[A.M. No. 00-5-217-RTC. August 8, 2000]

DISTRIBUTION OF CASES IN RTC, SAN PABLO CITY

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 8 2000.

A.M. No. 00-5-21 7-RTC (Distribution of Cases in RTC, San Pablo City.)

This pertains to the request of Executive Judge Bienvenido V. Reyes, Regional Trial Court of San Pablo City, Branch 29, requesting that San Pablo City be exempted from the coverage of A.M. No. 99-11-07-SC and that Branch 30 therein, which has been designated as a family court, be included in the raffle of non-family cases to effect an equal distribution of cases among the branches of the Regional Trial Courts of San Pablo City.

It appears that the Regional Trial Court of San Pablo City is made up of only three branches, namely Branch 29, presided by the Executive Judge, Branch 30 which is the Family Court presided by Judge Marivic Balisi-Urnali, and Branch 32 which is the Heinous Crimes Court presided by Judge Zorayda Herradura-Salcedo. According to Judge Reyes, there are only a few family cases being filed in San Pablo City such that as of March 22, 2000, there were pending therein only 38 family cases and 442 non-family cases. Of these non-family cases, 189 were pending in Branch 29 and 144 were pending in Branch 32. On the other hand, Branch 30 had 109 non-family cases, which remained with it because trial had already begun, pursuant to Section 3 of A.M. No. 99-11-07-SC. Since then, all non-family cases were divided equally between Branches 29 and 32.

Judge Reyes contends that with the low incidence of family cases in San Pablo City, there will eventually be an unequal distribution of cases wherein Branches 29 and 32 will be unduly loaded while Branch 30 will have a very light load.

On April 10, 2000, the Court Administrator recommended that A.M. No. 99-11-07-SC be amended' so that Branch 30 of the Regional Trial Court of San Pablo City shall be included in the raffle of non-family cases in that station, provided that the hearing of such cases shall not be on the same day family cases are heard. The Court Administrator reasoned that while the difference in the caseloads among the three branches does not appear dramatic at the moment, the gap in the caseloads between said branch and the other two branches is expected to widen if Branch 30 should continue to be excluded in the raffle of the other cases.

A.M. No. 99-11-07-SC, dated February 11, 2000, was issued to implement the provisions of Republic Act No. 8369, also known as the "Family Courts Act of 1997", more particularly Section 17 which contains the Transitory Provisions. Hence, the designation of the courts listed in A.M. No. 99-11-07-SC as family courts is effective only until the regular family courts shall have been established, in accordance with Section 3 of the Act.

Significantly, the second paragraph of Section 17 states:

"Additional cases other than those provided in Section 5 may be assigned to the Family Court when their dockets permit; Provided, That such additional cases shall not be heard on the same day family cases are heard."

Clearly, the above-quoted provision allows the raffle and assignment of other cases to family courts whenever their dockets permit, which, as alleged by the Executive Judge, obtains here. The Executive Judge, therefore, is allowed by law to assign cases other than child and family cases to Branch 30 No amendment of A M No 99-11-07-SC for this purpose is necessary in the light of the clear mandate of Section 17, second paragraph, of R A 8369 Branch 30 remains as the designated Family Court in San Pablo City during the transition period, notwithstanding that additional cases not involving child and family cases may be assigned to it in the meantime

ACCORDINGLY, Executive Judge Bienvenido V Reyes is authorized to raffle and assign to Branch 30 cases other than child and family cases, provided that the additional cases assigned to Branch 30 shall not be heard on the same day child and family cases are heard

Bellosillo, J , abroad on official business.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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