CIRCULAR
NO. 7 [1974]
TO:
ALL
DISTRICT JUDGES OF THE COURTS OF FIRST INSTANCE
In order to provide
a uniform method of assignment of cases to the different branches of
courts
of first instance and the manner in which such distribution is to be
effected,
the following rules should be strictly observed:chanroblesvirtuallawlibrary
I. Raffling of
Cases.
All cases filed with
the Court in stations or groupings where there are two or more
branches,
shall be assigned or distributed to the different branches by raffle.
No
case may be assigned to any branch without being raffled. The raffle of
cases should be regularly conducted at the hour and on the day or days
to be fixed by the Executive Judge. Only the maximum number of cases,
according
to their dates of filing, as can be equally distributed to all the
branches
in the particular station or grouping shall be included in the raffle.
Cases in excess of the number sufficient for equal distribution shall
be
included in the next scheduled raffle, subject to the exceptions
provided
in paragraphs II and IV hereof.
II. Notice.
Notice of the day
and hour of the raffle shall posted prominently in the bulletin boards
of the Courts and at a conspicuous place at the main door of the
session
hall of the Executive Judge. Other notices to the parties may be sent
as
the interest of justice may require, on request of any party and with
the
prior approval of the Executive Judge. There shall be no special raffle
of any case except on meritorious application in writing by any party
to
the case and with approval of the Executive Judge.
III. Manner of
Raffling.
The raffle must be
conducted at the lawyer's table in open court by the Executive Judge
personally
with the attendance of two other Judges, or in case of the latter's
inability,
of their duly authorized representatives. In stations where there are
only
two salas, the Judges of both and either the Clerk of Court or the
Branch
Clerk of Court should be present. In the absence of the Executive
Judge,
the Judge at the station who is the most senior in point of appointment
to the Judiciary shall personally conduct the raffle. Under no
circumstance
may any raffle be made in chambers. The raffle proceedings should be
stenographically
recorded and minutes thereof shall be prepared and signed by the Judges
[or their representatives] and the Clerk of Court in attendance.
Immediately
after the raffle on any particular day, the Executive Judge shall
indicate
the particular branch to which the case is assigned, the same to be
written
in words and in figures on the cover of the rollo and on the first page
of the original complaint or information and initialed by the Executive
Judge and the other two officers who attended said raffle.
The raffle must be
conducted in such manner that all the branches of the Court in that
station
or grouping including vacant salas, shall receive more or less the same
number of civil, criminal and other kind of cases.
For purposes of facilitating
implementation of the foregoing rules, a Raffle Committee composed of
the
Executive Judge and two other Judges shall, as much as practicable, be
constituted.
IV. In Case of
Urgent or Interlocutory Matters.
Whenever an
incidental
or interlocutory matter in a case is of such urgent nature that it may
not wait for the regular raffle, the interested party may request the
Executive
Judge in writing for a special raffle. If the request is granted and
the
special raffle is conducted, the case shall immediately be referred to
the branch to which it corresponds. The Executive Judge shall have no
authority
to act on any incidental or interlocutory matter in any case not yet
assigned
to any branch by raffle.
V. Notice of the
Result of the Raffle.
A copy of the minutes
of the raffle proceedings showing the case numbers and the branches to
which they have been assigned duly certified by the Executive Judge or
the Judge who conducted the raffle as well as by the two other
officials
in attendance thereat, shall immediately be posted on the bulletin
boards
of the Clerk of Court and the Executive Judge and copies thereof
furnished
each branch of the Court.
VI. Reassignment
of Cases of Disqualified Judges.
In any case,
where
the judge concerned is disqualified or voluntarily inhibits himself,
the
records shall be returned to the Executive Judge and the case shall be
included in the regular raffle for reassignment. Another case, similar
in category to the one reassigned, shall be assigned by raffle to the
disqualified
or inhibiting Judge to replace the case so removed from his Court.
VII. Dismissed
Cases.
When a case is dismissed
for any cause or reason whatsoever and the same is re-filed, it shall
not
be included in the raffle anymore but shall be assigned to the branch
to
which the original case pertained. If, by mistake or otherwise, such
case
is raffled and assigned to another branch, the latter must transfer the
case to the branch to which it originally belonged, in which event,
another
case shall be assigned by raffle as replacement.
To give greater force
and effect to this rule, all orders of dismissal must be served upon
all
parties impleaded in the case.
VIII. Pairing
System.
A pairing system
shall be established whereby every branch shall be considered as paired
with another branch. In the event of vacancy in any branch, or of the
absence
or disability of the Judge thereof, all incidental or interlocutory
matters
pertaining to it may be acted upon by the Judge of the other branch
paired
with it. The latter may likewise conduct trials or hearings on the
merits
in criminal cases with detention prisoners assigned to the other
branch,
as well as in other kinds of cases, subject to the conformity of the
parties.
For the purpose of
the pairing system, Branch I shall be paired with Branch II, Branch III
with Branch IV, and so on; and any branch in a station left without a
pair
shall be paired with the branch presided by the Executive Judge in
addition
to the latter's regular pair. In case of vacancy in the two branches
paired
with each other, or prolonged absence of both Presiding Judges of the
paired
branches, the incidental or interlocutory matters pertaining to any or
both branches shall be acted upon by the Executive Judge. "Prolonged
absence" means absence of one month or more.
In stations or groupings
wherein the branches are irregularly numbered, the foregoing rule shall
be applied in the most analogous manner.
IX. This Circular
Shall Not Apply to a Single Sala or Multiple Salas Whose Territorial
Jurisdictions
are Definitely Fixed.
In matters not covered
by this Circular, the Rules governing the internal operations of the
Court
of First Instance of Manila shall continue to apply to that Court.
This Circular shall
take effect immediately upon receipt hereof by the respective Courts
concerned.
Manila, September
23, 1974.
[Sgd.]
QUERUBE
C. MAKALINTALChief
Justice
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