PHILIPPINE SUPREME COURT CIRCULARS - CHAN ROBLES VIRTUAL LAW LIBRARY

Circular No. 7 dated September 23, 1974 establishes a pairing system for multiple sala stations to expedite resolution of urgent matters requiring immediate action whenever the presiding judge of one branch is temporarily absent and/or unable 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 established as follows:

(1) Whenever the presiding judge of a single sala station is temporarily absent and no acting judge has yet been designated, the clerk of court or branch clerk, upon request of any party, shall refer any urgent matter requiring immediate action to the nearest presiding judge of the appropriate Regional Trial Court or Municipal Trial Court with jurisdiction to act on the matter. Such presiding judge is authorized to hear and resolve any urgent matters, including applications for restraining orders, injunctions and other matters requiring immediate attention prior to the return of the regular judge or the assignment of an acting judge, without prejudice to any subsequent action that may be taken by the judge to whom the particular case is eventually assigned. If the nearest trial court is 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 Executive Judge.

(2) The clerk of court, before making such referral to the nearest presiding judge of the same level, shall certify that the presiding judge is temporarily absent and no judge has been designated to act for the branch. The RTC Executive Judge with jurisdiction over the temporarily absent MTC judge, or the Court Administrator in the case of temporarily absent RTC judges, shall immediately be notified of said referral.

(3) The pairing judge shall act on all matters pertaining to the station of the temporarily absent judge in the latter’s court, utilizing the personnel and facilities of said court. His attendance in the court of temporarily absent judge shall be deemed to be on official business. However, if his travel to the court of the absent judge would cause delay in the trial or disposition of cases of his own court, he may act on all matters pertaining to the other court in his own station.

(4) If there are two or more single sala courts more or less equidistant from the court of the absent judge, referral shall be made to the Presiding Judge most senior in station, or if the judges are of equal seniority, then to the Presiding Judge with the least number of pending cases.

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