ADMINISTRATIVE
ORDER NO. 13 [1981]
SUBJECT:
DISPOSAL AND/OR DESTRUCTION OF COURT RECORDS, PAPERS AND EXHIBITS.
To establish a uniform
procedure in the disposal or destruction of records, papers and
exhibits
pertaining to court cases terminated for at least fifteen (15) years,
it
is hereby provided that the Court of Appeals, Sandiganbayan, Court of
Tax
Appeals, Courts of First Instance, Circuit Criminal Courts, Juvenile
and
Domestic Relations Courts, Courts of Agrarian Relations, City and
Municipal
Courts shall follow the following rules:chanrobles virtual law library
[1] Notice
of the
intention to dispose of and/or destroy court records, papers and
exhibits
should be made known to all interested parties by publication in a
newspaper
of general circulation, once a week for two (2) consecutive weeks;
[2] Such
notice should
likewise be posted for two (2) weeks in three (3) public places, such
as
the provincial capitol, the city or municipal hall, the public market
and
the court house;
[3] Such
court records,
papers and exhibits to be disposed of and/or destroyed should pertain
to
cases already terminated for at least fifteen (15) years;
[4] Any
party or
counsel of record interested in withdrawing any record or exhibit
intended
to be disposed of and/or destroyed, may file the corresponding motion
for
such purpose before the scheduled date of disposal and/or destruction;
[5] The
destruction
shall be carried out not earlier than one (1) month from and after the
date of the last publication, which shall be done by selling or burning
said records, papers and exhibits, or by some other practicable manner;
[6] The
sale shall
be conducted in the presence of the Executive Judge or the Clerk of
Court
and the Resident Auditor of the lower courts. If the sale is made in
provincial
courts, the Executive Judge and the Clerk of Court shall be present
during
the conduct of the sale with the representative of the Commission on
Audit
in the area;
[7] The
Clerk of
Court shall issue the official receipt to the buyer of the old court
records,
papers, or exhibits;
[8] The
Clerk of
Court shall report to the Court Administrator the collection in a
separate
report of collection, specifying the nature of the income; and cralaw:red
[9] The
Clerk of
Court shall remit to the National Treasury the proceeds from the sale
under
a separate Remittance Advice to the credit of the Court of First
Instance,
with notice of such remittance furnished the Court Administrator.cralaw:red
Strict observance of
the above rules is hereby enjoined.
This Order supersedes
any previous Administrative Order or Circular issued on the matter.cralaw:red
April 29, 1981.
[Sgd.]
ENRIQUE
M. FERNANDOChief
Justice
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