CIRCULAR
NO. 11-99
TO: THE
JUDGES AND CLERK OF COURTS OF THE REGIONAL TRIAL COURTS, METROPOLITAN
TRIAL
COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND
MUNICIPAL
CIRCUIT TRIAL COURTS
SUBJECT:
TRANSFER TO THE REGIONAL TRIAL COURTS OF CASES FALLING WITHIN THE
JURISDICTION
OF THE FAMILY COURTS FROM THE METROPOLITAN TRIAL COURTS, MUNICIPAL
TRIAL
COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL
COURTS.
For the information
and guidance of all concerned, quoted hereunder is the Resolution of
the
Court En Banc dated February 9, 1999 in A.M. No. 99-1-13-SC- Re:
Transfer to Regional Trial Courts of Cases Falling Within the
Jurisdiction
of the Family Courts from the Metropolitan Trial Courts, Municipal
Trial
Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial
Courts.
"WHEREAS,
Section 32 of the Judiciary Reorganization Act of 1980, as amended by
Republic
Act No. 7691, provides, on the one hand, that the Metropolitan Trial
Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal
Circuit Trial Courts shall exercise exclusive original jurisdiction
over,
among others, ‘all offenses punishable with imprisonment not exceeding
six [6] years irrespective of the amount of fine, and regardless of
other
imposable accessory or other penalties including the civil liability
arising
from such offenses or predicated thereon, irrespective of kind, nature,
value or amount thereof xxx.’
"WHEREAS,
on the other hand, Section 5 of Republic Act No 8369, otherwise known
as
the Family Courts Act of 1997, provides that the Family Courts hall
have
original jurisdiction to hear and decide the following cases,
regardless
of the penalty imposable by law:chanroblesvirtuallawlibrary
'[a]
Criminal cases
where one or more of the accused is below eighteen (18) years of age
but
not less than nine (9) years of age, or one or more of the victims is a
minor at the time of the commission of the offense.
xxx
'[h] Cases
against
minors cognizable under the Dangerous Drugs Act, as amended; and
'[i]
Violations of
Republic Act No. 7610, otherwise known as the ‘Special Protection of
Children
Against Child Abuse, Exploitation and Discrimination Act’ as amended by
Republic Act No. 7658.'
"WHEREAS,
pending
the constitution and organization of the Family Courts and the
designation
of branches of the Regional Trial Courts as Family Courts in accordance
with Section 17 [Transitory Provisions] of R. A. No. 8369, there is
need
to provide guidelines in the hearing and determination of criminal
cases
falling within the jurisdiction of Family Courts which have heretofore
been filed with first level courts.
"NOW,
THEREFORE,
the Court has resolved, as it hereby resolves, that all criminal cases
within the jurisdiction of the Family Courts filed with the first level
courts, shall be transferred to the Regional Trial Courts which shall
take
cognizance thereof as follows:chanroblesvirtuallawlibrary
Section
1. Inventory
of Cases. – All judges of Metropolitan Trial Courts, Municipal
Trial
Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial
Courts
shall cause [1] the taking of an inventory within ten (10) days from
receipt
of a copy of this issuance of all criminal cases falling within the
jurisdiction
of the Family Courts filed with their respective courts; and [2] the
preparation
of the appropriate inventory list. The list shall indicate the case
number
and the status of each case – whether for pre-trial, trial or submitted
for decision. A copy of the list shall be submitted to the Court
Management
Office (Attention: The Chief, Statistical Reports Division) of the
Office
of the Court Administrator.
Sec. 2. Transfer
of Cases in Provinces or Cities with Only a Single Sala Regional Trial
Court. – Where the Regional Trial Court of the province or city has
a single sala, judges of the Municipal Trial Courts in Cities,
Municipal
Trial courts and Municipal Circuit Trial Courts within the
administrative
area of the said Regional Trial Court shall forward the listed cases,
together
with the corresponding records, to the Regional Trial Court within five
(5) days from the completion of the inventory, except the cases which
have
already been submitted for decision as of the effectivity of this
Resolution.cralaw:red
Sec. 3. Transfer
of Cases in Provinces or Cities with Multiple Sala Regional Trial Court.
– Where the Regional Trial Court of the province or city has two (2) or
more branches, judges of the Metropolitan Trial Courts, Municipal Trial
Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial
Court
within the administrative area of the said Regional Trial Court shall
submit
the listed cases, together with the corresponding records, except the
cases
which have already been submitted for decision as of the effectivity of
this Resolution, to the Executive Judge of the Regional Trial Court.
The
said Executive Judge shall then effect the distribution of the listed
cases
to the branch or branches of the Regional Trial Court designated to
handle
juvenile and domestic relations cases and cases involving youthful
offenders.cralaw:red
[a] In
case only
one (1) branch of the Regional Trial Court has been designated to
handle
juvenile and domestic relations cases and cases involving youthful
offenders,
the Executive Judge shall cause the transfer of the listed cases to the
Regional Trial Court branch so designated immediately after receipt of
the records.
[b] In case
two (2)
or more branches of the Regional Trial Court have been designated to
handle
the aforementioned cases, the Executive Judge shall, within ten (10)
days
from receipt of the records, conduct the raffle, with notice to the
parties,
and distribute the cases, together with the records to the Regional
Trial
Court branches involved.cralaw:red
[c] In
provinces
or cities with multiple-sala Regional Trial Courts but no branch or
branches
thereof have been designated to handle juvenile and domestic relations
cases or cases involving youthful offenders, the Executive Judge shall
conduct the appropriate raffle and distribute the said cases, together
with the records, to the branches of the Regional Trial Court within
(10)
days from receipt of such records.cralaw:red
Sec. 4 Resolution
of and Decision on Cases Already Submitted for Decision. – Cases
which
have already been submitted for decision before the effectivity of this
Resolution in Metropolitan Trial Courts, Municipal Trial Courts in
Cities,
Municipal Trial Courts, and Municipal Circuit Trial Courts in which
they
have been filed and heard, shall be resolved by such courts, as the
case
may be.
Sec. 5. Publication
and Effectivity. – This Resolution shall take effect on 1 March
1999
and shall be published in two (2) newspapers of general circulation in
the Philippines before 15 February 1999.cralaw:red
Promulgated
this
9th day of February, 1999."
February 23,
1999.
[Sgd.]
ALFREDO
L. BENIPAYOCourt
Administrator
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