A.M.
NO. 01-1-07-SC
A.M. No.
01-1-07-SC.-Re:
Guidelines in the Accreditation of Newspapers and Periodicals and in
the
Distribution of Legal Notices and Advertisements for Publication.
EN
BANC
RESOLUTIONGUIDELINES
IN THE ACCREDITATION OF NEWSPAPERS AND PERIODICALS SEEKING TO PUBLISH
JUDICIAL
AND LEGAL NOTICES AND OTHER SIMILAR ANNOUNCEMENTS AND IN THE RAFFLE
THEREOF
The concern has been
expressed by various sectors that despite circulars and other issuances
of the Supreme Court, there remain variances in the application and
implementation
by the Executive Judges of the Regional Trial Courts of the provisions
of Presidential Decree No. 1079 (Revising and Consolidating All Laws
and
Decrees Regulating the Publication of Judicial Notices. Advertisements
for Public Biddings, Notices of Auction Sales and Other Similar
Notices).
To ensure uniform compliance with the said law and to protect the
interests
of the public, in general, and of the litigants, in particular, the
following
guidelines are set forth for all concerned:chanroblesvirtuallawlibrary
I. Accreditation
SECTION 1. Scope
of application. – These Guidelines apply only in cases where
judicial
or legal notices are to be published in newspapers or periodicals that
are of general circulation in a particular province or city.
Publication of notices
for national dissemination may be published in newspapers or
periodicals
with national circulation without need of accreditation.
SEC. 2. Requirement
of accreditation. – Only accredited newspapers or periodicals may
publish
judicial or legal notices.cralaw:red
SEC. 3. Application
for accreditation. – A verified application for accreditation may
be
filed with the office of the Executive Judge of the Regional Trial
Court
having administrative supervision over the courts whose orders are to
be
published.cralaw:red
(a) The
application
shall include complete and accurate information on the following:chanroblesvirtuallawlibrary
(1) Title
of the
publication;
(2)
Name of the publisher;
(3)
Name of the editor-in-chief;
(4)
Frequency of
publication;
(5)
Address, telephone
number and fax machine number (if any), of the principal office;
(6)
Total number
of copies printed (as of the date of application for accreditation); and cralaw:red
(7)
Month, date,
and year of first issue.cralaw:red
(b) A
newspaper
or periodical has its principal office in the address registered with
the
Securities and Exchange Commission or with the Department of Trade and
Industry.
(c) A
newspaper
or periodical which has its principal office in any of the cities or
municipalities
in a province may be accredited by any one or all of the Regional Trial
Court Executive Judges in the province, provided that all requisites
for
accreditation are complied with.
A
newspaper or periodical
which has its principal office in any of the cities or municipalities
in
the National Capital Judicial Region may be accredited by any one or
all
of the Regional Trial Court Executive Judges therein, provided that it
satisfies all the requirements for accreditation.cralaw:red
(d) The
application
for accreditation shall include statements on the following:chanrobles virtual law library
(1) That
the applicant
is duly registered as a newspaper or periodical;
(2)
That the newspaper
or periodical is edited, published and circulated in the province or
city
where accreditation is sought;
(3)
That the newspaper
or periodical has been regularly published for at least one (1) year
before
the date of the application of accreditation;
(4)
That the newspaper
or periodical is not participating in the raffle of legal and judicial
notices in other provinces and/or cities;
(5)
Whether or not
the newspaper or periodical carries commercial display advertising. If
the newspaper or periodical carries such advertising, the applicant
should
submit a copy of the publication’s current contract form showing its
commercial
display advertising rates; and cralaw:red
(6)
That the newspaper
or periodical does not merely reproduce or reprint news pages of other
newspapers or periodicals within the region of the province or city of
the Regional Trial Court involved.cralaw:red
(e) The
application
for accreditation shall be accompanied by the following:chanroblesvirtuallawlibrary
(1) Three
(3) sample
copies of the newspaper’s or periodicals printed format for legal and
judicial
notices following the requisites prescribed by Section 4 of P.D. No.
1079,
to wit:chanroblesvirtuallawlibrary
(2) Copy
of an issue
of the newspaper containing commercial advertisement published in the
last
twelve (12) months;
(3)
Certified true
copy of a contract or insertion order or invoice describing the size
and
rate of the advertisement; and cralaw:red
(4)
Certified true
copy of a newspaper’s official receipt showing payments per contracted
advertising rate.cralaw:red
SEC. 4. Application
fees. – A fee shall be collected in an amount to be fixed by the
Office
of the Court Administrator for every application for accreditation
filed
with the Regional Trial Court.
SEC. 5. Non-compliance
with requirements. – Any application for accreditation that fails
to
comply with any of the requirements prescribed by the preceding
provisions
shall be denied without further evaluation.cralaw:red
SEC. 6. Evaluation
and approval of applications. – An application for accreditation
shall
be evaluated and approved by the Executive Judge of the Regional Trial
Court having administrative supervision over the courts whose orders
are
to be published, taking into consideration the following criteria:chanrobles virtual law library
(a) The
applicant
is duly registered as a newspaper or periodical;
(b) The
applicant
must have its principal office in and must be of general circulation in
the city and/or province where it seeks accreditation;
A
newspaper or periodical
is of general circulation if its is published for the dissemination of
local news and general information (not for a limited interest group);
its has a bona fide subscription list of paying subscribers; and it is
published at regular intervals. (Fortune Motors (Phils.), Inc. vs.
Metropolitan
Bank and Trust Co., et al., G.R. No. 115068, November 28, 1996, 265
SCRA
72)
(c) The
newspaper
or periodical must have been regularly published for at least one (1)
year
before the date of the application; and, after accreditation, before
the
date of each and every raffle participated in by the accredited
publication.cralaw:red
A
newspaper or periodical
is regularly published if it comes out with 365 or 2 issues for those
issued
daily or weekly, respectively.cralaw:red
(d) The
newspaper
or periodical must not merely reproduce or reprint news pages of other
newspapers or periodicals within the region of the province or city of
the Regional Trial Court involved.cralaw:red
SEC. 7. Absence of
qualified newspapers or periodicals. – In the event that there is
no
newspaper or periodical qualified to be accredited in the station of
the
Regional Trial Court, the qualified publication in the nearest city or
province may be accredited.
SEC. 8. Period
of validity of accreditation. – The accreditation shall be valid
for
a period of five (5) years from date of approval of the application for
accreditation. During the five-year period, however, the accreditation
may be suspended or revoked in accordance with section 16 of these
Guidelines.cralaw:red
SEC. 9. Posting
of names of accredited newspaper or publication. – The Executive
Judge
shall cause the posting of the names of the accredited newspaper or
publication,
the amount they charge per column inch and a sample of the maximum font
and minimum column width prescribed by law in three (3) conspicuous
places
in the courthouse of Hall of Justice building.cralaw:red
II. Raffle
SEC. 10. Requirement
of raffle. – All notices, announcements and advertisements subject
hereof shall be distributed for publication to accredited newspapers or
periodicals by raffle. No such notices, announcements and
advertisements
may be assigned for publication without being raffled
The raffle of judicial
or legal notices for publication shall be included in the regular
raffle
of cases, provided that special raffles may be conducted for notices
that
need to be published before the regular raffle could be conducted.cralaw:red
The posting of judicial
notices for publication, the raffle procedure and the publication of
the
results thereof shall be conducted in the same manner as the raffle of
cases as provided in the Manual for Clerks of Court. All accredited
newspapers
or periodicals shall as much as possible be assigned an equal number of
notices to publish but the same must be done thru raffle.cralaw:red
SEC. 11. Directive
to the branch clerk of court. – Orders issued by judges in cases
that
require publication of any notice or notices shall include a directive
to the Branch Clerk of Court instructing the latter to furnish the
Office
of the Clerk of Court with a copy of the order so that such notice may
be published in accordance with the provisions of P.D. No. 1079.cralaw:red
SEC. 12. When
raffle not necessary. – The distribution by raffle of notices,
announcements
and advertisements for publication shall be dispensed with in case
there
is only one accredited newspaper or periodical in a particular
province,
city or municipality.
III. Rates of
Publication
SEC. 13. Rates
of publication charges. – Newspapers or periodicals whose regular
commercial
rates are lower than ten (10) pesos per column inch shall not charge
below
ten (10) pesos per column inch of the notices, announcements and
advertisements.
In case of newspapers or periodicals that do not carry commercial
display
advertising, the rate for the publication of notices, announcements and
advertisements shall be fixed at ten (10) pesos per column inch.
Newspapers
or periodicals may only charge more than ten (10) pesos up to eighty
(80%)
percent of their regular commercial display advertising rates when
there
is proper and adequate proof that the rate claimed is the regular
commercial
advertising rate.cralaw:red
SEC. 14. Determination
of rates of publication charges. – The executive Judge shall
determine
the allowable rates as mentioned in the preceding Section, using as
basis
the contracts and proofs of payment submitted by the publishers.cralaw:red
IV. Font Sizes
and Column Width
SEC. 15. Samples
of font sizes and column width. – The Office of the Court
Administrator
shall issue the appropriate order indicating the samples of the maximum
font sizes and minimum column width for notices, announcements and
advertisements.cralaw:red
V. Revocation
of Accreditation
SEC. 16. When
accreditation may be suspended or revoked. – The Executive Judge
may
suspend or revoke the accreditation of a newspaper or periodical when
it
is established in a summary hearing that the said newspaper of
periodical
no longer complies with the requirements for an accredited newspaper or
periodical as prescribed herein or has violated any of the provisions
of
P.D. No. 1079.cralaw:red
VI. Appeal
SEC. 17. Appeal
to the Office of the Court Administrator. – Appeals in the grant
and
denial of accreditation or in the suspension or revocation of
accreditation
may be brought before the Office of the Court Administrator by the
aggrieved
party. The decision of the Court Administrator shall be final.cralaw:red
Promulgated this
16th day of October, 2001.
HILARIO G. DAVIDE,
JR.Chief JusticeJOSUE N. BELLOSILLO
JOSE A.R. MELO
Associate
Justice
Associate Justice
REYNATO
S. PUNO
JOSE C. VITUG
Associate
Justice
Associate Justice
SANTIAGO M.
KAPUNAN
VICENTE V. MENDOZA
Associate
Justice
Associate Justice
ARTEMIO V. PANGANIBAN
LEONARDO A. QUISUMBING
Associate
Justice
Associate Justice
BERNARDO P.
PARDO
ARTURO B. BUENA
Associate
Justice
Associate Justice
MINERVA P. GONZAGA-REYES
CONSUELO YNARES-SANTIAGO
Associate
Justice
Associate Justice
SABINO
R. DE
LEON,
JR.
ANGELINA SANDOVAL-GUTIERREZ
Associate
Justice
Associate Justice
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