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TO:
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 : GUIDELINES IN THE ARCHIVING OF CASES. The
attention of
the Court has been called to the lack of uniformity in the policies
adopted
by the individual judges with respect to the archiving of cases. There
are likewise reports of indiscriminate archiving of cases without
apparent
justifiable reason. The following guidelines are, therefore,
established
in the archiving of cases: [2] A valid prejudicial question in a civil action is invoked during the pendency of the criminal case unless the civil and the criminal cases are consolidated; and [3] An interlocutory order or incident in the criminal case is elevated to, and is pending resolution/decision for an indefinite period before a higher court and a stay/suspension is deemed appropriate in the interest of justice.
(b) Where an injunction or restraining order is issued by a higher court directing the suspension of the proceedings in the trial court. (c) The Presiding Judge shall motu proprio or upon motion of any party, order the reinstatement/revival of an archived case and its withdrawal from the archives whenever the same is ready for trial or further proceedings. (d) The Branch Clerk of Court shall submit to the Office of the Court Administrator a consolidated list of archived cases not later than the first week of January of every year. October 12, 1992. |
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