ADMINISTRATIVE
CIRCULAR NO. 7-92
TO:
THE
REGIONAL TRIAL COURTS, SHARI’A DISTRICT COURTS, METROPOLITAN TRIAL
COURTS,
MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL
CIRCUIT
TRIAL COURTS AND SHARI’A CIRCUIT COURTS
SUBJECT
: GUIDELINES
IN THE ARCHIVING OF CASES.
The
attention of
the Court has been called to the lack of uniformity in the policies
adopted
by the individual judges with respect to the archiving of cases. There
are likewise reports of indiscriminate archiving of cases without
apparent
justifiable reason. The following guidelines are, therefore,
established
in the archiving of cases:chanroblesvirtuallawlibrary
I.
CRIMINAL
CASES
(a) A
criminal
case may be archived only if after the issuance of the warrant of
arrest,
the accused remains at large for six (6) months from the delivery of
the
warrant to the proper peace officer. An order archiving the case shall
require the peace officer to explain why the accused was not
apprehended.
The Court shall issue an alias warrant if the original warrant of
arrest
is returned by the peace officer together with the report. A copy of
the
order archiving the case shall be furnished the complainant.
(b) The Court,
motu
propio or upon motion of any party, may likewise archive a criminal
case,
when proceedings therein are ordered suspended for an indefinite period
because:chanroblesvirtuallawlibrary
[1] The
accused appears
to be suffering from an unsound mental condition which effectively
renders
him unable to fully understand the charge against him and to plead
intelligently,
or to undergo trial, and he has to be committed to a mental hospital;
[2] A
valid
prejudicial question in a civil action is invoked during the pendency
of
the criminal case unless the civil and the criminal cases are
consolidated;
and
[3]
An interlocutory
order or incident in the criminal case is elevated to, and is pending
resolution/decision
for an indefinite period before a higher court and a stay/suspension is
deemed appropriate in the interest of justice.cralaw:red II.
CIVIL
CASES
In civil
cases,
the Court may motu proprio or upon motion, order that a civil
case
be archived only in the following instances:chanroblesvirtuallawlibrary
(a) When
the parties
are in the process of settlement, in which case the proceedings may be
suspended and the case archived for a period not exceeding ninety [90]
days. The case shall be included in the trial calendar on the day
immediately
following the lapse of the suspension period.
(b) Where
an injunction
or restraining order is issued by a higher court directing the
suspension
of the proceedings in the trial court.
(c) The
Presiding
Judge shall motu proprio or upon motion of any party, order the
reinstatement/revival of an archived case and its withdrawal from the
archives
whenever the same is ready for trial or further proceedings.
(d) The
Branch Clerk
of Court shall submit to the Office of the Court Administrator a
consolidated
list of archived cases not later than the first week of January of
every
year.cralaw:red Strict
compliance with
this Administrative Circular is hereby enjoined.
October 12,
1992.
[Sgd.]
ANDRES
R. NARVASAChief
Justice |
