ADMINISTRATIVE
CIRCULAR NO. 7-A-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.
Administrative
Circular
No. 7-92, dated October 12, 1992, is hereby amended to read as follows:chanrobles virtual law library
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:chanrobles virtual law library
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 if the original warrant of arrest is
returned
by the peace officer together with the report.cralaw:red
(b) The
court, motu
proprio 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;
[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 which has issued a
temporary
restraining order or writ of preliminary injunction; and cralaw:red
[4] when
the accused
has jumped bail before arraignment and cannot be arrested by his
bondsmen.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:chanrobles virtual law library
(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) When an
interlocutory
order or incident in the civil case is elevated to, and is pending
resolution/decision
for an indefinite period before a higher court which has issued a
temporary
restraining order or writ of preliminary injunction.cralaw:red
(c) When
defendant,
without fault or neglect of plaintiff, cannot be served with summons
within
six [6] months from issuance of original summons.cralaw:red GENERAL
PROVISIONS
(a)
Copies of the
Order archiving the case shall be furnished the parties.
(b) A
special docket
shall be maintained to record the cases, both criminal and civil, that
have been archived.cralaw:red
(c) A
periodic review
of the archived cases shall be made by the Presiding Judge.cralaw:red
(d) The
Presiding
Judge shall, motu proprio or upon motion by 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.cralaw:red
(e) 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.
June 21,
1993.
[Sgd.]
ANDRES
R. NARVASAChief
Justice |