CIRCULAR
NO. 33-98
TO: ALL
JUDGES OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS,
MUNICIPAL
TRIAL COURTS IN CITIES AND MUNICIPAL CIRCUIT TRIAL COURTS
SUBJECT:
INVENTORY OF CRIMINAL CASES FALLING WITHIN THE JURISDICTION OF THE
FAMILY
COURTS.
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, Municipal Trial Courts in Cities 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."
On the other hand,
Section 5 of the Family Courts Act of 1997 provides that the Family
Courts
shall have exclusive original jurisdiction to hear and decide the
following
cases:
"[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 where 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 cralaw:red
"[j]
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."
To enable this
Office
to determine the present actual number of criminal cases within the
jurisdiction
of the Family Courts filed with and handled by the first level courts,
all judges of the Metropolitan Trial Courts, Municipal Trial Courts,
Municipal
Trial Courts in Cities and Municipal Circuit Trial Courts are hereby
directed
to 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. The list shall be submitted to the Court Management
Office
[Attention: The Chief, Statistical Reports Division] of the Office of
the
Court Administrator on or before Wednesday, 15 July 1998.
For strict compliance.
[Sgd.]
ALFREDO
L. BENIPAYOCourt
Administrator
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