CIRCULAR NO. 1
COURT OF APPEALS, THE SANDIGANBAYAN, THE COURT OF TAX APPEALS, REGIONAL
TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN
MUNICIPAL TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND SHARI'A DISTRICT
AND SHARI'A CIRCUIT COURTS
OF SEC. 12, ART. XVIII OF THE 1987 CONSTITUTION.
12, Art. XVIII of the 1987 Constitution mandating the adoption of a
plan to expedite the decision or resolution of cases or matters pending
in the Supreme Court and the lower courts prior to the effectivity of
Constitution on February 2, 1987, the following directives must be
with strictly by all concerned.
judges of trial courts must, upon assumption of office, and every
thereafter, on June 30th and December 31st of every year, conduct a
inventory of their dockets for the purpose of determining the actual
of cases pending in their salas.
shall be prepared to indicate the cases pending trial, the cases
for decision and the cases that have been archived. Copy of such
shall be submitted to the Supreme Court through the Court Administrator
within thirty  days from receipt of this Circular and the Inventory
Judge and the Clerk of Court shall initial the Records or Rollos of
case to indicate the date of actual inventory. The inventory shall
a list of cases submitted for decision indicating the title and case
and the date of filing of said case. An updated inventory be submitted
to the Supreme Court every six  months thereafter as required in
in Disposition. - All cases or matters submitted for decision or
before the effectivity of the Constitution shall be given preference by
the Presiding Judge in his disposition of his docket.cralaw
Judge's Time and Effective Court Management:chanroblesvirtuallawlibrary
Judges are directed to comply strictly with the guidelines established
in Circular No. 13, July 1, 1987, on punctuality and observance of
hours, effective use of pre-trial and discovery procedures, effective
of trials, the availment of annual conferences.
on postponement should be observed to avoid unnecessary delays in court
proceedings. Faithful adherence to Secs. 3, 4 and 5 of Rule 22, Rules
Court should be observed.
of the court calendar should not be left entirely in the hands of the
of Court and must be closely supervised by the Presiding Judge. A
calendar plan should be followed so that each case in the calendar is
of a hearing on the scheduled day of trial.
Judge must have a calendar of cases submitted for decision, noting the
exact day, month and year when the 90-day period is to expire. As soon
as a case is submitted for decision, this must be noted in the calendar
of the Judge, the records duly collated with the Exhibits and trial
of the judge and placed in the Judge's chambers.cralaw
on Dilatory Petitions to Delay Enforcement of Executory Judgments:chanroblesvirtuallawlibrary
a common practice for litigants to file dilatory petitions for
and prohibition with prayer for a restraining order or writ of
injunction in order to delay or thwart enforcement of final and
judgments of both the Regional Trial Court or of other inferior trial
are filed, the Court concerned should exercise the greatest restraint
avoid delay in the enforcement of final and executory judgments.
is called to Sec. 6, Rule 65 of the Rules of Court which provides that
such petition may be given due course only if "sufficient in form and
Hence, summons should not immediately be issued until the Court finds
petition sufficient in form and substance. Only then should the order
requiring defendant or defendants to answer. Restraining orders or
injunction should not be issued without prior notice and hearing and
of a clear right thereto.cralaw
of Pending Cases in Multi-Sala Station:chanroblesvirtuallawlibrary
stations where former incumbents have either retired or were promoted
undecided pending cases such volume that the present incumbent finds
difficulty in attending thereto, the Executive Judge should promptly
a report and recommendation on the equitable redistribution of these
to the other salas.
much as practicable,
the incumbent judges should arrive at an agreement on the matter;
the matter should be brought to the attention of the Court
for prompt action.cralaw
Judges must observe scrupulously the periods prescribed in Art. VIII,
15 of the Constitution.
reminded that the Supreme Court has applied the "Res Ipsa Loquitur"
rule in the removal of judges even without any formal investigation
a decision, on its face, indicates gross incompetence or gross
of the law or gross misconduct. [See People vs. Valenzuela, 135 SCRA
Cathay Pacific Airways vs. Romillo, Jr., 142 SCRA 262; In re Laureta,
make complete findings of facts in their decision and scrutinize
the legal aspects of the case in the light of the evidence presented.
should avoid the tendency to "generalize and to form conclusion without
detailing the facts from which such conclusions are deduced." [See
People vs. Alvero, G.R. No. 69564, Jan. 29, 1988; Pengson vs.
130 SCRA 289].cralaw
Judges must endeavor to act promptly on all motions and interlocutory
pending before their courts.
by the Rule, and only in situations of extreme urgency, no motions or
applications for relief should be acted upon ex parte. Delays
court proceedings have often times been due to such ex parte
resulting in the aggrieved party having to seek relief from higher
the Court of Appeals down are reminded of the injunction in Habaluyas
Judge Japzon, and subsequent cases, G.R. No. 70895, May 30, 1986, 142
209 [reiterated in Circular No. 10, August 28, 1986] that no motion for
extension of time to file a motion for new trial or reconsideration of
judgment or final order shall be allowed. The granting of such
motion for extension shall not preserve the judgment or order from
final and executory for lapse of the period to appeal. Such motions for
extension may be filed only in the Supreme Court which reserves the
in its discretion to grant or deny the same.cralaw
are reminded that as already pointed out in Circular No. 7, dated
10, 1980, inhibitions and disqualifications are judicial actions which
do not require prior administrative approval.
intervention is necessary only when the inhibitions is by a judge of a
single sala court, and the case has to be transferred to another judge
of another station.
intervention is also warranted in case of conflict of opinions among
judges as to the proprietary of the inhibition.cralaw
cases should be done in open session in the presence of lawyers and
immediately after the Court opens its sessions:chanroblesvirtuallawlibrary
of the raffle should be distributed within 24 hours after completion
to the Judges of the other salas, and a copy sent to the Office of the
should not be permitted except on verified application of the
party who seeks issuance of a provisional remedy and only upon a
by the Executive Judge that unless the special raffle is conducted,
damage shall be suffered by the applicant. The special raffle shall be
conducted by at least two Judges in a multiple-sala station.
strict compliance with Administrative Order No. 6 dated June 30, 1975
Circular No. 7 dated September 23, 1974 requiring that no case may be
in multi-sala Courts without raffle; a raffle committee composed of the
Executive Judge and two other Judges shall be constituted where
raffle proceedings should be stenographically recorded, and the results
signed by the Judges or their representatives and the Clerk of Court,
the branch assignment shall be recorded in words and figures on the
Judges shall conduct dialogues and conferences at least once every
with the officers of the Integrated Bar Chapter in their respective
the Executive Judge shall discuss with the IBP Officers problems
the lawyers, and examine approaches and solutions to enable both the
and the bar to assist each other in the speedy resolution of pending
Confidence in the Courts:chanroblesvirtuallawlibrary
efforts should be addressed towards maintaining public confidence in
10.2. As we
in Circular No. 13, dated July 1, 1987, "all trial judges should
to conduct themselves strictly in accordance with the mandate of
laws and the Code of Judicial Ethics that they be exemplars in their
and the living personification of justice and the Rule of Law."
of case loads would be an efficacious design to strengthen public
in the Courts. All efforts should be exerted so that case disposals
exceed case inputs. Whenever obstacles present themselves which delay
disposition, the Presiding Judge should immediately call the attention
of the Supreme Court through the Court Administrator when the situation
requires remedies beyond the control or capability of the Judges.cralaw
Decisions for all Cases filed after February 2, 1987.
are reminded of the mandatory provisions of Article VIII, Section 15 of
the Constitution setting deadlines for determination and adjudication
cases filed thereunder and for issuance of a certification by the
Judge stating the reason why a decision or resolution has not been
or issued within the deadline period. The provisions are here in below
reproduced for ready reference:chanroblesvirtuallawlibrary
cases or matters filed after the effectivity of this Constitution must
be decided or resolved within twenty-four months from date of
for the Supreme Court, and, unless reduced by the Supreme Court, twelve
months for all lower collegiate Courts, and three months for all other
"(2) A case or
should be deemed submitted for decision or resolution upon the filing
the last pleading, brief, or memorandum required by the Rules of Court
or by the court itself.
"(3) Upon the
of the corresponding period, a certification to this effect signed by
Chief Justice or the Presiding Judge shall forthwith be issued and a
thereof attached to the record of the case or matter, and served upon
parties. The certification shall state why a decision or resolution has
not been rendered or issued within said period.
of the applicable mandatory period, the Court, without prejudice to
responsibility as may have been incurred in consequence thereof, shall
decide or resolve the case or matter submitted thereto for
without further delay."
of Court distribute this Circular among all Courts and the Integrated
of the Philippines and cause the publication thereof in the Official
as well as distribute copies thereof to the media for their