EN BANC
[A.M. No. 15-08-07-SC. November 10, 2015.]
RE: ADMINISTRATIVE MATTER FOR AGENDA REQUESTING THE TRANSFER OF VENUE OF PENDING CASE/S WHEREIN THE ACCUSED IS CURRENTLY DETAINED AT THE NATIONAL PENITENTIARY BY VIRTUE OF A CONVICTION IN ANOTHER CASE
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution datedNOVEMBER 10, 2015, which reads as follows:
"A.M. No. 15-08-07-SC — Re: Administrative Matter for Agenda Requesting the Transfer of Venue of Pending Case/s Wherein the Accused is Currently Detained at the National Penitentiary by Virtue of a Conviction in Another Case
This refers to the Memorandum dated 4 August 2015 of Atty. Ma. Lourdes C. Perfecto and Atty. Teresita Aquino Tuazon, Division Clerk of Court and Deputy Division Clerk of Court, respectively, of the Second Division of this Court requesting for guidance/instruction on the matter regarding the "temporary transfer of venue of pending case/s wherein the accused is currently detained at the national penitentiary."
It appears that there are two versions in the Administrative Matter for Agenda submitted by the Office of the Court Administrator (OCA) on the procedure for temporary transfer of records. One version is where the judge to whom the subject case is assigned shall immediately calendar the case for arraignment and the taking of the testimony of the accused. The other version is with additional directives to the judge to whom the case is raffled for hearing to inquire from the accused, with assistance of counsel, whether he was informed that the records of the case were forwarded to the present court for the conduct of parts of the proceedings and whether he would agree that the records will be forwarded to the court a quo, for further proceedings; and whether he is willing to waive his right to be present thereat.
It should be recalled that in the Resolution dated 19 November 2013 in A.M. No. 13-11-07-SC, the Court approved the draft guidelines on the issuance of mittimus/commitment order and transfer of detainees/prisoners from one detention/penal facility to another or from one place to another for purposes of testifying at the hearing or the trial of an action. This was embodied in OCA Circular No. 163-2013 dated 6 December 2013 wherein it provided that no judge shall allow a prisoner or detainee confined in any national penitentiary to be brought outside the said penal institution for appearance or attendance before any court, except by express authority of the Court. National prisoners may be transferred or committed to the New Bilibid Prison (NBP) in Muntinlupa City, Metro Manila and to the other national penal institutions, namely: Davao Prison and Penal Farm in Panabo, Davao del Norte (for national prisoners in Regions X and XI); San Ramon Prison and Penal Farm in Zamboanga City, Zamboanga del Sur (for national prisoners in Regions IX and XII); Leyte Regional Prison in Abuyog, Leyte (for national prisoners in Region VIII); Iwahig Prison and Penal Farm in Puerto Princesa, Palawan (for national prisoners in Palawan and Puerto Princesa City); Sablayan Prison and Penal Farm in Sablayan, Mindoro (for national prisoners in Mindoro Oriental and Mindoro Occidental); and Correctional Institution for Women (CIW) in Mandaluyong City, Metro Manila (for female national prisoners). Further, every Judge in the National Capital Judicial Region (NCJR) and in the Provinces of Rizal, Bulacan, Cavite, and Laguna who requires the attendance or appearance in any judicial proceeding of a national prisoner or detainee confined in the NBP or CIW is directed to conduct such proceeding within the premises of the said penal institutions. CAIHTE
However, a Judge of a court outside of the NCJR and the Provinces of Rizal, Bulacan, Cavite, and Laguna who requires the attendance or appearance in any judicial proceeding of a national prisoner or detainee confined in the NBP or CIW is directed to immediately refer the matter to the Court through the OCA for appropriate action.
For uniformity, the following guidelines for temporary transfer of records shall likewise be adopted:
a. Within three (3) days from notice, the Executive Judge of the court a quo shall cause the transmittal of the case records to the court concerned specifying the proceedings to be conducted thereat;
b. Within three (3) days from receipt of the case records, the Executive Judge of the court where the case records are to be transferred shall immediately cause the raffle of the case among the judges in the station;
c. The judge to whom the case is assigned or raffled shall immediately calendar the case for arraignment;
d. Immediately after arraignment, the judge concerned shall inquire from the accused, who will be assisted by counsel, (i) whether he was properly informed by his counsel that the case records will be forwarded to the present court for pre-trial conference and reception of evidence for the prosecution; and (ii) whether he is waiving his right to be present thereat, in recognition of his right to be present at any stage of the trial. If the accused waives his right to be present at any stage of the proceedings, the judge to whom the case was assigned shall immediately cause the transmittal of the case records to the court a quo, for pre-trial conference and reception of evidence for the prosecution. Whenever the presence of the accused is deemed indispensable, the judge of the court a quo shall cause the transmittal of the case records to the court concerned, for continuation of the trial;
If the accused refuses to waive his right to be present at any stage of the trial, the case shall be archived and the proceedings suspended until the Court shall have adopted the appropriate rules governing the continuation of proceedings where the accused refuses to waive his right to be present;
e. When it is the turn of the accused to testify, the court a quo shall again transmit the case records to the judge of the court to whom the case was previously assigned for the taking of the accused's testimony and thereafter cause the immediate return of the case records to the court a quo for the continuation of trial until the case shall have been submitted for decision;
f. After the judge of the court a quo or his/her successor shall have written and signed the decision in the case, he/she shall cause the transmittal thereof for its promulgation by the judge to whom the case was previously assigned for the taking of the accused's testimony; and
g. The said judge shall immediately calendar the decision for promulgation, and once the promulgation has been completed, issue the Certificate of Promulgation and cause the immediate transmittal thereof to the court a quo." Brion and Mendoza, JJ., on leave. (adv17)
Very truly yours,
(SGD.) FELIPA B. ANAMAClerk of Court