ADMINISTRATIVE
CIRCULAR NO. 5-98
TO:
ALL
JUDGES OF THE REGIONAL TRIAL COURTS, SHARI'A DISTRICT COURTS,
METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS,
MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI'A CIRCUIT COURTS
SUBJECT:
AMENDMENTS TO PARAGRAPH A OF ADMINISTRATIVE CIRCULAR NO. 3-94 DATED
JANUARY
26, 1994.
Sub-paragraph
1 paragraph
A of Administrative Circular 3-94, was intended to expedite the
disposition
of cases. It instructed judges who had started hearing a case to
continue
to hear and decide the case even if a new judge has been appointed or
designated
to replace him. If the reassigned or replaced judge is only transferred
to the branch in the same seat, the case shall be transferred to the
branch
to which he is assigned. While continuing to hear the unfinished case,
the replaced judge continues as Assisting Judge.
Regrettably,
as a
result, there have been instances when the unfinished cases have
dragged
on for years, compelling some judges to commute long distances between
their regular courts and the courts in which they still acted in the
capacity
of assisting judges. Worse, in some instances some judges, to extend
their
stay in the original courts as assisting judges, misused the guidelines
whenever they found their new assignments less appealing. This does not
conduce to an orderly and efficient administration of justice.
Henceforth,
in line
with its objective, paragraph A of Administrative Circular No. 3-94
dated
January 26, 1994, as amended, is hereby further amended to read as
follows:
1. Unless
otherwise
ordered by the Court, an Acting /Assisting Judge shall cease to
continue
hearing cases in the court whee he is detailed and shall return to his
official station upon the assumption of the appointed Presiding Judge
or
the newly designated Acting Presiding Judge thereat. Cases left by the
former shall be tried and decided by the appointed Presiding Judge or
the
designated Acting Presiding Judge.
2.
However, cases
submitted for decision and those passed the trial stage, i.e.,
where
all the parties have finished presenting their evidence before such
Acting/Assisting
Judge at the time of the assumption of the Presiding Judge or the
designated
Acting Presiding Judge shall be decided by the former. This authority
shall
include resolutions of motions for reconsideration and motions for new
trial thereafter filed. But if a new trial is granted, the Presiding
Judge
thereafter appointed or designated shall preside over the new trial
until
it is terminated and shall decide the same.
3. If the
Acting/Assisting
Judge is appointed to another branch but in the same station, cases
heard
by him shall be transferred to the branch where he is appointed and he
shall continue to try them. He shall be credited for these cases by
exempting
him from receiving an equal number during the raffle of newly filed
cases. All other
instructions
not in conflict with the amendments of this Circular shall continue to
be in effect. Any administrative problem that may arise in the
implementation
or interpretation of the above rules shall be brought to the attention
of the Court Administrator.
Effective
immediately.
February
18, 1998.
[Sgd.]
ANDRES
R. NARVASAChief
Justice |