Confidant of the Supreme Court and theIntegrated Bar of the Philippines; and

(5) must not have been convicted in the first instance of any crime involvingmoral turpitude.

SEC. 2. Form of the Petition and Supporting Documents. - Every petition fora notarial commission shall be in writing, verified, and shall include the following:

(a) a statement containing the petitioner’s personal qualifications, includingthe petitioner’s date of birth, residence, telephone number, professionaltax receipt, roll of attorney’s number and IBP membership number; ,

(b) certification of good moral character of the petitioner by at least two (2)executive officers of the local chapter of the Integrated Bar of thePhilippines where he is applying for commission;

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(c) proof of payment for the filing of the petition as required by these Rules;and

(d) three (3) passport-size color photographs with light background takenwithin thirty (30) days of the application. The photograph should not beretouched. The petitioner shall sign his name at the bottom part of thephotographs.

SEC. 3. Application Fee. - Every petitioner for a notarial commission shallpay the application fee as prescribed in the Rules of Court.

SEC. 4. Summary Hearing on the Petition. - The Executive Judge shallconduct a summary hearing on the petition and shall grant the same if:

(a) the petition is sufficient in form and substance;

(b) the petitioner proves the allegations contained in the petition; and

(c) the petitioner establishes to the satisfaction of the Executive Judge thathe has read and fully understood these Rules.

The Executive Judge shall forthwith issue a commission and a Certificateof Authorization to Purchase a Notarial Seal in favor of the petitioner.

SEC. 5. Notice of Summary Hearing. - (a) The notice of summary hearingshall be published in a newspaper of general circulation in the city or provincewhere the hearing shall be conducted and posted in a conspicuous place in theoffices of the Executive Judge and of the Clerk of Court. The cost of thepublication shall be borne by the petitioner. The notice may include more thanone petitioner.

(b) The notice shall be substantially in the following form;

NOTICE OF HEARING

Notice is hereby given that a summary hearing on the petition for notarialcommission of (name of petitioner) shall be held on (date) at (place) at (time).Any person who has any cause or reason to object to the grant of the petitionmay file a verified written opposition thereto, received by the undersigned beforethe date of the summary hearing.

______________ Executive Judge

SEC. 6. Opposition to Petition. - Any person who has any cause or reasonto object to the grant of the petition may file a verified written opposition thereto.The opposition must be received by the Executive Judge before the date of thesummary hearing.

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SEC. 7. Form of Notarial Commission. - The commissioning of a notarypublic shall be in a formal order signed by the Executive Judge substantially inthe following form:

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT OF ______________

This is to certify that (name of notary public) of (regular place of work orbusiness) in (city or province) was on this (date) day of (month) two thousandand (year) commissioned by the undersigned as a notary public, within and forthe said jurisdiction, for a term ending the thirty-first day of December (year)

_______________ Executive Judge

SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a NotarialSeal. - The Certificate of Authorization to Purchase a Notarial Seal shall be validfor a period of three (3) months from date of issue, unless extended by theExecutive Judge.

A mark, image or impression of the seal that may be purchased by thenotary public pursuant to the Certificate shall be presented to the ExecutiveJudge for approval prior to use.

SEC. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. -The Certificate of Authorization to Purchase a Notarial Seal shall substantiallybe in the following form:

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT OF_____________

CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL

This is to authorize (name of notary public) of (city or province) who wascommissioned by the undersigned as a notary public, within and for the saidjurisdiction, for a term ending, the thirty-first of December (year) to purchase anotarial seal.

Issued this (day) of (month) (year).

_______________ Executive Judge

SEC. 10. Official Seal of Notary Public. - Every person commissioned asnotary public shall have only one official seal of office in accordance with theseRules.

SEC. 11. Jurisdiction and Term. - A person commissioned as notary publicmay perform notarial acts in any place within the territorial jurisdiction of the

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commissioning court for a period of two (2) years commencing the first day ofJanuary of the year in which the commissioning is made, unless earlier revokedor the notary public has resigned under these Rules and the Rules of Court.

SEC. 12. Register of Notaries Public. - The Executive Judge shall keep andmaintain a Register of Notaries Public in his jurisdiction which shall contain,among others, the dates of issuance or revocation or suspension of notarialcommissions, and the resignation or death of notaries public. The ExecutiveJudge shall furnish the Office of the Court Administrator information and datarecorded in the register of notaries public. The Office of the Court Administratorshall keep a permanent, complete and updated database of such records.

SEC. 13. Renewal of Commission. - A notary public may file a writtenapplication with the Executive Judge for the renewal of his commission withinforty-five (45) days before the expiration thereof. A mark, image or impressionof the seal of the notary public shall be attached to the application.

Failure to file said application will result in the deletion of the name of thenotary public in the register of notaries public.

The notary public thus removed from the Register of Notaries Public mayonly be reinstated therein after he is issued a new commission in accordancewith these Rules.

SEC. 14. Action on Application for Renewal of Commission. - The ExecutiveJudge shall, upon payment of the application fee mentioned in Section 3 aboveof this Rule, act on an application for the renewal of a commission within thirty(30) days from receipt thereof. If the application is denied, the Executive Judgeshall state the reasons therefor.

RULE IV

POWERS AND LIMITATIONS OF NOTARIES PUBLIC

SECTION 1. Powers. - (a) A notary public is empowered to perform thefollowing notarial acts:

(1) acknowledgments;

(2) oaths and affirmations;

(3) jurats;

(4) signature witnessings;

(5) copy certifications; and

(6) any other act authorized by these Rules.

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(b) A notary public is authorized to certify the affixing of a signature by thumbor other mark on an instrument or document presented for notarization if:

(1) the thumb or other mark is affixed in the presence of the notarypublic and of two (2) disinterested and unaffected witnesses to theinstrument or document;

(2) both witnesses sign their own names in addition to the thumb orother mark;

(3) the notary public writes below the thumb or other mark: “Thumb orOther Mark affixed by (name of signatory by mark) in the presenceof (names and addresses of witnesses) and undersigned notarypublic”; and

(4) the notary public notarizes the signature by thumb or other markthrough an acknowledgment, jurat, or signature witnessing.

(c) A notary public is authorized to sign on behalf of a person who is physicallyunable to sign or make a mark on an instrument or document if:

(1) the notary public is directed by the person unable to sign or make amark to sign on his behalf;

(2) the signature of the notary public is affixed in the presence of twodisinterested and unaffected witnesses to the instrument ordocument;

(3) both witnesses sign their own names ;

(4) the notary public writes below his signature: “Signature affixed bynotary in presence of (names and addresses of person and two \2]witnesses)”; and

(5) the notary public notarizes his signature by acknowledgment or jurat.

SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial actoutside his regular place of work or business; provided, however, that on certainexceptional occasions or situations, a notarial act may be performed at therequest of the parties in the following sites located within his territorial jurisdiction:

(1) public offices, convention halls, and similar places where oaths ofoffice may be administered;

(2) public function areas in hotels and similar places for the signing ofinstruments or documents requiring notarization;

(3) hospitals and other medical institutions where a party to an instrumentor document is confined for treatment; and

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(4) any place where a party to an instrument or document requiringnotarization is under detention.

(b) A person shall not perform a notarial act if the person involved as signatoryto the instrument or document -

(1) is not in the notary’s presence personally at the time of the notarization;and

(2) is not personally known to the notary public or otherwise identified bythe notary public through competent evidence of identity as definedby these Rules.

SEC. 3. Disqualifications. - A notary public is disqualified from performing anotarial act if he:

(a) is a party to the instrument or document that is to be notarized;

(b) will receive, as a direct or indirect result, any commission, fee, advantage,right, title, interest, cash, property, or other consideration, except asprovided by these Rules and by law; or

(c) is a spouse, common-law partner, ancestor, descendant, or relative byaffinity or consanguinity of the principal within the fourth civil degree.

SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarialact described in these Rules for any person requesting such an act even if hetenders the appropriate fee specified by these Rules if:

(a) the notary knows or has good reason to believe that the notarial act ortransaction is unlawful or immoral;

(b) the signatory shows a demeanor which engenders in the mind of thenotary public reasonable doubt as to the former’s knowledge of theconsequences of the transaction requiring a notarial act; and

(c) in the notary’s judgment, the signatory is not acting of his or her ownfree will.

SEC. 5. False or Incomplete Certificate. - A notary public shall not:

(a) execute a certificate containing information known or believed by thenotary to be false.

(b) affix an official signature or seal on a notarial certificate that is incomplete.

SEC. 6. Improper Instruments or Documents. - A notary public shall notnotarize:

(a) a blank or incomplete instrument or document; or

(b) an instrument or document without appropriate notarial certification.

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RULE V

FEES OF NOTARY PUBLIC

SECTION 1. Imposition and Waiver of Fees. - For performing a notarial act,a notary public may charge the maximum fee as prescribed by the SupremeCourt unless he waives the fee in whole or in part.

SEC. 2. Travel Fees and Expenses. - A notary public may charge travelfees and expenses separate and apart from the notarial fees prescribed in thepreceding section when traveling to perform a notarial act if the notary publicand the person requesting the notarial act agree prior to the travel.

SEC. 3. Prohibited Fees. - No fee or compensation of any kind, exceptthose expressly prescribed and allowed herein, shall be collected or receivedfor any notarial service.

SEC. 4. Payment or Refund of Fees. - A notary public shall not requirepayment of any fees specified herein prior to the performance of a notarial actunless otherwise agreed upon.

Any travel fees and expenses paid to a notary public prior to the performanceof a notarial act are not subject to refund if the notary public had already traveledbut failed to complete in whole or in part the notarial act for reasons beyond hiscontrol and without negligence on his part.

SEC. 5. Notice of Fees. - A notary public who charges a fee for notarialservices shall issue a receipt registered with the Bureau of Internal Revenueand keep a journal of notarial fees. He shall enter in the journal all fees chargedfor services rendered.

A notary public shall post in a conspicuous place in his office a completeschedule of chargeable notarial fees.

RULE VI

NOTARIAL REGISTER

SECTION 1. Form of Notarial Register. - (a) A notary public shall keep,maintain, protect and provide for lawful inspection as provided in these Rules, achronological official notarial register of notarial acts consisting of a permanentlybound book with numbered pages.

The register shall be kept in books to be furnished by the Solicitor Generalto any notary public upon request and upon payment of the cost thereof. Theregister shall be duly paged, and on the first page, the Solicitor General shallcertify the number of pages of which the book consists.

For purposes of this provision, a Memorandum of Agreement orUnderstanding may be entered into by the Office of the Solicitor General and

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the Office of the Court Administrator.

(b) A notary/ public shall keep only one active notarial register at any giventime.

SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, thenotary shall record in the notarial register at the time of notarization the following:

(1) the entry number and page number;

(2) the date and time of day of the notarial act;

(3) the type of notarial act;

(4) the title or description of the instrument, document or proceeding;

(5) the name and address of each principal;

(6) the competent evidence of identity as defined by these Rules if thesignatory is not personally known to the notary;

(7) the name and address of each credible witness swearing to oraffirming the person’s identity;

(8) the fee charged for the notarial act;

(9) the address where the notarization was performed if not in the notary’sregular place of work or business; and

(10)any other circumstance the notary public may deem of significanceor relevance.

(b) A notary public shall record in the notarial register the reasons andcircumstances for not completing a notarial act.

(c) A notary public shall record in the notarial register the circumstances ofany request to inspect or copy an entry in the notarial register, includingthe requester’s name, address, signature, thumbmark or otherrecognized identifier, and evidence of identity. The reasons for refusal toallow inspection or copying of a journal entry shall also be recorded.

(d) When the instrument or document is a contract, the notary public shallkeep an original copy thereof as part of his records and enter in saidrecords a brief description of the substance thereof and shall give toeach entry a consecutive number, beginning with number one in eachcalendar year. He shall also retain a duplicate original copy for the Clerkof Court.

(e) The notary public shall give to each instrument or document executed,sworn to, or acknowledged before him a number corresponding to the

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one in his register, and shall also state on the instrument or documentthe page/s of his register on which the same is recorded. No blank lineshall be left between entries.

(f) In case of a protest of any draft, bill of exchange or promissory note, thenotary public shall make a full and true record of all proceedings in relationthereto and shall note therein whether the demand for the sum of moneywas made, by whom, when, and where; whether he presented suchdraft, bill or note; whether notices were given, to whom and in whatmanner; where the same was made, when and to whom and wheredirected; and of every other fact touching the same.

(g) At the end of each week, the notary public shall certify in his notarialregister the number of instruments or documents executed, sworn to,acknowledged, or protested before him; or if none, this certificate shallshow this fact.

(h) A certified copy of each month’s entries and a duplicate original copy ofany instrument acknowledged before the notary public shall, within thefirst ten (10) days of the month following, be forwarded to the Clerk ofCourt and shall be under the responsibility of such officer. If there is noentry to certify for the month, the notary shall forward a statement to thiseffect in lieu of certified copies herein required.

SEC. 3. Signatures and Thumbmarks. - At the time of notarization, thenotary’s notarial register shall be signed or a thumb or other mark affixed byeach:

(a) principal;

(b) credible witness swearing or affirming to the identity of a principal; and

(c) witness to a signature by thumb or other mark, or to a signing by thenotary public on behalf of a person physically unable to sign.

SEC. 4. Inspection, Copying and Disposal. - (a) In the notary’s presence,any person may inspect an entry in the notarial register, during regular businesshours, provided;

(1) the person’s identity is personally known to the notary public or proventhrough competent evidence of identity as defined in these Rules;

(2) the person affixes a signature and thumb or other mark or otherrecognized identifier, in the notarial .register in a separate, datedentry;

(3) the person specifies the month, year, type of instrument or document,and name of the principal in the notarial act or acts sought; and

(4) the person is shown only the entry or entries specified by him.

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(b) The notarial register may be examined by a law enforcement officer inthe course of an official investigation or by virtue of a court order.

(c) If the notary public has a reasonable ground to believe that a person hasa criminal intent or wrongful motive in requesting information from thenotarial register, the notary shall deny access to any entry or entriestherein.

SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In case thenotarial register is stolen, lost, destroyed, damaged, or otherwise renderedunusable or illegible as a record of notarial acts, the notary public shall, withinten (10) days after informing the appropriate law enforcement agency in thecase of theft or vandalism, notify the Executive Judge by any means providing aproper receipt or acknowledgment, including registered mail and also provide acopy or number of any pertinent police report.

(b) Upon revocation or expiration of a notarial commission, or death of thenotary public, the notarial register and notarial records shall immediatelybe delivered to the office of the Executive Judge.

SEC. 6. Issuance of Certified True Copies. - The notary public shall supplya certified true copy of the notarial record, or any part thereof, to any personapplying for such copy upon payment of the legal fees.

RULE VII

SIGNATURE AND SEAL OF NOTARY PUBLIC

SECTION 1. Official Signature. - In notarizing a paper instrument ordocument, a notary public shall:

(a) sign by hand on the notarial certificate only the name indicated and asappearing on the notary’s commission;

(b) not sign using a facsimile stamp or printing device; and

(c) affix his official signature only at the time the notarial act is performed.

SEC. 2. Official Seal. - (a) Every person commissioned as notary publicshall have a seal of office, to be procured at his own expense, which shall notbe possessed or owned by any other person. It shall be of metal, circular inshape, two inches in diameter, and shall have the name of the city or provinceand the word “Philippines” and his own name on the margin and the roll ofattorney’s number on the face thereof, with the words “notary public” acrossthe center. A mark, image or impression of such seal shall be made directly onthe paper or parchment on which the writing appears.

(b) The official seal shall be affixed only at the time the notarial act isperformed and shall be clearly impressed by the notary public on everypage of the instrument or document notarized.

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(c) When not in use, the official seal shall be kept safe and secure and shallbe accessible only to the notary public or the person duly authorized byhim.

(d) Within five (5) days after the official seal of a notary public is stolen, lost,damaged or other otherwise rendered unserviceable in affixing a legibleimage, the notary public, after informing the appropriate law enforcementagency, shall notify the Executive Judge in writing, providing properreceipt or acknowledgment, including registered mail, and in the eventof a crime committed, provide a copy or entry number of the appropriatepolice record. Upon receipt of such notice, if found in order by theExecutive Judge, the latter shall order the notary public to cause noticeof such loss or damage to be published, once a week for three (3)consecutive weeks, in a newspaper of general circulation in the city orprovince where the notary public is commissioned. Thereafter, theExecutive Judge shall issue to the notary public a new Certificate ofAuthorization to Purchase a Notarial Seal.

(e) Within five (5) days after the death or resignation of the notary public, orthe revocation or expiration of a notarial commission, the official sealshall be surrendered to the Executive Judge and shall be destroyed ordefaced in public during office hours. In the event that the missing, lostor damaged seal is later found or surrendered, it shall be delivered bythe notary public to the Executive Judge to be disposed of in accordancewith this section. Failure to effect such surrender shall constitutecontempt of court. In the event of death of the notary public, the personin possession of the official seal shall have the duty to surrender it to theExecutive Judge.

SEC. 3. Seal Image. - The notary public shall affix a single, clear, legible,permanent, and photographically reproducible mark, image or impression ofthe official seal beside his signature on the notarial certificate of a paperinstrument or document.

SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer ofnotarial seals may not sell said product without a written authorization from theExecutive Judge.

(b) Upon written application and after payment of the application fee, theExecutive Judge may issue an authorization to sell to a vendor ormanufacturer of notarial seals after verification and investigation of thelatter’s qualifications. The Executive Judge shall charge an authorizationfee in the amount of Php 4,000 for the vendor and Php 8,000 for themanufacturer. If a manufacturer is also a vendor, he shall only pay themanufacturer’s authorization fee.

(c) The authorization shall be in effect for a period of four (4) years from thedate of its issuance and may be renewed by the Executive Judge for a

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similar period upon payment of the authorization fee mentioned in thepreceding paragraph.

(d) A vendor or manufacturer shall not sell a seal to a buyer except uponsubmission of a certified copy of the commission and the Certificate ofAuthorization to Purchase a Notarial Seal issued by the Executive Judge.A notary public obtaining a new seal as a result of change of name shallpresent to the vendor or manufacturer a certified copy of the Confirmationof the Change of Name issued by the Executive Judge.

(e) Only one seal may be sold by a vendor or manufacturer for eachCertificate of Authorization to Purchase a Notarial Seal,

(f) After the sale, the vendor or manufacturer shall affix a mark, image orimpression of the seal to the Certificate of Authorization to Purchase aNotarial Seal and submit the completed Certificate to the Executive Judge.Copies of the Certificate of Authorization to Purchase a Notarial Sealand the buyer’s commission shall be kept in the files of the vendor ormanufacturer for four (4) years after the sale.

(g) A notary public obtaining a new seal as a result of change of name shallpresent to the vendor a certified copy of the order confirming the changeof name issued by the Executive Judge.

RULE VIII

NOTARIAL CERTIFICATES

SECTION 1. Form of Notarial Certificate. - The notarial form used for anynotarial instrument or document shall conform to all the requisites prescribedherein, the Rules of Court and all other provisions of issuances by the SupremeCourt and in applicable laws.

SEC. 2. Contents of the Concluding Part of the Notarial Certificate. - Thenotarial certificate shall include the following:

(a) the name of the notary public as exactly indicated in the commission;

(b) the serial number of the commission of the notary public;

(c) the words “Notary Public” and the province or city where the notary publicis commissioned, the expiration date of the commission, the officeaddress of the notary public; and

(d) the roll of attorney’s number, the professional tax receipt number andthe place and date of issuance thereof, and the IBP membership number.

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RULE IX

CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC

SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of authorityevidencing the authenticity of the official seal and signature of a notary publicshall be issued by the Executive Judge upon request in substantially the followingform:

CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT

I, (name, title, jurisdiction of the Executive Judge), certify that (name of notarypublic), the person named in the seal and signature on the attached document,is a Notary Public in and for the (City/Municipality/Province) of the Republic ofthe Philippines and authorized to act as such at the time of the document’snotarization.

IN WITNESS WHEREOF, I have affixed below my signature and seal of thisoffice this (date) day of (month) (year).

_________________ (official signature)

(seal of Executive Judge)RULE X

CHANGES OF STATUS OF NOTARY PUBLIC

SECTION 1. Change of Name and Address.

Within ten (10) days after the change of name of the notary public by courtorder or by marriage, or after ceasing to maintain the regular place of work orbusiness, the notary public shall submit a signed and dated notice of such factto the Executive Judge.

The notary public shall not notarize until:

(a) he receives from the Executive Judge a confirmation of the new nameof the notary public and/or change of regular place of work or business;and

(b) a new seal bearing the new name has been obtained.

The foregoing notwithstanding, until the aforementioned steps have beencompleted, the notary public may continue to use the former name or regularplace of work or business in performing notarial acts for three (3) months fromthe date of the change, which may be extended once for valid and just cause bythe Executive Judge for another period not exceeding three (3) months.

SEC. 2. Resignation. - A notary public may resign his commission bypersonally submitting a written, dated and signed formal notice to the Executive

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Judge together with his notarial seal, notarial register and records. Effectivefrom the date indicated in the notice, he shall immediately cease to performnotarial acts. In the event of his incapacity to personally appear, the submissionof the notice may be performed by his duly authorized representative.

SEC. 3. Publication of Resignation. - The Executive Judge shall immediatelyorder the Clerk of Court to post in a conspicuous place in the offices of theExecutive Judge and of the Clerk of Court the names of notaries public whohave resigned their notarial commissions and the effective dates of theirresignation.

RULE XI

REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS

SECTION 1. Revocation and Administrative Sanctions. - (a) The ExecutiveJudge shall revoke a notarial commission for any ground on which an applicationfor a commission may be denied.

(b) In addition, the Executive Judge may revoke the commission of, orimpose appropriate administrative sanctions upon, any notary publicwho:

(1) fails to keep a notarial register;

(2) fails to make the proper entry or entries in his notarial registerconcerning his notarial acts;

(3) fails to send the copy of the entries to the Executive Judge withinthe first ten (10) days of the month following;

(4) fails to affix to acknowledgments the date of expiration of hiscommission;

(5) fails to submit his notarial register, when filled, to the ExecutiveJudge;

(6) fails to make his report, within a reasonable time, to the ExecutiveJudge concerning the performance of his duties, as may be requiredby the judge;

(7) fails to require the presence of a principal at the time of the notarialact;

(8) fails to identify a principal on the basis of personal knowledge orcompetent evidence;

(9) executes a false or incomplete certificate under Section 5, Rule IV;

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(10) knowingly performs or fails to perform any other act prohibited ormandated by these Rules; and

(11) commits any other dereliction or act which in the judgment of theExecutive Judge constitutes good cause for revocation ofcommission or imposition of administrative sanction.

(c) Upon verified complaint by an interested, affected or aggrieved person,the notary public shall be required to file a verified answer to the complaint

If the answer of the notary public is not satisfactory, the Executive Judgeshall conduct a summary hearing. If the allegations of the complaint are notproven, the complaint shall be dismissed. If the charges are duly established,the Executive Judge shall impose the appropriate administrative sanctions.In either case, the aggrieved party may appeal the decision to the SupremeCourt for review. Pending the appeal, an order imposing disciplinary sanctionsshall be immediately executory, unless otherwise ordered by the SupremeCourt.

(d) The Executive Judge may motu proprio initiate administrative proceedingsagainst a notary public, subject to the procedures prescribed in paragraph(c) above and impose the appropriate administrative sanctions on thegrounds mentioned in the preceding paragraphs (a) and (b).

SEC. 2. Supervision and Monitoring of Notaries Public. - The ExecutiveJudge shall at all times exercise supervision over notaries public and shall closelymonitor their activities.

SEC. 3. Publication of Revocations and Administrative Sanctions. - TheExecutive Judge shall immediately order the Clerk of Court to post in aconspicuous place in the offices of the Executive Judge and of the Clerk ofCourt the names of notaries public who have been administratively sanctionedor whose notarial commissions have been revoked.

SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling theobligations in Section 4(e), Rule VI and Section 2(e), Rule VII, the ExecutiveJudge, upon being notified of such death, shall forthwith cause compliance withthe provisions of these sections.

RULE XII

SPECIAL PROVISIONS

SECTION 1. Punishable Acts. - The Executive Judge shall cause theprosecution of any person who:

(a) knowingly acts or otherwise impersonates a notary public;

(b) knowingly obtains, conceals, defaces, or destroys the seal, notarialregister, or official records of a notary public; and

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(c) knowingly solicits, coerces, or in any way influences a notary public tocommit official misconduct.

SEC 2. Reports to the Supreme Court. - The Executive Judge concernedshall submit semestral reports to the Supreme Court on discipline andprosecution of notaries public.

RULE XIII

REPEALING AND EFFECTIVITY PROVISIONS

SECTION 1. Repeal. - All rules and parts of rules, including issuances ofthe Supreme Court inconsistent herewith, are hereby repealed or accordinglymodified.

SEC. 2. Effective Date. - These Rules shall take effect on the first day ofAugust 2004, and shall be published in a newspaper of general circulation in thePhilippines which provides sufficiently wide circulation.

Promulgated this 6th day of July, 2004.

(Sgd.) Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago,Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo,Sr., Azcuna and Tinga, JJ.

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Annex “G-1”

EN BANC RESOLUTION

A.M. NO. 02-8-13-SC

Re: 2004 RULES ON NOTARIAL PRACTICE

The Court Resolved to

x x x

(d) NOTE the Letter dated 13 December 2004 of Court Administrator Velasco,Jr., forwarding the draft Memorandum of Agreement between the Office of theCourt Administrator and the Office of the Solicitor General on the printing ofNotarial Registers; and

(e) NOTE and APPROVE the aforesaid draft Memorandum of Agreement,to wit:

MEMORANDUM OF AGREEMENT

KNOW ALL PERSONS BY THESE PRESENTS:

This Memorandum of Agreement jointly formulated and entered into by andbetween:

The Office of the Court Administrator, represented herein by the HonorablePresbitero J. Velasco, Jr., the Court Administrator, hereinafter referred to as theOCA;

and –

The Office of the Solicitor General, represented herein by the Honorable AlfredoL. Benipayo, the Solicitor General, hereinafter referred to as the OSG;

WITNESSETH THAT:

WHEREAS, the OCA was created as an office in the Supreme Court toassist the Court in the exercise of its power of administrative supervision asprovided under Section 6, Article VIII of the Constitution;

WHEREAS, the Supreme Court has issued the 2004 Rules on NotarialPractice and pursuant thereto has authorized the OCA to enter into aMemorandum of Agreement with the OSG for the effective and efficientimplementation of said Rules particularly Rule VI thereof;

WHEREAS, pursuant to said Rule VI, the National Register shall be kept inbooks to be furnished by the Solicitor General and that said register shall beduly paged, and on the first page, the Solicitor General shall certify the numberof pages of each book;

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WHEREAS, the Supreme Court has adequate facilities for the printing ofsaid notarial registers and the OCA, which has under its administrativesupervision all courts and the personnel as provided in Section 6, Article VIII ofthe Constitution, can more expeditiously and conveniently furnish the notarialregisters to any notary public all over the country.

NOW, THEREFORE, the OCA and the OSG have formulated and mutuallyagreed as follows:

(1) The Notarial Books shall henceforth be printed by the Supreme CourtPrinting Office or any other printing press authorized by it.

(2) The OSG hereby delegates to the OCA its responsibility with respect tothe printing and distribution of the notarial books as prescribed under Rule VI ofthe 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) and the CourtAdministrator shall henceforth ensure that Notarial Registers shall be duly pagedand shall certify the number of pages in each book.

(3) The OCA shall then be responsible for distributing the same to theExecutive Judges all over the country who in turn will make the same availableto any notary public upon request and upon payment of the cost thereof.

(4) The parties shall determine the price of the Notarial Book and shall remitto the OSG on a quarterly basis ten percent (10%) thereof as the latter’s shareout of the sale of said registers.

IN WITNESS WHEREOF, the parties thru their respective representativeshave affixed their signatures hereon this ____ day of ________ 2005.

(Sgd.) Hon. ALFREDO L. BENIPAYO Solicitor General

(Sgd.) Hon. PRESBITERO J. VELASCO, JR. Court Administrator

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Annex “H”

EN BANC RESOLUTION

A.M. No. 01-1-07-SC

Guidelines in the Accreditation of Newspapers and Periodicalsand in the Distribution of Legal Notices and Advertisements for

Publication

GUIDELINES IN THE ACCREDITATION OF NEWSPAPERS ANDPERIODICALS SEEKING TO PUBLISH JUDICIAL AND LEGALNOTICES AND OTHER SIMILAR ANNOUNCEMENTS AND IN

THE RAFFLE THEREOF

The concern has been expressed by various sectors that despite circularsand other issuances of the Supreme Court, there remain variances in theapplication and implementation by the Executive Judges of the Regional TrialCourts of the provisions of Presidential Decree No. 1079 (Revising andConsolidating All Laws and Decrees Regulating the Publication of JudicialNotices, Advertisements for Public Biddings, Notices of Auction Sales and OtherSimilar Notices). To ensure uniform compliance with the said law and to protectthe interests of the public, in general, and of the litigants, in particular, the followingguidelines are set forth for all concerned:

I. Accreditation

SECTION 1. Scope of application.– These Guidelines apply only in caseswhere judicial or legal notices are to be published in newspapers or periodicalsthat are of general circulation in a particular province or city.

Publication of notices for national dissemination may be published innewspapers or periodicals with national circulation without need of accreditation.

SEC. 2. Requirement of accreditation.– Only accredited newspapers orperiodicals may publish judicial or legal notices.

SEC. 3. Application for accreditation.– A verified application for accreditationmay be filed with the office of the Executive Judge of the Regional Trial Courthaving administrative supervision over the courts whose orders are to bepublished.

(a) The application shall include complete and accurate information on thefollowing:

(1) Title of the publication;(2) Name of the publisher;(3) Name of the editor-in-chief;(4) Frequency of publication;

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(5) Address, telephone number and fax machine number (if any), of theprincipal office;

(6) Total number of copies printed (as of the date of application foraccreditation); and

(7) Month, date and year of first issue.

(b) A newspaper or periodical has its principal office in the address registeredwith the Securities and Exchange Commission or with the Departmentof Trade and Industry.

(c) A newspaper or periodical which has its principal office in any of thecities or municipalities in a province may be accredited by any one or allof the Regional Trial Court Executive Judges in the province, providedthat all requisites for accreditation are complied with.

A newspaper or periodical which has its principal office in any of thecities or municipalities in the National Capital Judicial Region may beaccredited by any one or all of the Regional Trial Court Executive Judgestherein, provided that it satisfies all the requirements for accreditation.

(d) The application for accreditation shall include statements on the following:

(1) That the applicant is duly registered as a newspaper or periodical;

(2) That the newspaper or periodical is edited, published and circulatedin the province or city where accreditation is sought;

(3) That the newspaper or periodical has been regularly published for atleast one (1) year before the date of the application of accreditation;

(4) That the newspaper or periodical is not participating in the raffle oflegal and judicial notices in other provinces and/or cities;

(5) Whether or not the newspaper or periodical carries commercialdisplay advertising. If the newspaper or periodical carries suchadvertising, the applicant should submit a copy of the publication’scurrent contract form showing its commercial display advertisingrates; and

(6) That the newspaper or periodical does not merely reproduce or reprintnews pages of other newspapers or periodicals within the region ofthe province or city of the Regional Trial Court involved.

(e) The application for accreditation shall be accompanied by the following:

(1) Three (3) sample copies of the newspaper’s or periodical’s printedformat for legal and judicial notices following the requisites prescribedby Section 4 of P. D. No. 1079, to wit:

(a) Font size eight (8) points for the text or less, and not more thanten (10) points for the heading;

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(b) Column width – more but not less than nine (9) cms; and

(c) Line spacing for text and heading – normal single-space.

(2) Copy of an issue of the newspaper containing commercialadvertisement published in the last twelve (12) months;

(3) Certified true copy of a contract or insertion order or invoice describingthe size and rate of the advertisement; and

(4) Certified true copy of a newspaper’s official receipt showing paymentper contracted advertising rate.

SEC. 4. Application fees.– A fee shall be collected in an amount to be fixedby the Office of the Court Administrator for every application for accreditationfiled with the Regional Trial Court.

SEC. 5. Non-compliance with requirements.– Any application foraccreditation that fails to comply with any of the requirements prescribed by thepreceding provisions shall be denied without further evaluation.

SEC. 6. Evaluation and approval of applications.– An application foraccreditation shall be evaluated and approved by the Executive Judge of theRegional Trial Court having administrative supervision over the courts whoseorders are to be published, taking into consideration the following criteria:

(a) The applicant is duly registered as a newspaper or periodical;

(b) The applicant must have its principal office in and must be of generalcirculation in the city and/or province where it seeks accreditation;

A newspaper or periodical is of general circulation if it is published forthe dissemination of local news and general information (not for a limitedinterest group); it has a bona fide subscription list of paying subscribers;and it is published at regular intervals. (Fortune Motors (Phils.), Inc. vs.Metropolitan Bank and Trust Co., et al., G. R. No. 115068, November 28,1996, 265 SCRA 72)

(c) The newspaper or periodical must have been regularly published for atleast one (1) year before the date of the application; and, afteraccreditation, before the date of each and every raffle participated in bythe accredited publication.

A newspaper or periodical is regularly published if it comes out with 365or 52 issues for those issued daily or weekly, respectively.

(d) The newspaper or periodical must not merely reproduce or reprint newspages of other newspapers or periodicals within the region of the provinceor city of the Regional Trial Court involved.

SEC. 7. Absence of qualified newspapers or periodicals.– In the event thatthere is no newspaper or periodical qualified to be accredited in the station of

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the Regional Trial Court, the qualified publication in the nearest city or provincemay be accredited.

SEC. 8. Period of validity of accreditation.– The accreditation shall be validfor a period of five (5) years from date of approval of the application foraccreditation. During the five-year period, however, the accreditation may besuspended or revoked in accordance with section 16 of these Guidelines.

SEC. 9. Posting of names of accredited newspaper or publication.– TheExecutive Judge shall cause the posting of the names of the accreditednewspaper or publication, the amount they charge per column inch and a sampleof the maximum font and minimum column width prescribed by law in three (3)conspicuous places in the courthouse or Hall of Justice building.

II. Raffle

SEC. 10. Requirement of raffle.– All notices, announcements andadvertisements subject hereof shall be distributed for publication to accreditednewspapers or periodicals by raffle. No such notices, announcements andadvertisements may be assigned for publication without being raffled.

The raffle of judicial or legal notices for publication shall be included in theregular raffle of cases, provided that special raffles may be conducted for noticesthat need to be published before the regular raffle could be conducted.

The posting of judicial notices for publication, the raffle procedure and thepublication of the results thereof shall be conducted in the same manner as theraffle of cases as provided in the Manual for Clerks of Court. All accreditednewspapers or periodicals shall as much as possible be assigned an equalnumber of notices to publish but the same must be done thru raffle.

SEC. 11. Directive to the branch clerk of court.– Orders issued by judgesin cases that require publication of any notice or notices shall include a directiveto the Branch Clerk of Court instructing the latter to furnish the Office of theClerk of Court with a copy of the order so that such notice may be published inaccordance with the provisions of P. D. No. 1079.

SEC. 12. When raffle not necessary.– The distribution by raffle of notices,announcements and advertisements for publication shall be dispensed with incase there is only one accredited newspaper or periodical in a particular province,city or municipality.

III. Rates of Publication

SEC. 13. Rates of publication charges.– Newspapers or periodicals whoseregular commercial rates are lower than ten (P10) pesos per column inch shallnot charge below ten (P10) pesos per column inch of the notices, announcementsand advertisements. In case of newspapers or periodicals that do not carrycommercial display advertising, the rate for the publication of notices,announcements and advertisements shall be fixed at ten (P10) pesos per column

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inch. Newspapers or periodicals may only charge more than ten (P10) pesosup to eighty (80%) percent of their regular commercial display advertising rateswhen there is proper and adequate proof that the rate claimed is the regularcommercial advertising rate.

SEC. 14. Determination of rates of publication charges.– The ExecutiveJudge shall determine the allowable rates as mentioned in the preceding Section,using as basis the contracts and proofs of payment submitted by the publishers.

IV. Font Sizes and Column Width

SEC. 15. Samples of font sizes and column width – The Office of the CourtAdministrator shall issue the appropriate order indicating the samples of themaximum font sizes and minimum column width for notices, announcementsand advertisements.

V. Revocation of Accreditation

SEC. 16. When accreditation may be suspended or revoked.- TheExecutive Judge may suspend or revoke the accreditation of a newspaper orperiodical when it is established in a summary hearing that the said newspaperor periodical no longer complies with the requirements for an accreditednewspaper or periodical as prescribed herein or has violated any of theprovisions of P. D. No. 1079.

VI. APPEAL

SEC. 17. Appeal to the Office of the Court Administrator.– Appeals in thegrant and denial of accreditation or in the suspension or revocation ofaccreditation may be brought before the Office of the Court Administrator by theaggrieved party. The decision of the Court Administrator shall be final.

The Guidelines prescribed in this Resolution shall take effect on November7, 2001 after fifteen (15) days following its publication in two (2) newspapers ofgeneral circulation.

Promulgated this 16th day of October, 2001.

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Annex “I”

OCA CIRCULAR NO. 78-2005

TO : ALL EXECUTIVE JUDGES AND CLERKS OF COURT

SUBJECT: EN BANC RESOLUTION A.M. NO. 01-1-07-SC

PRESCRIBING THE GUIDELINES IN THEACCREDITATION OF NEWSPAPERS AND PERIODICALSSEEKING TO PUBLISH JUDICIAL AND LEGAL NOTICESAND OTHER SIMILAR ANNOUNCEMENTS AND IN THE

RAFFLE THEREOF

The Office of the Court Administrator has been receiving numerousanonymous letters that there are still some Clerks of Court who are not complyingwith En Banc Resolution A.M. NO. 01-1-07-SC dated 16 October 2001,particularly under Section 10 of the said resolution, that is:

“SEC. 10. Requirement of raffle.- All notices, announcements andadvertisements subject hereof shall be distributed for publication to accreditednewspapers or periodicals by raffle. No such notices, announcements andadvertisements may be assigned for publication without being raffled.

The raffle of judicial or legal notices for publication shall be includedin the regular raffle of cases, provided that special raffles may be conductedfor notices that need to be published before the regular raffle could be conducted.

The posting of judicial notices for publication, the raffle procedure and thepublication of the results thereof shall be conducted in the same manner as theraffle of cases as provided in the Manual for Clerks of Court. All accreditednewspapers or periodicals shall as much as possible be assigned an equalnumber of notice to publish but the same must be done thru raffle.” (Emphasissupplied.)

Considering the importance of the publications of judicial notices and othersimilar announcement, it is incumbent upon the judiciary to implementregulations to see to it that the conduct of the same including the raffle thereofshould therefore be protected and guarded against from any attempt of schemingparties to manipulate its conduct and implementation.

With this in mind, our Supreme Court has issued circulars and otherissuances regulating the publication of judicial notices, advertisement for publicbiddings, notices of auction sales and other similar notices to ensure uniformcompliance and to protect the interest of the public, in general, and of litigants,in particular.

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For that matter, all Executive Judges and Clerks of Court are again remindedto take special attention to En Bank Resolution A.M. No. 01-1-07-SC dated 16October 2001, prescribing the Guidelines in the Accreditation of Newspapersand Periodicals seeking to Publish Judicial and Legal Notices and Other SimilarAnnouncements and in the Raffle thereof.

STRICT COMPLIANCE HEREWITH IS HEREBY ENJOINED.

29 July 2005.


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Annex “J”

EN BANC RESOLUTION

A.M. No. 04-7-02-SC

Guidelines on Corporate Surety Bonds

To institute a systematic procedure in the issuance of Certificates ofAccreditation and Authority to surety companies, ensure the efficient and effectivecollection of liabilities under surety bonds and expedite the administration ofjustice, these guidelines are hereby issued for the compliance of all concerned.

I. AUTHORITY OF THE OFFICE OF THE COURT ADMINISTRATOR

Under Presidential Decree 828, as amended by P.D. 842, and SupremeCourt Resolution dated October 24, 1996, the Office of the Court Administrator(OCA) assists the Supreme Court in exercising administrative supervision overall lower courts, specifically on administrative matters, court managementproblems, fiscal operations and legal concerns involving the lower courts.Corollary to its functions, the OCA is designated as the implementing arm ofthe Court in the enforcement of the policies and procedure on surety bonds.

II. ACCREDITATION OF SURETY COMPANIES

In order to preclude spurious and delinquent surety companies fromtransacting business with the courts, no surety company or its authorized agentsshall be allowed to transact business involving surety bonds with the SupremeCourt, Court of Appeals, the Court of Tax Appeals, the Sandiganbayan, RegionalTrial Courts, Shari’a District Courts, Metropolitan Trial Courts, Municipal TrialCourts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, Shari’aCircuit Courts and other courts which may thereafter be created, unlessaccredited and authorized by the Office of the Court Administrator.

A. Procedure for Accreditation

The surety company shall file five (5) verified copies of the applicationfor accreditation with the Docket and Clearance Division, Legal Office, OCA.The surety company shall indicate in said application the province/s and/orcity/ies where it intends to transact surety business and whether saidbusiness involves civil/special proceedings and/or criminal cases. The suretycompany shall file a separate application for accreditation for criminal (SBForm No. 01-2004, Annex “A”) and civil/special proceedings cases (SB FormNo. 02-2004, Annex “A-1”).

The following documents shall be attached to the application form:

A.1 Certified copy of the Articles of Incorporation and By-laws;

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A.2. Certified copy of the latest General Information Sheet submitted tothe Securities and Exchange Commission;

A.3. Secretary Certificate showing the surety company’s authorizedsignatories and their specimen signatures;

A.4. Certified copy of the Authority To Transact Surety Business uponofficial recognizance, stipulations, bonds and undertakings issuedby the Office of the Executive Secretary under the Office of thePresident;

A.5. Certified copy of the current Certificate of Authority from the InsuranceCommission;

A.6. Certified copy of latest Statement of Assets and Liabilities, and auditedFinancial Statements filed with the Bureau of Internal Revenue;

A.7. Sworn Statement relative to outstanding obligations with the courts,signed by the President and Treasurer, specifying the details as to:(a) Case Number, (b) Case Title, (c) Amounts due the courts, andattaching thereto pertinent documents such as Order of Forfeiture,etc.

A.8. Clearance certificates from all offices of the Clerks of Court(Executive Clerks of Court, Office of the Clerks of Court and BranchClerks of Court) where the surety company intends to transactbusiness or where it had transacted business before the approval ofthis guideline showing that the applicant has no outstanding obligationpertaining to forfeited bonds; and

A.9. Verified summary of transactions with the courts for the previousyear. (SB Form No. 03-2004, Annex “A-2”)

For the authorized agents of the insurance companies, the followingadditional documents shall be submitted:

A.10. Joint Deed of Undertaking (SB Form No. 04-2004, Annex “A-3”);

A.11. Board Resolution issued by the surety company granting authorityto its agent/s and acknowledging joint and solidary liability for all theiracts and transactions with the Court;

A.12. Personal Information Sheet of the authorized agent/s, with theaccompanying specimen signatures (SB Form No.05-2004, Annex“A-4”) and ten (10) black and white copies of their latest 2x2photographs; and

A.13. Secretary Certificate containing the specimen signatures of theauthorized agent/s authorized to transact business for and in behalfof the surety company. Additional duplicate copies of the SecretaryCertificate may be subsequently requested.

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B. An application fee of Five Thousand Pesos (P5,000.00) and an additionalfee of Five Hundred Pesos (P500.00) for each authorized agent shall beimposed upon the applicant. An application for accreditation that fails tocomply with any of the above-listed requirements shall not be processed bythe Docket and Clearance Division, Legal Office, OCA, and the applicantshall be notified of the deficiency or defect therein.

C. If the application is complete with all the requirements, the Docketand Clearance Division, Legal Office, OCA, shall submit its recommendationto the Court Administrator for his appropriate action.

If the Court Administrator approves the application of the surety companythat intends to engage in transactions involving criminal cases, the companyshall be required to make a One Million Peso (P1,000,000.00) cash depositwith the Financial Management Office (FMO), OCA, under the fiduciaryaccount with the Land Bank of the Philippines in the name of the OCA-Supreme Court Surety Company Deposits (SCD). The cash deposit shallanswer for the liabilities of the accredited surety company and its authorizedagents in case of non-payment of its obligations pertaining to surety bonds.

Upon One Million Peso (P1,000,000.00) cash deposit made by a suretycompany that intends to engage in transactions in criminal cases, the CourtAdministrator shall issue the corresponding Certificate of Accreditation andAuthority which shall be stamped with the words “VALID FOR CRIMINALCASES.”

If the Court Administrator approves the application of a surety companyfor civil cases only, the One Million Peso (P1,000,000.00) cash deposit shallnot be required. A Certificate of Accreditation and Authority stamped with thewords “VALID FOR CIVIL/SPECIAL PROCEEDINGS CASES” shall beissued.

The Court Administrator shall likewise issue a certified true copy of theCertificate of Accreditation and Authority containing the photograph of theauthorized agent duly sealed and certified by the Court Administrator.

D. The Docket and Clearance Division, Legal Office, OCA, shall furnisha copy of the Certificate of Accreditation and Authority and a list of accreditedsurety companies and their authorized agents to the concerned Clerks ofCourt of the Supreme Court, Court of Appeals, Court of Tax Appeals,Sandiganbayan and in the first and second level courts where the suretycompany intends to transact business. The Clerks of Court shall post onthe bulletin board the list of accredited surety companies and their respectiveauthorized agents.

E. If the application for accreditation is denied, the OCA shall inform theapplicant surety company of the denial and the reasons therefor. Theapplication fee shall be forfeited.

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F. The Certificate of Accreditation and Authority shall be valid for six (6)months covering the periods August 01 to January 31 and February 01 toJuly 31. An application for Certificate of Accreditation and Authority filed afterFebruary 01 or August 01 shall be valid only for the remainder of the six-month period.

G. In case a surety company intends to expand its area of operationduring the six-month period, it shall file a new application form foraccreditation.

III. SUSPENSION OR CANCELLATION OF THE CERTIFICATE OFACCREDITATION AND AUTHORITY

The following are the grounds for the suspension or cancellation of theCertificate of Accreditation and Authority:

1. The surety company has committed fraudulent or illegal acts intransacting bonds;

2. Failure of the surety company to pay the amount of forfeited bond withinfifteen (15) days from notice to pay from the sheriff;

3. Non-compliance by the surety company with any of the provisions of thisCircular and other issuances of the Supreme Court and the OCA;

4. Non-renewal or cancellation of the Certificate of Authority by the InsuranceCommission;

5. Failure to maintain the required One Million Peso (P1,000.000,00) depositdespite notice from the OCA;

6. Violation of the order/s of the courts relative to bonds issued by thesurety company; and

7. Other grounds that may be thereafter prescribed by the Supreme Courtor the OCA.

IV. MONTHLY REPORT ON SURETY COMPANIES WITH OUTSTANDINGOBLIGATIONS

The Clerks of Courts of all concerned courts shall submit to the Docket andClearance Division, Legal Office, OCA, a monthly report on surety companieswith outstanding obligations on or before the 10th day of the succeeding month(SB Form No. 06-2004, Annex “B”). The report shall specify the name of thesurety company, the amount of bond, bond number, the case, number, casetitle, name of the accused or party in a case, date of order of forfeiture andstatus or action taken thereon, attaching in support thereto, the following:

1. Judgment of forfeiture with the corresponding writ of execution;

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2. Subsequent motions/orders relative thereto; and

3. Sheriff’s Return.

V. PROCESSING OF APPLICATION FOR SURETY BONDS

A. FIRST LEVEL AND SECOND LEVEL COURTS

A.1. In multiple sala stations, application for surety bonds shall be filedwith the Office of the Clerk of Court. In single sala station, it shallbe filed with the Clerk of Court. The authorized agent of the suretycompany shall be required to submit the following:

(a) Photocopy of the Certificate of Accreditation and Authorityissued by the Court Administrator containing the photographof the authorized agent after presentation of the original copyhereof as described in Title II, paragraph C; and

(b) Secretary Certificate containing the specimen signatures ofthe agents authorized by the company to transact businesswith the courts.

A.2. All accredited surety companies shall be assigned a number byraffle, conducted every first working day of the month of Augustand February, by the Clerk of Court in single or multiple sala stations.A surety company that is accredited after the raffle shall be addedto the list of raffled surety companies and assigned the nextcorresponding number. In case two (2) or more surety companiesare simultaneously accredited after the raffle, they shall be addedto the list in alphabetical order.

A criminal case where the accused signifies his intention to post asurety bond shall be referred to the surety company according toits rank in the list. The assigned surety company shall have thefirst priority to negotiate with the accused, but the latter shall havethe option to secure the services of another accredited bondingcompany of his choice in case of disagreement with the assignedsurety company on the proposed terms and conditions of the bond.

For example, Criminal Cases A, B, C, D and E shall be assigned,respectively, to Surety Companies ranked No.1, 2, 3, 4, and 5 inthe list. If the accused in Criminal Case “A” decides to avail of asurety bond, Surety Company No.1 shall have the first priority tonegotiate with the former. If the accused in Criminal Case “A” failsto come into terms with Surety Company No. 1, the accused shallhave the option to secure the services of either Surety CompanyNo. “2,” “3,” “4,” or “5,” following said order. If the accused comesinto terms with Surety Company No. “2,” said surety companyshall continue to have the right to negotiate with the accused in

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Criminal Case “B.” Surety Company No.1, on the other hand, willhave to wait for its turn in the next round.

The same procedure shall be followed for surety bonds in civil/special proceedings cases.

A.3. Before transmitting the surety bond for approval by the judgeconcerned, the Clerk of Court shall determine the completenessand authenticity of the bond and its supporting documents, moreparticularly the genuineness of the signatures of the authorizedagents of the company.

A.4. The following requirements shall be attached to bond:

A.4.a. Certified copy of a valid Certificate of Accreditation andAuthority issued by the Office of the Court Administrator;

A.4.b. Copy of the Certificate of Compliance with Circular No. 66 ofthe Insurance Commission duly certified by the InsuranceCommission;

A.4.c. Proof of payment of legal fees under the Rules of Court andthe documentary stamp tax (thirty centavos [P 0.30] on eachfour pesos [P4.00] or fractional part thereof, of the premiumcharged, pursuant to Section 187 Title VII of Rep. Act No.8424) and Value Added Tax (VAT) under the National InternalRevenue Code;

A.4.d. Photocopy of the Certificate of Accreditation and Authorityissued by the Court Administrator containing the photographof the authorized agent (after presentation to the Clerk ofCourt of the original copy thereof as Copy of the Certificateof Accreditation and Authority containing the photograph ofthe agent); and

A.4.e. Secretary Certificate containing the specimen signatures ofthe agents authorized to transact business with the courts.

A.5. In criminal cases, the following additional documents shall besubmitted:

A.5.a. Photographs of the accused;

It shall be the obligation of the bonding company issuing thebond to attach four (4) sets of recently taken black and white2x2 photographs (front, left and right profiles) of the accusedon all copies of the corresponding bail bond to be issued orposted;

A.5.b. Original Copy of the Waiver of Appearance of accused underoath;

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A.5.c. Original Copy of the Certificate of detention;

A.5.d. Certified true copy of the Information; and

A.5.e. Certification from the Barangay Captain attesting to the realname of the accused, his actual residence in the barangayand attaching a location plan showing the residence of theaccused.

A.6. If the proposed surety bond is found to be in order and complieswith all the above-listed requirements, the Clerk of Court shalltransmit the bond to the judge concerned for his appropriateaction. (SB Form No. 07-2004, Annex “C”).

In case any of the requirements is not complied with, thebond shall be disapproved. The Clerk of Court shallimmediately return the bond to the surety company, citingthe reason for the disapproval.

B. COURT OF APPEALS AND SANDIGANBAYAN

B.1. The proposed surety bond shall be filed with the Judicial RecordsDivision, which shall forward the same to the proper Division Clerkof Court. The Division Clerk of Court shall determine thecompleteness and authenticity of the application and requireddocuments submitted by the surety company for surety bondbefore the same is transmitted for approval by the Justiceconcerned.

B.2. The Division Clerk of Court shall only accept application for suretybonds of a surety company duly accredited by the OCA, with avalid Certificate of Accreditation and Authority.

B.3. The Division Clerk of Court shall see to it that the bond is in orderpursuant to the requirements enumerated under this title,paragraphs A.4 and A.5.

In case any of the requirements is not complied with, the bondshall be disapproved. The Division Clerk of Court shall immediatelyreturn the same to the surety company which shall be informed ofthe disapproval.

B.4. When the proposed bond is in order, the Division Clerk of Courtshall transmit the bond to the Justice to whom the case was raffled,for his approval.

C. COURT OF TAX APPEALS

C.1. Where, pursuant to the provisions of Section 11 of Republic Act1125 in relation to Rule 12 of the Rules of the Court of Tax Appeals,suspension of the collection of tax is proper, and the taxpayer files

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an injunction bond in the form of surety for not more than doublethe amount of the tax liability, the Executive Clerk of Court shalldetermine the completeness and authenticity of the requireddocuments submitted by the surety company, pursuant to theprovisions of this title, paragraph A.4. In criminal cases filed pursuantto Rep. Act No. 9282, the Executive Clerk of Court shall imposethe submission of additional requirements provided underparagraph A.5 of this title.

In case any of the requirements is not complied with, the bondshall be disapproved. The Executive Clerk of Court shallimmediately return the bond to the taxpayer/applicant company,citing the reason for the disapproval.

C.2. When the application for injunction bond is in order, the ExecutiveClerk of Court shall transmit the application to the Court for approval.The Court may impose additional requirements as it may deemproper and practicable under the circumstances.

D. SUPREME COURT

D.1. Upon receipt of the Resolution of the Supreme Court granting theissuance of a Writ of Preliminary Injunction subject to the postingof a bond, the petitioner shall submit the bond and other documentsof compliance to the Judicial Records Office (JRO) within the periodprovided for in the Resolution.

D.2. The JRO shall forward the bond and other documents ofcompliance to the concerned Clerk of Court or Division Clerk ofCourt. The Clerk of Court or Division Clerk of Court shall determinethe completeness and authenticity of the bond and requireddocuments before placing them in the agenda for the approval ofthe Court.

D.3. The Clerk of Court or Division Clerk of Court shall accept bondsonly from a surety company that is duly accredited by the OCA,with a valid Certificate of Accreditation and Authority.

D.4. The Clerk of Court or Division Clerk of Court shall see to it that thebond is in order pursuant to the requirements enumerated underthis title, paragraphs A.4 and A.5.

In case any of the requirements is not complied with, the bondshall not be processed. The Clerk of Court shall immediately returnthe same to the petitioner who shall be given ten (10) days withinwhich to comply with the Resolution of the Court. If the petitionerfails to comply, the Writ of Preliminary Injunction issued shall be

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rendered of no force and effect without the need to issue anotherResolution.

D.5. When the bond and other documents in compliance are in order,the Court shall approve the same through a Resolution.

VI. EXECUTION OF JUDGMENTS OF FORFEITURES IN BAIL- BONDS;CLAIMS AGAINST THE CASH DEPOSIT

A. Upon the issuance of the judgment of forfeiture, the Branch Clerk ofCourt shall immediately issue the corresponding writ of execution. Thewrit of execution shall be forwarded, within five (5) days from the date ofits issuance by the Branch Clerk of Court, to the Sheriff. Within the dayupon receipt of the writ, the Sheriff shall, by written notice, require thesurety company to pay the obligation in relation to the forfeited judicialbond within fifteen (15) days from receipt thereof. If the obligation remainsunpaid after the lapse of fifteen (15) days, the Sheriff shall make a levyon the One Million Peso (P1,000,000.00) cash deposit deposited at theFinancial Management Division (FMO), OCA.

The Sheriff concerned shall submit a return within thirty (30) days fromimplementation of the writ to the Clerk of Court pursuant to Section 14,Rule 39 of the 1997 Rules of Civil Procedure.

B. In no case shall staggered payments of forfeited bonds be allowed,pursuant to Section 21, Rule 114 of the Revised Rules of CriminalProcedure.

C. In case of reduction of the One Million Peso (P1,000,000.00) cash depositin view of the levy made by the Sheriff, the Office of the CourtAdministrator shall notify the concerned surety company to deposit anamount equivalent to the amount levied from the cash deposit withinfifteen (15) days from notice. Otherwise, the Certificate of Accreditationand Authority shall be suspended or revoked.

D. Any interest earned from the cash deposit shall inure to the JudiciaryDevelopment Fund (JDF) as provided for in the En Banc Resolution ofthe Court dated 14 September 1999 (A.M. No. 99-8-01-SC).

E. The aforementioned procedure shall likewise apply to the Supreme Court,Court of Appeals, Sandiganbayan and Court of Tax Appeals wheneverapplicable.

VII. LIFETIME OF BONDS IN CRIMINAL AND CIVIL ACTIONS/SPECIALPROCEEDINGS

Unless and until the Supreme Court directs otherwise, the lifetime or durationof the effectivity of any bond issued in criminal and civil actions/specialproceedings, or in any proceeding or incident therein shall be from its approvalby the court, until the action or proceeding is finally decided, resolved or

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terminated. This condition must be incorporated in the terms and condition ofthe bonding contract and shall bind the parties notwithstanding their failure toexpressly state the same in the said contract or agreement.

The surety company shall notify the court concerned and the parties to theaction or proceeding of any act, event, or circumstances that may affect itsbusiness or operations, such as corporate rehabilitation; amendment of itsarticles of incorporation that shortens corporate lifetime, bankruptcy; insolvency;or issuance of writs of execution, attachment, or garnishment against it. Thenotice, which shall be given within ten (10) days from the occurrence of the act,event, or circumstance, shall have as attachments thereto, certified true copiesor authenticated documents evidencing the same act, event or circumstance.

The concerned Clerk of Court shall furnish the Docket and ClearanceDivision, Legal Office, OCA, with a copy of the final order of the court on theMotion to Withdraw as Bondsman filed by the surety company, within ten (10)days upon its issuance.

VIII. CESSATION OF BONDING TRANSACTIONS WITH THE COURT BYTHE SURETY COMPANY; WITHDRAWAL OF THE CASH DEPOSIT

In the event the surety company decides to cease from engaging in bondingtransactions with the court, it shall file a letter-request to that effect with theCourt Administrator with a request for the withdrawal of the One Million Peso(P1,000,000.00) cash deposit/remaining balance.

The withdrawal of the One Million Peso (P1,000.000.00) cash deposit/remaining balance shall be approved upon submission of the following to theDocket and Clearance Division, Legal Office, OCA:

A. Sworn request for withdrawal of the cash deposit from the suretycompany addressed to the Court Administrator (SB Form No. 8-2004,Annex “D”);

B. Board resolution issued by the surety company requesting for thewithdrawal of the cash deposit;

C. Clearances from all Clerks of Court where the surety company/authorized agents were authorized to transact surety business. Theclearance shall indicate that the surety company/authorized agents haveno outstanding obligations pertaining to judicial bonds;

D. Sworn statement that the surety company has not been involved in anyaction or proceeding that may affect its business or operations, such ascorporate rehabilitation; amendment of its articles of incorporation thatshortens corporate lifetime, bankruptcy; insolvency; or issuance of writsof execution, attachment or garnishment against it; and

E. The last Certificate of Accreditation and Authority issued to the suretycompany by the Docket and Clearance Division, Legal Office, OCA.

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Upon submission of the foregoing requirements, the Court Administratorshall issue in favor of the surety company an authority to withdraw its outstandingcash deposit from the Financial Management Office, OCA, which in turn, shallprepare the necessary voucher for the withdrawal of the fund from the LandBank of the Philippines.

IX. TRANSITORY PROVISION

An application for Certificate of Accreditation and Authority filed by a suretycompany after the effectivity hereof shall, if approved, be considered valid forthe remainder of the six-month period.

X. REPEALING CLAUSE

All circulars and issuances inconsistent herewith are deemed supersededor amended accordingly.

(Sgd.) HILARIO G. DAVIDE, JR. Chief Justice

(Sgd.) REYNATO S. PUNO (Sgd.) ARTEMIO V. PANGANIBAN Associate Justice Associate Justice

(Sgd.) LEONARDO A. QUISUMBING (Sgd.) CONSUELO YNARES-SANTIAGO Associate Justice Associate Justice

(Sgd.) ANGELINA SANDOVAL GUTIERREZ (Sgd.) ANTONIO T. CARPIO Associate Justice Associate Justice

(Sgd.) MA. ALICIA AUSTRIA-MARTINEZ (Sgd.) RENATO C. CORONA Associate Justice Associate Justice

(Sgd.) CONCHITA CARPIO-MORALES (Sgd.) ROMEO J. CALLEJO, SR. Associate Justice Associate Justice

(Sgd.) ADOLFO S. AZCUNA (Sgd.) DANTE O. TINGA Associate Justice Associate Justice

(Sgd.) MINITA V. CHICO-NAZARIOAssociate Justice

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Annex “K”

ADMINISTRATIVE ORDER NO. 120-2007

TO : ALL PRESIDING JUSTICES AND CLERKS OF COURTOF THE COURT OF APPEALS, SANDIGANBAYAN, ANDCOURT OF TAX APPEALS AND ALL JUDGES ANDCLERKS OF COURT OF THE REGIONAL TRIALCOURTS, SHARI’A DISTRICT COURTS,METROPOLITAN TRIAL COURTS, MUNICIPAL TRIALCOURTS IN CITIES, MUNICIPAL TRIAL COURTS,MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI’ACIRCUIT COURTS.

SUBJECT : GUIDELINES IN THE DISPOSAL AND/ORDESTRUCTION OF COURT RECORDS, PAPERS ANDEXHIBITS

The court records, papers and exhibits subject of the disposal and/ordestruction must pertain to cases terminated for at least seven (7) years,EXCEPT the following, which shall remain in the office storage of every court,to wit:

a) Naturalization cases;

b) Big land cases;

c) Precedent-setting cases without records in the Supreme Court;

d) Death Penalty cases; and

e) Criminal cases where the Board of Pardons and Parole may requirecertain documents, important court exhibits, extended resolutionsresolving motions for reconsideration, and the like. . .

The phrase “court records, papers and exhibits” refers to basic pleadingsand various supporting papers, documents and exhibits attached to theexpediente or rollo but does not cover decisions of terminated cases. Thesedecisions must still be maintained in the archives of the respective courts topreserve the repositorial value of judicial statements set forth therein;

After the last day of the retention period, a request for authority to dispose ofand/or to destroy court records, papers, and exhibits shall be filed with the Officeof the Court Administrator (OCA), using the prescribed form (Form 1). Therequest shall be acted upon by the Court Administrator within thirty (30) daysfrom receipt hereof;

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Notices of the intention to dispose of and/or destroy court records, papersand exhibits must be posted for at least thirty (30) days from date of receipt ofthe approval of the Office of the Court Administrator of the authority to disposeof and/or destroy the court records, papers and exhibits, at the main entrancesof three (3) conspicuous public places such as the Hall of Justice, ProvincialCapitol, City or Municipal Hall, and the Post Office;

Corresponding notices relative to such disposal and/or destruction of courtrecords, papers and exhibits shall be sent to the parties and/or counsel of recordwho may wish to retrieve documents/evidence from said court records at leastthirty (30) days prior to the date of actual disposal and/or destruction;

The disposal and/or destruction must be carried out after the expiration ofthirty (30) days as provided in the preceding paragraph, and shall be undertakenby selling or burning the court records, papers and exhibits, or by some otherpracticable manner.

The sale or burning shall be conducted in the presence of the PresidingJustice/Executive Judge/Presiding Judge, the Clerk of Court and therepresentative from the Commission on Audit;

The Clerk of Court shall issue the corresponding official receipt to the buyerof the disposed court records, papers, or exhibits, and the amount collectedtherefor shall be recorded in a separate report of collection specifying the natureof the income;

The Clerk of Court shall remit to the Judiciary Development Fund theproceedings from the sale under a separate Remittance Advice to the credit ofthe court involved with notice of such remittance furnished the Office of theCourt Administrator;

Within thirty (30) days after the disposal and/or destruction of court records,papers, and exhibits in accordance with the preceding procedures, the Clerk ofCourt shall prepare a Disposal Report duly noted by the Presiding Justice/Executive Judge/ Presiding Judge, and submit the same to the Office of theCourt Administrator;

The Disposal Report must specify the: (a) court records, papers, and exhibitsdisposed of and/or destroyed, (b) compliance with the basic requirements forthe disposal and/or destruction of said court records, papers and exhibits, and(c) facts concerning the exhaustive efforts by the court concerned to notify theparties and/or counsel of records as prescribed in paragraph 4 hereof; and

Non-submission of the Disposal Report shall be subject to administrativesanctions as the Court may appropriately impose.

The provisions of this Administrative Order shall not be applicable to courtrecords, papers and exhibits where there is a specific law providing the disposaland/or destruction thereof.

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Strict observance of the above rules/procedures is hereby enjoined.

The Administrative Order amends or otherwise supersedes AdministrativeOrder No. 13 dated April 29, 1981, and such other orders, circulars and otherissuances inconsistent herewith.

July 25, 2007.

(Sgd.) REYNATO S. PUNO

Chief Justice

FORM 1

REQUEST FOR AUTHORITY TO DISPOSE OF/DESTROY

COURT RECORDS, PAPERS AND EXHIBITS

Date _________________

Hon. _______________________

Court Administrator

Office of the Court Administrator

Sir:

Authority is requested to dispose of and/or destroy the records, papers and/or exhibits in the following cases listed below:

Case Number

Court Records/Exhibits/Papers

Description

No. of Pages

Date of Entry of

Judgment

Reason for Disposal

Respectfully yours,

Clerk of Court RECOMMENDING APPROVAL:

Presiding Justice/Executive Judge/Presiding Judge

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Annex “L”

EN BANC

A.M. No. 07-3-02-SC

RE: GUIDELINES ON THE JAIL VISITATION AND INSPECTION

R E S O L U T I O N

In view of the need to adopt a uniform procedure in the conduct of jail visitationand inspection as well as in the submission of the required reports in connectiontherewith, the following guidelines are hereby adopted:

SECTION 1. Objectives.– Jail visitation and inspection shall be undertakento:

1. Facilitate the expeditious resolution and/or disposition of criminal casesinvolving adult prisoners/detainees and children in conflict with the law;

2. Prevent or eliminate illegal or unnecessary detention; and

3. Ensure the promotion and protection of the dignity and well-being ofadult prisoners/detainees and children in conflict with the law.

SEC. 2. Who shall conduct jail visitation and inspection; Frequency thereof.– Presiding judges and executive judges, accompanied by their staff members,shall conduct personally once a month the jail visitation and inspection.

(a) Presiding Judges – The presiding judges of the first and second levelcourts shall conduct personally once a month the visitation and inspectionof adult prisoners/detainees and children in conflict with the law whosecases are pending before their respective courts.

(b) Executive Judges – The executive judges of second level courts andmulti-sala first level courts shall conduct personally once a month thevisitation and inspection of provincial, city, and municipal jails as well asother detention centers within their respective jurisdictions. Executivejudges of second level courts shall likewise conduct personally once amonth the visitation and inspection of youth detention homes and youthrehabilitation centers within their respective jurisdictions.

(c) Accompanying Staff – Executive judges and presiding judges may directnot more than two (2) of their staff members to accompany and assistthem in the conduct of the monthly jail visitation and inspection. In nocase, however, must the staff members be allowed to conduct suchvisitation and inspection themselves without the executive judge or thepresiding judge, except in cases provided for under Section 6 hereof.

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SEC. 3. Duties and Responsibilities of Presiding Judges; Reports to beSubmitted.– Presiding Judges shall perform the following duties andresponsibilities:

1. In the course of the jail visitation and inspection, they shall:

(a) determine the number of adult prisoners/detainees and children inconflict with the law whose cases are pending before their courts;

(b) list the (i) names; (ii) case number; (iii) crime charged; (iv) durationof detention; (v) status of the case; and (vi) other pertinent informationon the adult prisoners/detainees and children in conflict with the law;

(c) inquire into the health condition of adult prisoners/detainees andchildren in conflict with the law;

(d) determine whether or not the right of the accused and counsel toconduct private consultations is being observed; and

(e) avert acts of harassment against lawyers, such as beingphotographed and fingerprinted during interviews.

2. They shall submit a monthly report on their jail visitation and inspectionto their executive judges within ten (10) days from such visitation and inspection,indicating therein, among others, any information or circumstances necessitatingimmediate action, and any recommendation for action thereon either by theexecutive judge or the Office of the Court Administrator (OCA).

3. They shall take immediate action on (a) the conditions inimical to thephysical and mental health, safety, and well-being of adult prisoners/detaineesand children in conflict with the law; and (b) urgent matters within theircompetence without the need of the intervention of the Executive Judge.

All the foregoing provisions shall also apply to any presiding judge who isassigned/designated on full detail to another court as acting presiding judgethereat.

SEC. 4. Contents of the Monthly Report of Presiding Judges for Submissionto the Executive Judges.– The monthly report (Jail Visitation Form No. 1) ofpresiding judges shall include the following information:

(a) Number of adult prisoners/detainees and children in conflict with the lawwhose cases are pending before their courts;

(b) The (i) name; (ii) case number; (iii) duration of detention; (iv) crimecharged; (v) status of the case; and (vi) other pertinent information onthe adult prisoners/detainees, and the children in conflict with the law;and

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(c) Any problems or circumstances affecting the safety, health conditionand interest of the adult prisoners/detainees, and the children in conflictwith the law, and any action taken thereon.

SEC. 5. Certification.– The presiding judges shall certify under oath thatthey personally conducted the monthly jail visitation and inspection and that theentries in the report are true and correct. The report shall be subscribed andsworn to by the presiding judge before the executive judge or vice executivejudge; or in case of the unavailability of both, before the presiding judge of thestation nearest to his/her court. Should the distance or available mode oftransportation be such as to make it impracticable to swear before the aforesaidjudges, the declaration under oath may be made before a public prosecutor ora notary public, in this order.

SEC. 6. Jail Visitation and Inspection of Acting Presiding Judges.– ActingPresiding Judges in vacant courts shall likewise undertake personally once amonth the visitation and inspection of adult prisoners/detainees and children inconflict with the law whose cases are pending before their additional courtassignments in accordance with Sec. 3 hereof. In the case of acting presidingjudges who are assigned two or more courts in addition to their regular courts,they may delegate the monthly jail visitation and inspection to the clerk of courtof their respective additional court assignments. The clerk of court may beaccompanied by not more than two (2) court personnel to assist in the conductof the monthly visitation and inspection.

The clerk of court and the court personnel shall conduct the monthly jailvisitation and inspection in accordance with Sec. 3 hereof. The clerk of courtshall submit the required monthly report, bearing the conformity of the actingpresiding judge, to the executive judge within ten (10) days from such visitationand inspection.

SEC. 7. Duties and Responsibilities of Executive Judges; Reports to beSubmitted.– Executive Judges shall perform the following duties andresponsibilities:

1. In the course of the jail visitation and inspection, they shall:

(a) Inquire into the condition of the facilities and services of provincial,city and municipal jails, youth detention homes and youth rehabilitationcenters as well as other detention centers within their respectivejurisdictions, such as but not limited to space/capacity, sanitaryfacilities, ventilation, food, medicines, access to doctors, visiting hoursand visitors allowed;

(b) order the segregation of (i) sexes; and (ii) minors from adult detainees;and

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(c) determine practices disadvantageous to adult prisoners/detaineesand children in conflict with the law, if any.

2. They shall ensure that presiding judges of the first and second levelcourts under their supervision shall (a) personally visit and inspect atleast once a month the condition of adult prisoners/detainees and childrenin conflict with the law whose cases are pending before their respectivecourts; and (b) submit to them monthly reports on their jail visitation.

3. They shall submit a compliance report every quarter, indicating thenames of judges who do not (a) conduct jail visitation and inspectionregularly; and/or (b) submit the required monthly report. Such compliancereport shall be submitted to the Court Management Office, OCA, notlater than the first fifteen (15) days after the last day of every quarter.

4. They shall require jail wardens and heads of youth detention homes andyouth rehabilitation centers to submit to their office a monthly report onthe number of adult prisoners/detainees and children in conflict with thelaw whose cases are pending before the courts under their jurisdiction,preferably by branch. They shall reconcile any discrepancy or conflictbetween the data reflected in the inventory reports submitted by thepresiding judge and the jail warden or head of the youth detention centeror youth rehabilitation center.

SEC. 8. Contents of the Compliance Report of Executive Judges forSubmission to the OCA.– The compliance report (Jail Visitation Form No. 2)shall contain the names of judges who do not conduct the jail visitation andinspection regularly and/or do not submit the required monthly report, and themonths corresponding thereto, as well as the action/s taken thereon, if any.

The compliance report shall have a jail profile which shall include, but shallnot be limited to, the following information:

(a) Perceived or reported instances of harassment of adult prisoners/detainees and children in conflict with the law, and their counsels, suchas but not limited to the deprivation of their right to hold privateconsultations with their counsels;

(b) Jail practices inimical to the health and safety of the adult prisoners/detainees and children in conflict with the law;

(c) Factual observations on the accommodations, jail amenities, healthcondition, space/capacity, sanitary facilities, ventilation, food, medicines,access to doctors, visiting hours and visitors allowed of the adultprisoners/detainees and children in conflict with the law; and

(d) Action/s taken on any relevant problem or concern discovered or reportedduring the jail visitation and inspection.

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SEC. 9. Certification.– The executive judges shall certify under oath thatthey personally conducted the monthly jail visitation and inspection and that theentries in the report are true and correct. The report shall be subscribed andsworn to by the executive judge concerned before his vice-executive judge/s, ifany or in case of his/her/their unavailability, before the presiding judge of thestation nearest to his/her court. Should the distance or available mode oftransportation be such as to make it impracticable to swear before the aforesaidjudges, the declaration under oath may be done before a public prosecutor or anotary public, in this order.

SEC. 10. Duties and Responsibilities of Executive Judges as Presidingand/or Acting Judges.– Executive judges, in their capacity as presiding and/oracting judges of their official stations and other court assignments, respectively,shall perform the duties and responsibilities enumerated under Sections 3, 4, 5and 6 of the Resolution.

SEC. 11. Prescribed Forms.– The attached Jail Visitation Forms Nos. 1and 2, which are integral parts of this Resolution, shall be the official forms forthe monthly report and compliance report, respectively. The forms shall in nomanner be revised, altered or modified.

SEC. 12. Sanctions.– Failure of executive judges/presiding judges/actingjudges to conduct personally the jail visitation and inspection once a monthand/or to submit complete and accurate reports, as required, within theprescribed period shall warrant the withholding of their salaries without prejudiceto whatever administrative sanctions the Supreme Court may impose on themor criminal action which may be filed against them.

SEC. 13. Repealing Clause.– This Resolution modifies and amends Section25, Rule 114 of the Revised Rules on Criminal Procedure; Sections 2 and 3,Chapter X of the Guidelines on the Selection and Appointment of ExecutiveJudges and Defining their Powers, Prerogatives and Duties (A.M. No. 03-8-02-SC); OCA Circulars No. 3-2002 dated May 2, 2002 and

No. 05-2004 dated January 12, 2004 (re: Administrative Matter No. 02-1-02dated 29 January 2002); and provisions of other Court issuances inconsistentherewith.

SEC. 14. Effectivity.– This Resolution shall take effect immediately.

October 14, 2008.

Manual for Executive Judges, 2009

Documents

Transcript of Manual for Executive Judges, 2009