CIRCULAR
NO. 10[1987]
TO: ALL
JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL COURTS, METROPOLITAN
TRIAL
COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS,
MUNICIPAL
CIRCUIT TRIAL COURTS, SHARI'A DISTRICT COURTS AND SHARI'A CIRCUIT COURTS
SUBJECT: DISPOSITION
OF RECORDS OF CASES IN THE MATTER OF INHIBITION AND/OR REQUEST FOR
CHANGE
OF VENUE OF CASES.
It has come to the
attention of the Court that Judges and Clerks of Court, in the matter
of
inhibition and/or change of venue, continue to transmit the records of
such cases notwithstanding the guidelines laid down by this Court in
Circular
No. 14 dated November 15, 1978.
The aforesaid Circular,
with the aim to avoid the needless moving of the records in order to
prevent
the possibility of the records being lost in transit,L provides:
"I. In
Courts
of First Instance, Circuit Criminal Courts, Juvenile and Domestic
Relations
Courts, Courts of Agrarian Relations and City Courts. - The order
of
inhibition and/or request for change of venue shall be forwarded to
this
Court for appropriate action without the record of the cases concerned
which shall be kept in their respective Courts to await the instruction
and/or action of this Court thereon.
"x x x
"II. In
Municipal
Circuit Courts. - The Municipal Circuit Judges and/or Clerks of
Court
concerned shall forward the order of inhibition to the Executive Judge
who has administrative supervision over his Court of appropriate action
pursuant to Administrative Order No. 6 dated June 30, 1975." ACCORDINGLY,
all Judges
and Clerks of Court, whether in single sala or multiple salas, are
hereby
directed to observe the following guidelines in matters of
inhibition:
[1] With
respect
to single sala courts, only the order of inhibition shall be forwarded
to the Supreme Court for appropriate action. The records of the case
shall
be kept in the docket of the Court concerned while awaiting the
instruction
and/or action of the Supreme Court thereon; and
[2] With
respect
to multiple sala courts, only the order of inhibition shall be
forwarded
to the Executive Judge for appropriation action. The records of the
case
shall be kept in the docket of the Court concerned while awaiting the
instruction
and/or action of the Executive Judge thereon.
Strict
compliance is
hereby enjoined.
May 22, 1987.
[Sgd.]
CLAUDIO
TEEHANKEE Chief
Justice
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