ADMINISTRATIVE
CIRCULAR NO. 3-94[Amending
Administrative Circular No. 1-94 dated Jan. 14, 1994]
TO:
TO ALL
EXECUTIVE JUDGES AND PRESIDING JUDGES OF THE REGIONAL TRIAL COURTS
SUBJECT:
GUIDELINES IN THE DISTRIBUTION OF CASES AMONG REASSIGNED JUDGES AND
THOSE
OF NEWLY CREATED BRANCHES.
In the
interest of
prompt and expeditious disposition of cases, the following rules shall
be strictly complied with in the distribution of cases among
re-assigned
judges and those newly created branches:chanrobles virtual law library
A.
DISTRIBUTION OF
CASES AMONG RE-ASSIGNED JUDGES
There are
complaints
that cases are shuffled from one judge to another resulting in the
interruption
and delay in the hearing and disposition of cases.cralaw:red
[1] In
order to
minimize if not avoid public criticism, every trial judge who has
started
hearing a case shall continue to hear and decide the case even if a new
judge is appointed or designated to replace him. For this purpose, the
re-assigned judge shall in the meantime be considered Assisting Judge
of
the branch to which he was formerly assigned. If the re-assigned judge
is only transferred to another branch in the same seat, the case shall
be transferred to the branch to which he is assigned. He shall endeavor
to so adjust his calendar as to enable him to dispose of his cases
efficiently
in his original as well as in his present assignment.
Examples:chanroblesvirtuallawlibrary
(a) If
Judge A
who is designated Acting Presiding Judge of a particular branch, is
replaced
by Judge B, who is permanently appointed to the branch, Judge A shall
continue
to hear the case until terminated and decided by him, unless all the
parties
agree in writing to have the new judge hear the case.
(b) Under
the same
situation, if Judge A is appointed to another sala in the same seat, e.g.,
from Br. 80 to Br. 92, Quezon City, Judge A shall bring the case with
him
to Br. 92, with the case being replaced in his docket by another case
which
has not yet been tried and transferred to Br. 80.
2. Cases
submitted for
decision at the time of the appointment of a new judge shall be decided
by the Judge to whom they were submitted for decision, including
motions
for reconsideration and motions for new trial thereafter filed.
However,
if a new trial is granted, the new judge shall preside over the new
trial
until terminated.B. UNLOADING
OF CASES
TO NEWLY CREATED BRANCHES:chanroblesvirtuallawlibrary
1. The
Executive
Judge shall determine the average caseload of each branch by dividing
the
total number of cases pending in the station and dividing them by the
number
of branches thereat including those newly created.
2. Each of
the original
branches may unload its excess over the average number as determined in
the preceding section, subject to the following restrictions:chanroblesvirtuallawlibrary
(a) The
unloading
of cases shall be limited to civil cases which have gone beyond the
pre-trial
stage, and criminal cases where the trial proper has not yet commenced.
(b) In the
event
of an imbalance in the caseloads, it shall be equalized by excluding
from
the raffle all or some of the existing courts with higher dockets. The
existing courts will be included in the raffle only when the caseloads
of the new courts have attained the average level in the subsequent
raffle
of additional cases.
3. Thereafter,
the raffle
shall be effected after the Executive Judge shall have collated all the
cases to be unloaded and all the parties shall have been duly notified.
The unloading shall be done strictly by raffle unless otherwise
authorized
by this Court.
4. As
regards inherited
cases which are submitted for decision before trial judges who have
been
promoted or for any reason are no longer in the service, the following
rules shall apply:chanroblesvirtuallawlibrary
(a)
Inherited cases
shall be decided by the judges of existing courts to whom they are
assigned.
In fact, they are directed to decide these cases with deliberate
dispatch.
(b) This
Court, on its
own initiative or upon recommended of the Executive Judge, may direct a
judge of a newly created court to decide inherited cases.
(c) An
inherited case
is deemed submitted to a judge for decision afetr he has received the
testimony
of the last witness, and for this purpose, the submission of the
exhibits
and the memoranda of the parties shall not be taken into account.
5. Within
fifteen (15)
days from receipt hereof, the Executive Judge shall report to the Court
Administrator the number of inherited cases in the area under his
administrative
supervision.
6. In the
meantime
that the personnel complements of the newly created courts are being
organized,
their presiding judges may be assigned to assist existing courts with
which
such newly created courts may be paired. For this purpose, the
presiding
judge of a newly created court as pair judge of an existing court in
the
same station may hear and resolve cases and incidents requiring speedy
action, such as those involving detention prisoners, applications for
search
warrants, petitions for the habeas corpus, and other cases requiring
immediate
attention.cralaw:red C. SPECIAL
RULES IN
NEWLY CREATED SEATS/STATIONS:chanroblesvirtuallawlibrary
1. In
areas with
newly created seats/stations originally beloging to the territorial
area
of another court (e.g., RTC, Makati where new seats or stations
have been established in Muntinlupa, Las Piñas and
Parañaque),
each branch of the court in the original station is directed to
immediately
make an inventory of the cases which may be properly allocated to the
newly
created courts.
2. In
addition to
the preceding rules on the unloading of cases to newly organized courts
in the new seats/stations, the following rules shall likewise be
observed:chanroblesvirtuallawlibrary
(a) The
cases to
be unloaded to the courts in the new station shall not exceed 150 for
each
branch to give ample allowance for cases which may be filled directly
with
the new courts.
(b) In the
meantime
that the clerks of court for these new seats/station are not yet
appointed,
or that no bonded court employee is designated to receive docket and
other
legal fees, the payment of such docket and other fees shall be made
with
the clerk of court of the original stations:chanroblesvirtuallawlibrary
EXAMPLE:chanroblesvirtuallawlibrary
Until the
clerk
of court in Muntinlupa is appointed, new cases for Muntinlupa shall be
filed in Makati, and the records shall be transmitted to Muntinlupa
only
after payment of the corresponding docket fees.Any
administrative problem
that may arise in the newly created courts not otherwise covered by the
Administrative Circular, shall be brought to the attention of the Court
Administrator before any action is taken thereon for appropriate
Resolution.
January 26,
1994.
[Sgd.]
ANDRES
R. NARVASAChief
Justice |