CIRCULAR
NO. 20[1987]
TO: COURT
OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, 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:
DESIGNATION OF CERTAIN BRANCHES OF THE REGIONAL TRIAL COURTS TO HANDLE
EXCLUSIVELY CERTAIN CRIMINAL CASES.
The trial Judge has
the primary responsibility to minimize delay and to dispense swift
justice.
This is specially true in criminal cases involving serious offenses
where
a strong and adequate response from the Courts by way of speedy trial
and
judgment can serve to deter criminal elements.
The Circuit Criminal
Courts which were set up on September 8, 1967 under Republic Act No.
5179
served this purpose. Accordingly, under the authority of Section 23 of
Batas Pambansa Blg. 129, certain branches of the Regional Trial Court
of
the National Capital Region and of such other regions where the need
therefor
may arise, shall be designated as Special Criminal Courts to try
exclusively
the following criminal cases:
[1]
Violations of
Presidential Decree No. 1866, codifying the laws of illegal/unlawful
possession,
manufacture, dealing in, acquisition or disposition of, firearms,
ammunitions,
explosives or instruments used in the manufacture of firearms,
ammunitions
or explosives;
[2]
Violations of
Executive Order No. 276 known as the "Anti-Subversion Act",
where
the imposable penalty for the offense charged is prison correccional
or higher;
[3]
Crimes against
public order (e.g. rebellion, sedition, etc.), defined in the
Revised
Penal Code, as amended;
[4]
Violations of
the Dangerous Drugs Act of 1972, as amended, cognizable by Regional
Trial
Courts under Batas Pambansa Blg. 129;
[5]
Violations of
the Anti-Carnapping Act of 1972; and
[6] All
other offenses
defined in the Revised Penal Code or special laws where the imposable
penalty
is reclusion perpetua or life imprisonment or higher, whether
simple
or complex, and other offenses which, although not so punished, arose
out
of the same occurrence or were committed by the accused on the same
occasion
as that which is punishable by reclusion perpetua or higher,
whether
the accused are charge as principal, accomplice or accessory: Provided,
however, That where the offense charged is a complex crime and only
the lesser offense which is punishable by a penalty less than reclusion
perpetua is proved, the Court shall not dismiss the same and impose
the corresponding penalty.
Special rules shall
govern the trial and disposition of these cases. These rules are as
follows:
[1] The
trial of
these cases shall continue from day to day as far as practicable until
terminated, and judgment thereon shall be rendered within thirty (30)
days
from the time the case is submitted for decision, unless a shorter
period
is otherwise provided by law, such as the fifteen-day period provided
in
the Dangerous Drugs Act. The filing of the memoranda after trial shall
not be required or allowed.
[2] Upon
issuance
of the designations, the Special Criminal Courts so designated shall
not
be assigned cases other than criminal cases herein above enumerated and
all other cases pending in these branches, whether civil or criminal,
shall
be redistributed by raffle to other branches by the Executive Judge,
except
those already submitted for decision and those criminal cases covered
by
this Circular which are already pending trial in said branches.
[3] All
the criminal
cases covered by this Circular wherein trial has already commenced
shall
remain in their respective branches where they were originally
assigned.
In appropriate cases, however, when the interests of justice so
require,
the case may be transferred to the Special Criminal Courts after study
and favorable recommendation by the Executive Judge.
[4]
Whenever necessary
to carry out the objectives of this Circular, the Court may assign any
other Regional Trial Court Judge to another judicial region to assist
in
the trial and disposition of any of the above enumerated criminal
cases.
[5] Where
no specified
branch is designated as a Special Criminal Courts, the above enumerated
cases shall be raffled among the branches of the same station which
shall
try and decide the same, subject to Rule No. 1 hereof.
This Circular shall
take effect immediately.
August 7, 1987.
[Sgd.]
CLAUDIO
TEEHANKEE Chief
Justice
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