ADMINISTRATIVE
ORDER NO. 6[1975]
TO: ALL
JUDGES OF THE COURTS OF FIRST INSTANCE
SUBJECT:
THE EXECUTIVE JUDGE.
To provide a
more
effective and efficient management of lower Courts, the following
guidelines
on the selection, designation, powers and duties of the Executive Judge
of Courts of First Instance are hereby promulgated:chanroblesvirtuallawlibrary
I. Basic Concept.
The Executive Judge
derives his powers and prerogatives through delegation thereof by the
Supreme
Court. In virtue of that delegation, he shall exercise the following
general
powers, prerogatives and duties:chanrobles virtual law library
[1] to
provide leadership
in, and to coordinate the management of the Courts of First Instance
and
the Municipal and City Courts within his administrative area;
[2] to
balance the
workload among Courts and Judges;
[3] to
implement
policies concerning court operations laid down by the Supreme Court;
[4] to
identify and
correct problems in court operations;
[5] to
direct, through
the Clerk of Court, staff support activities to improve judiciary
services;
[6] to
encourage
professional development of judicial personnel; and cralaw:red
[7] to
exercise such
other powers and prerogatives as may, in his judgment, be necessary or
incidental to the performance of his functions as a court administrator.cralaw:red
II. Selection and
Designation.
In stations where
there is only a single branch (sala), the Presiding Judge thereof shall
ipso facto be the Executive Judge within his
administration area.cralaw:red
In stations or groupings
where there are two or more branches, the Supreme Court shall select
and
designate the Executive Judge on the basis of administrative
qualifications,
experience, and ability.
Unless sooner relieved
by the Supreme Court, the Executive Judge shall serve for a term of two
years, and may be redesignated.cralaw:red
One or more Vice-Executive
Judges may be designated for the same term to act in the absence or
inability
of the Executive Judge, or whenever the need for such designation
arises.
The Judge so designated may also exercise such specific powers
prerogatives
and duties as may be specially assigned to him by the Supreme Court.
The
Supreme Court may provide such honorarium as it may deem appropriate
for
the Vice-Executive Judge.cralaw:red
III. Administrative
Area.
The Executive Judge
shall exercise all his powers and prerogatives as such over all Courts
of First Instance and over Municipal and City Courts within his
administrative
area as defined in the appendix attached hereto.cralaw:red
IV. Specific Powers,
Prerogatives and Duties.
The specific powers,
prerogatives and duties of the Executive Judge are as follows:chanrobles virtual law library
[1] to
investigate
administrative complaints against Municipal and City Judges, and other
court personnel within his administrative area; and to submit his
findings
and recommendations to the Supreme Court.
[2] to
supervise
directly the work and activities of the Clerk of Court and his staff.cralaw:red
[3] to
exercise general
supervision of all personnel in all branches (salas) within the
administrative
area; provided that such supervision in matters not herein expressly
provided
shall not interfere with the internal control of, and management by,
each
judge over his own branch (sala).cralaw:red
[4] to
re-assign
temporarily the personnel of one branch (sala) to another branch (sala)
or to the Office of the Clerk of Court, in case of vacancy in the
position
of Presiding Judge of a branch (sala), or when the interest of the
service
requires. In the latter case, the assignment shall be made in
consultation
with the Presiding Judge of the branch (sala) concerned; and, in cases
of disagreement, the assignment by the Executive Judge shall be
effective
immediately, unless revoked by the Supreme Court.cralaw:red
[5] to
personally
authorize disbursements for maintenance and repair of court equipment
and
for travel expenses of sheriffs and process servers out of funds in the
custody of the Clerk of Court received by him as cash advances from the
Supreme Court, in an amount not exceeding One Thousand Five Hundred (P1,500.00)
Pesos for each branch (sala) per quarter: provided, That said
amount
may be increased or reduced for any one branch (sala) as long as the
total
disbursements for all branches (salas) do not exceed the aggregate
amount
herein authorized: and, Provided, further, That additional
amounts
in excess of such aggregate, when necessary, may be applied for from
the
Supreme Court.cralaw:red
[6] to
enforce compliance
by the court personnel of the duties imposed upon them in virtue of
their
position as well as additional duties as may be given to or required of
them by the Presiding Judge or the Executive Judge.cralaw:red
[7] to
recommend
to the Supreme Court the imposition upon erring employees of such
disciplinary
sanctions as may be necessary and proper; and, pending the
administrative
investigation or its review by the Supreme Court, to place the
respondent
under preventive suspension in accordance with Civil Service rules and
regulations, furnishing the Supreme Court a copy of the order of
suspension
and the grounds therefor without unnecessary delay.cralaw:red
[8] to
disseminate
and implement all administrative orders and circulars issued by the
Supreme
Court to all courts within his area of administrative supervision.cralaw:red
[9] to
coordinate
the development and implementation of court operational improvement
programs.cralaw:red
[10] to
visit and
inspect municipal and provincial jails and their prisoners as required
by Section 1730 of the Revised Administrative Code and by applicable
rules
and regulations.cralaw:red
[11] to
act on applications
of, and to issue commissions to, notaries public within his
administrative
area and to compel observance of their duties as provided by law.cralaw:red
[12] to
designate,
with immediate notice to the Supreme Court, the Municipal Judge to try
cases in other municipalities within his area of administrative
supervision,
in case of absence or incapacity of the municipal judge concerned,
which
designation shall be effective immediately unless revoked by the
Supreme
Court.cralaw:red
[13] to
assign, with
the prior approval of the Chief Justice, Municipal and City Judges to
hear
and determine cadastral cases as provided by law.cralaw:red
[14] to
apprise the
Supreme Court of vacancies and requirements for additional court
personnel
within his area of administrative supervision, and to submit his
recommendations
with respect to vacancies in the Office of the Clerk of Court, and the
recommendations of the Presiding Judge with respect to the latter's
staff.cralaw:red
[15] to
supervise
the raffling and assignment of all cases, in accordance with Circular
No.
7 dated September 23, 1974, and where, in his opinion, the matter is of
such urgency that immediate action should be taken, to act on all
injunctions,
restraining orders and other interlocutory matters prior to the
assignment
of cases to a specific Judge, without prejudice to any subsequent
action
that may be taken by the Judge to whom any particular case is assigned.
A particular matter is deemed urgent if, unless it is immediately acted
upon, the main cause of action or principal relief sought may become
moot
and academic. Paragraph IV of Circular No. 7, is accordingly hereby
amended.cralaw:red
[16] to
insure the
adequate court facilities are provided for, in coordination with the
proper
local government officials.cralaw:red
[17] to
improve judicial
services and facilitate the administration of justice, in coordination
with court-related government agencies and the Chapters of the
Integrated
Bar within his area of administrative supervision.cralaw:red
[18] to
submit an
annual report to the Supreme Court.cralaw:red
V. Caseload and Honorarium.
[1] The caseload
of the Executive Judge shall be as follows:chanrobles virtual law library
[a] In
case of
multiple branches (salas) of not more than two (2), the distribution of
cases shall be in the proportion of three (3) cases for the Executive
Judge
and four(4) for the other judges.
[b] In case
of multiple
branches (salas) of not less than three or more than five (5), the
distribution
of cases shall be in the proportion of two (2) cases for the Executive
Judge and three (3) for each of the other judges.cralaw:red
[c] In case
of multiple
branches (sala) of more than five (5), the distribution of cases shall
be in the proportion of one (1) case for the Executive Judge and two
(2)
for each of the other Judges.cralaw:red [2] The
Executive Judge
for multiple branches (salas) shall be entitled to an honorarium
of P300.00 per month in case there are more than
fifteen
(15) branches (salas); P250.00 per month in case
there
are more than five (5), but not exceeding fifteen (15) branches
(salas); P200.00 per month in case there are more
than
two (2),
but not exceeding five (5) branches (salas); P150.00
per
month in case there are two (2) branches (salas); and P100.00
per month in case of a single branch (sala).
VI. General Provision.
In case of conflict
as regards jurisdiction, powers and prerogatives between two or more
Executive
Judges, the conflict shall be resolved by the Supreme Court.cralaw:red
VII. Transitory
Provisions.
[1] In the event
that no Executive Judge be designated by the Supreme Court for a
particular
administrative area by the time this Administrative Order takes effect,
the incumbent Executive Judge shall remain as such and shall exercise
the
powers, prerogatives and duties of an Executive Judge as herein set
forth
until his successor shall have been selected and designated.cralaw:red
[2] The City Court
of Manila shall have its own Executive Judge, whose selection,
designation,
tenure, powers, and duties shall be governed by the provisions of this
Administrative Order insofar as they are applicable.cralaw:red
[3] In matters not
covered by his Administrative Order, the rules governing the internal
operations
of the Court of First Instance of Manila shall continue to apply to
that
court.cralaw:red
VIII. Effectivity
Clause.
This administrative
Order shall take effect on July 1, 1975.cralaw:red
IX. Repealing
Clause.
All rules, regulations,
orders, and circulars, or parts thereof, contrary to or inconsistent
with
this Administrative Order are hereby repealed, or amended accordingly.cralaw:red
Manila, June 30,
1975.
[Sgd.]
QUERUBE
C. MAKALINTALChief
Justice
|