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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. Administrative Circular No. 7-92, dated October 12, 1992, is hereby amended to read as follows: 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: (a) A criminal case may be archived only if, after the issuance of the warrant of arrest, the accused remains at large for six [6] months from the delivery of the warrant to the proper peace officer. An order archiving the case shall require the peace officer to explain why the accused was not apprehended. The court shall issue an alias if the original warrant of arrest is returned by the peace officer together with the report. (b) The
court, motu
proprio or upon motion of any party, may likewise archive a
criminal
case when proceedings therein are ordered suspended for an indefinite
period
because: [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; [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 which has issued a temporary restraining order or writ of preliminary injunction; and [4] when the accused has jumped bail before arraignment and cannot be arrested by his bondsmen. In civil cases, the court may motu proprio or upon motion, order that a civil case be archived only in the following instances: (b) When an interlocutory order or incident in the civil case is elevated to, and is pending resolution/decision for an indefinite period before a higher court which has issued a temporary restraining order or writ of preliminary injunction. (c) When defendant, without fault or neglect of plaintiff, cannot be served with summons within six [6] months from issuance of original summons. (b) A special docket shall be maintained to record the cases, both criminal and civil, that have been archived. (c) A periodic review of the archived cases shall be made by the Presiding Judge. (d) The Presiding Judge shall, motu proprio or upon motion by 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. (e) 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. June 21, 1993.
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