CIRCULAR
NO. 20 [1979]
TO:
ALL
EXECUTIVE JUDGES OF THE COURTS OF FIRST INSTANCE AND CITY COURTS
SUBJECT:
AMENDMENT TO PARAGRAPH III, SUBPARAGRAPH 2 OF CIRCULAR NO. 7 DATED
SEPTEMBER
23, 1974, RE: RAFFLE OF CASES.
In view of the delay
in the disposition of criminal cases brought about by the present
practice
of raffling of cases among all branches of the Court in one station
including
vacant salas without a detailed Judge, henceforth, all vacant salas
without
Judges on temporary assignment or detail therein or where the Judge is
on an extended leave of more than 30 days, shall be excluded from the
raffle
of criminal cases: Provided, That once the vacancies are filled
or the absent Judge has returned, the sala shall be assigned such
number
of cases as will equalize its caseload equitably with the rest of the
other
branches in the same station.cralaw:red
Furthermore, criminal
cases involving detention prisoners and previously raffled to vacant
salas
as above stated [whether or not the trial has been started or the case
has been submitted for decision] shall be re-raffled to the other salas
with incumbent Judges.cralaw:red
The Executive Judges
shall, within their administrative areas, direct the Judges of the City
Courts and Municipal Courts with multiple salas to likewise adopt and
observe
the above procedure in the raffle and distribution of cases among them.cralaw:red
Where a person is
charged with any offense contemplated by Republic Act No. 6036 [copy
attached],
the Judge should as therein provided order the release of the accused
on
recognizance instead of requiring bail.cralaw:red
The practice of including
vacant salas in the raffling of criminal cases as prescribed in
paragraph
III, subparagraph 2, of Circular No. 7, dated September 23, 1974, is
hereby
amended accordingly.cralaw:red
October 4, 1979.
[Sgd.]
CLAUDIO
TEEHANKEEActing
Chief Justice
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