May 21, 2002
SUPREME COURT
PHILIPPINE JUDICIAL ACADEMY
THE AD HOC COMMITTEE FOR THE REVISION OF THE MANUAL FOR CLERKS OF COURT
The Ad Hoc Committee for the Revision of the Manual for Clerks of Court respectfully submits the final draft of the 2002 Revised Manual for Clerks of Court, consisting of two volumes, for the consideration and approval of the Court. It includes a Directory of Regional Trial Courts and First Level Courts for handy reference. CSIDEc
Appearing after the Foreword is a Resolution adopted by the Committee on 30 March 2002, describing briefly the salient and new features of the Manual. The Chairmen and Members of the Committee are all signatories to said Resolution.
Manila, Philippines, May 21, 2002.
Respectfully submitted:
By:
(SGD.) AMEURFINA A. MELENCIO-HERRERAChairPhilippine Judicial Academy
Gentlemen:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated 28 May 2002:
"A.M. No. 02-5-07-SC. — Re: 2002 Revised Manual for Clerks of Court. — The Ad Hoc Committee for the Revision of the Manual for Clerks of Court formally submitted the two-volume 2002 Revised Manual for Clerks of Court which the Court unanimously APPROVED. The Manual shall be considered a Centennial Edition."
Very truly yours,
LUZVIMINDA D. PUNO
By:
June 3, 2002
(SGD.) MA. LUISA D. VILLARAMA
THE 2002 REVISED MANUAL FOR CLERKS OF COURT
OFFICE OF THE CLERK OF COURT
SUPREME COURT
COURT OF APPEALS
SANDIGANBAYAN
COURT OF TAX APPEALS
REGIONAL TRIAL COURTS
SHARI'A DISTRICT COURTS
FIRST LEVEL COURTS
SHARI'A CIRCUIT COURTS
VOLUME I
HON. HILARIO G. DAVIDE, JR.
HON. JOSUE N. BELLOSILLO
HON. JOSE A.R. MELO
HON. REYNATO S. PUNO
HON. JOSE C. VITUG
HON. SANTIAGO M. KAPUNAN
HON. VICENTE V. MENDOZA
HON. ARTEMIO V. PANGANIBAN
HON. LEONARDO A. QUISUMBING
HON. CONSUELO YNARES-SANTIAGO
HON. SABINO R. DE LEON, JR.
HON. ANGELINA SANDOVAL-GUTIERREZ
HON. ANTONIO T. CARPIO
HON. MA. ALICIA AUSTRIA-MARTINEZ
HON. RENATO C. CORONA
ATTY. LUZVIMINDA D. PUNO
ATTY. MA. LUISA D. VILLARAMA
FOREWORD
Since its conception in 1977 by the late Chief Justice Fred Ruiz Castro, a manual for clerks of court has always been a felt need. Justice Ameurfina A. Melencio-Herrera, who was then an Associate Justice of the Court of Appeals, was called upon to lead the initiative, and a draft manual was soon completed by Justice Herrera's committee. The High Court, however, was not able to act upon the draft. TDEASC
On 16 March 1990, by virtue of Administrative Order No. 32-90, then Chief Justice Marcelo B. Fernan created a Committee to formulate and draft a Manual for Clerks of Court. With Justice Herrera, at the time already a member of the High Court, chairing the committee, the Manual was completed and approved by the Court in February 1991. In his foreword to the Manual, Chief Justice Fernan hailed it as a "major achievement in the Judiciary's reform program" and a "great contribution in our quest for an improved administration of justice".
The Manual for Clerks of Court remains an important component for a constantly improving Judiciary. With various developments in the Judiciary, not the least of which is the institutionalization of a Judicial Reform Program, the need to revise the 1991 Manual for Clerks of Court became evident. Thus, on 8 January 2001, the Chief Justice issued Administrative Circular No. 4-2001 creating an Ad Hoc Committee for the Revision of the Manual for Clerks of Court. Naturally, the task of chairing the committee fell on the shoulders of the venerable Madame Justice Herrera, now Chancellor of the Philippine Judicial Academy. As the Committee embarked on its task, little did it realize that it would overhaul the manual that had been the virtual Bible of clerks of court all over the country since 1991 and which had afforded them convenience and facility in the execution of ordinary and special tasks.
The modified Manual, aptly called The 2002 Revised Manual for Clerks of Court, which the Committee has prepared, greatly deviates from the 1991 version. The latter emphasized the functions and duties of clerks of court according to types of cases and stages of trial or proceedings. The revised edition, on the other hand, is subdivided according to judicial hierarchy, from the Supreme Court to the first level courts, including the Shari'a courts, with an additional chapter on guidelines on the maintenance and occupancy of the Halls of Justice. While the revised manual retains most of the information in the old manual, it clusters some topics which previously appeared in scattered sections thereof, namely, the chapters on land registration and cadastral cases, benefits and privileges of clerks of court and other court personnel, appointments and personnel action, legal fees and costs, and disposal and/or distribution of court records, papers and exhibits.
It bears repeating that our clerks of court are at the forefront of judicial administration because of their indispensable role in case adjudication and court management. The 2002 Revised Manual for Clerks of Court will be their helpful guide and companion in achieving excellence in their tasks to contribute to the effective and efficient administration of justice in the country. DaCTcA
The Committee has thus accomplished a magnum opus which is consistent with and pursues further the Chief Justice's vision of a Judiciary that is independent, effective and efficient, and the mission of providing speedy and fair dispensation of justice to all and improving the people's access to judicial services. The Court is once again grateful to Mme. Justice Ameurfina A. Melencio-Herrera. Likewise, the Court recognizes the support and hard work contributed by the Committee's Co-Chairman, Court Administrator Presbitero J. Velasco, Jr., its Vice-Chairman, Atty. Luzviminda D. Puno and its Members, Dean Reynaldo L. Suarez, Assistant Court Administrator Antonio H. Dujua, Atty. Edna E. Diño, Atty. Eden T. Candelaria, Atty. Felipa B. Anama, Judge Manuela F. Lorenzo, Judge Thelma A. Ponferrada, Judge Gregorio D. Dayrit, Judge Ma. Theresa M. Arcega, Atty. Tessie L. Gatmaitan, Atty. Emma Rosario A. Lorbes, Atty. Elvessa P. Apolinario, Atty. Jesusa P. Maningas, Atty. Mercedes S. Gatmaytan, Atty. Engracio M. Escasinas, Jr., Atty. Racquel Crisologo-Lara, Atty. Lelu P. Contreras and Atty. Adelaida Cabe-Baumann.
The 2002 Revised Manual for Clerks of Court is truly a major achievement which deserves to be another accomplishment of the Centenary celebrations of the Court.
(SGD.) HILARIO G. DAVIDE, JR.Chief JusticeSupreme Court of the Philippines
RESOLUTION
WHEREAS, on February 22, 1991, the Committee on the Manual for Clerks of Court constituted, pursuant to Administrative Order No. 32-90 issued on March 16, 1990, submitted to Chief Justice Marcelo B. Fernan the draft of the 1991 edition of the Manual for consideration and approval;
WHEREAS, the draft of the Manual was subsequently approved by Chief Justice Fernan, printed by the Supreme Court Printing Service in July 1991, and then distributed to the Clerks of Court of the Regional Trial Courts and First Level Courts; DHESca
WHEREAS, since 1991, many significant changes have occurred in the Judiciary: (1) on October 24, 1996, the Supreme Court strengthened the Office of the Court Administrator (OCA) as its principal arm in performing its constitutional power and duty to exercise its administrative supervision over all lower courts; (2) on February 26, 1998, Republic Act No. 8557 establishing the Philippine Judicial Academy and defining its powers and functions was enacted; (3) on October 28, 1997, Republic Act No. 8369 constituting the Family Courts was passed; and (4) on different and various dates, numerous resolutions and administrative issuances were promulgated or issued on the general administration of lower courts, all of which relate to and impact on the functions, duties and responsibilities of the Clerks of Court of 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;
WHEREAS, Chief Justice Hilario G. Davide, Jr., fully cognizant of these changes and the ever-evolving role of the Clerks of Court and the need to review and re-study the 1991 edition of the Manual for Clerks of Court issued Administrative Circular No. 4-2001, dated January 8, 2001, creating the Ad Hoc Committee for the Revision of the Manual for Clerks of Court;
WHEREAS, the members of the Ad Hoc Committee for the Revision of the Manual for Clerks of Court, after numerous intensive meetings and exhaustive discussions, whether in plenary or in sub-committees, have revised the 1991 edition of the Manual;
WHEREAS, the draft of the 2002 edition of the Manual for Clerks of Court includes not only the changes introduced by relevant Supreme Court resolutions, rules and administrative issuances promulgated after 1991 and by OCA circulars and administrative memoranda but also the features of new offices and programs and the provisions of important guidelines, with the following, among them:
1. Public Information Office;
2. Program Management Office; ISTECA
3. Educational Support Program for the Lower Courts;
4. Supreme Court Health and Welfare Plan;
5. Supreme Court Motorcycle Acquisition Program for Process Servers;
6. Guidelines on the Wearing of Uniforms; and
7. Guidelines on the Occupancy, Use, Operation and Maintenance of Halls of Justice; and
WHEREAS, the Committee trusts that the Manual for the Clerks of Court shall serve as invaluable guidebook, reference source and work companion of all Clerks of Court and court personnel in the competent and faithful discharge of their duties and responsibilities within the court milieu.
NOW, THEREFORE, the Ad Hoc Committee for the Revision of the Manual for Clerks of Court respectfully submits the final draft of the 2002 edition of the said Manual for consideration and approval.
IN WITNESS WHEREOF, the members of the Ad Hoc Committee affix hereto their signatures this 8th day of March 2002.
(SGD.) AMEURFINA A. MELENCIO HERRERAChancellor, Philippine Judicial Academy
(SGD.) PRESBITERO J. VELASCO, JR.Court Administrator
(SGD.) LUZVIMINDA D. PUNOClerk of Court, Supreme Court En Banc
Members
(SGD.) REYNALDO L. SUAREZRetired Deputy Court Administrator
(SGD.) ANTONIO H. DUJUAAssistant Court Administrator
(SGD.) EDNA E. DIÑOChief Attorney
(SGD.) EDEN T. CANDELARIAChief Administrative Officer
(SGD.) MANUELA F. LORENZOJudge, Regional Trial Court
(SGD.) THELMA A. PONFERRADAJudge, Regional Trial Court
(SGD.) GREGORIO D. DAYRITJudge (Ret.), Metropolitan Trial Court
(SGD.) MA. THERESA V. MENDOZA-ARCEGAJudge, Municipal Trial Court
(SGD.) TESSIE L. GATMAITANClerk of Court, Court of Appeals
(SGD.) EMMA ROSARIO A. LORBESClerk of Court, Sandiganbayan
(SGD.) ELVESSA P. APOLINARIOClerk of Court, Court of Tax Appeals
(SGD.) JESUSA S. PRADO-MANINGASClerk of Court VII
(SGD.) MERCEDES S. GATMAYTANClerk of Court VII
(SGD.) ENGRACIO M. ESCASINAS, JR.Clerk of Court VII
(SGD.) RACQUEL R. CRISOLOGO-LARAClerk of Court VI
(SGD.) LELU P. CONTRERASClerk of Court VI
(SGD.) ADELAIDA CABE-BAUMANNRetired Chief Administrative Officer
(SGD.) FELIPA BORLONGAN ANAMAExecutive Officer
(SGD.) ROLDAN GUIDO A. CAPITOSecretary
(SGD.) SUSAN S. CAPARROSAssistant Secretary
THE 2001 AD HOC COMMITTEE FOR THE REVISION OF THE MANUAL FOR CLERKS OF COURT
Sitting from left: Judge Gregorio D. Dayrit, Judge Ma. Theresa M. Arcega, ACA Antonio H. Dujua, Atty. Luzviminda D. Puno, Justice Ameurfina A. Melencio-Herrera, Justice Presbitero J. Velasco, Jr., Dean Reynaldo L. Suarez, Judge Thelma A. Ponferrada
Standing from left: Atty. Roldan A. Capito, Atty. Engracio M. Escasinas, Jr., Atty. Raquel C. Lara, Atty. Mercedes S. Gatmaytan, Atty. Jesusa P. Maningas, Atty. Emma Rosario A. Lorbes, Atty. Elvessa P. Apolinario, Atty. Tessie L. Gatmaitan, Atty. Adelaida Cabe-Baumann, Atty. Felipa B. Anama, Atty. Eden T. Candelaria, Atty. Edna E. Diño, Judge Manuela F. Lorenzo, Atty. Lelu P. Contreras, Ms. Susan S. Caparros, Mr. Emmanuel C. Ignacio
TABLE OF CONTENTS
Foreword CcAESI
Resolution
The Hierarchy of Courts in the Philippines
Expanded or Total Court System in the Philippines
Chapter I
A. Origin of the Office
B. Nature of the Position
C. Stations
D. General Supervision over Clerks of Court and Other Personnel of the Lower Courts
Chapter II
A. Organizational Chart
B. Jurisdiction
1. Original
1.1. Exclusive
1.2. Concurrent
2. Appellate
2.1. By notice of appeal
2.2. By automatic review
2.3. By petition for review on certiorari
2.4. Special civil action on certiorari
C. Procedure in the Assignment of Cases
1. In general
2. En Banc
3. Raffle Committee AcHCED
4. Minute Resolution
D. Qualifications of Officers
1. Executive Clerk of Court V (Clerk of Court)
2. Executive Clerk of Court IV (Asst. Clerk of Court)
3. Executive Clerk of Court IV (Division Clerks of Court)
4. Executive Clerk of Court III (Asst. Division Clerk of Court)
5. Chiefs of Offices
5.1. Director IV — Deputy Clerk of Court and Reporter
5.2. Director IV — Deputy Clerk of Court and Chief Attorney
5.3. Director IV — Deputy Clerk of Court and Chief, Judicial Records Office
5.4. Director IV — Deputy Clerk of Court and Chief Administrative Officer
5.5. Director IV — Deputy Clerk of Court and Bar Confidant
5.6. Director IV — Deputy Clerk of Court and Chief, Management Information Systems Office
5.7. Director IV — Deputy Clerk of Court and Executive Officer
5.8. Director V — Chief, Fiscal Management and Budget Office
6. Chiefs of Services
6.1. Director III — SC Senior Chief Staff Officer (Medical and Dental Services)
6.2. Director III — SC Senior Chief Staff Officer (Library Services)
6.3. Director III — SC Senior Chief Staff Officer (Printing Services) TaCDAH
E. Functions and Duties of Officers
1. Executive Clerk of Court V (Clerk of Court)
1.1. Adjudicative Support Functions
1.2. Non-Adjudicative Functions
2. Executive Clerk of Court IV (Assistant Clerk of Court)
2.1. Adjudicative Support Functions
2.2. Non-Adjudicative Functions
3. Executive Clerk of Court IV (Division Clerks of Court)
3.1. Adjudicative Support Functions
3.2. Non-Adjudicative Functions
4. Executive Clerk of Court III (Asst. Division Clerk of Court)
4.1. Adjudicative Support Functions
4.2. Non-Adjudicative Functions
5. Chiefs of Offices
5.1. Director IV — Deputy Clerk of Court and Reporter
5.1.1. Non-Adjudicative Functions
5.2. Director IV — Deputy Clerk of Court and Chief Attorney
5.2.1. Adjudicative Support Functions
5.2.2. Non-Adjudicative Functions
5.3. Director IV — Deputy Clerk of Court and Chief, JRO
5.3.1. Adjudicative Support Functions
5.3.2. Non-Adjudicative Functions
5.4. Director IV — Deputy Clerk of Court and Chief Administrative Officer CaEIST
5.4.1. Non-Adjudicative Functions
5.5. Director IV — Deputy Clerk of Court and Bar Confidant
5.5.1. Non-Adjudicative Functions
5.6. Director IV — Deputy Clerk of Court and Chief, MISO
5.6.1. Non-Adjudicative Functions
5.7. Director V — Chief, FMBO
5.7.1. Non-Adjudicative Functions
5.8. Director IV — Deputy Clerk of Court and Executive Officer
5.8.1. Non-Adjudicative Functions
6. Chiefs of Services
6.1. Director III — SC Senior Chief Staff Officer (Medical and Dental Services)
6.1.1. Non-Adjudicative Functions
6.2. Director III — SC Senior Chief Staff Officer (Library Services)
6.2.1. Non-Adjudicative Functions
6.3. Director III — SC Senior Chief Staff Officer (Printing Services)
6.3.1. Non-Adjudicative Functions
F. Case Flow Chart
G. Other Offices Under the Administration, Supervision and
Control of the Supreme Court
1. Judicial and Bar Council
2. Philippine Judicial Academy
3. Office of the Court Administrator SHTaID
4. Public Information Office
5. Program Management Office
6. Office of the Jurisconsult
H. Forms
1. Legal Fees
2. Processing Form for Motion for Extension to File Petition
3. Processing Form for Petition for Review on Certiorari
4. Processing Form for Special Civil Action (certiorari, prohibition, mandamus, etc.)
5. Entry of Judgment
6. Letter Transmitting Entry of Judgment
7. Computation of the 15-day Period from Service of Notice upon the Defeated Parties until Judgment Becomes Final and Executory
8. Letter of Transmittal to the Court of Appeals of Entry of Judgment
9. Return of Case Records to Court of Appeals
10. Letter of Transmittal to National Labor Relations Commission/Department of Labor and Employment/ Regional Trial Court
11. Letter of Transmittal to Regional Trial Court/ Sandiganbayan/Commission on Elections ACSaHc
12. Letter of Transmittal to Regional Trial Court/ Department of Justice/Court of Appeals/ Ombudsman/Sandiganbayan/Commission on Audit/ Civil Service Commission
13. Return of Case Records to Regional Trial Court
Chapter III
A. Organizational Chart
B. Jurisdiction
1. Matters Cognizable by the Court en banc
2. Matters Cognizable by the Divisions
2.1. Original
2.2. Appellate
C. Qualifications of Officers
1. Executive Clerk of Court IV (Clerk of Court)
2. Executive Clerk of Court III (Assistant Clerk of Court)
3. Executive Clerk of Court III (Division Clerk of Court)
4. Court Reporter
5. Chief Judicial Staff Officer, Judicial Records Division
6. Chief Judicial Staff Officer, Information and Statistical Data Division
7. Chief Judicial Staff Officer, Library Services Division
8. Chief Judicial Staff Officer, Cash Division
9. Chief Judicial Staff Officer, Fiscal Management and Budget Division
10. Chief Judicial Staff Officer, General Services Division
11. Chief Judicial Staff Officer, Human Resource and Management Division acIASE
12. Chief Judicial Staff Officer, Management Audit Division
13. Chief Judicial Staff Officer, Property and Supply Management Division
14. Chief Judicial Staff Officer, Medical and Dental Clinic Division
15. Chief Judicial Staff Officer, Accounting Division
D. Functions and Duties of Officers
1. Executive Clerk of Court IV (Clerk of Court)
1.1. Adjudicative Support Functions
1.2. Non-Adjudicative Functions
2. Executive Clerk of Court III (Assistant Clerk of Court)
2.1. Adjudicative Support Functions
2.2. Non-Adjudicative Functions
3. Executive Clerk of Court III (Division Clerk of Court)
3.1. Adjudicative Support Functions
3.2. Non-Adjudicative Functions
4. Court Reporter
4.1. Adjudicative Support Functions
4.2. Non-Adjudicative Functions
5. Chief Judicial Staff Officer, Judicial Records Division
5.1. Adjudicative Support Functions
5.2. Non-Adjudicative Functions
6. Chief Judicial Staff Officer, Information and Statistical Data Division SaTAED
6.1. Non-Adjudicative Functions
7. Chief Judicial Staff Officer, Library Services Division
7.1. Non-Adjudicative Functions
8. Chief Judicial Staff Officer, Cash Division
8.1. Non-Adjudicative Functions
9. Chief Judicial Staff Officer, Fiscal Management and Budget Division
9.1. Non-Adjudicative Functions
10. Chief Judicial Staff Officer, General Services Division
10.1. Non-Adjudicative Functions
11. Chief Judicial Staff Officer, Human Resource Management Division
11.1. Non-Adjudicative Functions
12. Chief Judicial Staff Officer, Management Audit Division
12.1. Non-Adjudicative Functions
13. Chief Judicial Staff Officer, Property and Supply Management Division
13.1. Non-Adjudicative Functions
14. Chief Judicial Staff Officer, Medical and Dental Clinic Division
14.1. Non-Adjudicative Functions
15. Chief Judicial Staff Officer, Accounting Division
15.1. Non-Adjudicative Functions
E. Case Flow Charts
1. Ordinary Appealed Cases (Civil and Criminal)
2. Special Cases CEDScA
F. Forms
1. Certification re: Minutes, Exhibits and Transcripts
2. Notice to File Brief
3. Notice to File Memoranda in lieu of Brief
4. Notice to Forward Proof of Receipt
5. Tracer — Judicial Records Division
6. Request for Information re: Status of Cases Remanded for Retaking of Testimonies
7. Agenda
8. Notice of Hearing
9. Summons
10. Cartilla of Hearing
11. Subpoena Ad Testificandum
12. Subpoena Duces Tecum
13. Certification of Appearance
14. Minute Resolution
15. Notice of Resolution/Decision
16. Writ of Execution
17. Order of Release Upon Bond
18. Order of Release
19. Tracer — Division Clerk of Court
20. Entry of Judgment aADSIc
21. Elevation of Records to the Supreme Court
22. Certification re: Plain/Certified Copy of Entry of Judgment and Letter of Transmittal
23. Report on Cases Decided and Appealed to and Decided by the Supreme Court
24. Letter of Transmittal
25. Monthly Report of Cases (Offices of the Justices)
26. Request Form re: Plain/Certified Photo Copy of Decision/ Resolution (Court Reporter)
27. Certification re: Plain/Certified Photo Copy of Decision/Resolution
Chapter IV
A. Organizational Chart
B. Jurisdiction
1. Exclusive Original Jurisdiction
2. Exclusive Appellate Jurisdiction
C. Qualifications of Officers
1. Executive Clerk of Court IV
2. Executive Clerk of Court III
3. Director III (formerly SB Legal Officer pursuant to National Compensation Circular No. 56)
4. Division Chiefs
4.1. Sandiganbayan Chief Judicial Staff Officer, Judicial Records Division
4.2. Sandiganbayan Chief Judicial Staff Officer, Administrative Division
4.3. Sandiganbayan Chief Judicial Staff Officer, Budget and Finance Division
4.4. Security Officer III (Chief, Security and Sheriff Services)
D. Functions and Duties of Officers
1. Executive Clerk of Court IV
1.1. Adjudicative Support Functions
1.2. Non-Adjudicative Functions
2. Executive Clerk of Court III
2.1. Adjudicative Support Functions
2.2. Non-Adjudicative Functions
3. Director III (Legal Officer)
3.1. Adjudicative Support Functions
3.2. Non-Adjudicative Functions
4. Division Chiefs
4.1. Sandiganbayan Chief Judicial Staff Officer, Judicial Records Division
4.1.1. Adjudicative Support Functions
4.1.2. Non-Adjudicative Functions
4.2. Sandiganbayan Chief Judicial Staff Officer, Administrative Division
4.2.1. Non-Adjudicative Functions
4.3. Sandiganbayan Chief Judicial Staff Officer, Budget and Finance Division
4.3.1. Non-Adjudicative Functions
4.4. Security Officer III (Chief, Security and Sheriff Services)
4.4.1. Adjudicative Support Functions HcSaAD
4.4.2. Non-Adjudicative Functions
E. Case Flow Charts
1. Criminal Cases
2. Civil Cases
3. Appealed Criminal Cases
F. Forms
1. Order of Arrest
2. Certificate of Voluntary Surrender and Posting of Bond
3. Indorsement from Sheriff's Office re: Surrender of the Accused
4. Order of Detention
5. Order of Discharge from Custody
6. Recall of Order of Arrest
7. Accused's Personal Information Sheet
8. Undertaking
9. Notice of Arraignment/Pre-Trial/Trial
10. Certificate of Arraignment
11. Notice of Hearing
12. Order to Produce Body/Bodies
13. Notice of Pre-Trial Conference
14. Subpoena Duces Tecum/Ad Testificandum
15. Minutes of Session
16. Certificate of Appearance SaCIAE
17. Agenda
18. Resolution
19. Process Slip in Ordinary Appeal
20. Process Slip in Petition for Certiorari
G. Fees
1. Executive Clerk of Court
2. Sheriff's Fees
3. Stenographer's Fees
Chapter V
A. Organizational Chart
B. Jurisdiction (Exclusive appellate jurisdiction to review by appeal)
1. Decisions of the Commissioner of Internal Revenue
2. Decisions of the Commissioner of Customs
3. Decisions of the Secretary of Finance
C. Qualifications of Officers
1. Executive Clerk of Court III (Clerk of Court)
2. Executive Clerk of Court II (Deputy Clerk of Court)
3. Court Attorney V (Chief of the Legal and Technical Services Division)
4. Chief Judicial Staff Officer (Administrative Division)
5. Chief Judicial Staff Officer (Finance Division)
D. Functions and Duties HCTEDa
1. Executive Clerk of Court III
1.1. Adjudicative Support Functions
1.1.1. Before Trial
1.1.2. During Trial
1.1.3. After Trial
1.2. Non-Adjudicative Functions
2. Executive Clerk of Court II
2.1. Adjudicative Support Functions
2.1.1. Before Trial
2.1.2. During Trial
2.1.3. After Trial
3. Court Attorney V (Chief of the Legal and Technical Services Division)
3.1. Duties and Responsibilities
4. Chief Judicial Staff Officer (Administrative Division)
4.1. Duties and Responsibilities
5. Chief Judicial Staff Officer (Finance Division)
5.1. Duties and Responsibilities acHITE
E. Case Flow Chart
F. Forms
1. CTA Form No. 1 — Summons
2. CTA Form No. 2 — Notice of Service of Summons
3. CTA Form No. 3 — Notice of Pre-Trial
4. CTA Form No. 4 — Notice of Hearing
5. CTA Form No. 5 — Subpoena Ad Testificandum
6. CTA Form No. 6 — Subpoena Duces Tecum
7. CTA Form No. 7 — Minutes of Hearing
8. CTA Form No. 8 — Notice of Decision/Resolution
9. Entry of Judgment — (for Decision without Motion for Reconsideration and without appeal)
10. Entry of Judgment — (for Decision with denied Motion for Reconsideration and no appeal taken on the denial)
11. Writ of Execution — (for refund case won by petitioner)
12. Writ of Execution — (for assessment case won by respondent)
G. Legal Fees
1. Docket Fees
2. Stenographer's Fees
3. Witness' Fees AEIHaS
4. Other Fees
H. Circulars
1. CTA Circular 1-95
2. CTA Circular 10-97
3. CTA Circular 8-98
Chapter VI
A. Organizational Chart
1. Single Sala Court
2. Branch of a Multiple Sala Court
3. Office of the Clerk of Court in a Multiple Sala Court
3.1. 2-3 salas
3.2. 4-6 salas
3.3. 7-10 salas
3.4. 11-15 salas
3.5. 16-21 salas AHcDEI
3.6. 22-30 salas
3.7. 31-47 salas
3.8. 48-72 salas
3.9. 73-95 salas
B. Jurisdiction
1. Jurisdiction in Civil Cases
2. Jurisdiction in Criminal Cases
3. Concurrent Jurisdiction
4. Appellate Jurisdiction
5. Family Courts
6. Special Courts
6.1. Heinous Crimes Cases
6.2. Intellectual Property Rights Violations
6.3. SEC-related Cases
6.4. Agrarian Cases
6.5. Dangerous Drugs Cases
C. Qualifications of Officers
1. Qualification Standards
1.1. Clerk of Court VII
1.2. Clerk of Court VI
1.3. Clerk of Court V
2. Stations
3. Supervision Over Clerks of Court
D. General Functions and Duties of Clerks of Court and Other Court Personnel
1. Clerks of Court
1.1. Office of the Clerk of Court of a Multiple Sala Court
1.1.1. Clerk of Court CDAHaE
1.1.2. Assistant Clerk of Court
1.2. Branch Clerk of Court
1.3. Clerk of Court of a Single Sala Court
2. Other Court Personnel
2.1. Office of the Clerk of Court of a Multiple Sala Court
2.1.1. Administrative Officer IV Administrative Officer V
2.1.2. Administrative Officer II
2.1.3. Administrative Officer I
2.1.4. Records Officer II/Records Officer III
2.1.5. Deputy Sheriff IV/Deputy Sheriff V
2.1.6. Librarian I/Librarian II/Librarian III
2.1.7. Human Resource Management Officer II/
2.1.8. Human Resource Management Officer I
2.1.9. Human Resource Management Assistant
2.1.10. Cashier III
2.1.11. Cashier II
2.1.12. Cashier I
2.1.13. Cash Clerk II/Cash Clerk III
2.1.14. Statistician III
2.1.15. Statistician II
2.1.16. Statistician I
2.1.17. Assistant Statistician CEIHcT
2.1.18. Social Welfare Officer II
2.1.19. Supply Officer II/Supply Officer III
2.1.20. Court Stenographer III
2.1.21. Court Interpreter III
2.1.22. Clerk IV
2.1.23. Clerk III
2.1.24. Process Server
2.1.25. Utility Worker
2.2. Single Sala Court or Branch of a Multiple Sala Court
2.2.1. Legal Researcher
2.2.2. Court Stenographer
2.2.3. Court Interpreter
2.2.4. Sheriff IV
2.2.5. Clerk III
2.2.6. Process Server
2.2.7. Utility Worker
3. General Functions of the Office of the Clerk of Court of a Multiple Sala Court
3.1. Office of the Clerk of Court Proper
3.1.1. Adjudicative Support Division
3.1.1.1. Criminal Cases Section ITSacC
3.1.1.2. Civil Cases Section
3.1.1.3. Special Proceedings Section
3.1.1.4. Land Registration Cases Section
3.1.1.5. Appealed Cases Section
3.1.1.6. Family Court Cases Section
3.1.2. Administrative Division
3.1.2.1. Collecting Section
3.1.2.2. Notarial Section
3.1.2.3. Records and Archives Section
3.1.2.4. Personnel Section
3.1.2.5. Property and Supplies Section
3.1.2.6. Statistics Section
3.1.2.7. Library Section
3.1.3. The Pool Section
3.2. Clerk of Court as Ex-Officio Sheriff
E. Specific Functions and Duties
1. Adjudicative Support Functions
1.1. Office of the Clerk of Court and Single Sala Court
1.1.1. Filing with the Court
1.1.1.1. Manner of filing
a. Personal
b. Registered mail
1.1.1.2. Payment of docket and other legal fees
a. Guidelines cDCHaS
b. Exemptions from payment of fees
1.1.2. Receiving and Docketing
1.1.2.1. Receiving
1.1.2.2. Docketing
1.1.3. Assignment of Cases/Raffling of Cases
1.1.3.1. Notice of raffle
1.1.3.2. Regular raffle
1.1.3.3. Special raffle
1.1.3.4. Caseload of the Executive Judge
1.1.3.5. Re-assignment of cases of disqualified/inhibiting judges
1.1.3.6. Re-distribution of pending cases in multiple sala station
1.1.3.7. Distribution of cases among re-assigned judges
1.1.3.8. Unloading of cases and special rules in newly created branches
1.1.3.9. Special rules in newly created seats/stations
1.1.3.10. Inherited cases
1.1.3.11. Dismissed cases when refiled
1.1.3.12. Change of venue
1.1.3.13. Consolidation
1.1.3.14. Designated special courts
1.1.3.15. Family courts
1.1.3.16. Special agrarian courts CacTSI
1.1.4. Pairing System
1.1.4.1. Multiple sala courts
1.1.4.2. Single sala courts
1.2. Single Sala Court and Branch of a Multiple Sala Court in Civil Cases (Ordinary Civil Actions, Special Civil Actions and Special Proceedings)
1.2.1. Before Trial
1.2.1.1. Summons
a. Clerk to issue summons
b. Contents
c. Issuance of alias summons
d. By whom served
e. Return
1.2.1.2. Order and/or Notice of Hearing in lieu of, or in addition to, Summons
a. In petition for relief
b. In certiorari, prohibition and mandamus
c. In escheat proceedings
d. In cases of adoption
e. In cases of custody of minors
f. In petition for involuntary commitment of a child
g. In petition for removal of custody of a child voluntarily committed to an institution or individual AIDSTE
h. In petition for commitment of a disabled child
i. In proceedings for hospitalization of insane persons
j. In habeas corpus cases
k. In change of name proceedings (for cases not covered by Rep. Act No. 9048)
l. In absentee cases
m. In cases of cancellation and correction of entries in the civil registry (for cases not covered by Rep. Act No. 9048)
n. In cases of voluntary submission of drug dependent
o. In cases of voluntary dissolution of conjugal partnership
1.2.1.3. Modes of filing and service of pleadings, motions, notices, orders and other papers
a. Personal service
b. Service by mail
c. Substituted service
d. Completeness of service
e. Priorities in modes of service and filing
f. Filing and service defined
g. Proof of filing TcSAaH
h. Proof of service
1.2.1.4. Calendar of cases
a. Pre-trial calendar
b. Trial calendar
c. Motion calendar
c.1. Notice of hearing
c.2. Proof of service
c.3. Motion day
1.2.1.5. Pre-trial
a. When conducted
b. Pre-trial brief
c. Notice of pre-trial
d. Appearance of parties
e. Effect of failure to appear
f. Record of pre-trial
g. Guidelines and procedures
1.2.1.6. Subpoena and other court processes
a. Form and contents
b. Subpoena for deposition
c. Service
d. Court processes to diplomats
e. Subpoena to Register of Deeds
f. Subpoena to government employees IcHAaS
g. Subpoena to military personnel
h. Subpoena for bank deposits in general
i. Quashing a subpoena
1.2.2. During Trial
1.2.2.1. When the case is ready for trial
1.2.2.2. Trials and hearings; orders in chambers
1.2.2.3. Stenographic notes and transcription
a. Duties of stenographer
b. Submission of monthly certification
c. Transfer, retirement, separation or death of stenographer
d. Transcript for indigent or low-income litigants
1.2.2.4. Trial by commissioner
a. Reference by consent
b. Reference on motion
c. Order of reference; powers of commissioner
d. Report of commissioner STaHIC
e. Notice to parties of the filing of the report
f. Hearing upon report
g. Compensation of commissioner
1.2.2.5. Judge to receive evidence; delegation to the Clerk of Court
1.2.2.6. Guidelines and procedures
1.2.3. After Trial
1.2.3.1. When case is submitted for decision
1.2.3.2. Judgment
a. Rendition of judgment and final orders
b. Copies of judgment
c. Entry of judgments and final orders
d. Judgment and entries book
e. Entering judgments, purely ministerial
f. Finality
g. Recording judgments in expropriation proceedings and its effects
h. Registration in judicial foreclosure of mortgage
1.2.3.3. Service of judgments and/or decisions
a. General rule
b. In guardianship proceedings
c. In cases of adoption and custody of minors aIETCA
d. In proceedings for rescission and revocation of adoption
e. In proceedings for change of name
f. In actions affecting children under the Family Code
g. In proceedings for cancellation or correction of entries in the civil registry
h. In proceedings affecting marriage
1.2.3.4. Costs
a. Costs ordinarily follow results of suit
b. Costs, how taxed
c. Judgment for costs in quo warranto
d. Costs and expenses to be taxed and collected on partition
e. Record of writ, fees and costs in habeas corpus
1.2.3.5. Appeal
a. Appeal from the Municipal Trial Courts to the Regional Trial Courts
a.1. Procedure in the Regional Trial Court
a.2. Appeal from orders dismissing case without trial; lack of jurisdiction
b. Appeal from the Regional Trial Courts ACTISD
b.1. Modes of Appeal
(1) Ordinary appeal
(2) Petition for review
(3) Appeal by certiorari
b.2. Period of ordinary appeal
b.3. Appellate court docket and other lawful fees
b.4. Notice of appeal
b.5. Perfection of appeal; effect thereof
b.6. Duty of Clerk of Court of the lower court upon perfection of appeal
b.7. Transcript
b.8. Transmittal
b.9. Dismissal of appeal
c. Petition for review from the Regional Trial Courts to the Court of Appeals
c.1. How appeal taken; time for filing
c.2. Elevation of record
c.3. Perfection of appeal; effect thereof
1.2.3.6. Guidelines in the archiving of civil cases EcICSA
1.3. Single Sala Court and Branch of a Multiple Sala Court in Criminal Cases
1.3.1. Before Trial
1.3.1.1. Designation of Clerks of Court of Regional Trial Courts as Ex-Officio Clerks of Court of the Sandiganbayan
1.3.1.2. Institution of criminal actions
1.3.1.3. Prosecution of action
a. Institution of criminal and civil actions
b. When separate civil action is suspended
c. When civil action may proceed independently
d. Effect of death on civil actions
e. Judgment in civil action not a bar
f. Suspension by reason of prejudicial question
1.3.1.4. Arrest
a. When warrant of arrest may issue
b. When warrant of arrest not necessary
c. Execution of warrant
d. Furnishing the Criminal Investigation Service Command, National Capital Judicial Region, copies of warrants of arrest ASTcaE
e. Guidelines in issuing warrants of arrest
1.3.1.5. Admission and processing of bail
a. Bail defined
b. Classification of bail
b.1. Bail bond
(1) Corporate surety bond
(2) Property bond, how posted
(3) Deposit of cash as bail
b.2. Recognizance
c. Condition of the bail; requirements
d. Specific requisites
d.1. For surety bond
(1) Photographs of accused
(2) Affidavit of justification
(3) Clearance from the Supreme Court
(4) Certificate of compliance with the circular from the Office of the Insurance Commissioner
(5) Authority of agent
(6) Current certificate of authority
(7) Procedure IaHDcT
d.2. For property bond
(1) Proper scrutiny
(2) Qualifications of sureties in property bond
(3) Guidelines
d.3. For cash bond
d.4. For recognizance
e. Bail, when not required; reduced bail or recognizance
f. Bail, where filed
g. Notice of application to prosecutor
h. Release on bail
i. Increase or reduction of bail
j. Forfeiture of bail
k. Cancellation of bail
l. Notification to bondsmen
m. Arrest of accused out on bail
n. No bail after final judgment; exception
o. Court supervision of detainees
p. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation
q. Forfeited bonds; delinquent companies DCcSHE
r. Cancellation of bail bond of accused convicted of capital offense in the Regional Trial Court
1.3.1.6. Search and seizure
a. Search warrant defined
b. Court where application for search warrant shall be filed
c. Requisites for issuing search warrant
d. Examination of complainant; record
e. Issuance and form of search warrant
f. Time of making search
g. Validity of search warrant
h. Delivery of property and inventory thereof to court, return and proceedings thereon
i. Search warrants log book
j. Guidelines and procedures
j.1. Guidelines and procedures in the issuance of search warrants
j.2. Amended guidelines and procedures on applications for search warrants for illegal possession of firearms and other serious crimes filed in Metro Manila courts and other courts with multiple salas
j.3. Officers authorized to act on application for search warrants in special cases
1.3.1.7. Arraignment and plea CDTSEI
a. Arraignment and plea; how made
b. Plea of guilty to a lesser offense
c. Plea of guilty to a capital offense;
d. Plea of guilty to non-capital offense; reception of evidence
e. Withdrawal of improvident plea of guilty
f. Duty of Court to inform accused of his right to counsel
g. Appointment of counsel de oficio
h. Time for counsel de oficio to prepare for arraignment
i. Compensation of counsel de oficio
j. Claims for payment of counsel de oficio — requirements
1.3.1.8. Pre-trial
a. Pre-trial; mandatory in criminal cases
b. Pre-trial agreement
c. Non-appearance at pre-trial conference
d. Pre-trial order
1.3.2. During Trial
1.3.2.1. Time to prepare for trial
1.3.2.2. Continuous trial until terminated; postponements IEDHAT
1.3.2.3. Exclusions
1.3.2.4. Factors for granting continuance
1.3.2.5. Time limit following an order for new trial
1.3.2.6. Extended time limit
1.3.2.7. Sanctions
1.3.2.8. Remedy where accused is not brought to trial within the time limit
1.3.2.9. Order of trial
1.3.2.10. Application for examination of witness for accused before trial
1.3.2.11. Examination of defense witness; how made
1.3.2.12. Bail to secure appearance of material witness
1.3.2.13. Examination of witness for the prosecution
1.3.2.14. Trial of several accused
1.3.2.15. Discharge of accused to be state witness
1.3.2.16. Discharge of accused operates as acquittal
1.3.2.17. Who must prosecute criminal actions
1.3.2.18. Exclusion of the public
1.3.2.19. Consolidation of trials of related offenses
1.3.2.20. Demurrer to evidence
1.3.2.21. Re-opening
1.3.2.22. Court processes to witnesses ECTHIA
a. Medico-legal officers/doctors
b. Prisoners
c. Police witnesses
d. Records on firearms and explosives
1.3.2.23. Guidelines in the issuance of notices and subpoena to witnesses
1.3.2.24. Speedy disposition of criminal cases with detention prisoners and with witness protection, security and benefit witnesses
1.3.2.25. Speedy disposition of cases involving children
1.3.2.26. Expeditious disposition of cases involving tourists
1.3.3. After Trial
1.3.3.1. When case is submitted for decision
1.3.3.2. Judgment
a. Judgment; definition and form
b. Contents of the judgment
c. Judgment for two or more offenses
d. Judgment in case of variance between the allegation and proof
e. When an offense includes or is included in another
f. Promulgation of judgment
g. Modification of judgment ISaTCD
h. Entry of judgment
1.3.3.3. Probation
1.3.3.4. Mittimus or order of commitment
a. Concept of mittimus
b. Instructions for issuance of mittimus
c. Order of release of prisoners
d. Transfer of national prisoners
1.3.3.5. New trial or reconsideration
a. Grounds for new trial
b. Grounds for reconsideration
c. Hearing on motion
d. Effects of granting a new trial or reconsideration
1.3.3.6. Appeal
a. Who may appeal
b. Where to appeal
c. How appeal taken
d. When appeal to be taken
e. Transcribing and filing notes of stenographic reporter upon appeal
f. Transmission of papers to appellate court upon appeal cSTCDA
g. Appeal to the Regional Trial Courts
h. Transmission of records in case of death penalty
i. Effect of appeal by any of several accused
j. Withdrawal of appeal
k. Appointment of counsel de oficio for accused on appeal
1.3.3.7. Guidelines in the archiving of criminal cases
1.4. Juveniles in Conflict with the Law
1.4.1. Before Trial
1.4.1.1. Procedure in taking a juvenile into custody
1.4.1.2. Taking custody of a juvenile without a warrant
1.4.1.3. Intake report by the social welfare officer
1.4.1.4. Filing of criminal action
1.4.1.5. Prosecution of civil action
1.4.1.6. Venue
1.4.1.7. When bail a matter of right
1.4.1.8. When bail not a matter of right
1.4.1.9. Case study report
1.4.1.10. Diversion proceedings before arraignment HcISTE
1.4.1.11. Diversion committee
1.4.1.12. Diversion programs
1.4.1.13. Hearing of Diversion Program
1.4.1.14. Undertaking
1.4.1.15. Closure order
1.4.1.16. Arraignment and plea
1.4.1.17. Pre-trial
1.4.2. During Trial
1.4.2.1. Trial
1.4.2.2. Duty of the Family Court to protect the rights of the juvenile
1.4.2.3. Care of juveniles in conflict with the law
1.4.2.4. Prohibition against labeling
1.4.3. After Trial
1.4.3.1. Guiding principles in judging the juvenile
1.4.3.2. Exemption from criminal liability
1.4.3.3. Promulgation of sentence
1.4.3.4. Automatic suspension of sentence and disposition orders
1.4.3.5. Discharge of juvenile subject of disposition measure
1.4.3.6. Probation as an alternative to imprisonment
1.4.3.7. Credit in service of sentence HCaDIS
1.4.3.8. Confidentiality of proceedings and records
1.4.3.9. Sealing of records
1.5. Examination of a Child Witness
1.5.1. Applicability of the Rule on Examination of a Child Witness
1.5.2. Guardian ad litem
1.5.3. Competency
1.5.3.1. Proof of necessity
1.5.3.2. Burden of proof
1.5.3.3. Persons allowed on competency examination
1.5.3.4. Conduct of examination
1.5.3.5. Developmentally appropriate questions
1.5.3.6. Continuing duty to assess competence
1.5.4. Oath or affirmation
1.5.5. Examination of a child witness
1.5.6. Interpreter for the child
1.5.7. Facilitator to pose questions to child
1.5.8. Support persons
1.5.9. Waiting area for child witness
1.5.10. Courtroom environment
1.5.11. Testimony during appropriate hours
1.5.12. Recess during testimony aTADCE
1.5.13. Testimonial aids
1.5.14. Emotional security item
1.5.15. Approaching the witness
1.5.16. Mode of questioning
1.5.17. Leading questions
1.5.18. Objections to questions
1.5.19. Corroboration
1.5.20. Excluding the public
1.5.21. Persons prohibited from entering and leaving courtroom
1.5.22. Live-link television testimony in criminal cases where the child is a victim or a witness
1.5.23. Screens, one way mirrors, and other devices to shield child from accused
1.5.24. Video-taped deposition
1.5.25. Protection of privacy and safety
1.5.26. Applicability of ordinary rules
2. Non-Adjudicative Functions
2.1. Office of the Clerk of Court and Single Sala Court
2.1.1. As Personnel Officer
2.1.1.1. Exercises general supervision over all court personnel
2.1.1.2. Certifies daily time records of all court personnel
2.1.1.3. Acts on application for leave CHIEDS
2.1.1.4. Evaluates performance ratings
2.1.1.5. Initiates investigations
2.1.1.6. Enforces regulations
2.1.1.7. Recommends applicants to vacancies in his/her office
2.1.2. As Cashier and Disbursement Officer
2.1.2.1. Duties
2.1.2.2. Procedural Guidelines
a. Judiciary Development Fund
b. General Fund
c. Court Fiduciary Funds
d. Victim Compensation Fee
e. Legal Research Fee
f. Sheriff's Trust Fund
2.1.2.3. Accounting of Funds
a. Cashbook
b. Official Receipts
2.1.2.4. Sanctions
2.1.3. As Supply Officer and Property Custodian
2.1.4. Other Non-Adjudicative Duties
2.1.4.1. Re: Notaries Public
2.1.4.2. Re: Documents DIAcTE
2.1.4.3. Re: Certifications or Clearances
2.1.5. Reports and Reporting to the Supreme Court
2.1.5.1. Financial reports
2.1.5.2. Quarterly report of sheriff's foreclosure sales
2.1.5.3. Minutes of raffle in multiple sala courts
2.1.5.4. Statement of assets and liabilities
2.1.5.5. Performance ratings of personnel
2.1.5.6. Report on the condition of the Hall of Justice facilities and premises
2.1.5.7. Inventory of properties
2.1.6. Guidelines in the Accreditation of Newspapers and Periodicals Seeking to Publish Judicial and Legal Notices and Other Similar Announcements and in the Raffle thereof
2.1.6.1. Scope of application
2.1.6.2. Requirement of accreditation
2.1.6.3. Application for accreditation
2.1.6.4. Application fees
2.1.6.5. Non-compliance with requirements
2.1.6.6. Evaluation and approval of applications
2.1.6.7. Absence of qualified newspapers or periodicals
2.1.6.8. Period of validity of accreditation aCHDAE
2.1.6.9. Posting of names of accredited newspaper or publication
2.1.6.10. Requirement of raffle
2.1.6.11. Directive to the Branch Clerk of Court
2.1.6.12. When raffle not necessary
2.1.6.13. Rates of publication charges
2.1.6.14. Determination of rates of publication charges
2.1.6.15. Samples of font sizes and column width
2.1.6.16. When accreditation may be suspended or revoked
2.1.6.17. Appeal to the Office of the Court Administrator
2.2. Branch Clerk of Court (including Single Sala Courts)
2.2.1. As Personnel Officer
2.2.2. As Supply Officer and Property Custodian
2.2.3. As Custodian of Exhibits
2.2.4. Reports and Reporting
2.2.4.1. Reports to the Supreme Court
a. Monthly report of cases
b. Semestral inventory of cases
c. Lists of cases filed/raffled, disposed, archived, transferred/ re-raffled and with suspended proceedings EAIaHD
d. Inventory of criminal cases and status report of cases involving detention prisoners
e. Performance rating of personnel
f. Statement of assets and liabilities
g. Inventory of properties
2.2.4.2. Other Reports
a. To Bureau of Fisheries and Aquatic Resources
b. To Bureau of Immigration/ Department of Foreign Affairs
c. To Bureau of Corrections
d. To Department of Trade and Industry
e. To National Bureau of Investigation
f. To Department of Agrarian Reform
g. To Dangerous Drugs Board
h. To Philippine Overseas Employment Administration
i. To Parole and Probation Officers
j. To Department of Social Welfare and Development
k. To the Election Officer
2.2.5. Posting of Cases Submitted for Decision DHIcET
F. Special Functions of Clerk of Court as Ex Officio Sheriff
1. Origin of Office
2. Nature of Office
3. Qualification Standards
4. Functions and Duties of Sheriff
4.1. Summons
4.1.1. By whom served
4.1.2. Return
4.1.3. Issuance of alias summons
4.1.4. Service in person upon defendant
4.1.5. Substituted service
4.1.6. Service upon entity without juridical personality
4.1.7. Service upon prisoners
4.1.8. Service upon minors and incompetents
4.1.9. Service upon domestic private juridical entity
4.1.10. Service upon foreign private juridical entity
4.1.11. Service upon public corporations
4.1.12. Service upon defendant whose identity or whereabouts are unknown
4.1.13. Extraterritorial service
4.1.14. Residents temporarily out of the Philippines
4.1.15. Proof of service DaECST
4.2. Subpoena
4.2.1. Service
4.3. Execution of Judgment or Final Order
4.3.1. Issuance, form and contents of a writ of execution
4.3.2. Properties exempt from execution
4.3.3. Execution of judgments for money
4.3.3.1. Immediate payment on demand
4.3.3.2. Satisfaction by levy
4.3.3.3. Garnishment of debts and credits
4.3.4. Execution of judgments for specific act
4.3.4.1. Conveyance, delivery of deeds or other specific acts; vesting title
4.3.4.2. Sale of real or personal property
4.3.4.3. Delivery or restitution of real property
4.3.4.4. Removal of improvements on property subject of execution
4.3.4.5. Delivery of personal property
4.3.5. Execution of special judgments
4.3.6. Return of writ of execution
4.3.7. Notice of sale of property on execution
4.3.8. Proceedings where property claimed by third person
4.3.9. Penalty for selling without notice, or removing or defacing notice EDSHcT
4.3.10. No sale if judgment and costs paid
4.3.11. How property sold on execution, who may direct manner and order of sale
4.3.12. Refusal of purchaser to pay
4.3.13. Judgment obligee as purchaser
4.3.14. Adjournment of sale
4.3.15. Conveyance to purchaser of personal property capable of manual delivery
4.3.16. Conveyance to purchaser of personal property not capable of manual delivery
4.3.17. Conveyance of real property, certificate thereof given to purchaser and filed with the registry of deeds
4.3.18. Certificate of sale where property claimed by third person
4.3.19. Who may redeem real property sold
4.3.20. Time and manner of, and amounts payable on, successive redemptions; notice to be given and filed
4.3.21. Effect of redemption by judgment obligor, and a certificate of sale to be delivered and recorded thereupon; to whom payments on redemption made
4.3.22. Proof required of redemptioner
4.3.23. Deed and possession to be given at expiration of redemption period; by whom executed or given
4.3.24. Obligor may pay execution against obligee
4.3.25. Sale of ascertainable interest of judgment obligor in real estate CaAcSE
4.3.26. Proceedings when indebtedness denied or another person claims the property
4.3.27. Entry of satisfaction of judgment by Clerk of Court
4.3.28. Entry of satisfaction with or without admission
5. Writ of Attachment
5.1. Issuance and contents of order
5.2. Manner of attaching property
5.3. Sheriff's return
5.4. Attachment of real and personal property;
5.5. Effect of attachment of debts, credits and all other similar personal property
5.6. Effect of attachment of interest in property belonging to the estate of a decedent
5.7. Examination of party whose property is attached and the persons indebted to him or controlling his property; delivery of property to sheriff
5.8. When attached property may be sold after levy on attachment and before entry of judgment
5.9. Discharge of attachment upon giving counter-bond
5.10. Discharge of attachment on other grounds
5.11. Proceedings where property claimed by third person
5.12. Satisfaction of judgment out of property attached; return of sheriff
5.13. Balance due collected upon an execution; excess delivered to judgment obligor DEHaTC
5.14. Disposition of money deposited
5.15. Disposition of attached property where judgment is for party against whom attachment was issued
6. Replevin
6.1. Duty of the sheriff
6.2. Return of property
6.3. Disposition of property by sheriff
6.4. Proceedings where property claimed by third person
6.5. Return of papers
7. Certiorari, Prohibition and Mandamus
7.1. Order to comment
7.2. Service and enforcement of order or judgment
8. Expropriation
8.1. Ascertainment of compensation
9. Judicial Foreclosure of Real Estate Mortgage
9.1. Judgment on foreclosure for payment or sale
9.2. Sale of mortgaged property; effect
9.3. Disposition of proceeds of sale
9.4. How sale to proceed in case the debt is not all due
9.5. Deficiency judgment
9.6. Registration
10. Extra-Judicial Foreclosure of Mortgage CTHaSD
10.1. Under Act 3135, as amended
10.2. Under the Chattel Mortgage Law
10.3. Procedure in Extra-Judicial Foreclosure of Mortgage
11. Foreclosure of Mortgage by Rural Banks
12. Foreclosure of Mortgage by Thrift Banks
13. Mandatory Foreclosure by Government Financial Institutions
14. Redemption Under General Banking Act
15. Special Sheriff for DBP
16. Search and Seizure in Civil Actions for Infringement of Intellectual Property Rights
16.1. The writ of search and seizure
16.2. Where application filed
16.3. Examination of applicant; record; confidentiality of proceedings
16.4. When writ may issue
16.5. Contents of the writ
16.6. When writ shall be served
16.7. To whom writ shall be served
16.8. Search to be conducted in the presence of defendant, his representative, person in charge of the premises or witnesses
16.9. Manner of search and seizure; duties of the sheriff
16.10. Use of reasonable force to effect writ cACDaH
16.11. Seizure of computer disks or other storage devices
16.12. Sheriff's return
16.13. Proceedings on return
16.14. Direct filing, provisional docketing and deposit of prescribed filing fee
16.15. Separate logbook
17. Guidelines and Procedures in the Service and Execution of Court Writs and Processes
G. Duties in Ordinary and Cadastral Land Registration Cases
1. LRA Manual of Instructions
2. Delegated Jurisdiction
H. Flow Charts
1. Ordinary Civil Actions (Single Sala)
2. Ordinary Civil Actions (Multiple Sala)
3. Special Civil Actions, Special Proceedings, Land
4. Special Civil Actions, Special Proceedings, Land
5. Appealed Cases (Multiple Sala)
6. Criminal Cases (Single Sala)
7. Criminal Cases (Multiple Sala)
8. Issuance of Search and Seizure in Civil Actions
9. Comparative Illustration of Sheriff's Foreclosure/ aIcSED
10. Judiciary Collections
I. Forms
1. Ordinary Civil Actions
1.1. Summons
1.2. Notice of Pre-Trial Conference
1.3. Pre-Trial Order
1.4. Notice of Hearing
1.5. Minutes of the Session
1.6. Notice of Order/Decision
1.7. Notice of Appealed Cases
1.8. Entry of Final Judgment
1.9. Writ of Replevin
1.10. Writ of Attachment
1.11. Writ of Execution (for Money Judgment)
1.12. Writ of Execution (for Special Judgment)
1.13. Writ of Demolition
2. Special Proceedings
2.1. Letters of Administration
2.2. Letters of Special Administration
2.3. Oath of Administrator/Special Administrator
2.4. Letters of Legal Guardianship
2.5. Oath of Guardian TAaEIc
2.6. Notice to Creditors
3. Criminal Cases
3.1. Order of Arrest
3.2. Bail bond
3.3. Information Sheet for the Accused
3.4. Recall of Order of Arrest
3.5. Notice of Arraignment
3.6. Notice of Arraignment and Pre-Trial
3.7. Certificate of Arraignment
3.8. Pre-Trial Order
3.9. Minutes of the Session
3.10. Subpoena Ad testificandum
3.11. Subpoena Duces Tecum
3.12. Writ of Execution for Confiscated Bonds
3.13. Order of Discharge from Custody
3.14. Order of Commitment (Mittimus)
3.15. Order to Archive
3.16. Notice to Complainant of
4. Sheriff's Forms
4.1. Return of Summons (personal service)
4.2. Return of Summons (substituted service) EIAScH
4.3. Return of Summons (personal and substituted service)
4.4. Return of Summons (unserved)
4.5. Return of Subpoena
4.6. Return of Writ of Execution
4.7. Return of Levy on Execution
4.8. Notice of Extra-judicial Sale
4.9. Notice to Parties of Sheriff's Public Auction Sale
4.10. Notice of Sale of Execution of Real Property
4.11. Notice of Sale of Execution of Personal Property
4.12. Notice of Filing of Indemnity Bond
4.13. Notice of Filing of Third-Party Claim
4.14. Certificate of Sale
4.15. Notice of Garnishment
4.16. Return on Garnishment
4.17. Follow-up on Garnishment
4.18. Return of Order of Attachment
4.19. Order of Delivery of Money
4.20. Notice of Attachment/Levy upon Personalty
4.21. Notice of Attachment/Levy upon Realty
4.22. Notice of Lifting or Discharge of Levy/ Attachment upon Realty/Motor Vehicle/Vessel
4.23. Notice of Lifting of Levy/Attachment thru Notice of Garnishment
4.24. Return on Replevin ECcTaS
4.25. Sheriff's Itemized Estimated Amount of Expenses
4.26. Sheriff's Disbursement Voucher
5. Financial Matters
5.1. Legal Fees Form
5.2. Statement of Unwithdrawn Fiduciary Fund
5.3. Inventory of Official Receipts
5.4. Summary of Interest Earned on Fiduciary Fund
5.5. List of Checks Issued Representing Withdrawals
5.6. Report of Collections and Deposits
5.7. Report of Collections/Deposits/Withdrawals
5.8. Report of Collections and Deposits for
5.9. Monthly Report of Collections and Remittances
5.10. Monthly Report of Collections and
6. Miscellaneous
6.1. Revised Monthly Report of Cases
6.2. Docket Inventory of Cases
6.3. Notarial Register
6.4. Appointment/Commission of a Notary Public
6.5. Oath of Office of a Notary Public
6.6. Certification of Commission of Notary Public HCEaDI
6.7. Monthly Inventory Report
Chapter VII
A. Organizational Charts
1. Metropolitan Trial Court
1.1. Single Sala Court
1.2. Branch of a Multiple Sala Court
1.3. Office of the Clerk of Court
1.3.1. 2-3 salas
1.3.2. 4-6 salas
1.3.3. 7-10 salas
1.3.4. 11-15 salas
1.3.5. 16-21 salas
1.3.6. 22-30 salas
2. Municipal Trial Court in Cities
2.1. Single Sala Court
2.2. Branch of a Multiple Sala Court
2.3. Office of the Clerk of Court
2.3.1. 2-3 salas
2.3.2. 4-6 salas
2.3.3. 7-10 salas CIAacS
3. Municipal Trial Court
3.1. Single Sala Court
3.2. Branch of a Multiple Sala Court
3.3. Office of the Clerk of Court
3.3.1. 2-3 salas
3.3.2. 4-6 salas
4. Municipal Circuit Trial Court
4.1. Single Sala Court
B. Jurisdiction
1. Original Jurisdiction
1.1. Civil Cases
1.2. Criminal Cases
1.3. Election Cases
2. Delegated Jurisdiction
3. Preliminary Investigation
4. Special Jurisdiction
C. Qualifications of Personnel
1. Qualification Standards
1.1. Clerk of Court VI
1.2. Clerk of Court V
1.3. Clerk of Court IV
1.4. Clerk of Court III
1.5. Clerk of Court II aAHTDS
1.6. Records Officer III
1.7. Administrative Officer III
1.8. Cashier III
1.9. Clerk of Court I
1.10. Records Officer II
1.11. Records Officer I
1.12. Court Legal Researcher I
1.13. Administrative Officer II
1.14. Administrative Officer I
1.15. Cashier II
1.16. Cashier I
1.17. Sheriff III
1.18. Interpreter II
1.19. Interpreter I
1.20. Court Stenographer II
1.21. Court Stenographer I
1.22. Clerk IV
1.23. Clerk III
1.24. Clerk II
1.25. Cash Clerk III
1.26. Cash Clerk II
1.27. Process Server cCHETI
1.28. Junior Process Server
1.29. Utility Worker I
2. Stations
3. Supervision over Clerks of Court
D. General Functions and Duties of Clerks of Court
1. Clerks of Court
1.1. Office of the Clerk of Court
1.1.1. Clerk of Court
1.1.1.1. Adjudicative Support Functions
1.1.1.2. Non-Adjudicative Functions
1.1.2. Assistant Clerk of Court
1.1.2.1. Adjudicative Support Functions
1.1.2.2. Non-Adjudicative Functions
1.2. Clerk of Court in Single Sala Court
1.3. Branch Clerk of Court
1.3.1. Adjudicative Support Functions
1.3.2. Non-Adjudicative Functions
2. Other Court Personnel
2.1. Office of the Clerk of Court of a Multiple Sala Court
2.1.1. Administrative Officer III
2.1.2. Administrative Officer I/II
2.1.3. Interpreter II
2.1.4. Court Stenographer II CDAHIT
2.1.5. Sheriff III
2.1.6. Records Officer I/II/III
2.1.7. Cashier I/II/III
2.1.8. Cash Clerk III
2.1.9. Cash Clerk II
2.1.10. Clerk IV
2.1.11. Process Server
2.1.12. Clerk III
2.1.13. Utility Worker I
2.2. Single Sala or Branch of a Multiple Sala Court
2.2.1. Legal Researcher
2.2.2. Court Stenographer
2.2.3. Court Interpreter
2.2.4. Sheriff
2.2.5. Clerk
2.2.6. Process Server
2.2.7. Utility Worker
3. General Functions of the Office of the Clerk of Court in a
3.1. Office of the Clerk of Court Proper
3.1.1. Adjudicative Support Division
3.1.1.1. Criminal Cases Section HaTSDA
3.1.1.2. Civil Cases Section
3.1.2. Administrative Division
3.2. Clerk of Court as Ex-officio Sheriff
E. Specific Functions and Duties
1. Adjudicative Support Functions and Duties
1.1. Office of the Clerk of Court (Single Sala and Multiple Sala)
1.1.1. Filing with the Court
1.1.2. Receiving and Docketing
1.1.3. Assignment of Cases
1.1.4. Pairing System
1.1.5. Procedural Guidelines in the collection of filing
1.2. Single Sala and Branch of a Multiple Sala in Civil Cases
1.2.1. Summary Procedure
1.2.1.1. Scope of Applicability
1.2.1.2. Pleadings
1.2.1.3. Duty of the court
1.2.1.4. Answer
1.2.1.5. Effect of failure to answer
1.2.1.6. Preliminary conference; appearance of parties
1.2.1.7. Record of preliminary conference
1.2.1.8. Submission of affidavits and position papers DcCEHI
1.2.1.9. Rendition of judgment
1.2.2. Regular Procedure
1.2.3. Appeals
1.2.3.1. Where to appeal
1.2.3.2. When to appeal
1.2.3.3. How to appeal
1.2.3.4. Appellate court docket and other lawful fees
1.2.3.5. Duty of the Clerk of Court
1.3. Single Sala and Branch of a Multiple Sala Court —
1.3.1. Summary Procedure
1.3.1.1. Scope of applicability
1.3.1.2. How commenced
1.3.1.3. Duty of the court
a. If commenced by complaint
b. If commenced by information
1.3.1.4. Arraignment and trial
1.3.1.5. Preliminary conference
1.3.1.6. Procedure of trial
1.3.1.7. Arrest of the accused
1.3.1.8. Judgment TASCEc
1.3.2. Procedure in the Conduct of Preliminary Investigation
1.3.2.1. Procedure in cases where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to fine
1.3.2.2. Resolution of investigating judge and its review
1.3.2.3. When warrant of arrest may issue
1.3.2.4. Records
1.3.2.5. Cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure
1.3.3. Regular Procedure
1.3.3.1. Violation of Batas Blg. 22
1.4. Summary Procedure — Common Provisions
1.4.1. Referral to Lupon
1.4.2. Prohibited pleadings and motions
1.4.3. Affidavits
1.4.4. Appeal
1.5. Juveniles in Conflict with the law
1.5.1. Preliminary investigation
1.5.2. Recognizance
2. Non-Adjudicative Functions and Duties
F. Special Functions of Clerk of Court as Ex-officio Sheriff HAICET
G. Flow Charts
1. Revised Rule on Summary Procedure
1.1. Civil Cases — Single Sala
1.2. Civil Cases — Multiple Sala
1.3. Criminal Cases — Single Sala
1.4. Criminal Cases — Multiple Sala
2. Regular Procedure
3. Procedure on Preliminary Investigation
H. Forms
1. Summons (Summary Procedure)
2. Writ of Execution (for Ejectment)
3. Subpoena (for Preliminary Investigation)
4. Form Letter (Violation of Batas Blg. 129)
Chapter VIII
Shari'a District Courts
A. Organizational Chart
B. Stations
C. Jurisdiction
1. Original Jurisdiction
1.1. Exclusive
1.2. Concurrent
2. Appellate Jurisdiction EHCDSI
D. Clerks of Court and Other Personnel
Shari'a Circuit Courts
A. Organizational Chart
B. Stations
C. Jurisdiction
D. Clerks of Court and Other Personnel
Special Rules of Procedure
A. General Procedure
1. Commencement of Action (Da'Wa)
2. Complaint
3. Service of Summons
4. Answer
5. Failure to Answer
6. Pre-Trial
7. Hearing or Trial
8. Judgment
9. Appeal
9.1. Appeal to the Shari'a District Court
9.2. Appeal to the Supreme Court
10. Legal Opinion (Fatwa) IHAcCS
11. Pleadings and Motions Disallowed
B. Supplemental Proceedings
1. Suppletory Rule in Civil Cases
2. Suppletory Rule in Special Offenses
C. Arbitration Proceedings
The Hierarchy of Courts in the Philippines(Relationships between and among the courts in terms of jurisdiction)
Expanded or Total Court System in the Philippines
CHAPTER I
Office of the Clerk of Court
A. The Origin of the Office
In time past, the custody of court records was entrusted to one of the judges, custos retulorum (keeper of the rolls). The word "clerk" at root denoted a member of the clergy, and the time was when the law and the gospel flowed from the same hand. However, in progress of time, clerks and judges became sharply differentiated. The manifest impossibility of a judge's having charge of and writing the records and issuing writs became apparent, and the office of the Clerk of Court was created. 1
In some jurisdictions, the term prothonotary is applied to the Clerk of Court. The derivation of the term clerk is in a measure significant of the origin of the office. The word is derived from the Latin clericus (clergyman), and its application to a particular officer of a court has its origin in the historical fact that in the early days of England, both before and after the Norman Conquest, the subordinate officers of courts of justice, as well as the judges, were chosen from among the clergy, to which class well-nigh all forms of learning were confined. CDAHaE
In England, the clerk of the peace, a county officer appointed by the custos retulorum (keeper of the rolls) of the county, was clerk of court of general sessions of the peace while the clerks of the courts known as country courts, which were presided over by the sheriffs, were appointed by the sheriffs and were sometimes known as county clerks. In the colonies, the establishment of courts of justice with the appointment of judges and subordinate officers was a prerogative of the crown. These courts of common pleas were known as county courts, and the clerks thereof acquired the name of county clerks; they were also clerks of the general sessions of the peace and registers of deeds in their respective counties. 2
In the Philippines, upon the establishment of the first civil government in the early years of the American Regime, among the initial measures of the Philippine Commission was the enactment on June 11, 1901 of Act No. 136 which abolished the existing Audiencia or Supreme Court, 3 and Courts of First Instance, 4 and set up a new judicial system modeled after that of the United States, by substituting in place thereof, the Supreme Court and Courts of First Instance established in the Act. The Philippine Commission provided for Clerks of Court and introduced the concept of sheriff as the instrumentality for the service of notices, maintenance of order in the courtroom, and the execution of court orders.
In the City of Manila, a separate office of the sheriff was created. Later, that office was merged with that of the Clerk of Court of the Court of First Instance. In the provinces, the governors were required to act as sheriffs ex-officio, with the right, however, to decline in the event the Judge of the Court of First Instance has appointed another person to act as such. 5
B. Nature of the Position
The Clerk of Court of a Court of justice is an essential officer in any judicial system. The office is the hub of activities, both adjudicative and administrative. 6 While an officer of the Court, a public officer and an "officer of the law", the position is not that of a judicial officer, nor is it synonymous with the Court. 7 The office is essentially a ministerial one.
A Judge alone cannot make the Court function as it should. In the over-all scheme of judicial business, many non-judicial concerns, intricately and inseparably interwoven with the trial and adjudication of cases, must perforce be performed by other individuals that make up the team that complements the Court. Of these individuals, the Clerk of Court eclipses the others in functions, responsibilities, importance and prestige.
The Clerk of Court has general administrative supervision over all the personnel of the Court. As regards the Court's funds and revenues, records, properties and premises, said officer is the custodian. Thus, the Clerk of Court is generally also the treasurer, accountant, guard and physical plant manager thereof. The law also requires the Clerk of Court, in most instances, to act as ex-officio Sheriff and ex-officio Notary Public. In all official matters, and in relation with other governmental agencies, the Clerk of Court is also usually the liaison officer. SDATEc
As to specific functions, the Clerk of Court attends Court sessions (either personally or through deputies), takes charge of the administrative aspects of the Court's business and chronicles its will and directions. The Clerk of Court keeps the records and seal, issues processes, enters judgments and orders, and gives, upon request, certified copies from the records.
The nature of the work and of the office mandates that the Clerk of Court be an individual of competence, honesty and integrity. In relation to the Judge, said officer occupies a position of confidence which should not be betrayed. With the prestige of the office goes the corresponding responsibility to safeguard the integrity of the Court and its proceedings, to earn respect therefor, to maintain loyalty thereto and to the Judge as the superior officer, to maintain the authenticity and correctness of Court records, and to uphold the confidence of the public in the administration of justice.
Unless something is shown that may reflect against the character of the Clerk of Court, there is no justification for presuming that said officer will be a derelict in the performance of official duties. 8 The Clerk of Court is the model for the Court employees to act speedily and with dispatch on their assigned tasks to avoid the clogging of cases in Court and thereby assist in the administration of justice without undue delay. 9
C. Stations
Unless otherwise provided by law, or ordered by the Supreme Court, the official stations of Clerks of Court and Assistant Clerks of Court shall be the places indicated in their respective appointments, while the stations of Branch Clerks of Court shall be the same as those of their respective branches. HCITDc
D. General Supervision Over Clerks of Court and Other Personnel of the Lower Courts
Clerks of Court, Assistant Clerks of Court, Branch Clerks of Court and other subordinate employees of 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 shall, for administrative purposes, be under the supervision of the Supreme Court, but in the performance of their duties, shall be subject to the direct supervision of the Executive Judges or the Presiding Judges concerned.
The work and activities of the Clerk of Court of multiple sala Courts are under the direct supervision of the Executive Judge, insofar as applicable, who shall, through the Clerk of Court, direct staff support activities to improve judiciary services. DcHaET
CHAPTER II
Supreme Court
A. Organizational Chart
B. Jurisdiction1
1. Original
1.1. Exclusive
1.1.1. Petitions for issuance of writs of certiorari, prohibition and mandamus against the following:
1.1.1.1. Court of Appeals
1.1.1.2. Commission on Elections
1.1.1.3. Commission on Audit
1.1.1.4. Sandiganbayan
1.2. Concurrent cIADaC
1.2.1 With Court of Appeals
Petitions for issuance of writs of certiorari, prohibition and mandamus against the following:
1.2.1.1. National Labor Relations Commission under Labor Code; (Sec. 9 of Batas Blg. 129 as amended by Rep. Act No. 7902; St. Martin Funeral Homes vs. NLRC, 356 Phil. 811 [1998]). Under the principle of hierarchy of courts, the petitions should first be filed with the Court of Appeals.
1.2.1.2. Civil Service Commission (Rep. Act No. 7902)
1.2.1.3. Central Board of Assessment Appeals. (Pres. Decree No. 464; Sec. 9 of Batas Blg. 129 as amended by Rep. Act No. 7902)
1.2.1.4. Court of Tax Appeals and Quasi-Judicial Agencies (Rule 43, Rules of Civil Procedure [1997]).
1.2.1.5. Regional Trial Courts and lower courts
1.2.2. With Court of Appeals and Regional Trial Courts
1.2.2.1. Petitions for habeas corpus and quo warranto
1.2.2.2. Petitions for issuance of writs of certiorari, prohibition and mandamus against the lower courts or bodies. (Sec. 9 [1] and Sec. 21 [1] of Batas Blg. 129; Vergara vs. Suelto, 156 SCRA 763 [1987])
1.2.3. With Regional Trial Courts
1.2.3.1. Actions affecting ambassadors and other public ministers and consuls (Sec. 5 [1] Article VIII, Constitution, Sec. 21 [2] of Batas Blg. 129, Schneckenburger vs. Moran, 63 Phil. 249 [1937]).
2. Appellate
2.1. By Notice of Appeal TSEAaD
From Regional Trial Courts or the Sandiganbayan in all criminal cases involving offenses for which the penalty imposed is reclusion perpetua, life imprisonment or reclusion perpetua to death, and those involving other offenses which, although not so punished, arose out of the same occurrence or which may have been committed by the accused on the same occasion. (Sec. 17 of Judiciary Act of 1948; Sec. 9 [3] of Batas Blg. 129; Sec. 5 [2-d], Article VIII, Constitution; Sec. 3 [c] of Rule 122; Sec. 5 of Rep. Act No. 8249) Exception: See People vs. Plateros, 83 SCRA 401 [1978]).
2.2. By Automatic Review
From Regional Trial Courts or the Sandiganbayan in criminal cases where the death penalty is imposed. (Rep. Acts Nos. 7659 and 8249; See Sec. 10 of Rule 122, Rev. Rules of Criminal Procedure (2000)).
2.3. Petition for Review on Certiorari
2.3.1. Appeals from the Court of Appeals (Sec. 17 of Judiciary Act of 1948 as amended by Rep. Act No. 5440; Sec. 5 [2] Article VIII, Constitution; Rule 45 of Rules of Civil Procedure [1997]).
2.3.2. Appeals from the Sandiganbayan on pure questions of law, except cases where the penalty imposed is reclusion perpetua, life imprisonment or death. (Sec. 7 of Pres. Decree No. 1606 as amended by Rep. Act No. 8249; Nunez vs. Sandiganbayan, 111 SCRA 433 [1982]; Rule 45 Id.)
2.3.3. Appeals from Regional Trial Court exercising original jurisdiction in the following cases:
2.3.3.1. If no question of fact is involved and the case involves: cHaICD
a. Constitutionality or validity of treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation;
b. Legality of tax, impost, assessments, or toll, or penalty in relation thereto; and
c. Jurisdiction of lower court.
2.3.3.2. All cases in which only errors or questions of law are involved. (Sec. 5 [2-a,b,c, and e], Article VIII, Constitution, Sec. 9 [3] of Batas Blg. 129); Rule 45 and Sec. 2 [c] of Rule 41 of the Rules of Civil Procedure (1997), Sec. 3 [d] of Rule 122, Rev. Rules of Criminal Procedure (2000).
2.4. Special Civil Action on Certiorari filed within thirty days: (Rule 64, Rules of Civil Procedure [1997])
2.4.1. Commission on Elections (Sec. 7, Article IX-A Constitution; Aratuc vs. Comelec, 88 SCRA 251 [1979])
2.4.2. Commission on Audit (Id. Constitution)
C. Procedure in the Assignment of Cases2
1. In General
The Chief Justice, after determining which are en banc cases, assigns such a case to a member of the Court. Thereafter, the rest, which are Division cases, shall be assigned to a member thereof by raffle as hereinafter provided. In the raffling of new petitions, a Chairman of a Division is assigned a case only once for every two petitions raffled.
2. En Banc Cases 3
2.1. Cases in which the constitutionality or validity of any treaty, international or executive agreement, law, executive order or presidential decree, proclamation, order, instruction, ordinance or regulation is in question; HCaIDS
2.2. Criminal cases in which the appealed decision imposes the death penalty;
2.3. Cases raising novel questions of law;
2.4. Cases affecting ambassadors, other public ministers, and consuls;
2.5. Cases involving decisions, resolutions or orders of the Civil Service Commission, Commission on Elections, and Commission on Audit;
2.6. Cases where the penalty to be imposed is the dismissal of a judge, officer or employee of the Judiciary, disbarment of a lawyer, or either the suspension of any of them for a period of more than one (1) year or a fine exceeding P10,000.00, or both;
2.7. Cases where a doctrine or principle laid down by the Court en banc or in division may be modified or reversed;
2.8. Cases assigned to a division which in the opinion of at least three (3) members thereof merit the attention of the Court en banc and are acceptable to a majority of the actual membership of the Court en banc; and
2.9. All other cases as the Court en banc, by a majority of its actual membership, may deem of sufficient importance to merit its attention.
3. Raffle Committee
3.1. A Raffle Committee is created composed of a Chairman and two Members elected by the Justices from among themselves. They serve for one (1) year or until their successors are elected. When any member is absent, the Committee may call on any Justice to act temporarily in place of the absent member.
3.2. The raffle shall be held in the en banc Conference Room at 10:00 a.m. every Tuesday and Friday, or on any other day or time as circumstances may require in the opinion of the Committee. SacTAC
3.3. The assignment of all cases shall be furnished each member of the Court, and shall be held in the strictest confidence by everyone concerned.
3.4. Petitions hereafter filed shall be assigned by raffle.
3.5. For record purposes, the Clerk of Court should act as recorder of the raffles conducted by the Raffle Committee with the corresponding record book; any member of the Court may send his representative to be present at the raffle to be conducted at the scheduled day and time; and one hour's notice to all the other Justices should be given of any special raffle to be conducted.
4. Minute Resolution
The Supreme Court is not compelled to adopt a definite and stringent rule on how its judgment shall be framed. The Supreme Court has discretion to decide whether a "minute resolution" should be used in lieu of a full-blown decision in any particular case. A minute resolution of dismissal of a petition for review on certiorari constitutes an adjudication on the merits of the controversy or subject matter of the position. 4 It is a requirement of due process that the parties to a litigation be informed of how it was decided, with an explanation of the factual and legal reasons that led to the conclusions of the court. 5
D. Qualifications of Officers
The following officials are appointed by the Court en banc without the need of publication as required by Rep. Act No. 7041:
1. EXECUTIVE OF CLERK OF COURT V (CLERK OF COURT)
2. EXECUTIVE CLERK OF COURT IV (ASST. CLERK OF COURT)
3. EXECUTIVE CLERK OF COURT IV (DIVISION CLERK OF COURT)
4. EXECUTIVE CLERK OF COURT III (ASST. DIVISION CLERK OF COURT)
| Education | - | Bachelor of Laws |
| Experience | - | Ten (10) years or more in the practice of law or has been Clerk of Court or Deputy Clerk of Court of a Regional Trial Court or its equivalent for the same period of time |
| Training | - | Thirty-two (32) hours of relevant training in management and supervision |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
5. Chiefs of Offices
5.1. Director IV (Deputy Clerk of Court and Reporter)
5.2. Director IV (Deputy Clerk of Court and Chief Attorney)
5.3. Director IV (Deputy Clerk of Court and Chief, Judicial Records Office)
5.4. Director IV (Deputy Clerk of Court and Chief Administrative Officer)
5.5. Director IV (Deputy Clerk of Court and Bar Confidant)
5.6. Director IV (Deputy Clerk of Court and Chief, Management Information Systems Office)
5.7. Director IV (Deputy Clerk of Court and Executive Officer with the rank of a Chief of Office)
| Education | - | Bachelor of Laws |
| Experience | - | Ten (10) years or more of relevant supervisory work experience acquired under career service positions in the Supreme Court, three (3) years of which were rendered under position/s requiring the qualifications of a lawyer |
| Training | - | Thirty-two (32) hours of relevant training in management and supervision |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
AEIcS
5.8. Director V (Chief, Fiscal Management and Budget Office)
| Education | - | Bachelor of Commerce major in Accounting or Bachelor of Science in Accountancy |
| Experience | - | Ten (10) years or more of progressively responsible experience in planning, directing and coordinating all phases of budget and accounting operations and activities, three (3) years of which must be in a supervising capacity |
| Training | - | Thirty-two (32) hours of relevant training in management and supervision |
| Eligibility | - | Rep. Act No. 1080 (CPA) |
6. CHIEFS OF SERVICES
6.1. Director III (SC Senior Chief Staff Officer), Medical and Dental Services
6.2. Director III (SC Senior Chief Staff Officer), Library Services
| Education | - | Bachelor's Degree relevant to the job |
| Experience | - | Five (5) years of relevant experience |
| Training | - | Thirty-two (32) hours of relevant training |
| Eligibility | - | Rep. Act No. 1080 (relevant course) |
6.3. Director III (SC Senior Chief Staff Officer), Printing Services
| Education | - | Bachelor's Degree relevant to the job |
| Experience | - | Five (5) years of relevant experience |
| Training | - | Thirty-two (32) hours of relevant training |
| Eligibility | - | Career Service Professional/Second Level Eligibility |
E. Functions and Duties of Officers
1. Executive Clerk of Court V (Clerk of Court)
1.1. Adjudicative Support Functions:
1.1.1. Records the proceedings of the Court en banc;
1.1.2. Prepares the agenda and minutes of the Court's sessions;
1.1.3. Signs notices of all Court resolutions and facilitates the service thereof to parties or their counsels; aAcDSC
1.1.4. Enters and promulgates judgments and orders;
1.1.5. Certifies copies from the records; and
1.1.6. Issues processes.
1.2. Non-Adjudicative Functions:
1.2.1. Exercises general supervision over all offices and services under the Office of the Clerk of Court;
1.2.2. Keeps the records and seal of the Court;
1.2.3. Acts as recorder of raffles of cases conducted by the Raffle Committee;
1.2.4. Prepares periodic and annual reports to keep the Court informed of the Court's performance;
1.2.5. Proposes, reviews and executes budgetary and financial transactions of the Court;
1.2.6. Coordinates the operations and activities of all offices and organizational units of the Court to ensure efficiency;
1.2.7. Studies and recommends reforms including research and studies required in aid of the Court's deliberations;
1.2.8. Acts as Secretary ex-officio of the Judicial and Bar Council and keeps records of its proceedings; and
1.2.9. Does related tasks.
2. Executive Clerk of Court IV (Assistant Clerk of Court)
2.1. Adjudicative Support Functions: DTSaIc
2.1.1. Proofreads the agenda, minutes and notices of Court resolutions; and
2.1.2. Facilitates the service of notices of Court resolutions.
2.2. Non-Adjudicative Functions:
2.2.1. Assists the Clerk of Court in the general supervision and control over all the personnel and activities of the offices, services and divisions in the Office of the Clerk of Court;
2.2.2. Prepares memoranda on matters referred by the Clerk of Court for study, report and recommendation;
2.2.3. Prepares official correspondence, indorsements, replies and other communications;
2.2.4. Takes final action on routine matters that may be delegated by the Clerk of Court;
2.2.5. Assists in the formulation of policies, methods and techniques for more effective operations;
2.2.6. Assists in the preparation of periodic and annual reports to keep the Court informed of the Court's performance;
2.2.7. Assists in the coordination of the operations and activities of all offices and organizational units of the Court to ensure efficiency;
2.2.8. Assists in the study and recommendation of reforms including research and studies required in aid of the court's deliberations;
2.2.9. Represents the immediate head in meetings and conferences; and
2.2.10. Does related tasks. DHCSTa
3. Executive Clerk of Court IV (Division Clerk of Court)
3.1. Adjudicative Support Functions:
3.1.1. Prepares the agenda and minutes of the sessions of the Division and records its proceedings;
3.1.2. Supervises the preparation and service of notices of resolutions, summonses, writs, orders and other processes to parties or their counsels;
3.1.3. Keeps the records of the Court's Division;
3.1.4. Certifies copies from the records;
3.1.5. Proofreads the agenda, minutes, notices of Court resolutions to check on errors; and
3.1.6. Signs notices of Court resolutions.
3.2. Non-Adjudicative Functions:
3.2.1. Prepares periodic and annual reports to keep the Court informed of the performance of the Court's Division;
3.2.2. Studies and recommends reforms to improve administrative support, including research and studies required in aid of the Division's deliberations;
3.2.3. Exercises general supervision and control over all the divisions in the Office of the Division Clerk of Court;
3.2.4. Assists in the formulation of policies, methods and techniques for more effective operations;
3.2.5. Prepares official correspondence, indorsements, replies and other communications;
3.2.6. Prepares statistics on pending cases of the Court's Division;
3.2.7. Rates the performance of the Chiefs of Divisions within the Division; and SEIaHT
3.2.8. Performs other tasks specifically assigned by the Chief Justice or the Court.
4. Executive Clerk of Court III (Assistant Division Clerk of Court)
4.1. Adjudicative Support Functions:
4.1.1. Proofreads the agenda, minutes and notices of Court resolutions; and
4.1.2. Facilitates the service of notices of Court resolutions.
4.2. Non-Adjudicative Functions:
4.2.1. Assists in the formulation of policies, methods and techniques for more effective operations;
4.2.2. Takes final action on routine matters that may be delegated by the Division Clerk of Court;
4.2.3. Assists in the preparation of periodic and annual reports;
4.2.4. Prepares memoranda on matters referred by the Division Clerk of Court for study, report and recommendation; and
4.2.5. Prepares official correspondence, indorsements, replies and other communications.
5. Chiefs of Offices
5.1. Director IV (Deputy Clerk of Court and Reporter)
5.1.1. Adjudicative Support Function:
5.1.1.1. Prepares synopses, syllabi, and topical indices for the Philippine Reports, Monthly Decisions and Monthly Digests;
5.1.2. Non-Adjudicative Functions:
5.1.2.1. Exercises general supervision and control over all the personnel and activities of the divisions; IcDESA
5.1.2.2. Formulates and implements policies, procedures, guidelines and techniques for more effective operation of the office;
5.1.2.3. Coordinates the activities of the different offices in connection with the preparation of syllabi, indices and publications in the Philippine Reports and Official Gazette;
5.1.2.4. Coordinates the editing and execution of publication processes and in the management of circulation or distribution of publications;
5.1.2.5. Coordinates with the Government Printing Office for publication of decisions in the Official Gazette;
5.1.2.6. Edits and executes other publication processes;
5.1.2.7. Manages circulation or distribution of publications;
5.1.2.8. Renders information service;
5.1.2.9. Submits recommendatory action on matters affecting the personnel;
5.1.2.10. Reviews and signs correspondence;
5.1.2.11. Reviews, approves and submits periodic reports;
5.1.2.12. Participates in various Court committees;
5.1.2.13. Rates the performance of the assistant chief of office and chiefs of divisions; and
5.1.2.14. Does related tasks that may from time to time be assigned by the Chief Justice, Associate Justices or the Clerk of Court. AHCETa
5.2. Director IV (Deputy Clerk of Court and Chief Attorney)
5.2.1. Adjudicative Support Functions:
5.2.1.1. Plans, coordinates and reviews research and case studies;
5.2.1.2. Provides the Court with retrieval system of jurisprudential information, statute data, extralegal research materials and case notes;
5.2.2. Non-Adjudicative Functions:
5.2.2.1. Exercises general supervision and control over all the personnel and the activities of the divisions within the office;
5.2.2.2. Formulates and implements policies, guidelines, procedures and techniques for more effective operation of the Office;
5.2.2.3. Submits recommendatory action on matters affecting personnel;
5.2.2.4. Reviews and signs correspondence;
5.2.2.5. Reviews, approves and submits periodic reports on matters relevant to the functions of the Office;
5.2.2.6. Participates in various Court committees;
5.2.2.7. Rates the performance of the assistant chief of office, lawyers and chiefs of divisions; and
5.2.2.8. Does related tasks as may from time to time be assigned by the Chief Justice, Associate Justices and the Clerk of Court.
5.3 Director IV (Deputy Clerk of Court and Chief, Judicial Records Office) TCaEAD
5.3.1. Adjudicative Support Functions:
5.3.1.1. Manages and superintends activities in connection with judicial processes from the filing of cases to the promulgation of decisions, entry of judgment and remand of records of cases disposed of;
5.3.1.2. Supervises and controls the receipt, processing, reporting of pleadings, entry in cards and the docket books and distribution of pleadings filed before the Court;
5.3.1.3. Superintends the custody of rollos and records of cases, including transcripts and exhibits;
5.3.1.4. Verifies and signs entry of judgment and transmittal of records to the court/agency of origin;
5.3.1.5. Oversees the preparation and keeping of data/statistics on judicial cases;
5.3.1.6. Initiates studies and recommends changes on judicial procedure and systems;
5.3.1.7. Monitors conditions and status of the Court docket for submission to the Court;
5.3.1.8. Sends notices to file appellant's brief and compliance by clerks of court and stenographers; and
5.3.1.9. Plans and evaluates work programs for the systematic management of judicial records;
5.3.2. Non-Adjudicative Functions:
5.3.2.1. Exercises general supervision and control over all the personnel and activities of the divisions; DSacAE
5.3.2.2. Formulates and implements policies, guidelines and techniques for a more effective operation of the Office;
5.3.2.3. Reviews and signs correspondence;
5.3.2.4. Submits recommendatory action on matters affecting the personnel;
5.3.2.5. Reviews and submits periodic reports (e.g. cases calendared/submitted for decision);
5.3.2.6. Participates in various Court committees;
5.3.2.7. Rates the performance of the assistant chief of office and chiefs of divisions; and
5.3.2.8. Does related tasks that may from time to time be assigned by the Chief Justice, Associate Justices or the Clerk of Court.
5.4. Director IV (Deputy Clerk of Court and Chief Administrative Officer)
5.4.1. Non-Adjudicative Functions:
5.4.1.1. Exercises general supervision and control over all the personnel and the activities of the divisions within the office;
5.4.1.2. Plans, recommends, and implements personnel management and development programs and administrative service functions of the Supreme Court;
5.4.1.3. Formulates and implements policies, guidelines, procedures and techniques for more effective operation of the office; cIACaT
5.4.1.4. Takes charge of the processing of appointments of personnel of the Supreme Court, the Presidential Electoral Tribunal (PET), and the Maintenance Sections of the Halls of Justice;
5.4.1.5. Initiates and/or recommends career and employee development programs, incentives and award system, employee health, welfare and recreation services, performance and efficiency rating, and promotion plans for adoption and implementation by the Supreme Court;
5.4.1.6. Formulates and standardizes administrative policies and procedures;
5.4.1.7. Maintains non-judicial records for the Supreme Court, the PET and the Halls of Justice;
5.4.1.8. Manages the supply and property requirements of the Court;
5.4.1.9. Provides housekeeping and security services;
5.4.1.10. Plans, schedules and conducts in-service training projects, seminars, workshops and symposia of court employees as required by the Civil Service Commission;
5.4.1.11. Conducts investigations and recommends disciplinary actions against erring employees;
5.4.1.12. Reviews, approves and submits periodic reports;
5.4.1.13. Reviews and signs vouchers and other fiscal documents and accounts relating to the disbursement of funds;
5.4.1.14. Sits as a member of the various committees created by the Court;
5.4.1.15. Rates the performance of the assistant chiefs of offices and chiefs of divisions; and
5.4.1.16. Does related tasks that may from time to time be assigned by the Chief Justice, Associate Justices or the Clerk of Court.
5.5 Director IV (Deputy Clerk of Court and Bar Confidant)
5.5.1. Non-Adjudicative Functions:
5.5.1.1. Exercises general supervision and control over all the personnel and the activities of the divisions within the office;
5.5.1.2. Manages the conduct of the annual Bar Examinations; llcd
5.5.1.3. Takes custody of bar records and personal records of lawyers;
5.5.1.4. Assists the Court in disciplining lawyers;
5.5.1.5. Directs and supervises the investigation of complaints against bar candidates;
5.5.1.6. Initiates, studies and recommends improvements on legal education;
5.5.1.7. Monitors, updates and maintains Court statistical data pertaining to the Bar Examinations and related matters;
5.5.1.8. Supervises the updating of list of members of the Bar;
5.5.1.9. Formulates and implements policies, guidelines, procedures and techniques for more effective operation of the office;
5.5.1.10. Submits recommendatory action on matters affecting the personnel;
5.5.1.11. Reviews and signs correspondence;
5.5.1.12. Reviews, approves and submits periodic reports;
5.5.1.13. Participates in various Court committees;
5.5.1.14. Rates the performance of the assistant chief of office and chiefs of divisions; and
5.5.1.15. Does related tasks as may from time to time be assigned by the Chief Justice, Associate Justices and the Clerk of Court.
5.6 Director IV (Deputy Clerk of Court and Chief, Management Information Systems Office) AEIHaS
5.6.1. Non-Adjudicative Functions:
5.6.1.1. Exercises general supervision and control over all the personnel and the activities of the divisions within the office;
5.6.1.2. Functions as overall network administrator for the whole judicial information technology network;
5.6.1.3. Plans, recommends and implements policies, guidelines, procedures and techniques concerning improved records management and data processing operations;
5.6.1.4. Maintains and develops efficient computer system usage;
5.6.1.5. Introduces and implements change management programs;
5.6.1.6. Identifies and recommends various ways to maximize use of Information and Communication Technology for improvement of judicial and administrative services;
5.6.1.7. Renders technical and/or administrative assistance/advice on more difficult and complicated matters confronting the various offices of the Court;
5.6.1.8. Reviews and signs correspondence;
5.6.1.9. Submits recommendatory action on matters affecting the personnel;
5.6.1.10. Reviews, approves and submits periodic reports; DaESIC
5.6.1.11. Participates in various Court committees;
5.6.1.12. Rates the performance of the assistant chief of office and chiefs of divisions; and
5.6.1.13. Does related tasks that may from time to time be assigned by the Chief Justice, Associate Justices or the Clerk of Court.
5.7. Director IV (Chief, Fiscal Management and Budget Office)
5.7.1. Non-Adjudicative Functions:
5.7.1.1. Exercises direct supervision and control over all the personnel and the activities of the divisions;
5.7.1.2. Directs and supervises the fiscal, budget, accounting and cashiering activities of the Court;
5.7.1.3. Plans budget and accounting work methods and procedures;
5.7.1.4. Supervises the preparation of estimates of expenditures of the Judiciary;
5.7.1.5. Reviews, consolidates and submits budget estimates and financial reports for information of reviewing authorities;
5.7.1.6. Manages the expenditures of the Court;
5.7.1.7. Assists the officials of the Court during budget hearings before legislation;
5.7.1.8. Participates in various Court committees;
5.7.1.9. Rates the performance of the assistant chief of office and chiefs of divisions; and
5.7.1.10. Does related tasks as may from time to time be assigned by the Chief Justice, Associate Justices and the Clerk of Court.
5.8. Director IV (Deputy Clerk of Court and Executive Officer) DTEcSa
5.8.1. Non-Adjudicative Functions:
5.8.1.1. Provides assistance in the supervision and control over all the personnel and the activities of the divisions in the Office of the Clerk of Court;
5.8.1.2. Studies and recommends ways and means to improve the managerial and operational methods employed in the various organizational units of the Court to maximize utilization of available manpower and to enhance efficiency;
5.8.1.3. Prepares progress reports on the projects and the programs being undertaken by the Court;
5.8.1.4. Makes studies and prepares memoranda on matters referred by his immediate head for study, report and recommendation;
5.8.1.5. Takes final action on routine matters as delegated;
5.8.1.6. Prepares official correspondence, indorsements and other communications; and
5.8.1.7. Assists in the preparation of the agenda and minutes of the Court en banc.
6. Chiefs of Services
6.1. Director III (SC Senior Chief Staff Officer), Medical and Dental Services
6.1.1. Non-Adjudicative Functions:
6.1.1.1. Directs and supervises the personnel, activities and operations of the Medical and Dental Services;
6.1.1.2. Plans work programs, assigns the same, and gives instructions on work methods and procedures; cAHDES
6.1.1.3. Oversees the consultations, treatment and related medical or dental activities;
6.1.1.4. Studies and evaluates all claims for workmen's compensation, financial assistance, disability, death and retirement benefits;
6.1.1.5. Attends to general medical consultations and clinic activities;
6.1.1.6. Prepares the budgetary estimates for clinic needs;
6.1.1.7. Conducts seminars to acquaint and train court personnel on the proper ways to upgrade their health conditions;
6.1.1.8. Superintends the maintenance of health and sanitation of the personnel of the Court;
6.1.1.9. Conducts scientific meeting with the clinic staff to keep them abreast with the latest trends in medical science;
6.1.1.10. Studies and approves specialty referrals;
6.1.1.11. Makes and submits recommendatory action on personnel matters affecting the medical and dental staff;
6.1.1.12. Approves requisitions for medical and dental equipment and supplies;
6.1.1.13. Prepares and submits periodic reports of accomplishments;
6.1.1.14. Rates performance of his subordinates and is responsible for their efficiency and discipline; and
6.1.1.15. Does related tasks that may from time to time be assigned by the Chief Justice, Associate Justices and the Clerk of Court. DaTISc
6.2. Director III (SC Senior Chief Staff Officer), Library Services
6.2.1. Non-Adjudicative Functions:
6.2.1.1. Exercises general supervision and control over the activities of the different divisions in the Library, including the personnel thereof;
6.2.1.2. Formulates measures to further improve the attainment of an effective and efficient library service;
6.2.1.3. Plans and directs the work of staff;
6.2.1.4. Gives special and technical advice to the staff;
6.2.1.5. Adopts methods for the promotion and improvement of library service;
6.2.1.6. Gives instructions on various phases of library work;
6.2.1.7. Selects and recommends the acquisition of library materials, equipment and supplies;
6.2.1.8. Checks compliance with requirements of existing library rules and regulations;
6.2.1.9. Prepares and submits periodic and annual inventory and other reports;
6.2.1.10. Plans and directs the computerization of library services;
6.2.1.11. Reviews work accomplished for conformance with established policies, rules and regulations; ADCSEa
6.2.1.12. Plans and organizes periodic staff meetings to discuss problems and solutions to these problems;
6.2.1.13. Rates performance of his/her subordinates and is responsible for their efficiency and discipline; and
6.2.1.14. Does related tasks.
6.3. Director III (SC Senior Chief Staff Officer), Printing Service
6.3.1. Non-Adjudicative Functions:
6.3.1.1. Exercises general supervision and control over the personnel and activities in the Printing Service;
6.3.1.2. Formulates, administers and directs the implementation of policies, rules and regulations relating to printing projects and activities;
6.3.1.3. Controls and oversees the work of the staff;
6.3.1.4. Adopts methods for the promotion and improvement of the printing service;
6.3.1.5. Gives special and technical advice to the staff;
6.3.1.6. Gives instructions on various phases of printing work;
6.3.1.7. Devises systems and formulates procedures for the improvement of the printing service;
6.3.1.8. Recommends the acquisition of printing materials, equipment, and supplies, and the augmentation of personnel requirements whenever the exigencies of the service demand;
6.3.1.9. Recommends measures for the attainment of an effective and efficient printing service; acEHCD
6.3.1.10. Checks compliance with requirements of existing printing rules and regulations;
6.3.1.11. Coordinates with and provides assistance to other offices of the Court;
6.3.1.12. Prepares and submits periodic and annual inventory and other reports;
6.3.1.13. Rates performance of his subordinates and is responsible for their efficiency and discipline; and
6.3.1.14. Does related task.
F. Case Flow Chart
G. Other Offices under the Administration, Supervision and Control of the Supreme Court
1. Judicial and Bar Council (JBC)
1.1. This office was created under Article VIII, Sec. 8 of the 1987 Constitution. It is composed of the Chief Justice as ex-officio Chairman, the Secretary of Justice, and a representative of the Congressas ex-officio Members, a representative of the Integrated Bar of the Philippines, a professor of law, a retired member of the Supreme Court, and a representative of the private sector.
1.2. Functions:
1.2.1. Screens and recommends appointment to the judiciary; and
1.2.2. Performs such other related functions and duties that the Supreme Court may assign. DAaIHT
2. Philippine Judicial Academy (PHILJA)
2.1. The PHILJA was established under Supreme Court Order No. 35-96 and later by Rep. Act No. 8557. It has a Governing Board called the Board of Trustees, composed of the Chief Justice of the Supreme Court as ex-officio Chairman, the Senior Associate Justice of the Supreme Court as ex-officio Vice Chairman, the Chancellor of the Academy, the Presiding Justices of the Court of Appeals, and the Sandiganbayan, the Court Administrator, the President of the Philippine Judges Association and the President of the Philippine Association of Law Schools, as ex-officio members and a Judge of a first level court, as appointive member, who shall have served as such for at least five (5) years and has taught in a reputable law school for the same number of years.
The Executive Officials of the Academy are the Chancellor, Vice-Chancellor and Executive Secretary who are appointed by the Supreme Court.
2.2. Functions:
2.2.1. Serves as a training school for judges, court personnel, lawyers, and aspirants to judiciary positions;
2.2.2. Provides and implements a curriculum for judicial education;
2.2.3. Conducts seminar, workshops and other training programs designed to upgrade the legal knowledge, moral fitness, probity, efficiency and capacity of judges and court personnel; and
2.2.4. Performs such other functions and duties as may be necessary in carrying out its mandate. TAIcaD
3. Office of the Court Administrator (OCA)
3.1. The Office of the Court Administrator was created pursuant to Pres. Decree No. 828 as amended by Pres. Decree No. 842, sixty-four (64) years after the birth of the Supreme Court as an independent judicial body. Its creation was a revolutionary step towards strengthening the link between higher and lower courts and more efficient service for the citizenry by frontline courts. On October 24, 1996, the OCA was strengthened by the Supreme Court as its principal arm in performing its constitutional power and duty to exercise administrative supervision over all lower courts. Changes in the organizational structure of the OCA were introduced so that it could attend to and concentrate on administrative matters, court management problems, fiscal operations and legal concerns involving lower courts.
The OCA is headed by a Court Administrator, three (3) Deputy Court Administrators, and two (2) Assistant Court Administrators.
3.2 Functions:
3.2.1. Assists the Supreme Court in exercising administrative supervision over all lower courts and the personnel thereof; and
3.2.2. Reports and recommends to the Supreme Court all actions relating to personnel and financial matters and administrative discipline.
3.3. Within its structure, the OCA has the following offices with their respective functions:
3.3.1. Legal Office — Receives and prepares reports for the Supreme Court administrative complaints filed against Justices of the Court of Appeals, Sandiganbayan and Court of Tax Appeals and their personnel, and evaluates complaints filed against judges and personnel of Regional Trial Courts, Family 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. IcCDAS
3.3.2. Court Management Office — Provides services relating to judicial supervision, monitoring judicial audit and inspection, judicial assignments and placements, circuitization and delineation of territorial areas of lower courts, and fiscal monitoring audits and reconciliation.
3.3.3. Office of Administrative Services — Provides support to the OCA and lower courts and the personnel thereof regarding appointments, leave matters, employees welfare and benefits, property and records management.
3.3.4. Financial Management Office — Provides the OCA and the lower courts financial services such as preparation of vouchers, processing of payrolls and other financial transactions.
4. Public Information Office (PIO)
4.1. The PIO was created under Court en banc Resolution in A.M. No. 98-7-01 dated June 23, 1998, under the Office of the Court Administrator and subsequently transferred to the Office of the Chief Justice pursuant to Resolution No. 98-12-08. This office is headed by an Assistant Court Administrator.
4.2. Functions:
4.2.1. Provides the information needs of the Court's internal and external policies;
4.2.2. Prepares and distributes information about newsworthy events in the Judiciary;
4.2.3. Articulates, through the various media, the judiciary's vision and mission; and
4.2.4. Performs all other functions aimed at increasing, public awareness on the systems and procedures of the court with the end in view of creating positive and objective public perception of the judiciary. DaAETS
5. Program Management Office (PMO)
5.1. The PMO was created pursuant to Court en banc Resolution in A.M. No. 01-7-09-SC dated July 17, 2001. It is headed by a Program Director appointed by the Chief Justice.
5.2. Functions:
5.2.1. Manages the entire reform program, including the synchronization and reconciliation of the political, technical and policy aspects, and ensures the timely execution and completion of program activities, as well as the generation of all program outputs;
5.2.2. Prepares the project documents and undertakes the acquisition and selection of expertise, goods and services to execute the identified action programs;
5.2.3. Monitors and periodically reviews program implementation and the performance and status of the Action Program for Judicial Reform (APJR);
5.2.4. Ensures the efficient and effective management of all resources for judicial reform;
5.2.5. Establishes linkages with executive agencies and funding institutions for the acquisition of resources and efficient implementation of inter-agency activities; and
5.2.6. Performs other related functions as may be assigned by the Chief Justice.
6. Office of the Jurisconsult
6.1. This Office was created under the provision of Title III, Book 4 of Pres. Decree No. 1083 and is headed by a Jurisconsult, who must be a citizen of the Philippines, at least forty (40) years of age, of good moral character and proven integrity, and an eminent scholar in the Qur'an and Hadith and in Islamic jurisprudence, as well as proficient in Arabic. SDIACc
6.2. Functions:
6.2.1. On the written request of any interested party, renders legal opinions based on recognized authorities regarding any question relating to Muslim Law; and
6.2.2. Keeps a compilation and causes the publication of all his legal opinions.
H. Forms
1. Legal Fees
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
JUDICIAL RECORDS OFFICE
DOCKET-RECEIVING SECTION
LEGAL FEES
Re: G.R. No. ____________
Received this ______ day of ________________, 2001 the following payments:
| 1. | DOCKET FEE | P_________ | O.R. No. _________ |
| 2. | DOCKET FEE (Judiciary Fund) | P_________ | O.R. No. _________ |
| 3. | LEGAL RESEARCH FUND FEE | P_________ | O.R. No. _________ |
| 4. | DEPOSIT FOR SHERIFF'S FEE | P_________ | O.R. No. _________ |
| 5. | SHERIFF'S FEE (Judiciary Fund) | P_________ | O.R. No. _________ |
| 6. | CLERK'S COMMISSION | P_________ | O.R. No. _________ |
| 7. | 2nd & SUCCEEDING MOT. FOR | ||
| RECONSIDERATION | P_________ | O.R. No. _________ | |
| 8. | DEPOSIT FOR COSTS | P_________ | O.R. No. _________ |
| 9. | FINE | P_________ | O.R. No. _________ |
| 10. | OTHERS | P_________ | O.R. No. _________ |
| 11. | EXCESS PAYMENT | P_________ | O.R. No. _________ |
| TOTAL | P_________ | ||
| PAID BY: | |||
| __________________________ | |||
| P.M.O. No. ________________ | |||
| Dated: _____________, 200___ | |||
| Check No. _________________ | |||
| Dated: _____________, 200___ | |||
| REMARKS ______________________________________ |
2. Processing Form for Motion for Extension to File Petition
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
JUDICIAL RECORDS OFFICE
DOCKET DIVISION
(Docket-Receiving Section)
MOTION FOR EXTENSION TO FILE PETITION
G.R. No. ____________
TO BE ACCOMPLISHED BY THE RECEIVING CLERK:
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YES
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NO
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| 1. | Type of filing: [ ] Personal [ ] By Mail. If motion for |
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| extension was mailed, is there an explanation why the |
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| filing was not done personally? |
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| 2. | Number of copies received: __________________ |
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| 3. | Motion for extension is [ ] printed [ ] mimeographed |
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| [ ] typewritten. |
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| 4. | Are docket and other lawful fees paid? |
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| 5. | Is deposit for costs made? |
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| 6. | Is proof of service of this motion for extension upon |
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| the court of origin/tribunal/officer attached? |
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| 7. | Is proof of service of this motion for extension upon |
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| the adverse party attached? |
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| 8. | If mode of service to the court of origin/tribunal/officer |
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| and/or adverse party was by mail, is there an explanation |
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| why service was not done personally? |
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| 9. | Is an affidavit of service attached? |
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| REMARKS: ______________________________________________ |
____________________________
TO BE ACCOMPLISHED BY THE PROCESSOR: THIcCA
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| 1. | The court/tribunal/officer that rendered the |
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| assailed judgment: __________________________________ |
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| 2. | Date of receipt of the assailed judgment: __________________ |
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| 3. | Date of filing of the Motion for Reconsideration: ____________ |
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| 4. | Date of receipt of the notice of the denial of |
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| Motion for Reconsideration: ___________________________ |
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| 5. | Expiration date to file motion for extension: _______________ |
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| 6. | Date motion for extension was filed/posted: _______________ |
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| 7. | Is motion filed on time |
YES [ ]
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NO [ ]
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| 8. | Date Docket and other lawful fees were paid: _______________ |
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| 9. | Date Deposit for Costs was made: _______________________ |
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YES
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NO
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| 10. | Is payment of docket and other lawful fees and |
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| deposit for costs made on time? |
[ ]
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[ ]
|
_____
|
|
| 11. | Is proof of service of this motion for extension |
|
|
|
| upon the court of origin/tribunal/officer attached? |
[ ]
|
[ ]
|
_____
|
|
| 12. | Is proof of service of this motion for extension |
|
|
|
| upon the adverse party attached? |
[ ]
|
[ ]
|
_____
|
|
| 13. | If mode of service to the court of origin/tribunal/ |
|
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|
| officer and/or adverse party was by mail, is there an |
|
|
|
|
| explanation why service was not done personally? |
[ ]
|
[ ]
|
_____
|
|
| 14. | If petitioner is represented by counsel, are IBP |
|
|
|
| O.R. and PTR Numbers indicated? |
[ ]
|
[ ]
|
_____
|
|
| REMARKS: ______________________________________________ | ||||
| _________________________________________________________________________ |
______________________
3. Processing Form for Petition for Review on Certiorari
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
PETITION FOR REVIEW ON CERTIORARI
G.R. No. ____________
TO BE ACCOMPLISHED BY THE RECEIVING CLERK:
|
YES
|
NO
|
||
| 1. | Type of filing: [ ] Personal [ ] By Mail. If petition was |
|
|
| mailed, is there an explanation why the filing was not |
|
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|
| done personally? |
[ ]
|
[ ]
|
|
| 2. | Number of copies received: _______ Is petition verified? |
[ ]
|
[ ]
|
| 3. | Petition is [ ] printed [ ] mimeographed [ ] typewritten. |
|
|
| 4. | Are docket and other lawful fees paid? |
[ ]
|
[ ]
|
| 5. | Is deposit for costs made? |
[ ]
|
[ ]
|
| 6. | Is petition with prayer for preliminary injunction or |
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| TRO, are the sheriff's fee and clerk's commission paid? |
[ ]
|
[ ]
|
|
| 7. | Is proof of service of this petition upon the court of |
|
|
| origin attached? |
[ ]
|
[ ]
|
|
| 8. | Is proof of service of this petition upon the adverse |
|
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| party attached? |
[ ]
|
[ ]
|
|
| 9. | If mode of service to the court of origin and/or adverse |
|
|
| party was by mail, is there an explanation why service |
|
|
|
| was not done personally? |
[ ]
|
[ ]
|
|
| 10. | Is an affidavit of service attached? |
[ ]
|
[ ]
|
| 11. | Is a clearly legible duplicate original or certified true |
|
|
| copy of the questioned judgment attached? |
[ ]
|
[ ]
|
|
| 12. | Is there a sworn certification on non-forum shopping? |
[ ]
|
[ ]
|
| REMARKS: ______________________________________________ |
____________________________
| TO BE ACCOMPLISHED BY THE PROCESSOR: |
|
|
PAGE
|
|
| 1. | Level of the court that rendered the |
|
|
|
| assailed judgment: __________________________________ |
|
|
_____
|
|
| 2. | Promulgation date of the assailed judgment: _______________ |
|
|
_____
|
| 3. | Promulgation date of the denial of the motion |
|
|
|
| for reconsideration: __________________________________ |
|
|
_____
|
|
| 4. | Date of receipt of the acceded judgment: __________________ |
|
|
_____
|
| 5. | Date of filing of the Motion for Reconsideration: ____________ |
|
|
_____
|
| 6. | Date of receipt of the notice of the denial of |
|
|
|
| Motion or Reconsideration: ___________________________ |
|
|
_____
|
|
| 7. | Expiration date to file petition: _________________________ |
|
|
_____
|
| 8. | Date petition was filed/posted: _________________________ |
|
|
_____
|
|
YES
|
NO
|
|
||
| 9. | Is petition filed on time? |
[ ]
|
[ ]
|
_____
|
| 10. | Date Docket and other lawful fees |
|
|
|
| were paid: ______________________________ |
|
|
_____
|
|
| 11. | Date Deposit for Costs was made: ____________ |
|
|
_____
|
| 12. | Due Date for payment: ____________________ |
|
|
_____
|
| 13. | Are docket and other lawful fees paid and |
|
|
|
| deposit for costs made on time? |
[ ]
|
[ ]
|
_____
|
|
| 14. | Is proof of service of this petition upon the |
|
|
|
| court of origin attached? |
[ ]
|
[ ]
|
_____
|
|
| 15. | Is proof of service of this petition upon the |
|
|
|
| adverse party attached? |
[ ]
|
[ ]
|
_____
|
|
| 16. | If mode of service to the court of origin/adverse |
|
|
|
| party was by mail, is there an explanation why |
|
|
|
|
| service was not done personally? |
[ ]
|
[ ]
|
_____
|
|
| 17. | Is a clearly legible duplicate original or certified |
|
|
|
| true copy of the questioned judgment attached? |
[ ]
|
[ ]
|
_____
|
|
| 18. | Is there a verified statement on material dates? |
[ ]
|
[ ]
|
_____
|
| 19. | Is there sworn certification on non-forum shopping? |
[ ]
|
[ ]
|
_____
|
| 20. | Is there a proper verification? |
[ ]
|
[ ]
|
_____
|
| 21. | If petitioner is represented by counsel, are IBP |
|
|
|
| O.R. and PTR Numbers indicated? |
[ ]
|
[ ]
|
_____
|
|
| REMARKS: ______________________________________________ | ||||
| ______________________________________________________________________________________ |
______________________
4. Processing Form for Special Civil Action (Certiorari, Prohibition, Mandamus, etc.) DCHaTc
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
SPECIAL CIVIL ACTIONS CERTIORARI, PROHIBITION, MANDAMUS, ETC.)
G.R. No. ____________
| TO BE ACCOMPLISHED BY THE RECEIVING CLERK: |
|
|
|
|
YES
|
NO
|
||
| 1. | Type of filing: [ ] Personal [ ] By Mail. If petition |
|
|
| was mailed, is there an explanation why the filing |
|
|
|
| was not done personally? |
[ ]
|
[ ]
|
|
| 2. | Number of copies received: _________ Is petition verified? |
[ ]
|
[ ]
|
| 3. | Petition is [ ] printed [ ] mimeographed [ ] typewritten. |
|
|
| 4. | Are docket and other lawful fees paid? |
[ ]
|
[ ]
|
| 5. | Is deposit for sheriff's fee made? |
[ ]
|
[ ]
|
| 6. | Is deposit for costs made? |
[ ]
|
[ ]
|
| 7. | Is proof of service of this petition upon the court of origin/ |
|
|
| tribunal/officer attached? |
[ ]
|
[ ]
|
|
| 8. | Is proof of service of this petition upon the adverse |
|
|
| party attached? |
[ ]
|
[ ]
|
|
| 9. | If mode of service to the court of origin/tribunal/officer |
|
|
| and/or adverse party was by mail, is there an explanation |
|
|
|
| why service was not done personally? |
[ ]
|
[ ]
|
|
| 10. | Is an affidavit of service attached? |
[ ]
|
[ ]
|
| 11. | Is a clearly legible duplicate original or certified true copy |
|
|
| of the questioned judgment attached? |
[ ]
|
[ ]
|
|
| 12. | Is there sworn certification on non-forum shopping? |
[ ]
|
[ ]
|
| REMARKS: ______________________________________________ | |||
| ________________________________________________________ |
____________________________
| TO BE ACCOMPLISHED BY THE PROCESSOR: |
|
|
|
|
|
|
|
PAGE
|
||
| 1. | The court/tribunal/officer that rendered the |
|
|
|
| assailed judgment __________________________________ |
|
|
_____
|
|
| 2. | Promulgation date of the assailed judgment: _______________ |
|
|
_____
|
| 3. | Promulgation date of the denial of the motion |
|
|
|
| for reconsideration: _________________________________ |
|
|
_____
|
|
| 4. | Date of receipt of the assailed judgment: _________________ |
|
|
_____
|
| 5. | Date of filing of the Motion for Reconsideration: ___________ |
|
|
_____
|
| 6. | Date of receipt of the notice of the denial of |
|
|
|
| Motion for Reconsideration: ___________________________ |
|
|
_____
|
|
| 7. | Expiration date to file petition: _________________________ |
|
|
_____
|
| 8. | Date petition was filed/posted: _________________________ |
|
|
_____
|
|
YES
|
NO
|
|
||
| 9. | Is petition filed on time? |
[ ]
|
[ ]
|
|
| 10. | Date Docket and other lawful fees were paid: ______ |
|
|
_____
|
| 11. | Date Deposit for Sheriff's Fee was made: _________ |
|
|
_____
|
| 12. | Date Deposit for Costs was made: _______________ |
|
|
_____
|
| 13. | Due Date for payment: _______________________ |
|
|
_____
|
| 14. | Are docket and other lawful fees paid and deposit |
|
|
|
| for costs made on time? |
[ ]
|
[ ]
|
_____
|
|
| 15. | Is proof of service of this petition upon the court |
|
|
|
| of origin/tribunal/officer attached? |
[ ]
|
[ ]
|
_____
|
|
| 16. | Is proof of service of this petition upon the adverse |
|
|
|
| party attached? |
[ ]
|
[ ]
|
_____
|
|
| 17. | If mode of service to the court of origin/tribunal/ |
|
|
|
| officer and/or adverse party was by mail, is there |
|
|
|
|
| an explanation why service was not done personally? |
[ ]
|
[ ]
|
_____
|
|
| 18. | Is a clearly legible duplicate original or certified |
|
|
|
| true copy of the questioned judgment attached? |
[ ]
|
[ ]
|
_____
|
|
| 19. | Is there a verified statement on material dates? |
[ ]
|
[ ]
|
_____
|
| 20. | Is there sworn certification on non-forum shopping? |
[ ]
|
[ ]
|
_____
|
| 21. | Is there a proper verification? |
[ ]
|
[ ]
|
_____
|
| 22. | If petitioner is represented by counsel, are IBP |
|
|
|
| O.R. and PTR Numbers indicated? |
[ ]
|
[ ]
|
_____
|
|
| REMARKS: ______________________________________________ |
|
|
|
|
| _____________________________________________________________________________________ |
______________________
5. Entry of Judgment
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
- versus -
ENTRY OF JUDGMENT
This is to certify that on _____________ a decision/resolution rendered in the above-entitled case was filed in this Office, the dispositive part of which reads as follows: DIEAHc
and that the same has, on _____________ become final and executory and is hereby recorded in the Book of Entries of Judgments.
Manila, Philippines
Clerk of Court
By:
Deputy Clerk of Court & ChiefJudicial Records Office
6. Letter Transmitting Entry of Judgment
SUPREME COURT OF THE PHILIPPINES
MANILA
Judicial Records Office
JUDGMENT DIVISION
Re: G.R. No. ___________ (_________________________)
Sir/Madam:
For your information and guidance, we are sending you herewith a copy of the ENTRY OF JUDGMENT made in the above-entitled case.
Please acknowledge receipt hereof.
_____________, 200___.
Very truly yours,
FOR THE CLERK OF COURT
By:
Deputy Clerk of Court & Chief
7. Computation of 15-Day Period from Service of Notice upon the Defeated Parties until Judgment Becomes Final and Executory
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
- versus - G.R. NO.
COMPUTATION OF THE 15-DAY PERIOD FROM SERVICE
OF NOTICE UPON THE DEFEATED PARTIES UNTIL JUDGMENT
BECOMES FINAL AND EXECUTORY
Date of promulgation of decision/resolution: ____________________
Nature of Judgment: _________________
Date of receipt by defeated party of decision or resolution:
Plus reglementary period of 15 days: __________________________
Last day to file motion for reconsideration: _____________________
Date 1st motion for reconsideration was filed: __________________
Date defeated party received notice of denial of 1st motion for reconsideration: _______________________________
No. of days suspended upon filing of 1st motion for reconsideration:
Last day to file a second motion for reconsideration: _____________
Date 2nd motion for reconsideration was filed: __________________
Date defeated party received notice of denial of 2nd motion for reconsideration: _______________________________
Date when decision or order/resolution became final and executor:
Date Remanded:
Verified Correct: Prepared By:
8. Letter of Transmittal to the Court of Appeals of Entry of Judgment
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
CA TRANSMITTAL
______________, 200___
The Clerk of Court
Court of Appeals
Manila
LETTER OF TRANSMITTAL
Madam:
For purposes of paragraph 2, Section 11, Rule 51 of the 1997 Rules of Civil Procedure, we are sending you herewith: (a) two photocopies of the resolution rendered by this Court on ___________ in the above-entitled case; and (b) two duplicate copies of the entry of judgment made therein. CIaASH
The above-entitled case was originally ____________ of your Court, entitled _________________________________________.
As per instruction of the Court, you are hereby directed to return the records of the case to the agency/court of origin and to submit to this Court proof of such remand, both within five (5) days from notice hereof.
Please acknowledge receipt hereof.
FOR THE CLERK OF COURT:
By:
Deputy Clerk of Court & Chief
9. Return of Case Records to Court of Appeals
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
CA TRANSMITTAL WITH RECORDS
______________, 200___
The Clerk of Court
Court of Appeals
Manila
Re: RETURN OF CASE RECORDS
Madam:
We are returning to you herewith the records in the above-entitled case consisting of: AHacIS
|
ITEM
|
NO. OF PIECES
|
NO. OF PAGES
|
together with two photocopies of the decision/resolution dated ______________ rendered by this Court and two duplicate copies of the Entry of Judgment made therein.
The above-entitled case was originally ____________ of your Court, entitled _____________________________________.
As per instruction of the Court, you are hereby directed to return the records of the case to the agency/court of origin and to submit to this Court proof of such remand, both within five (5) days from notice hereof.
Please acknowledge receipt hereof.
FOR THE CLERK OF COURT:
By:
Deputy Clerk of Court & ChiefJudicial Records Office
10. Letter of Transmittal to National Labor Relations Commission/Department of Labor/Regional Trial Court
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
FIRST DIVISION
NLRC/DOLE/RTC (Appealed Cases)
______________, 200___
________________________
LETTER OF TRANSMITTAL
Madam:
We are hereby transmitting to you the following: (a) a photocopy of the resolution rendered by this Court on ____________ in the above-entitled case, and (b) a duplicate copy of the entry of judgment made therein. aTcSID
The above-entitled case was originally Case No. ___________ your Office, entitled __________________________________.
You are hereby directed to return the records of the case to the lower court/agency for execution of Judgment and to submit to this Court proof of such remand.
Please acknowledge receipt hereof.
Very truly yours,
FOR THE CLERK OF COURT:
By:
Deputy Clerk of Court & ChiefJudicial Records Office
11. Letter of Transmittal to Regional Trial Court/Sandiganbayan/Commission on Elections
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
RTC/SANDIGANBAYAN/COMELEC (Orange Cover)
______________, 200___
_________________________
LETTER OF TRANSMITTAL
Sir/Madam:
We are hereby transmitting to you the following: (a) a true copy of the decision/resolution rendered by this Court on _________ in the above-entitled case, and (b) a duplicate copy of the entry of judgment rendered thereon. TAIESD
The above-entitled case was originally Case No. ___________ of your Office/Court, entitled ______________________________.
You are hereby directed to submit to this Court proof of execution of Judgment within fifteen (15) days from date of said execution.
Please acknowledge receipt hereof.
Very truly yours,
By:
Deputy Clerk of Court & ChiefJudicial Records Office
12. Letter of Transmittal to Regional Trial Court/Department of Justice/Court of Appeals/Ombudsman/Sandiganbayan/Commission on Audit/Civil Service Commission
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
RTC (Yellow Cover) DOJ/CA (Yellow Cover)/OMBUDSMAN/SANDIGANBAYAN (Yellow Cover) COA/CSC
______________, 200___
_________________________
LETTER OF TRANSMITTAL
Sir/Madam:
We are hereby transmitting to you the following: (a) a photocopy of the decision/resolution rendered by this Court on _____________, in the above-entitled case, and (b) a duplicate copy of the entry of judgment rendered therein.
The above-entitled case was originally Case No. ___________ of your Office/Court, entitled ______________________________.
Please acknowledge receipt hereof.
Very truly yours,
FOR THE CLERK OF COURT:
By:
Deputy Clerk of Court & ChiefJudicial Records Office
13. Return of Case Records to Regional Trial Court
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
RTC WITH RECORDS
______________, 200___
The Clerk of Court
Regional Trial Court
__________________
Re: RETURN OF CASE RECORDS
Sir/Madam:
We are returning to you herewith the records in the above-entitled case consisting of:
|
ITEM
|
NO. OF PIECES
|
NO. OF PAGES
|
together with two photocopies of the decision dated _____________ rendered by this Court and two duplicate copies of the Entry of Judgment made therein.
The above-entitled case was originally ____________ of your Court, entitled __________________________________.
You are hereby directed to submit to this Court proof of execution of judgment within fifteen (15) days from date of said execution.
Please acknowledge receipt hereof.
FOR THE CLERK OF COURT:
By:
Deputy Clerk of Court & ChiefJudicial Records Office
CHAPTER III
Court of Appeals
A. Organizational Chart
B. Jurisdiction
The Court of Appeals shall exercise its adjudicatory powers, functions and duties through its seventeen (17) divisions. It sits en banc for the exercise of administrative, ceremonial and non-adjudicatory functions. 1 Upon implementation of Rep. Act No. 8246, there shall be twenty-three (23) Divisions in the Court of Appeals. 2
1. Matters Cognizable by the Court En Banc
The Court shall sit en banc to:
1.1. Promulgate rules or orders relative to the organization or reorganization of the Divisions of the Court and assignment of the Justices, distribution of cases, and other matters concerning the operation and management of the Court and/or its Divisions;
1.2. Recommend to the Supreme Court the appointment of the Clerk of Court, Assistant Clerk of Court, Division Clerks of Court and Court Reporter;
1.3. Act on administrative matters, such as the regrouping, merger, or abolition of existing offices, units or services; create new ones, or transfer the functions of one office, unit or service, to another as the exigencies of the service may require, subject to the approval of the Supreme Court;
1.4. Receive foreign and local dignitaries, important guests and visitors, honor a colleague or retiring member of the Court, hold necrological services for its members who died in office, and honor a retired member who died after retirement;
1.5. Adopt uniform administrative measures, procedures, and policies for the protection and preservation of the integrity of the judicial processes, the speedy disposition of cases, and the promotion of efficiency of the personnel;
1.6. Discuss and thresh out divergent views on any particular question of law so as to reach a consensus thereon or to minimize if not completely avoid conflict of decisions of the different Divisions of the Court on the interpretation and application of any question or provision of law; and EHaCID
1.7. Take up other administrative matters which the Presiding Justice or any member may suggest for consideration and inclusion in its agenda. 3
2. Matters Cognizable by the Divisions 4
2.1. Original
2.1.1. Exclusive
Actions for annulment of judgments of Regional Trial Courts (Batas Blg. 29, Sec. 9 [2])
2.1.2. Concurrent
2.1.2.1. With Supreme Court
Petitions for issuance of writs of certiorari, prohibition and mandamus against the following:
a. National Labor Relations Commission under Labor Code. (Batas Blg. 129, Sec. 9 as amended by Rep. Act No. 7902; St. Martin Funeral Home v. NLRC, G.R. No. 130866, September 16, 1998). Under the principle of hierarchy of courts, the petition should first be filed with the Court of Appeals.
b. Civil Service Commission (Rep. Act No. 7902)
c. Central Board of Assessment Appeals. (Pres. Decree No. 464; Batas Blg. 129, Sec. 9 as amended by Rep. Act No. 7902)
d. Court of Tax Appeals and Quasi-Judicial Agencies (Rules of Civil Procedure [1997], Rule 143)
e. Regional Trial Courts and lower courts IcHTCS
2.1.2.2. With Supreme Court and Regional Trial Courts
a. Petitions for habeas corpus and quo warranto
b. Petitions for issuance of writs of certiorari, prohibition and mandamus against the lower courts or bodies. (Batas Blg. 129, Sec. 9 [1] and Sec. 21 [1]; Vergara v. Suelto, 156 SCRA 763)
2.2. Appellate
2.2.1. Writ of Error
2.2.1.1. Appeals from Regional Trial Courts, except those appealable to the Supreme Court
2.2.1.2. Appeals from Regional Trial Courts on constitutional, tax, jurisdictional questions involving questions of fact which should be appealed first to the Court of Appeals (Judiciary Act (1948) Sec. 17 subparagraph 4 of the 4th paragraph as amended, which was not intended to be excluded by Batas Blg. 129, Sec. 9 [3])
2.2.1.3. Appeals from decisions and orders of the Family
Courts (Rep. Act No. 8369, Sec. 14)
2.2.2. Petition for Review
2.2.2.1. Appeals from the Civil Service Commission (Rep. Act No. 7901; Rules of Civil Procedure [1997], Rule 43)
2.2.2.2. Appeals from Regional Trial Courts in cases appealed from Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, which are not a matter of right. (Batas Blg. 129, Sec. 22; Rules of Civil Procedure [1997], Rule 42; Rule 122, Sec. 3 [b] of the Rev. Rules of Criminal Procedure [2000]) ETHSAI
2.2.2.3. Appeals from Court of Tax Appeals and other quasi-judicial agencies, such as:
a. Central Board of Assessment Appeals
b. Securities and Exchange Commission
c. Office of the President
d. Land Registration Authority
e. Social Security System
f. Civil Aeronautics Board
g. Intellectual Property Office (formerly Bureau of Patents, Trademarks and Technology Transfer)
h. National Electrification Administration
i. Energy Regulatory Board
j. National Telecommunications Commission
k. Department of Agrarian Reform under Rep. Act No. 6657
l. Government Service Insurance System
m. Employees Compensation Commission
n. Agricultural Inventions Board
o. Insurance Commission
p. Philippine Atomic Energy Commission cDHAaT
q. Board of Investments
r. Construction Industry Arbitration Commission
s. Voluntary arbitrators authorized by law (Rules of Civil Procedure [1997], Rule 43)
2.2.2.4. Appeals from the National Commission on Indigenous Peoples (NCIP). (Rep. Act No. 8371, Sec. 67)
2.2.2.5. Appeals from the Office of the Ombudsman in administrative disciplinary cases. (Teresita G. Fabian v. Desierto, et al., 295 SCRA 470 (1998))
C. Qualifications of Officers
The Court of Appeals has a Clerk of Court, an Assistant Clerk of Court, seventeen (17) Division Clerks of Court and a Court Reporter. These officials are recommended by the Court en banc to the Supreme Court for appointment.
1. EXECUTIVE CLERK OF COURT IV (CLERK OF COURT)
2. EXECUTIVE CLERK OF COURT III (ASSISTANT CLERK OF COURT)
| Education | - | Bachelor of Laws |
| Experience | - | Ten (10) years or more in the practice of law or has been Clerk of Court or Deputy Clerk of Court of a Regional Trial Court or its equivalent for the same period of time |
| Training | - | Thirty-two (32) hours of relevant training in management and supervision |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
3. EXECUTIVE CLERK OF COURT III (DIVISION CLERK OF COURT)
| Education | - | Bachelor of Laws |
| Experience | - | Five (5) years or more in the practice of law or has been Clerk of Court or Deputy Clerk of Court of the Regional Trial Court or its equivalent for the same period of time |
| Training | - | Thirty-two (32) hours of relevant training in management and supervision |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
4. COURT REPORTER
| Education | - | Bachelor of Laws |
| Experience | - | Five (5) years of relevant experience |
| Training | - | Thirty-two (32) hours of relevant training |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
5. CHIEF JUDICIAL STAFF OFFICER, JUDICIAL RECORDS DIVISION
6. CHIEF JUDICIAL STAFF OFFICER, INFORMATION AND STATISTICAL DATA DIVISION
7. CHIEF JUDICIAL STAFF OFFICER, LIBRARY SERVICES DIVISION
8. CHIEF JUDICIAL STAFF OFFICER, CASH DIVISION
9. CHIEF JUDICIAL STAFF OFFICER, FISCAL MANAGEMENT AND BUDGET DIVISION
10. CHIEF JUDICIAL STAFF OFFICER, GENERAL SERVICES DIVISION
11. CHIEF JUDICIAL STAFF OFFICER, HUMAN RESOURCE AND MANAGEMENT DIVISION
12. CHIEF JUDICIAL STAFF OFFICER, MANAGEMENT AND AUDIT DIVISION
13. CHIEF JUDICIAL STAFF OFFICER, PROPERTY AND SUPPLY MANAGEMENT DIVISION
| Education | - | Masteral degree |
| Experience | - | Five (5) years of relevant experience |
| Training | - | Thirty-two (32) hours of relevant training |
| Eligibility | - | Career Service (Professional) and Second Level Eligibility |
14. CHIEF JUDICIAL STAFF OFFICER, MEDICAL AND DENTAL CLINIC DIVISION
| Education | - | Doctor of Medicine |
| Experience | - | Five (5) years of relevant experience |
| Training | - | Thirty-two (32) hours of relevant training |
| Eligibility | - | Rep. Act No. 1080 |
15. CHIEF JUDICIAL STAFF OFFICER, ACCOUNTING DIVISION
| Education | - | Masteral degree |
| Experience | - | Five (5) years of relevant experience |
| Training | - | Thirty-two (32) hours of relevant training |
| Eligibility | - | Rep. Act No. 1080 (CPA) |
D. Functions and Duties of Officers
1. EXECUTIVE CLERK OF COURT IV (CLERK OF COURT)
1.1. Adjudicative Support Functions:
1.1.1. Issues notices to file briefs, submit proof of service of briefs and submit lacking transcripts of stenographic notes through the Chief, Judicial Records Division;
1.1.2. Issues letters of transmittal of remand of original records through the Chief, Archives Section;
1.1.3. Issues tracers to postmasters and entries of judgment through the Division Clerks of Court; SATDHE
1.1.4. Issues or drafts office orders, memoranda and circulars regarding assignments of Justices or compositions of Divisions regarding internal procedure in the flow and distribution of cases; and
1.1.5. Conducts investigation of court personnel involved in the loss of records/pleadings or in the undue delay in the reporting of pleadings.
1.2. Non-Adjudicative Functions:
1.2.1. Takes charge of the administrative operations of the Court;
1.2.2. Exercises general or administrative supervision over subordinate officials and employees of the Court, except the coterminous staff;
1.2.3. Assists the Presiding Justice in the formulation of programs and policies for the consideration of the Court en banc;
1.2.4. Signs contracts involving the Court of Appeals as authorized by the Presiding Justice;
1.2.5. Prepares office circulars, memoranda and office orders for the signature of the Presiding Justice;
1.2.6. Coordinates with the Budget Division in the preparation of the Court of Appeals budget; HAaDTE
1.2.7. Prepares reports as may be required by the Presiding Justice;
1.2.8. Acts as Chairman of the Selection and Merit Promotions Board, Prequalification, Bidding and Awards Committee, Court of Appeals Health and Welfare Plan, Uniform Committee, Scholarship Committee, and of such other committees as may be constituted by the Presiding Justice;
1.2.9. Approves requisitions of office equipment and supplies of less than P10,000.00, or in excess thereof, makes the proper recommendation to the Presiding Justice;
1.2.10. Coordinates with other government agencies and officials on matters affecting the Court of Appeals;
1.2.11. Reviews and initials official documents for the signature of the Presiding Justice on administrative matters;
1.2.12. Attends sessions en banc and prepares minutes of the proceedings;
1.2.13. Prepares annual report for submission to the Supreme Court;
1.2.14. Issues certified true copies of decisions, resolutions and orders of the Court through the Chief, Reporter's Division;
1.2.15. Provides information upon request to the public and other government agencies regarding court cases and procedures;
1.2.16. Replies to letters of inquiries on status of cases or indorses them to proper Divisions; CcTIDH
1.2.17. Assists the Presiding Justice in hosting and entertaining foreign jurists and other foreign guests; and
1.2.18. Performs related work that may be assigned by the Court through the Presiding Justice.
2. EXECUTIVE CLERK OF COURT III (ASSISTANT CLERK OF COURT)
2.1. Adjudicative Support Functions:
2.1.1. Performs all adjudicative support functions of the Executive Clerk of Court IV (Clerk of Court) in his absence;
2.2. Non-Adjudicative Functions:
2.2.1. Performs all non-adjudicative functions of the Executive Clerk of Court IV (Clerk of Court ) in his absence;
2.2.2. Signs vouchers and checks;
2.2.3. Drafts office memoranda, circulars and orders for the signature of the Presiding Justice or Clerk of Court;
2.2.4. Conducts administrative investigations involving Court personnel and prepares reports and recommendations for submission to the Presiding Justice through the Clerk of Court;
2.2.5. Prepares replies to letters of inquiries from litigants and lawyers concerning cases filed with the Court or indorses them to the Division Clerks of Court;
2.2.6. Answers queries and provides information to the public and other government agencies regarding Court procedures and cases;
2.2.7. Signs trip tickets involving Court official vehicles; aESIDH
2.2.8. Signs monthly and weekly requisitions of Court offices;
2.2.9. Acts as Chairman of the Committee on Disposal of Unserviceable Properties, Transportation Committee and the Court of Appeals Performance Evaluation Review Committee and as Co-Chairman of the Uniform Committee;
2.2.10. Attends sessions en banc and drafts minutes of the proceedings;
2.2.11. Signs clearances of court personnel going on extended leaves or retiring personnel;
2.2.12. Administers affidavits executed by Court personnel on official matters as ex-officio Notary Public;
2.2.13. Assists the Clerk of Court in the general or administrative supervision of the administrative operation of the Court and personnel; and
2.2.14. Performs related work that may be assigned by the Presiding Justice or the Clerk of Court.
3. EXECUTIVE CLERK OF COURT III (DIVISION CLERK OF COURT)
3.1. Adjudicative Support Functions:
3.1.1. Attends Court hearings and prepares minutes of the proceedings;
3.1.2. Issues certificates of appearance to witnesses who testified in the court hearings; ECaScD
3.1.3. Prepares agenda of all pleadings for action by the Division;
3.1.4. Prepares notices to the parties in all cases pending before the Division;
3.1.5. Prepares and signs minute resolutions, entries of judgment, summonses, subpoenas, writs and other processes;
3.1.6. Takes charge of out-of-town hearings;
3.1.7. Issues certified true copies of Court decisions, resolutions and orders, while the original copies are with the Division, as well as warrants of arrest and other Court processes;
3.1.8. Acts as custodian of all exhibits offered during hearings conducted by the Division only on "Special Civil Cases"; and
3.1.9. Prepares annual report of disposition of cases by the Division.
3.2. Non-Adjudicative Functions:
3.2.1. Takes charge of court records of Special Cases pending decision before his division.
4. COURT REPORTER
4.1. Adjudicative Support Functions:
4.1.1. Keeps custody of the original copies of the decisions and final resolutions of the Court;
4.1.2. Publishes selected decisions and final resolutions in the Official Gazette and in the Court of Appeals Reports together with their syllabi in consultation with the ponente;
4.1.3. Prepares syllabi of all decisions and final resolutions of the Court that have become final and executory and distributes them to all members of the Court; aCSHDI
4.1.4. Distributes to the Justices copies of decisions of first impression and apparently conflicting decisions of the Court;
4.1.5. Brings to the attention of the Presiding Justice conflicting decisions of the Court; and
4.1.6. Issues certified copies of decisions and resolutions for the Clerk of Court.
4.2. Non-Adjudicative Functions:
4.2.1. Exercises supervision and control over his staff; and
4.2.2. Causes the binding of original copies of decisions and final resolutions of the Court.
5. CHIEF JUDICIAL STAFF OFFICER, JUDICIAL RECORDS DIVISION
5.1. Adjudicative Support Functions:
5.1.1. Takes charge of docketing all cases received by the Court;
5.1.2. Receives and reports to the Divisions concerned all pleadings and communications relative to the cases already filed;
5.1.3. Administers policies and procedures pertaining to docketing activities in accordance with the Rules of Court and other pertinent laws;
5.1.4. Signs all forms of notices issued in relation to appealed cases for the Clerk of Court;
5.1.5. Acts as custodian of all court records;
5.1.6. Issues certified true copies of entries of judgment for the Clerk of Court; and
5.1.7. Issues certified true copies of documents or exhibits under the custody of his division. EHSTcC
5.2. Non-Adjudicative Functions:
5.2.1. Exercises general supervision and control over all sections of the Judicial Records Division;
5.2.2. Coordinates the docketing records management activities of the different sections under him;
5.2.3. Plans and evaluates work programs for a systematic management of judicial records; and
5.2.4. Implements and carries out the instructions of the Presiding Justice and the Clerk of Court.
6. CHIEF JUDICIAL STAFF OFFICER, INFORMATION AND STATISTICAL DATA DIVISION
6.1. Non-Adjudicative Functions:
6.1.1. Attends to all inquiries personally and by telephone;
6.1.2. Collates from private secretaries the revised monthly accomplishment reports of Justices on cases assigned to them, both for completion and decision/resolution; and
6.1.3. Prepares and submits to the Office of the Court Administrator the monthly, quarterly, semi-annual and annual reports on the accomplishment of all the Justices relative to their caseload and case disposal.
7. CHIEF JUDICIAL STAFF OFFICER, LIBRARY SERVICES DIVISION
7.1. Non-Adjudicative Functions:
7.1.1. Accounts for all library books, equipment and materials, and signs clearances on book accountability of Justices, officials and employees of the Court; CcHDaA
7.1.2. Selects and supervises book acquisitions through donations and purchases of law books and library materials; and
7.1.3. Prepares an estimated report for an annual book budget and book technical processes.
8. CHIEF JUDICIAL STAFF OFFICER, CASH DIVISION
8.1. Non-Adjudicative Functions:
8.1.1. Releases salaries and wages of Justices, officials, employees, including casual and contractual employees of the Court; and
8.1.2. Supervises the preparation of reports of collections and the daily deposits with the Land Bank of the Philippines all monies, checks, money orders in the name and to the credit of the Court.
9. CHIEF JUDICIAL STAFF OFFICER, FISCAL MANAGEMENT AND BUDGET DIVISION
9.1. Non-Adjudicative Functions:
9.1.1. Assists management in the presentation of the Court's budgetary estimates before administrative and legislative bodies;
9.1.2. Provides fund estimates in support of the Court's operations, plans and programs; and
9.1.3. Directs the control of allotments released by the Department of Budget and Management.
10. CHIEF JUDICIAL STAFF OFFICER, GENERAL SERVICES DIVISION
10.1. Non-Adjudicative Functions:
10.1.1. Checks on the progress of ongoing constructions, renovations and repair works in the Court; SETAcC
10.1.2. Supervises the janitorial agency that maintains the cleanliness of the Court's public areas;
10.1.3. Prepares the hearing rooms, session hall and auditorium for official functions; and
10.1.4. Sends out, by mail or personal deliveries, court decisions, notices and processes brought to it by the Judicial Records Division, Division Clerks of Court and other offices of the Court.
11. CHIEF JUDICIAL STAFF OFFICER, HUMAN RESOURCE MANAGEMENT DIVISION
11.1. Non-Adjudicative Functions:
11.1.1. Attends to personnel actions, such as recruitment, appointment, promotion, transfer, re-employment, detail, demotion, separation and retirement of all officials and employees of the Court; and
11.1.2. Prepares the plantilla of the Court, Notice of Salary Adjustment and Step Increment.
12. CHIEF JUDICIAL STAFF OFFICER, MANAGEMENT AUDIT DIVISION
12.1. Non-Adjudicative Functions:
12.1.1. Consolidates and analyzes audit working papers;
12.1.2. Prepares audit reports to the Presiding Justice and/or Clerk of Court; and
12.1.3. Reviews and signs all audited vouchers and inspection reports.
13. CHIEF JUDICIAL STAFF OFFICER, PROPERTY AND SUPPLY MANAGEMENT DIVISION
13.1. Non-Adjudicative Functions:
13.1.1. Prepares abstract of quotation, requisition and issue voucher (RIV) and purchase order if needed to be signed by the Presiding Justice or his authorized official and other signatories; DcITaC
13.1.2. Accepts supplies/equipment subject for inspection by the Management and Audit Division;
13.1.3. Conducts regular and annual inventory of all supplies and property of the Court; and
13.1.4. Supervises the maintenance/repairs of the Court of Appeals' cottages in Baguio City and the administration building.
14. CHIEF JUDICIAL STAFF OFFICER, MEDICAL AND DENTAL CLINIC DIVISION
14.1. Non-Adjudicative Functions:
14.1.1. Conducts medical and minor surgical treatment; annual physical examination and mental examination prior to employment, including issuance of medical certificates;
14.1.2. Renders laboratory work-ups;
14.1.3. Conducts dental services to all officials and employees of the Court; and
14.1.4. Undertakes periodic laboratory blood examinations of all officials and employees of the Court.
15. CHIEF JUDICIAL STAFF OFFICER, ACCOUNTING DIVISION
15.1. Non-Adjudicative Functions:
15.1.1. Directs and supervises accounting activities;
15.1.2. Gives technical advice on financial matters; and
15.1.3. Submits financial statements and reports. TaDSHC
E. Case Flow Charts
1. ORDINARY APPEALED CASES (CIVIL AND CRIMINAL)
2. SPECIAL CASES
F. Forms
1. CERTIFICATION RE: MINUTES, TRANSCRIPTS AND EXHIBITS
Republic of the Philippines
COURT OF APPEALS
Manila
CERTIFICATE
I hereby certify that the minutes and transcripts in this case have been submitted, verified and are complete.
Clerk-in-Charge of Checking
CERTIFICATE
I hereby certify that all the exhibits submitted in this case have been checked, found to be complete and are attached to the original records of this case.
Clerk-in-Charge of Checking
CERTIFICATE
I hereby certify that all the transcripts, minutes as well as exhibits in this case have been filed and are attached to the records. ScHAIT
Chief
2. NOTICE TO FILE BRIEF
Republic of the Philippines
COURT OF APPEALS
Manila
| __________________________ | CA-G.R. ____ No. __________ |
| __________________________ | Regional Trial Court _________ |
| __________________________ | __________________________ |
| __________________________ | R.T.C. No. _________________ |
| Plaintiff-Appell___ | |
| - VERSUS - | |
| __________________________ | RE _______________________ |
| __________________________ | __________________________ |
| __________________________ | __________________________ |
| __________________________ | __________________________ |
| Defendant-Appell___ | |
| _________________ |
Sir/Madam:
Pursuant to the Supreme Court en banc Resolution dated November 24, 2002 re Bar Matter No. 209 — In the Matter of the Amendment and/or Clarification of Various Supreme Court Rules and Resolutions, you are hereby required to file with this Court within forty-five (45) days from receipt of this notice, SEVEN (7) copies of Appellants Brief which shall either be typewritten on good quality, unglazed paper, or mimeographed or printed on newsprint or mimeograph paper, 11 inches in length by 8 1/2 inches in width or 13 inches in length by 8 1/2 inches in width. There shall be a margin at the top and at the left-hand side of each page not less than 1 1/2 inches in width. The contents shall be written double-spaced and only one side of the page shall be used. Legible copies of the assailed decision of the Trial Court and proof of service of two copies upon the appellee/s shall be attached in said Brief.
The Records of the case are now complete and are at disposal in the Judicial Records Division (Civil Records Section) of this Court for the preparation of the required briefs.
Copy furnished:
Very truly yours,
Clerk of Court
By:
Chief, Judicial Records Division
3. NOTICE TO FILE MEMORANDA IN LIEU OF BRIEF
Republic of the Philippines
COURT OF APPEALS
Manila
Date: ________________
CA-G.R. SP No. ___________________________________________ ___________________________________________
Sir/Madam:
You are hereby notified that all the evidence, oral and documentary, presented in the above-entitled case are already attached to the records and the same are at your disposal in this Office. DCcHIS
Pursuant to Resolution No. 231 of this Court en banc and Supreme Court Circular No. 22-92, which took effect on June 1, 1992, you are hereby required to file in lieu of briefs, your respective memoranda within a non-extendible period of thirty (30) days from receipt hereof.
Failure of the PETITIONER(S)/RESPONDENT(S)/APPELLANT(S) to comply with this rule may be a ground for dismissal of the appeal. However, the case shall be deemed submitted for decision with or without memorandum from the PETITIONER(S)/RESPONDENT(S)/APPELLEE(S) after the lapse of the thirty-day period.
Very truly yours,
Clerk of Court
By:
Chief, Judicial Records Division
4. NOTICE TO FORWARD PROOF OF SERVICE
Republic of the Philippines
COURT OF APPEALS
Manila
___________________
________________________
RE: CA-G.R. No. _____________
Sir/Madam:
You are hereby required to forward to this Court within FIVE (5) days from receipt hereof the PROOF OF RECEIPT (Registry Return Card/Postmaster's Certification) of a copy of the brief served upon __________________________________________ showing the date when counsel for the appellee/appellant received copy of the brief for the purpose of computing the period in the filing of the _____________________ brief. AIECSD
Very truly yours,
Clerk of Court
By:
Chief, Judicial Records Division
5. TRACER (JUDICIAL RECORDS DIVISION)
Republic of the Philippines
COURT OF APPEALS
Manila
___________________
TRACER
THE POSTMASTER — reg. mail w/c
RE: ____________________
vs. ____________________
CA-G.R. No. ____________________
Sir:
Please inform this Office within ten (10) days from receipt hereof, whether registered letter no. _______ which was mailed at ______ on _____________ and addressed to ____________________ has been delivered to the addressee and the date of delivery; if, however, said registered letter is still in your possession unclaimed by the addressee, notwithstanding the required number of notices you sent him/her, you are hereby directed to return said letter to this Office within the same number of days as above-stated.
Your immediate compliance is required.
Very truly yours,
Clerk of Court
By:
Chief, Judicial Records Division
(Please use this space for the requested information)
RE: CA-G.R. No. ________ Docket ______________
ENTITLED AS: _________________________________________
vs. _________________________________________
The Clerk of Court
COURT OF APPEALS
Manila
Attn.: Chief, Judicial Records Division
Sir:
In connection with your inquiry, I hereby certify that registered letter no. ________________________________________
Very truly yours,
6. REQUEST FOR INFORMATION RE: STATUS OF CASES REMANDED FOR RETAKING OF TESTIMONIES
Republic of the Philippines
COURT OF APPEALS
Manila
___________________
THE CLERK OF COURT — Reg./Per.
____________________________
Sir/Madam:
Information is requested as to the status of Civil/Criminal Case, CA-G.R. No. _____________ entitled ____________________ versus _________________________ (RTC No. ______________), the records of which were remanded to that Court on ____________ for the retaking of the testimonies of witnesses covered by the untranscribed stenographic notes of stenographer/s ________________________________.
Failure to hear from you within FIVE (5) days from receipt hereof will constrain us to report the matter to the Court for appropriate action. EHCcIT
Please be guided accordingly.
Very truly yours,
Clerk of Court
By:
Chief, Judicial Records Division
7. AGENDA
Republic of the Philippines
COURT OF APPEALS
Manila
DIVISION
AGENDA
__________
CA-G.R. No. _______ & ________________ vs. _______________
ANTECEDENT FACTS:
SUBJECT MATTER:
REMARKS:
ORDER:
_______________________________ J, (Ponente)_______________________________ J,
Respectfully,
Division Clerk of Court
8. NOTICE OF HEARING
Republic of the Philippines
COURT OF APPEALS
Manila
|
_________________________
|
CA-G.R. No. _______________
|
|
- versus -
|
|
|
__________________________
|
|
NOTICE OF HEARING
Hearing on the __________________ is set on ____________ at ______________________. Notify the parties and counsel of this resolution.
SO ORDERED.
_____________________
| WE CONCUR: | |
|
_____________________
|
_____________________
|
9. SUMMONS
Republic of the Philippines
COURT OF APPEALS
Manila
|
__________________________
|
CA-G.R. No. _______________
|
|
- versus -
|
|
|
________________________
|
|
SUMMONS
To:
GREETINGS:
WHEREAS, on _________________ the ________ Division of this Court promulgated a resolution giving due course to the petition for _________________ (copies already furnished you by the petitioners) and directing the Division Clerk of Court to issue summons on the respondents. aCcEHS
NOW THEREFORE, YOU, the respondents, are hereby required to file your respective answers to the petition within fifteen (15) days from notice hereof, otherwise, the petitioner may take judgment by default.
WITNESS, the Honorable __________________ (Chairman), Honorable __________________ and Honorable ________________, this _____ day of ____________ at the Court of Appeals, Manila, Philippines.
Very truly yours,
Division Clerk of Court
Copy furnished:
10. CARTILLA OF HEARING TSacAE
Republic of the Philippines
COURT OF APPEALS
Manila
HEARING : CA-G.R. No.
DATE :
TIME :
PLACE :
For Petitioner:
______________________
For Respondent:
______________________
The Presiding Judge ______________________
Division Clerk of Court
Republic of the Philippines
COURT OF APPEALS
Manila
|
J. _________________
|
CA-G.R. No. ______________
|
|
|
J. _________________
|
|
|
|
J. _________________
|
|
|
| * Ponente |
|
|
|
Received copy of Cartilla
|
________________________
|
|
|
|
Office of J. _________
|
|
|
Received copy of Cartilla
|
________________________
|
|
|
|
Office of J. _________
|
|
|
Received copy of Cartilla
|
________________________
|
|
|
|
Office of J. _________
|
|
|
Received copy of Cartilla
|
________________________
|
|
|
|
Office of the Clerk of Court
|
|
|
Received copy of Cartilla
|
________________________
|
|
|
|
GUARD
|
|
|
Received copy of Cartilla
|
________________________
|
|
|
|
STENOGRAPHER
|
11. SUBPOENA AD TESTIFICANDUM
Republic of the Philippines
COURT OF APPEALS
Manila
|
_________________________
|
|
|
- versus -
|
ADM. CASE No. _____________
|
|
_________________________
|
|
SUBPOENA AD TESTIFICANDUM
TO:
GREETINGS:
You are hereby commanded to appear before the Honorable _____________________, Associate Justice of the Court of Appeals, at _____ a.m./p.m. on _________________________, at his/her Chambers at this Court, Ermita, Manila, then and there to testify in connection with this Administrative Case.
FAIL NOT UNDER PENALTY OF LAW.
WITNESS the Honorable ____________________, Associate Justice, this _____ day of __________________.
Division Clerk of Court
12. SUBPOENA DUCES TECUM IAcTaC
Republic of the Philippines
COURT OF APPEALS
Manila
|
_________________________
|
|
|
Complainant,
|
|
|
- versus -
|
ADM. CASE No.
|
|
_________________________
|
|
|
Respondent.
|
|
SUBPOENA DUCES TECUM
TO:
GREETINGS:
You are hereby commanded to appear before the Honorable ___________________ at his/her Chambers at the Court of Appeals, Ermita, Manila on ____________________, at _______ o'clock in the morning/afternoon then and there to testify in the scheduled hearing of this Administrative Case, bringing with you the _______________ corresponding to the period ___________________.
YOU ARE HEREBY WARNED THAT FAILURE TO COMPLY WITH THIS SUBPOENA MAY BE CONSTRUED AS CONTEMPT OF COURT AND PENALIZED ACCORDINGLY.
WITNESS the Honorable _________________, Investigating Justice, this ______ day of _____________________.
Division Clerk of Court
13. CERTIFICATION OF APPEARANCE
Republic of the Philippines
COURT OF APPEALS
Manila
|
_________________________,
|
|
|
- versus -
|
CA-G.R. _______ No.
|
|
_________________________,
|
|
CERTIFICATION
This is to certify that _____________________, appeared at the scheduled hearing of this case on _________________, regarding ________________________. aASDTE
This certification is issued at the request of _______________ for whatever legal purpose it may serve him.
Issued at the Court of Appeals, this _____ day of __________.
Division Clerk of Court
14. MINUTE RESOLUTION
Republic of the Philippines
COURT OF APPEALS
Manila
Sir:
Quoted hereunder for your information, is a resolution of this Court (_____________________ DIVISION) dated ____________.
CA-G.R. _____ No. ____________
Upon motion by ________________, the Court RESOLVED TO GRANT him/her/them an _______________ period/extension of _________-days from _______________________ within which to file his/her/their ______________.
WITNESS the Honorable ___________________, Chairman, Honorable ________________________ and the Honorable _______________________, Members, this ______ day of _______________________.
Very truly yours,
Division Clerk of Court
15. NOTICE OF RESOLUTION/DECISION ADCIca
Republic of the Philippines
COURT OF APPEALS
Manila
|
_________________________,
|
|
|
- versus -
|
CA-G.R. _______ No.
|
|
_________________________,
|
|
NOTICE OF RESOLUTION/DECISION
Sir/Madam:
Please take notice that on ___________________________, a RESOLUTION/DECISION, copy attached, was rendered by the _____________ DIVISION, Court of Appeals, on the above-entitled case, the original copy of which is on file with this Office.
You are hereby required to inform this Court under oath within five (5) days from receipt hereof, of the date when you received this notice and a copy of the Resolution/Decision.
Very truly yours,
Division Clerk of Court
Copy furnished:
16. WRIT OF EXECUTION
Republic of the Philippines
COURT OF APPEALS
Manila
|
_________________________,
|
|
|
- versus -
|
CA-G.R. _______ No.
|
|
_________________________,
|
|
WRIT OF EXECUTION
TO:
GREETINGS:
WHEREAS, on ________________, the ________ Division of this Court promulgated a judgment approving __________________, the dispositive portion of which reads as follows: HICATc
NOW THEREFORE, YOU, the Branch Sheriff are hereby ordered to immediately enforce and implement the terms and conditions stipulated in this Court's Decision dated ____________ as follows:
and to make a return of your proceedings under this Writ within a period of twenty (20) days from receipt hereof.
FAIL NOT UNDER PENALTY OF LAW.
WITNESS, the Honorable ___________________, Chairman, and Honorable _________________________, Associate Justices of the Court of Appeals, this ______ day of _____________________.
Division Clerk of Court
Copy furnished:
17. ORDER OF RELEASE UPON BOND
Republic of the Philippines
COURT OF APPEALS
Manila
NO. __________
|
PEOPLE OF THE PHILIPPINES,
|
CA-G.R. ____ No. ___________
|
|
Plaintiff-Appellee,
|
No. ______ of the Regional Trial
|
|
|
Court of ___________________
|
|
- versus -
|
__________________________
|
|
___________________________
|
For: _______________________
|
|
Accused-Appellant.
|
|
ORDER OF RELEASE UPON BOND
GREETINGS:
WHEREAS, this Court (______________ CRIMINAL CASES DIVISION) on this ______ day of _______________, passed a resolution in the above-entitled case, to wit: SDATEc
NOW, THEREFORE, in accordance with said resolution, you are hereby commanded to immediately release from confinement said appellant, ________________ unless there is any other cause for which he should continue to be detained, and to return this order with a certificate of your proceedings.
GIVEN by the Honorable ____________________, Chairman, ______________________ and ____________________, Associate Justices of the Court of Appeals, Manila, this _____ day of _________________.
Division Clerk of Court
Copy furnished:
18. ORDER OF RELEASE EcHTCD
Republic of the Philippines
COURT OF APPEALS
Manila
NO. __________
| PEOPLE OF THE PHILIPPINES, | CA-G.R. CR No. ____________ |
|
Plaintiff-Appellee,
|
No. ______ of the Regional Trial |
|
|
Court of ___________________ |
|
- versus -
|
|
|
___________________________
|
|
|
Accused-Appellant.
|
ORDER OF RELEASE
GREETINGS:
WHEREAS, on the _______ day of ___________________, a decision was rendered in the above-entitled case, the dispositive part of which reads as follows:
NOW, THEREFORE, you are hereby ordered to release immediately the herein accused-appellant _____________________ unless there is any other cause for which he should continue to be detained, furnishing this Office with a certificate of your proceedings.
GIVEN by the Honorable ____________________, Chairman, ______________________ and ____________________, Associate Justices of the Court of Appeals, this ____ day of _______________.
Division Clerk of Court
Copy furnished:
19. TRACER (DIVISION CLERK OF COURT)
Republic of the Philippines
COURT OF APPEALS
Manila
|
The Postmaster — reg. w/c
|
______________________
|
|
______________________
|
|
Sir/Madam:
Upon instruction of the Court, you are hereby required to inform this Court within ten (10) days from receipt hereof, as to the exact date when registered letter no. _________ posted at Central Post Office, Manila on ______________, and addressed to _______________________________ at ___________________ was delivered to and received by said addressee. EAHcCT
If, despite service of the regulatory three (3) notices, the said registered letter is unclaimed by the addressee and is in your possession, you are directed to return said mail to this office within the same period of ten (10) days, together with your certification of the date when the first notice was sent to and received by said addressee.
A letter form printed hereunder may be used for the return requested herein.
Your immediate compliance is enjoined with WARNING that UNDUE DELAY may constitute contempt of court.
Very truly yours,
Clerk of Court
By:
Division Clerk of Court
Division Clerk of Court
Court of Appeals, Manila
RE: CA-G.R. ___ No. __________
Madam:
In reply to your letter dated ________________ and having reference to registered letter no. ____________ addressed to __________________ at ___________________, please be informed that:
1. Said letter was delivered to and received by _______________ on _____________________. CSIDEc
2. Said letter has been unclaimed by the addressee and is herewith returned with the certification that the first notice was sent to and received by ___________________ on __________________.
Very truly yours,
20. ENTRY OF JUDGMENT
Republic of the Philippines
COURT OF APPEALS
Manila
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_________________________
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CA-G.R. ____ No. ________
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- versus -
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No. ____________________
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of _____________________
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_________________________
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ENTRY OF JUDGMENT
This is to certify that on _______________________, a decision/resolution rendered in the above-entitled case was filed in this Office, the dispositive part of which reads as follows:
and the same has, on ______________________, became final and executory and is hereby recorded in the Book of Entries of Judgments.
Clerk of Court
By:
____________________
21. ELEVATION OF RECORDS TO THE SUPREME COURT
Republic of the Philippines
COURT OF APPEALS
Manila
____________________
The Clerk of Court
Supreme Court
Manila
Sir:
Pursuant to the resolution/decision of this Court dated ________________, in CA-G.R. ____ No. ___________, entitled _______________________ vs. _____________________, we are forwarding herewith _________________________ the records of the case consisting of the following: cETDIA
| 1. | ________________ Rollo ________ pages | |
| 2. | ________________ Folder of exhibits _______ pages | |
| 3. | ________________ Folder of original record ____ pages | |
| 4. | ________________ Original and _______ copies | |
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TSN
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| 5. | Others: |
________________________________
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________________________________
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________________________________
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________________________________
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Copy furnished:
Very truly yours,
Clerk of Court
By:
Chief, Archives Section
22. CERTIFICATION RE: PLAIN CERTIFIED PHOTO COPY OF ENTRY OF JUDGMENT AND LETTER OF TRANSMITTAL
Republic of the Philippines
COURT OF APPEALS
Manila
I, ______________________, Clerk of Court of the Court of Appeals, do hereby certify that I have examined the herein document, to wit:
NOTE: This certification is not valid without the signature of the Proofreaders and Verifiers as well as the seal of the Court in each page of this document. cAIDEa
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the seal of this Court, this ____ day of _______________.
Clerk of Court
By:
Chief, Archives Section
| Documentary Stamp |
Proofread and Verified by:
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| Paid: |
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| O.R. Nos. _________________ & |
________________________
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_________________
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| Date: _____________________ |
________________________
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| Issued upon the request of: |
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| __________________________ |
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23. REPORT ON CASES DECIDED AND APPEALED TO AND DECIDED BY THE SUPREME COURT
Republic of the Philippines
COURT OF APPEALS
Manila
REPORT ON CASES DECIDED BY ________________ (PONENTE) APPEALED TO AND DECIDED BY THE SUPREME COURT
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CA-G.R.
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DATE OF
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SC-G.R. No.
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ACTION
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DATE OF
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No.
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DEC./RES.
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TAKEN
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DEC./RES.
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24. LETTER OF TRANSMITTAL
Republic of the Philippines
COURT OF APPEALS
Manila
____________________
The Clerk of Court
_______________________
Sir:
Please find enclosed herewith the records of case CA-G.R. ___ No. ______________________________________ of that Court __________________________ vs. ___________________________ together with a copy of the ________________________ rendered in said case promulgated on ______________________ and the CA/SC ENTRY OF JUDGMENT dated _____________. Said records consist of the following: TEHDIA
EXHIBITS
ORIGINAL RECORD ON APPEAL
ORIGINAL RECORD
TRANSCRIPT OF STENO. NOTES
OTHERS
Very truly yours,
Copy furnished:
Clerk of Court
By:
Chief, Archives Section
Received from the Court of Appeals, Manila, the records of the above mentioned case as stated herein.
____________________________
___________________________
(Please return to this Court the carbon copy of this transmittal to serve as acknowledgment receipt.)
25. MONTHLY REPORT OF CASES (OFFICES OF THE JUSTICES)
Republic of the Philippines
COURT OF APPEALS
Manila
JUDICIAL DATA & STATISTICS
Office of Justice ________
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CASES FOR
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CASES
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COMPLETION
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SUBMITTED
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OF RECORDS
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FOR
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DECISION
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| I. | INPUT |
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| A. | Number of cases pending |
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| at the beginning of the month |
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| 1. | Civil Cases |
____________
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____________
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| 2. | Criminal Cases |
____________
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____________
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| 3. | Special Cases |
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| a. | Original action |
____________
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____________
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| b. | On appeal |
____________
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____________
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| B. | Number of cases raffled to |
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| the Justice during the month |
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| 1. | Civil Cases |
____________
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____________
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| 2. | Criminal Cases |
____________
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____________
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| 3. | Special Cases |
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| a. | Original action |
____________
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____________
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| b. | On appeal |
____________
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____________
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| C. | Number of cases |
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| reinstated or revived |
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| 1. | Civil Cases |
____________
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| 2. | Criminal Cases |
____________
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| 3. | Special Cases |
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| a. | Original action |
____________
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| b. | On appeal |
____________
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| C. n | Number of Special Cases |
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| (original actions) submitted |
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| for decision (records completed) |
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| during the month |
____________
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| TOTAL INPUT |
____________
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____________
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CASES FOR
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CASES
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COMPLETION
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SUBMITTED
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OF RECORDS
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FOR
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DECISION
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| II. | OUTPUT |
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| A. | Number of cases for |
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| re-raffle (for study and |
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| report) |
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| 1. | Civil Cases |
____________
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| 2. | Criminal Cases |
____________
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| 3. | Special Cases |
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| a. | Original action |
____________
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| b. | On appeal |
____________
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| B. | Number of cases disposed |
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| of by Resolution |
____________
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| 1. | Civil Cases |
____________
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| 2. | Criminal Cases |
____________
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| 3. | Special Cases |
____________
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| a. | Original action |
____________
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| b. | On appeal |
____________
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| C. | Number of cases disposed |
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| of by Decision |
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| 1. | Civil Cases |
____________
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| 2. | Criminal Cases |
____________
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| 3. | Special Cases |
____________
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| a. | Original action |
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____________
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| b. | On appeal |
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____________
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| TOTAL OUTPUT |
____________
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____________
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| III. | SUMMARY |
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| A. | NUMBER OF CASES |
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| PENDING AT THE END |
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| OF THE MONTH |
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| 1. | Civil Cases |
____________
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____________
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| 2. | Criminal Cases |
____________
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____________
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|
|||
| 3. | Special Cases |
____________
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____________
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|
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| a. | Original action |
____________
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____________
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|
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| b. | On appeal |
____________
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____________
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| TOTAL PENDING |
____________
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____________
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| B. | NUMBER OF JUDICIAL OUTPUT |
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BY
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BY
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TOTAL
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DECISION
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RESOLUTION
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|||||
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OF DISMISSAL
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| 1. | Civil Cases |
__________
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_____________
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_______
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| 2. | Criminal Cases |
__________
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_____________
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_______
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| 3. | Special Cases |
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| a. | Original action |
__________
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_____________
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_______
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| b. | On appeal |
__________
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_____________
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_______
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| TOTAL OUTPUT |
__________
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_____________
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_______
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Submitted by:
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||||||
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____________________
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| Noted by: |
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| _____________________ |
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26. REQUEST FORM RE: PLAIN CERTIFIED PHOTO COPY OF DECISION/RESOLUTION (COURT REPORTER)
Republic of the Philippines
COURT OF APPEALS
Manila
_____________________
The Clerk of Court
Court of Appeals
Manila
RE: CA-G.R. ___ NO. ________________
Sir/Madam:
The undersigned respectfully requests for a plain/certified photo copy of the Decision/Resolution of the Court of Appeals dated ____________________ in the above-entitled case.
Purpose/s: _____________________________________
Thank you.
Very respectfully,
_______________________ (Print Name & Sign)
ADDRESS:
TEL. NO. _______________
27. CERTIFICATION RE: PLAIN/CERTIFIED PHOTO COPY OF DECISION/RESOLUTION TEcCHD
Republic of the Philippines
COURT OF APPEALS
Manila
I, ________________________, Clerk of Court of the Court of Appeals, do hereby that I have examined the herein document, to wit:
NOTE: This certification is not valid without the signatures of the proofreaders, verifier and the certifying officer as well as the seal of the Court on each and every page of this document.
That the same has been compared with the Original on file in this Office, and that the same is a true and correct copy thereof. SaIHDA
IN WITNESS WHEREOF, I have hereunto signed my name and affixed the seal of this Court, this _____ day of ______________.
Clerk of Court
By:
Court Reporter
| P15.00 Documentary Stamp | |
| Attached to the Original | Verified with the Original in the |
| Custody of the Reporter's Division | |
| by: ______________ | |
| PAID: | |
| O.R. Nos. ________ &________ | Proofread by: |
| DATE: ____________________ | ____________________________ |
| ____________________________ | |
| Issued upon the request of: | |
| ___________________________ | |
| ___________________________ |
CHAPTER IV
Sandiganbayan
A. Organizational Chart
B. Jurisdiction
1. Exclusive Original Jurisdiction 1
The Sandiganbayan exercises exclusive original jurisdiction in all cases involving:
1.1. Violations of Rep. Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Rep. Act No. 1379 and Chapter II, Sec. 2, Title VII, Book II of the Rev. Penal Code, where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense:
1.1.1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as grade "27" and higher, of the Compensation and Position Classification Act of 1989 (Rep. Act No. 6758), specifically including:
1.1.1.1. Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial treasurers, assessors, engineers and other provincial department heads;
1.1.1.2. City mayors, vice mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers and other city department heads;
1.1.1.3. Officials of the diplomatic service occupying the position of consul and higher;
1.1.1.4. Philippine army and air force colonels, naval captains and all other officers of higher rank;
1.1.1.5. Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior superintendent or higher; DScTaC
1.1.1.6. City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and Special Prosecutor; and
1.1.1.7. Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational institutions or foundations.
1.1.2. Members of Congress and officials thereof classified as grade "27" and up under the Compensation and Position Classification Act of 1989 (Rep. Act No. 6758);
1.1.3. Members of the Judiciary without prejudice to the provisions of the Constitution;
1.1.4. Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution; and
1.1.5. All other national and local officials classified as grade "27" and higher under the Compensation and Position Classification Act of 1989 (Rep. Act No. 6758).
1.2. Violations of the Law on Plunder (Rep. Act 7080) and the Anti-Money Laundering Act of 2001 (Rep. Act 9160) committed by public officers and private persons who are in conspiracy with such public officers;
1.3. Other offenses or felonies whether simple or complexed with other crimes committed by the aforementioned public officials and employees in relation to their office;
1.4. Civil and Criminal cases filed pursuant to and in connection with Executive Orders Nos. 1, 2, 14 and 14-A issued in 1986; and
1.5. Petitions for the issuance of writs of mandamus, prohibition, certiorari, habeas corpus, injunction and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos. 1, 2, 14 and 14-A issued in 1986: Provided, That the jurisdiction over these petitions shall not be exclusive of the Supreme Court. cSEaDA
In case private individuals are charged as co-principals, accomplices or accessories with the public officers or employees, including those employed in government-owned or controlled corporations, they shall be tried jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction over them. 2
Any provisions of the law or Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability shall, at all times be simultaneously instituted with, and jointly determined in, the same proceeding by the Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such civil action separately from the criminal action shall be recognized: Provided, however, That where the civil action had heretofore been filed separately but judgment therein has not yet been rendered, and the criminal case is hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall be transferred to the Sandiganbayan or the appropriate court as the case may be, for consolidation and joint determination with the criminal action, otherwise the separate civil action shall be deemed abandoned. 3
2. Exclusive Appellate Jurisdiction
The Sandiganbayan exercises exclusive appellate jurisdiction over appeals from final judgments, resolutions or orders of regional trial courts, whether in the exercise of their own original jurisdiction or of their appellate jurisdiction, in cases where none of the accused are occupying positions corresponding to salary grade "27" or higher, or military and Philippine National Police (PNP) officers mentioned in Sec. 4, par. (a) of Pres. Decree No. 1606, as amended.
C. Qualifications of Officers
The Sandiganbayan has one (1) Executive Clerk of Court IV and five (5) Executive Clerks of Court III. They are appointed by the Supreme Court upon recommendation of the Court en banc of the Sandiganbayan.
1. Executive Clerk of Court IV 4
| Education | - | Bachelor of Laws |
| Experience | - | Ten (10) years or more in the practice of law or has been Clerk of Court or Deputy Clerk of Court of a Regional Trial Court or its equivalent for the same period of time. |
| Training | - | Thirty-two (32) hours of relevant training in management and supervision. |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
2. Executive Clerk of Court III 5
| Education | - | Bachelor of Laws |
| Experience | - | Five (5) years or more in the practice of law or has been Clerk of Court or Deputy Clerk of Court of a Regional Trial Court or its equivalent for the same period of time. |
| Training | - | Thirty-two (32) hours of relevant training in management and supervision. |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
3. Director III formerly Legal Officer pursuant to National Compensation Circular No. 56 6
| Education | - | Bachelor of Laws |
| Experience | - | Three (3) years of supervisory experience |
| Training | - | None required |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
4. Division Chiefs
4.1. Sandiganbayan Chief Judicial Staff Officer, 7 Judicial Records Division
| Education | - | Bachelor's Degree |
| Experience | - | Five (5) years of relevant experience |
| Training | - | Thirty-two (32) hours of relevant training |
| Eligibility | - | Career Service (Professional) and Second Level Eligibility |
4.2. Sandiganbayan Chief Judicial Staff Officers, 8 Administrative Division
| Education | - | Bachelor's Degree |
| Experience | - | Five (5) years of relevant experience |
| Training | - | Thirty-two (32) hours of relevant training |
| Eligibility | - | Career Service (Professional) and Second Level Eligibility |
4.3. Sandiganbayan Chief Judicial Staff Officer, 9 Budget and Finance Division
| Education | - | Bachelor's Degree |
| Experience | - | Five (5) years of relevant experience |
| Training | - | Thirty-two (32) hours of relevant training |
| Eligibility | - | Career Service (Professional) and Second Level Eligibility |
4.4. Security Officer III (Chief, Security and Sheriff Services)
| Education | - | Bachelor's Degree |
| Experience | - | Two (2) years of relevant experience |
| Training | - | Eight (8) hours of relevant training |
| Eligibility | - | Career Service (Professional) and Second Level Eligibility |
D. Functions and Duties of Officers
1. Executive Clerk of Court IV
1.1. Adjudicative Support Functions
1.1.1. Issues certified true machine copies of decisions, resolutions and orders of the court including warrants of arrest; and
1.1.2. In the absence of one of the Executive Clerks of Court III, attends court hearing, prepares minutes of the proceedings, signs certificates of appearance to witnesses, signs subpoenas, notices of hearing and other Court processes.
1.2. Non-Adjudicative Functions
1.2.1. Exercises general or administrative supervision over subordinate officials and employees of the Court, except those belonging to the staff of the individual Justices;
1.2.2. Takes charge of the administrative operations of the Court;
1.2.3. Issues and signs certificates of clearances to all requesting parties;
1.2.4. Signs payrolls, checks and requisition and issue vouchers;
1.2.5. Signs contracts involving the Sandiganbayan Court as authorized by the Presiding Justice;
1.2.6. Issues and signs office memoranda and office orders pertaining to Court officials and employees;
1.2.7. Provides information to the public and other government agencies; AIHDcC
1.2.8. Assists the Court in the latter's relationship with the public and private agencies including bar associations and appellate judicial administrative agencies;
1.2.9. Signs all requests for photocopying and prepares orders of payments;
1.2.10. Coordinates with the Budget and Finance Divisions in the preparation of the Sandiganbayan budget;
1.2.11. Prepares reports as may be required by the Presiding Justice;
1.2.12. Signs applications for salary, policy and Pag-IBIG loans;
1.2.13. Signs clearances of employees for retirement purposes;
1.2.14. Sits as member of the Committee on Selection and Promotion Board; and
1.2.15. Performs related work assigned by the Court through the Presiding Justice from time to time.
2. Executive Clerk of Court III
2.1. Adjudicative Support Functions
2.1.1. Attends Court hearings daily and prepares minutes of the proceedings;
2.1.2. Issues Certificates of Appearance to witnesses who testified in the court hearings;
2.1.3. Prepares daily court calendar;
2.1.4. Prepares and signs notices to the parties in all cases pending before the Division;
2.1.5. Prepares and signs writs of execution; DEICaA
2.1.6. Takes charge of out-of-town hearings; and
2.1.7. Issues certified true machine copies of Court decisions, resolutions and orders, as well as warrants of arrest and other Court processes.
2.2. Non-Adjudicative Functions
2.2.1. Acts as custodian of all exhibits offered by the party litigants;
2.2.2. Takes charge of all court records pending before his division;
2.2.3. Signs letters requiring bondsmen to confirm surety bonds issued;
2.2.4. Signs letters to the Bureau of Immigration and Deportation (BID) giving particulars of the accused relative to the Hold-Departure Orders issued;
2.2.5. Prepares monthly and annual reports on the status of cases pending before it for submission to the Supreme Court and the Sandiganbayan Statistics Section;
2.2.6. Prepares monthly calendars for the Justices, Prosecutors and stenographers;
2.2.7. Keeps custody of records and conducts regular physical inventories of the records;
2.2.8. Checks insufficiencies/compliance with the rules and requirements laid down by the Supreme Court with respect to surety bonds;
2.2.9. Communicates with the different Clerks of Court of the Regional Trial Courts in the provinces regarding deficiencies/defects of property bonds approved by the Judges;
2.2.10. Under general supervision, assists the Executive Clerk of Court IV in the performance of his duties and responsibilities; and DHEACI
2.2.11. Does related tasks as may from time to time be assigned by the Justice of his division.
3. Director III (Legal Officer)
3.1. Adjudicative Support Functions
3.1.1. Provides the Court with a retrieval system of jurisprudential information, statute data, extra-legal research materials and case notes; and
3.1.2. Plans, coordinates and reviews research studies.
3.2. Non-Adjudicative Functions
3.2.1. Exercises supervision and control over all Attorneys and Researchers;
3.2.2. Receives and compiles the original copies of all decisions and reasoned resolutions handed down by the Court in book-bound form patterned after the Philippine Reports of the Supreme Court and the Court of Appeals Reports;
3.2.3. Conducts formal investigations of administrative charges against Court employees when so directed;
3.2.4. Undertakes continuing studies on various legal matters;
3.2.5. Represents the Court in any litigation before any judicial, quasi-judicial or administrative body or tribunal;
3.2.6. Prepares and reviews contracts, deeds and other instruments where the interest of the Court is involved;
3.2.7. Prepares, in consultation with the writer of the decision, a syllabus of the ruling of the Court and prefixes the same to each case;
3.2.8. Proofreads and certifies copies of decisions and resolutions of the Court; and
3.2.9. Performs other related tasks. EHSTDA
4. Division Chiefs
4.1. Sandiganbayan Chief Judicial Staff Officer, Judicial Records Division
4.1.1. Adjudicative Support Functions
4.1.1.1. Receives and dockets all cases filed with the Court;
4.1.1.2. Receives and forwards to the Divisions concerned all pleadings and communications relative to cases raffled to each;
4.1.1.3. Supervises the raffle of the cases every week in the presence of the Justices and Executive Clerks of Court III or their representatives;
4.1.1.4. Transmits the records of the cases to the Divisions; and
4.1.1.5. Checks bail bonds.
4.1.2. Non-Adjudicative Functions
4.1.2.1. Exercises general supervision and control over all units in the Judicial Records Division;
4.1.2.2. Manages and superintends activities in connection with the filing of the cases;
4.1.2.3. Plans and evaluates work programs for a systematic management of judicial records;
4.1.2.4. Monitors conditions and status of the cases for the submission to the Court;
4.1.2.5. Coordinates with the Section Chiefs in setting up, maintaining, updating and improving the information system on all cases filed, tried and decided by the Court; ScHADI
4.1.2.6. Causes the preparation of communications and reports; and
4.1.2.7. Performs such other related functions as may be assigned by the Court.
4.2. Sandiganbayan Chief Judicial Staff Officer, Administrative Division
4.2.1. Non-Adjudicative Functions
4.2.1.1. Directs and supervises the administrative services and functions in the agency;
4.2.1.2. Supervises and coordinates budget preparation, personnel administration, general services and central functions;
4.2.1.3. Implements administrative policies and decides on routine employee relations, problems and conflicts;
4.2.1.4. Prepares office orders, circulars, memoranda for the proper guidance of employees in the office as directed by the Office Head;
4.2.1.5. Conducts administrative investigations and recommends appropriate disciplinary action for erring employees whenever assigned by the Executive Clerk of Court IV and/or Director III;
4.2.1.6. Supervises the preparation of communications and reports as well as the procurement and distribution of supplies and equipment;
4.2.1.7. Checks requisitions for supplies, materials and equipment to ensure conformity with approved program of expenditures after consultation with other officials concerned; and DTIaHE
4.2.1.8. Does related work.
4.3 Sandiganbayan Chief Judicial Staff Officer, Budget & Finance Division
4.3.1. Non-Adjudicative Functions
4.3.1.1. Under the direction of the Court, supervises the fiscal affairs of the Court including planning, directing and supervising systematic accounting procedures for all financial transactions of the Court;
4.3.1.2. Coordinates the preparation of budget estimates and financial reports and the related statistical data thereof of the Court;
4.3.1.3. Initiates and recommends plans and formulas for the effective utilization of funds allotted to the Court;
4.3.1.3. n Represents the Office in all conferences and conventions on fiscal management when authorized;
4.3.1.4. Acts as the Court's financial adviser; and
4.3.1.5. Performs such other related functions as may be assigned by the Court.
4.4. Security Officer III (Chief, Security and Sheriff Services)
4.4.1. Adjudicative Support Functions
4.4.1.1. Implements the enforcement and execution of Orders and warrants of arrest issued by the Divisions of the Court;
4.4.1.2. Supervises the service and execution of writs of execution, attachments and injunctions and all other court processes; ADTCaI
4.4.1.3. Implements the service of subpoena duces tecum and/or ad testificandum, orders and resolutions issued by the Divisions;
4.4.1.4. Implements all other writs issued by the Court through the Divisions;
4.4.1.5. Maintains records of writs of execution, attachment and injunction;
4.4.1.6. Takes custody of the accused who voluntarily surrendered and/or arrested by other law enforcement agencies;
4.4.1.7. Takes custody of the accused while their bailbonds are being processed;
4.4.1.8. Turns over accused who voluntarily surrender to the authorized detention centers;
4.4.1.9. Takes official custody of all properties ordered for attachment; and
4.4.1.10. Causes the collection of all monies forfeited in favor of the government including those of private parties who have pending cases before the Court including those of the insurance companies which have failed to account for their liabilities under the bonds posted before the Court.
4.4.2. Non-Adjudicative Functions
4.4.2.1. Supervises the Court's security operations;
4.4.2.2. Coordinates with all other law enforcement agencies in securing the Court's premises as well as those of its personnel whenever required; and aESTAI
4.4.2.3. Deals with the media and their requests for copies of resolutions and decisions.
E. Case Flow Charts
1. Criminal Cases
2. Civil Cases
3. Appealed Criminal Cases
F. Forms
1. Order of Arrest
Republic of the Philippines
SANDIGANBAYAN
Quezon City
_________ Division
|
CASE NO. __________________
|
|
|
PEOPLE OF THE PHILIPPINES,
|
|
|
Complainant,
|
|
|
- versus -
|
|
|
|
ORDER OF ARREST
|
|
___________________________
|
|
|
___________________________
|
|
|
Accused.
|
|
TO ANY LAWFUL OFFICER:
You are hereby commanded to arrest: SIcCEA
|
You are hereby commanded to arrest:
|
|
|
NAME
|
ADDRESS
|
|
___________________________
|
___________________________
|
|
___________________________
|
___________________________
|
|
___________________________
|
___________________________
|
|
___________________________
|
___________________________
|
and who stand/stands charged before us of the crime of ____________________________ and to bring _______ before us as soon as possible, to be dealt with as the law and Rules of Court direct.
Quezon City, Philippines, this ___ day of _________, _____.
| The bail for the release of the | |
| accused in this case is fixed ______ | __________________ |
| ____________________________ | Chairman |
| which may be furnished by the said | _______ Division |
| accused either by depositing the | |
| amount thereof with the nearest | |
| collector of internal revenue, | |
| provincial, city or municipal | |
| treasurer who should transmit the | CPD-PNP/NBI/ |
| official receipt evidencing said | PNP-CIDG/CAPCOM |
| deposit immediately to this Court, | SHERIFF-SANDIGANBAYAN/ |
| or by furnishing a personal bail | CID |
| subscribed by two or more solvent | |
| sureties whose solvency may be | |
| shown by their land tax receipts | STATION COMMANDER |
| and certificates of title free from | |
| encumbrances as determined by | |
| any judge of the Regional Trial | |
| Courts who may accept and | SEE SEC. 4, RULE 113 1985 |
| approve the bail and thereafter | RULES OF CRIMINAL |
| transmit the same immediately to | PROCEDURE RE-PERIOD |
| this Court. The peace officers | OF COMPLIANCE |
| making the arrest are hereby | |
| authorized to discharge from | |
| custody the accused after | |
| furnishing bail in the manner | |
| herein indicated which must be | |
| stated in the return hereof. | |
| NOTE: See dorsal side for INSTRUCTIONS which form an integrated part of this Order. 025437 |
| PNP PROVINCIAL DIRECTOR |
NBI REGIONAL DIRECTOR
|
| * HOLD DEPARTURE ORDER ISSUED ON | _________________ |
| (Date of Order) |
2. Certificate of Voluntary Surrender and Posting of Bond
Republic of the Philippines
SANDIGANBAYAN
Quezon City
_________ Division
CERTIFICATION
THIS CERTIFIES that accused _________________________ IAcTaC
Quezon City, Philippines, __________________.
_________________________
3. Indorsement from Sheriff's Office Re: Surrender of the Accused
Republic of the Philippines
SANDIGANBAYAN
Quezon City
________ Division
1st Indorsement
____________________
Respectfully forwarded to the Executive Clerk of Court III, _________ Division, Sandiganbayan, for proper disposition, accused ___________________________, who voluntarily surrendered to this Office, pursuant to the Order of Arrest dated ____________ issued by Hon. _________________________________ Chairman, _________ Division, of this Court, in connection with Criminal Case/s No. _____________ entitled "People of the Philippines versus ___________________________________".
Accused ________________ is presently in the custody of the Office of the Security and Sheriff Services, Sandiganbayan.
____________________________Chief, Security & Sheriff Services
Conforme:
(Accused) ____________
4. Order of Detention
Republic of the Philippines
SANDIGANBAYAN
Quezon City
________ Division
Quezon City, __________, ____
CASE No. __________________
CHARGE: _________________
TO THE ___________________
The body/bodies of __________________________________
SO ORDERED.
________________________
OFFICE OF THE _____________________
Quezon City, ___________, 2001
Case No. ___________
TO THE HONORABLE CHAIRMAN, _________ Division SANDIGANBAYAN
Received in this Prison as detention prisoner/prisoners until further orders of that Court, the body/bodies of __________________ ______________________________________ to be held as detention prisoner/prisoners.
_______________________
5. Order of Discharge from Custody
Republic of the Philippines
SANDIGANBAYAN
Quezon City
_________ Division
|
PEOPLE OF THE PHILIPPINES,
|
|
|
Complainant,
|
|
|
|
CRIM. CASE(s) NO(s).
|
|
- versus -
|
|
|
|
(ORDER OF DISCHARGE FROM
|
|
|
CUSTODY)
|
|
____________________________,
|
|
|
Accused.
|
|
TO: ______________________
GREETINGS:
You are hereby directed to discharge from custody _______________________________________________________________________________________________________________________________________ as affecting Criminal Case(s) No(s)._________________, only unless there be other valid reasons for further detaining ___________.
___________________, Quezon City, Philippines.
_____________________
6. Recall of Order of Arrest
Republic of the Philippines
SANDIGANBAYAN
Quezon City
_________ Division
The CHIEF OF POLICE
SIR: cAECST
Please return to this Office without further action the order of arrest issued by this Court on _______________ in Criminal Case No. _________ entitled "People of the Philippines versus _________
The said accused has filed the corresponding bond and his release was authorized today, _______________________________.
The said case was dismissed by this Court in _____________.
The said order of arrest was set aside by this Court on _____________________________.
Respectfully yours,
_________________________
By:
_________________________
Copy Furnished:
Sheriff-Sandiganbayan
7. Accused's Personal Information Sheet
Republic of the Philippines
SANDIGANBAYAN
Quezon City
________ Division
|
PEOPLE OF THE PHILIPPINES
|
|
|
- versus -
|
CRIM. CASE NO./S ________ |
|
___________________________
|
FOR: ____________________ |
|
___________________________
|
_________________________ |
ACCUSED'S PERSONAL INFORMATION SHEET
| Complete Name | : _______________________________________________________________________ | ||
|
Family Name
|
Given Name
|
Middle Name
|
|
| Nickname | : _______________________________________________________________________ | ||
| Known Aliases | : _______________________________________________________________________ | ||
| Home Address | : _______________________________________________________________________ | ||
| Other Address | : _______________________________________________________________________ | ||
| ________________________________________________________________________ | |||
| Date of Birth | : _______________________________________________________________________ | ||
| Place of Birth | : _______________________________________________________________________ | ||
| Civil Status | : _______________________________________________________________________ | ||
| Height :________________ | Weight :__________________ | ||
| Distinguishable Features/Marks: | |||
| ______________________________________________________________________________________ | |||
| ______________________________________________________________________________________ | |||
| Complete Name of Spouse : _______________________________________________________________ | |||
|
Maiden/Family Name
|
Given Name
|
M. I.
|
I hereby certify that the information given above are true and correct to the best of my knowledge and belief. DTSaIc
________________
8. Undertaking
Republic of the Philippines
SANDIGANBAYAN
Quezon City
________ Division
|
PEOPLE OF THE PHILIPPINES,
|
CRIM. CASE(s) NO(s). _______
|
|
Complainant,
|
|
|
- versus -
|
FOR: ______________________
|
|
___________________________,
|
__________________________
|
|
Accused.
|
|
UNDERTAKING
I, ______________________________________________ of ________________________________________________________ having posted the amount of _________________________________
1. This undertaking shall be effective upon approval and shall remain in force at all stages of the case until its final determination, unless the proper court directs otherwise;
2. I shall appear before the proper court whenever so required by the Court;
3. My failure to appear at the trial without justification despite due notice shall be deemed an express waiver of my right to be present on the date specified in the notice. In such case, the trial may proceed in absentia;
4. I shall surrender myself for execution of the final judgment.
Herewith attached to this undertaking are my photographs (passport size) showing my face, front, left and right profiles.
IN WITNESS WHEREOF, I have hereunto set my hand this _______ day of ______________, ______ at Commonwealth Ave., Batasan Hills, Quezon City, Philippines.
________________
Address: ____________________ ____________________
9. Notice of Arraignment/Pre-Trial/Trial
Republic of the Philippines
SANDIGANBAYAN
Quezon City
__________ Division
|
PEOPLE OF THE PHILIPPINES,
|
CRIM. CASE(s) NO(s). _______
|
|
Complainant,
|
|
|
- versus -
|
|
|
___________________________,
|
|
|
Accused.
|
|
NOTICE OF ARRAIGNMENT/PRE-TRIAL/TRIAL
You are hereby notified for ARRAIGNMENT/PRE-TRIAL/TRIAL on ________________, ____ at ____ A.M./P.M.
Quezon City, Philippines ______________, _________.
|
___________________
|
_______________________________
|
|
Accused/Defendant
|
Counsel for the Accused/Defendant
|
|
___________________
|
_______________________________
|
|
Accused/Defendant
|
Counsel for the Accused/Defendant
|
|
___________________
|
_______________________________
|
|
Accused/Defendant
|
Counsel for the Accused/Defendant
|
|
___________________
|
_______________________________
|
|
Accused/Defendant
|
Counsel for the Accused/Defendant
|
|
___________________
|
_______________________________
|
|
Accused/Defendant
|
Counsel for the Accused/Defendant
|
|
___________________
|
_______________________________
|
|
Accused/Defendant
|
Counsel for the Accused/Defendant
|
|
___________________
|
_______________________________
|
|
Accused/Defendant
|
Counsel for the Accused/Defendant
|
|
___________________
|
_______________________________
|
|
Accused/Defendant
|
Counsel for the Accused/Defendant
|
|
___________________
|
_______________________________
|
|
Accused/Defendant
|
Counsel for the Accused/Defendant
|
|
___________________
|
_______________________________
|
|
Accused/Defendant
|
Counsel for the Accused/Defendant
|
|
___________________
|
_______________________________
|
|
Accused/Defendant
|
Counsel for the Accused/Defendant
|
10. Certificate of Arraignment
Republic of the Philippines
SANDIGANBAYAN
Quezon City
________ Division
| Criminal Case/Cases No. ________________ |
| PEOPLE OF THE PHILIPPINES, |
| Complainant, |
| ___________________________ |
| Accused. |
CERTIFICATE OF ARRAIGNMENT
After the reading of the information to the accused _________________ who __________ assisted by counsel, and the delivery to him/her of the copy thereof, together with a list of the witnesses, the accused pleaded GUILTY/NOT GUILTY.
Quezon City, Philippines, ____________, _____.
Atty. _____________________
By:
Atty. _____________________
____________________________ (Print name, middle name, surname) Accused
11. Notice of Hearing
Republic of the Philippines
SANDIGANBAYAN
Quezon City
________ Division
| CRIM./CIVIL CASE(s) NO(s). _____________ | |
|
REPUBLIC OF THE PHILIPPINES/
|
NATURE OF HEARING
|
|
PEOPLE OF THE PHILIPPINES,
|
(State Clearly)
|
|
Complainant/Plaintiff,
|
|
|
- versus -
|
|
|
_____________________________,
|
DATE: |
|
Accused/Defendants.
|
TIME: |
TO:
GREETINGS:
You are hereby notified that the above-entitled case will be heard in the _________ Division of this Court on the _____ day of _________________, ____ at ____ o'clock in the morning/afternoon, for _____________________________.
Quezon City, Philippines, ________________, _________.
____________________________
By:
____________________________
12. Order to Produce Body/Bodies
Republic of the Philippines
SANDIGANBAYAN
Quezon City
_________ Division
| CRIM. CASE NO(s). __________ | |
| PEOPLE OF THE PHILIPPINES, |
_____________, 20____
|
|
Complainant,
|
|
|
- versus -
|
|
|
___________________________
|
|
|
Accused.
|
TO: __________________ __________________ __________________
GREETINGS:
You are hereby directed to produce the body/bodies of ________________________________________________________________________________________________________________________________________________________________________________________________________________________________ before the SANDIGANBAYAN, ________, floor, Sandiganbayan Centennial Bldg., Commonwealth Ave., Batasan Hills, Quezon City on the ______ day of _____________ at _____ o'clock in the morning/afternoon to be present at the ARRAIGNMENT/PRE-TRIAL/TRIAL of the above numbered case/s. aTcIAS
WITNESSED by the Honorable Chairman _______________, Hon. ______________, Associate Justice, and Hon. ______________, Associate Justice, _________ Division of said Court.
____________________________
By:
____________________________
13. Notice of Pre-Trial Conference
Republic of the Philippines
SANDIGANBAYAN
Quezon City
________ Division
| CRIM./CIVIL CASE(s) NO(s). ________ | ____________, _____ |
| REPUBLIC OF THE PHILIPPINES/ | |
| PEOPLE OF THE PHILIPPINES, | |
|
Complainant/Plaintiff,
|
|
|
- versus -
|
PRE-TRIAL CONFERENCE
|
|
_____________________________,
|
|
|
Accused/Defendants.
|
TO: __________________________ __________________________ __________________________
GREETINGS:
You are hereby commanded to appear before the SANDIGANBAYAN, _____________ Division, _________ Floor, Sandiganbayan Centennial Bldg., Commonwealth Ave., Batasan Hills, Quezon City, ____________________, __________ at _______ o'clock in the morning/afternoon, for Pre-Trial Conference of the above entitled case/s.
WITNESSED by the Hon. Chairman, Justice _____________, ___________ Division, Sandiganbayan.
Atty. _______________________
14. Subpoena Duces Tecum/Ad Testificandum
Republic of the Philippines
SANDIGANBAYAN
Quezon City
________ Division
| CRIM. CASE/S NO/S. _____________ | |
| PEOPLE OF THE PHILIPPINES, | |
|
Complainant,
|
|
|
|
SUBPOENA
|
|
- versus -
|
Duces Tecum/Ad Testificandum
|
|
____________________________,
|
|
|
Accused.
|
|
TO:
GREETINGS: aIHSEc
You are hereby commanded to appear before the SANDIGANBAYAN, ______________ Division, ________ floor, Sandiganbayan Centennial Bldg., Commonwealth Ave., Batasan Hills, Quezon City, ____________________, _____ at _____ o'clock in the morning/afternoon, then and there to testify to the above entitled case/s pending thereto.
WITNESSED by the Hon. ___________________, Chairman, Hon. ______________________, and Hon. _____________________, _________ Division, this _____ day of _______________, ________.
Atty. _______________________
15. Minutes of Session
Republic of the Philippines
SANDIGANBAYAN
Quezon City
________ Division
MINUTES of the session held by the SANDIGANBAYAN, ________ DIVISION presided over by the Hon. _________________, CHAIRMAN, with ASSOCIATE JUSTICES ____________________, this ______ day of ________________, _______ at _______ in the morning/afternoon.
|
STENOGRAPHER: _____________
|
INTERPRETER: ___________
|
|
____________________________
|
|
|
____________________________
|
|
|
Complainant,
|
|
|
- versus -
|
CASE NO. __________
|
|
____________________________
|
|
|
____________________________
|
|
|
Accused.
|
OFFICE OF THE SPECIAL PROSECUTOR
PROSECUTORS: __________________________________________
DEFENSE COUNSEL: _____________________________________
WITNESSES OF PROSECUTION/ACCUSED:
EXHIBITS FOR PROSECUTION/ACCUSED:
CONTINUED TO: _________________________________________
MEMORANDUM: _________________________________________
PROMULGATION: ________________________________________
ATTESTED:
Atty. _______________________
16. Certificate of Appearance
Republic of the Philippines
SANDIGANBAYAN
Quezon City
_________ Division
CERTIFICATE OF APPEARANCE
TO WHOM IT MAY CONCERN: ESTaHC
This is to certify that _________________________________ of ______________________________________________________ appeared before this Court on _______________________________ in connection with Criminal Case No./s ________________________ entitled "PEOPLE OF THE PHILIPPINES versus ______________".
Issued upon request of interested party at Quezon City, this ___ day of ______________, ______.
Atty. _______________________
I certify that at the place and on the date above mentioned, I personally appeared before said court.
_______________________
17. Agenda
Republic of the Philippines
SANDIGANBAYAN
Quezon City
________ Division
AGENDA
___________________
SUBJECT MATTER:
CIVIL/CRIMINAL CASE/S NO/S. ___________ vs. _____________
RE:
REMARKS:
Respectfully submitted,
18. Resolution
Republic of the Philippines
SANDIGANBAYAN
Quezon City
_________ Division
|
PEOPLE OF THE PHILIPPINES,
|
CRIM. CASE NO. __________ | |
|
Complainant,
|
||
| Present: | ||
|
- versus -
|
_______________, J., Chairman | |
| _______________, & | ||
| _______________, JJ. | ||
|
___________________________,
|
Promulgated: | |
|
Accused.
|
RESOLUTION
_______________, J.:
It appearing from the records of the above-entitled case/s that accused __________________________________ is/are still at-large notwithstanding the lapse of time since the order of arrest was issued, and in order that the above-entitled case/s may not appear pending for an indefinite period of time, it is hereby ORDERED that the above-entitled case/s be sent to the Judgment and Records Section for archiving, without prejudice on the part of the Office of the Special Prosecutor to prosecute the same as soon as the accused is/are apprehended.
SO ORDERED.
Quezon City, Philippines, ________________.
_____________________________Presiding Justice/Associate Justice
| WE CONCUR: |
|
|
|
__________________
|
__________________
|
|
|
Associate Justice
|
Associate Justice
|
19. Process Slip in Ordinary Appeal
Republic of the Philippines
SANDIGANBAYAN
Quezon City
_________ Division
PROCESS SLIP IN ORDINARY APPEAL
TO BE ACCOMPLISHED BY THE RECEIVING CLERK:
|
TO BE ACCOMPLISHED BY THE RECEIVING CLERK:
|
||||
| 1. | Appeal was filed by registered |
|
|
|
| mail/personal delivery on |
______
|
______
|
______
|
|
|
YES
|
NO
|
PAGE
|
||
| 2. | Does the record include the entire |
|
|
|
| original record (expediente) with all |
|
|
|
|
| the pages prominently numbered |
|
|
|
|
| consecutively with an index of the |
|
|
|
|
| contents thereof? |
______
|
______
|
______
|
|
| 3. | Is the bail bond or order of |
|
|
|
| commitment attached? |
______
|
______
|
______
|
|
| 4. | Does the record include all |
|
|
|
| documentary or real evidence clearly |
|
|
|
|
| marked and arranged in alphabetical |
|
|
|
|
| or numerical order with an index of |
|
|
|
|
| exhibits attached? |
______
|
______
|
______
|
|
| 5. | Does the record include legible |
|
|
|
| copies of the transcript of |
|
|
|
|
| stenographic notes prepared and |
|
|
|
|
| arranged in accordance with Section |
|
|
|
|
| 11 of Rule 41 of the Revised Rules |
|
|
|
|
| of Court duly certified by the |
|
|
|
|
| stenographer/s concerned and |
|
|
|
|
| initialed on each and every page |
|
|
|
|
| thereof? |
______
|
______
|
______
|
REMARKS:
Records are: _______ COMPLETE _______ INCOMPLETE
It lacks ____________________________________________
Received by: _______________________
NOTED:
_______________________ Chief Judicial Staff Officer Judicial Records Division
20. Process Slip in Petition for Certiorari
Republic of the Philippines
SANDIGANBAYAN
Quezon City
________ Division
PROCESS SLIP IN PETITION FOR CERTIORARI
| TO BE ACCOMPLISHED BY THE RECEIVING CLERK: | ||||
| 1. | Petition was filed by registered |
|
|
|
| mail/personal delivery on |
______
|
______
|
______
|
|
| 2. | Number of copies of Petition filed |
______
|
______
|
______
|
|
YES
|
NO
|
PAGE
|
||
| 3. | Is Petition verified and under oath? |
______
|
______
|
______
|
| 4. | Does caption of Petition include the |
|
|
|
| docket number of case in the lower |
|
|
|
|
| court whose order or judgment is |
|
|
|
|
| sought to be reviewed? |
______
|
______
|
______
|
|
| 5. | Does Petition contain certification |
|
|
|
| under oath that party has not |
|
|
|
|
| commenced any other action or |
|
|
|
|
| proceeding involving the same |
|
|
|
|
| issues in the Supreme Court or any |
|
|
|
|
| other tribunal or agency? |
______
|
______
|
______
|
|
| 6. | Is a certified true copy of Order or |
|
|
|
| Decision of lower court attached? |
______
|
______
|
______
|
|
| 7. | Is proof of service of this Petition |
|
|
|
| upon the lower court attached? |
______
|
______
|
______
|
|
| 8. | Is proof of service of this Petition |
|
|
|
| upon the adverse party attached? |
______
|
______
|
______
|
|
| 9. | Is Petition filed on time? (within 60 |
|
|
|
| days from notice of lower court's |
|
|
|
|
| ruling or decision) |
______
|
______
|
______
|
REMARKS:
Records are: _______ COMPLETE _______ INCOMPLETE
It lacks ____________________________________________
Received by: _______________________
NOTED:
_______________________ Chief Judicial Staff Officer Judicial Records Division
G. Fees
1. Executive Clerk of Court
|
General
|
|
|
|
|
Fund
|
JDF
|
Total
|
|
| Xerox (Personal) |
0.00
|
1.00
|
1.00
|
| Xerox (Court Record) |
0.20
|
3.80
|
4.00
|
| Certification Fee |
1.00
|
29.00
|
30.00
|
| Certified True/Xerox Copy |
1.00
|
29.00
|
30.00
|
| Research Fee |
1.00
|
14.00
|
15.00
|
| Marriage Solem. Fee |
0.00
|
300.00
|
300.00
|
| Docket Fee (Rule 45) |
48.00
|
452.00
|
500.00
|
| Docket Fee (Rule 65) |
48.00
|
452.00
|
500.00
|
| 2nd and Succeeding Motion for |
48.00
|
0.00
|
48.00
|
| Reconsideration |
2. Sheriff's Fees
|
General
|
|
|
||||
|
Fund
|
JDF
|
Total
|
||||
| Summons |
4.00
|
56.00
|
60.00
|
|||
| Subpoenas |
0.40
|
23.60
|
24.00
|
|||
| TRO/Injunction |
0.00
|
60.00
|
60.00
|
|||
| Replevin |
0.00
|
60.00
|
60.00
|
|||
| Indemnity Bond-Provisional Remedy |
1.00
|
49.00
|
50.00
|
|||
| Writ of Possession-Real Estate |
4.00
|
146.00
|
150.00
|
|||
| Notice of Sale/Publication |
2.00
|
73.00
|
75.00
|
|||
| Inventory of Goods |
0.00
|
150.00
|
150.00
|
|||
| Levy on execution on Personal |
|
|
|
|||
| or Real Property |
4.00
|
71.00
|
75.00
|
|||
| Notice of Garnishment |
0.00
|
40.00
|
40.00
|
|||
| Sheriff's Percentage of Collection; |
|
|
|
|||
| a) | for the 1st P4,000.00 |
40.00
|
160.00
|
200.00
|
||
| b) | excess of P4,000.00 |
compute
|
1/2%
|
2.5%
|
||
| *** | General Fund only |
|
|
|
||
| 1. | Court Fines/Lost ID/Content |
|
|
|
||
| *** | JDF only |
|
|
|
||
| 1. | Confiscated Cash bonds and Proceeds from Public Sale of Confiscated Property Bonds. | |||||
| 2. | Sales of Unserviceable Equipment, Furnitures, Vehicles, Disposable Records or Papers. | |||||
| 3. | Operation of Transportation Facilities for Judiciary Personnel. | |||||
| 4. | Concessions to operate canteens or provide other services. | |||||
| 5. | Rentals of facilities. | |||||
| 6. | Interests on Deposits on Income and Deposits of Money Paid or Deposited with Clerks of Court. |
3. Stenographer's Fees (TSN)
Stenographers shall give certified transcript of notes taken by them to every person requesting the same upon payment of (a) six (P6.00) pesos for each page of not less than two hundred and fifty words before the appeal is taken and (b) three pesos and sixty centavos (P3.60) for the same page, after the filing of the appeal, provided, however, that one third of the total charges shall be paid to the court and the remaining two-thirds to the stenographer concerned. 10 cCAaHD
CHAPTER V
Court of Tax Appeals
A. Organizational Chart
B. Jurisdiction
1. The Court of Tax Appeals has exclusive appellate jurisdiction to review by appeal, the following:
1.1. Decisions of the Commissioner of Internal Revenue in cases involving disputed assessment, refunds of internal revenue taxes, fees or other charges, penalties imposed in relation thereto, or other matters arising under the National Internal Revenue Code or other law or part of law administered by the Bureau of Internal Revenue;
1.2. Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges; seizure, detention or release of property affected; fines, forfeitures or other penalties imposed in relation thereto; or other matters arising under the Customs Law or other law or part of law administered by the Bureau of Customs [Rep. Act No. 1125 (1954), Sec. 7]; and
1.3. Decisions of the Secretary of Finance, such as in the imposition of dumping or countervailing duty [Tariff and Customs Code, Sec. 301, as amended by Pres. Decree No. 1464 (1978)], and in automatic review, cases where such decision of the Secretary of Finance is adverse to the taxpayer (Tariff and Customs Code, Sec. 2315).
2. The appellate jurisdiction of the Court of Tax Appeals to review the decisions of the provincial or city Boards of Assessment Appeals in cases involving the assessment and taxation of real property or other matters arising under the Assessment Law, including rules and regulations relative thereto [Rep. Act No. 1125 (1954), Sec. 7 (3)], has been transferred to the Central Board of Assessment Appeals pursuant to Pres. Decree No. 76 (1972), Pres. Decree No. 464 (1974) (Real Property Tax Code); and Rep. Act No. 7160 (1992) (Local Government Code). 1 aASEcH
3. Judgments or final orders of the Court are appealable to the Court of Appeals within fifteen (15) days from notice of the judgment or final order or resolution or from the denial of the motion for new trial or reconsideration (Rules of Civil Procedure [1997], Rule 43, Secs. 3 and 4). 2
C. Qualifications of Officers
The Court of Tax Appeals has an Executive Clerk of Court III (Clerk of Court), two (2) Executive Clerks of Court II (Deputy Clerks of Court), and three (3) Division Chiefs. They are appointed by the Supreme Court upon recommendation of the Presiding Judge.
1. Executive Clerk of Court III (Clerk of Court)
| Education | - | Bachelor of Laws |
| Experience | - | Ten (10) years or more in the practice of law or has been Clerk of Court or Deputy Clerk of Court of a Regional Trial Court or its equivalent for the same period of time |
| Training | - | Twenty-four (24) hours of relevant training in management and supervision |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
2. Executive Clerk of Court II (Deputy Clerk of Court)
| Education | - | Bachelor of Laws |
| Experience | - | Five (5) years or more in the practice of law or has been Clerk of Court or Deputy Clerk of Court for the same period of time |
| Training | - | Twenty-four (24) hours of relevant training in management and supervision |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
3. Court Attorney V (Chief of the Legal and Technical Services Division)
| Education | - | Bachelor of Laws |
| Experience | - | Three (3) years of relevant experience |
| Training | - | Sixteen (16) hours of relevant training |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
4. Chief Judicial Staff Officer (Administrative Division)
| Education | - | Bachelor's Degree |
| Experience | - | Five (5) years of relevant experience |
| Training | - | Twenty-four (24) hours of training in management and supervision |
| Eligibility | - | Career Service Professional or Rep. Act No. 1080 (Bar) |
5. Chief Judicial Staff Officer (Finance Division)
| Education | - | Bachelor's Degree in Commerce or Business Administration, major in Accounting; or Bachelor of Laws with twenty-four (24) units in Accounting |
| Experience | - | Three (3) years of progressively responsible experience in the supervision and review of budget preparation and administration of budget operations, and in planning, directing, coordination and supervision of fiscal activities |
| Training | - | Twenty-four (24) hours of training in management and supervision |
| Eligibility | - | Career Service Professional or Rep. Act No. 1080 (CPA) |
D. Functions and Duties
1. Executive Clerk of Court III
1.1. Adjudicative Support Functions
1.1.1. Before Trial
1.1.1.1. Supervises the receiving and docketing of cases and reviews whether docket fees are properly paid pursuant to Sec. 1, Rule 17 of the Rules of the Court of Tax Appeals (CTA) as amended by the Supreme Court resolution en banc dated April 14, 1998, A.M. No. 85-3-001-CTA;
1.1.1.2. Signs summonses;
1.1.1.3. Signs notices of service of summons; CSTHca
1.1.1.4. Prepares orders re: extension to file answer/responsive pleading;
1.1.1.5. Signs notices of pre-trial and notices of hearing of motions;
1.1.1.6. Attends pre-trial and hearing of motions on Friday mornings, in the absence of one of the Executive Clerks of Court II;
1.1.1.7. Takes down notes during pre-trial and hearing of motions;
1.1.1.8. Calendars cases for hearing before the Executive Clerks of Court and the Court;
1.1.1.9. Signs certificates of appearance;
1.1.1.10. Prepares and signs minutes of pre-trial;
1.1.1.11. Prepares orders re: extension to file joint stipulation of facts and issues and availment of services of an independent CPA;
1.1.1.12. Prepares resolutions re: pre-trial and motions heard;
1.1.1.13. Conducts hearing for the marking and comparison of exhibits of the party litigant upon request duly approved by the Court;
1.1.1.14. Prepares and signs minutes of commissioner's hearings;
1.1.1.15. Signs notices of hearings;
1.1.1.16. Signs subpoena duces tecum and subpoena ad testificandum; cIADTC
1.1.1.17. Signs notices/subpoenas;
1.1.1.18. Signs notices of resolutions; and
1.1.1.19. Takes charge of out-of-town Court hearings by:
a. Coordinating with the RTC officer if venue is in the Visayas or Mindanao, or with the Court of Appeals if venue is in Baguio City, for the available courtroom;
b. Determining the number of cases to be heard;
c. Calendaring of cases; and
d. Issuing notices of hearings to the parties.
1.1.2. During Trial
1.1.2.1. Attends Court sessions in the absence of one of the Executive Clerks of Court II;
1.1.2.2. Calls all the cases calendared for the day;
1.1.2.3. Administers the oath to witnesses;
1.1.2.4. Marks exhibits in open court;
1.1.2.5. Compares exhibits in the absence of opposing counsel;
1.1.2.6. Takes down notes on the proceedings;
1.1.2.7. Calendars the cases set/reset before the Executive Clerk of Court and before the Court; and
1.1.2.8. Signs certificates of appearance. TCIDSa
1.1.3. After Trial
1.1.3.1. Conducts raffle in open court of cases submitted for decision;
1.1.3.2. Issues certifications relative to cases raffled;
1.1.3.3. Prepares and signs the minutes of hearings;
1.1.3.4. Prepares resolutions re: filing of Formal Offer of Evidence, Comment/Opposition, Reply and Memorandum;
1.1.3.5. Prepares orders re: extension of time to file Formal Offer of Evidence, Comment/Opposition, Reply and Memorandum;
1.1.3.6. Signs notices of hearings in cases of continuances;
1.1.3.7. Signs notices of resolutions;
1.1.3.8. Prepares orders re: Formal Offer of Evidence submitted for resolution;
1.1.3.9. Prepares resolutions re: cases submitted for decision;
1.1.3.10. Attests to dates of promulgation of Decisions and Resolutions;
1.1.3.11. Signs notices of decisions;
1.1.3.12. Prepares and signs Entries of Judgment;
1.1.3.13. Prepares the Writs of Execution for signature of the Judges;
1.1.3.14. Approves written requests for certified true copies of Court records; IcHSCT
1.1.3.15. Elevates the entire Court records to the Court of Appeals/Supreme Court, including Bureau of Internal Revenue or Bureau of Customs' records, if any, when the CTA decision is appealed;
1.1.3.16. Answers queries re: status of cases; and
1.1.3.17. Prepares CTA Circulars.
1.2. Non-Adjudicative Functions
1.2.1. Takes charge of the administrative and financial operations of the CTA and exercises general or administrative supervision over subordinate officials and employees, except the coterminous staff;
1.2.2. Reviews and signs the Monthly Report of Cases submitted to the Statistics Division, Office of the Court Administrator, Supreme Court;
1.2.3. Prepares the Annual Report of the CTA to be signed by the Presiding Judge, and to be submitted to the Supreme Court, Senate, House of Representatives, and the Department of Budget and Management;
1.2.4. Prepares various communications/letters to government and private agencies for signature of the Presiding Judge;
1.2.5. Signs and indorses Service Records, applications for Salary and Policy Loans, and applications for Retirement/Survivorship/Employees Compensation of the officials and employees of the Court;
1.2.6. Signs/approves applications for vacation/sick leave, special privilege leave and forced leave of absence of employees of the Court with salary grade 17 and below;
1.2.7. Recommends approval of applications for vacation/sick leave, special privilege leave and forced leave of absence of employees of the Court with salary grade 18 and above; aITECA
1.2.8. Sits as a member of the Selection and Promotion Board;
1.2.9. Sits as chairperson of the Board of Directors of the CTA Health and Welfare Plan;
1.2.10. Signs vouchers, checks and payrolls in the absence of the Chief Judicial Officer (Administrative Officer);
1.2.11. Signs the clearance of resigning or transferring employees;
1.2.12. Prepares CTA Memorandum Orders; and
1.2.13. Performs other related tasks that may be assigned by the Presiding Judge.
2. Executive Clerk of Court II
2.1. Adjudicative Support Functions
2.1.1. Before Trial
2.1.1.1. Prepares orders re: extension to file Answer/responsive pleading;
2.1.1.2. Signs notices of pre-trial and notices of hearing of motions;
2.1.1.3. Attends pre-trial and hearings of motions on Friday morning;
2.1.1.4. Calendars cases for hearings before the Executive Clerks of Court and the Court;
2.1.1.5. Takes down notes during pre-trial and hearings of motions;
2.1.1.6. Signs Certificates of Appearance;
2.1.1.7. Prepares and signs Minutes of Pre-Trial;
2.1.1.8. Prepares orders re: extension to file Joint Stipulation of Facts and Issues and availment of services of an independent CPA; SAHIDc
2.1.1.9. Prepares Resolutions re: pre-trial and motions heard;
2.1.1.10. Conducts hearings for the marking and comparison of exhibits of the party litigant upon request duly approved by the Court;
2.1.1.11. Prepares and signs Minutes of Commissioner's hearings;
2.1.1.12. Signs notices of hearings; and
2.1.1.13. Signs notices of resolutions.
2.1.2. During Trial
2.1.2.1. Attends Court sessions;
2.1.2.2. Calls all the cases calendared for the day;
2.1.2.3. Administers the oath to witnesses;
2.1.2.4. Marks exhibits in open court;
2.1.2.5. Compares exhibits in the absence of opposing counsel;
2.1.2.6. Takes down notes on the proceedings;
2.1.2.7. Calendars the cases set/reset before the Executive Clerk of Court and before the Court; and
2.1.2.8. Signs Certificates of Appearance.
2.1.3. After Trial
2.1.3.1. Conducts raffle in open court of cases submitted for decision;
2.1.3.2. Issues certifications relative to cases raffled; EHCcIT
2.1.3.3. Prepares and signs the minutes of hearings;
2.1.3.4. Prepares resolutions re: filing of Formal Offer of Evidence, Comment/Opposition, Reply and Memorandum;
2.1.3.5. Prepares orders re: extension of time to file Formal Offer of Evidence, Comment/Opposition, Reply and Memorandum;
2.1.3.6. Signs notices of hearings in cases of continuances;
2.1.3.7. Certifies photocopied documents/papers as true copies of Court records; and
3. Court Attorney V (Chief of the Legal and Technical Services Division)
3.1. Duties and Responsibilities:
3.1.1. Supervises the operational activities of the Legal and Technical Services Division (LTSD) to expedite action on cases and queries referred to it and adopts methods as are necessary to assist the Court in carrying out the function of dispensing justice effectively;
3.1.2. Reviews and evaluates memoranda and reports on researches of the members of the staff containing facts and recommendations thereon to serve as basis for order, resolution or decision by the Court;
3.1.3. Prepares legal opinions on controversies and queries referred by special assignments;
3.1.4. Confers with judges in relation to internal administration and other official matters;
3.1.5. Represents the LTSD and/or the Court in conferences and meetings with other agencies of the government; ATCEIc
3.1.6. Supervises the keeping and maintenance of the Court's library, the preparation of digests, indexes and listing of Court decisions;
3.1.7. Performs research work for the Office of the Judges with respect to various legal issues pending in Court; and
3.1.8. Performs other duties as may be assigned by the Presiding Judge from time to time.
4. Chief Judicial Staff Officer (Administrative Division)
4.1. Duties and Responsibilities:
4.1.1. Handles the personnel and implements the Civil Service Law, rules and regulations relative thereto;
4.1.2. Signs all vouchers, payroll, appointments and checks issued by the Court;
4.1.3. Supervises the performance of general housekeeping services in the Court premises;
4.1.4. Assists in the supervision of the security guards assigned in the Court premises;
4.1.5. Receives persons seeking assistance, hears and acts on their requests;
4.1.6. Implements established work schedules;
4.1.7. Ensures that subordinates meet work deadlines;
4.1.8. Works within established lines of authority and responsibility; and
4.1.9. Performs other duties as the exigency of the service demands.
5. Chief Judicial Staff Officer (Finance Division)
5.1. Duties and Responsibilities: TDcCIS
5.1.1. Supervises the fiscal affairs of the Court of Tax Appeals, including planning, directing and supervising systematic accounting procedures for all financial transactions of the Court;
5.1.2. Coordinates the preparation of the Court's budget estimates, financial reports and the related statistical data thereof;
5.1.3. Initiates and recommends plans and formulas for more effective utilization of funds allocated to the Court;
5.1.4. Represents the Court of Tax Appeals in conferences and conventions on fiscal management when authorized;
5.1.5. Acts as the Court's financial adviser; and
5.1.6. Performs such other related functions as may be assigned by the Court.
E. Case Flow Chart
F. Forms
1. Summons
C.T.A. Form No. 1
Republic of the Philippines
COURT OF TAX APPEALS
Quezon City
| C.T.A. CASE No. ____________ |
|
|
|
____________________________,
|
|
|
|
Petitioner,
|
|
|
|
versus
|
SUMMONS
|
|
|
____________________________,
|
|
|
|
Respondent.
|
|
|
To: AaCEDS
GREETINGS:
You are hereby required to file with the office of the Clerk of Court of the Court of Tax Appeals, 4th Floor, Hizon Building, No. 29 Quezon Avenue, Quezon City, within fifteen (15) days after the service of this summons upon you, exclusive of the day of such service, your answer, in six (6) signed and conformed legible copies, to the petition for review of the petitioner, a copy of which is hereto attached and herewith served upon you; and to serve a copy of the said answer, within the same period, upon the petitioner. If you fail to answer within the time aforesaid, the Court will thenceforth proceed to hear the evidence for the petitioner in your absence and decide the case accordingly.
You are likewise hereby required to comply with Section 2, Rule 7 of the Rules of the Court of Tax Appeals, which provides that the Commissioner of Internal Revenue and the Commissioner of Customs shall certify and forward to the Court within ten (10) days after filing his answer, all the records of the case in his possession, with the pages duly numbered, and if the records are in separate folders, then the folders will also be numbered.
Quezon City, Philippines, _________________, 20___.
Clerk of Court
2. Notice of Service of Summons
C.T.A. Form No. 2
Republic of the Philippines
COURT OF TAX APPEALS
Quezon City
OFFICE OF THE CLERK OF COURT
| C.T.A. CASE No. ____________ |
|
|
|
____________________________,
|
|
|
|
Petitioner,
|
|
|
|
versus
|
|
NOTICE OF SERVICE
|
|
|
|
SUMMONS
|
|
____________________________,
|
|
|
|
Respondent.
|
|
|
To:
GREETINGS:
Pursuant to the provisions of Section 3, Rule 5, Rules of the Court of Tax Appeals, in relation to Section 4, Rule 14, of the Rules of Court in the Philippines, you are hereby notified that the summons issued in the above-entitled case, together with the petition for review thereto attached, was served on the respondent mentioned therein, on the following dates and in the following manner: EcTDCI
|
DATE
|
NAME OF RESPONDENT
|
KIND OF SERVICE
|
|
____________
|
________________________
|
__________________
|
|
____________
|
________________________
|
__________________
|
|
____________
|
________________________
|
__________________
|
|
____________
|
________________________
|
__________________
|
|
____________
|
________________________
|
__________________
|
Quezon City, Philippines, _________________, 20___.
Clerk of Court
3. Notice of Pre-Trial
C.T.A. Form No. 3
Republic of the Philippines
COURT OF TAX APPEALS
Quezon City
OFFICE OF THE CLERK OF COURT
| C.T.A. CASE No. ____________ | ||
|
____________________________,
|
||
|
Petitioner,
|
NOTICE OF PRE-TRIAL | |
|
|
Parties are instructed to | |
|
|
file with the Court and serve | |
|
versus
|
on the adverse party their | |
|
|
Pre-Trial Briefs ensuring | |
|
|
their receipt by the adverse | |
|
____________________________,
|
party at least three (3) days | |
|
Respondent.
|
before the date of pre-trial. |
To:
GREETINGS:
You are hereby notified that the above-entitled case is set for pre-trial on _____________, 20___, at _______ o'clock in the ______ in the session hall of this Court, 4th Floor, Hizon Building, No. 29 Quezon Avenue, Quezon City.
Quezon City, Philippines, _________________, 20___.
Clerk of Court
4. Notice of Hearing
C.T.A. Form No. 4
Republic of the Philippines
COURT OF TAX APPEALS
Quezon City
| C.T.A. CASE No. ____________ | ||
|
____________________________,
|
||
|
Petitioner,
|
||
|
versus
|
NOTICE OF HEARING
|
|
|
____________________________,
|
||
|
Respondent.
|
To:
GREETINGS: EHSAaD
You are hereby notified that the above-entitled case will be heard on _____________, 20___, at _______ o'clock in the ________ in the session hall of this Court, 4th Floor, Hizon Building, No. 29 Quezon Avenue, Quezon City.
Quezon City, Philippines, _________________.
Clerk of Court
5. Subpoena Ad Testificandum
C.T.A. Form No. 5
Republic of the Philippines
COURT OF TAX APPEALS
Quezon City
| C.T.A. CASE No. ____________ | ||
|
____________________________,
|
||
|
Petitioner,
|
||
|
versus
|
SUBPOENA | |
| AD TESTIFICANDUM | ||
|
____________________________,
|
||
|
Respondent.
|
To:
GREETINGS:
You are hereby commanded to be and appear in the Court of Tax Appeals, 4th Floor, Hizon Building, No. 29 Quezon Avenue, Quezon City, on the ____ day of _________________, 20_____, at ________ o'clock in the _____________, then and there to testify in the above-entitled cause pending therein.
FAIL NOT, UNDER THE PENALTY OF THE LAW.
Witness the Hon. ____________________, ___________ of said Court this _____ day of ___________, 20_____.
Clerk of Court
6. Subpoena Duces Tecum
C.T.A. Form No. 6
Republic of the Philippines
COURT OF TAX APPEALS
Quezon City
| C.T.A. CASE No. ____________ | ||
|
____________________________,
|
||
|
Petitioner,
|
||
|
versus
|
SUBPOENA | |
| DUCES TECUM | ||
|
____________________________,
|
||
|
Respondent.
|
To: EATCcI
GREETINGS:
You are hereby commanded to appear before the Court of Tax Appeals, 4th Floor, Hizon Building, No. 29 Quezon Avenue, Quezon City, on the ______ day of _______________, 20 ____, at ______ o'clock in the ____________, then and there to testify in the above-entitled cause pending therein, and to bring with you into the Court the following:
the same being necessary as evidence in the above-entitled case.
Witness the Hon. ____________________, _______________ of said Court this ______ day of _____________, 20___.
Clerk of Court
7. Minutes of Hearing
C.T.A. Form No. 7
Republic of the Philippines
COURT OF TAX APPEALS
Quezon City
Minutes of the hearing held by the Court of Tax Appeals presided over by the Hon. ___________________, Presiding Judge and the Hons. ____________________ and ____________________, Associate Judges, the ______ day of _______________, 20____, at _____________ in the session hall of the Court of Tax Appeals, Stenographer, _____________________.
|
____________________________,
|
||
|
Petitioner,
|
||
|
versus
|
MINUTES OF HEARING
|
|
|
C.T.A. CASE No. __________
|
||
|
____________________________,
|
||
|
Respondent.
|
Counsel for Petitioner: TAcDHS
Counsel for Respondent:
Petitioner's witness:
Respondent's witness:
Exhibits marked during the hearing:
REMARKS:
Continued to:
ATTESTED BY:
______________________
8. Notice of Decision/Resolution
C.T.A. Form No. 8
Republic of the Philippines
COURT OF TAX APPEALS
Quezon City
| C.T.A. CASE No. ____________ | ||
|
____________________________,
|
||
|
Petitioner,
|
||
|
versus
|
NOTICE
|
|
|
OF _________________
|
||
|
____________________________,
|
|
|
|
Respondent.
|
To:
GREETINGS: CacEID
You are hereby notified by these presents that on the _______ day of ____________________, 20____, decision/resolution was rendered in the above-mentioned case copy of which is attached hereto.
Quezon City, Philippines, _________________, 20____.
Clerk of Court
9. Entry of Judgment (for Decision without Motion for Reconsideration and without appeal)
Republic of the Philippines
COURT OF TAX APPEALS
Quezon City
| C.T.A. CASE No. ____________ | ||
|
____________________________,
|
||
|
Petitioner,
|
||
|
versus
|
C.T.A. CASE NO. ______________ | |
|
____________________________,
|
||
|
Respondent.
|
ENTRY OF JUDGMENT
I, ______________________, Executive Clerk of Court III of the Court of Tax Appeals, hereby certify that on the ______ day of _________________, the Decision rendered by said Court in the above-entitled case was filed in this office, the dispositive part of which reads as follows:
and on the ______ day of ________________ the same has become final and executory, and is hereby recorded in the Book of Entries of Judgment. DHIaTS
Quezon City, Metro Manila, __________________.
Clerk of Court
cc:
Commissioner of Internal Revenue
10. Entry of Judgment (for Decision with denied Motion for Reconsideration and no appeal taken on the denial)
Republic of the Philippines
COURT OF TAX APPEALS
Quezon City
| C.T.A. CASE No. ____________ | ||
|
____________________________,
|
||
|
Petitioner,
|
||
|
versus
|
C.T.A. CASE NO. ______________ | |
|
____________________________,
|
||
|
Respondent.
|
ENTRY OF JUDGMENT
I, ______________________, Executive Clerk of Court III of the Court of Tax Appeals, hereby certify that on the ______ day of _________________, the Decision rendered by said Court in the above-entitled case was filed in this office, the dispositive part of which reads as follows:
and the same has, on this ______ day of ________________, become final and executory, _______________________ Motion for Reconsideration thereof having been denied in a Resolution promulgated on _________________, 20____ without any appeal being taken thereon, and is hereby recorded in the Book of Entries of Judgment.
Quezon City, Metro Manila, __________________.
Clerk of Court
cc:
Commissioner of Internal Revenue
11. Writ of Execution (for refund case won by petitioner) ISDHEa
Republic of the Philippines
COURT OF TAX APPEALS
Quezon City
| C.T.A. CASE No. ____________ | ||
|
____________________________,
|
||
|
Petitioner,
|
||
|
versus
|
C.T.A. CASE NO. ______________ | |
|
____________________________,
|
||
|
Respondent.
|
WRIT OF EXECUTION
TO: The Commissioner of Internal Revenue, his authorized
You are hereby ordered to refund in favor of petitioner _________________, the winning party, the amount of _____________ representing ______________ taxes for the calendar year _______, in satisfaction of the Court's Decision in the above-entitled case promulgated on ________________ which has already become final and executory.
The Sheriff of this Court is directed to see to it that this Writ is carried out by respondent and to make the corresponding return/report thereon within thirty (30) days after his receipt of the writ.
SO ORDERED.
Quezon City, Metro Manila, __________________.
Presiding Judge
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Associate Judge
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Associate Judge
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n 11. WRIT OF EXECUTION (for assessment case won by respondent)
Republic of the Philippines
COURT OF TAX APPEALS
Quezon City
| C.T.A. CASE No. ____________ | ||
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____________________________,
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||
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Petitioner,
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||
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versus
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WRIT OF EXECUTION
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____________________________,
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Respondent.
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TO: The Commissioner of Internal Revenue, his authorized
By virtue of Section 2 of the National Internal Revenue Code, as amended, or "Tax Reform Act of 1997" (Rep. Act No. 8424), WE REQUEST you that, of the goods and chattels of ___________________________________ with office address at _________________________________, you cause to be made and collected the total amount of ________________________________ representing deficiency ______________ tax for taxable year _____, itemized as follows: SIaHTD
all in money of the Philippines, which the said losing party should pay to the Commissioner of Internal Revenue, in accordance with the final and executory Decision of this Court rendered on __________________.
However, if sufficient property cannot be found whereof to satisfy this execution, then you are requested that of the lands and buildings of _________________________, you cause to be made the said sum of money in the manner required by law and the Rules of Court, and to make return of your proceedings with this writ within thirty (30) days from the date of receipt hereof.
GIVEN this ______ day of ____________________ 20___, in Quezon City, Metro Manila.
Presiding Judge
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Associate Judge
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Associate Judge
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G. Legal Fees
1. Docket Fees 3
For filing an action or proceeding, including petition for intervention, and for all services in the same, if the sum claimed, or the amount of the disputed tax or customs assessment, inclusive of interest, penalties and surcharges, or value of the article or property in seizure cases, is:
| (a) | Not more than 50,000.00 |
P200.00
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| (b) | More than P50,000.00 but less than |
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| P200,000.00 |
1,000.00
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| (c) | P200,000.00 but less than |
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| P400,000.00 |
1,500.00
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| (d) | P400,000.00 but less than |
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| P600,000.00 |
2,500.00
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| (e) | P600,000.00 but less than |
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| P800,000.00 |
4,000.00
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| (f) | P800,000.00 but less than |
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| P1,000,000.00 |
5,000.00
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| (g) | For each P1,000.00 in excess of |
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| P1,000,000.00 |
7.00
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| but in no case shall the total |
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| filing fee exceed the sum of |
50,000.00
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| (h) | When the value of the subject matter |
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| cannot be estimated |
3,000.00
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In customs seizure or forfeiture cases, the value of the property or article seized or declared forfeited shall be the appraised value or the redemption price, if any, as determined by the Commissioner of Customs, whichever is higher. ScCEIA
In case the value of the property or article seized or declared forfeited, or the sum claimed by the taxpayer or assessed by the Commissioner of Internal Revenue, as definitely appraised by the Court is more than the value or sum stated in the petition, the difference of fee shall be assessed and order for payment included in the decision.
2. Stenographer's Fees 4
Stenographers shall give certified transcript of notes taken by them to every person requesting the same upon payment of (a) six (P6.00) pesos for each page of not less than two hundred and fifty words before the appeal is taken and (b) three pesos and sixty centavos (P3.60) for the same page, after the filing of the appeal; provided, however, that one-third of the total charges shall be paid to the Court and the remaining two-thirds to the stenographer concerned.
3. Witness' Fees 5
The witness' fees shall be one hundred (P100.00) pesos per day, inclusive of travel time.
4. Other Fees
4.1. For certified copies of any paper, record, decree, judgment, or entry thereof for each page, four (P4.00) pesos; 6
4.2. For certification, fifteen (P15.00) pesos; 7 and
4.3. For motions for postponement after completion of the pre-trial stage, one hundred pesos (P100.00) for the first, and an additional fifty pesos (P50.00) for every postponement thereafter based on that for the immediately preceding motion: Provided, however, that no fee shall be imposed when the motion is found to be based on justifiable and compelling reason. 8
H. Circulars
REPUBLIC OF THE PHILIPPINES
COURT OF TAX APPEALS
QUEZON CITY
CIRCULAR NO. 1-95
SUBJECT: CTA Rules governing the presentation of voluminous documents as evidence such as receipts, invoices and vouchers
In accordance with the announced policy of the court and in the interest of speedy administration of justice, the Court hereby promulgates the following rules governing the presentation of voluminous documents and/or long accounts, such as receipts, invoices and vouchers, as evidence to establish certain facts, pursuant to Section 3(c), Rule 130 of the Rules of Court and the doctrine enunciated in Compania Maritima vs. Allied Free Workers Union (77 SCRA 24), as well as Section 8 of Republic Act No. 1125.
1. The party who desires to introduce as evidence such voluminous documents must present: (a) Summary containing the total amount/s of the tax account or tax paid for the period involved and a chronological or numerical list of the numbers, dates and amounts covered by the invoices or receipts; and (b) a Certification of an independent Certified Public Accountant attesting to the correctness of the contents of the summary after making an examination and evaluation of the voluminous receipts and invoices. Such summary and certification must properly be identified by a competent witness from the accounting firm.
2. The method of individual presentation of each and every receipt or invoice or other documents for marking, identification and comparison with the originals thereof need not be done before the Court or the Commissioner anymore after the introduction of the summary and CPA certification. It is enough that the receipts, invoices and other documents covering the said accounts or payments must be pre-marked by the party concerned and submitted to the Court in order to be made accessible to the adverse party whenever he/she desires to check and verify the correctness of the summary and CPA certification. However, the originals of the said receipts, invoices or documents should be ready for verification and comparison in case doubt on the authenticity of the particular documents presented is raised during the hearing of the case.
Be guided accordingly.
Quezon City, Metro Manila, January 25, 1995.
ERNESTO D. ACOSTA
RAMON O. DE VEYRA
MANUEL K. GRUBA
CIRCULAR NO. 10-97
SUBJECT: Amending CTA Circular No. 1-95 — Rules governing the presentation of voluminous documents as evidence such as receipts, invoices, vouchers or long accounts.
In the interest of speedy administration of justice, the Court hereby promulgates the following rules governing the presentation of voluminous documents and/or long accounts, such as receipts, invoices and vouchers, as evidence to establish certain facts pursuant to Section 3(c), Rule 130 of the Rules of Court and the doctrine enunciated in Compania Maritima vs. Allied Free Workers Union (77 SCRA 24), as well as Section 8 of Republic Act No. 1125: DECSIT
1. The party who desires to introduce as evidence such voluminous documents must, after motion and approval by the Court, present: (a) a Summary containing, among others, a chronological listing of the numbers, dates and amounts covered by the invoices or receipts and the amount/s of tax paid; and (b) a Certification of an independent Certified Public Accountant attesting to the correctness of the contents of the summary after making an examination, evaluation and audit of the voluminous receipts and invoices. The name of the accountant or partner of the firm in charge must be stated in the motion so that he/she can be commissioned by the Court to conduct the audit and, thereafter, testify in Court relative to such summary and certification pursuant to Rule 32 of the Rules of Court.
2. The method of individual presentation of each and every receipt, invoice or account for marking, identification and comparison with the originals thereof need not be done before the Court or Clerk of Court anymore after the introduction of the summary and CPA certification. It is enough that the receipts, invoices, vouchers or other documents covering the said accounts or payments to be introduced in evidence must be pre-marked by the party concerned and submitted to the Court in order to be made accessible to the adverse party who desires to check and verify the correctness of the summary and CPA certification. Likewise, the originals of the voluminous receipts, invoices or accounts must be ready for verification and comparison in case doubt on the authenticity thereof is raised during the hearing or resolution of the formal offer of evidence.
Be guided accordingly.
Quezon City, Metro Manila, October 6, 1997.
ERNESTO D. ACOSTA
AMANCIO Q. SAGA
RAMON O. DE VEYRA
CIRCULAR NO. 8-98
TO: OFFICE OF THE SOLICITOR GENERAL, COMMISSIONER OF INTERNAL REVENUE, COMMISSIONER OF CUSTOMS AND ALL MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES.
SUBJECT: Pre-trial Procedure
Pursuant to Section 2, Rule 1 of the 1997 Rules of Civil Procedure, as amended, and in relation to Section 1, Rule 16 of the Rules of the Court of Tax Appeals, the Court hereby adopts the rules on Pre-trial prescribed under Rule 18 of said Rules of Civil Procedure for the purpose of aiding the Court, the counsel and/or party-litigants in arriving at a more expeditious settlement, adjudication or disposition of internal revenue and customs cases. STDEcA
This circular shall take effect thirty (30) days after its issuance.
Quezon City, August 18, 1998.
ERNESTO D. ACOSTA
AMANCIO Q. SAGA
RAMON O. DE VEYRA
CHAPTER VI
Regional Trial Courts
A. Organizational Charts
There is a Clerk of Court for every Regional Trial Court and a Branch Clerk of Court for every branch thereof. For every Regional Trial Court having four (4) or more branches located in the same city or municipality, there is an Assistant Clerk of Court.
1. Model of Organizational Chart for a Single Sala Court
2. Model of Organizational Chart for a Branch of a Multiple Sala Court
3. Organizational Charts for Office of the Clerk of Court in Multiple Sala Courts
3.1. Model of Organizational Chart for Office of the Clerk of Court with 2-3 salas
3.2. Model of Organizational Chart for Office of the Clerk of Court with 4-6 salas
3.3. Model of Organizational Chart for Office of the Clerk of Court with 7-10 salas
3.4. Model of Organizational Chart for Office of the Clerk of Court with 11-15 salas
3.5. Model of Organizational Chart for Office of the Clerk of Court with 16-21 salas
3.6. Model of Organizational Chart for Office of the Clerk of Court with 22-30 salas
* Created per approval of Chief Justice Andres R. Narvasa dated June 3, 1993 but classified only as Sheriff IV in the DBM approved PSI POP.
3.7. Model of Organizational Chart for Office of the Clerk of Court with 31-47 salas
* Created per approval of Chief Justice Andres R. Narvasa dated June 3, 1993 but classified only as Sheriff IV in the DBM approved PSI POP.
3.8. Model of Organizational Chart for Office of the Clerk of Court with 48-72 salas
* Created per approval of Chief Justice Andres R. Narvasa dated June 3, 1993 but classified only as Sheriff IV in the DBM approved PSI POP.
3.9. Model of Organizational Chart for Office of the Clerk of Court with 73-95 salas n DHcESI
* Created per approval of Chief Justice Andres R. Narvasa dated June 3, 1993 but classified only as Sheriff IV in the DBM approved PSI POP.
B. Jurisdiction
1. Jurisdiction in Civil Cases
The Regional Trial Courts exercise exclusive original jurisdiction in the following civil cases: 1
1.1. Actions in which the subject of litigation is incapable of pecuniary estimation;
1.2. Actions which involve the title to, or possession of, real property, or any interest therein, where the assessed value of the property involved exceeds twenty thousand pesos (P20,000.00), or for civil actions in Metro Manila, where such value exceeds fifty thousand pesos (P50,000.00), except actions for forcible entry and unlawful detainer;
1.3. Actions in admiralty and maritime jurisdiction where the demand or claim exceeds two hundred thousand pesos (P200,000.00) or, in Metro Manila, where such demand or claim exceeds four hundred thousand pesos (P400,000.00);
1.4. Matters of probate, both testate and intestate, where the gross value of the estate exceeds two hundred thousand pesos (P200,000.00) or, in probate matters in Metro Manila, where such gross value exceeds four hundred thousand pesos (P400,000.00);
1.5. Actions involving the contract of marriage and marital relations (now under the jurisdiction of the Family Court, infra);
1.6. Cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions;
1.7. Civil actions and special proceedings falling within the exclusive original jurisdiction of the Juvenile and Domestic Relations Court (now Family Court, infra) and the Court of Agrarian Relations as now provided by law; and IHaCDE
1.8. Other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs, or the value of the property in controversy exceeds two hundred thousand pesos (P200,000.00) or, in such other cases in Metro Manila, where the demand, exclusive of the abovementioned items, exceeds four hundred thousand pesos (P400,000.00).
However, in cases where the claim for damages is the main cause of action, or one of the causes of action, the amount of such claim shall be considered in determining the jurisdiction of the Court. 2
2. Jurisdiction in Criminal Cases
The Regional Trial Courts exercise exclusive original jurisdiction in criminal cases not within the exclusive jurisdiction of any court, tribunal, or body. 3 These include:
2.1. Offenses punishable with imprisonment exceeding six (6) years irrespective of the fine, 4 except those falling within the exclusive original jurisdiction of the Sandiganbayan where the accused are occupying positions corresponding to salary grade "27" and higher; 5
2.2. Criminal cases where the only penalty provided by law is a fine exceeding four thousand pesos (P4,000.00), 6 except offenses involving damage to property through criminal negligence which are under the exclusive jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts irrespective of the amount of the imposable fine; 7
2.3. Violations of the Dangerous Drugs Act of 1992, n as amended;8
2.4. Intellectual property rights violations; 9
2.5. Violations of the Omnibus Election Code, except those relating to the offense of failure to register or failure to vote; 10
2.6. Libel cases; 11
2.7. Cases of money laundering committed by private persons, except those in conspiracy with public officers which fall under the jurisdiction of the Sandiganbayan. 12
3. Concurrent Jurisdiction
3.1. With the Supreme Court and Court of Appeals
The Regional Trial Courts have original concurrent jurisdiction with the Supreme Court and Court of Appeals in the following cases:
3.1.1. Petitions for issuance of writs of certiorari, prohibition and mandamus against lower courts or bodies. 13
3.1.2. Petitions for quo warranto and habeas corpus.14
3.2. With the Supreme Court —
The Regional Trial Courts have original concurrent jurisdiction with the Supreme Court in actions affecting ambassadors and other public ministers and consuls. 15
4. Appellate Jurisdiction
The Regional Trial Courts exercise appellate jurisdiction over all cases decided by Metropolitan Trial Courts, Municipal Trial Courts, Municipal Trial Courts in Cities and Municipal Circuit Trial Courts, in their respective territorial jurisdictions. 16
5. Family Courts
The Family Courts shall have exclusive original jurisdiction over the following cases: 17
5.1. 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;
5.2. Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
5.3. Petitions for adoption of children and the revocation thereof;
5.4. Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and property relations of husband and wife or those living together under different status and agreements, and petitions for dissolution of conjugal partnership of gains; ISAaTH
5.5. Petitions for support and/or acknowledgment;
5.6. Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the "Family Code of the Philippines";
5.7. Petitions for declaration of status of children as abandoned, dependent or neglected children, petitions for voluntary or involuntary commitment of children; the suspension, termination, or restoration of parental authority and other cases cognizable under Pres. Decree No. 603, Executive Order No. 56 (series of 1986), and other related laws;
5.8. Petitions for the constitution of the family home;
5.9. Cases against minors under the Dangerous Drugs Act, as amended;
5.10. Violations of Rep. Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act", as amended by Rep. Act No. 7658;
5.11. Cases of domestic violence against —
5.11.1. Women — which are acts of gender-based violence that result, or are likely to result in physical, sexual or psychological harm or suffering to women; and other forms of physical abuse such as battering or threats and coercion which violate a woman's personhood, integrity and freedom of movement; and
5.11.2. Children — which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence and discrimination and all other conditions prejudicial to their development.
If any question involving any of the above matters should arise as an incident in any case pending in the regular courts, said incident shall be determined in that court. CIScaA
6. Special Courts
6.1. Heinous Crimes Cases
Under Adm. Order No. 104-96, as amended by Circular No. 31-97, some branches of the Regional Trial Courts are designated exclusively to try and decide cases of kidnapping, robbery in band, robbery committed against a banking or financial institution, violation of Anti-Carnapping Act of 1972, as amended, and other heinous crimes committed within their respective territorial jurisdictions.
6.2. Intellectual Property Rights Violations
Pursuant to Adm. Order No. 104-96, violations of intellectual property rights such as, but not limited to, violation of Art. 188 of the Rev. Penal Code (substituting and altering trademarks, trade names, or service marks), Art. 189 of the Rev. Penal Code (unfair competitions, fraudulent registration of trademarks, trade names, or service marks, fraudulent designation of origin and false description), Pres. Decree No. 49 (protection of intellectual property rights), Pres. Decree No. 87 (an Act creating the Videogram Regulatory Board), Rep. Act No. 165, as amended (the Patent Law), and Rep. Act No. 166, as amended (the Trademark Law) shall be tried by the Regional Trial Courts in accordance with the established raffle scheme except those covered by Adm. Order No. 113-95 dated October 2, 1995 in which case, the designated Regional Trial Courts shall continue to observe the provisions therein.
6.3. SEC-related Cases
In A.M. No. 00-11-03-SC, the Supreme Court issued En Banc Resolution dated November 21, 2000 designating certain branches of the Regional Trial Courts to try and decide cases formerly cognizable by the Securities and Exchange Commission enumerated in Sec. 5 of Pres. Decree No. 902-A arising within their territorial jurisdictions with respect to the National Capital Judicial Region and within the respective provinces in the First to Twelfth Judicial Regions. EISCaD
Sec. 5.2 of the Securities Regulation Code (Rep. Act No. 8799) transfers to the appropriate Regional Trial Court the original jurisdiction over the following cases:
6.3.1. Cases involving devices or schemes employed by, or any acts of, the board of directors, business associates, its officers or partners, amounting to fraud and misrepresentation which may be detrimental to the interest of the public and/or of the stockholders, partners, members of associations or organizations registered with the Securities and Exchange Commission;
6.3.2. Controversies arising out of intra-corporate or partnership relations, between and among stockholders, members or associates; between any or all of them and the corporation, partnership or association of which they are stockholders, members or associates, respectively; and between such corporation, partnership or association and the state insofar as it concerns their individual franchise or right to exist as such entity;
6.3.3. Controversies in the election or appointment of directors, trustees, officers or managers of such corporations, partnerships or associations; and
6.3.4. Petitions of corporations, partnerships or associations to be declared in the state of suspension of payments in cases where the corporation, partnership or association possesses sufficient property to cover all its debts but foresees the impossibility of meeting them when they respectively fall due or in cases where the corporation, partnership or association has no sufficient assets to cover its liabilities, but is under the management of a Rehabilitation Receiver or Management Committee.
6.4. Agrarian Cases
Adm. Order No. 80A-90, amending Adm. Order No. 80, dated July 18, 1989, designated certain branches of the Regional Trial Courts as Special Agrarian Courts which have original and exclusive jurisdiction over the following cases: CHEIcS
6.4.1. Petitions for the determination of just compensation to landowners; and
6.4.2. Criminal offenses under Rep. Act No. 6657.
6.5. Dangerous Drugs Cases
Under A.M. No. 00-8-01-SC, certain branches of the Regional Trial Courts were designated as Special Courts to hear and decide all criminal cases in their respective jurisdictions involving violations of the Dangerous Drugs Act of 1972 (Rep. Act No. 6425), as amended, regardless of the quantity of drugs involved.
C. Qualifications of Officers
1. Qualification Standards:
1.1. Clerk of Court VII (Office of the Clerk of Court [OCC] in a Multiple Sala Court)
| Education | - | Bachelor of Laws |
| Experience | - | Three (3) years of relevant experience |
| Training | - | Ten (10) hours of relevant training |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
1.2. Clerk of Court VI (Office of the Clerk of Court [OCC] in a Multiple Sala Court and Single Sala Court)
| Education | - | Bachelor of Laws |
| Experience | - | Two (2) years of relevant experience |
| Training | - | Eight (8) hours of relevant training |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
1.3. Clerk of Court V (Assistant Clerk of Court — Office of the Clerk of Court [OCC] and Branch Clerk of Court) ITESAc
| Education | - | Bachelor of Laws |
| Experience | - | One (1) year of relevant experience |
| Training | - | Four (4) hours of relevant training |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
2. Stations
Unless otherwise provided by law, or ordered by the Supreme Court, the official stations of Clerks of Court and Assistant Clerks of Court shall be the places indicated in their respective appointments, while the stations of Branch Clerks of Court shall be the same as those of their respective branches.
3. Supervision Over Clerks of Court
Clerks of Court, Assistant Clerks of Court, Branch Clerks of Court and other subordinate employees of Regional Trial Courts shall, for administrative purposes, be under the supervision of the Supreme Court, but in the performance of their duties, shall be subject to direct supervision of the Executive Judges or the Presiding Judges concerned.
The work and activities of the Clerk of Court of multiple sala courts are under the direct supervision of the Executive Judge, insofar as applicable, who shall, through the Clerk of Court, direct staff support activities to improve judiciary services. 18
D. General Functions and Duties of Clerks of Court and Other Court Personnel
1. Clerks of Court
1.1. Office of the Clerk of Court of a Multiple Sala Court
1.1.1. Clerk of Court
1.1.1.1. is the administrative officer of the Court under the supervision of the Executive Judge;
1.1.1.2. has control and supervision over his personnel, all properties and supplies in his office; cCSEaA
1.1.1.3. acts on applications for leave of absence and signs daily time records of his staff, as well as the security and janitorial service personnel;
1.1.1.4. determines docket fees;
1.1.1.5. assists in the raffle of cases to the branches and judicial notices/summons to accredited publishers;
1.1.1.6. issues clearances in appropriate cases;
1.1.1.7. acts as ex-officio notary public;
1.1.1.8. acts as ex-officio sheriff;
1.1.1.9. represents the Court in administrative dealings with the local government units and other agencies; and
1.1.1.10. performs and discharges such duties as may be assigned by the Executive Judge.
1.1.2. Assistant Clerk of Court
1.1.2.1. assists the Clerk of Court in the performance of the latter's duties and responsibilities;
1.1.2.2. acts as Clerk of Court in the absence of the incumbent;
1.1.2.3. performs and discharges such duties as may be assigned by the Executive Judge.
1.2. Branch Clerk of Court
1.2.1. is the extension of the Clerk of Court for administrative purposes and performs some of the functions and duties of the Clerk of Court but only within the branch, subject to the supervision and control of the Presiding Judge; IaEHSD
1.2.2. is the custodian of the Court's properties and premises;
1.2.3. attends hearing, takes charge of the administrative aspects of its business, and chronicles its directions;
1.2.4. keeps the following books:
1.2.4.1. General Docket
Each page shall be numbered and prepared for receiving all the entries in a single case and shall enter therein all cases, numbered consecutively in the order in which they were received and, under the heading of each case and a complete title thereof, the date of each paper filed or issued, of each order or judgment entered, and of every step taken in the case, so that by reference to a single page the history of the case may be seen. 19
1.2.4.2. Judgment Book
It contains a copy of each judgment rendered by the Court in the order of its date. 20
1.2.4.3. Book of Entries of Judgments
It contains at length in chronological order entries of all final judgments or orders of the Court. 21
1.2.4.4. Execution Book
It contains records in chronological order of each execution, and the officer's return thereon, by virtue of which real property has been sold. 22
The general docket, judgment book, entries book and execution book shall be indexed in alphabetical order in the names of the parties, and each of them. If the Court so directs, the Clerk of Court shall keep two (2) or more of either or all of the books and dockets above mentioned, separating civil from criminal cases, or actions from special proceedings, or otherwise keeping cases separated by classes as the Court shall deem best. 23
1.2.5. keeps a daily record of the Court's activities in a book known as the Court Journal, wherein daily entries shall be made of: aCSDIc
1.2.5.1. Time of opening, recess and closing of the Court
1.2.5.2. Cases tried or heard and status of each
1.2.5.3. Decisions or orders released
1.2.5.4. Cases filed
1.2.5.5. Subpoenas, notices or warrants issued
1.2.5.6. Returns received
1.2.5.7. Other matters as may be specified by the Supreme Court.
The entries for each day shall be certified by the Clerk of Court or Branch Clerk of Court, as the case may be, and the Court Journal shall be open to public inspection. 24
1.2.6. receives and keeps the necessary papers of a case in their corresponding files;
1.2.7. supervises the withdrawal of all records of cases to be heard and the preparation of the notices of hearing, calendar reports, minutes, monthly reports of cases, inventory of cases, index of exhibits and paging of records;
1.2.8. sees to it that all returns of notices are attached to the corresponding records and that all the pieces of documentary evidence properly marked during the hearing are collected in the exhibit folder;
1.2.9. signs summonses, subpoenas and notices; remittances of prisoners, certified true copies of decisions and orders, letters of administration and guardianship, transmittals of appealed cases, indorsements and communications, and monthly reports of cases; HaTISE
1.2.10. signs releases of prisoners, writs and other processes upon order of the Court;
1.2.11. keeps tab of the attendance and whereabouts of personnel during office hours;
1.2.12. receives evidence, when so commissioned, such as in petitions for appointment of administrators and/or executors, receivers, guardians, accounting reports and similar incidents, without collecting fees;
1.2.13. represents the Presiding Judge, when designated by the latter, in ocular inspection and acts as hearing officer in the taking of depositions; and
1.2.14. performs such other functions as may be delegated by the Clerk of Court and/or assigned by the Presiding Judge.
1.3. Clerk of Court of a Single Sala Court
1.3.1. performs the functions of a Clerk of Court in a multiple sala court and the functions of a Branch Clerk of Court.
2. Other Court Personnel
2.1. Office of the Clerk of Court of a Multiple Sala Court
2.1.1. Administrative Officer IV/Administrative Officer V
2.1.1.1. assists the Clerk of Court in supervising, directing and controlling the activities of the Administrative Division;
2.1.1.2. assists the Clerk of Court in his administrative functions pertaining to records, supplies and equipment, personnel, notaries public, and general services; IHTaCE
2.1.1.3. initials requisitions for supplies and materials, applications for leave and other employees' benefits for the signature of the Clerk of Court;
2.1.1.4. implements administrative policies and procedures as directed by the Clerk of Court; and
2.1.1.5. does related work.
2.1.2. Administrative Officer II/Administrative Officer III
2.1.2.1. assists the Administrative Officer IV (or III, as the case may be) in his administrative functions pertaining to his assigned section with regard to records, supplies, equipment, personnel, notaries public and general services, and does related work;
2.1.2.2. performs functions in 2.1.1.3 and 2.1.1.4.
2.1.3. Administrative Officer I
2.1.3.1. assists the Administrative Officer II in the supervision of the operations and activities of the Unit or Section;
2.1.3.2. studies and makes suggestions to improve work methods and procedures for a more effective operation of the Unit or Section;
2.1.3.3. takes actions on delegated routine matters;
2.1.3.4. makes periodic reports of activities and accomplishment of the Unit; and
2.1.3.5. does related work.
2.1.4. Records Officer II/Records Officer III/Records Officer IV/Records Officer V CaAIES
2.1.4.1. directs and supervises the activities of all sections under the division, including the personnel thereof engaged in record management activities;
2.1.4.2. is responsible for the custody and safekeeping of records, papers and documents;
2.1.4.3. authenticates copies of records and causes their repair and rebinding;
2.1.4.4. recommends changes and modifications to improve the recording system;
2.1.4.5. maintains an effective filing and storage system for easy access;
2.1.4.6. prepares answers to correspondence and communications relative to the records kept by the Section;
2.1.4.7. checks all records, papers and documents to determine sufficiency and compliance with rules;
2.1.4.8. keeps track of all incoming and outgoing records and their whereabouts;
2.1.4.9. oversees periodic sanification of records and their environs; and
2.1.4.10. performs other duties that may be assigned to him.
2.1.5. Deputy Sheriff IV/Deputy Sheriff V/Deputy Sheriff VI
2.1.5.1. serves and/or executes all writs and processes of the Courts and other agencies, both local and foreign;
2.1.5.2. keeps custody of attached properties or goods;
2.1.5.3. maintains his own record books on writs of execution, writs of attachment, writs of replevin, writs of injunction, and all other processes executed by him; CDHSac
2.1.5.4. submits periodic reports to the Clerk of Court;
2.1.5.5. does related tasks and performs other duties that may be assigned by the Executive Judge and/or Clerk of Court.
2.1.6. Librarian I (for 4-6 branches)
Librarian II (for 7-55 branches)
Librarian III (for 56-95 branches)
2.1.6.1. directs the operations and activities of the Library Unit/Section and supervises the personnel thereof;
2.1.6.2. implements policies, directives, rules and regulations relating to library administration;
2.1.6.3. plans and makes work assignment and schedule;
2.1.6.4. answers questions involving research and reference materials, and the use of indexes and bibliographies;
2.1.6.5. advises library personnel in the proper maintenance of library records;
2.1.6.6. renders assistance to researchers in the use of the library and its resources;
2.1.6.7. selects and recommends reference materials for acquisition; and
2.1.6.8. does related work.
2.1.7. Human Resource Management II
Human Resource Management Officer III
2.1.7.1. has direct supervision and control over the human resource management operations and activities of the personnel section; ACaEcH
2.1.7.2. gives instructions and guidance on work methods and procedures;
2.1.7.3. plans distribution of work among subordinates;
2.1.7.4. maintains data concerning the activities of the unit for the adequate review of higher officials;
2.1.7.5. analyzes, verifies and consolidates data required by the higher officials;
2.1.7.6. studies and prepares report and recommendations on matters referred to him by his superior;
2.1.7.7. maintains office discipline and recommends required administrative action to superior;
2.1.7.8. settles technical and procedural problems;
2.1.7.9. prepares reports, communications and memoranda as required;
2.1.7.10. authenticates copies of documents;
2.1.7.11. assists the Clerk of Court in the procurement of the office supplies and equipment;
2.1.7.12. recommends to the Clerk of Court in the efficiency/performance rating of subordinate personnel; and
2.1.7.13. does related work.
2.1.8. Human Resource Management Officer I DHESca
2.1.8.1. attends to a variety of specialized personnel work following closely applicable laws, rules and regulations that require no legal interpretation or decision;
2.1.8.2. maintains an up-to-date plantilla of personnel;
2.1.8.3. prepares reports concerning personnel statistics, movements and activities; and
2.1.8.4. does related work.
2.1.9 Human Resource Management Assistant
2.1.9.1. performs highly skilled clerical tasks;
2.1.9.2. helps and participates in the preparation of actions on requests for verification of status of cases;
2.1.9.3. assists in the preparation of necessary reports;
2.1.9.4. maintains an updated compilation of circulars, memoranda, orders, rules and regulations, and other papers and/or documents; and
2.1.9.5. does related work.
2.1.10. Cashier III
2.1.10.1. makes physical deposits and withdrawals of cash as may be authorized by the Clerk of Court;
2.1.10.2. receives collection of cash clerks and consolidates daily collection reports;
2.1.10.3. prepares statements of cash accountability;
2.1.10.4. verifies cash balance of lower-grade receiving cashiers by comparing cash on hand with book balances;
2.1.10.5. verifies the posting of cash advances, disbursements, collections and deposits;
2.1.10.6. prepares daily cash position reports and other monthly reports of collections and disbursements; and
2.1.10.7. does related work.
2.1.11. Cashier II
2.1.11.1. assists Cashier III in the performance of his functions; and
2.1.11.2. performs functions of Cashier III in the absence of plantilla position for Cashier III.
2.1.12. Cashier I
2.1.12.1. assists Cashier II in the performance of his functions; and aAHTDS
2.1.12.2. performs functions of Cashier III in the absence of plantilla positions for Cashier II and Cashier III.
2.1.13. Cash Clerk II (for 2-3 branches)
Cash Clerk III (for 4-55 branches)
2.1.13.1. receives money and/or accepts valid payments in cash, checks, warrants or money orders, and issues receipts for all kinds of payment made;
2.1.13.2. remits all collections for the day to the Cashier, together with the corresponding official receipts;
2.1.13.3. makes daily and periodic reports of the different collections regarding general fund, fiduciary fund and legal research fund;
2.1.13.4. makes visual check to determine genuineness of currency rates;
2.1.13.5. performs the duties of a Cashier in the absence of plantilla position for Cashier; and
2.1.13.6. performs other duties that may be assigned.
2.1.14. Statistician III
2.1.14.1. directs and supervises the work and activities of the Statistics Section;
2.1.14.2. prepares and recommends plans, schedules and statistical methods, techniques and procedures to be followed and observed in the collection, processing and analysis of lower court statistics, particularly cases filed, disposed of and pending in the lower courts as well as accomplishments of judges; AHEDaI
2.1.14.3. supervises and reviews the work of subordinate statisticians and statistical clerks for accuracy, consistency and compliance with instructions;
2.1.14.4. coordinates the work of subordinate statisticians in the collection, compilation, verification, computation, analysis and presentation of various lower courts' statistics;
2.1.14.5. determines the validity, comparability and adequacy of data available to answer statistical needs;
2.1.14.6. recommends to the Clerk of Court in the efficiency/performance rating of subordinate personnel; and
2.1.14.7. does related work.
2.1.15. Statistician II
2.1.15.1. directs and supervises the activities in the Statistics Section;
2.1.15.2. studies and devises methods and techniques to obtain statistical data or to reduce them into appropriate form;
2.1.15.3. analyzes available statistical materials relative to their coverage, methods employed and limitation;
2.1.15.4. evaluates results of statistical surveys and similar inquiries for accuracy, consistency and conformity to standards;
2.1.15.5. gathers, compiles, transforms, computes and summarizes statistical data on cases filed, disposed of and pending in the lower courts; AaDSTH
2.1.15.6. assists in the preparation of statistical tables, charts and graphs of the volume of cases filed, disposed of and pending in the courts as well as the rates of performance of the judges;
2.1.15.7. designs forms for statistical use;
2.1.15.8. devises and adopts techniques, methods and procedures for effective statistical work;
2.1.15.9. reviews work of statistical clerks and aides; and
2.1.15.10. does related work.
2.1.16. Statistician I
2.1.16.1. selects, compiles, transforms, computes and summarizes statistical data on performance of judges, cases filed, disposed of and pending in the courts, status of employment, number of personnel, inventories, as well as other relevant statistics;
2.1.16.2. prepares forms for statistical worksheets and tables according to instructions;
2.1.16.3. computes simple statistical measures of central tendencies and variability as well as non-parametric statistics;
2.1.16.4. utilizes simpler statistical formula;
2.1.16.5. assists in the preparation of questionnaires and tabular presentation of statistics; and
2.1.16.6. conducts field canvass, whenever necessary, to obtain specified statistical information. DAHaTc
2.1.17. Assistant Statistician
2.1.17.1. assists the Statistician II and Statistician I in performing functions mentioned in 2.1.15 and 2.1.16.
2.1.18. Social Welfare Officer II/Social Welfare Officer III
2.1.18.1. conducts interviews and home visits to parties or wards;
2.1.18.2. contacts all possible informants regarding accused minors;
2.1.18.3. prepares case study reports based on interviews and home visits;
2.1.18.4. provides individual and group counseling service and other necessary social services and assistance;
2.1.18.5. refers, by direction of the Court, parties or individuals to appropriate agencies for rehabilitation;
2.1.18.6. appears in Court as witness to supplement his written case study reports submitted to the trial judge; and
2.1.18.7. does related work.
2.1.19. Supply Officer II/Supply Officer III
2.1.19.1. directs the work of a lower staff engaged in various supply activities such as the inspection, delivery, storekeeping and requisitioning of office supplies and equipment for the Office of the Clerk of Court as well as the branches;
2.1.19.2. directs the procurement of office supplies and equipment; IacHAE
2.1.19.3. makes recommendations in determining the use of office supplies and equipment;
2.1.19.4. studies stocks supply and movements; and
2.1.19.5. does related work.
2.1.20. Court Stenographer III
2.1.20.1. takes stenographic notes on all matters that transpire during court hearings or preliminary investigations and transcribes them;
2.1.20.2. takes down and transcribes, in final form, dictations of the Judge/Clerk of Court; and
2.1.20.3. does related work.
2.1.21. Court Interpreter III
2.1.21.1. acts as translator of the Court;
2.1.21.2. attends court hearings;
2.1.21.3. administers oath to witnesses;
2.1.21.4. marks and keeps, under the direction of the Clerk of Court/Branch Clerk of Court, all exhibits submitted in evidence;
2.1.21.5. prepares minutes of the court sessions;
2.1.21.6. maintains and keeps in custody a record book of cases calendared for hearing; and
2.1.21.7. performs such other duties as may be assigned by the Judge and/or Clerk of Court.
2.1.22. Clerk IV
2.1.22.1. assists in the supervision of the Administrative Section; IDATCE
2.1.22.2. prepares requisitions of supplies and materials for all branches and the Office of the Clerk of Court;
2.1.22.3. attends to the general services requirements of all the branches and of the Office of the Clerk of Court; and
2.1.22.4. performs other duties that may be assigned.
2.1.23. Clerk III
2.1.23.1. receives and dockets cases filed with the Office of the Clerk of Court;
2.1.23.2. maintains and keeps custody of docket books for criminal, civil, special civil actions, land registration, special proceedings, administrative cases and reconstituted cases;
2.1.23.3. indexes cases filed with the Office of the Clerk of Court;
2.1.23.4. prepares and initials clearances; and
2.1.23.5. performs other duties that may be assigned to him.
2.1.24. Process Server
2.1.24.1. serves court processes such as subpoena, summons, court order and notice;
2.1.24.2. prepares and submits returns of court processes;
2.1.24.3. monitors messages and/or delivers court mails;
2.1.24.4. maintains and keeps custody of record book of court mail matters received and dispatched by him; and ITaESD
2.1.24.5. performs such other duties as may be assigned to him.
2.1.25. Utility Worker
2.1.25.1. performs a variety of low level functions, such as janitorial work, stitching of case records, messengerial work; and
2.1.25.2. does related work as directed.
2.2. Single Sala or Branch of a Multiple Sala Court
2.2.1. Legal Researcher
2.2.1.1. verifies authorities on questions of law raised by parties-litigants in cases brought before the Court as may be assigned by the Presiding Judge;
2.2.1.2. prepares memoranda on evidence adduced by the parties after the hearing;
2.2.1.3. prepares outlines of the facts and issues involved in cases set for pre-trial for the guidance of the Presiding Judge;
2.2.1.4. prepares indexes to be attached to the records showing the important pleadings filed, the pages where they may be found, and in general, the status of the case;
2.2.1.5. prepares and submits to the Branch Clerk of Court a monthly list of cases or motions submitted for decision or resolution, indicating therein the deadlines for acting on the same; and
2.2.1.6. performs such other duties as may be assigned by the Presiding Judge or the Branch Clerk of Court. THDIaC
2.2.2. Court Stenographer
2.2.2.1. takes stenographic notes on all matters that transpire during court hearings or preliminary investigations and transcribes them;
2.2.2.2. takes down and transcribes, in final form, dictations of the Presiding Judge and/or Branch Clerk of Court; and
2.2.2.3. performs such other duties as may be assigned by the Presiding Judge and/or Branch Clerk of Court.
2.2.3. Court Interpreter
2.2.3.1. acts as translator of the Court;
2.2.3.2. attends court hearings;
2.2.3.3. administers oath to witnesses;
2.2.3.4. marks exhibits introduced in evidence and prepares the corresponding list of exhibits;
2.2.3.5. prepares and signs minutes of the court session;
2.2.3.6. maintains and keeps custody of record book of cases calendared for hearing;
2.2.3.7. prepares court calendars and the records of cases set for hearing; and
2.2.3.8. performs such other functions as may, from time to time, be assigned by the Presiding Judge and/or Branch Clerk of Court. cCTIaS
2.2.4. Sheriff IV
2.2.4.1. serves and/or executes writs and processes addressed and/or assigned to him by the Court and prepares and submits returns of his proceedings;
2.2.4.2. keeps custody of attached properties or goods;
2.2.4.3. maintains his own record books on writs of execution, writs of attachment, writs of replevin, writs of injunction, and all other processes executed by him; and
2.2.4.4. performs such other duties as may be assigned by the Executive Judge, Presiding Judge and/or Branch Clerk of Court.
2.2.5. Clerk III
2.2.5.1. does general clerical functions and other related tasks;
2.2.5.2. assists the Clerk of Court in maintaining the integrity of the docket books of the Court;
2.2.5.3. receives and enters in the docket books all cases filed, including all subsequent pleadings, documents, and other pertinent communications;
2.2.5.4. maintains and updates docket books on pending cases, books on terminated cases, books on appealed cases, books on warrants of arrest issued, books on accused persons who are at-large, and books on judgments against bail bonds;
2.2.5.5. maintains a systematic filing of criminal cases, civil cases, special civil actions, land registration cases and administrative cases;
2.2.5.6. prepares subpoenas, court notices, processes, and communications for the signature of the Presiding Judge and/or Branch Clerk of Court; AIDTSE
2.2.5.7. assists in the release of decisions, orders, processes, subpoenas and notices as directed by the Presiding Judge and/or Branch Clerk of Court;
2.2.5.8. checks and reviews exhibits and other documents in appealed cases;
2.2.5.9. prepares weekly/monthly/quarterly/annual reports to the Court on the status of individual cases;
2.2.5.10. makes available all court records for inspection by the public unless the Court forbids its publicity; and
2.2.5.11. performs such other duties as may be assigned by the Presiding Judge and/or Branch Clerk of Court.
2.2.6. Process Server
2.2.6.1. performs the same functions of a process server in the Office of the Clerk of Court of a multiple sala court.
2.2.7. Utility Worker
2.2.7.1. acts as courier of the Court;
2.2.7.2. maintains and keeps custody of a record book on matters dispatched by him;
2.2.7.3. monitors messages received and/or delivers mail matters to court employees;
2.2.7.4. sews originals of records, pleadings/documents as directed by the Branch Clerk of Court, docket clerk and clerk-in-charge in the strict order of dates in which received and in the correct expediente, seeing to it that they are sewn straight, and that no letterings or parts thereof are stitched; CDcaSA
2.2.7.5. maintains cleanliness in and around the court premises; and
2.2.7.6. performs such other functions as may be assigned by the Presiding Judge and/or Branch Clerk of Court.
3. General Functions of the Office of the Clerk of Court in a Multiple Sala Court
3.1. Office of the Clerk of Court Proper
3.1.1. Adjudicative Support Division
3.1.1.1. Criminal Cases Section
3.1.1.2. Civil Cases Section
3.1.1.3. Special Proceedings Section
3.1.1.4. Land Registration Cases Section
3.1.1.5. Appealed Cases Section
3.1.1.6. Family Court Cases Section
These sections maintain dockets; receive cases for docketing, indexing, raffling and distribution to branches; attend and cater to verification of cases filed and raffled; issue clearances to individuals or corporations; and issue notices of raffle, as well as summonses when required or requested.
3.1.2. Administrative Division
3.1.2.1. Collecting Section
a. assesses filing fees and allocates the fees to different accounts; SIacTE
b. receives payments for filing fees, judicial deposits and other fees such as clearance, notarial and extra-judicial commissions;
c. deposits collections to, and withdraws funds from, banks; and
d. prepares reports of collections, deposits and withdrawals.
3.1.2.2. Notarial Section
a. prepares notarial commissioning and oath of office and submits them to the Executive Judge for approval after verification as to authenticity and correctness of the documents presented;
b. issues authenticated and certified copies of documents filed by commissioned notaries public;
c. receives all notarial reports for filing, sorting and safekeeping; and
d. maintains efficient archives of these notarial reports for preservation and to facilitate retrieval.
3.1.2.3. Records and Archives Section
a. receives records of terminated cases for filing; and
b. maintains efficient archives of these records for protection and to facilitate retrieval.
3.1.2.4. Personnel Section
a. maintains personnel files;
b. prepares certifications and clearances for personnel; and CAaDTH
c. distributes salary checks and other benefits.
3.1.2.5. Property and Supplies Section
a. maintains accurate inventory of property and supplies; and
b. requisitions, receives, records and distributes property/supplies to personnel.
3.1.2.6. Statistics Section
a. gathers, maintains and prepares statistical data on cases filed and raffled; and
b. designs and submits statistical reports, including inventory of cases.
3.1.2.7. Library Section
a. requisitions books and other printed matters from the Supreme Court and receives donated books; and
b. maintains and keeps books and printed matters for research and reference purposes.
3.1.3. The Pool Section
This is composed of Stenographers, Interpreters and Sheriffs, who may be assigned to the different branches of the Court, whenever requested, to fill in vacancies arising from leave of absence, retirement, resignation or transfer, and of Social Workers who are assigned to Family Courts.
3.2. Clerk of Court as Ex-Officio Sheriff
3.2.1. Serves summonses and notices of raffle in initiatory pleadings with application for temporary restraining order and preliminary injunction; 25
3.2.2. Serves processes and implements writs coming from: DcSEHT
3.2.2.1. the branches of the Court in the absence of the branch sheriff;
3.2.2.2. the other courts of the country, including the Court of Appeals and the first level courts; and
3.2.2.3. the offices and quasi-judicial agencies of the Government.
3.2.3. Serves summonses and processes coming from foreign countries.
E. Specific Functions and Duties
1. Adjudicative Support Functions
1.1. Office of the Clerk of Court and Single Sala Court
1.1.1. Filing with the Court
1.1.1.1. Manner of filing — The filing of pleadings, appearances, motions, notices, orders, judgments and all other papers shall be made by presenting the original copies thereof, plainly indicated as such, personally to the Clerk of Court or by sending them by registered mail. 26
a. Personal — The Clerk of Court shall endorse on the pleading the date and hour of filing. 27
The complaint is deemed filed when the date and hour of filing are written or stamped by the clerk on the complaint. The Clerk of Court is directed not to docket the complaint unless the correct docket fees are first paid. In case of indigent litigant, the case should not be docketed unless the order of the Judge allowing him to litigate as such has been issued. 28 AaIDCS
b. Registered mail — The date of mailing of motions, pleadings or any other papers or payments or deposits, as shown by the post office stamp on the envelope or the registry receipt shall be considered as the date of their filing, payment or deposit in court. The envelope shall be attached to the record. 29
If the docket fees are not enclosed with the registry-mailed complaint, or if the amount of the fees sent is short of that required by law, the Clerk of Court shall not docket the complaint and shall immediately inform the plaintiff thereof and apprise the Court accordingly.
1.1.1.2. Payment of Docket and other Legal Fees — Upon the filing of the pleading or other application which initiates an action or proceeding, the fees prescribed therefor shall be paid in full. 30
a. Guidelines — No case should be assigned a number until the filing fee is paid and in case of indigent party, until the motion to litigate as indigent party is approved by the Court/Executive Judge.
b. Exemptions from payment of court fees —
b.1. Indigent litigants — Indigent litigants (a) whose gross income and that of their immediate family do not exceed four thousand (P4,000.00) pesos a month if residing in Metro Manila, and three thousand (P3,000.00) pesos a month if residing outside Metro Manila, and (b) who do not own real property with an assessed value of more than fifty thousand (P50,000.00) pesos, shall be exempt from the payment of legal fees. IEHDAT
The legal fees shall be a lien on any judgment rendered in the case favorably to the indigent litigant, unless the Court otherwise provides.
To be entitled to the exemption provided in Rule 141, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income above mentioned, nor do they own any real property with the assessed value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant's affidavit.
Any falsity in the affidavit of a litigant or disinterested person shall be a cause to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred. 31
b.2. Government exempt — The Republic of the Philippines, its agencies and instrumentalities, are exempt from paying the legal fees provided in Rule 141. Local governments and government-owned or controlled corporations with or without charters are not exempt from paying such fees. 32 DAaEIc
However, all court actions, criminal or civil, instituted at the instance of the provincial, city or municipal treasurer or assessor under Sec. 280 of the Local Government Code of 1991 shall be exempt from the payment of court and sheriff's fees.
b.3. Tenant-farmer, agricultural lessee or tiller, settler or amortizing owner-cultivator. 33
1.1.2. Receiving and Docketing
1.1.2.1. Receiving
a. In single sala, initiatory and subsequent pleadings shall be filed with the Clerk of Court.
b. In multiple sala, initiatory pleadings shall be filed with the Office of the Clerk of Court and subsequent pleadings shall be filed directly with the branch to which the case is assigned.
1.1.2.2. Docketing
a. In a single sala court, the clerk shall keep a General Docket, each page of which shall be numbered and prepared for receiving all the entries in a single case and shall enter therein all cases, numbered consecutively in the order in which they were received, and under the heading of each case and a complete title thereto, the date of each paper filed or issued, of each order or judgment entered, and of every step taken in the case, so that, by reference to a single page, the history of the case may be seen. 34
b. The date and time of filing must be indicated on the cover as well as on the first page of the pleading together with its assigned docket number. TaCSAD
c. The docket number must follow a sequential order corresponding to the date and time of filing of the case which shall be reflected in the Docket Record, in which the docket number, caption, date and time of filing of the case, and the number and date of the official receipts for the legal fees paid shall be entered. 35
d. The clerk in charge in the Office of the Clerk of Court shall indicate on the appropriate page of the docket the branch to which the case is raffled and the date of raffling, as well as the dispositive portion of the judgment or final order.
1.1.3. Assignment of Cases/Raffling of Cases
The assignment of cases to the different branches of a Court shall be done exclusively by raffle. The assignment shall be done in open session of which adequate notice shall be given so as to afford interested parties the opportunity to be present. 36
The raffle of cases should be regularly conducted at the hour and on the day or days to be fixed by the Executive Judge. Only the maximum number of cases, according to their dates of filing, as can be equally distributed to all branches in the particular station or grouping shall be included in the raffle. Cases in excess of the number sufficient for equal distribution shall be included in the next scheduled raffle, subject to the exceptions in urgent incidental or interlocutory matters. 37 aSTAIH
1.1.3.1. Notice of raffle
a. Notice of the day and hour of the raffle shall be posted prominently at the main entrance of the session hall of the Executive Judge and at the bulletin board of the Office of the Clerk of Court. Other notices to the parties may be sent as the interest of justice may require on request of any party and with the prior approval of the Executive Judge. There shall be no special raffle of any case except on meritorious application in writing by any party to the case and with the approval of the Executive Judge. 38
b. If the regular raffle of cases is scheduled at 2:00 o'clock in the afternoon of the raffle day, the cut-off period for the inclusion of cases in the list shall be 12:00 o'clock noon to allow sufficient time for the preparation of a complete raffle list for posting and distribution of copies to all judges before the raffle. In this connection, each judge in the station must have a copy of the list at least thirty (30) minutes before the scheduled raffle. 39
c. The list of cases to be raffled must be arranged according to the sequence of their docket numbers. There should be a list for criminal cases and another for civil cases. 40
d. The list of criminal cases should first enumerate those exclusively cognizable by special criminal courts and/or courts designated to hear family and youth cases. 41
1.1.3.2. Regular raffle DSETac
a. A Raffle Committee shall be composed of the Executive Judge, Vice-Executive Judges and two (2) other judges assigned for the raffle in accordance with the pairing system who shall all be present during the scheduled raffle. The assignment of pairing judges shall be strictly by rotation. 42
The Committee shall be assisted in the raffle by the Clerk of Court/Assistant Clerk of Court and two (2) stenographers. 43
b. In stations where there are only two (2) salas, the judges of both and either the Clerk of Court or the Branch Clerk of Court should be present. In the absence of the Executive Judge, the Judge at the station who is the most senior in point of appointment to the Judiciary shall personally conduct the raffle. 44
c. The raffle must be conducted at the lawyer's table in open court. Under no circumstance may any raffle be made in chambers. 45
d. The raffle must be conducted in such manner that all branches of the Court in that station or grouping, including vacant salas, shall receive more or less the same number of civil, criminal and other kinds of cases. 46
However, all vacant salas without judges on temporary assignment or detail therein, or the sala where the judge is on an extended leave of more than 30 days, shall be excluded from the raffle of criminal cases [involving detention prisoners]; provided that once the vacancies are filled or the absent judge has returned, the sala shall be assigned such number of cases as will equalize its caseload equitably with the rest of the other branches in the same station. 47
e. The members of the Raffle Committee, together with the pairing judges assigned for the raffle, shall each confirm in open court the branch to which a case is raffled before the next draw is made. 48 cEaCAH
f. The stenographers shall record accurately the raffle proceedings stating therein, among others, the names of all those required to be present and the parties attending, if any. 49
The stenographers shall transcribe, duly accomplish and sign the minutes of the raffle proceedings immediately, not later than twenty-four (24) hours thereafter. 50
g. Every Judge sitting in the Raffle Committee shall review the entries in the Minutes and countercheck them with his own entries in his list before signing on each and every page thereof. He shall not affix his signature thereon unless he has thoroughly verified the accuracy of the entries in the minutes. 51
h. Every Judge sitting in the Raffle Committee shall then affix his initials on the right hand corner of the cover page and the first page of the initial pleading, but only after a thorough verification of the accuracy of the assignment of the cases to the branches drawn in the raffle. The Executive Judge shall be the last to affix his initials as herein required only after proper verification of the accuracy of the entries in the minutes. 52
i. The minutes shall be signed in turn by all members of the Raffle Committee, duly certified by the Executive Judge, and posted immediately at the bulletin boards of the Executive Judge and the Clerk of Court. Each branch shall be furnished a copy of the minutes of the raffle. 53 SHacCD
1.1.3.3. Special raffle
a. Whenever an incidental or interlocutory matter in a case is of such urgent nature that it may not wait for the regular raffle, the interested party may request the Executive Judge in writing for a special raffle. If the request is granted and the special raffle is conducted, the case shall immediately be referred to the branch to which it corresponds. The Executive Judge shall have no authority to act on any incidental or interlocutory matter in any case not yet assigned to any branch by raffle. 54
b. There shall be no special raffle except upon written application of a party and only upon highly justifiable reason/s to be determined by the Executive Judge and his Vice Executive Judges after due consultation with one another. A certification granting or denying the application and citing the reason/s therefor shall be issued accordingly. Such certification shall be attached to the expediente immediately after the initial pleading and shall form part of the record of the case. 55
c. If the application is granted, the special raffle shall be held in the session hall of the Executive Judge in the presence of the members of the Raffle Committee scheduled to sit in the next regular raffle. A certification to the effect that a special raffle was duly held and that the case was thereafter assigned to the branch drawn in the process shall be issued and signed by all the members of the Special Raffle Committee. 56 EASCDH
d. The date and time of the raffle shall be written on the front cover of the expediente and on the first page of the initial pleading and signed by all members of the Special Raffle Committee. 57
e. In the preparation of the list of cases to be included in the regular raffle, the Clerk of Court shall include the cases thus specially raffled prior to the scheduled regular raffle, indicating therein the branch to which these cases have been assigned. 58
f. If the application for special raffle is denied, the case shall be included in the list of cases for the next regular raffle. 59
1.1.3.4. Caseload of the Executive Judge — The caseload of the Executive Judge shall be as follows: 60
a. In case of multiple branches (salas) of not more than two (2), the distribution of cases shall be in the proportion of three (3) cases for the Executive Judge and four (4) for the other judge.
b. In case of multiple branches (salas) of not less than three (3) or more than five (5), the distribution of cases shall be in the proportion of two (2) cases for the Executive Judge and three (3) for each of the other judges.
c. In case of multiple branches (salas) of more than five (5), the distribution of cases shall be in the proportion of one (1) case for the Executive Judge and two (2) for each of the other judges. IECAaD
1.1.3.5. Re-assignment of cases of disqualified/inhibiting judges
Inhibitions and disqualifications are judicial actions which do not require prior administrative approval. Administrative intervention is necessary only when the inhibition is by a judge of a single sala, and the case has to be transferred to another judge of another station. Administrative intervention is also warranted in case of conflict of opinions among the judges as to the propriety of the inhibition. 61
a. With respect to single sala courts, only the order of inhibition shall be forwarded to the Supreme Court for appropriate action. The records of the case shall be kept in the docket of the Court concerned while awaiting the instruction and/or action of the Supreme Court thereon. 62
b. With respect to multiple sala courts, only the order of inhibition shall be forwarded to the Executive Judge for appropriate action. The records of the case shall be kept in the docket of the Court concerned while awaiting the instruction and/or action of the Executive Judge thereon. 63
In any case where the Judge concerned is disqualified or voluntarily inhibits himself, the records shall be returned to the Executive Judge and the case shall be included in the regular raffle for re-assignment. Another case, similar in category to the one re-assigned, shall be assigned by raffle to the disqualified or inhibiting Judge to replace the case so removed from his Court. 64 DHSACT
1.1.3.6. Re-distribution of pending cases in multiple sala stations
In multiple sala stations where former incumbents have either retired or were promoted, leaving undecided pending cases of such volume that the present incumbent finds extreme difficulty in attending thereto, the Executive Judge should promptly make a report and recommendation on the equitable redistribution of these cases to the other salas. As much as practicable, the incumbent judges should arrive at an agreement on the matter; otherwise, the matter should be brought to the attention of the Court Administrator for prompt action. 65
1.1.3.7. Distribution of cases among re-assigned judges 66
a. In order to minimize if not avoid public criticism, every trial judge who has started hearing a case shall continue to hear and decide the case even if a new judge is appointed or designated to replace him. For this purpose, the re-assigned judge shall in the meantime be considered Assisting Judge of the branch to which he was formerly assigned. If the re-assigned judge is only transferred to another branch in the same seat, the case shall be transferred to the branch to which he is assigned. He shall endeavor to so adjust his calendar as to enable him to dispose of his cases efficiently in his original as well as in his present assignment. HScAEC
b. Cases submitted for decision at the time of the appointment of a new judge shall be decided by the judge to whom they were submitted for decision, including motions for reconsideration and motions for new trial thereafter filed. However, if a new trial is granted, the new judge shall preside over the new trial until terminated.
1.1.3.8. Unloading of cases and special rules in newly created branches 67
a. The Executive Judge shall determine the average caseload of each branch by dividing the total number of cases pending in the station by the number of branches thereat, including those newly created.
b. Each of the original branches may unload its excess over the average number determined in the preceding paragraph, subject to the following restrictions:
b.1. The unloading of cases shall be limited to civil cases which have not gone beyond the pre-trial stage, and criminal cases where the trial proper has not yet commenced.
b.2. In the event of an imbalance in the caseloads because fewer cases are unloaded to new courts while existing courts retain higher caseloads, the caseloads shall be equalized by excluding from the raffle all or some of the existing courts with higher dockets. The existing courts will be included in the raffle only when the caseloads of the new courts have attained the average level in the subsequent raffle of additional cases. caITAC
c. Thereafter, the raffle shall be effected after the Executive Judge shall have collated all the cases to be unloaded and all the parties have been duly notified. The unloading shall be done strictly by raffle unless otherwise authorized by the Supreme Court.
d. In the meantime that the personnel complements of the newly created courts are being organized, their presiding judges may be assigned to existing courts with which such newly created courts may be paired. For this purpose, the presiding judge of a newly created court as pair judge of an existing court in the same station may hear and resolve cases and incidents requiring speedy action, such as those involving detention prisoners, applications for search warrants, petitions for habeas corpus, and other cases requiring immediate attention.
1.1.3.9. Special rules in newly created seats/stations 68
a. In areas with newly created seats/stations originally belonging to the territorial area of another court (e.g., RTC, Makati, where new seats or stations have been established in Muntinlupa, Las Piñas and Parañaque), each branch of the court in the original station is directed to immediately make an inventory of the cases which may be properly allocated to the newly created courts.
b. The following rules shall, likewise, be observed:
b.1. The cases to be unloaded to the courts in the new station shall not exceed 150 for each branch to give ample allowance for cases which may be filed directly with the new courts. CTHaSD
b.2. In the meantime that the clerks of court for these new seats/stations are not yet appointed, or that no bonded court employee is designated to receive docket and other legal fees, the payment of such docket and other fees shall be made with the Clerks of Court of the original stations.
Any other administrative problem that may arise in the newly created courts shall be brought to the attention of the Court Administrator before any action is taken thereon so that the latter may, if necessary, refer the matter to the Supreme Court for appropriate resolution.
1.1.3.10. Inherited cases 69
As regards inherited cases which are submitted for decision before trial judges who have been promoted or, for any reason, are no longer in the service, the following rules shall apply:
a. Inherited cases shall be decided by judges of existing courts to whom they are assigned. In fact, they are directed to decide these cases with deliberate dispatch.
b. The Supreme Court, on its own initiative or upon recommendation of the Executive Judge, may direct a judge of a newly created court to decide inherited cases.
c. An inherited case is deemed submitted to a judge for decision after he has received the testimony of the last witness, and for this purpose, the submission of exhibits and the memoranda of the parties shall not be taken into account. CcHDSA
1.1.3.11. Dismissed cases when refiled
When a case is dismissed for any cause whatsoever and the same is refiled, it shall not be included in the raffle anymore but shall be assigned to the branch to which the original case pertained. If, by mistake or otherwise, such case is raffled and assigned to another branch, the latter must transfer the case to the branch to which it originally belonged, in which event another case shall be assigned by raffle as replacement. 70
To give greater force and effect to this rule, all orders of dismissal must be served upon all parties impleaded in the case.
1.1.3.12. Change of venue
Requests for change of venue shall be forwarded to the Supreme Court for appropriate action without the record of the cases concerned which shall be kept in their respective courts to await the instruction and/or action of the Supreme Court thereon. The judge of the court from which the case is sought to be transferred shall attach his comment and/or recommendation on such request.
1.1.3.13. Consolidation
When actions involving a common question of law or fact are pending before the Court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. 71 aSAHCE
By analogy, as is the practice in the Court of Appeals, whenever two (2) or more allied cases are assigned to different branches of the same Court, the consolidation shall be in the branch with the case bearing the lowest docket number, subject to replacement with a case or cases of the same kind and status. 72
Notice of the consolidation and replacement shall be given to the parties and their respective counsel.
1.1.3.14. Designated Special Courts
The Executive Judges of the Regional Trial Courts shall exclude designated Special Courts from the raffle of other cases, criminal and civil, whenever in their judgment the caseload of these courts shall prevent them from conducting daily trial of the special cases. 73
1.1.3.15. Family Courts 74
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 juveniles in conflict with the law, the Executive Judge shall cause the transfer of the listed cases to the 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 branches involved. ICTDEa
c. In provinces or cities where no branch or branches of the Regional Trial Court have been designated to handle juvenile and domestic relations cases or cases involving juveniles in conflict with the law, 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 ten (10) days from receipt of such records.
1.1.3.16. Special Agrarian Courts 75
a. All cases falling under Secs. 56 and 57 of the Comprehensive Agrarian Reform Law of 1988 which were filed with the Regional Trial Courts before the designation of the Special Agrarian Courts shall be transferred to the said Special Agrarian Courts, whether trial thereon has already commenced or not.
b. Where two (2) Special Agrarian Courts are designated for a single province, the cases cognizable by said Special Agrarian Courts under the CARL shall be raffled by the Executive Judge between the said two (2) Special Agrarian Courts.
1.1.4. Pairing System
1.1.4.1. Multiple Sala Courts
a. A pairing system shall be established whereby every branch shall be considered as paired with another branch. 76 HIAESC
b. Whenever a vacancy occurs by reason of resignation, dismissal, suspension, retirement, death, or prolonged absence of the presiding judge, the judge of the paired court shall take cognizance of all cases thereat as acting judge therein until appointment and assumption to duty of the regular judge or the designation of an acting presiding judge or the return of the regular incumbent judge, or until further orders from the Court. 77
c. For the purpose of pairing system, Branch 1 shall be paired with Branch 2, Branch 3 with Branch 4, and so on; and any branch in a station left without a pair shall be paired with the branch presided by the Executive Judge in addition to the latter's regular pair. In case of vacancy in the two (2) branches paired, with each other, or prolonged absence of both Presiding Judges of the paired branches, the incidental or interlocutory matters pertaining to any or both branches shall be acted upon by the Executive Judge. "Prolonged absence" means absence of one month or more. 78
1.1.4.2. Single Sala Courts 79
a. In the event of vacancy in a single sala station or of the absence or disability of the judge thereof and no acting judge has yet been designated, the Clerk of Court, upon request of any party, shall refer any urgent matter requiring immediate action to the nearest Presiding Judge of the appropriate Regional Trial Court or Municipal Trial Court with jurisdiction to act on the matter. Such Presiding Judge is authorized to hear and resolve any urgent matters, including applications for restraining orders, injunctions and other matters requiring immediate attention prior to the appointment of a new judge, the return of the regular judge or the assignment of an acting judge, without prejudice to any subsequent action that may be taken by the judge to whom the particular case is eventually assigned. If the nearest trial court is a multiple sala station, the matter shall be referred to the Executive Judge, or in his absence, the Presiding Judge authorized to act for the Executive Judge.
b. The Clerk of Court, before making such referral to the nearest Presiding Judge of the same level, shall certify that the station is vacant, or that the Presiding Judge thereof is absent or disabled and that no acting judge has been designated. The RTC Executive Judge with jurisdiction over the MTC single sala station concerned or the Court Administrator in the case of an RTC single sala station, shall immediately be notified of said referral.
c. The Pairing Judge shall act on all matters pertaining to the paired single sala station in the said station utilizing its personnel and facilities. His attendance therein shall be deemed to be on official business. However, if his travel to the paired single sala station would cause delay in the trial or disposition of cases in his own court, he may act on all matters pertaining to the other court in his own station. ICHAaT
d. If there are two (2) or more single sala courts more or less equidistant from the court without a judge, referral shall be made to the Presiding Judge most senior in the station, or if the Judges are of equal seniority, then to the Presiding Judge with the least number of pending cases.
1.2. Single Sala and Branch of a Multiple Sala Court — in Civil Cases (Ordinary Civil Actions, Special Civil Actions and Special Proceedings)
1.2.1. Before Trial
1.2.1.1. Summons
a. Clerk to issue summons
Upon the filing of the complaint and the payment of the requisite legal fees, the Clerk of Court shall forthwith issue the corresponding summons to the defendants. 80
In multiple sala court, it is the Branch Clerk of Court who issues the summons.
b. Contents
The summons shall be directed to the defendant, signed by the Clerk of Court under seal, and contain: (a) the name of the Court and the names of the parties to the action; (b) a direction that the defendant answer within the time fixed by the Rules of Court; (c) a notice that unless the defendant so answers, plaintiff will take judgment by default and may be granted the relief applied for. SDHAcI
A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the original and each copy of the summons. 81
c. Issuance of alias summons
If a summons is returned without being served on any or all of the defendants, the server shall also serve a copy of the return on the plaintiff's counsel, stating the reasons for the failure of service, within five (5) days therefrom. In such a case, or if the summons has been lost, the Clerk, on demand of the plaintiff, may issue an alias summons. 82
d. By whom served
The summons may be served by the sheriff, his deputy, or other proper court officer, or for justifiable reasons by any suitable person authorized by the Court issuing the summons. 83
Summons must be served within fifteen (15) days from receipt by the server. The officer serving the summons must make a return thereof, whether served or unserved.
e. Return
When the service has been completed, the server shall, within five (5) days therefrom, serve a copy of the return, personally or by registered mail, to the plaintiff's counsel, and shall return the summons to the clerk who issued it, accompanied by proof of service. 84 cDTCIA
1.2.1.2. Order and/or Notice of Hearing in lieu of, or in addition to, summons
a. In petition for relief
If the petition is sufficient in form and substance to justify relief, the Court in which it is filed, shall issue an order requiring the adverse parties to answer the same within fifteen (15) days from the receipt thereof. The order shall be served in such manner as the Court may direct, together with copies of the petition and the accompanying affidavits. 85
b. In certiorari, prohibition and mandamus
If the petition is sufficient in form and substance to justify such process, the Court shall issue an order requiring the respondent or respondents to comment on the petition within ten (10) days from receipt of a copy thereof. Such order shall be served on the respondents in such manner as the Court may direct, together with a copy of the petition and any annexes thereto. 86
c. In escheat proceedings
If the petition is sufficient in form and substance, the Court, by an order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, which date shall be not more than six (6) months after the entry of the order, and shall direct that a copy of the order be published before the hearing at least once a week for six (6) successive weeks in some newspaper of general circulation published in the province, as the Court shall deem best. 87
d. In cases of adoption
Upon receipt of a petition for adoption, sufficient in form and substance, the Court, by an order reciting the allegations in the petition, shall set the same for hearing on a date which shall not be more than six (6) months after the entry of the order. 88
The said order shall be published in a newspaper of general circulation once a week for three (3) consecutive weeks, the last publication of which shall be at least two (2) weeks before the date of hearing.
No petition for adoption shall be set for hearing unless a licensed social worker of the Department of Social Welfare and Development, the social service office of the local government unit, or any child-placing or child-caring agency has made a case study for the adoptee, his biological parent(s), as well as the adopter(s), and has submitted the report and recommendations on the matter to the Court hearing such petition. 89
e. In cases of custody of minors
Upon the filing of a petition for custody, the rules on issuance and service of summons shall be observed. THaDAE
After the last pleading has been filed, the case is set for pre-trial and referred to the social services and counselling division of the Court for social case study. 90
f. In petition for involuntary commitment of a child 91
If the Court is satisfied that the petition is sufficient in form and substance, it shall direct the Clerk of Court to immediately issue summons which shall be served together with a copy of the petition and a notice of hearing, upon the parents or guardian of the child and the office of the public prosecutor not less than five (5) days before the date of hearing. The office of the public prosecutor shall be directed to immediately transmit the summons to the prosecutor assigned to the Family Court concerned.
If it appears from the petition that both parents of the child are dead or that neither parent can be found in the province or city where the Court is located and the child has no guardian residing therein, summons may not be issued and the Court shall thereupon appoint a guardian ad litem pursuant to sub-section (f) of Sec. 4 of the Rule on Commitment of Children and proceed with the hearing of the case with due notice to the provincial or city prosecutor.
g. In petition for removal of custody of a child voluntarily committed to an institution or individual
If the petition is sufficient in form and substance, the Court shall set the same for hearing with notice to the Department, the public prosecutor, the court-designated social worker, the agency or individual to whom the child has been committed and in appropriate cases, the parents of the child. 92
h. In petition for commitment of a disabled child 93
If the petition filed is sufficient in form and substance, the Court, by an order reciting the purpose of the petition, shall fix the date of the hearing thereof, and a copy of such order shall be served on the child alleged to be mentally retarded, physically handicapped, emotionally disturbed, mentally ill, with cerebral palsy or with similar afflictions and on the person having charge of him or any of his relatives residing in the province or city as the Court may deem proper.
The order shall also direct the sheriff or any other officer of the court to produce, if necessary, the alleged disabled child on the date of hearing.
i. In proceedings for hospitalization of insane persons
If the petition filed is sufficient in form and substance, the Court, by an order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, and copy of such order shall be served on the person alleged to be insane, and to the one having charge of him, or on such of his relatives residing in the province or city as the judge may deem proper. The Court shall furthermore order the sheriff to produce the alleged insane person, if possible, on the date of the hearing. 94 HCTAEc
j. In habeas corpus cases
A Court or Judge authorized to grant the writ must, when a petition therefor is presented and it appears that the writ ought to issue, grant the same forthwith, and immediately thereupon the Clerk of Court shall issue the writ under the seal of the Court; or in case of emergency, the Judge may issue the writ under his own hand, and may deputize any officer or person to serve it. 95
k. In change of name proceedings (for cases not covered by Rep. Act No. 9048)
If the petition filed is sufficient in form and substance, the Court, by an order reciting the purpose of the petition, shall fix a date and place for the hearing thereof, and shall direct that a copy of the order be published before the hearing at least once a week for three (3) consecutive weeks in some newspaper of general circulation published in the province, 96 as the Court shall deem best. The date set for the hearing shall not be within thirty (30) days prior to an election nor within four (4) months after the last publication of the notice. 97
l. In absentee cases 98
When a petition for the appointment of a representative, or for the declaration of absence and the appointment of a trustee or administrator is filed, the Court shall fix a date and place for the hearing thereof, where all concerned may appear to contest the petition.
Copies of the notice of the time and place fixed for the hearing shall be served upon the known heirs, legatees, devisees, creditors and other interested persons, at least ten (10) days before the day of the hearing, and shall be published once a week for three (3) consecutive weeks prior to the time designated for the hearing, in a newspaper of general circulation in the province or city where the absentee resides, as the Court shall deem best.
m. In cases of cancellation and correction of entries in the civil registry (for cases not covered by Rep. Act No. 9048) DSHcTC
Upon the filing of the petition, the Court shall, by an order, fix the time and place for the hearing of the same, and cause reasonable notice thereof to be given to the persons named in the petition. The Court shall also cause the order to be published once a week for three (3) consecutive weeks in a newspaper of general circulation in the province. 99
n. In cases of voluntary submission of drug dependent
When a sworn petition of a parent, guardian or relative within the fourth degree of consanguinity or affinity of the minor drug dependent, or of the Secretary of Health, or the Secretary of Social Welfare and Development, is filed, the Court shall set the petition for hearing and give the drug dependent an opportunity to be heard. If, in its opinion, after such hearing, the facts so warrant, the Court shall order the minor drug dependent to be examined by two (2) physicians accredited by the Dangerous Drugs Board and if both physicians conclude, after examination that the minor is not a drug dependent, the Court shall order his discharge. If either physician finds him to be a dependent, the Court shall conduct a hearing and if after considering all relevant evidence, the Court makes a finding of drug dependency, it shall issue an order for his commitment to a center designated by it for treatment and rehabilitation under the supervision of the Board. 100
o. In cases of voluntary dissolution of conjugal partnership
Upon receipt of a verified petition jointly filed by the spouses for voluntary dissolution of the absolute community or the conjugal partnership of gains and for the separation of their common properties, wherein all creditors of the absolute community or of the conjugal partnership of gains, as well as the personal creditors of the spouses are listed and notified, the Court shall take measures to protect the creditors and other persons with pecuniary interests. 101
1.2.1.3. Modes of filing and service of pleadings, motions, notices, orders and other papers
a. Personal service DCASEc
Service of the papers may be made by delivering personally a copy to the party or his counsel, or by leaving it in his office with his clerk or with a person having charge thereof. If no person is found in his office, or his office is not known, or he has no office, then by leaving the copy, between the hours of eight (8:00) in the morning and six (6:00) in the evening, at the party's or counsel's residence, if known, with a person of sufficient age and discretion then residing therein. 102
b. Service by mail
b.1. Service by registered mail shall be made by depositing the copy in the post office, in a sealed envelope, plainly addressed to the party or his counsel at his office, if known, otherwise at his residence, if known, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered. If no registry service is available in the locality of either the sender or the addressee, service may be done by ordinary mail. 103
b.2. On every envelope or package for mailing and on the face of the corresponding registry return card must be indicated the (1) number, (2) title of the case, and (3) description of the contents thereof such as decision/order/writ/notice of hearing, together with a "note request" stamped or typewritten to the postmaster concerned to indicate in the registry notice to be sent to the addressee the corresponding case number, title and description of the contents of the mail matter. 104
b.3. Mail matters of the Courts (judicial proceedings) enjoy franking privilege.
c. Substituted service
If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made by personal service or service by mail, the office and place of residence of the party or his counsel being unknown, service may be made by delivering the copy to the Clerk of Court, with proof of failure of both personal service and service by mail. The service is complete at the time of such delivery. 105
d. Completeness of service ECTIcS
Personal service is complete upon actual delivery. Service by ordinary mail is complete upon the expiration of ten (10) days after mailing, unless the Court otherwise provides. Service by registered mail is complete upon actual receipt by the addressee, or after five (5) days from the date he received the first notice of the postmaster, whichever date is earlier. 106
e. Priorities in modes of service and filing
Whenever practicable, the service and filing of pleadings and other papers shall be done personally. Except with respect to papers emanating from the Court, a resort to other modes must be accompanied by a written explanation why the service or filing was not done personally. A violation of this rule may be a cause to consider the paper not filed. 107
f. Filing and service defined 108
Filing is the act of presenting the pleading or other paper to the Clerk of Court.
Service is the act of providing a party with a copy of the pleading or paper concerned. If any party has appeared by counsel, service upon him shall be made upon his counsel or one of them, unless service upon the party himself is ordered by the Court. Where one counsel appears for several parties, he shall only be entitled to one copy of any papers served upon him by the opposite side.
g. Proof of filing HCEaDI
The filing of a pleading or paper shall be proved by its existence in the record of the case. If it is not in the record, but is claimed to have been filed personally, the filing shall be proved by the written or stamped acknowledgment of its filing by the Clerk of Court on a copy of the same; if filed by registered mail, by the registry receipt and by the affidavit of the person who did the mailing, containing a full statement of the date and place of depositing the mail in the post office in a sealed envelope addressed to the Court, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10) days if not delivered. 109
h. Proof of service
Proof of personal service shall consist of a written admission of the party served, or the official return of the server, or the affidavit of the party serving, containing a full statement of the date, place and manner of service. If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with Sec. 7 of Rule 13. If service is made by registered mail, proof shall be made by such affidavit and the registry receipt issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof, the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee. 110
1.2.1.4. Calendar of cases
The Clerk of Court, under the direct supervision of the Judge, shall keep a calendar of cases for pre-trial and trial, as well as those whose trials were adjourned or postponed, and those with motions to set for hearing. Preference shall be given to habeas corpus cases, election cases, special civil actions, and those so required by law.
a. Pre-trial calendar
This includes cases scheduled for pre-trial conference.
b. Trial calendar
This includes cases that have passed the pre-trial stage and cases set for continuation of trial. In the preparation of the calendar, cases filed the earliest or otherwise pending the longest should be given preference over the more recent ones, except election cases, habeas corpus cases, criminal cases where the victim is a tourist which should be disposed of within twenty-four (24) hours from filing, criminal cases for violation of the Dangerous Drugs Law, criminal cases where the accused are under detention, criminal cases which have attracted wide attention from the public that immediate action appears to be demanded to maintain public confidence, and those arising from special civil actions. aESHDA
Judges should take more active part in the preparation of the trial calendar. The Clerk of Court should be required to comply with his duty to include a case in the trial calendar as soon as the pre-trial is over. Whenever possible, there should be definite and separate trial days for civil and criminal cases, and the Court shall consult opposing counsels in calendaring cases for trial. 111
c. Motion calendar
This includes motions which appear to have been prepared and filed in accordance with the requirements of the rules on motions particularly regarding the notice and proof of service.
c.1. Notice of hearing
The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing which must not be later than ten (10) days after the filing of the motion. 112
c.2. Proof of service
No written motion set for hearing shall be acted upon by the Court without proof of service thereof. 113
c.3. Motion day
Except for motions requiring immediate action, all motions shall be scheduled for hearing on Friday afternoons, or if Friday is a nonworking day, in the afternoon of the next working day. 114
1.2.1.5. Pre-trial
a. When conducted
Within five (5) days after the last pleading joining the issues has been filed and served, the plaintiff must move ex parte that the case be set for pre-trial conference. 115 IADCES
b. Pre-trial brief
The parties shall file with the court and serve on the adverse party, in such manner as shall ensure their receipt thereof at least three (3) days before the date of the pre-trial, their respective pre-trial briefs which shall contain, among others: 116
b.1. A statement of their willingness to enter into amicable settlement or alternative modes of dispute resolution, indicating the desired terms thereof;
b.2. A summary of admitted facts and proposed stipulation of facts;
b.3. The issues to be tried or resolved;
b.4. The number and names of the witnesses to be presented, an abstract of their testimonies, and the approximate number of hours that will be required by the parties for the presentation of their respective evidence;
b.5. Copies of all documents intended to be presented with a statement of the purposes of their offer;
b.6. A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners;
b.7. Applicable laws and jurisprudence; and acITSD
b.8. The available trial dates of counsel for complete presentation of evidence, which must be within a period of three (3) months from the first day of trial.
Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial. 117
c. Notice of pre-trial
The notice of pre-trial shall be served on counsel, or on the party who has no counsel. The counsel served with such notice is charged with the duty of notifying the party represented by him. 118
The Clerk of Court of a single sala or the Branch Clerk of Court shall require the Legal Researcher to prepare an outline of the facts and issues involved in cases set for pre-trial for the guidance of the Presiding Judge. 119
d. Appearance of parties
It shall be the duty of the parties and their counsel to appear at the pre-trial. The non-appearance of a party may be excused only if a valid cause is shown therefor or if a representative shall appear in his behalf fully authorized in writing to enter into an amicable settlement, to submit to alternative modes of dispute resolution, and to enter into stipulations or admissions of facts and documents. 120 THESAD
e. Effect of failure to appear
The failure of the plaintiff to appear when so required pursuant to Sec. 4 of Rule 18 shall be cause for dismissal of the action. The dismissal shall be with prejudice, unless otherwise ordered by the Court. A similar failure on the part of the defendant shall be cause to allow the plaintiff to present his evidence ex parte and the Court to render judgment on the basis thereof. 121
f. Record of pre-trial
The proceedings in the pre-trial shall be recorded. Upon the termination thereof, the Court shall issue an order which shall recite in detail the matters taken up in the conference, the action taken thereon, the amendments allowed to the pleadings, and the agreements or admissions made by the parties as to any of the matters considered. Should the action proceed to trial, the order shall explicitly define and limit the issues to be tried. The contents of the order shall control the subsequent course of the action, unless modified before trial to prevent manifest injustice. 122
g. Guidelines and procedures 123
g.1. Before the pre-trial conference, the Judge must study the pleadings of every case, and determine the issues thereof and the respective positions of the parties thereon to enable him to intelligently steer the parties toward a possible amicable settlement of the case or, at the very least, to help reduce and limit the issues. The Judge should avoid the undesirable practice of terminating the pre-trial as soon as the parties have indicated that they cannot settle the controversy. He must be mindful that there are other important aspects of the pre-trial that ought to be taken up to expedite the disposition of the case.
g.2. At the pre-trial conference, the following shall be done:
(1) The Judge with all tact, patience and impartiality shall endeavor to persuade the parties to arrive at a settlement of the dispute; if no amicable settlement is reached, then he must effectively direct the parties toward the achievement of the other objectives or goals of pre-trial set forth in Sec. 2 of Rule 18, Rules of Civil Procedure (1997). HEDSCc
The Presiding Judge may refer the case to the Clerk of Court for a preliminary conference to assist the parties in reaching a settlement, to mark the documents or exhibits to be presented by the parties with the list and copies thereof to be attached to the records after comparison, and to consider such other matters as may aid in the prompt disposition of the action.
(2) If warranted by the disclosures at the pre-trial, the Judge may either forthwith dismiss the action, or determine the propriety of rendering a judgment on the pleadings or a summary judgment.
(3) The Judge shall define the factual issues arising from the pleadings and endeavor to cull the material issues.
(4) If only legal issues are presented, the Judge shall require the parties to submit their respective memoranda and thereafter render judgment.
(5) If trial is necessary, the Judge shall fix the trial dates required to complete the presentation of evidence by both parties within ninety (90) days from the date of initial hearing.
g.3. After the pre-trial conference, the Judge should not fail to prepare and issue the requisite pre-trial order, which shall embody the matters mentioned in Sec. 7 of Rule 18. cdll
g.4. The Judge should encourage the effective use of pre-trial discovery procedures.
1.2.1.6. Subpoena and other court processes
a. Form and contents
A subpoena shall state the name of the Court and the title of the action or investigation, shall be directed to the person whose attendance is required, and in the case of a subpoena duces tecum, it shall also contain a reasonable description of the books, documents or things demanded which must appear to the Court prima facie relevant. 124
b. Subpoena for depositions
Proof of service of a notice to take a deposition, as provided in Secs. 15 and 25 of Rule 23, shall constitute sufficient authorization for the issuance of subpoenas for the person named in said notice by the Clerk of Court of the place in which the deposition is to be taken. The Clerk shall not, however, issue a subpoena duces tecum to any such person without an order of the Court. 125
All requests for the taking of depositions of witnesses residing abroad should be coursed through the Department of Foreign Affairs. 126
c. Service
Service of a subpoena shall be made in the same manner as personal or substituted service of summons. The original shall be exhibited and a copy thereof delivered to the person on whom it is served, tendering to him the fees for one day's attendance and the kilometrage allowed by the Rules, except that, when a subpoena is issued by or on behalf of the Republic of the Philippines or an officer or agency thereof, the tender need not be made. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. If the subpoena is duces tecum, the reasonable cost of producing the books, documents or things demanded shall also be tendered. 127 DSATCI
d. Court processes to diplomats
In issuing subpoenas to members of the foreign diplomatic missions accredited to the Republic of the Philippines to appear in criminal or civil cases before the City Prosecutors, or Courts in Manila and in cities and provinces outside Manila, the following rules must be observed:
d.1. Court processes and writs issued in connections with cases involving foreign governments or agencies should be forwarded to the Department of Foreign Affairs for transmission to the foreign embassy concerned by diplomatic note. 128
d.2. Any subpoena or summons addressed to members of the diplomatic corps and non-diplomatic personnel of the different embassies or consulates must be coursed through the Department of Foreign Affairs, with a brief summary of facts of the case attached to the writ or process that may be issued and delivered in connection therewith as a means of enabling the Department of Foreign Affairs to act properly thereon. 129
d.3. The official issuing the subpoena or summons must see to it that the provisions of Sec. 5 of Rep. Act No. 75, are not violated, to avoid embarrassment not only on the part of the parties concerned but also of the Republic of the Philippines. 130
d.4. The Department of Foreign Affairs shall be notified by the Court in advance of the date of any trial involving a foreigner in said Court in order to provide said Department with information upon which to base replies to queries addressed to it by foreign diplomatic or consular establishments. 131
e. Subpoena to Register of Deeds
Register of Deeds, in proper cases, should be allowed to be represented by members of his personnel, if and when the latter are in a position to give the information desired by the Court or the parties. 132
f. Subpoena to government employees DCAHcT
For the purpose of reducing to the minimum expenditures for traveling expenses of personnel, utmost care should be taken in the issuance of subpoenas to government officials and employees to appear as witnesses in any investigation or trial of cases. Inquiry should be made from the party asking for the issuance of a subpoena as to the necessity or indispensability of the testimony of the official or employee concerned; likewise, once an official or employee is subpoenaed, efforts should be made to have his testimony taken on the date he is cited to appear or even if the trial of the case is postponed or is not finished, to avoid the witness' making another trip in connection with the case. 133
g. Subpoena to military personnel
If a person in the military service is subpoenaed or requested by the Solicitor General or other appropriate official of the Department of Justice to appear as a witness on behalf of the Government in a civil court, his appearance in a status of detached service should be authorized unless, in time of war, the absence of such person from his station, for the purpose of attending the trial would be unduly prejudicial to the war effort. 134
h. Subpoena for bank deposits in general
All deposits of whatever nature with banking institutions in the Philippines, including investments in bonds issued by the Government of the Philippines, its political subdivisions and its instrumentalities, are hereby considered as of an absolutely confidential nature and may not be examined, inquired or looked into by any person, government official, bureau official, bureau or office, except upon written permission of the depositor, or in cases of impeachment or upon order of a competent court in cases of bribery or dereliction of duty of public officials, or in cases where the money deposited or invested is the subject matter of the litigation 135 or for violation of Rep. Act No. 9160 (Anti-Money Laundering Act of 2001). 136 AHcDEI
i. Quashing a subpoena
The court may quash a subpoena duces tecum upon motion promptly made and, in any event, at or before the time specified therein if it is unreasonable and oppressive, or the relevancy of the books, documents or things does not appear, or if the person in whose behalf the subpoena is issued fails to advance the reasonable cost of the production thereof.
The court may quash a subpoena ad testificandum on the ground that the witness is not bound thereby. In either case, the subpoena may be quashed on the ground that the witness fees and kilometrage allowed by the Rules were not tendered when the subpoena was served. 137
1.2.2. During Trial
The session hours of all Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trials Courts and Municipal Circuit Trial Courts shall be from 8:30 a.m. to noon and from 2:00 p.m. to 4:30 p.m., from Monday to Friday. The hours in the morning shall be devoted to the conduct of trial, while the hours in the afternoon shall be utilized for (1) the conduct of pre-trial conferences; (2) writing of decisions, resolutions, or orders; or (3) the continuation of trial on the merits, whenever rendered necessary, as may be required by the Rules of Court, statutes, or circulars in specified cases. However, in multi-sala courts in places where there are few practicing lawyers, the schedule may be modified upon request of the Integrated Bar of the Philippines such that one-half of the branches may hold their trial in the morning and the other half in the afternoon. 138
The Clerk of Court of a single sala or the Branch Clerk of Court must be present in the courtroom during court sessions. AIHaCc
Upon entry of a case in the trial calendar, the Clerk shall notify the parties of the date of its trial in such manner as shall ensure the receipt of that notice at least five (5) days before such date. 139
If, for unforeseen causes, the Judge is unable to preside over the hearings set for the day, the Clerk of Court shall, whenever possible, immediately inform the concerned counsels of record through telephone about the absence of the Judge; this is in addition to a written formal notification if time permits. For this purpose, the Clerk of Court shall indicate in the cover of the record of each case the telephone number or numbers of the counsel/s of record. The counsel who has received information about the absence of the Judge may verify the fact, likewise through telephone, from the Clerk of Court concerned. 140
There should be strict adherence to the policy on avoiding postponements and needless delay. Secs. 2, 3 and 4 of Rule 30, Rules of Civil Procedure (1997), on adjournments and postponements and on the requisites of a motion to postpone trial for absence of evidence or for illness of a party of counsel should be faithfully observed. 141
1.2.2.1. When the case is ready for trial
A case is ready for trial when the issue or issues are joined and a pre-trial has been conducted in accordance with Rule 18 of the Rules of Court. The issue or issues are joined when all the parties have pleaded their respective theories and the terms of the dispute are plain before the Court.
With respect to Regional Trial Courts constituted as Special Agrarian Courts to handle special agrarian cases, a case is said to be ready for trial upon receipt of the last pleading completing the joinder of the issues or upon expiration of the period for filing a responsive pleading without any such pleading having been filed.
1.2.2.2. Trials and hearings; orders in chambers CTSDAI
All trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a Judge in chambers, without the attendance of the Clerk of Court or other court officials. 142
However, Judges are cautioned to avoid in-chamber sessions and to observe prudence at all times in their conduct to the end that they do not only act impartially and with propriety but also perceived to be impartial and proper.
1.2.2.3. Stenographic notes and transcriptions
a. Duties of stenographers
It shall be the duty of the stenographer who has attended a session of a Court either in the morning or in the afternoon, to deliver to the Clerk of Court, immediately at the close of such morning or afternoon session, all the notes he has taken, to be attached to the record of the case; and it shall likewise be the duty of the Clerk to demand that the stenographer comply with said duty. The Clerk of Court shall stamp the date on which such notes are received by him. When such notes are transcribed, the transcript shall be delivered to the Clerk, duly initialed on each page thereof, to be attached to the record of the case. Whenever requested by a party, any statement made by a judge of first instance, or by a commissioner, with reference to a case being tried by him, or to any of the parties thereto, or to any witness or attorney, during the hearing of such case, shall be made of record in the stenographic notes. 143
a.1. All stenographers are required to transcribe all stenographic notes and to attach the transcripts to the record of the case not later than twenty (20) days from the time the notes are taken. The attaching may be done by putting all said transcripts in a separate folder or envelope, which shall then be joined to the record of the case.
a.2. The stenographer concerned shall accomplish a verified monthly certification as to compliance with this duty. In the absence of such certification or for failure and/or refusal to submit it, his salary shall be withheld. 144 EaCDAT
b. Submission of monthly certification
The Stenographer shall submit to the Office of the Court Administrator the verified monthly certification as to compliance with Adm. Circular No. 24-90 dated July 12, 1990 within the first five (5) days of the succeeding month.
c. Transfer, retirement, separation or death of stenographer
In view of the frequent transfer of stenographers from one court to another, and in order to avoid notices to file transcripts being misdirected, all Clerks of Court are instructed to attach to the records of appealed cases, information on the name or names and addresses of the stenographers who have transcripts to make in each case for the purpose of appeal. 145
c.1. In case a stenographer dies or is otherwise incapacitated, his untranscribed stenographic notes shall be immediately transcribed by the other stenographers, if this can be done. If not, and the notes untranscribed involve controverted issues, a rehearing on those points should be ordered. 146
c.2. No stenographer shall be allowed to resign from the service or allowed to retire optionally without submitting all the transcript of stenographic notes taken by him. A stenographer due for compulsory retirement must submit to the Judge/Clerk of Court transcript of all pending stenographic notes taken by him, three (3) months before retirement date. 147 aIcDCA
No terminal leave or retirement pay shall be paid to a stenographer without a verified statement that all his stenographic notes have been transcribed and delivered to the proper Court, confirmed by the Executive Judge of the Court concerned. 148
c.3. A stenographer shall not be allowed to travel abroad if he has pending untranscribed notes, unless otherwise authorized by the Court upon urgent grounds. 149
d. Transcripts for indigent or low-income litigants
d.1. A party may be authorized to litigate his action, claim or defense as an indigent if the Court, upon an ex parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family.
d.2. Such authority shall include an exemption from payment of docket and other lawful fees, and of transcripts of stenographic notes which the Court may order to be furnished him. 150
d.3. In cases before the Special Agrarian Courts, where a party is a tenant-farmer, agricultural lessee or tiller, settler, or amortizing owner-cultivator, he shall be entitled to the rights of a pauper and/or indigent litigant and the privileges of an indigent litigant under Rep. Act No. 6035 without further proof thereof. He shall continue to enjoy such status as pauper and/or indigent litigant in the appellate Courts and until the case is finally disposed of. 151 CAaEDH
d.4. An agricultural tiller, tenant or lessee who has been allowed to litigate as a pauper and/or indigent litigant shall be entitled to the issuance of a duly certified copy of the transcript of stenographic notes of the hearing, which shall be given to him free of charge. Any undue delay in the transcription of the stenographic notes or in the issuance of a duly certified copy of said transcript in favor of said party and any charging of fees against him in connection therewith shall be dealt with administratively. 152
d.5. Sanctions
Any stenographer who, after due hearing in accordance with the pertinent provisions of the Civil Service Law (Pres. Decree No. 807, as amended), has been found to have violated the provisions of Sec. 1 of Rep. Act No. 6035 or has unreasonably delayed the giving of a free certified transcript of notes to an indigent or low-income litigant shall be subject to the following disciplinary actions: 153
(1) suspension from office for a period of not exceeding thirty (30) days upon finding of guilt for the first time;
(2) suspension from office for not less than thirty (30) days and not more than sixty (60) days upon finding of guilt for the second time;
(3) removal from office upon finding of guilt for the third time.
1.2.2.4. Trial by Commissioner STIHaE
a. Reference by consent
By written consent of both parties, the Court may order any or all of the issues in a case to be referred to a commissioner to be agreed upon by the parties or to be appointed by the Court. As used in the Rules, the word "commissioner" includes a referee, an auditor and an examiner. 154
b. Reference on motion 155
When the parties do not consent, the Court may, upon the application of either or of its own motion, direct a reference to a commissioner in the following cases:
b.1. When the trial of an issue of fact requires the examination of at long account on either side, in which case the commissioner may be directed to hear and report upon the whole issue or any specific question involved therein;
b.2. When the taking of an account is necessary for the information of the Court before judgment, or for carrying a judgment or order into effect; and
b.3. When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of a case, or for carrying a judgment or order into effect. CHIaTc
c. Order of reference; powers of commissioner
When a reference is made, the Clerk shall forthwith furnish the commissioner with a copy of the order of reference. The order may specify or limit the powers of the commissioner, and may direct him to report only upon particular issues, or to do or perform particular acts, or to receive and report evidence only, and may fix the date for beginning and closing the hearings and for the filing of his report. Subject to the specifications and limitations stated in the order, the commissioner has and shall exercise the power to regulate the proceedings in every hearing before him and to do all acts and take all measures necessary or proper for the efficient performance of his duties under the order. He may issue subpoenas and subpoenas duces tecum, swear witness, and unless otherwise provided in the order of reference, he may rule upon the admissibility of evidence. The trial or hearing before him shall proceed in all respects as it would if held before the Court. 156
d. Report of commissioner
Upon the completion of the trial or hearing or proceeding before the commissioner, he shall file with the Court his report in writing upon the matters submitted to him by the order of reference. When his powers are not specified or limited, he shall set forth his findings of fact and conclusions of law in his report. He shall attach thereto all exhibits, affidavits, depositions, papers and the transcript, if any, of the testimonial evidence presented before him. 157
e. Notice to parties of the filing of report CcTIDH
Upon the filing of the report, the parties shall be notified by the Clerk, and they shall be allowed ten (10) days within which to signify the grounds of objections to the findings of the report, if they so desire. Objections to the report based upon ground which were available to the parties during the proceedings before the commissioner, other than objections to the findings and conclusions therein set forth, shall not be considered by the Court unless they were made before the commissioner. 158
f. Hearing upon report
Upon the expiration of the period of ten (10) days referred to in Sec. 10 of Rule 32, the report shall be set for hearing, after which the Court shall issue an order adopting, modifying, or rejecting the report in whole or in part, or recommitting it with instructions, or requiring the parties to present further evidence before the commissioner or the Court. 159
g. Compensation of commissioner
The Court shall allow the commissioner such reasonable compensation as the circumstances of the case warrant, to be taxed as costs against the defeated party, or apportioned, as justice requires. 160
1.2.2.5. Judge to receive evidence; delegation to the Clerk of Court
The Judge of the Court where the case is pending shall personally receive the evidence to be adduced by the parties. However, in default or ex parte hearings, and in any case where the parties agree in writing, the Court may delegate the reception of evidence to its Clerk of Court who is a member of the bar. The Clerk of Court shall have no power to rule on objections to any question or to the admission of exhibits, which objections shall be resolved by the Court upon submission of his report and the transcripts within ten (10) days from termination of the hearing. 161 TcADCI
1.2.2.6. Guidelines and procedures 162
a. Unless the docket of the Court requires otherwise, not more than four (4) cases shall be scheduled for trial daily.
b. Contingency measures must, likewise, be taken for any unexpected absence of the stenographer and other support staff assisting in the trial.
c. The issuance and service of subpoena shall be done in accordance with Administrative Circular No. 4 dated September 22, 1988.
d. The Judge shall conduct trial with utmost dispatch, with judicious exercise of the Court's power to control trial proceedings to avoid delay.
e. The Judge must take notes of the material and relevant testimonies of witnesses to facilitate his decision-making.
f. The trial shall be terminated within ninety (90) days from initial hearing. Appropriate disciplinary sanctions may be imposed on the Judge and the lawyers for failure to comply with this requirement due to causes attributable to them.
g. Each party is bound to complete the presentation of his evidence within the trial dates assigned to him. After the lapse of said dates, the party is deemed to have completed the presentation of evidence. However, upon verified motion based on compelling reasons, the Judge may allow a party additional trial dates in the afternoon; provided that the extension will not go beyond the three-month limit computed from the first trial date, except when authorized in writing by the Court Administrator, Supreme Court. HcTEaA
1.2.3. After Trial
1.2.3.1. When case is submitted for decision
The Presiding Judge must have a calendar of cases submitted for decision, noting the exact day, month and year when the 90-day period is to expire. As soon as a case is submitted for decision, this must be noted in the calendar of the Judge, the records duly collated with the exhibits and the transcripts of stenographic notes, as well as the trial notes of the Judge, and placed in his chambers. 163
1.2.3.2. Judgment
a. Rendition of judgment and final orders
A judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the Judge, stating clearly and distinctly the facts and the law on which it is based, signed by him, and filed with the Clerk of Court. 164
b. Copies of judgments
b.1. Copies of all judgments rendered by trial courts shall be furnished the Office of the Court Administrator within ten (10) days from rendition. 165
b.2. The original copies of such judgments are fastened to the particular records of the case.
b.3. Issuance of certified true copies of decisions and orders:
(1) All Clerks of Court, Division Clerks of Court, and Branch Clerks of Court must issue certified true copies of all decisions, resolutions and orders duly signed and promulgated by their respective Courts being initially transmitted and furnished the parties, including orders promulgated in open court. TIDHCc
(2) The practice of merely furnishing the parties plain copies has posed difficulties to parties desiring to file petitions for review whenever the Rules of Court and existing circulars require the submission of certified true copies.
(3) The certified true copies initially furnished the parties upon promulgation of the decision, resolution or orders shall be without cost. Requests for additional certified true copies shall be complied with upon payment of appropriate legal fees. 166
c. Entry of judgments and final orders
If no appeal or motion for new trial or reconsideration is filed within the time provided in the Rules, the judgment or final order shall forthwith be entered by the Clerk in the book of entries of judgments. The date of finality of the judgment or final order shall be deemed to be the date of its entry. The record shall contain the dispositive part of the judgment or final order and shall be signed by the Clerk, with a certificate that such judgment or final order has become final and executory. 167
d. Judgment and entries book
The Clerk shall keep a judgment book containing a copy of each judgment rendered by the Court in the order of its date, and a book of entries of judgment containing at length in chronological order entries of all final judgments or orders of the Court. 168 ACaTIc
e. Entering judgments, purely ministerial
In entering judgments, the Clerk acts in a purely ministerial capacity and exercises no judicial functions. He acts merely as an agent to write out and place upon the record judgments which he is authorized and directed by law to enter. The entry of judgment shall be exactly as it was rendered by the Court without addition, diminution, or change of any kind.
f. Finality
If no appeal or motion for reconsideration/relief/new trial is filed within the time allowed by the Rules, judgments or decisions, orders, resolutions or awards become final:
f.1. As a general rule, after fifteen (15) days from notice 169
f.2. In special proceedings, within thirty (30) days from notice 170
g. Recording judgments in expropriation proceedings and its effects
The judgment entered in expropriation proceedings shall state definitely, by an adequate description, the particular property or interest therein expropriated, and the nature of the public use or purpose for which it is expropriated. When real estate is expropriated, a certified copy of such judgment shall be recorded in the registry of deed of the place in which the property is situated, and its effect shall be to vest in the plaintiff the title to the real estate so described for such public use or purpose. 171 aADSIc
h. Registration in judicial foreclosure of mortgage 172
A certified copy of the final order of the Court confirming the sale shall be registered in the registry of deeds. If no right of redemption exists, the certificate of title in the name of the mortgagor shall be cancelled, and a new one issued in the name of the purchaser.
Where a right of redemption exists, the certificate of title in the name of the mortgagor shall not be cancelled, but the certificate of sale and the order confirming the sale shall be registered and a brief memorandum thereof made by the registrar of deeds upon the certificate of title. In the event the property is redeemed, the deed of redemption shall be registered with the registry of deeds, and a brief memorandum thereof shall be made by the registrar of deeds on said certificate of title.
If the property is not redeemed, the final deed of sale executed by the sheriff in favor of the purchaser at the foreclosure sale shall be registered with the registry of deeds; whereupon the certificate of title in the name of the mortgagor shall be cancelled and a new one issued in the name of the purchaser.
1.2.3.3. Service of judgments and/or decisions
a. General rule
a.1. Judgments, final orders or resolutions shall be served either personally or by registered mail. When a party summoned by publication has failed to appear in the action, judgments, final orders or resolutions against him shall be served upon him also by publication at the expense of the prevailing party. 173
a.2. For a more effective control of service of final orders, resolutions, judgments or decisions, the names and addresses of the parties/counsel concerned and the manner of service to them shall be indicated on the last page thereof, unless a separate form for notice of judgment is provided for the purpose.
a.3. Clerks of Court and Branch Clerks of Court must issue certified true copies of all decisions, resolutions, and orders duly signed and promulgated by their respective courts being initially transmitted and furnished the parties, including orders promulgated in open court. 174
b. In guardianship proceedings
Final orders or judgments in guardianship proceedings shall be served upon the civil registrar of the municipality or city where the minor or incompetent person resides or where his property or part thereof is situated. 175 DACIHc
c. In cases of adoption and custody of minors
Final orders or judgments in cases of adoption and custody of minors shall be served upon the civil registrar of the city or municipality wherein the court issuing the same is situated, and recorded in the local civil register, as well as on the civil registrar of the place of birth of the adopted for issuance of an amended birth certificate. 176
d. In proceedings for rescission and revocation of adoption
A certified copy of the judgment rendered in rescission and revocation of adoption proceedings shall, within thirty (30) days after rendition thereof, be served upon the civil registrar concerned who shall forthwith enter the action taken by the Court in the register. 177
e. In proceedings for change of name
Judgments or orders rendered in connection with these proceedings shall be furnished the civil registrar of the municipality or city where the Court issuing the same is situated. 178
In actual practice, a copy of the same judgment is also served on the civil registrar of the municipality or city where the birth of the petitioner is registered.
f. In actions affecting children under the Family Code
Although the Family Code does not provide service of judgment/decision in: (a) an action to impugn legitimacy of the child under Article 170; (b) an action to claim legitimacy under Article 173; and (c) an action to establish illegitimate filiation under Article 175, in actual practice, copies of the judgment or decision in such cases are furnished the civil registrar of the city or municipality where the birth of the child concerned is registered.
g. In proceedings for cancellation or correction of entries in the civil registry
After hearing, the Court may either dismiss the petition or issue an order granting the cancellation or correction prayed for. In either case, a certified copy of the judgment shall be served upon the civil registrar concerned who shall annotate the same in his record. 179
h. In proceedings affecting marriage
h.1. The judgment of annulment or of absolute nullity of the marriage, the partition and distribution of the properties of the spouses, and the delivery of the children's presumptive legitimes shall be recorded in the appropriate civil registry and registries of property; otherwise, the same shall not affect third persons. 180
h.2. The petition for separation of property and the final judgment granting the same shall be recorded in the proper local civil registries of property. 181 TAEcCS
1.2.3.4. Costs
a. Costs ordinarily follow results of suit
Unless otherwise provided, costs shall be allowed to the prevailing party as a matter of course, but the Court shall have power, for special reasons, to adjudge that either party shall pay the costs of an action or that the same be divided, as may be equitable. No costs shall be allowed against the Republic of the Philippines unless otherwise provided by law. 182
b. Costs, how taxed
In inferior courts, the costs shall be taxed by the judge concerned and included in the judgment. . . . The costs shall be inserted in the judgment if taxed before its entry and payment thereof shall be enforced by execution. 183
c. Judgment for costs in quo warranto
In an action brought in accordance with the provisions of Rule 66, the Court may render judgment for costs against either the petitioner, the relator, or the respondent, or the person or persons claiming to be a corporation, or may apportion the costs, as justice requires. 184
d. Costs and expenses to be taxed and collected on partition
The Court shall equitably tax and apportion between or among the parties the costs and expenses which accrue in the action, including the compensation of the commissioners, having regard to the interests of the parties, and execution may issue therefor as in other cases. 185
e. Record of writ, fees and costs in habeas corpus
The proceedings upon a writ of habeas corpus shall be recorded by the Clerk of Court, and upon the final disposition of such proceedings, the Court or Judge shall make such order as to costs as the case requires. The fees of officers and witnesses shall be included in the costs taxed, but no officer or person shall have the right to demand payment in advance of any fees to which he is entitled by virtue of the proceedings. When a person confined under color of proceedings in a criminal case is discharged, the costs shall be taxed against the Republic of the Philippines, and paid out of its Treasury; when a person in custody by virtue or under color of proceedings in a civil case is discharged, the costs shall be taxed against him, or against the person who signed the application for the writ, or both, as the Court shall direct. 186
1.2.3.5. Appeal
a. Appeal from the Municipal Trial Courts to the Regional Trial Courts
a.1. Procedure in the Regional Trial Court 187
(1) Upon receipt of the complete record or the record on appeal, the Clerk of Court of the Regional Trial Court shall notify the parties of such fact.
(2) Within fifteen (15) days from such notice, it shall be the duty of the appellant to submit a memorandum which shall briefly discuss the errors imputed to the lower court, a copy of which shall be furnished by him to the adverse party. Within fifteen (15) days from receipt of the appellant's memorandum, the appellee may file his memorandum. Failure of the appellant to file a memorandum shall be a ground for dismissal of the appeal.
(3) Upon the filing of the memorandum of the appellee, or the expiration of the period to do so, the case shall be considered submitted for decision. The Regional Trial Court shall decide the case on the basis of the entire record of the proceedings had in the court of origin and such memoranda as are filed. 187
a.2. Appeal from orders dismissing case without trial; lack of jurisdiction 188 EcIDaA
If an appeal is taken from an order of lower court dismissing the case without a trial on the merits, the Regional Trial Court may affirm or reverse it, as the case may be. In case of affirmance and the ground of dismissal is lack of jurisdiction over the subject matter, the Regional Trial Court, if it has jurisdiction thereof, shall try the case on the merits as if the case was originally filed with it. In case of reversal, the case shall be remanded for further proceedings.
If the case was tried on the merits by the lower court without jurisdiction over the subject matter, the Regional Trial Court on appeal shall not dismiss the case if it has original jurisdiction thereof, but shall decide the case in accordance with Sec. 7 of Rule 40, without prejudice to the admission of amended pleadings and additional evidence in the interest of justice.
b. Appeal from the Regional Trial Courts
b.1. Modes of appeal 189
(1) Ordinary appeal
The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction shall be taken by filing a notice of appeal with the Court which rendered the judgment or final order appealed from and serving a copy thereof upon the adverse party. No record on appeal shall be required except in special proceedings and other cases of multiple or separate appeals where the law or the Rules so require. In such cases, the record on appeal shall be filed and served in like manner.
(2) Petition for review
The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review in accordance with Rule 42.
(3) Appeal by certiorari
In all cases where only questions of law are raised or involved, the appeal shall be to the Supreme Court by petition for review on certiorari in accordance with Rule 45.
b.2. Period of ordinary appeal 190
The appeal shall be taken within fifteen (15) days from notice of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty (30) days from notice of the judgment or final order.
The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for extension of time to file a motion for new trial or reconsideration shall be allowed.
b.3. Appellate court docket and other lawful fees
Within the period for taking an appeal, the appellant shall pay to the Clerk of Court which rendered the judgment or final order appealed from, the full amount of the appellate court docket and other lawful fees. Proof of payment of said fees shall be transmitted to the appellate court together with the original record or the record on appeal. 191
b.4. Notice of appeal
The notice of appeal shall indicate the parties to the appeal, specify the judgment or final order or part thereof appealed from, specify the Court to which the appeal is being taken, and state the material dates showing the timeliness of the appeal. 192 TAEDcS
b.5. Perfection of appeal; effect thereof 193
A party's appeal by notice of appeal is deemed perfected as to him upon the filing of the notice of appeal in due time.
A party's appeal by record on appeal is deemed perfected as to him with respect to the subject matter thereof upon the approval of the record on appeal filed in due time.
In appeals by notice of appeal, the Court loses jurisdiction over the case upon the perfection of the appeal filed in due time and the expiration of the time to appeal of the other parties.
In appeals by record on appeal, the Court loses jurisdiction only over the subject matter thereof upon the approval of the record on appeal filed in due time and the expiration of the time to appeal of the other parties.
In either case, prior to the transmittal of the original record or the record on appeal, the Court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in accordance with Sec. 2 of Rule 39, and allow withdrawal of the appeal.
b.6. Duty of Clerk of Court of the lower court upon perfection of appeal 194
Within thirty (30) days after perfection of all the appeals in accordance with Sec. 9 of Rule 41, it shall be the duty of the Clerk of Court of the lower court:
(1) To verify the correctness of the original record or the record on appeal, as the case may be, and to make a certification of its correctness;
(2) To verify the completeness of the records that will be transmitted to the appellate court;
(3) If found to be incomplete, to take such measures as may be required to complete the records, availing of the authority that he or the Court may exercise for this purpose; and
(4) To transmit the records to the appellate court.
If the efforts to complete the records fail, he shall indicate in his letter of transmittal the exhibits or transcripts not included in the records being transmitted to the appellate court, the reasons for their non-transmittal, and the steps taken or that could be taken to have them available.
The Clerk of Court shall furnish the parties with copies of his letter of transmittal of the records to the appellate court.
b.7. Transcript
Upon the perfection of the appeal, the Clerk shall immediately direct the stenographers concerned to attach to the record of the case five (5) copies of the transcripts of the testimonial evidence referred to in the record on appeal. The stenographers concerned shall transcribe such testimonial evidence and shall prepare and affix to their transcripts an index containing the names of the witnesses and the pages wherein their testimonies are found, and a list of the exhibits and the pages wherein each of them appears to have been offered and admitted or rejected by the trial court. The transcripts shall be transmitted to the Clerk of the trial court who shall thereupon arrange the same in the order in which the witnesses testified at the trial, and shall cause the pages to be numbered consecutively. 195 TcSICH
b.8. Transmittal
The Clerk of the trial court shall transmit to the appellate court the original record or the approved record on appeal within thirty (30) days from the perfection of the appeal, together with the proof of payment of the appellate court docket and other lawful fees, a certified true copy of the minutes of proceedings, the order of approval, the certificate of correctness, the original documentary evidence referred to therein, and the original and three (3) copies of the transcripts. Copies of the transcripts and certified true copies of the documentary evidence shall remain in the lower court for the examination of the parties. 196
b.9. Dismissal of appeal
Prior to the transmittal of the original record or the record on appeal to the appellate court, the trial court may, motu proprio, or on motion, dismiss the appeal for having been taken out of time or for non-payment of the docket and other lawful fees within the reglementary period.
c. Petition for Review from the Regional Trial Courts to the Court of Appeals
c.1. How appeal taken; time for filing
A party desiring to appeal from a decision of the Regional Trial Court rendered in the exercise of its appellate jurisdiction may file a verified petition for review with the Court of Appeals, paying at the same time to the Clerk of said Court the corresponding docket and other lawful fees, depositing the amount of P500.00 for costs, and furnishing the Regional Trial Court and the adverse party with a copy of the petition. The petition shall be filed and served within fifteen (15) days from notice of the decision sought to be reviewed or of the denial of petitioner's motion for new trial or reconsideration filed in due time after judgment. Upon proper motion and the payment of the full amount of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days only within which to file the petition for review. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. 197
c.2. Elevation of record
Whenever the Court of Appeals deems it necessary, it may order the Clerk of Court of the Regional Trial Court to elevate the original record of the case including the oral and documentary evidence within fifteen (15) days from notice. 198
c.3. Perfection of appeal; effect thereof 199
(1) Upon the timely filing of a petition for review and the payment of the corresponding docket and other lawful fees, the appeal is deemed perfected as to the petitioner.
The Regional Trial Court loses jurisdiction over the case upon the perfection of the appeals filed in due time and the expiration of the time to appeal of the other parties.
However, before the Court of Appeals gives due course to the petition, the Regional Trial Court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, order execution pending appeal in accordance with Sec. 2 of Rule 39, and allow withdrawal of the appeal.
(2) Except in civil cases decided under Rule on Summary Procedure, the appeal shall stay the judgment or final order unless the Court of Appeals, the law, or the Rules shall provide otherwise.
1.2.3.6. Guidelines in the archiving of civil cases 200
a. In civil cases, the Court may motu proprio or upon motion, order that a civil case be archived only in the following instances:
a.1. 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.
a.2. 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.
a.3. When defendant, without fault or neglect of plaintiff, cannot be served with summons within six (6) months from issuance of original summons.
b. General provisions
b.1. Copies of the order archiving the case shall be furnished the parties.
b.2. A special docket shall be maintained to record the cases both criminal and civil that have been archived.
b.3. A periodic review of the archived cases shall be made by the Presiding Judge.
b.4. 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. caIEAD
b.5. 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.
1.3. Single Sala and Branch of a Multiple Sala — in Criminal Cases
1.3.1. Before Trial
1.3.1.1. Designation of Clerks of Court of Regional Trial Courts as Ex-Officio Clerks of Court of the Sandiganbayan: 201
a. All Clerks of Court of Regional Trial Courts all over the country (except those in the National Capital Judicial Region) are hereby designated as Ex-Officio Clerks of Court of the Sandiganbayan with the limited duty of receiving informations resulting from inquest investigations of offenses cognizable by the Sandiganbayan which were conducted by authorized prosecutors within their territorial jurisdiction, and transmitting the same to the Sandiganbayan within five (5) days from the filing thereof.
b. The information shall be filed with the Clerk of Court of the Regional Trial Court whose territorial area includes the place where the crime was committed. The filing with the said Clerk of Court shall have the effect of such information being filed directly with the Sandiganbayan.
c. The Executive Judge of the Regional Trial Court where the information was filed is hereby authorized to approve the application of the accused for bail, except in offenses punishable by death, reclusion perpetua or life imprisonment, and to order his release from detention subject to further orders by the Sandiganbayan. This authority does not include the power to act on any motion for reduction of the amount of the bail recommended by the prosecutor.
1.3.1.2. Institution of criminal action 202
Criminal actions shall be instituted as follows:
a. For offenses where a preliminary investigation is required pursuant to Sec. 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.
b. For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise provided in their charters.
The institution of the criminal action shall interrupt the running of the period of prescription of offense charged unless provided in special laws.
1.3.1.3. Prosecution of action
a. Institution of criminal and civil actions 203
When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action.
The reservation of the right to institute separately the civil action shall be made before the prosecution starts presenting its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation.
When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees therefor shall constitute a first lien on the judgment awarding such damages.
Where the amount of damages, other than actual, is specified in the complaint or information, the corresponding filing fees shall be paid by the offended party upon the filing thereof in court.
Except as otherwise provided in the Rules, no filing fees shall be required for actual damages.
No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal case, but any cause of action which could have been the subject thereof may be litigated in a separate civil action.
b. When separate civil action is suspended 204
After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action.
If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever stage it may be found before judgment on the merits. The suspension shall last until final judgment is rendered in the criminal action. Nevertheless, before judgment on the merits is rendered in the civil action, the same may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal action. In case of consolidation, the evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witnesses presented by the offended party in the criminal case and of the parties to present additional evidence. The consolidated criminal and civil actions shall be tried and decided jointly.
During the pendency of the criminal action, the running of the period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled.
The extinction of the penal action does not carry with it extinction of the civil action. However, the civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist.
c. When civil action may proceed independently
In the cases provided in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action. 205 AHCETa
d. Effect of death on civil actions 206
The death of the accused after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising from the delict. However, the independent civil action instituted under Sec. 3 of Rule 111 or which thereafter is instituted to enforce liability arising from other sources of obligation may be continued against the estate or legal representative of the accused after proper substitution or against said estate, as the case may be. The heirs of the accused may be substituted for the deceased without requiring the appointment of an executor or administrator and the Court may appoint a guardian ad litem for the minor heirs.
The Court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice.
A final judgment entered in favor of the offended party shall be enforced in the manner especially provided in the Rules for prosecuting claims against the estate of the deceased.
If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased.
e. Judgment in civil action not a bar
A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action. 207
f. Suspension by reason of prejudicial question
A petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action may be filed in the office of the prosecutor or the court conducting the preliminary investigation. When the criminal action has been filed in court for trial, the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests. 208
1.3.1.4. Arrest
a. When warrant of arrest may issue
Within ten (10) days from the filing of the complaint or information, the Judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the Judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to Sec. 7 of Rule 112. In case of doubt on the existence of probable cause, the Judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the Court within thirty (30) days from the filing of the complaint or information. 209
b. When warrant of arrest not necessary
A warrant of arrest shall not issue if the accused is already under detention pursuant to a warrant issued by the Municipal Trial Court in accordance with paragraph (b) of Sec. 6 of Rule 112, or if the complaint or information was filed pursuant to Sec. 7 of Rule 112 or is for an offense penalized by fine only. The Court shall then proceed in the exercise of its original jurisdiction. 210
c. Execution of warrant
The head of office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the Judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reasons therefor. 211
d. Furnishing the Criminal Investigation Service Command National Capital Judicial Region copies of warrants of arrest.
All Clerks of Court and Branch Clerks of Court of the Regional Trial Courts are directed to furnish copies of warrants of arrest issued by the Courts to the authorized liaison officers of the Criminal Investigation Service Command. 212
e. Guidelines in issuing warrants of arrest 213
e.1. In issuing the warrants of arrest, the pictures of the accused, whenever available or feasible, or a summary of the physical description of the accused, must be appended to the warrants before the same are transmitted to the law enforcement agencies for service;
e.2. Companies or entities engaged in the business of bailing out accused persons shall maintain a personal data file of all their clients, particularly those who jumped bail, and make these data available to law enforcement operatives once a warrant is issued for their arrest.
1.3.1.5. Admission and processing of bail
a. Bail defined
Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. 214
b. Classification of bail
b.1. Bail bond
It is an obligation given by the accused with one or more sureties with the condition that it shall be void upon the performance by the accused of such acts as he may legally be required to perform.
(1) Corporate surety bond
Any domestic or foreign corporation, licensed as a surety in accordance with law and currently authorized to act as such, may provide bail by a bond subscribed jointly by the accused and an officer of the corporation duly authorized by its board of directors. 215
(2) Property bond, how posted
A property bond is an undertaking constituted as lien on the real property given as security for the amount of the bail. Within ten (10) days after the approval of the bond, the accused shall cause the annotation of the lien on the certificate of title on file with the Registry of Deeds if the land is registered, or if unregistered, in the Registration Book on the space provided therefor, in the Registry of Deeds for the province or city where the land lies, and on the corresponding tax declaration in the office of the provincial, city and municipal assessor concerned.
Within the same period, the accused shall submit to the Court his compliance and his failure to do so shall be sufficient cause for the cancellation of the property bond and his re-arrest and detention. 216 LLjur
(3) Deposit of cash as bail
The accused or any person acting in his behalf may deposit in cash with the nearest collector of internal revenue or provincial, city, or municipal treasurer the amount of bail fixed by the Court, or recommended by the prosecutor who investigated or filed the case. Upon submission of a proper certificate of deposit and a written undertaking showing compliance with the requirements of Sec. 2 of Rule 114, the accused shall be discharged from custody. The money deposited shall be considered as bail and applied to the payment of fine and costs while the excess, if any, shall be returned to the accused or to whoever made the deposit. 217
The accused may, likewise, file cash bond with the Clerk of Court.
b.2. Recognizance
Whenever allowed by law or the Rules, the Court may release a person in custody on his own recognizance or that of a responsible person. 218
c. Conditions of the bail; requirements 219
All kinds of bail are subject to the following conditions:
c.1. The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it.
c.2. The accused shall appear before the proper Court whenever required by the Court or the Rules.
c.3. The failure of the accused to appear at the trial without justification and despite due notice shall be deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia; and
c.4. The bondsman shall surrender the accused to the Court for execution of final judgment.
The original papers shall state the full name and address of the accused, the amount of the undertaking and the conditions required by Sec. 2 of Rule 114. Photographs (passport size) taken within the last six (6) months showing the face, left and right profiles of the accused must be attached to the bail.
The accused shall accomplish and submit to the Court the form prescribed by Memorandum Circular No. 2 issued by the Supreme Court on May 26, 1980.
The accused shall, likewise, submit identification papers, i.e. driver's license, voter's ID, or, in the absence thereof, a certification from the barangay captain of the place where he resides attesting to his identity and residence in the place.
d. Specific requisites
d.1. For surety bond
In accepting surety bond, the Clerk of Court should see to it that the following requisites are complied with, otherwise, the bond should be rejected:
(1) Photographs of accused
It shall be obligatory on the part of surety and bonding companies issuing such bond to attach photographs (face, left and right profiles), passport size, recently taken of the accused on all copies of the corresponding personal bail bond to be issued or posted. 220
(2) Affidavit of justification
The bond shall be accompanied by an affidavit of justification to include a statement to the effect that the company has no pending obligation demandable and outstanding in any amount to the Government or any of its agencies as of the last day of the month preceding the date the bond is issued or posted. 221
(3) Clearance from the Supreme Court
Every bond shall be accompanied by a clearance from the Supreme Court showing that the company concerned is qualified to transact business which is valid only for thirty (30) days from the date of its issuance. 222
(4) Certificate of compliance with the Circular from the Office of the Insurance Commissioner
The bond shall be accompanied by a verified certification to the effect that the bond form used has been duly registered with the Insurance Commission; that the same has been entered and recorded in the Bond Registry Book of the company concerned in compliance with OIC Circular No. 66 dated September 19, 1966, and that said bond has not been cancelled. 223
(5) Authority of agent
In case the bond is issued through a branch office or through an agent, a copy of the authority or power of attorney shall be submitted to the Clerk of Court for filing, together with the schedule of limits of its authority.
(6) Current certificate of authority
The bond shall be accompanied by a current certificate of authority issued by the Insurance Commission with the financial statement (OIC Form No. 1) showing the maximum underwriting capacity of the company. 224
(7) Procedure
All applications for bail/judicial bonds, before their approval by the Judge concerned, shall be coursed thru the Clerk of Court or his duly authorized personnel who shall see to it that the bond is in order and the signature of the bonding officer authentic before affixing his signature thereto. He shall also indicate therein the outstanding liability of the bonding company, if any, for the information and guidance of the Court. For this particular purpose, the Clerk of Court shall keep a file of specimen signature of authorized bonding officers, to prevent the submission of "fake bail bonds". 225
d.2. For property bond
(1) Proper scrutiny
To prevent the commission of frauds in connection with the posting of property bonds and to protect the interests of the government, utmost care should be exercised in the scrutiny of the qualifications of sureties in the approval of property bonds, and efforts exerted to determine whether or not the person executing the undertaking is the real owner of the property offered. To eliminate or minimize possible anomalies on the matter, the Court, in doubtful cases, shall examine the sureties under oath concerning their sufficiency as provided for in Sec. 13, Rule 114. The Court shall not accept as property bonds real properties not covered by certificates of title unless they have been declared for taxation purposes in favor of the person offering them as bond for at least five (5) years. 226 DCSETa
(2) Qualifications of sureties in property bond 227
(a) Each must be a resident owner of real estate within the Philippines;
(b) Where there is only one surety, his real estate must be worth at least the amount of the undertaking;
(c) If there are two (2) or more sureties, each may justify in an amount less than that expressed in the undertaking but the aggregate of the justified sums must be equivalent to the whole amount of the bail demanded.
In all cases, every surety must be worth the amount specified in his own undertaking over and above all just debts, obligations and properties exempt from execution.
(3) Guidelines
(a) Property registered under the Torrens System should be preferred to one covered merely by a tax declaration;
(b) The receipt of payment of the latest real estate tax shall accompany the title or tax declaration;
(c) The original of the certificate of title or tax declaration must be presented to the Court with photographs of the accused as required in surety bonds, and the Clerk of Court should see to it that the corresponding annotation of the encumbrances is made on the title or tax declaration.
d.3. For cash bond
An official receipt/certificate of deposit signed by the Clerk of Court with photograph of the accused should be presented to the Court.
d.4. For recognizance
Instead of bail, the person charged with any offense contemplated by Sec. 1 of Rep. Act No. 6036 should be required to sign in the presence of two (2) witnesses of good standing in the community a sworn statement binding himself, pending final decision of his case, to report to the Clerk of Court hearing his case periodically every two (2) weeks. The Court may, in its discretion and with the consent of the person charged, require further that he be placed under the custody and subject to the authority of a responsible citizen in the community who may be willing to accept the responsibility. In such a case, the affidavit herein mentioned shall include a statement of the person charged that he binds himself to accept the authority of the citizen so appointed by the Court. The Clerk of Court shall immediately report the presence of the accused person to the Court. Except when his failure to report is for justifiable reasons, including circumstances beyond his control, to be determined by the Court, any violation of this sworn statement shall justify the Court to order his immediate arrest unless he files bail in the amount forthwith fixed by the Court. 228
e. Bail, when not required; reduced bail or recognizance 229
No bail shall be required when the law or the Rules so provide.
When a person has been in custody for a period equal to or more than the possible maximum imprisonment prescribed for the offense charged, he shall be released immediately, without prejudice to the continuation of the trial or the proceedings on appeal. If the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment.
A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law or any modifying circumstance, shall be released on reduced bail or on his own recognizance, at the discretion of the Court. CTIDcA
f. Bail, where filed 230
f.1. Bail in the amount fixed may be filed with the Court where the case is pending, or in the absence or unavailability of the Judge thereof, with any Regional Trial Judge, Metropolitan Trial Judge, Municipal Trial Judge, or Municipal Circuit Trial Judge in the province, city or municipality. If the accused is arrested in a province, city, or municipality other than where the case is pending, bail may also be filed with any Regional Trial Court of said place, or if no Judge thereof is available, with any Metropolitan Trial Judge, Municipal Trial Judge, or Municipal Circuit Trial Judge therein.
f.2. Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the application may only be filed in the Court where the case is pending, whether on preliminary investigation, trial or appeal.
f.3. Any person in custody who is not yet charged in Court may apply for bail with any Court in the province, city, or municipality where he is held.
g. Notice of application to prosecutor
In the application for bail under Sec. 8 of Rule 114, the Court must give reasonable notice of hearing to the prosecutor or require him to submit his recommendation. 231
h. Release on bail 232
The accused must be discharged upon approval of the bail by the Judge with whom it was filed in accordance with Sec. 17 of Rule 114.
When bail is filed with a Court other than where the case is pending, the Judge who accepted the bail shall forward it, together with the order of release and other supporting papers, to the Court where the case is pending, which may, for good reason, require a different one to be filed.
i. Increase or reduction of bail
After the accused is admitted to bail, the Court may, upon good cause, either increase or reduce its amount. When increased, the accused may be committed to custody if he does not give bail in the increased amount within a reasonable period. An accused held to answer a criminal charge, who is released without bail upon filing of the complaint or information, may, at any subsequent stage of the proceedings and whenever a strong showing of guilt appears to the Court, be required to give bail in the amount fixed, or in lieu thereof, committed to custody. 233
j. Forfeiture of bail
j.1. When the presence of the accused is required by the Court or the Rules, his bondsmen shall be notified to produce him before the Court on a given date and time. If the accused fails to appear in person as required, his bail shall be declared forfeited and the bondsmen given thirty (30) days within which to produce their principal and to show cause why no judgment should be rendered against them for the amount of their bail. Within the said period, the bondsmen must:
(1) produce the body of their principal or give the reason for his non-production; and
(2) explain why the accused did not appear before the Court when first required to do so. Failing in these two (2) requisites, a judgment shall be rendered against the bondsmen, jointly and severally, for the amount of the bail. The Court shall not reduce or otherwise mitigate the liability of the bondsmen, unless the accused has been surrendered or is acquitted. 234
j.2. Judgments of forfeiture and writs of execution on bail/judicial bonds 235
All Branch Clerks of Court shall furnish the Clerk of Court a copy of all judgments of forfeiture and writs of execution, including subsequent orders/proceedings relative thereto. The Clerk of Court shall keep a separate file of such orders for his ready reference.
The Clerk of Court shall submit to the Office of the Court Administrator a quarterly report of all bonding companies with outstanding obligations, the amount executed together with the judgment of forfeiture and writ of execution, and subsequent motions/orders relative thereto.
k. Cancellation of bail 236
Upon application of the bondsmen, with due notice to the prosecutor, the bail may be cancelled upon surrender of the accused or proof of his death.
The bail shall be deemed automatically cancelled upon acquittal of the accused, dismissal of the case, or execution of the judgment of conviction.
In all instances, the cancellation shall be without prejudice to any liability on the bail.
l. Notification to bondsmen
Whenever a bond is given for the provisional liberty of the accused and the same has been ordered cancelled or released by the Court after it has already served its purpose, the bondsmen or bonding company must be immediately notified. 237
m. Arrest of accused out on bail 238
For the purpose of surrendering the accused, the bondsmen may arrest him or, upon written authority endorsed on a certified copy of the undertaking, cause him to be arrested by a police officer or any other person of suitable age and discretion.
An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without permission of the Court where the case is pending. DaEcTC
n. No bail after final judgment; exception
No bail shall be allowed after a judgment of conviction has become final. If before such finality, the accused applies for probation, he may be allowed temporary liberty under his bail. When no bail was filed or the accused is incapable of filing one, the Court may allow his release on recognizance to the custody of a responsible member of the community. In no case shall bail be allowed after the accused has commenced to serve sentence. 239
o. Court supervision of detainees 240
The Court shall exercise supervision over all persons in custody for the purpose of eliminating unnecessary detention. The Executive Judges of the Regional Trial Courts shall conduct monthly personal inspections of provincial, city, and municipal jails and the prisoners within their respective jurisdictions. They shall ascertain the number of detainees, inquire on their proper accommodation and health, and examine the condition of the jail facilities. They shall order the segregation of sexes and of minors from adults, ensure the observance of the right of detainees to confer privately with counsel, and strive to eliminate conditions inimical to the detainees.
In cities and municipalities to be specified by the Supreme Court, the Municipal Trial Judges or Municipal Circuit Trial Judges shall conduct monthly personal inspections of the municipal jails in their respective municipalities and submit a report to the Executive Judge of the Regional Trial Court having jurisdiction therein.
A monthly report of such visitation shall be submitted by the Executive Judges to the Court Administrator which shall state the total number of detainees, the names of those held for more than thirty (30) days, the duration of detention, the crime charged, the status of the case, the cause of detention and other pertinent information.
p. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation
An application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefor, or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him, provided that he raises them before entering his plea. The Court shall resolve the matter as early as practicable but not later than the start of the trial of the case. 241
q. Forfeited bonds; delinquent companies
All Clerks of Court are required to submit to the Supreme Court monthly reports on judicial bonds filed that were forfeited during the preceding month, showing the case number, name of the accused, the amount of the bond, the date of acceptance, statements of the amounts of forfeited bonds and bonds ordered executed but which remain unsatisfied, indicating the companies filing said bonds and the dates of forfeiture and orders of execution, as the case may be. 242
Trial Judges should, as a matter of precaution, course the bonds through the Clerk of Court for verification before approving the same. 243
r. Cancellation of bail bond of accused convicted of capital offense in the Regional Trial Court. 244
An accused who is charged with a capital offense or an offense punishable by reclusion perpetua, shall no longer be entitled to bail as a matter of right even if he appeals the case to the Supreme Court since his conviction clearly imparts that the evidence of his guilt of the offense charged is strong.
The following are the rules concerning the effectivity of the bail of the accused:
r.1 When an accused is charged with an offense which under the law existing at the time of its commission and at the time of the application for bail is punishable by a penalty lower than reclusion perpetua and is out on bail, and after trial is convicted by the trial court of the offense charged or of a lesser offense than that charged in the complaint or information, he may be allowed to remain free on his original bail pending resolution of his appeal, unless the proper court directs otherwise pursuant to Sec. 2 (a) of Rule 114;
r.2 When an accused is charged with a capital offense or an offense which, under the law at the time of its commission and at the time of the application for bail, is punishable by reclusion perpetua and is out on bail, and, after trial, is convicted by the trial court of a lesser offense than that charged in the complaint or information, the same rule set forth in the preceding paragraph shall be applied; and
r.3. When an accused is charged with a capital offense or an offense which, under the law at the time of its commission and at the time of the application for bail, is punishable by reclusion perpetua and is out on hail, and, after trial, is convicted by the trial court of the offense as charged, his bond shall be cancelled and the accused shall be placed in confinement pending resolution of his appeal.
r.4 As to criminal cases covered under preceding paragraph, which are now pending appeal before the Supreme Court where the accused is still on provisional liberty, the following rules are laid down:
(1) The Supreme Court shall order the bondsman to surrender the accused within ten (10) days from notice to the court of origin. The bondsman shall inform the said Court of the fact of surrender, after which, the cancellation of the bond shall be ordered by the same court;
(2) The RTC shall order the transmittal of the accused to the National Bureau of Prisons through the Philippine National Police as the accused shall remain under confinement pending resolution of his appeal; ETaSDc
(3) If the accused-appellant is not surrendered within the aforesaid period of ten (10) days, his bond shall be forfeited and an order of arrest shall be issued by the Supreme Court. The appeal taken by the accused shall also be dismissed under Sec. 8 of Rule 124 as he shall be deemed to have jumped bail.
1.3.1.6. Search and seizure
a. Search warrant defined
A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a Judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the Court. 245
b. Court where application for search warrant shall be filed. 246
b.1. Any court within whose territorial jurisdiction a crime was committed; and
b.2. For compelling reasons stated in the application, any court within the judicial region where the crime was committed if the place of the commission of the crime is known, or any court within the judicial region where the warrant shall be enforced.
However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending.
c. Requisites for issuing search warrant
A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by the Judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. 247
d. Examination of complainant; record
The Judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements, together with the affidavits submitted. 248
e. Issuance and form of search warrant
If the Judge is satisfied of the existence of facts upon which the application is based or that there is probable cause to believe that they exist, he shall issue the warrant, which must be substantially in the form prescribed by the Rules. 249
f. Time of making search
The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night. 250
g. Validity of search warrant
A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void. 251
h. Delivery of property and inventory thereof to court; return and proceedings thereon. 252
h.1. The officer must forthwith deliver the property seized to the Judge who issued the warrant, together with a true inventory thereof duly verified under oath.
h.2. Ten (10) days after issuance of the search warrant, the issuing Judge shall ascertain if the return has been made, and if none, shall summon the person to whom the warrant was issued and require him to explain why no return was made. If the return has been made, the Judge shall ascertain whether Sec. 11 of Rule 126 has been complied with and shall require that the property seized be delivered to him. The Judge shall see to it that the preceding paragraph has been complied with. IaAEHD
h.3. The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who shall enter therein the date of the return, the result, and other actions of the Judge.
A violation of Sec. 12 of Rule 126 shall constitute contempt of court.
i. Search warrants log book 253
In every court, there shall be a log book under the custody of the Clerk of Court wherein shall be entered within twenty-four (24) hours after the issuance of the search warrant, the following:
i.1. Date and number of the warrant;
i.2. Name of the issuing judge;
i.3. Name of the person against whom the warrant is issued;
i.4. Offense cited in the warrant; and
i.5. Name of the officer who applied for the warrant and his witnesses.
In multiple sala courts, each branch shall have a separate and distinct log book.
j. Guidelines and procedures
j.1. Guidelines and procedures in the issuance of search warrants 254
(1) All applications for search warrants, if filed with the Executive Judge, shall be assigned, by raffle, to a Judge within his administrative area, under whose direction the search warrant shall be issued for the search and seizure of personal property;
(2) After the application has been raffled and distributed to a branch, the Judge who is assigned to conduct the examination of the complainant and witnesses should immediately act on the same, considering that time element and possible leakage of information are the primary considerations in the issuance of search warrants and seizure;
(3) Raffling shall be strictly enforced, except only in cases where an application for search warrant may be filed directly with any Judge in whose jurisdiction the place to be searched is located, after office hours, or during Saturdays, Sundays and legal holidays, in which case the applicant is required to certify under oath the urgency of the issuance thereof after office hours, or during Saturdays, Sundays and legal holidays;
(4) If, in the implementation of the search warrant, properties are seized thereunder and the corresponding case is filed in court, said case shall be distributed by raffle conformably with Circular No. 7, dated September 23, 1974, of the Supreme Court, and thereupon tried and decided by the Judge to whom it has been assigned, and not necessarily by the Judge who issued the search warrant;
(5) A warrant may be issued for the search and seizure of personal property — (a) subject of the offense; (b) stolen or embezzled or are the proceeds or fruits of an offense; and (c) used or intended to be used as the means of committing an offense.
j.2. Amended guidelines and procedures on applications for search warrants for illegal possession of firearms and other serious crimes filed in Metro Manila courts and other courts with multiple salas: 255
(1) All applications for search warrants relating to violation of the Anti-Subversion Act, crimes against public order as defined in the Rev. Penal Code, as amended, illegal possession of firearms and/or ammunitions and violations of the Dangerous Drugs Act of 1972, as amended, shall no longer be raffled and shall immediately be taken cognizance of and acted upon by the Executive Judge of the Regional Trial Court, Metropolitan Trial Court, and Municipal Trial Court under whose jurisdiction the place to be searched is located.
(2) In the absence of the Executive Judge, the Vice-Executive Judge shall take cognizance of and personally act on the same. In the absence of the Executive Judge or Vice-Executive Judge, the application may be taken cognizance of and acted upon by any Judge of the Court where the application is filed.
(3) Applications filed after office hours, during Saturdays, Sundays and holidays, shall likewise be taken cognizance of and acted by any Judge of the Court having jurisdiction of the place to be searched, but in such cases the applicant shall certify and state the facts under oath, to the satisfaction of the Judge, that its issuance is urgent.
(4) Any Judge acting on such application shall immediately and without delay personally conduct the examination of the applicant and his witnesses to prevent the possible leakage of information. He shall observe the procedures, safeguards and guidelines for the issuance of search warrants provided for in Administrative Circular No. 13, dated October 1, 1985. DICcTa
j.3. Officers authorized to act on application for search warrants in special cases: 256
The Executive Judges and Vice Executive Judges of the Regional Trial Courts of Manila and Quezon City are authorized to act on application for search warrants involving heinous crimes, illegal gambling, dangerous drugs and illegal possession of firearms filed by the Philippine National Police (PNP) and the National Bureau of Investigation (NBI) with the Regional Trial Courts of Manila and Quezon City.
The applications shall be personally endorsed by the Heads of the said agencies, for the search of places to be particularly described therein, and the seizure of property or things as prescribed in the Rules of Court, and to issue the warrants, if justified, which may be served in places outside the territorial jurisdiction of said Courts.
The authorized Judges shall keep a special docket book listing the details of the applications and the result of the searches and seizures made pursuant to the warrants issued.
1.3.1.7. Arraignment and plea
a. Arraignment and plea; how made 257
a.1. The accused must be arraigned before the Court where the complaint or information was filed or assigned for trial. The arraignment shall be made in open court by the Judge or Clerk by furnishing the accused with a copy of the complaint or information, reading the same in the language or dialect known to him, and asking him whether he pleads guilty or not guilty. The prosecution may call at the trial witnesses other than those named in the complaint or information.
a.2. The accused must be present at the arraignment and must personally enter his plea. Both arraignment and plea shall be made of record, but failure to do so shall not affect the validity of the proceedings.
a.3. When the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered for him.
a.4. When the accused pleads guilty but presents exculpatory evidence, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him.
a.5. When the accused is under preventive detention, his case shall be raffled and its records transmitted to the Judge to whom the case was raffled within three (3) days from filing of the information or complaint. The accused shall be arraigned within ten (10) days from the date of the raffle. The pre-trial conference of his case shall be held within ten (10) days after arraignment.
a.6. The private offended party shall be required to appear at the arraignment for purposes of plea bargaining, determination of civil liability and other matters requiring his presence. In case of failure of the offended party to appear despite due notice, the Court may allow the accused to enter a plea of guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone.
a.7. Unless a shorter period is provided by special law or Supreme Court circular, the arraignment shall be held within thirty (30) days from the date the Court acquires jurisdiction over the person of the accused. The time of the pendency of a motion to quash or for a bill of particulars or other causes justifying suspension of the arraignment shall be excluded in computing the period.
b. Plea of guilty to a lesser offense
At arraignment, the accused, with the consent of the offended party and the prosecutor, may be allowed by the Trial Court to plead guilty to a lesser offense which is necessarily included in the offense charged. After arraignment but before trial, the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. No amendment of the complaint or information is necessary. 258
c. Plea of guilty to a capital offense; reception of evidence
When the accused pleads guilty to a capital offense, the Court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf. 259
d. Plea of guilty to non-capital offense; reception of evidence
When the accused pleads guilty to a non-capital offense, the Court may receive evidence from the parties to determine the penalty to be imposed. 260
e. Withdrawal of improvident plea of guilty
At any time before the judgment of conviction becomes final, the Court may permit an improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty. 261
f. Duty of Court to inform accused of his right to counsel
Before arraignment, the Court shall inform the accused of his right to counsel and ask him if he desires to have one. Unless the accused is allowed to defend himself in person or has employed counsel of his choice, the Court must assign a counsel de oficio to defend him. 262
g. Appointment of counsel de oficio
The Court, considering the gravity of the offense and the difficulty of the questions that may arise, shall appoint as counsel de oficio such members of the bar in good standing who, by reason of their experience and ability, can competently defend the accused. But in localities where such members of the bar are not available, the Court may appoint any person, resident of the province and of good repute for probity and ability, to defend the accused. 263
h. Time for counsel de oficio to prepare for arraignment
Whenever a counsel de oficio is appointed by the Court to defend the accused at the arraignment, he shall be given a reasonable time to consult with the accused as to his plea before proceeding with the arraignment. 264
i. Compensation of counsel de officio
The compensation of attorneys de oficio shall be in accordance with the rates fixed in Sec. 32 of Rule 138 of the Rules of Court.
j. Claims for payment of counsel de oficio 265
The following requirements prescribed in connection with the filing of claims for payment of counsel de oficio fees pursuant to Sec. 32 of Rule 138 of the Rules of Court must be strictly complied with: HISAET
j.1. The claim in duplicate shall be filed with the Supreme Court through the Clerk of Court of the trial court.
j.2. The claims shall be indorsed by the Clerk of Court to the Supreme Court not earlier than thirty (30) days from the date of the decision or order of the Court allowing payment of the fees, with two (2) certified copies (duly authenticated with the dry seal of the Court) of each of the following:
(1) Certification of appointment or order of designation of counsel de oficio;
(2) Information in the case where the claimant served as counsel de oficio;
(3) The decision rendered in the case, and unless already filed therein, the order of the Court fixing the amount of the fees of the counsel de oficio;
(4) Sworn certificate by the claimant stating his appearance, as well as the nature and content of his services duly certified by the Clerk of Court, and the number, date and place of issue of the official receipt for payment of claimant's professional license fees.
All Clerks of Court are directed to submit to the Supreme Court within the first five (5) days of every month a report containing a list of attorneys de oficio appointed by the Court during the preceding month, indicating the date of appointment and the docket number of the case and the nature thereof.
Services rendered as counsel de officio in provisionally dismissed cases are not compensable.
Counsel de officio must be informed of the foregoing requirements.
1.3.1.8. Pre-trial
a. Pre-trial; mandatory in criminal cases 266
In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the Court shall, after arraignment and within thirty (30) days from the date the Court acquires jurisdiction over the person of the accused, unless a shorter period is provided for in special laws or circulars of the Supreme Court, order a pre-trial conference to consider the following:
a.1. plea bargaining;
a.2. stipulation of facts;
a.3. marking for identification of evidence of the parties;
a.4. waiver of objections to admissibility of evidence;
a.5. modification of the order of trial if the accused admits the charge but interposes a lawful defense; and
a.6. such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.
The Presiding Judge may refer the case to the Clerk of Court of a single sala or the Branch Clerk for a preliminary conference to assist the parties in plea bargaining, to mark the documents or exhibits to be presented with the list and copies or photographs thereof to be attached to the records after comparison, and to consider such other matters as will promote the expeditious trial of the case.
b. Pre-trial agreement
All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel, otherwise, they cannot be used against the accused. The agreements covering the matters referred to in Sec. 1 of Rule 118 shall be approved by the Court. 267
c. Non-appearance at pre-trial conference
If the counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for his lack of cooperation, the Court may impose proper sanctions or penalties. 268
d. Pre-trial order
After the pre-trial conference, the Court shall issue an order reciting the actions taken, the facts stipulated, and evidence marked. Such order shall bind the parties, limit the trial to matters not disposed of, and control the course of the action during the trial, unless modified by the Court to prevent manifest injustice. 269
1.3.2. During Trial
1.3.2.1. Time to prepare for trial
After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial. The trial shall commence within thirty (30) days from receipt of the pre-trial order. 270
1.3.2.2. Continuous trial until terminated; postponement 271
Trial once commenced shall continue from day to day as far as practicable until terminated. It may be postponed for a reasonable period of time for good cause.
The Court shall, after consultation with the prosecutor and defense counsel, set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Supreme Court.
The time limitations provided by Secs. 1 and 2 of Rule 119 shall not apply where special laws or circulars of the Supreme Court provide for a shorter period of trial.
1.3.2.3. Exclusions 272
The following periods of delay shall be excluded in computing the time within which trial must commence:
a. Any period of delay resulting from other proceedings concerning the accused, including but not limited to the following:
a.1. Delay resulting from an examination of the physical and mental condition of the accused;
a.2. Delay resulting from proceedings with respect to other criminal charges against the accused;
a.3. Delay resulting from extraordinary remedies against interlocutory orders;
a.4. Delay resulting from pre-trial proceedings; provided, that the delay does not exceed thirty (30) days;
a.5. Delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts;
a.6. Delay resulting from a finding of the existence of a prejudicial question; and
a.7. Delay reasonably attributable to any period, not to exceed thirty (30) days, during which any proceeding concerning the accused is actually under advisement.
b. Any period of delay resulting from the absence or unavailability of an essential witness.
For purposes of this subparagraph, an essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence. He shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence. ScTCIE
c. Any period of delay resulting from the mental incompetence or physical inability of the accused to stand trial.
d. If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge.
e. A reasonable period of delay when the accused is joined for trial with a co-accused over whom the Court has not acquired jurisdiction, or as to whom the time for trial has not run and no motion for separate trial has been granted.
f. Any period of delay resulting from a continuance granted by any court motu proprio, or on motion of either the accused or his counsel, or the prosecution, if the Court granted the continuance on the basis of its findings set forth in the order that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial.
1.3.2.4. Factors for granting continuance 273
The following factors, among others, shall be considered by a court in determining whether to grant a continuance under Sec. 3 (f) of Rule 119.
a. Whether or not the failure to grant a continuance in the proceeding would likely make a continuation of such proceeding impossible or result in a miscarriage of justice; and
b. Whether or not the case taken as a whole is so novel, unusual and complex, due to the number of accused or the nature of the prosecution, or that it is unreasonable to expect adequate preparation within the periods of time established therein.
In addition, no continuance under Sec. 3 (f) of Rule 119 shall be granted because of congestion of the court's calendar or lack of diligent preparation or failure to obtain available witnesses on the part of the prosecutor.
1.3.2.5. Time limit following an order for new trial
If the accused is to be tried again pursuant to an order for a new trial, the trial shall commence within thirty (30) days from notice of the order, provided that if the period becomes impractical due to unavailability of witnesses and other factors, the Court may extend it but not to exceed one hundred eighty (180) days from notice of said order for a new trial. 274
1.3.2.6. Extended time limit
Notwithstanding the provision of Sec. 1 (g) of Rule 116 and the preceding Sec. 1, for the first twelve-calendar-month period following its effectivity on September 15, 1998, the time limit with respect to the period from arraignment to trial imposed by said provision shall be one hundred eighty (180) days. For the second twelve-month period, the time limit shall be one hundred twenty (120) days, and for the third twelve-month period, the time limit shall be eighty (80) days. 275
1.3.2.7. Sanctions 276
In any case in which private counsel for the accused, the public attorney, or the prosecutor:
a. Knowingly allows the case to be set for trial without disclosing that a necessary witness would be unavailable for trial;
b. Files a motion solely for delay which he knows is totally frivolous and without merit;
c. Makes a statement for the purpose of obtaining continuance which he knows to be false and which is material to the granting of continuance; or
d. Willfully fails to proceed to trial without justification consistent with the provisions of the Rules on Criminal Procedure, the Court may punish such counsel, attorney, or prosecutor, as follows:
d.1. By imposing on a counsel privately retained in connection with the defense of an accused, a fine not exceeding twenty thousand pesos (P20,000.00);
d.2. By imposing on any appointed counsel de oficio, public attorney, or prosecutor a fine not exceeding five thousand pesos (P5,000.00); and
d.3. By denying any defense counsel or prosecutor the right to practice before the Court trying the case for a period not exceeding thirty (30) days. The punishment provided for shall be without prejudice to any appropriate criminal action or other sanction authorized under the Rules.
1.3.2.8. Remedy where accused is not brought to trial within the time limit 277
If the accused is not brought to trial within the time limit required by Sec. 1 (g) of Rule 116 and Sec. 1, as extended by Sec. 6 of Rule 119, the information may be dismissed on motion of the accused on the ground of denial of his right to speedy trial. The accused shall have the burden of proving the motion but the prosecution shall have the burden of going forward with the evidence to establish the exclusion of time under Sec. 3 of Rule 119. The dismissal shall be subject to the rules on double jeopardy.
Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under Sec. 9 of Rule 119.
1.3.2.9. Order of trial 278
The trial shall proceed in the following order:
a. The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
b. The accused may present evidence to prove his defense and damages, if any, arising from the issuance of a provisional remedy in the case.
c. The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the Court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue.
d. Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the Court directs them to argue orally or to submit written memoranda. DcSTaC
e. When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified.
1.3.2.10. Application for examination of witness for accused before trial
When the accused has been held to answer for an offense, he may, upon motion with notice to the other parties, have witnesses conditionally examined in his behalf. The motion shall state: (a) the name and residence of the witness; (b) the substance of his testimony; and (c) that the witness is sick or infirm as to afford reasonable ground for believing that he will not be able to attend the trial, or resides more than one hundred (100) kilometers from the place of trial and has no means to attend the same, or that other similar circumstances exist that would make him unavailable or prevent him from attending the trial. The motion shall be supported by an affidavit of the accused and such other evidence as the Court may require. 279
1.3.2.11. Examination of defense witness; how made
If the Court is satisfied that the examination of a witness for the accused is necessary, an order shall be made directing that the witness be examined at a specific date, time and place and that a copy of the order be served on the prosecutor at least three (3) days before the scheduled examination. The examination shall be taken before a Judge, or, if not practicable, a member of the Bar in good standing so designated by the Judge in the order, or if the order be made by Court of superior jurisdiction, before an inferior Court to be designated therein. The examination shall proceed notwithstanding the absence of the prosecutor provided he was duly notified of the hearing. A written record of the testimony shall be taken. 280
1.3.2.12. Bail to secure appearance of material witness
When the Court is satisfied, upon proof or oath, that a material witness will not testify when required, it may, upon motion of either party, order the witness to post bail in such sum as may be deemed proper. Upon refusal to post bail, the Court shall commit him to prison until he complies or is legally discharged after his testimony has been taken. 281
1.3.2.13. Examination of witness for the prosecution
When it satisfactorily appears that a witness for the prosecution is too sick or infirm to appear at the trial as directed by the Court, or has to leave the Philippines with no definite date of returning, he may forthwith be conditionally examined before the Court where the case is pending. Such examination, in the presence of the accused, or in his absence after reasonable notice to attend the examination has been served on him, shall be conducted in the same manner as an examination at the trial. Failure or refusal of the accused to attend the examination after notice shall be considered a waiver. The statement taken may be admitted in behalf of or against the accused. 282
1.3.2.14. Trial of several accused
When two (2) or more accused are jointly charged with an offense, they shall be tried jointly unless the Court, in its discretion and upon motion of the prosecutor or any accused, orders separate trial for one or more accused. 283
1.3.2.15. Discharge of accused to be state witness 284
When two (2) or more persons are jointly charged with the commission of any offense, upon motion of the prosecution before resting its case, the Court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the Court is satisfied that:
a. There is absolute necessity for the testimony of the accused whose discharge is requested;
b. There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused;
c. The testimony of said accused can be substantially corroborated in its material points;
d. Said accused does not appear to be the most guilty; and
e. Said accused has not, at any time, been convicted of any offense involving moral turpitude.
Evidence adduced in support of the discharge shall automatically form part of the trial. If the Court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence.
1.3.2.16. Discharge of accused operates as acquittal
The order indicated in Sec. 17 of Rule 119 shall amount to an acquittal of the discharged accused and shall be a bar to future prosecution for the same offense, unless the accused fails or refuses to testify against his co-accused in accordance with his sworn statement constituting the basis for his discharge. 285
1.3.2.17. Who must prosecute criminal actions
All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor. In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn. 286 HcSaTI
1.3.2.18. Exclusion of the public
The Judge may, motu proprio, exclude the public from the courtroom if the evidence to be produced during the trial is offensive to the decency or public morals. He may also, on motion of the accused, exclude the public from the trial except court personnel and the counsel of the parties. 287
1.3.2.19. Consolidation of trials of related offenses
Charges for offenses founded on the same facts or forming part of a series of offenses of similar character may be tried jointly at the discretion of the Court. 288
1.3.2.20. Demurrer to evidence 289
After the prosecution rests its case, the Court may dismiss the action on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of court.
If the Court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense. When the demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution.
The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of five (5) days after the prosecution rests its case. The prosecution may oppose the motion within a non-extendible period of five (5) days from its receipt.
If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible period of ten (10) days from notice. The prosecution may oppose the demurrer to evidence within a similar period from its receipt.
The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment.
1.3.2.21. Reopening
At any time before finality of the judgment of conviction, the Judge may, motu proprio or upon motion, with hearing in either case, reopen the proceedings to avoid a miscarriage of justice. The proceedings shall be terminated within thirty (30) days from the order granting it. 290
1.3.2.22. Court processes to witnesses
a. Medico-legal officers/doctors
In the interest of public service, medico-legal officers subpoenaed to testify in court, but who for justifiable reasons are unable to appear at the particular hour indicated in the subpoena, may ask for a resetting and shall be informed of the revised hour and/or date of trial, as the case may be.
Subpoenas issued for the purpose should include the name of the victim, or offended party, and the date of referral of treatment.
b. Prisoners
Applications for transfer of prisoners from one place to another for purposes of testifying at the hearing or the trial of an action —
b.1. In death or life imprisonment cases 291
No person sentenced to death or life imprisonment or detained upon legal process for the commission of any offense punishable by death or life imprisonment, who is confined in the New Bilibid Prisons, Muntinlupa City, shall be allowed to be brought outside the said penal institution for appearance or attendance, as witness or as accused, in preliminary investigations, arraignments or hearings of other criminal cases in any court, except as herein provided.
In Metro Manila and the provinces of Rizal, Bulacan, Cavite and Laguna, Judges who shall require the appearance or attendance, as witness or as accused, of any person confined in the New Bilibid Prisons in any of the aforestated proceedings before their respective Courts, shall conduct such proceedings within the premises of the said penal institution.
The Supreme Court shall deal with all other situations on a case to case basis, upon proper application of the Judge concerned.
b.2. Guidelines in the issuance of subpoena requiring a detention prisoner detained in one place to appear in another place for the purpose of taking his testimony. 291-a
To minimize or prevent the unnecessary transfer of detained prisoners to another place for the taking of their testimony, and subject to the provisions of Sec. 2, Rule 21 of the Rules on Civil Procedure and Administrative Circular No. 6 dated December 5, 1977, the following guidelines shall be strictly observed:
(1) Any application for the issuance of subpoena ad testificandum shall be studied carefully and judiciously by the judge receiving the same to determine whether the application is for a valid purpose.
(2) If, in his sound judgment, the personal appearance or attendance at the hearing or trial of the case before him by a prisoner detained in another place can be dispensed with, considering all the circumstances of the case in light the "absolute necessity" rule and the availability under the Rules of Court of more practicable alternative modes of taking the testimony of the prisoner other than personal appearance, the application shall be denied.
(3) On the other hand, if the personal appearance or attendance of the prisoner at the hearing or trial is indispensable or that his complicity in the commission of the offense subject of the hearing or trial has been fully established, the said application shall be granted. TCSEcI
(4) In case a subpoena is issued, the court before which the case of the detained prisoner is pending shall forthwith be duly informed thereof by the judge issuing the same as a matter of judicial courtesy and an orderly procedure in the context of trial scheduling.
(5) The full testimony of the prisoner shall be taken at once, and immediately thereafter, the prisoner shall be returned to his original place of confinement.
c. Police witnesses 292
c.1. All Clerks of Court are required that:
(1) In the preparation of the notice of hearing/subpoena, copies of the same shall not only be sent to the office and residence addresses of the police witness concerned but also to his/her commanding officer's or immediate superior officer's address;
(2) In case several police witnesses are summoned to attend a scheduled hearing, all of them shall be furnished individually of copies of the notice of hearing/subpoena;
(3) In all cases, notice of hearing/subpoena shall be sent at least thirty (30) days prior to the scheduled hearing to the police witness and his/her commanding officer or immediate superior officer;
c.2. All judges are reminded and advised:
(1) To give preference in time to the testimony of the police witness than other witness;
(2) To avoid unnecessary postponements of hearing, especially when the police witnesses present come from far-flung police unit or station;
(3) Not to be lenient or liberal in accepting the explanation of police witnesses who fail to attend the scheduled hearings despite due notice to them;
(4) To impose the maximum penalty to police witnesses and their superior when warranted, if the explanation of the offending witness should be found unsatisfactory; and
(5) To inform the head of the law enforcement agency to which the offending witness belongs of the sanction imposed against the said witness for further administrative action.
d. Records on firearms and explosives
All summonses and processes seeking to establish official records or information regarding firearm and explosives shall be addressed to "The Chief, Records Branch, Firearms and Explosives Division". 293
1.3.2.23. Guidelines in the issuance of notices and subpoenas to witnesses 294
In order to avoid inconvenience and unnecessary expenditure of time on the part of government employees, military and police officers, physicians, both in government and private practice as well as other technical experts, the following guidelines are hereby established in the issuance of notices and subpoenas to witnesses:
a. Before the trial dates are fixed for the attendance of the above-named witnesses, the Presiding Judge shall direct the public prosecutor and the Branch Clerk of Court to ascertain the dates of availability of said witnesses;
b. When the examination of these witnesses is terminated, the Branch Clerk of Court shall indicate on a space in the information or some other appropriate page of the records that the testimony was taken;
c. The Presiding Judge shall ascertain that no subpoena is issued to a witness who has already completed his testimony, unless he is recalled for rebuttal or a reopening of the proceedings;
d. During the pre-trial, the Presiding Judge shall endeavor to secure admissions from the parties on the admissibility of documents to eliminate the need for the appearance of witnesses who executed said documents;
e. Whenever practical, the examination of a witness should be terminated in one hearing to obviate the need for his/her return; and
f. With respect to the unjustified non-appearance of a government witness, in addition to the exercise of contempt powers, the Presiding Judge shall furnish the head of office of the government employee with the orders issued in connection with his non-appearance. Thus, in the case of police officers, the National Police Commission should be given notice; and in the case of military officers, the Chief of Staff or the Secretary of National Defense.
1.3.2.24. Speedy disposition of criminal cases with detention prisoners and with witness protection, security and benefit witnesses 295
Judges are directed to faithfully observe Sec. 9 of Rep. Act No. 6981, otherwise known as Witness Protection, Security and Benefit Act (WPSB), which provides:
"Sec. 9. Speedy Hearing or Trial. — In any case where a witness admitted into the Program shall testify, the judicial or quasi-judicial body or investigating authority shall assure a speedy hearing or trial and shall endeavor to finish said proceeding within three (3) months from the filing of the case."
On this account, inventory of court dockets is hereby directed to determine the number of pending cases with detention prisoners and wherein WPSB witnesses are presently testifying and to give said cases preferential attention.
1.3.2.25. Speedy disposition of cases involving children 296 SDHAEC
All Trial Judges are enjoined to act with dispatch on all cases involving children, including but not limited to child labor case under Rep. Act No. 7610, cases of child abuses and pedophilia.
It is directed that arraignment should be scheduled within a week after the accused is placed in the Court's custody or upon filing of the bail bond and pre-trial/trial shall commence within three (3) days from arraignment.
Violations of Rep. Act No. 7610 should be heard in the chambers of the Family Courts or RTC duly designated as such. 297
1.3.2.26. Expeditious disposition of cases involving tourists 298
General Order No. 39 dated September 19, 1973 amending General Order No. 12 dated September 30, 1972 gives military tribunals concurrent jurisdiction over crimes committed against tourists and transients.
The civil courts shall have concurrent jurisdiction with the military tribunals over the said crimes, provided that civil courts shall dispose of such cases within twenty-four (24) hours after the filing thereof by the arresting officers. The Court or tribunal that first assumes jurisdiction shall exercise jurisdiction to the exclusion of all others.
1.3.3. After Trial
1.3.3.1. When case is submitted for decision
In criminal cases, the Judge will do well to announce in open court at the termination of the trial the date of the promulgation of the decision, which should be set within 90 days from the submission of the case for decision. 299
1.3.3.2. Judgment
a. Judgment; definition and form
Judgment is the adjudication by the Court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any. It must be written in the official language, personally and directly prepared by the Judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which it is based. 300
b. Contents of the judgment
If the judgment is of conviction, it shall state (1) the legal qualification of the offense constituted by the acts committed by the accused and the aggravating or mitigating circumstances which attended its commission; (2) the participation of the accused in the offense, whether as principal, accomplice, or accessory; (3) the penalty imposed upon the accused; and (4) the civil liability or damages caused by his wrongful act or omission to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate civil action has been reserved or waived.
In case the judgment is of acquittal, it shall state whether the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed to prove his guilt beyond reasonable doubt. In either case, the judgment shall determine if the act or omission from which the civil liability might arise did not exist. 301
c. Judgment for two (2) or more offenses
When two (2) or more offenses are charged in a single complaint or information but the accused fails to object to it before trial, the Court may convict him of as many offenses as are charged and proved, and impose on him the penalty for each offense, setting out separately the findings of fact and law in each offense. 302
d. Judgment in case of variance between the allegation and proof
When there is variance between the offense charged in the complaint or information and that proved, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved. 303
e. When an offense includes or is included in another
An offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former, as alleged in the complaint or information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form part of those constituting the latter. 304
f. Promulgation of judgment 305
f.1. The judgment is promulgated by reading it in the presence of the accused and any Judge of the Court in which it was rendered. However, if the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel or representative. When the Judge is absent or outside the province or city, the Judgment may be promulgated by the Clerk of Court.
f.2. If the accused is confined or detained in another province or city, the judgment may be promulgated by the Executive Judge of the Regional Trial Court having jurisdiction over the place of confinement or detention upon request of the Court which rendered the judgment. The Court promulgating the judgment shall have authority to accept the notice of appeal and to approve the bail bond pending appeal; provided, that if the decision of the Trial Court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed and resolved by the appellate Court.
f.3. The proper clerk of court shall give notice to the accused personally or through his bondsman or warden and counsel, requiring him to be present at the promulgation of the decision. If the accused was tried in absentia because he jumped bail or escaped from prison, the notice to him shall be served at his last known address. HSCATc
f.4. In case the accused fails to appear at the scheduled date of promulgation of judgment despite notice, the promulgation shall be made by recording the judgment in the criminal docket and serving him a copy thereof at his last known address or thru his counsel.
f.5. If the judgment is for conviction and the failure of the accused to appear was without justifiable cause, he shall lose the remedies available in the Rules against the judgment and the Court shall order his arrest. Within fifteen (15) days from promulgation of judgment, however, the accused may surrender and file a motion for leave of court to avail of these remedies. He shall state the reasons for his absence at the scheduled promulgation and if he proves that his absence was for a justifiable cause, he shall be allowed to avail of said remedies within fifteen (15) days from notice.
g. Modification of judgment
A judgment of conviction may, upon motion of the accused, be modified or set aside before it becomes final or before appeal is perfected. Except where the death penalty is imposed, a judgment becomes final after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied or served, or when the accused has waived in writing his right to appeal, or has applied for probation. 306
h. Entry of judgment
After a judgment has become final, it shall be entered in accordance with Rule 36 of the Rules of Civil Procedure (1997). 307
1.3.3.3. Probation
Subject to the provisions of Pres. Decree No. 968, as amended, the trial court may, after it shall have convicted and sentenced a defendant, and upon application by said defendant within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best. No application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for probation shall be filed with the trial court. The filing of the application shall be deemed a waiver of the right to appeal.
An order granting or denying probation shall not be appealable. 308
It shall be the duty of the Clerk of Court to remind the Presiding Judge of the submission of the Post-Sentence Investigation Report considering that the Court should resolve the petition for probation not later than fifteen (15) days after receipt of said report. 309
1.3.3.4 Mittimus or order of commitment
a. Concept of mittimus
The mittimus after conviction in criminal cases is a final process for carrying the judgment of the Court into effect. It is predicated upon the judgment of conviction and must be in substantial accord with it. The prisoner is detained, not by virtue of the warrant of commitment, but on account of the judgment and sentence of the Court. 310
In other words, mittimus is the order of commitment of the accused based on a final judgment of conviction.
b. Instructions for issuance of mittimus
To effect a more efficient handling of prisoners, the following instructions are hereby issued:
b.1. With reference to the commitment of prisoners to the New Bilibid Prison, the following should be included in the commitment papers: (1) two certified copies of the information and of the decision of the Court; and (2) the fact that the case has been appealed or not. In case the appeal is filed after the commitment papers have already been forwarded, the Director of Corrections should be informed of the fact immediately. 311
b.2. Hereafter, all mittimus issued by Regional Trial Courts and the Metropolitan/Municipal/Municipal Circuit Trial Courts should always be made to bear the fingerprints of both hands of the corresponding prisoner. In securing the fingerprints of a convict or accused on the corresponding mittimus, great care must be exercised in order to avoid substitution. TADaES
b.3. All mittimus should always bear, if possible, the signature of the Judge. However, if for certain reasons the signature of the Judge can not be secured, the mittimus should be made to bear the seal of the Court and the signature of the Clerk of Court thereof. Mittimus issued by the Metropolitan/Municipal/Municipal Circuit Trial Courts should always bear the signature of the Judge thereof.
b.4. If the convict is sentenced to be confined in an institution other than the New Bilibid Prisons, that fact should be stated on the mittimus and the word "To Director of Corrections" appearing thereon should be stricken off.
b.5. Great care should also be exercised in filling up the mittimus, especially with respect to the (1) crime charged, (2) crime for which convicted, (3) length of sentence and (4) length of subsidiary imprisonment, should there be any.
b.6. Ordinarily, the mittimus shall be prepared only after the expiration of the reglementary period to appeal. If the case is on appeal, that fact should be so stated in the mittimus, in order that the convict may be placed in the proper department to which he belongs by reason of his class.
b.7. All Commitment Orders for the commitment of an accused to prison should state that the prisoner concerned did not appeal the judgment of conviction, or if an appeal had been filed, that the same had been withdrawn/dismissed/decided with finality. 312
b.8. In all cases where the records are remanded from the Supreme Court or the Court of Appeals to the lower Court for execution of judgment, the Judge of the lower court concerned shall immediately issue the corresponding mittimus or commitment order of the prisoner immediately after the records are received by the court of origin.
(1) The mittimus shall be under the signature of the Judge and shall bear the seal of the Court attested by the Clerk of Court thereof;
(2) If the accused is sentenced to imprisonment of more than three (3) years, he is classified as national prisoner and shall be committed to the Director of Corrections in Muntinlupa, Metro Manila;
(3) If the accused is sentenced to imprisonment of more than one (1) year but not more than three (3) years, he is classified as city/provincial prisoner and shall be committed to the city or provincial jail warden;
(4) If the accused is sentenced to imprisonment of not more than one (1) year, he is classified as municipal prisoner and shall be committed to the municipal jail warden;
(5) In all appealed cases where the records are returned to the Court of origin for execution of judgment, the Clerk of Court of the lower court concerned shall furnish the appellate courts with copies of the mittimus/commitment order within ten (10) days from issuance;
(6) The mittimus shall also be issued where a detained prisoner is convicted, but remain in detention even after appeal is perfected for non-posting of bail, or the bail is cancelled, or because the accused has been sentenced to suffer reclusion perpetua.
c. Order of release of prisoners
Clerks of Court of Regional Trial Courts should never send a telegram to the Director of Corrections and Provincial Wardens, ordering the release of prisoners. Prisoners to be released by reason of acquittal or payment of fines, will be released only upon receipt by the Director of Corrections of a written order under the seal of the Court duly signed by the Judge or the Clerk of Court thereof. The Court's order of release should bear (a) the full name of the prisoner; (b) the crime committed; (c) the number of the case; and (d) such other details as will enable the head of any penal institution to properly identify the prisoner to be released.
d. Transfer of national prisoners 313
d.1. In the Department of Justice Circular No. 4 of January 15, 1991, the Secretary of Justice directed Provincial and City Prosecutors to file with the proper court, immediately after the promulgation of the judgment convicting a national prisoner, a manifestation requesting said court to commit the prisoner directly to the national penal institutions. These are:
(1) National prisoners in Regions X and XI — to be committed to the Davao Prison and Penal Farm at Panabo, Davao del Norte;
(2) National prisoners in Regions IX and XII — to be committed to the San Ramon Prison and Penal Farm at Zamboanga del Sur;
(3) National prisoners in Region VIII — to be committed to the Leyte Regional Prison at Abuyog, Leyte;
(4) National prisoners in Palawan and Puerto Princesa City — to be committed to the Iwahig Prison and Penal Farm at Puerto Princesa, Palawan; and
(5) National prisoners in Mindoro Oriental and Mindoro Occidental — to be committed to the Sablayan Prison and Penal Farm at Sablayan, Mindoro Occidental.
The purposes of Circular No. 4-92-A which are to decongest provincial, city and municipal jails and to effect better control and supervision over national prisoners are still served if these prisoners are transferred to the mentioned national penal institutions. Accordingly, the Judges concerned may, in the exercise of sound discretion, favorably act on the manifestations of prosecutors for direct commitment of national prisoners to these penal institutions. SEcITC
It is understood that: (1) all female national prisoners shall continue to be committed to the Correctional Institution for Women at Mandaluyong, Metro Manila; and (2) all other national male prisoners not included in the foregoing enumeration shall be committed to the New Bilibid Prison at Muntinlupa City.
d.2. Instruction to prevent release of prisoners upon forged papers
All Judges are hereby ordered not to sign release orders prepared on ordinary pieces of paper. These orders, like other judicial processes, should be prepared on a standard form, the blanks of which should be kept under the custody of the Clerk of Court and should always be sealed with the seal of the Court.
No release orders should be given to private individuals for hand-carrying but should be carried by an employee of the Court or by any public officer who can attest to the authenticity thereof. 314
1.3.3.5. New trial or reconsideration
At any time before a judgment of conviction becomes final, the Court may, on motion of the accused or at its own instance but with the consent of the accused, grant a new trial or reconsideration. 315
a. Grounds for a new trial 316
The Court shall grant a new trial on any of the following grounds:
a.1. That errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial;
a.2. That new and material evidence has been discovered which the accused could not, with reasonable diligence, have discovered and produced at the trial and which, if introduced and admitted, would probably change the judgment.
b. Grounds for reconsideration
The Court shall grant reconsideration on the ground of errors of law or fact in the judgment, which requires no further proceedings. 317
c. Hearing on motion
Where a motion for new trial calls for resolution of any question of fact, the Court may hear evidence thereon by affidavits or otherwise. 318
d. Effects of granting a new trial or reconsideration 319
The effects of granting a new trial or reconsideration are the following:
d.1. When a new trial is granted on the ground of errors of law or irregularities committed during the trial, all the proceedings and evidence affected thereby shall be set aside and taken anew. the Court may, in the interest of justice, allow the introduction of additional evidence.
d.2. When a new trial is granted on the ground of newly-discovered evidence, the evidence already adduced shall stand and the newly-discovered and such other evidence as the Court may, in the interest of justice, allow to be introduced shall be taken and considered together with the evidence already in the record.
d.3. In all cases, when the Court grants new trial or reconsideration, the original judgment shall be set aside or vacated and a new judgment rendered accordingly.
1.3.3.6. Appeal
a. Who may appeal
Any party may appeal from a judgment or final order, unless the accused will be placed in double Jeopardy. 320
b. Where to appeal 321
The appeal may be taken as follows:
b.1. To the Regional Trial Court, in cases decided by the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court;
b.2. To the Court of Appeals or to the Supreme Court in the proper cases provided by law, in cases decided by the Regional Trial Courts; and
b.3. To the Supreme Court, in cases decided by the Court of Appeals.
c. How appeal taken 322
c.1. The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction, shall be taken by filing a notice of appeal with the Court which rendered the judgment or final order appealed from and by serving a copy thereof upon the adverse party.
c.2. The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review under Rule 42.
c.3. The appeal to the Supreme Court in cases where the penalty imposed by the Regional Trial Court is reclusion perpetua or life imprisonment, or where a lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which the penalty of death, reclusion perpetua, or life imprisonment is imposed, shall be by filing a notice of appeal in accordance with paragraph (a) of Sec. 3 of Rule 122.
c.4. No notice of appeal is necessary in cases where the death penalty is imposed by the Regional Trial Court. The same shall be automatically reviewed by the Supreme Court as provided in Sec. 10 of Rule 122.
c.5. Except as provided in the last paragraph of Sec. 13 of Rule 124, all other appeals to the Supreme Court shall be by petition for review on certiorari under Rule 45.
d. When appeal to be taken
An appeal must be taken within fifteen (15) days from promulgation of the judgment or from notice of the final order appealed from. This period for perfecting an appeal shall be suspended from the time a motion for new trial or reconsideration is filed until notice of the order overruling the motion has been served upon the accused or his counsel at which time the balance of the period begins to run. 323
e. Transcribing and filing notes of stenographic reporter upon appeal
When notice of appeal is filed by the accused, the Trial Court shall direct the stenographic reporter to transcribe his notes of the proceedings. When filed by the People of the Philippines, the Trial Court shall direct the stenographic reporter to transcribe such portion of his notes of the proceedings as the Court, upon motion, shall specify in writing. The stenographic reporter shall certify to the correctness of the notes and the transcript thereof, which shall consist of the original and four (4) copies, and shall file said original and four (4) copies with the Clerk without unnecessary delay. DTSIEc
If death penalty is imposed, the stenographic reporter shall, within thirty (30) days from promulgation of the sentence, file with the Clerk the original and four (4) copies of the duly certified transcript of his notes of the proceedings. No extension of time for filing of said transcript of stenographic notes shall be granted except by the Supreme Court and only upon justifiable grounds. 324
f. Transmission of papers to appellate court upon appeal
Within five (5) days from the filing of the notice of appeal, the Clerk of the Court with whom the notice of appeal was filed must transmit to the Clerk of Court of the appellate court the complete record of the case, together with said notice. The original and three (3) copies of the transcript of stenographic notes, together with the records, shall also be transmitted to the Clerk of the appellate court without undue delay. The other copy of the transcript shall remain in the lower court. 325
g. Appeal to the Regional Trial Courts 326
g.1. Within five (5) days from perfection of the appeal, the Clerk of Court shall transmit the original record to the appropriate Regional Trial Court.
g.2. Upon receipt of the complete record of the case, transcripts and exhibits, the Clerk of Court of the Regional Trial Court shall notify the parties of such fact.
g.3. Within fifteen (15) days from receipt of said notice, the parties may submit memoranda or briefs, or may be required by the Regional Trial Court to do so. After the submission of such memoranda or briefs, or upon the expiration of the period to file the same, the Regional Trial Court shall decide the case on the basis of the entire record of the case and of such memoranda or briefs as may have been filed.
h. Transmission of records in case of death penalty
In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the Supreme Court for automatic review and judgment within five (5) days after the fifteenth (15th) day following the promulgation of the judgment or notice of denial of a motion for new trial or reconsideration. The transcript shall also be forwarded within ten (10) days after the filing thereof by the stenographic reporter. 327
i. Effect of appeal by any of several accused 328
i.1. An appeal taken by one or more of several accused shall not affect those who did not appeal, except insofar as the judgment of the appellate court is favorable and applicable to the latter.
i.2. The appeal of the offended party from the civil aspect shall not affect the criminal aspect of the judgment or order appealed from.
i.3. Upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed as to the appealing party.
j. Withdrawal of appeal
Notwithstanding perfection of the appeal, the Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court, as the case may be, may allow the appellant to withdraw his appeal before the record has been forwarded by the Clerk of Court to the proper appellate Court as provided in Sec. 8 of Rule 122, in which case the judgment shall become final. The Regional Trial Court may also, in its discretion, allow the appellant from the judgment of a Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court to withdraw his appeal, provided a motion to that effect is filed before rendition of the judgment in the case on appeal, in which case the judgment of the court of origin shall become final and the case shall be remanded to the latter court for execution of the judgment. 329
k. Appointment of counsel de oficio for accused on appeal
It shall be the duty of the Clerk of Court of the trial court, upon filing of a notice of appeal, to ascertain from the appellant, if confined in prison, whether he desires the Regional Trial Court, Court of Appeals or the Supreme Court to appoint a counsel de oficio to defend him and to transmit with the record on a form to be prepared by the Clerk of Court of the appellate court, a certificate of compliance with this duty and of the response of the appellant to his inquiry. 330
1.3.3.7. Guidelines in the archiving of criminal cases 331
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 warrant if the original warrant of arrest is returned by the peace officer together with the report.
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:
b.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;
b.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;
b.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
b.4. when the accused has jumped bail before arraignment and cannot be arrested by his bondsmen.
c. General provisions
The general provisions under Sec. E 1.2.3.6. in archiving civil cases shall, likewise, apply to archiving of criminal cases.
1.4. Juveniles in Conflict with the Law
A juvenile in conflict with the law is a person who at the time of the commission of the offense is below eighteen (18) years of age but not less than nine (9) years of age. 332
1.4.1. Before Trial
1.4.1.1. Procedure in taking a juvenile into custody 333
Any person taking into custody a juvenile in conflict with the law shall: ACTIHa
a. Identify himself and present proper identification to the juvenile.
b. Inform the juvenile of the reason for such custody and advise him of his constitutional rights in a language or dialect understood by him.
c. Refrain from using vulgar or profane words and from sexually harassing or abusing, or making sexual advances on the juvenile.
d. Avoid displaying or using any firearm, weapon, handcuffs or other instruments of force or restraint, unless absolutely necessary and only after all other methods of control have been exhausted and have failed.
e. Refrain from subjecting the juvenile to greater restraint than is necessary for his apprehension.
f. Avoid violence or unnecessary force.
g. Notify the parents of the juvenile or his nearest relative or guardian, if any, and the local social welfare officer as soon as the apprehension is made.
h. Take the juvenile immediately to an available government medical or health officer for a physical and mental examination. The examination results shall be kept confidential unless otherwise ordered by the Family Court. Whenever treatment for any physical or mental defect is necessary, steps shall be immediately taken by the said officer to provide the Juvenile with the necessary and proper treatment.
i. Hold the juvenile in secure quarters separate from that of the opposite sex and adult offenders.
1.4.1.2. Taking custody of a juvenile without a warrant
A peace officer or a private person taking into custody a juvenile in conflict with the law without a warrant shall, likewise, follow the provisions of Secs. 5, 8 and 9 of Rule 113 of the Rev. Rules of Criminal Procedure and shall forthwith deliver him to the nearest police station. The juvenile shall be proceeded against in accordance with Sec. 7 of Rule 112. 334
1.4.1.3. Intake report by the social welfare officer
Upon the taking into custody of a juvenile in conflict with the law, the social welfare officer assigned to him by the DSWD shall immediately undertake a preliminary background investigation of the juvenile and submit, prior to arraignment of the juvenile, a report on his findings to the Family Court in which the case may be filed. 335
1.4.1.4. Filing of criminal action 336
A criminal action may be instituted against a juvenile in conflict with the law by filing a complaint with the prosecutor or the municipal court in cases where a preliminary investigation is required. In Manila and other chartered cities, if their charters so provide, the complaint shall be filed with the Office of the Prosecutor. It may also be filed directly with the Family Court if no preliminary investigation is required under Sec. 1 of Rule 112 of the Rev. Rules of Criminal Procedure.
All criminal actions commenced by complaint or information shall be prosecuted under the direction and control of the public prosecutor assigned to the Family Court.
1.4.1.5. Prosecution of civil action
When a criminal action is instituted against a juvenile in conflict with the law, the action for recovery of civil liability arising from the offense charged shall be governed by Rule 111 of the Rev. Rules of Criminal Procedure. 337
1.4.1.6. Venue
Subject to the provisions of Sec. 15 of Rule 110 of the Rev. Rules of Criminal Procedure, any criminal or civil action involving a juvenile in conflict with the law shall be instituted and tried in the Family Court of or nearest the place where the offense was committed or where any of its essential elements occurred. 338
1.4.1.7. When bail a matter of right 339
All juveniles in conflict with the law shall be admitted to bail as a matter of right before final conviction of an offense not punishable by death, reclusion perpetua or life imprisonment.
In the event the juvenile cannot post bail for lack of financial resources, the Family Court shall commit the juvenile pursuant to Sec. 18 of the Rule on Juveniles in Conflict with the Law.
However, where the juvenile does not pose a threat to public safety, the Family Court may, motu proprio or upon motion and recommendation of the DSWD, release the juvenile on recognizance to the custody of his parents or other responsible person.
1.4.1.8. When bail not a matter of right
No juvenile charged with an offense punishable by death, reclusion perpetua or life imprisonment shall be admitted to bail when evidence of guilt is strong. 340
1.4.1.9. Case study report
After the institution of the criminal action, the social worker of the Family Court shall immediately undertake a case study of the juvenile and his family, his environment and such other matters relevant to the proper disposition of the case. His report shall be submitted within the period fixed by the Family Court, preferably before arraignment, to aid it in the proper disposition of the case. 341
1.4.1.10. Diversion proceedings before arraignment
Where the maximum penalty imposed by law for the offense with which the juvenile in conflict with the law is charged is imprisonment of not more than six (6) months, regardless of fine or fine alone regardless of amount, and the corresponding complaint or information is filed with the Family Court, the case shall not be set for arraignment; instead, it shall forthwith be referred to the Diversion Committee which shall determine whether the juvenile can be diverted and referred to alternative measures or services offered by non-court institutions. Pending determination by the Committee, the Court shall deliver the juvenile on recognizance to the custody of his parents or legal guardian who shall be responsible for the presence of the juvenile during the diversion proceedings. 342
1.4.1.11. Diversion Committee 343
In each Family Court, there shall be a Diversion Committee to be composed of its Branch Clerk of Court as chairperson, and the prosecutor, a lawyer of the Public Attorney's Office and the social worker assigned to the said Family Court as members. EHTIDA
The chairperson of the Committee shall call for a conference with notice to the juvenile, his parents/legal guardian and his counsel, and the private complainant and his counsel, and recommend to the Family Court whether the juvenile should be diverted to a diversion program or undergo formal court proceedings. In making its recommendation, the Committee shall consider the following factors:
a. The record of the juvenile on his conflict with the law;
b. Whether the imposable maximum penalty of the offense is more than six (6) months, regardless of fine; or only a fine, regardless of amount;
c. Whether the juvenile is an obvious threat to himself and/or the community;
d. Whether the juvenile is unrepentant;
e. Whether the juvenile or his parents are indifferent or hostile;
f. Whether the juvenile's relationships with his peers increase the possibility of delinquent behavior.
If the Committee recommends diversion, it shall submit the diversion program for the juvenile for the consideration and approval of the Court.
The Committee cannot recommend diversion should the juvenile or the private complainant object thereto. If no diversion program is recommended, the Court shall include the case in its calendar for formal proceedings.
Consent to diversion by the juvenile or payment by him of civil indemnity shall not, in any way, be construed as admission of guilt and used as evidence against him in the event that his case is included in the court calendar for formal proceedings.
1.4.1.12. Diversion programs 344
The diversion program designed by the Committee shall be distinct to each juvenile in conflict with the law limited for a specific period. It may include any or a combination of the following:
a. Written or oral reprimand or citation;
b. Return of property;
c. Payment of the damage caused;
d. Written or oral apology;
e. Guidance and supervision orders;
f. Counseling for the juvenile and his family;
g. Training, seminars and lectures on
g.1. anger management skills;
g.2. problem-solving and/or conflict resolution skills;
g.3. values formation; and
g.4. other skills that will aid the juvenile to properly deal with situations that can lead to a repetition of the offense;
h. Participation in available community-based programs;
i. Institutional care and custody; or
j. Work-detail program in the community.
1.4.1.13. Hearing of Diversion Program
The Family Court shall set the recommendation and diversion program for hearing within ten (10) days from receipt thereof. 345
1.4.1.14. Undertaking 346
In all cases where a juvenile in conflict with the law is given the benefit of a diversion program, an undertaking describing the program shall be signed by him, his parents or legal guardian and the complainant, and approved by the Family Court. The program, which shall be enforced under the supervision and control of the Family Court, shall contain the following terms and conditions:
a. The juvenile shall present himself to the social worker of the Family Court that approved the diversion program at least once a month for evaluation of its effectiveness. Whenever the juvenile is permitted to reside in a place under the jurisdiction of another Family Court, control and supervision over him shall be transferred to the Family Court of that place, and in such case, a copy of the undertaking, the intake and case study reports and other pertinent records shall be furnished the said court. Thereafter, the Family Court to which jurisdiction over the juvenile is transferred shall have the power with respect to the latter that was previously possessed by the Family Court that approved the diversion and such other conditions as the Committee may deem just and proper under the circumstances.
b. The juvenile shall faithfully comply with the terms and conditions in the undertaking. His non-compliance shall be referred by the Committee to the Family Court where the case has been transferred for a show-cause hearing with notice to the juvenile and private complainant. The Court shall determine whether the juvenile should continue with the diversion program or his case returned to the original court for formal proceedings.
The Family Court shall exert its best efforts to secure satisfaction of the civil liability of the juvenile and his parents or guardian. However, inability to pay the said liability shall not by itself be a ground to discontinue the diversion program of the juvenile.
1.4.1.15. Closure order
The juvenile subject of diversion proceedings shall be visited periodically by the Family Court social worker who shall submit to the Committee his reports thereon. At any time before or at the end of the diversion period, a report recommending closure or extension of diversion, as the case may be, shall be filed by the Committee with the Family Court. The report and recommendation shall be heard by the Family Court within fifteen (15) days from its receipt thereof, with notice to the members of the Committee, the juvenile and his parents or legal guardian and counsel and the complainant to determine whether the undertaking has been fully and satisfactorily complied with. If the juvenile has complied with his undertaking, the Family Court shall issue the corresponding closure order terminating the diversion program. It may, however, extend the period of diversion to give the juvenile a further chance to be rehabilitated. SITCEA
In the event the Court finds that the diversion program will no longer serve its purpose, it shall include the case of the juvenile in its calendar for formal proceedings. 347
1.4.1.16. Arraignment and plea 348
The provisions of Rules 116 and 117 of the Rev. Rules of Criminal Procedure shall apply to the arraignment of the juvenile in conflict with the law. The arraignment shall be scheduled within seven (7) days from the date of the filing of the complaint or information with the Family Court, unless a shorter period is provided for by law.
Arraignment shall be held in chambers and conducted by the Judge by furnishing the juvenile a copy of the complaint or information, reading the same in a language or dialect known to and understood by him, explaining the nature and consequences of a plea of guilty or not guilty and asking him what his plea is.
1.4.1.17. Pre-trial 349
The provisions of Rule 118 of the Rev. Rules of Criminal Procedure shall govern the pre-trial of the juvenile in conflict with the law. Agreements or admissions made during the pre-trial conference shall be in writing and signed by the juvenile, his parents or guardian and his counsel; otherwise, they cannot he used against him.
Whenever possible and practicable, the Family Court shall explore all possibilities of settlement of the case, except its criminal aspect. Plea bargaining shall be resorted to only as a last measure when it will serve the best interests of the juvenile and the demands of restorative justice.
1.4.2. During Trial
1.4.2.1. Trial
All hearings shall be conducted in a manner conducive to the best interests of the juvenile and in an environment that will allow him to participate fully and freely in accordance with the Rule on Examination of a Child Witness. 350
1.4.2.2. Duty of the Family Court to protect the rights of the juvenile 351
In all criminal proceedings in the Family Court, the Judge shall ensure the protection of the following rights of the juvenile in conflict with the law:
a. To be presumed innocent until the contrary is proved beyond reasonable doubt.
b. To be informed promptly and directly of the nature and cause of the charge against him, and if appropriate, through his parents or legal guardian.
c. To be present at every stage of the proceedings, from arraignment to promulgation of judgment. The juvenile may, however, waive his presence at the trial pursuant to the stipulations set forth in his bail, unless his presence at the trial is specifically ordered by the court for purposes of identification. The absence of the juvenile without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat. When the juvenile under custody escapes, he shall be deemed to have waived his right to be present in all subsequent hearings until custody over him is regained.
d. To have legal and other appropriate assistance in the preparation and presentation of his defense.
e. To testify as a witness in his own behalf and subject to cross-examination only on matters covered by direct examination, provided that the Rule on the Examination of a Child Witness shall be observed whenever convenient and practicable.
The juvenile shall not be compelled to be a witness against himself and his silence shall not in any manner prejudice him.
f. To confront and cross-examine the witnesses against him.
g. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.
h. To have speedy and impartial trial, with legal or other appropriate assistance and preferably in the presence of his parents or legal guardian, unless such presence is considered not to be in the best interests of the juvenile taking into account his age or other peculiar circumstances.
i. To be accorded all the rights under the Rule on Examination of a Child Witness.
j. To have his privacy fully respected in all stages of the proceedings.
1.4.2.3. Care of juveniles in conflict with the law
The juvenile charged with having committed a delinquent act, held for trial or while the case is pending appeal, if unable to furnish bail or is denied bail, shall from the time of his being taken into custody be committed by the Family Court to the care of the DSWD, a youth detention center, or a local rehabilitation center recognized by the government in the province, city or municipality within the jurisdiction of the said court. The center or agency concerned shall be responsible for the juvenile's appearance in court whenever required. In the absence of any such center or agency within a reasonable distance from the venue of the trial, the juvenile shall be detained in the provincial, city or municipal jail which shall provide adequate quarters for the juvenile separate from adult detainees and detainees of the opposite sex. 352
1.4.2.4. Prohibition against labeling
In the conduct of proceedings from initial contact with the juvenile in conflict with the law to the final disposition of the case, there shall be no branding or labeling of the latter as a young criminal, juvenile delinquent, prostitute, vagrant, or attaching to him in any manner any derogatory name. Likewise, no discriminatory remarks and practices shall be allowed, particularly with respect to the juvenile's social or economic status, physical disability or ethnic origin. 353
1.4.3. After Trial
1.4.3.1. Guiding principles in judging the juvenile 354
Subject to the provisions of the Rev. Penal Code, as amended, and other special laws, the judgment against a juvenile in conflict with the law shall be guided by the following principles:
a. It shall be in proportion to the gravity of the offense, and shall consider the circumstances and the best interests of the juvenile, the rights of the victim, the needs of society in line with the demands of restorative justice. DHIcET
b. Restrictions on the personal liberty of the juvenile shall be limited to the minimum. Where discretion is given by law to the judge to determine whether the penalty to be imposed is fine or imprisonment, the imposition of the latter should be preferred as the more appropriate penalty.
c. No corporal punishment shall be imposed.
1.4.3.2. Exemption from criminal liability 355
A minor under nine (9) years of age at the time of the commission of the offense shall be exempt from criminal liability.
A minor nine (9) years and above but under fifteen (15) years of age at the time of the commission of the offense shall be committed to the care of his father or mother, or nearest relative or family friend, in the sound discretion of the Court and subject to its supervision. However, if the prosecution proves that he has acted with discernment, he shall be proceeded against in accordance with Secs. 24 to 28, or 36 to 40 of the Rule on Juveniles in Conflict with the Law, as the case may be, and subjected to a delinquency prevention program as determined by the Court.
1.4.3.3. Promulgation of sentence
If after trial the Family Court should find the juvenile in conflict with the law guilty, it shall impose the proper penalty, including any civil liability which the juvenile may have incurred, and promulgate the sentence in accordance with Sec. 6 of Rule 120 of the Rev. Rules of Criminal Procedure. 356
1.4.3.4. Automatic suspension of sentence and disposition orders 357
The sentence shall be suspended without need of application by the juvenile in conflict with the law. The Court shall set the case for disposition conference within fifteen (15) days from the promulgation of sentence which shall be attended by the social worker of the Family Court, the juvenile, and his parents or guardian ad litem. It shall proceed to issue any or a combination of the following disposition measures best suited to the rehabilitation and welfare of the juvenile:
(a) Care, guidance, and supervisory orders;
(b) Community service orders;
(c) Drug and alcohol treatment;
(d) Participation in group counseling and similar activities;
(e) Commitment to the Youth Rehabilitation Center of the DSWD or other centers for juveniles in conflict with the law authorized by the Secretary of the DSWD.
The Social Services and Counseling Division (SSCD) of the DSWD shall monitor the compliance by the juvenile in conflict with the law with the disposition measure and shall submit regularly to the Family Court a status and progress report on the matter. The Family Court may set a conference for the evaluation of such report in the presence, if practicable, of the juvenile, his parents or guardian, and other persons whose presence may be deemed necessary.
The benefits of suspended sentence shall not apply to a juvenile in conflict with the law who has once enjoyed suspension of sentence, or to one who is convicted of an offense punishable by death, reclusion perpetua or life imprisonment, or when, at the time of promulgation of judgment, the juvenile is already eighteen (18) years of age or over.
1.4.3.5. Discharge of juvenile subject of disposition measure 358
Upon recommendation of the SSCD and a duly authorized representative of the DSWD, the head of an appropriate center or the duly accredited child-caring agency which has custody over the juvenile, the Family Court shall, after due notice to all parties and hearing, dismiss the case against the juvenile who has been issued disposition measures, even before he has reached eighteen (18) years of age, and order a final discharge if it finds that the juvenile has behaved properly and has shown the capability to be a useful member of the community.
If the Family Court, however, finds that the juvenile has not behaved properly, has been incorrigible, has not shown the capability of becoming a useful member of society, has willfully failed to comply with the conditions of his disposition or rehabilitation program, or should his continued stay in the training institution where he has been assigned be not in his best interests, he shall be brought before the court for execution of his judgment.
If the juvenile in conflict with the law has reached the age of eighteen (18) years while in commitment, the Family Court shall determine whether to dismiss the case in accordance with the preceding first paragraph or to execute the judgment of conviction. In the latter case, unless the juvenile has already availed of probation under Presidential Decree No. 603 or other similar laws, he may apply for probation if qualified under the provisions of the Probation Law.
The final release of the juvenile shall not extinguish his civil liability. The parents and other persons exercising parental authority over the juvenile shall be civilly liable for the injuries and damages caused by the acts or omissions of the juvenile living in their company and under their parental authority subject to the appropriate defenses provided by law.
1.4.3.6. Probation as an alternative to imprisonment
After the promulgation of sentence and upon application at any time by the juvenile in conflict with the law within the period to appeal, the Family Court may place the juvenile on probation, if he is qualified under the Probation Law. 359
1.4.3.7. Credit in service of sentence 360
The juvenile in conflict with the law who has undergone preventive imprisonment shall be credited in the service of his sentence consisting of deprivation of liberty, with the full time during which he has undergone preventive imprisonment, if he agrees voluntarily in writing to abide by the same or similar disciplinary rules imposed upon convicted prisoners, except in any of the following cases:
a. When the juvenile is a recidivist or has been convicted previously twice or more times of any crime; or
b. When upon being summoned for execution of sentence, he failed to surrender voluntarily.
If the juvenile does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths (4/5) of the time during which he has undergone preventive imprisonment. CASaEc
Whenever the juvenile has undergone preventive imprisonment for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced and his case is not yet terminated, he shall be released immediately without prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is under review. In case the maximum penalty to which the juvenile may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment.
Any form of physical restraint imposed on the juvenile in conflict with the law, including community service and commitment to a rehabilitation center, shall be considered preventive imprisonment.
1.4.3.8. Confidentiality of proceedings and records 361
All proceedings and records involving juveniles in conflict with the law from initial contact until final disposition of the case by the Family Court shall be considered privileged and confidential. The public may be excluded from the proceedings, and pursuant to the provisions of Sec. 31 of the Rule on Examination of a Child Witness, the records shall not be disclosed directly or indirectly to anyone by any of the parties or the participants in the proceedings for any purpose whatsoever, except to determine if the juvenile may have his sentence suspended under Sec. 25 of the Rule on Juveniles in Conflict with the Law or if he may be granted probation under the Probation Law, or to enforce the civil liability imposed in the criminal action.
The Family Court shall take other measures to protect this confidentiality of proceedings including non-disclosure of records to the media, the maintenance of a separate police blotter for cases involving juveniles in conflict with the law and the adoption of a system of coding to conceal material information, which will lead to the juvenile's identity. Records of juveniles in conflict with the law shall not be used in subsequent proceedings or cases involving the same offender as an adult.
1.4.3.9. Sealing of record 362
The Family Court motu proprio, or on application of a person who has been adjudged a juvenile in conflict with the law, or if still a minor, on motion of his parents or legal guardian, shall, upon notice to the prosecution and after hearing, order the sealing of the records of the case if it finds that two (2) years have elapsed since the final discharge of the juvenile after suspension of sentence or probation, or from the date of the closure order and he has no pending case of an offense or a crime involving moral turpitude.
Upon entry of the order, the case shall be treated as if it never occurred. All index references shall be deleted and in case of inquiry, the Family Court, prosecution, law enforcement officers and other offices and agencies that dealt with the case shall reply that no record exists with respect to the juvenile concerned. Copies of the order shall be sent to these officials and agencies named in the order. Inspection of the sealed records thereafter may be permitted only by order of the Family Court upon petition of the juvenile who is the subject of the records or of other proper parties.
This procedure shall be without prejudice to the rule on destruction of video or audio tapes under Sec. 31 of the Rule on the Examination of a Child Witness.
1.5. Examination of a Child Witness
1.5.1. Applicability of the Rule on Examination of a Child Witness
Unless otherwise provided, the Rule on Examination of a Child Witness shall govern the examination of child witnesses who are victims of crime, accused of a crime, and witnesses to crime. It shall apply in all criminal proceedings and non-criminal proceedings involving child witnesses. 363
A "child witness" is any person who at the time of giving testimony is below the age of eighteen (18) years. In child abuse cases, a child includes one over eighteen (18) years but is found by the court as unable to fully take care of himself or protect himself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition. 364
1.5.2. Guardian ad litem 365
1.5.2.1. The court may appoint a guardian ad litem for a child who is a victim of, accused of, or a witness to a crime to promote the best interests of the child. In making the appointment, the court shall consider the background of the guardian ad litem and his familiarity with the judicial process, social service programs, and child development, giving preference to the parents of the child, if qualified. The guardian ad litem may be a member of the Philippine Bar. A person who is a witness in any proceeding involving the child cannot be appointed as a guardian ad litem.
1.5.2.2. The guardian ad litem:
a. Shall attend all interviews, depositions, hearings, and trial proceedings in which a child participates;
b. Shall make recommendations to the court concerning the welfare of the child;
c. Shall have access to all reports, evaluations, and records necessary to effectively advocate for the child, except privileged communications;
d. Shall marshall and coordinate the delivery of resources and special services to the child;
e. Shall explain, in language understandable to the child, all legal proceedings, including police investigations, in which the child is involved;
f. Shall assist the child and his family in coping with the emotional effects of crime and subsequent criminal or non-criminal proceedings in which the child is involved;
g. May remain with the child while the child waits to testify;
h. May interview witnesses; and
i. May request additional examinations by medical or mental health professionals if there is a compelling need therefor.
1.5.2.3. The guardian ad litem shall be notified of all proceedings but shall not participate in the trial. However, he may file motions pursuant to Secs. 9, 10, 25, 26, 27 and 31 (c) of the Rule on Examination of a Child Witness. If the guardian ad litem is a lawyer, he may object during trial that questions asked of the child are not appropriate to his developmental level.
1.5.2.4. The guardian ad litem may communicate concerns regarding the child to the court through an officer of the court designated for that purpose.
1.5.2.5. The guardian ad litem shall not testify in any proceeding concerning any information, statement, or opinion received from the child in the course of serving as a guardian ad litem, unless the court finds it necessary to promote the best interests of the child. HDIaST
1.5.2.6. The guardian ad litem shall be presumed to have acted in good faith in compliance with his duties described in sub-sec. (b) of Sec. 5 of the Rule on Examination of a Child Witness.
1.5.3. Competency 366
Every child is presumed qualified to be a witness. However, the court shall conduct a competency examination of a child, motu proprio or on motion of a party, when it finds that substantial doubt exists regarding the ability of the child to perceive, remember, communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth in court.
1.5.3.1. Proof of necessity
A party seeking a competency examination must present proof of necessity of competency examination. The age of the child by itself is not a sufficient basis for a competency examination.
1.5.3.2. Burden of proof
To rebut the presumption of competence enjoyed by a child, the burden of proof lies on the party challenging his competence.
1.5.3.3. Persons allowed on competency examination
Only the following are allowed to attend a competency examination:
a. The judge and necessary court personnel;
b. The counsel for the parties;
c. The guardian ad litem;
d. One or more support persons for the child; and
e. The defendant, unless the court determines that competence can be fully evaluated in his absence.
1.5.3.4. Conduct of examination
Examination of a child as to his competence shall be conducted only by the judge. Counsel for the parties, however, can submit questions to the judge that he may, in his discretion, ask the child.
1.5.3.5. Developmentally appropriate questions
The questions asked at the competency examination shall be appropriate to the age and developmental level of the child; shall not be related to the issues at trial; and shall focus on the ability of the child to remember, communicate, distinguish between truth and falsehood, and appreciate the duty to testify truthfully.
1.5.3.6. Continuing duty to assess competence
The court has the duty of continuously assessing the competence of the child throughout his testimony.
1.5.4. Oath or affirmation
Before testifying, a child shall take an oath or affirmation to tell the truth. 367
1.5.5. Examination of a child witness 368
The examination of a child witness presented in a hearing or any proceeding shall be done in open court. Unless the witness is incapacitated to speak, or the question calls for a different mode of answer, the answers of the witness shall be given orally.
The party who represents a child witness or the guardian ad litem of such child witness, may, however, move the court to allow him to testify in the manner provided by the Rule on Examination of a Child Witness.
1.5.6. Interpreter for the child 369
1.5.6.1. When a child does not understand the English or Filipino language or is unable to communicate in said languages due to his developmental level, fear, shyness, disability, or other similar reason, an interpreter whom the child can understand and who understands the child may be appointed by the court, motu proprio or upon motion, to interpret for the child.
1.5.6.2. If a witness or a member of the family of the child is the only person who can serve as an interpreter for the child, he shall not be disqualified and may serve as the interpreter of the child. The interpreter, however, who is also a witness, shall testify ahead of the child.
1.5.6.3. An interpreter shall take an oath or affirmation to make a true and accurate interpretation.
1.5.7. Facilitator to pose questions to child 370
1.5.7.1. The court may, motu proprio or upon motion, appoint a facilitator if it determines that the child is unable to understand or respond to questions asked. The facilitator may be a child psychologist, psychiatrist, social worker, guidance counselor, teacher, religious leader, parent, or relative.
1.5.7.2. If the court appoints a facilitator, the respective counsels for the parties shall pose questions to the child only through the facilitator. The questions shall either be in the words used by counsel or, if the child is not likely to understand the same, in words that are comprehensible to the child and which convey the meaning intended by counsel.
1.5.7.3. The facilitator shall take an oath or affirmation to pose questions to the child according to the meaning intended by counsel.
1.5.8. Support persons 371
1.5.8.1. A child testifying at a judicial proceeding or making a deposition shall have the right to be accompanied by one or two persons of his own choosing to provide him emotional support.
a. Both support persons shall remain within the view of the child during his testimony.
b. One of the support persons may accompany the child to the witness stand, provided the support person does not completely obscure the child from the view of the opposing party, judge, or hearing officer.
c. The court may allow the support person to hold the hand of the child or take other appropriate steps to provide emotional support to the child in the course of the proceedings.
d. The court shall instruct the support person not to prompt, sway, or influence the child during his testimony.
1.5.8.2. If the support person chosen by the child is also a witness, the court may disapprove the choice if it is sufficiently established that the attendance of the support person during the testimony of the child would pose a substantial risk of influencing or affecting the content of the testimony of the child.
1.5.8.3. If the support person who is also a witness is allowed by the court, his testimony shall be presented ahead of the testimony of the child.
1.5.9. Waiting area for child witness
The courts are encouraged to provide a waiting area for children that is separate from waiting areas used by other persons. The waiting area for children should be furnished to make a child comfortable. 372
1.5.10. Courtroom environment 373
To create a more comfortable environment for the child, the court may, in its discretion, direct and supervise the location, movement and deportment of all persons in the courtroom including the parties, their counsel, child, witnesses, support persons, guardian ad litem, facilitator, and court personnel. The child may be allowed to testify from a place other than the witness chair. The witness chair or other place from which the child testifies may be turned to facilitate his testimony but the opposing party and his counsel must have a frontal or profile view of the child during the testimony of the child. The witness chair or other place from which the child testifies may also be rearranged to allow the child to see the opposing party and his counsel, if he chooses to look at them, without turning his body or leaving the witness stand. The judge need not wear his judicial robe. DAEIHT
Nothing in this section or any other provision of law, except official in-court identification provisions, shall be construed to require a child to look at the accused.
Accommodations for the child under this section need not be supported by a finding of trauma to the child.
1.5.11. Testimony during appropriate hours
The court may order that the testimony of the child should be taken during a time of day when the child is well-rested. 374
1.5.12. Recess during testimony
The child may be allowed reasonable periods of relief while undergoing direct, cross, re-direct, and re-cross examinations as often as necessary depending on his developmental level. 375
1.5.13. Testimonial aids
The court shall permit a child to use dolls, anatomically-correct dolls, puppets, drawings, mannequins, or any other appropriate demonstrative device to assist him in his testimony. 376
1.5.14. Emotional security item
While testifying, a child shall be allowed to have an item of his own choosing such as a blanket, toy, or doll. 377
1.5.15. Approaching the witness
The court may prohibit a counsel from approaching a child if it appears that the child is fearful of or intimidated by the counsel. 378
1.5.16. Mode of questioning 379
The court shall exercise control over the questioning of children so as to (1) facilitate the ascertainment of the truth, (2) ensure that questions are stated in a form appropriate to the developmental level of the child, (3) protect children from harassment or undue embarrassment, and (4) avoid waste of time.
The court may allow the child witness to testify in a narrative form.
1.5.17. Leading questions
The court may allow leading questions in all stages of examination of a child if the same will further the interests of justice. 380
1.5.18. Objections to questions
Objections to questions should be couched in a manner so as not to mislead, confuse, frighten, or intimidate the child. 381
1.5.19. Corroboration
Corroboration shall not be required of a testimony of a child. His testimony, if credible by itself, shall be sufficient to support a finding of fact, conclusion, or judgment subject to the standard of proof required in criminal and non-criminal cases. 382
1.5.20. Excluding the public
When a child testifies, the court may order the exclusion from the courtroom of all persons, including members of the press, who do not have a direct interest in the case. Such an order may be made to protect the right to privacy of the child or if the court determines on the record that requiring the child to testify in open court would cause psychological harm to him, hinder the ascertainment of truth, or result in his inability to effectively communicate due to embarrassment, fear, or timidity. In making its order, the court shall consider the developmental level of the child, the nature of the crime, the nature of his testimony regarding the crime, his relationship to the accused and to persons attending the trial, his desires, and the interests of his parents or legal guardian. The court may, motu proprio, exclude the public from the courtroom if the evidence to be produced during trial is of such character as to be offensive to decency or public morals. The court may also, on motion of the accused, exclude the public from trial, except court personnel and the counsel of the parties. 383
1.5.21. Persons prohibited from entering and leaving courtroom
The court may order that persons attending the trial shall not enter or leave the courtroom during the testimony of the child. 384
1.5.22. Live-link television testimony in criminal cases where the child is a victim or a witness 385
1.5.22.1. The prosecutor, counsel or the guardian ad litem may apply for an order that the testimony of the child be taken in a room outside the courtroom and be televised to the courtroom by live-link television.
Before the guardian ad litem applies for an order under this section, he shall consult the prosecutor or counsel and shall defer to the judgment of the prosecutor or counsel regarding the necessity of applying for an order. In case the guardian ad litem is convinced that the decision of the prosecutor or counsel not to apply will cause the child serious emotional trauma, he himself may apply for the order.
The person seeking such an order shall apply at least five (5) days before the trial date, unless the court finds on the record that the need for such an order was not reasonably foreseeable.
1.5.22.2. The court may, motu proprio, hear and determine, with notice to the parties, the need for taking the testimony of the child through live-link television.
1.5.22.3. The judge may question the child in chambers, or in some comfortable place other than the courtroom, in the presence of the support person, guardian ad litem, prosecutor, and counsel for the parties. The questions of the judge shall not be related to the issues at trial but to the feelings of the child about testifying in the courtroom.
1.5.22.4. The judge may exclude any person, including the accused, whose presence or conduct causes fear to the child.
1.5.22.5. The court shall issue an order granting or denying the use of live-link television and stating the reasons therefor. It shall consider the following factors:
a. The age and level of development of the child;
b. His physical and mental health, including any mental or physical disability;
c. Any physical, emotional, or psychological injury experienced by him;
d. The nature of the alleged abuse;
e. Any threats against the child;
f. His relationship with the accused or adverse party;
g. His reaction to any prior encounters with the accused in court or elsewhere;
h. His reaction prior to trial when the topic of testifying was discussed with him by parents or professionals; ISEHTa
i. Specific symptoms of stress exhibited by the child in the days prior to testifying;
j. Testimony of expert or lay witnesses;
k. The custodial situation of the child and the attitude of the members of his family regarding the events about which he will testify; and
l. Other relevant factors, such as court atmosphere and formalities of court procedure.
1.5.22.6. The court may order that the testimony of the child be taken by live-link television if there is a substantial likelihood that the child would suffer trauma from testifying in the presence of the accused, his counsel or the prosecutor as the case may be. The trauma must be of a kind which would impair the completeness or truthfulness of the testimony of the child.
1.5.22.7. If the court orders the taking of testimony by live-link television:
a. The child shall testify in a room separate from the courtroom in the presence of the guardian ad litem; one or both of his support persons; the facilitator and interpreter, if any; a court officer appointed by the court, persons necessary to operate the closed-circuit television equipment; and other persons whose presence are determined by the court to be necessary to the welfare and well-being of the child;
b. The judge, prosecutor, accused and counsel for the parties shall be in the courtroom. The testimony of the child shall be transmitted by live-link television into the courtroom for viewing and hearing by the judge, prosecutor, counsel for the parties, accused, victim, and the public unless excluded.
c. If it is necessary for the child to identify the accused at trial, the court may allow the child to enter the courtroom for the limited purpose of identifying the accused, or the court may allow the child to identify the accused by observing the image of the latter on a television monitor.
d. The court may set other conditions and limitations on the taking of the testimony that it finds just and appropriate, taking into consideration the best interests of the child.
1.5.22.8. The testimony of the child shall be preserved on videotape, digital disc, or other similar devices which shall be made part of the court record and shall be subject to a protective order as provided in Sec. 31 (b) of the Rule on Examination of a Child Witness.
1.5.23. Screens, one-way mirrors, and other devices to shield child from accused 386
1.5.23.1. The prosecutor or the guardian ad litem may apply for an order that the chair of the child or that a screen or other device be placed in the courtroom in such a manner that the child cannot see the accused while testifying. Before the guardian ad litem applies for art order under this section, he shall consult with the prosecutor or counsel subject to the second and third paragraphs of Sec. 25 (a) of the Rule on Examination of a Child Witness. The court shall issue an order stating the reasons and describing the approved courtroom arrangement.
1.5.23.2. If the court grants an application to shield the child from the accused while testifying in the courtroom, the courtroom shall be arranged to enable the accused to view the child.
1.5.24. Video-taped deposition 387
1.5.24.1. The prosecutor, counsel or guardian ad litem may apply for an order that a deposition be taken of the testimony of the child and that it be recorded and preserved on videotape.
Before the guardian ad litem applies for an order under this section, he shall consult with the prosecutor or counsel subject to the second and third paragraphs of Sec. 25 (a) of the Rule on Examination of a Child Witness.
1.5.24.2. If the court finds that the child will not be able to testify in open court at trial, it shall issue an order that the deposition of the child be taken and preserved by videotape.
1.5.24.3. The judge shall preside at the videotaped deposition of a child. Objections to deposition testimony or evidence, or parts thereof, and the grounds for the objection shall be stated and shall be ruled upon at the time of the taking of the deposition. The other persons who may be permitted to be present at the proceeding are:
a. The prosecutor;
b. The defense counsel;
c. The guardian ad litem;
d. The accused, subject to sub-sec. (e) of Sec. 27 of the Rule on Examination of a Child Witness;
e. Other persons whose presence is determined by the court to be necessary to the welfare and well-being of the child;
f. One or both of his support persons, the facilitator and interpreter, if any;
g. The court stenographer; and
h. Persons necessary to operate the videotape equipment.
1.5.24.4. The rights of the accused during trial, especially the right to counsel and to confront and cross-examine the child, shall not be violated during the deposition.
1.5.24.5. If the order of the court is based on evidence that the child is unable to testify in the physical presence of the accused, the court may direct the latter to be excluded from the room in which the deposition is conducted. In case of exclusion of the accused, the court shall order that the testimony of the child be taken by live-link television in accordance with Sec. 25 of the Rule on Examination of a Child Witness. If the accused is excluded from the deposition, it is not necessary that the child be able to view an image of the accused.
1.5.24.6. The videotaped deposition shall be preserved and stenographically recorded. The videotape and the stenographic notes shall be transmitted to the clerk of the court where the case is pending for safekeeping and shall be made a part of the record.
1.5.24.7. The court may set other conditions on the taking of the deposition that it finds just and appropriate, taking into consideration the best interests of the child, the constitutional rights of the accused, and other relevant factors.
1.5.24.8. The videotaped deposition and stenographic notes shall be subject to a protective order as provided in Sec. 31 (b) of the Rule on Examination of a Child Witness. DSHcTC
1.5.24.9. If, at the time of trial, the court finds that the child is unable to testify for a reason stated in Sec. 25 (f) of the Rule on Examination of a Child Witness, or is unavailable for any reason described in Sec. 4 (c), Rule 23 of the Rules of Civil Procedure (1997), the court may admit into evidence the videotaped deposition of the child in lieu of his testimony at the trial. The court shall issue an order stating the reasons therefor.
1.5.24.10. After the original videotaping but before or during trial, any party may file any motion for additional videotaping on the ground of newly discovered evidence. The court may order an additional videotaped deposition to receive the newly discovered evidence.
1.5.25. Protection of privacy and safety 388
1.5.25.1. Confidentiality of records
Any record regarding a child shall be confidential and kept under seal. Except upon written request and order of the court, a record shall only be released to the following:
a. Members of the court staff for administrative use;
b. The prosecuting attorney;
c. Defense counsel;
d. The guardian ad litem;
e. Agents of investigating law enforcement agencies; and
f. Other persons as determined by the court.
1.5.25.2. Protective order
Any videotape or audiotape of a child that is part of the court record shall be under a protective order that provides as follows:
a. Tapes may be viewed only by parties, their counsel, their expert witness, and the guardian ad litem.
b. No tape, or any portion thereof, shall be divulged by any person mentioned in sub-sec. (a) of Sec. 31 of the Rule on Examination of a Child Witness to any other person, except as necessary for the trial.
c. No person shall be granted access to the tape, its transcription or any part thereof unless he signs a written affirmation that he has received and read a copy of the protective order; that he submits to the jurisdiction of the court with respect to the protective order; and that in case of violation thereof, he will be subject to the contempt power of the court.
d. Each of the tape cassettes and transcripts thereof made available to the parties, their counsel, and respective agents shall bear the following cautionary notice:
"This object or document and the contents thereof are subject to a protective order issued by the court in ____case title ___ (case number). They shall not be examined, inspected, read, viewed, or copied by any person, or disclosed to any person, except as provided in the protective order. No additional copies of the tape or any of its portion shall be made, given, sold, or shown to any person without prior court order. Any person violating such protective order is subject to the contempt power of the court and other penalties prescribed by law."
e. No tape shall be given, loaned, sold or shown to any person except as ordered by the court.
f. Within thirty (30) days from receipt, all copies of the tape and any transcripts thereof shall be returned to the clerk of court for safekeeping unless the period is extended by the court on motion of a party.
g. This protective order shall remain in full force and effect until further order of the court.
1.5.25.3. Additional protective orders
The court may, motu proprio or on motion of any party, the child, his parents, legal guardian, or the guardian ad litem, issue additional orders to protect the privacy of the child.
1.5.25.4. Publications of identity contemptuous
Whoever publishes or causes to be published in any format the name, address, telephone member, school, or other identifying information of a child who is or is alleged to be a victim or accused of a crime or a witness thereof, or an immediate family of the child shall be liable to the contempt power of the court.
1.5.25.5. Physical safety of child; exclusion of evidence
A child has a right at any court proceeding not to testify regarding personal identifying information, including his name, address, telephone number, school, and other information that could endanger his physical safety or his family. The court may, however, require the child to testify regarding personal identifying information in the interest of justice.
1.5.25.6. Destruction of videotapes and audiotapes
Any videotape or audiotape of a child produced under the provisions of this Rule or otherwise made part of the court record shall be destroyed after five (5) years have elapsed from the date of entry of judgment.
1.5.25.7. Records of youthful offender (now juvenile in conflict with the law)
Where a youthful offender (juvenile in conflict with the law) has been charged before any city or provincial prosecutor or before any municipal judge and the charges have been ordered dropped, all the records of the case shall be considered as privileged and may not be disclosed directly or indirectly to anyone for any purpose whatsoever.
Where a youthful offender (juvenile in conflict with the law) has been charged and the court acquits him, or dismisses the case or commits him to an institution and subsequently releases him pursuant to Chapter 3 of Pres. Decree No. 603, all the records of his case shall be considered as privileged and may not be disclosed directly or indirectly to anyone except to determine if a defendant may have his sentence suspended under Article 192 of. Pres. Decree No. 603 or if he may be granted probation under the provisions of Pres. Decree No. 968 or to enforce his civil liability, if said liability has been imposed in the criminal action. The youthful offender (juvenile in conflict with the law) concerned shall not be held under any provision of law to be guilty of perjury or of concealment or misrepresentation by reason of his failure to acknowledge the case or recite any fact related thereto in response to any inquiry made to him for any purpose.
"Records" within the meaning of this sub-section shall include those which may be in the files of the National Bureau of Investigation and with any police department or government agency which may have been involved in the case.
1.5.26. Applicability of ordinary rules
The provisions of the Rules of Court on deposition, conditional examination of witnesses, and evidence shall be applied in a suppletory character.
2. NON-ADJUDICATIVE FUNCTIONS
2.1. Office of the Clerk of Court and Single Sala Court
2.1.1. As Personnel Officer
2.1.1.1. Exercises general supervision over all court personnel
There shall be a Clerk of Court for every Court, provided, however, that for every Court having four or more Branches located in the same city or municipality, there shall be an Assistant Clerk of Court, and a Branch Clerk of Court for every branch thereof, who shall be subject to the supervision of the Clerk of Court, without prejudice to other courts having a different personnel complement as may be provided for in separate laws or decrees. 389 aAHDIc
2.1.1.2. Certifies daily time records of all court personnel
a. In line with the Civil Service Rules providing for the keeping of a record of attendance of government officials and employees, each court shall provide itself with a registry book in which to indicate the time of coming and leaving the office of all officials and employees thereat. In addition, each official and employee of each court must be required to accomplish Civil Service Form 48, in which to indicate the time of arrival in and departure from the office. The time appearing in Form 48 should tally with the time recorded in the registry book. The Clerks of Court are directly held responsible for the custody and reliability of the time recorded in the registry book. The daily time records (Form 48) must be duly certified by the Judge or the Clerk of Court before they are sent to the proper authorities. 390
b. Clerks of Court are not required to keep daily time records of their attendance. 391 In lieu thereof, the said officials are required to submit a certification of service within the period as hereinafter provided under pain of having their salaries withheld. 392 Said certification shall be in the following form:
"I HEREBY CERTIFY that I have rendered the services required of me for the period ____________, 20__, to ___________, 20__, in strict observance of the prescribed officer hours (*8:00 A.M. to 12 noon and 1:00 P.M. to 5:00 P.M. from Monday to Friday), except as follows: (Specify dates when service not rendered and why).
_____________________________
______________________
______________________
______________________
Certified Correct:
______________________
The Judges concerned shall certify to the correctness of such certification of service.
c. The time records and certification of service of all court personnel shall be sent to the Leave Section of the Office of the Court Administrator [Supreme Court] in one batch immediately after the end of the month, with the corresponding indorsements of the Clerk of Court or Branch Clerk of Court who is held responsible for the prompt submission of said records of all personnel under their supervision, 393 as well as his own certification of service, as the case may be.
d. Certifications of service and monthly reports shall be sent to the Statistics Section of the Office of the Court Administrator [Supreme Court]. 394
e. Communications regarding leaves of absence, resignations, deaths and retirements of personnel must be sent in quadruplicate to the Office of the Court Administrator [Administrative Office], Supreme Court, and those of the Judges must be sent to the same office but in quintuplicate copies. 395
f. Salary warrants shall not be delivered to the payees concerned if they have been absent for five (5) working days or more during the period covered by such warrants, unless such absence is covered by leave credit with pay. All salary warrants withheld shall be returned immediately to the Office of the Court Administrator [Chief Accountant, Supreme Court], accompanied by a transmittal letter indicating the reason(s) for non-delivery. If the reason is absence(s), the inclusive dates thereof shall be indicated in the letter. Likewise, salary warrants of retired or resigned employees for the last salary period of actual services rendered shall not be released to them until they are cleared by the Office of the Court Administrator [Supreme Court] of their property and money accountabilities. No salary warrants shall be released by the Office of the Court Administrator [Supreme Court] to court personnel who go to Manila to get their salaries unless they are on leave with pay or on official business, as shown by written authority from the corresponding Judges or Clerks of Court, and with the prior approval thereof by the Office of the Court Administrator [Supreme Court]. All questions related to the release of salary warrants by the Clerks of Court which cannot be resolved by them shall be referred to the Office of the Court Administrator [Supreme Court] for disposition. 396
2.1.1.3. Acts on applications for leave
The Clerk of Court acts on applications for leave of court employees in the absence of the Presiding Judge or Executive Judge. 397
2.1.1.4. Evaluates performance ratings
The Clerk of Court evaluates performance ratings of the personnel of his office and reviews ratings of personnel of the branches. 398
2.1.1.5. Initiates investigations
The Clerk of Court initiates investigations of erring personnel and recommends appropriate action to the Executive Judge.
2.1.1.6. Enforces regulations
The Clerk of Court enforces regulations on wearing of uniforms by court employees. 399
2.1.1.7. Recommends applicants to vacancies in his/her office
The Clerk of Court, being the administrative officer of the Office of the Clerk of Court, may recommend to the Executive Judge applicants to any vacancy in the office.
2.1.2. As Cashier and Disbursement Officer
2.1.2.1. Duties
a. Collects and receives, by himself or thru a duly appointed cashier, all monies in payment of all legal fees; CcSEIH
b. Receives, by himself or thru a duly appointed cashier, deposits, fines and dues;
c. Prepares budget proposal and vouchers for funds appropriated by the local government subject to the conditions prescribed by the grant, as well as the existing accounting and auditing requirements; and
d. Disburses funds allocated by the Supreme Court upon direction and approval of the Executive Judge.
2.1.2.2. Procedural Guidelines
a. Judiciary Development Fund 400
a.1. The Clerks of Court, Officers-in-Charge of the Office of the Clerk of Court, or their accountable duly authorized representatives designated by them in writing, who must be accountable officers, shall receive the Judiciary Development Fund collections, issue the proper receipt therefor, maintain a separate cash book properly marked CASH BOOK FOR JUDICIARY DEVELOPMENT FUND, deposit such collections in the manner herein prescribed, and render the proper Monthly Report of Collections and Deposits for said Fund.
a.2. A separate set of official receipts shall be used for the collections for the Fund. The official receipt issued for the Fund shall invariably indicate the prefix initial of the name of the Fund, "JDF", followed immediately by the description of the kind and nature of the collection. Official receipts for the Fund shall be provided by the Supreme Court.
a.3. Deposit of the fund
The daily collections for the Fund shall be deposited everyday with the nearest branch of the Land Bank of the Philippines for the account of the Judiciary Development Fund, Supreme Court, Manila — SAVINGS ACCOUNT NO. 0591-0116-34 or if depositing daily is not possible, deposits for the Fund shall be at the end of every month, provided, however, that whenever collections for the Fund reach P500.00, the same shall be deposited immediately even before the period above-indicated.
All collections not deposited with the bank during the day shall be kept in the vault or safe and filing cabinet provided by the Court.
In the absence of a LBP branch, Postal Money Orders (PMOs) payable to the Chief Accountant, SC (OCA) can be purchased from the Local Post Office and sent to the latter for deposit to the JDF Savings Account.
In cases of remittances through PMOs, Clerks of Courts/Accountable Officers are directed to check the entries on the PMO as to (a) date (staled PMOs should not be remitted); (b) amount in words and figures; and (c) signature of the Postmaster, to avoid inconvenience.
Likewise, the amount of Postal Money Order should always total collections for each type of fund and the name of the payee is to be addressed to: 401
The Chief Accountant
a.4. Collections shall not be used for encashment of personal checks, salary checks, etc. Only Cash, Cashier's Check and Manager's Check are acceptable as payments.
a.5. Cash book for the Judiciary Development Fund can be requisitioned from the Property Division, Office of the Court Administrator.
a.6. Rendition of monthly report
Monthly Report of Collections and Deposits shall be regularly prepared for the Judiciary Development Fund which shall be submitted to the Chief Accountant, FMO, OCA, copy furnished the FMBO, Supreme Court, the Fiscal Monitoring Division within ten (10) days after the end of every month. Duplicate copies of the official receipts issued during such month covered and validated copy of the deposit slips, should likewise be submitted. Deposit slips that are not machine validated shall not be considered as deposits.
The aggregate total of the deposit slips for any particular month should always be equal to, and tally with, the total collections for that month as reflected in the Monthly Report of Collections and Deposits, and Cash Book.
If no collection is made during the month, notice to that effect should be submitted to the Chief Accountant — OCA by way of a formal letter within ten (10) days after the end of every month. 402
a.7. Reimbursement of expenses
All ordinary and reasonable expenses incurred for the remittance of collections and transmittal of reports for the Judiciary Development Fund shall be reimbursed by the Supreme Court, OCA upon submission of the duly accomplished voucher, together with the necessary receipts and other supporting papers required in audit, direct to the Chief of Finance Division, FMO (OCA).
In no case shall expenses incurred for the Judiciary Development Fund be deducted from the collections which shall be remitted in full.
All reports and correspondence relative to collections and deposits of Judiciary Development Fund shall be addressed to:
The Chief Accountant — (OCA)
The FMO (OCA) shall in turn submit a report thereon to the Chief Justice.
a.8. Account examination for internal control
To safeguard and control the Fund, examination of the records of the Clerks of Court, Officer-in-Charge or Accountable Officers shall be conducted by the staff and personnel of the Supreme Court, OCA whenever circumstances warrant. SHIETa
b. General Fund (GF) 403
b.1. The Clerk of Court, Officers-in-Charge of the Office of the Clerk of Court, or their accountable duly authorized representatives designated by them in writing, who must be accountable officers, shall receive the General Fund collections, issue the proper receipt therefor, maintain a separate cash book properly marked CASH BOOK FOR CLERK OF COURT's GENERAL FUND AND SHERIFF's GENERAL FUND, deposit such collections in the manner herein prescribed, and render the proper Monthly Report of Collections and Deposits for said Fund.
b.2. Deposit of the fund
The amounts accruing to the Fund shall be deposited for the account of the General Fund, Bureau of Treasury by the Clerks of Court, Officers-in-Charge of the office of the Clerk of Court with the nearest branch of the Land Bank of the Philippines — SAVINGS ACCOUNT NO. 0091-0001-77. In the absence of a LBP branch, Postal Money Orders (PMOs) payable to the Chief Accountant, SC (OCA) can be purchased from the Local Post Office and sent to the Chief Accountant, SC (OCA) for deposit to the Bureau of Treasury.
The aggregate total of the deposit slips for any particular month should always be equal to, and tally with, the total collections for that month as reflected in the Monthly Report of Collections and Deposits, and Cash Book.
b.3. Reimbursement of Expenses for Judiciary Development Fund shall, likewise, be applied to General Fund.
c. Court Fiduciary Funds 404
c.1. Nature of the fund
All collections from bail bonds, rental deposits and other fiduciary collections shall be deposited immediately by the Clerk of Court concerned, upon receipt thereof, with an authorized government depository bank, the Land Bank of the Philippines.
Only one depository bank shall be maintained and said bank must be formally informed by the Executive Judge as to who are the authorized signatories to the withdrawal slips.
In localities where there are no branches of authorized government depository banks or, even if there be a branch but it is impractical, for justifiable reasons, to maintain deposits therein, all fiduciary fund collections shall be deposited by the Clerk of Court with the Provincial, City or Municipal Treasurer. In either case, the Clerk of Court must first seek a favorable recommendation from the Executive Judge.
c.2. Guidelines in making deposits
(1) Deposits shall be made under a savings account. Current account can also be maintained provided that it is on an automatic transfer of current account from savings.
(2) Deposits shall be made in the name of the Court.
(3) The Clerk of Court shall be custodian of the passbook to be issued by the depository bank and shall advise the Executive Judge of the bank's name, branch and savings/current account number.
c.3. Guidelines in making withdrawals
(1) Withdrawal slips shall be signed by the Executive Judge and countersigned by the Clerk of Court.
(2) If maintaining a current account, withdrawals shall be made by checks. Signatories on the checks shall likewise be the Executive Judge and the Clerk of Court.
No withdrawals, except as specifically provided herein, shall be allowed unless there is a lawful order from the Court that has jurisdiction over the subject matter involved.
c.4. Interests earned
Interests earned on these deposits and any forfeited amounts shall accrue to the Judiciary Development Fund. 405 Within two (2) weeks after the end of each quarter, the Clerk of Court shall withdraw such interests and forfeited amounts and shall remit the same to the account of the Judiciary Development Fund.
c.5. Report of the fund
Within two (2) weeks after the end of each quarter, all Clerks of Court are hereby required to submit to the Chief Accountant of the OCA, Supreme Court, a quarterly report indicating the outstanding balance maintained with the depository bank or local treasurer, and the date, nature and amount of all deposits and withdrawals made within such period. ATICcS
d. Victim Compensation Fee
d.1. Nature and amount of fee
A victim compensation fee of five (P5.00) pesos pursuant to Rep. Act No. 7309 shall be assessed and collected for the filing of every complaint or petition initiating an ordinary civil action, special civil action or special proceeding in the trial courts including civil actions impliedly instituted with criminal action under Rule 111, Rev. Rules of Criminal Procedure where a filing fee is likewise collected. All sums collected shall be remitted to the Department of Justice every quarter by the Clerk of Court concerned. 406
d.2. Guidelines 407
(1) The Clerks of Court shall remit every quarter or when the collection reaches FIVE HUNDRED PESOS (P500.00), whichever comes first;
(2) Remittance shall be deposited to the nearest branch of the Land Bank of the Philippines within the province, city or municipality where the Clerk of Court is holding office.
(3) Deposit shall be for the account of the Victim Compensation Fund of the Board of Claims (BOC), Department of Justice under Current Account No. 0592-1022-42;
(4) In places where no Land Bank is doing banking transactions, remittances shall be in the form of money order payable to the Victim Compensation Fund of the Board of Claims (BOC), Department of Justice, Padre Faura, Manila;
(5) The Clerks of Court are required to submit to the Financial and Management Service, Department of Justice, quarterly report of collections and remittances (deposits) of the victim compensation fee.
(6) The Clerks of Court shall requisition the supply of official receipts from the Department of Justice.
e. Legal Research Fee
e.1. Nature and amount of fee
In order to provide for the support of the U.P. Law Center, and the University of the Philippines Law Complex, the additional amount of one per cent (1%) of the filing fee imposed, but in no case lower than twenty (P20.00) pesos, in the case of appellate courts and the additional amount of one per cent (1%) of the filing fee imposed, but in no case lower than ten (P10.00) pesos, in the case of all other courts, including all administrative or special courts, agencies or tribunals exercising quasi-judicial functions, and those enumerated in Letter of Instructions No. 1182, issued on December 16, 1981, shall be collected by their respective Clerks of Court, or equivalent functionary, for each action or special proceeding filed therewith and for which the fees prescribed in the Rules of Court or in any statute or regulation are due and payable. For this purpose, "special proceeding" shall include any petition or application, paper or document seeking official action to establish a status, a right, privilege, or particular fact, or command the performance of a duty. Such additional amounts shall be receipted for as part of a special fund to be known as the "Legal Research Fund", and shall, upon collection, be immediately remitted to the University of the Philippines and deposited in a separate account in any authorized government depository bank in the name of the National Treasurer as Ex-Officio Treasurer of the U.P. 408
e.2. Guidelines
(1) The Clerk of Court shall collect the appropriate legal research fee upon filing of the action.
(2) All collections shall be remitted monthly or when the collection reaches FIVE HUNDRED (P500.00) PESOS, whichever comes first, to the U.P. Law Center, U.P. Diliman, Quezon City, by Postal Money Orders (PMOs) purchased from the Local Post Office.
(3) The Clerk of Court shall requisition the supply of official receipts from the U.P. Law Center.
f. Sheriff's Trust Fund
f.1. Nature and amount of fee
In addition to the fees fixed in Sec. 9 (1) of Rule 141, the party requesting the process of any court, preliminary, incidental, or final, shall pay the sheriff's expenses in serving or executing the process or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards' fees, warehousing and similar charges, in an amount estimated by the sheriff, subject to the approval of the Court. 409
f.2. Guidelines
(1) The implementing sheriff shall estimate the expenses which he will incur in serving or executing the process;
(2) The estimated expenses shall be submitted to the Presiding Judge of the Court where the process originated, or from the Executive Judge, as the case may be;
(3) Upon approval of said estimated expenses, the interested party shall deposit such amount with the Clerk of Court and Ex-officio Sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. 410
(4) Any unspent amount shall be refunded to the party making the deposit. 411
(5) A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriff's expenses shall be taxed as costs against the judgment debtor. 412
2.1.2.3. Accounting of Funds
a. Cashbook
A cashbook must be maintained where daily transactions are recorded. TcDIaA
One cashbook is needed for each of the following funds:
a.1 Clerk of Court General Fund
a.2. Sheriff's General Fund
a.3. Judiciary Development Fund
a.4. Fiduciary Fund
a.5. Sheriff's Trust Fund
a.6. Legal Research Fund
a.7. Victim Compensation Fund
a.8. Land Registration Fee
Cashbooks may be obtained from the Property Division of the Office of the Court Administrator.
All collections are entered daily into their corresponding cashbooks and deposited to the proper bank accounts maintained with the Land Bank of the Philippines, except for Legal Research Fund and Victims Compensation Fund which are remitted to the U.P. Law Center and Department of Justice, respectively.
b. Official Receipts
b.1. Official receipt issued by the Supreme Court shall be used only for collections that will accrue to the National Government. 413 Upon receipt of the booklets, the Clerk of Court must inspect the numerical sequence. Official receipts may be obtained from the Property Division of the Office of the Court Administrator.
b.2. In issuing official receipts, one must consume one (1) booklet at a time and must use a separate booklet for each fund account, i.e. Judiciary Development Fund, Fiduciary Fund, Sheriff Trust Fund, Clerk of Court General Fund, etc. 414 However, it shall not be used for collections of Victim Compensation Fund, Land Registration Fees and Legal Research Fund.
b.3. Official receipts shall be issued in strict numerical sequence. In filling up the receipts, the original copy will have to be written in hard indelible pencil or ballpen and the duplicate and triplicate copies will be carbon reproductions in all respects of whatever may have been written on the original. However, carbon paper must not be over-used to the extent that what is written on the duplicate, much more on the triplicate, cannot be read. The preparation of official receipts may be entrusted to subordinates but the official receipts must be signed by the Clerk of Court/Accountable Officer. 415
Issuance of temporary receipts is prohibited.
b.4. In cases wherein cancellation of official receipts becomes inevitable, the Clerk of Court or the duly authorized representative, must present to the Provincial/City/Municipal Auditor the spoiled and cancelled receipt/s for inspection. Under no circumstances shall destruction of accountable forms be allowed. 416
Original copies of cancelled official receipts are to be attached to their duplicate and triplicate copies in the booklet for audit of COA and the Fiscal Monitoring Division.
b.5. In case of loss of official receipts, the Clerk of Court or the duly authorized representative must immediately report the incident to the Provincial/City/Municipal Auditor and then file an application for relief, if the circumstances warrant. 417
b.6. Official receipts are accountable forms and an accounting of their use is required at the end of the term of the Clerk of Court/Accountable Officer.
Official receipts issued must be properly recorded in their respective books of accounts for accounting and control purposes. Official receipts must be kept in safe custody. The Clerk of Court, as the person directly responsible for all court collections, must take all reasonable steps to minimize the risk of losses, defalcations and other types of irregularities. 418
b.7. Official receipts may be obtained from the Property Division of the Office of the Court Administrator.
2.1.2.4. Sanctions
Strict observance of the rules and regulations on collection and accounting of funds is hereby enjoined. The Clerks of Court or Officers-in-Charge shall exercise close supervision over their respective duly authorized representatives to ensure strict compliance herewith, and shall be held administratively accountable for failure to do so. Failure to comply with any of these rules and regulations shall mean the withholding of the salaries and allowances of those concerned until compliance thereof is duly effected, pursuant to Sec. 122 of Pres. Decree No. 1445 dated June 11, 1978, without prejudice to such further disciplinary action the Court may take against them. 419
2.1.3. As Supply Officer and Property Custodian
2.1.3.1. Approves Requisition and Issue Vouchers (RIVs) and Vouchers against funds appropriated by the local government;
2.1.3.2. Allocates and distributes court properties and supplies;
2.1.3.3. Monitors the utilization and adequacy of court facilities and needed improvements, and makes the corresponding representations to the local government or the Supreme Court;
2.1.3.4. Exercises control and supervision over the possession, custody and safekeeping of court properties and supplies. SCETHa
a. Credit for loss occurring in transit or due to casualty
When a loss of government funds or property occurs while the same is in transit or is caused by fire, theft, or other casualty, the officer accountable therefor shall immediately notify the Commission on Audit, or the provincial auditor, accordingly, as the matter is within the original jurisdiction of the one or the other, and within thirty (30) days or such longer period as the Auditor or provincial auditor may in the particular case allow, shall present his application for relief, with the available evidence in support thereof. An officer who fails to comply with this requirement shall not be relieved of liability or allowed credit for any such loss in the settlement of his accounts.
A provincial auditor shall not allow credit for these losses unless the Commission on Audit shall give him express authority to that effect, to be exercised only if the loss is not in excess of one hundred (P100.00) pesos. When, in any case, the allowance of credit is not within the competency of the provincial auditor, the application and evidence, with the recommendation of the provincial auditor, shall be forwarded to the Commission on Audit for action. 420
b. Expenses for maintenance of courthouses
All expenses incident to the repair, alteration, and custody of the courthouse, or courtroom and court offices, and the costs of all equipment and supplies for a Court, except as otherwise provided, shall be borne by the province, city and municipality concerned. The similar expenses of the Regional and Metropolitan Trial Courts in the City of Manila shall be borne by the City of Manila. 421
2.1.4. Other Non-adjudicative Duties
2.1.4.1. Re: Notaries Public
a. Submits to the Executive Judge official written recommendations for issuance or renewal of notarial commission prior to official action by said Executive Judge; 422
b. Prepares their commission for signing by said Judge;
c. Notifies notaries public of their failure to submit their monthly reports;
d. Issues clearances to notaries public certifying to the fact that they have complied with the provisions of law regarding submission of notarial reports;
e. Installs systematic safekeeping and storage of notarial reports and documents submitted by notaries public;
f. Requisitions notarial books for distribution to notaries public; and
g. Assists the Executive Judge in implementing Adm. Circular No. 11-93, June 30, 1993, directing the latter to monitor closely the activities of notaries public to ensure the integrity and effectiveness of their office, conformably with Canon 2 of the Canons of Professional Responsibility which provides: "A lawyer shall make his legal services available in an efficient and convenient manner compatible with independence, integrity and effectiveness of the profession."
The Executive Judges concerned may impose appropriate administrative sanctions against erring notaries public, including but not limited to the supervision, withdrawal or cancellation of their commission.
2.1.4.2. Re: Documents
a. Appears personally or thru his deputy, in hearings when so required, producing documents subpoenaed; and
b. Accompanies, personally or thru his deputy, documents to NBI or CIS laboratory for examination.
2.1.4.3. Re: Certifications or Clearances
Upon prior application or request, Clerks of Court shall issue and/or furnish to all concerned certifications and/or clearances on real estate, personal and/or other properties involved in court litigations or as to the criminal records of persons subject of the request or application. Barangay officials, however, are exempt from payment of clearance fees. 423
2.1.5. Reports and Reporting to the Supreme Court
2.1.5.1. Financial reports
a. Monthly reports for the Clerk of Court General Fund, Sheriff's General Fund, Fiduciary Fund, Sheriff's Trust Fund and Judiciary Development Fund shall be submitted to the Accounting Division, Office of the Court Administrator not later than the 10th day of the succeeding month as laid down in Circular No. 32-93 dated July 9, 1993.
In cases where remittances are made through Postal Money Order (PMO), the amount of the PMO should always equal the total collections for each type of fund. The payee shall be: 424
The Chief Accountant
If no collection is made during the month, notice to that effect should be submitted to the above address by way of a formal letter within ten (10) days after the end of every month. 425
b. Reports for the Victim Compensation Fund shall be submitted to the Department of Justice.
c. Reports for the Legal Research Fund shall be submitted to the U.P. Law Center.
d. Reports for Land Registration Fees shall be submitted to the Land Registration Authority.
e. Attached to the monthly reports for submission to these various offices are the duplicate copies of used official receipts (blue copy) and validated bank deposit slips/PMO stubs. Additional supporting documents for the Fiduciary Fund report are copies of withdrawal slips, order of the Court and acknowledgment receipt of the party who received the money withdrawn.
f. The Clerk of Court shall maintain file copies of reports and other supporting papers submitted to the Accounting Division for referral and audit purposes since original reports are forwarded to the Commission on Audit after having been recorded in the books of the Accounting Division.
2.1.5.2. Quarterly report of sheriff's foreclosure sales
The implementing sheriff shall submit to the Clerk of Court a quarterly report to include all foreclosure sales he has conducted, dates of the auction sales, descriptions of the properties, sale prices, names of the highest bidders, numbers of the official receipts issued for the fees, and the amounts paid. The Clerk of Court shall certify the report and submit the same to the Financial Management Office, Office of the Court Administrator within fifteen (15) days after the end of each quarter. 426
2.1.5.3. Minutes of raffle in multiple sala courts
All Clerks of Court in multiple sala courts are directed to send copies of the Minutes of Raffle to the Office of the Court Administrator as required by Administrative Circular No. 1 dated January 28, 1988, particularly Item No. 8 (Raffle of Cases) thereof.
2.1.5.4. Statement of assets and liabilities
a. All officers and employees of the government shall each file sworn statements of their financial conditions, assets and liabilities:
a.1. within thirty (30) days after assuming office, and
a.2. within the month of April every year thereafter, as well as
a.3. upon the expiration of the term of office, or within thirty (30) days after resignation or separation from office. 427
b. All those who are required to file the statement of assets, liabilities and networth, especially government officials and employees, 428 must declare truthfully and accurately all the information required to be included therein. 429
c. Clerks of Court are enjoined, one month before the required period, to inform all officials and employees of their respective courts to file their sworn statements of assets and liabilities pursuant to Rep. Act No. 3019, as amended, and to forward the same to the Office of the Court Administrator.
d. The Statement of Assets, Liabilities and Networth and the Disclosure of Business Interests and Financial Connections shall be filed by: AHDaET
"5. All other officials and employees defined in Republic Act No. 3019, as amended, with the Civil Service Commission." 430
2.1.5.5. Performance ratings of personnel
The semi-annual efficiency reports of rating of the personnel in the courts corresponding to the previous six months are required to be submitted regularly to the Supreme Court on or before January 31 and July 31 of every year. 431
2.1.5.6. Report on the condition of the Hall of Justice facilities and premises
As custodian of court properties, the Clerk of Court shall submit a monthly report to the Committee on Halls of Justice on the condition of the Hall of Justice, its equipment and premises. In this connection, he/she may request the Building Engineer/Foreman to conduct a regular inspection of the building, facilities and premises and submit a report to the Office of the Clerk of Court.
2.1.5.7. Inventory of properties
a. All Clerks of Court, Branch Clerks of Court, Officers-in-charge and all accountable officers shall conduct a physical inventory of office equipment, furniture, books and other properties supplied by the Supreme Court as of 31 December of every year. The conduct of inventory must be witnessed by a representative from the nearest Commission on Audit (COA) office. 432
b. The result of such inventory should be entered in the Inventory Report Form, accomplished in triplicate, and must be duly attested by the representative of COA. 433
c. In the preparation of the inventory reports, the condition of each piece of property should be duly indicated in the "Remarks" column. The reports shall be submitted to the Property Division, Supreme Court, Manila on or before January 30, of every succeeding year. 434
d. Similar physical inventory shall be conducted of court issued properties which are no longer of service and to submit a report to the Property Division, Office of the Court Administrator, Supreme Court, Manila. 435
e. In order to provide timely preparation of reports, proper monitoring and administrative control of equipment, supplies, and accountable forms, as well as the disposal and replacement of unserviceable equipment, all Clerks of Court, Branch Clerks of Court, Officers-in-Charge, and all accountable officers are directed to properly accomplish the Inventory Report Form (see pages 587-590) in triplicate and to submit it monthly to the Property Division, Office of the Court Administrator, at least within five days after the end of every month. 436
2.1.6. Guidelines in the Accreditation of Newspapers and Periodicals Seeking to Publish Judicial and Legal Notices and Other Similar Announcements and in the Raffle thereof 437
2.1.6.1. 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.
2.1.6.2. Requirement of accreditation
Only accredited newspapers or periodicals may publish judicial or legal notices.
2.1.6.3. 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.
a. The application shall include complete and accurate information on the following:
a.1. Title of publication;
a.2. Name of the publisher;
a.3. Name of the editor-in-chief;
a.4. Frequency of publication;
a.5. Address, telephone number and fax machine number, if any, of the principal office;
a.6. Total number of copies printed (as of the date of application for accreditation); and
a.7. Month, date and year of first issue.
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.
d. The application for accreditation shall include statements on the following:
d.1. That the applicant is duly registered as a newspaper or periodical;
d.2. That the newspaper or periodical is edited, published and circulated in the province or city where accreditation is sought;
d.3. That the newspaper or periodical has been regularly published for at least one (1) year before the date of the application for accreditation;
d.4. That the newspaper or periodical is not participating in the raffle of legal and judicial notices in other provinces and/or cities; IDaEHS
d.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
d.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.
e. The application for accreditation shall be accompanied by the following:
e.1. Three (3) sample copies of the newspaper's or periodical's printed format for legal and judicial notices following the requisites prescribed by Sec. 4 of Pres. Decree No. 1079, to wit:
(1) Font size — eight (8) points for the text or less, and not more than ten (10) points for the heading;
(2) Column width — more but not less than nine (9) ems; and
(3) Line spacing for text and heading — normal single-space.
e.2. Copy of an issue of the newspaper containing commercial advertisement published in the last twelve (12) months;
e.3. Certified true copy of a contract or insertion order or invoice describing the size and rate of the advertisement; and
e.4. Certified true copy of a newspaper's official receipt showing payment per contracted advertising rate.
2.1.6.4. 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.
2.1.6.5. 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.
2.1.6.6. 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:
a. The applicant is duly registered as a newspaper or periodical;
b. The applicant must have its principal office, 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 it is published for the dissemination of local news and general information (not for a limited interest group); it has a bona fide subscription list of paying subscribers; and it is published at regular intervals (Fortune Motors Phils., Inc. v. Metropolitan Bank and Trust Co., et al., 265 SCRA 72 [1996]).
c. The newspaper or periodical must have been regularly published for at least one
(1) Year before the date of each and every raffle participated in by the accredited publication; and
A newspaper or periodical is regularly published if it comes out with 365 or 52 issues for those issued daily or weekly, respectively.
d. The newspaper or periodical must not merely reproduce news pages of other newspapers or periodicals within the province or city of the Regional Trial Court involved.
2.1.6.7. 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.
2.1.6.8. 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 the guidelines.
2.1.6.9. 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 or Hall of Justice building.
2.1.6.10. 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.
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 this 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.
2.1.6.11. 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 Pres. Decree No. 1079.
2.1.6.12. 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.
2.1.6.13. Rates of publication charges
Newspapers or periodicals whose regular commercial rates are lower than ten (P10) pesos per column inch shall not charge below ten (P10) pesos 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 (P10) pesos per column inch. Newspapers or periodicals may only charge more than ten (P10) 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.
2.1.6.14. Determination of rates of publication charges
The Executive Judge shall determine the allowable rates as mentioned in the preceding paragraph, using as basis the contracts and proofs of payment submitted by the publishers.
2.1.6.15. 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.
2.1.6.16. 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 or periodical no longer complies with the requirements for an accredited newspaper or periodical as prescribed herein or has violated any of the provisions of Pres. Decree No. 1079.
2.1.6.17. 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.
2.2. Branch Clerk of Court (including Single Sala Courts)
2.2.1. As Personnel Officer
The Branch Clerk of Court shall have the same duties of Clerk of Court in 2.1.1.
2.2.2. As Supply Officer and Property Custodian
The Branch Clerk of Court shall have the same duties of Clerk of Court in 2.1.3.
2.2.3. As Custodian of Exhibits
All exhibits used as evidence and turned over to the Court and before the case/s involving such evidence shall have been terminated shall be under the custody and safekeeping of the Clerk of Court. 438
2.2.4. Reports and Reporting
2.2.4.1. Reports to the Supreme Court
a. Monthly report of cases
a.1. Rules 439
(1) The revised SC Form No. 1 shall be the official form for the use by the lower courts in the submission of their monthly statistical reports of cases.
(2) At the end of each month and with the assistance of the clerks in charge of criminal, civil and other cases, the revised SC Form No. 1 must be accomplished in triplicate and certified under oath as true and correct by the Clerk of Court, Branch Clerk of Court or Officer-in-Charge. The Presiding Judge must also certify to the correctness of the report and indicate in the space provided for whether he is the regular judge or acting/pairing judge.
(3) The duplicate of the report should be kept on file by the concerned court and the triplicate is to be submitted to the Executive Judge for his appraisal and compilation. The original copy of the report, together with the lists of cases filed, raffled, disposed of, archived, transferred or reraffled, or those with suspended proceedings per Administrative Circular No. 1-2001 dated 2 January 2001, must be filed with, or sent by registered mail to, the Supreme Court on or before the tenth (10th) calendar day of the succeeding month, addressed to:
The Chief
(4) Failure to submit the revised SC Form No. 1 as required in the preceding paragraph shall warrant the withholding of salaries of those concerned without prejudice to whatever administrative sanction the Supreme Court may impose on them. Mere submission of proof of mailing does not relieve those concerned of their obligation to comply herewith.
(5) In case of loss of the revised SC Form No. 1 while in transit, the court concerned must, upon notice by the Statistical Reports Division, CMO, of non-receipt thereof, send immediately to the said division a certified copy of the lost or missing report, including its annexes.
(6) Submission of the revised SC Form No. 1 is a requirement separate and distinct from other reports required by the Supreme Court.
a.2. Guidelines and instructions 440
(1) Mark "X" the box which is applicable to the court accomplishing the report.
(2) Indicate the particular branch, station or province and the month and year.
(3) Fill in Columns 1 to 9 of Item I (Number of Pending Cases at the Beginning of the Month) based on the number of pending cases at the end of each of the month immediately preceding the month being prepared.
Note No. 1: In computing the GRAND TOTAL of cases under Column 9, add only the number of cases under Columns 1, 2, 3, 4, 5, 6, 7 and 8. EXCLUDE from the said computation the following: (a) cases under Columns 1-2-A, 1-2-B, 1-2-C, 1-2-D, 1-2-E, 1-2-F and 1-2-G, since they form part of the number of criminal cases under Columns 1 and 2; (b) cases under Column 3-A being part of the total number of ordinary civil cases under Column 3; and (c) the cases under Columns 5-A and 5-B, as they are part of the total number of special proceedings under Column 5.
(4) CASE INFLOW refers to the movement of cases added to the pending cases at the beginning of the month which are classified as new cases filed or raffled; revived or reopened cases; or cases received from other salas or branches due to inhibition by judges or change of venue.
Note No. 2: Before filling in Item No. II-A (Number of New Cases Filed or Raffled), the specific branch or sala should indicate under the appropriate Columns of Item No. II-A-1 which of the new cases are within its original jurisdiction. The RTC as an appellate court should indicate under the proper Columns of Item No. II-A-2 which of the new cases filed or raffled are appealed from 1st level courts. The municipal judge as investigating officer must indicate under the relevant Columns of Item No. II-A-3 which of the new criminal cases filed or raffled are for preliminary investigation.
(a) The number of cases to be filled in Item No. II-A (Number of New Cases Filed to Raffled) under Columns 1 to 8 are the respective sum totals of the cases falling within the court's original jurisdiction as indicated in Item II-A-1 plus the appealed cases as shown in Item No. II-A-2 (if an appellate court) and the criminal complaints for preliminary investigation appearing in Item No. II-A-3 (for some municipal judges only).
(b) Fill in Columns 1 to 8 of Items II-B (Number of Cases Revived or Reopened) and Item No. II-C (Number of Cases Received from the Other Salas or Branches), then indicate the respective subtotals thereof under Column 9. Cases subject of Item No. II-B are those cases which have been decided or resolved but reopened for re-trial and those cases retrieved from the archives due to the apprehension of the accused or the filing of the Answer by defendant. Cases subject of Item No. II-C are those cases transferred from co-equal courts due to the inhibition of judges or change of venue. The guidelines set forth in Note No. 1 should be observed.
(5) CASE OUTFLOW refers to the movement of cases deducted from the total number of cases in Item No. 1 (Number of Pending Cases at the Beginning of the Month) and Item No. II (Total Number of Cases Added) which are classified as cases decided or resolved, dismissed, or with judgment rendered on the pleadings, and the like; cases archived; and cases transferred to other salas or branches due to the inhibition of the presiding judge or change of venue.
Cases with suspended proceedings are not included in the outflow of cases.
Note No. 3: Before filling Item No. III-A, the following should be indicated under the respective Columns:
Item No. III-A-1: the number of cases that were decided or resolved after trial on the merits;
Item No. III-A-2: the cases that were resolved or dismissed through compromise agreement of the parties, plea of guilty by the accused, summary judgment, judgment on the pleadings, dismissal for lack of interest or failure to prosecute the case, and the like.
Item No. III-A-3: the number of criminal complaints resolved after conducting a preliminary investigation.
(a) The number of cases to be filled in Item No. III-A (Number of Cases Decided or Resolved) under Columns 1 to 8 are the respective sum totals of the cases decided or resolved after trial on the merits as indicated in Item No. III-A-1 plus the cases resolved or dismissed through other dispositions such as compromise agreement of parties and judgment on the pleadings appearing in Item No. III-A-2, and the number of criminal complaints resolved or dismissed after conducting the preliminary investigation as shown in Item No. III-A-3 (for some municipal judges). For example: the figure to be entered under Column 1 of Item No. III-A is the sum total of the cases of Item Nos. III-A-2 and III-A-3, same Column. Observing the guidelines set forth in Note No. 1, indicate the subtotal of the number of decided or resolved cases under Column 9.
(b) Fill in Columns 1 to 8 of Item No. III-B (Number of Cases Archived) and Item No. III-C (Number of Cases Transferred to Other Salas or Branches), and then indicate the respective subtotals thereof under Column 9. The number of cases to be filled in the said columns are the corresponding sums of archived cases and cases transferred to other salas or branches due to inhibition or change of venue. The guidelines set forth in Note No. 1 should be followed.
(c) Fill in Columns 1 to 8 of Item No. III (Total Number of Cases Deducted) by summing up all the cases under the respective columns of Item Nos. III-A, III-B and III-C, and then indicate the GRAND TOTAL thereof under Column 9. For example: the figure to be entered under Column I of Item III is the sum total of the cases of Item Nos. III-A, III-B and III-C, same Column. The guidelines set forth in Note No. 1 should be observed.
(6) In obtaining the number of cases under Columns 1 to 8 of Item No. IV (Number of Cases Pending at the End of the Month), subtract the cases under the Columns of Item No. III from the sum of the cases under the corresponding Columns of Item No. I and Item No. II. Following the guidelines indicated in Note No. 1, indicate the GRAND TOTAL thereof under Column 9.
N.B.: To check the correctness of the GRAND TOTAL of pending cases at the end of the month appearing in Item No. IV under Column 9, ADD the number of cases under the same Column of Item No. I to the number of cases in Item No. II. SUBTRACT the number of cases under Column 9 of Item No. III from the sum of the cases in Item No. I and Item No. II. The difference must be the same as the number of cases appearing under Column 9 of Item No. IV.
(7) Fill in Item No. V (Number of Cases with Proceedings Suspended) if at the end of the month there are cases wherein the proceedings were suspended due to petition for review on certiorari, petition for reinvestigation, prejudicial question, mental examination or rehabilitation of an accused, and the like. Include all cases which were suspended prior to the month being reported, but these cases should not be deducted from the total cases pending at the end of the month.
(8) In filling up Item No. VI (List of Cases Submitted for Decision But Not Yet Decided at the End of the Month) where all the data needed must be indicated, include all cases with unresolved motions which may determine the disposition of the cases, e.g., Motion to Dismiss on Demurrer to Evidence. Patent non-indication of undecided cases or unresolved motions is tantamount to falsification of official document.
(9) AGING OF PENDING CASES (Item No. XI) refers to the period the case has been pending from the time of its filing or raffling up to the end of the month being reported. The total pending cases should tally with the GRAND TOTAL of cases indicated in Item No. IV under Column 9.
(10) Item Nos. VII, VIII, IX, X, XII, XIII and XIV are self-explanatory.
(11) The revised SC Form No. 1 must be subscribed and sworn to by the Clerk of Court, Branch Clerk of Court or Officer-in-Charge, as the case may be, before the Executive Judge or Vice-Executive Judge, or, in case of unavailability of both, before the Presiding Judge of the station nearest to his/her court. The Presiding Judge or Acting Presiding Judge shall certify the same as correct.
b. Semestral inventory of cases
b.1. Rules
(1) All Presiding Judges of trial courts must, upon assumption of office, and every semester thereafter on June 30th and December 31st of every year conduct a physical inventory of their dockets for the purpose of determining the actual number of cases pending in their salas. 441
(2) An inventory shall be prepared to indicate the cases pending trial, the cases submitted for decision and the cases that have been archived. 442
(3) The Presiding Judge and the Clerk of Court shall initial the Records or Rollos of each case to indicate the date of actual inventory. The inventory shall include a list of cases submitted for decision, indicating the title and the case number and the date of filing of said case. An updated inventory is to be submitted to the Supreme Court every six (6) months thereafter. 443
b.2. Guidelines and instructions 444
(1) Every Trial Judge and his/her Clerk of Court/Branch Clerk of Court shall submit not later than the last week of February and the last week of August of each year a tabulation of all pending cases which shall indicate on a horizontal column the following data:
(a) Case Number
(b) Case Title
(c) Nature of case
(d) Date Filed/Raffled
(e) Date of Pre-trial (in civil cases) or Arraignment (in criminal cases)
(f) Date of initial hearing
(g) Last Trial or Court Action Taken and Date thereof
(h) Date Submitted for Decision
(2) The docket inventory shall end with a joint certification by the Trial Judge and his/her Clerk of Court or Branch Clerk of Court that they have personally undertaken an inventory of the pending cases in his/her Court; that they have examined each case record and initialed the last page thereof. The actual inclusive dates when the inventory was conducted shall be indicated in the said certification.
(3) Please refer to the Tabulation and Joint Certification Form reproduced herein.
(4) Penalties
Willful non-compliance with the circular shall constitute serious misconduct and shall warrant imposition of the appropriate penalties. The Office of the Court Administrator shall report to the Supreme Court non-compliance with the circular within 30 days from the expiration of the period for compliance.
b.3. Trial Judges are authorized to devote one week of each semester to conduct semestral inventory and trials need not be scheduled on the said period. 445
c. List of cases filed/raffled, disposed, archived, transferred/re-raffled and with suspended proceedings 446
All Clerks of Court and Branch Clerks of Court are hereby enjoined to submit the following monthly reports effective December 2000:
c.1. List of newly filed or raffled cases, revived or reinstated cases, or cases transferred or re-raffled from other salas.
c.2. List of decided or resolved cases after trial on the merits or by compromise agreement, plea of guilt, and the like; and/or resolved complaints after preliminary investigation (for the first level courts);
c.3. List of archived cases (stating the reason/s for archiving the case);
c.4. List of cases transferred or re-raffled to other salas; and
c.5. List of cases with suspended proceedings (stating the reason/s for such suspension).
The following data shall be indicated in each of the separate listings: case number; title of case; nature of case; date filed, revived or reinstated, or transferred or re-raffled from other salas; and date decided or resolved, archived, transferred or re-raffled to other salas, or when proceedings were suspended.
To facilitate the processing and analysis thereof, the aforesaid lists shall be attached to the corresponding Monthly Reports of Cases (Rev. SC Form No. 1).
d. Inventory of criminal cases and status report of cases involving detention prisoners 447
All trial judges of courts of the first and second levels are enjoined to:
d.1. Conduct an accurate inventory of all criminal cases in their courts indicating therein for each case (a) the crime charged; (b) the possible maximum imprisonment for such crime; (c) the dates the information or complaint was filed; (d) whether the accused is bonded or detained; (e) if accused is detained, the place of detention and the date the detention commenced; (f) the date of the arraignment; and (g) the current status of the case; and
d.2. Direct the wardens of jails or detention centers where the accused in the aforementioned cases are detained to submit status reports thereon indicating (1) whether the accused is serving his sentence or being merely preventively imprisoned, (2) if serving his sentence: the title of the case; the date the judgment was promulgated and the date he started serving his sentence; and (3) if merely under preventive imprisonment: the title of the case, the crime for which he is detained, and the date he was committed for preventive imprisonment.
d.3. Order the release from detention of any accused who is already entitled to such release under the last paragraph of Article 29 of the Rev. Penal Code, or who has already served his sentence, as the case may be, unless the release may not be warranted by reason of any other lawful ground or cause.
e. Performance rating of personnel (SC Circular dated September 20, 1989)
f. Statement of Assets and Liabilities (Adm. Order No. 1 s. 1954, Pres. of the Philippines; Pres. Decree No. 1288, as amended by Rep. Act No. 6713)
Filing of Statement of Assets and Liabilities with the Office of the Clerk of Court is equivalent to filing with the Office of the Court Administrator.
g. Inventory of properties (Adm. Circular No. 10-96 dated September 20, 1996 and Circular No. 37-2002 dated March 15, 2002)
2.2.4.2. Other Reports
a. To Bureau of Fisheries and Aquatic Resources
Clerks of Court should furnish the Bureau of Fisheries and Aquatic Resources with true copies of Informations, Complaints and Decisions in all cases of violation of the Fisheries Act, filed with, tried and decided in their courts. 448
b. To Bureau of Immigration/Department of Foreign Affairs
b.1. Placing number of Alien Certificate of Registration in the Information and Decision in criminal cases affecting aliens
All Judges, Clerks of Court, and Provincial and City Prosecutor should place the number of the Alien Certification of Registration in the Information and Decision in criminal cases whenever aliens are the accused to facilitate possible deportation proceedings against them. Any alien without certificate of registration shall be reported to the Bureau of Immigration through the Department of Justice, giving the alien's name and other personal circumstances. 449
b.2. Pending cases affecting aliens
Clerks of Court are required to furnish the Bureau of Immigration, from time to time, with a list of aliens who have pending criminal or civil complaints in their respective jurisdictions, stating therein the personal circumstances of the aliens concerned and the offenses with which they stand charged.
b.3. Terminated cases affecting aliens
In cases against aliens or subjects of foreign powers which have already been terminated, the Bureau of Immigration should be furnished with the following:
(1) In criminal cases, with a copy of (a) information, (b) decision, (c) commitment order if alien is sentenced to serve a prison term and (d) official receipt showing payment of the fine imposed.
(2) In civil cases, where the alien defendant has failed or refused to comply with the judgment, with a copy of (a) the complaint, (b) answer, (c) decision, (d) writ of execution, and (e) sheriff's return showing that defendant failed to satisfy the judgment.
The Bureau of Immigration should also be furnished with copies of such other pleadings and orders which may help it in determining whether a citizen or subject of a foreign country has become an "undesirable alien" and, therefore, subject to deportation. 450
b.4. Guidelines in the issuance of hold-departure orders 451
(1) Hold-departure orders shall be issued only in criminal cases within the exclusive jurisdiction of the Regional Trial Courts;
(2) The Regional Trial Courts issuing the hold-departure order shall furnish the Department of Foreign Affairs (DFA) and the Bureau of Immigration (BI) of the Department of Justice with a copy each of the hold-departure order issued within twenty-four (24) hours from the time of issuance and through the fastest available means of transmittal;
(3) The hold-departure order shall contain the following information:
(a) The complete name (including the middle name), the date and place of birth and the place of last residence of the person against whom a hold-departure order has been issued or whose departure from the country has been enjoined;
(b) The complete title and the docket number of the case in which the hold-departure order was issued;
(c) The specific nature of the case;
(d) The date of the hold-departure order.
If available, a recent photograph of the person against whom a hold-departure order has been issued or whose departure from the country has been enjoined should also be included.
(4) Whenever (1) the accused has been acquitted; or (2) the case has been dismissed, the judgment of acquittal or the order of dismissal shall include therein the cancellation of the hold-departure order issued. The Courts concerned shall furnish the Department of Foreign Affairs and the Bureau of Immigration with a copy each of the judgment of acquittal promulgated or the order of dismissal issued within twenty-four (24) hours from the time of promulgation/issuance and likewise through the fastest available means of transmittal.
All Regional Trial Courts which have furnished the Department of Foreign Affairs with their respective lists of active hold-departure orders are hereby directed to conduct an inventory of the hold-departure orders included in the said lists and inform the government agencies concerned of the status of the orders involved.
b.5. Information on status of cases wherein hold-departure orders had been issued 452
The Clerks of Court of the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts should furnish information on the hold-departure orders issued by their respective courts prior to Circular No. 39-97 dated June 19, 1997.
Information sent to the Bureau of Immigration should include the complete name (including the middle name) of the person subject of the hold-departure order, the complete title and the docket number of the criminal case in which the said hold-departure order was issued and the status of the said case as of the most recent date. Should there be any order issued by the court lifting the hold-departure order, a copy thereof shall also be furnished the Bureau of Immigration.
Information should be sent to the following:
The Commissioner
b.6. All Judges are hereby directed to furnish the Department of Foreign Affairs with the prepared list of all active and/or unrevoked hold-departure orders and/or decisions within 24 hours from the issuance thereof. 453
c. To Bureau of Corrections
All Clerks of Court of the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts are directed to formally inform the Bureau of Corrections, Department of Justice, of all pending cases and/or appeals made in cases involving prisoners detained at the New Bilibid Prisons and to furnish the Board of Pardons and Parole with certified true copies of the complaint or information, the decisions rendered by the trial court or the appellate court, in case of appeal, together with the order of commitment to prison in all cases of conviction and appeals without bail. In case an appeal is filed after the commitment order has been forwarded to the New Bilibid Prisons, the Director of Corrections should be informed of the fact immediately by the Clerk of Court concerned. The information and the documents should be transmitted to the aforenamed offices within a period of fifteen (15) days from the date of the promulgation of the decision for purposes of completing and updating the results of the prisoners involved in such cases. 454
d. To Department of Trade and Industry
Clerks of Court should furnish the Bureau of Commerce (Department of Trade and Industry) with certified true copies of decisions rendered in their courts involving Republic Act No. 1180 entitled "An Act to Regulate the Retail Business". 455
e. To National Bureau of Investigation
All Clerks of Court of Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts are directed to furnish the National Bureau of Investigation with copies of all decisions in criminal cases rendered by their respective courts, with personal circumstances as complete as possible of the persons involved 456 regardless of whether said decisions are for conviction or for acquittal of the accused, except as otherwise provided by law. 457
f. To Department of Agrarian Reforms
All Clerks of Court of the Regional Trial Courts are directed to furnish notices to the Department of Agrarian Reforms of all pending cadastral or land registration proceedings and those that may be filed in the future in the province or cities where the said settlement projects are located. 458
g. To Dangerous Drugs Board
All Clerks of Court of the Regional Trial Courts are directed to furnish the Dangerous Drugs Board with copies of all complaints involving violations of the Dangerous Drugs Act of 1972, as amended. 459
h. To Philippine Overseas Employment Administration
All Clerks of Court of the Regional Trial Courts are directed to submit to the Philippine Overseas Employment Administration all final orders and decisions in criminal cases involving illegal recruitment, copies of warrants of arrest against illegal recruiters who remain at-large or who jumped bail, and if available, a copy of the file photograph of the accused. 460
i. To Parole and Probation Officers
All Clerks of Court are advised to furnish probation officers having jurisdiction over the accused with copies of final decisions on convicted accused and their applications for probation, if any.
j. To Department of Social Welfare and Development
The Clerks of Court of the Regional Trial Court may, by authority of the Court, furnish the Social Services and Counselling Division of the Department of Social Welfare and Development with a copy of the disposition order involving juveniles in conflict with the law. 461
k. To the Election Officer 462
The Clerks of Court of Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan shall furnish the Election Officer of the city or municipal or municipality concerned at the end of each month, a certified list of persons with their addresses who are disqualified as follows:
"a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence as certified by the clerks of courts of the Municipal/Municipal Circuit/ Metropolitan/Regional Trial Courts and the Sandiganbayan."
2.2.5. Posting of Cases Submitted for Decision 463
All Clerks of Court/Branch Clerks of Court shall cause to be posted at the end of each month the list of cases submitted for decision, at a conspicuous place on the door of the session hall to be available for inspection by representatives of the Supreme Court and interested parties. The list shall carry the case number only, together with the date of submission for decision. The list for the following month shall be updated by the deletion of the cases decided by the Judge, and inclusion of cases submitted for decision since the last posting.
A copy of the list shall be furnished the local chapter of the Integrated Bar of the Philippines of the city or province where the court is located. The Branch Clerk of Court shall certify compliance with the posting requirements.
F. SPECIAL FUNCTIONS OF CLERK OF COURT AS EX-OFFICIO SHERIFF
1. ORIGIN OF OFFICE
The office of the sheriff is an ancient one. Historically, it dates back at least to the time of Alfred, King of England. During those times, the holder thereof was regarded as the chief executive officer and conservator of the peace in his shire or county. He was a county officer representing the executive or administrative power of the state within his county. 464
2. NATURE OF OFFICE
Sheriffs are ministerial officers. They are agents of the law and not agents of the parties, neither of the creditor nor of the purchaser at a sale conducted by him. It follows, therefore, that the sheriff can make no compromise in an execution sale.
In general, a sheriff is the proper officer to execute all writs returnable to the court, unless another is appointed, by special order, for the purpose. It is not his duty to decide on the truth or sufficiency of the processes committed to him for service. 465
3. QUALIFICATION STANDARDS
The qualifications for appointment to the position of sheriff are: 1) completion of two years of college education; 2) career service (sub-professional) first level eligibility; 3) two years of relevant experience; and 4) eight hours of relevant training.
All Clerks of Court of the Regional Trial Courts, Shari'a District Courts, Metropolitan Trial Courts and Municipal Trial Courts in Cities are ex-officio sheriffs within their territorial jurisdiction. Their qualifications are discussed in Sec. C (supra).
4. FUNCTIONS AND DUTIES OF SHERIFF
4.1. Summons
Summons is a process requiring the defendant to answer within the time fixed by the Rules. A copy of the complaint and order for appointment of guardian ad litem, if any, shall be attached to the original and each copy of the summons.
4.1.1. By whom served
The summons may be served by the sheriff, his deputy, or other proper court officer, or for justifiable reasons by any suitable person authorized by the court issuing the summons. 466
4.1.2. Return
When the service has been completed, the server shall, within five (5) days therefrom, serve a copy of the return, personally or by registered mail, to the plaintiff's counsel, and shall return the summons to the Clerk who issued it, accompanied by proof of service. 467
4.1.3. Issuance of alias summons
If a summons is returned without being served on any or all of the defendants, the server shall serve a copy of the return on the plaintiff's counsel, stating the reasons for the failure of service, within five (5) days therefrom. In such a case, or if the summons has been lost, the Clerk, on demand of the plaintiff, may issue an alias summons. 468
4.1.4. Service in person upon defendant
Whenever practicable, the summons shall be served by handing a copy thereof to the defendant in person, or if he refuses to receive and sign for it, by tendering it to him. 469
4.1.5. Substituted service
If, for justifiable causes, the defendant cannot be served within a reasonable time as provided in Sec. 6 of Rule 14, service may be effected (a) by leaving copies of the summons at the defendant's residence with some person of suitable age and discretion then residing therein, or (b) by leaving the copies at defendant's office or regular place of business with some competent person in charge thereof. 470
4.1.6. Service upon entity without juridical personality
When persons associated in an entity without juridical personality are sued under the name by which they are generally or commonly known, service may be effected upon all the defendants by serving upon any one of them, or upon the person in charge of the office or place of business maintained in such name. But such service shall not bind individually any person whose connection with the entity has, upon due notice, been severed before the action was brought. 471
4.1.7. Service upon prisoners
When the defendant is a prisoner confined in a jail or institution, service shall be effected upon him by the officer having the management of such jail or institution who is deemed deputized as a special sheriff for said purpose. 472
4.1.8. Service upon minors and incompetents
When the defendant is a minor, insane or otherwise an incompetent, service shall be made upon him personally and on his legal guardian if he has one, or if none, upon his guardian ad litem whose appointment shall be applied for by the plaintiff. In the case of a minor, service may also be made on his father or mother. 473
4.1.9. Service upon domestic private juridical entity
When the defendant is a corporation, partnership or association organized under the laws of the Philippines with a juridical personality, service may be made on the president, managing partner, general manager, corporate secretary, treasurer, or in-house counsel. 474
4.1.10. Service upon foreign private juridical entity
When the defendant is a foreign private juridical entity which has transacted business in the Philippines, service may be made on its resident agent designated in accordance with law for that purpose, or if there be no such agent, on the government official designated by law to that effect, or on any of its officers or agents within the Philippines. 475
4.1.11. Service upon public corporations
When the defendant is the Republic of the Philippines, service may be effected on the Solicitor General; in case of a province, city or municipality, or like public corporations, service may be effected on its executive head, or on such other officer or officers as the law or the Court may direct. 476
4.1.12. Service upon defendant whose identity or whereabouts are unknown
In any action where the defendant is designated as an unknown owner, or the like, or whenever his whereabouts are unknown and cannot be ascertained by diligent inquiry, service may, by leave of court, be effected upon him by publication in a newspaper of general circulation and in such places and for such time as the Court may order. 477
4.1.13. Extraterritorial service
When the defendant does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff or relates to, or the subject of which is, property within the Philippines, in which the defendant has or claims a lien or interest, actual or contingent, or in which the relief demanded consists, wholly or in part, in excluding the defendant from any interest therein, or the property of the defendant has been attached within the Philippines, service may, by leave of court, be effected out of the Philippines by personal service as under Sec. 6; or by publication in a newspaper of general circulation in such places and for such time as the Court may order, in which case a copy of the summons and order of the Court shall be sent by registered mail to the last known address of the defendant, or in any other manner the Court may deem sufficient. Any order granting such leave shall specify a reasonable time, which shall not be less than sixty (60) days after notice, within which the defendant must answer. 478
4.1.14. Residents temporarily out of the Philippines
When any action is commenced against a defendant who ordinarily resides within the Philippines, but who is temporarily out of it, service may, by leave of court, be also effected out of the Philippines, as under Sec. 15 of Rule 14. 479
4.1.15. Proof of service
The proof of service of a summons shall be made in writing by the server and shall set forth the manner, place, and date of service; shall specify any papers which have been served with the process and the name of the person who received the same; and shall be sworn to when made by a person other than a sheriff or his deputy. 480
4.2. Subpoena
Subpoena is a process directed to a person requiring him to attend and testify at the hearing or the trial of an action, or at any investigation conducted by competent authority, or for the taking of his deposition. It may also require him to bring any books, documents, or other things under his control, in which case it is called a subpoena duces tecum.
4.2.1. Service
Service of a subpoena shall be made in the same manner as personal or substituted service of summons. The original shall be exhibited and a copy thereof delivered to the person on whom it is served, tendering to him the fees for one day's attendance and the kilometrage allowed by the Rules, except that, when a subpoena is issued by or on behalf of the Republic of the Philippines or an officer or agency thereof, the tender need not be made. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. If the subpoena is duces tecum, the reasonable cost of producing the books, documents or things demanded shall also be tendered. 481
4.2.2. Compelling attendance
In case of failure of a witness to attend, the Court or Judge issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the province, or his deputy, to arrest the witness and bring him before the Court or officer where his attendance is required, and the cost of such warrant and seizure of such witness shall be paid by the witness if the Court issuing it shall determine that his failure to answer the subpoena was willful and without just excuse.
4.3. Execution of Judgment or Final Order
4.3.1. Issuance, form and contents of a writ of execution 482
The writ of execution shall: (1) issue in the name of the Republic of the Philippines from the court which granted the motion; (2) state the name of the court, the case number and title, the dispositive part of the subject judgment or order; and (3) require the sheriff or other proper officer to whom it is directed to enforce the writ according to its terms, in the manner hereinafter provided:
4.3.1.1. If the execution be against the property of the judgment obligor, to satisfy the judgment, with interest, out of the real or personal property of such judgment obligor;
4.3.1.2. If it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, tenants, or trustees of the judgment obligor, to satisfy the judgment, with interest, out of such property;
4.3.1.3. If it be for the sale of real or personal property, to sell such property, describing it, and apply the proceeds in conformity with the judgment, the material parts of which shall be recited in the writ of execution;
4.3.1.4. If it be for the delivery of the possession of real or personal property, to deliver the possession of the same, describing it, to the party entitled thereto, and to satisfy any costs, damages, rents, or profits covered by the judgment out of the personal property of the person against whom it was rendered, and if sufficient personal property cannot be found, then out of the real property; and
4.3.1.5. In all cases, the writ of execution shall specifically state the amount of the interest, costs, damages, rents, or profits due as of the date of the issuance of the writ, aside from the principal obligation under the judgment. For this purpose, the motion for execution shall specify the amounts of the foregoing reliefs sought by the movant.
4.3.2. Properties exempt from execution 483
Except as otherwise expressly provided by law, the following property and no other, shall be exempt from execution:
4.3.2.1. The judgment obligor's family home as provided by law, or the homestead in which he resides, and land necessarily used in connection therewith;
4.3.2.2. Ordinary tools and implements personally used by him in his trade, employment or livelihood;
4.3.2.3. Three horses, or three cows, or three carabaos, or other beasts of burden, such as the judgment obligor may select, necessarily used by him in his ordinary occupation;
4.3.2.4. His necessary clothing and articles for ordinary personal use, excluding jewelry;
4.3.2.5. Household furniture and utensils necessary for housekeeping and used for that purpose by the judgment obligor and his family, such as the judgment obligor may select, of a value not exceeding one hundred thousand pesos;
4.3.2.6. Provisions for ordinary or family use sufficient for four months;
4.3.2.7. The professional libraries and equipment of judges, lawyers, physicians, pharmacists, dentists, engineers, surveyors, clergymen, teachers and other professionals not exceeding three hundred thousand pesos in value;
4.3.2.8. One fishing boat and accessories not exceeding the total value of one hundred thousand pesos owned by a fisherman and by the lawful use of which he earns his livelihood;
4.3.2.9. So much of the salaries, wages, or earnings of the judgment obligor for his personal services within four months preceding the levy as are necessary for the support of his family;
4.3.2.10. Lettered gravestones;
4.3.2.11. Monies, benefits, privileges, or annuities accruing or in any manner growing out of any insurance;
4.3.2.12. The right to receive legal support, or money or property obtained as such support, or any pension or gratuity from the Government; and
4.3.2.13. Properties especially exempted by law.
But no article or species of property mentioned above shall be exempt from execution issued upon a judgment recovered for its price or upon a judgment of foreclosure of a mortgage thereon.
4.3.3. Execution of judgments for money 484
4.3.3.1. Immediate payment on demand
The officer shall enforce an execution of judgment for money by demanding from the judgment obligor the immediate payment of the full amount stated in the writ of execution and all lawful fees. The judgment obligor shall pay in cash, certified bank check payable to the judgment obligee, or any other form of payment acceptable to the latter, the amount of the judgment debt under proper receipt directly to the judgment obligee or his authorized representative at the time of payment. The lawful fees shall be handed under proper receipt to the executing sheriff who shall turn over the said amount within the same day to the Clerk of Court that issued the writ.
If the judgment obligee or his authorized representative is not present to receive payment, the judgment obligor shall deliver the aforesaid payment to the executing sheriff. The latter shall turn over all the amounts coming into his possession within the same day to the Clerk of Court of the Court that issued the writ, or if the same is not practicable, deposit said amounts to a fiduciary account in the nearest government depository bank of the Regional Trial Court of the locality.
The Clerk of said Court shall thereafter arrange for the remittance of the deposit to the account of the Court that issued the writ whose Clerk of Court shall then deliver said payment to the judgment obligee in satisfaction of the judgment. The excess, if any, shall be delivered to the judgment obligor while the lawful fees shall be retained by the Clerk of Court for disposition as provided by law. In no case shall the executing sheriff demand that any payment by check be made payable to him.
4.3.3.2 Satisfaction by levy
If the judgment obligor cannot pay all or part of the obligation in cash, certified bank check or other mode of payment acceptable to the judgment obligee, the officer shall levy upon the properties of the judgment obligor of every kind and nature whatsoever which may be disposed of for value and not otherwise exempt from execution giving the latter the option to immediately choose which property or part thereof may be levied upon, sufficient to satisfy the judgment. If the judgment obligor does not exercise the option, the officer shall first levy on the personal properties, if any, and then on the real properties if the personal properties are insufficient to answer for the judgment.
The sheriff shall sell only a sufficient portion of the personal property or real property of the judgment obligor which has been levied upon.
When there is more property of the judgment obligor other than is sufficient to satisfy the judgment and lawful fees, he must sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees.
Real property, stocks, shares, debts, credits and other personal property, or any interest in either real or personal property, may be levied upon in like manner and with like effect as under a writ of attachment.
4.3.3.3. Garnishment of debts and credits 485
The officer may levy on debts due the judgment obligor and other credits, including bank deposits, financial interests, royalties, commissions and other personal property not capable of manual delivery in the possession or control of third parties. Levy shall be made by serving notice upon the person owing such debts or having in his possession or control such credits to which the judgment obligor is entitled. The garnishment shall cover only such amount as will satisfy the judgment and all lawful fees.
The garnishee shall make a written report to the court within five (5) days from service of the notice of garnishment stating whether or not the judgment obligor has sufficient funds or credits to satisfy the amount of the judgment. If not, the report shall state how much funds or credits the garnishee holds for the judgment obligor. The garnished amount in cash or certified bank check issued in the name of the judgment obligee, shall be delivered directly to the judgment obligee within ten (10) working days from service of notice on said garnishee requiring such delivery, except the lawful fees which shall be paid directly to the court.
In the event there are two or more garnishees holding deposits or credits sufficient to satisfy the judgment, the judgment obligor, if available, shall have the right to indicate the garnishee or garnishees who shall be required to deliver the amount due; otherwise, the choice shall be made by the judgment obligee.
The executing sheriff shall observe the same procedure under paragraph (a) of Sec. 9 of Rule 39 with respect to delivery of payment to the judgment obligee.
4.3.4. Execution of judgments for specific act 486
4.3.4.1. Conveyance, delivery of deeds or other specific acts; vesting title
If a judgment directs a party to execute a conveyance of land or personal property, or to deliver deeds or other documents, or to perform any other specific act in connection therewith, and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done shall have like effect as if done by the party. If real or personal property is situated within the Philippines, the court in lieu of directing a conveyance thereof may by an order divest the title of any party and vest it in others, which shall have the force and effect of a conveyance executed in due form of law.
4.3.4.2. Sale of real or personal property
If the judgment be for the sale of real or personal property, to sell such property, describing it, and apply the proceeds in conformity with the judgment.
4.3.4.3. Delivery or restitution of real property
The officer shall demand of the person against whom the judgment for the delivery or restitution of real property is rendered and all persons claiming rights under him to peaceably vacate the property within three (3) working days, and restore possession thereof to the judgment obligee; otherwise, the officer shall oust all such persons therefrom with the assistance, if necessary, of appropriate peace officers, and employing such means as may be reasonably necessary to retake possession, and place the judgment obligee in possession of such property. Any costs, damages, rents or profits awarded by the judgment shall be satisfied in the same manner as a judgment for money.
4.3.4.4. Removal of improvements on property subject of execution
When the property subject of the execution contains improvements constructed or planted by the judgment obligor or his agent, the officer shall not destroy, demolish or remove said improvements, except upon special order of the court issued upon motion of the judgment obligee after due hearing and after the former has failed to remove the same within a reasonable time fixed by the court.
4.3.4.5. Delivery of personal property
In judgments for the delivery of personal property, the officer shall take possession of the same and forthwith deliver it to the party entitled thereto and satisfy any judgment for money as therein provided.
4.3.5. Execution of special judgments 487
When a judgment requires the performance of any act by the judgment obligor himself, a certified copy of the judgment shall be attached to the writ of execution and shall be served by the officer upon the party against the same is rendered, or upon any other person required thereby, or by law, to obey the same, and such party or person may be punished for contempt if he disobeys such judgment.
4.3.6. Return of writ of execution
The writ of execution shall be returnable to the court issuing it immediately after the judgment has been satisfied in part or in full. If the judgment cannot be satisfied in full within thirty (30) days after his receipt of the writ, the officer shall report to the court and state the reason therefor. Such writ shall continue in effect during the period within which the judgment may be enforced by motion. The officer shall make a report to the court every thirty (30) days on the proceedings taken thereon until the judgment is satisfied in full, or its effectivity expires. The returns or periodic reports shall set forth the whole of the proceedings taken, and shall be filed with the court and copies thereof promptly furnished the parties. 488
4.3.7. Notice of sale of property on execution 489
Before the sale of real property on execution, notice thereof must be given as follows:
4.3.7.1. In case of perishable property, by posting written notice of the time and place of the sale in three (3) public places, preferably in conspicuous areas of the municipal or city hall, post office and public market in the municipality or city where the sale is to take place, for such time as may be reasonable, considering the character and condition of the property;
4.3.7.2. In case of other personal property, by posting a similar notice in the three (3) public places above-mentioned for not less than five (5) days;
4.3.7.3. In case of real property, by posting for twenty (20) days in the three public places above-mentioned a similar notice particularly describing the property and stating where the property is to be sold, and if the assessed value of the property exceeds fifty thousand (P50,000.00) pesos, by publishing a copy of the notice once a week for two consecutive weeks in one newspaper selected by raffle, whether in English, Filipino or any other major regional language published, edited and circulated or, in the absence thereof, having general circulation in the province or city;
4.3.7.4. In all cases, written notice of the sale shall be given to the judgment obligor, at least three (3) days before the sale, except as provided in paragraph (a) of Sec. 15 of Rule 39 where notice shall be given at any time before the sale, in the same manner as personal service of pleadings and other papers as provided by Sec. 6 of Rule 13.
The notice shall specify the place, date and exact time of the sale which should not be earlier than nine o'clock in the morning and not later than two o'clock in the afternoon. The place of the sale may be agreed upon by the parties. In the absence of such agreement, the sale of real property or personal property not capable of manual delivery shall be held in the office of the Clerk of Court of the Regional Trial Court or the Municipal Trial Court which issued the writ or which was designated by the appellate court. In the case of personal property capable of manual delivery, the sale shall be held in the place where the property is located.
4.3.8. Proceedings where property claimed by third person 490
If the property levied on is claimed by any person other than the judgment obligor or his agent, and such person makes an affidavit of his title thereto or right to the possession thereof, stating the grounds of such right or title, and serves the same upon the officer making the levy and a copy thereof upon the judgment obligee, the officer shall not be bound to keep the property, unless such judgment obligee, on demand of the officer, files a bond approved by the court to indemnify the third-party claimant in a sum not less than the value of the property levied on. In case of disagreement as to such value, the same shall be determined by the court issuing the writ of execution. No claim for damages for the taking or keeping of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty (120) days from the date of the filing of the bond.
The officer shall not be liable for damages for the taking or keeping of the property, to any third-party claimant if such bond is filed.
When the writ of execution is issued in favor of the Republic of the Philippines, or any officer duly representing it, the filing of such bond shall not be required, and in case the sheriff or levying officer is sued for damages as a result of the levy, he shall be represented by the Solicitor General and if held liable therefor, the actual damages adjudged by the court shall be paid by the National Treasurer out of such funds as may be appropriated for the purpose.
4.3.9. Penalty for selling without notice, or removing or defacing notice 491
An officer selling without the required notice shall be liable to pay punitive damages in the amount of five thousand (P5,000.00) pesos to any person injured thereby, in addition to his actual damages, both to be recovered by motion in the same action; and a person willfully removing or defacing the notice posted, if done before sale, or before the satisfaction of the judgment if it be satisfied before the sale, shall be liable to pay five thousand (P5,000.00) pesos to any person injured by reason thereof, in addition to his actual damages, to be recovered by motion in the same action.
4.3.10. No sale if judgment and costs paid 492
At any time before the sale of property on execution, the judgment obligor may prevent the sale by paying the amount required by the execution and the costs that have been incurred therein.
4.3.11. How property sold on execution; who may direct manner and order of sale
All sales of property under execution must be made at public auction, to the highest bidder, to start at the exact time fixed in the notice. After sufficient property has been sold to satisfy the execution, no more shall be sold and any excess property or proceeds of the sale shall be promptly delivered to the judgment obligor or his authorized representative, unless otherwise directed by the judgment or order of the Court. When the sale is of real property, consisting of several known lots, they must be sold separately; or when a portion of such property is claimed by a third person, he may require it to be sold separately. When the sale is of personal property capable of manual delivery, it must be sold within the view of those attending the same and in such parcels as are likely to bring the highest price. The judgment obligor, if present at the sale, may direct the order in which the property, real or personal, shall be sold, when such property consists of several known lots or parcels which can be sold to advantage separately. Neither the officer conducting the execution sale, nor his deputies, can become a purchaser, nor be interested directly or indirectly in any purchase at such sale. 493
4.3.12. Refusal of purchaser to pay
If a purchaser refuses to pay the amount bid by him for property struck off to him at a sale under execution, the officer may again sell the property to the highest bidder and shall not be responsible for any loss occasioned thereby; but the court may order the refusing purchaser to pay into the court the amount of such loss, with costs, and may punish him for contempt if he disobeys the order. The amount of such payment shall be for the benefit of the person entitled to the proceeds of the execution, unless the execution has been fully satisfied, in which event such proceeds shall be for the benefit of the judgment obligor. The officer may thereafter reject any subsequent bid of such purchaser who refuses to pay. 494
4.3.13. Judgment obligee as purchaser
When the purchaser is the judgment obligee, and no third-party claim has been filed, he need not pay the amount of the bid if it does not exceed the amount of his judgment. If it does, he shall pay only the excess. 495
4.3.14. Adjournment of sale
By written consent of the judgment obligor and obligee, or their duly authorized representatives, the officer may adjourn the sale to any date and time agreed upon by them. Without such agreement, he may adjourn the sale from day to day if it becomes necessary to do so for lack of time to complete the sale on the day fixed in the notice or the day to which it was adjourned. 496
4.3.15. Conveyance to purchaser of personal property capable of manual delivery
When the purchaser of any personal property, capable of manual delivery, pays the purchase price, the officer making the sale must deliver the property to the purchaser and, if desired, execute and deliver to him a certificate of sale. The sale conveys to the purchaser all the rights which the judgment obligor had in such property as of the date of the levy on execution or preliminary attachment. 497
4.3.16. Conveyance to purchaser of personal property not capable of manual delivery
When the purchaser of any personal property, not capable of manual delivery, pays the purchase price, the officer making the sale must execute and deliver to the purchaser a certificate of sale. Such certificate of sale conveys to the purchaser all the rights which the judgment obligor had in such property as of the date of the levy on execution or preliminary attachment. 498
4.3.17. Conveyance of real property; certificate thereof given to purchaser and filed with registry of deeds 499
Upon a sale of real property, the officer must give to the purchaser a certificate of sale containing:
4.3.17.1. A particular description of the real property sold;
4.3.17.2. The price paid for each distinct lot or parcel;
4.3.17.3. The whole price paid by him; and
4.3.17.4. A statement that the right of redemption expires one (1) year from the date of the registration of the certificate of sale.
Such certificate must be registered in the registry of deeds of the place where the property is situated.
4.3.18. Certificate of sale where property claimed by third person
When a property sold by virtue of a writ of execution has been claimed by a third person, the certificate of sale to be issued by the sheriff shall make express mention of the existence of the third-party claim. 500
4.3.19. Who may redeem real property sold 501
Real property sold, or any part thereof sold separately, may be redeemed by the following persons:
4.3.19.1. The judgment obligor, or his successor in interest in the whole or any part of the property;
4.3.19.2. A creditor having a lien by virtue of an attachment, judgment or mortgage on the property sold, or on some part thereof, subsequent to the lien under which the property was sold. Such redeeming creditor is termed a redemptioner.
4.3.20. Time and manner of, and amounts payable on, successive redemptions; notice to be given and filed 502
The judgment obligor, or redemptioner, may redeem the property from the purchaser, at any time within one (1) year from the date of the registration of the certificate of sale, by paying the purchaser the amount of his purchase, with one per centum per month interest thereon in addition, up to the time of redemption, together with the amount of any assessments or taxes which the purchaser may have paid thereon after the purchase, and interest on such last named amount at the same rate; and if the purchaser be also a creditor having prior lien to that of the redemptioner, other than the judgment under which such purchase was made, the amount of such other lien, with interest.
Property so redeemed may again be redeemed within sixty (60) days after the last redemption upon payment of the sum paid on the last redemption, with two per centum thereon in addition, and the amount of any assessments or taxes which the last redemptioner may have paid thereon after redemption by him, with interest on such last-named amount, and in addition, the amount of any liens held by said last redemptioner prior to his own, with interest. The property may be again, and as often as a redemptioner is so disposed, redeemed from any previous redemptioner within sixty (60) days after the last redemption, on paying the sum paid on the last previous redemption, with two per centum thereon in addition, and the amounts of any assessments or taxes which the last previous redemptioner paid after the redemption thereon, with interest thereon, and the amount of any liens held by the last redemptioner prior to his own, with interest.
Written notice of any redemption must be given to the officer who made the sale and a duplicate filed with the registry of deeds of the place, and if any assessments or taxes are paid by the redemptioner or if he has or acquires any lien other than that upon which the redemption was made, notice thereof must in like manner be given to the officer and filed with the registry of deeds; if such notice be not filed, the property may be redeemed without paying such assessments, taxes or liens.
4.3.21. Effect of redemption by judgment obligor, and a certificate of sale to be delivered and recorded thereupon; to whom payments on redemption made
If the judgment obligor redeems, he must make the same payments as are required to effect a redemption by a redemptioner, whereupon, no further redemption shall be allowed and he is restored to his estate. The person to whom the redemption payment is made must execute and deliver to him a certificate of redemption acknowledged before a notary public or other officer authorized to take acknowledgments of conveyances of real property. Such certificate must be filed and recorded in the registry of deeds of the place in which the property is situated, and the registrar of deeds must note the record thereof on the margin of the record of the certificate of sale. The payments may be made to the purchaser or redemptioner, or for him to the officer who made the sale. 503
4.3.22. Proof required of redemptioner
A redemptioner must produce to the officer, or person from whom he seeks to redeem, and serve with his notice to the officer a copy of the judgment or final order under which he claims the right to redeem, certified by the Clerk of the Court wherein the judgment or final order is entered; or if he redeems upon a mortgage or other lien, a memorandum of the record thereof, certified by the registrar of deeds or an original or certified copy of any assignment necessary to establish his claim; and an affidavit executed by him or his agent, showing the amount then actually due on the lien. 504
4.3.23. Deed and possession to be given at expiration of redemption period; by whom executed or given
If no redemption be made within one year from the date of the registration of the certificate of sale, the purchaser is entitled to have conveyance and possession of the property; or if so redeemed whenever-sixty (60) days have elapsed and no other redemption has been made, and notice thereof given, and the time for redemption has expired, the last redemptioner is entitled to the conveyance and possession; but in all cases the judgment obligor shall have the entire period of one (1) year from the date of the registration of the sale to redeem the property. The deed shall be executed by the officer making the sale or by his successor in office, and in the latter case shall have the same validity as though the officer making the sale had continued in office and executed it.
Upon expiration of the right of redemption, the purchaser or redemptioner shall be substituted to and acquire all the rights, title, interest and claim of the judgment obligor to the property as of the time of the levy. The possession of the property shall be given to the purchaser or last redemptioner by the same officer unless a third party is actually holding the property adversely to the judgment obligor. 505
4.3.24. Obligor may pay execution against obligee
After a writ of execution against the property has been issued, a person indebted to the judgment obligor may pay to the sheriff holding the writ of execution the amount of his debt or so much thereof as may be necessary to satisfy the judgment in the manner prescribed in Sec. 9 of Rule 39 and the sheriff's receipt shall be a sufficient discharge for the amount so paid or directed to be credited by the judgment obligee on the execution. 506
4.3.25. Sale of ascertainable interest of judgment obligor in real estate 507
If it appears that the judgment obligor has an interest in real estate in the place in which proceedings are had, as mortgagor or mortgagee or otherwise, and his interest therein can be ascertained without controversy, the receiver may be ordered to sell and convey such real estate or the interest of the obligor therein; and such sale shall be conducted in all respects in the same manner as is provided for the sale of real estate upon execution, and the proceedings thereon shall be approved by the court before the execution of the deed.
4.3.26. Proceedings when indebtedness denied or another person claims the property
If it appears that a person or corporation, alleged to have property of the judgment obligor or to be indebted to him, claims an interest in the property adverse to him or denies the debt, the court may authorize, by an order made to that effect, the judgment obligee to institute an action against such person or corporation for the recovery of such interest or debt, forbid a transfer or other disposition of such interest or debt within one hundred twenty (120) days from notice of the order, and may punish disobedience of such order as for contempt. Such order may be modified or vacated at any time by the court which issued it, or by the court in which the action is brought, upon such terms as may be just. 508
4.3.27. Entry of satisfaction of judgment by Clerk of Court
Satisfaction of a judgment shall be entered by the Clerk of Court in the court docket, and in the execution book, upon the return of a writ of execution showing the full satisfaction of the judgment, or upon the filing of an admission to the satisfaction of the judgment executed and acknowledged in the same manner as a conveyance of real property by the judgment obligee or by his counsel unless a revocation of his authority is filed, or upon the endorsement of such admission by the judgment obligee or his counsel on the face of the record of the judgment. 509
4.3.28. Entry of satisfaction with or without admission
Whenever a judgment is satisfied in fact, or otherwise than upon an execution, on demand of the judgment obligor, the judgment obligee or his counsel must execute and acknowledge, or indorse, an admission of the satisfaction as provided in Sec. 44 of Rule 39, and after notice and upon motion, the court may order either the judgment obligee or his counsel to do so or may order the entry of satisfaction to be made without such admission. 510
5. WRIT OF ATTACHMENT
Attachment is a provisional remedy by which the property of the adverse party is taken into custody of law, either at the commencement of the action or at any time before entry of judgment, as security for the satisfaction of any judgment that the plaintiff or any proper party may recover. 511
5.1. Issuance and contents of order
An order of attachment may be issued either ex parte or upon motion with notice and hearing by the court in which the action is pending, or by the Court of Appeals or the Supreme Court, and must require the sheriff of the court to attach so much of the property in the Philippines of the party against whom it is issued, not exempt from execution, as may be sufficient to satisfy the applicant's demand, unless such party makes deposit or gives a bond as provided in Rule 57 in an amount equal to that fixed in the order, which may be the amount sufficient to satisfy the applicant's demand or the value of the property to be attached as stated by the applicant, exclusive of costs. Several writs may be issued at the same time to the sheriffs of the courts of different judicial regions. 512
5.2. Manner of attaching property 513
The sheriff enforcing the writ shall without delay and with all reasonable diligence attach, to await judgment and execution in the action, only so much of the property in the Philippines of the party against whom the writ is issued, not exempt from execution, as may be sufficient to satisfy the applicant's demand, unless the former makes a deposit with the court from which the writ is issued, or gives a counter-bond executed to the applicant, in an amount equal to the bond fixed by the court in the order of attachment or to the value of the property to be attached, exclusive of costs. No levy on attachment pursuant to the writ issued under Sec. 2 of Rule 57 shall be enforced unless it is preceded, or contemporaneously accompanied, by service of summons, together with a copy of the complaint, the application for attachment, the applicant's affidavit and bond, and the order and writ of attachment, on the defendant within the Philippines.
The requirement of prior or contemporaneous service of summons shall not apply where the summons could not be served personally or by substituted service despite diligent efforts, or the defendant is a resident of the Philippines temporarily absent therefrom, or the defendant is a non-resident of the Philippines, or the action is one in rem or quasi in rem.
5.3. Sheriff's return
After enforcing the writ, the sheriff must likewise without delay make a return thereon to the court from which the writ issued, with a full statement of his proceedings under the writ and a complete inventory of the property attached, together with any counter-bond given by the party against whom attachment is issued, and serve copies thereof on the applicant. 514
5.4. Attachment of real and personal property; recording thereof 515
Real and personal property shall be attached by the sheriff executing the writ in the following manner:
5.4.1. Real property, or growing crops thereon, or any interest therein, standing upon the record of the registry of deeds of the province in the name of the party against whom attachment is issued, or not appearing at all upon such records, or belonging to the party against whom attachment is issued and held by another person, or standing on the records of the registry of deeds in the name of any other person, by filing with the registry of deeds, a copy of the order, together with a description of the property attached, and a notice that it is attached, or that such real property and any interest therein held by or standing in the name of such other person are attached, and by leaving a copy of such order, description, and notice with the occupant of the property, if any, or with such other person or his agent if found within the province. Where the property has been brought under the operation of either the Land Registration Act or the Property Registration Decree, the notice shall contain a reference to the number of the certificate of title, the volume and page in the registration book where the certificate is registered, and the registered owner or owners thereof.
The registrar of deeds must index attachments filed under Sec. 7 of Rule 57 in the names of the applicant, the adverse party, or the person by whom the property is held or in whose name it stands in the records. If the attachment is not claimed on the entire area of the land covered by the certificate of title, a description sufficiently accurate for the identification of the land or interest to be affected shall be included in the registration of such attachment.
5.4.2. Personal property capable of manual delivery, by taking and safely keeping it in his custody, after issuing the corresponding receipt therefor;
5.4.3. Stocks or shares, or an interest in stocks or shares, of any corporation or company, by leaving with the president or managing agent thereof, a copy of the writ, and a notice stating that the stock or interest of the party against whom the attachment is issued is attached in pursuance of such writ;
5.4.4. Debts and credits, including bank deposits, financial interest, royalties, commissions and other personal property not capable of manual delivery, by leaving with the person owing such debts, or having in his possession or under his control, such credits or other personal property, or with his agent, a copy of the writ, and notice that the debts owing by him to party against whom attachment is issued, and the credits and other personal property in his possession, or under his control, belonging to said party, are attached in pursuance of such writ;
5.4.5. The interest of the party against whom attachment is issued in property belonging to the estate of the decedent, whether as heir, legatee, or devisee, by serving the executor or administrator or other personal representative of the decedent with a copy of the writ and notice that said interest is attached. A copy of said writ of attachment and of said notice shall also be filed in the Office of the Clerk of Court in which said estate is being settled and served upon the heir, legatee or devisee concerned.
If the property sought to be attached is in custodia legis, a copy of the writ of attachment shall be filed with the proper court or quasi-judicial agency, and notice of the attachment served upon the custodian of such property.
5.5. Effect of attachment of debts, credits and all other similar personal property
All persons having in their possession or under their control any credits or other similar personal property belonging to the party against whom attachment is issued, or owing any debts to him, at the time of the service upon them of the copy of the writ of attachment and notice of attachment, shall be liable to the applicant for the amount of such credits, debts or other similar personal property, until the attachment is discharged, or any judgment recovered by him is satisfied, unless such property is delivered or transferred, or such debts are paid, to the Clerk, sheriff, or other proper officer of the court issuing the attachment. 516
5.6. Effect of attachment of interest in property belonging to the estate of a decedent
The attachment of the interest of an heir, legatee, or devisee in the property belonging to the estate of a decedent shall not impair the powers of the executor, administrator, or other personal representative of the decedent over such property for the purpose of administration. Such personal representative, however, shall report the attachment to the court when any petition for distribution is filed, and in the order made upon such petition. Distribution may be awarded to such heir, legatee, or devisee, but the property attached shall be ordered delivered to the sheriff making the levy, subject to the claim of such heir, legatee, or devisee, or any person claiming under him. 517
5.7. Examination of party whose property is attached and the persons indebted to him or controlling his property; delivery of property to sheriff
Any person owing debts to the party whose property is attached or having in his possession or under his control any credit or other personal property belonging to such party, may be required to attend before the court in which the action is pending, or before a commissioner appointed by the court, and be examined on oath respecting the same. The party whose property is attached may also be required to attend for the purpose of giving information respecting his property, and may be examined on oath. The court may, after such examination, order personal property capable of manual delivery belonging to him, in the possession of the person so required to attend before the court, to be delivered to the Clerk of the Court or sheriff on such terms as may be just, having reference to any lien thereon or claim against the same, to await the judgment in the action. 518
5.8. When attached property may be sold after levy on attachment and before entry of judgment
Whenever it shall be made to appear to the court in which the action is pending, upon hearing with notice to both parties, that the property attached is perishable, or that the interests of all the parties to the action will be subserved by the sale thereof, the Court may order such property to be sold at public auction in such manner as it may direct, and the proceeds of such sale to be deposited in court to abide the judgment in the action. 519
5.9. Discharge of attachment upon giving counter-bond
After a writ of attachment has been enforced, the party whose property has been attached, or the person appearing on his behalf, may move for the discharge of the attachment wholly or in part on the security given. The court shall, after due notice and hearing, order the discharge of the attachment if the movant makes a cash deposit, or files a counter-bond executed to the attaching party with the Clerk of the Court where the application is made, in an amount equal to that fixed by the court in the order of attachment, exclusive of costs. But if the attachment is sought to be discharged with respect to a particular property, the counter-bond shall be equal to the value of that property as determined by the court. In either case, the cash deposit or the counter-bond shall secure the payment of any judgment that the attaching party may recover in the action. A notice of the deposit shall forthwith be served on the attaching party. Upon the discharge of an attachment in accordance with the provisions of Sec. 12 of Rule 57, the property attached, or the proceeds of any sale thereof, shall be delivered to the party making the deposit or giving the counter-bond, or to the person appearing on his behalf, the deposit or counter-bond aforesaid standing in place of the property so released. Should such counter-bond for any reason be found to be or become insufficient, and the party furnishing the same fail to file an additional counter-bond, the attaching party may apply for a new order of attachment. 520
5.10. Discharge of attachment on other grounds
The party whose property has been ordered attached may file a motion with the court in which the action is pending, before or after levy or even after the release of the attached property, for an order to set aside or discharge the attachment on the ground that the same was improperly or irregularly issued or enforced, or that the bond is insufficient. If the attachment is excessive, the discharge shall be limited to the excess. If the motion be made on affidavits on the part of the movant but not otherwise, the attaching party may oppose the motion by counter-affidavits or other evidence in addition to that on which the attachment was made. After due notice and hearing, the court shall order the setting aside or the corresponding discharge of the attachment if it appears that it was improperly or irregularly issued or enforced, or that the bond is insufficient, or that the attachment is excessive, and the defect is not cured forthwith. 521
5.11. Proceedings where property claimed by third person 522
If the property attached is claimed by any person other than the party against whom attachment had been issued or his agent, and such person makes an affidavit of his title thereto, or right to the possession thereof, stating the grounds of such right or title, and serves such affidavit upon the sheriff while the latter has possession of the attached property, and a copy thereof upon the attaching party, the sheriff shall not be bound to keep the property under attachment, unless the attaching party or his agent, on demand of the sheriff, shall file a bond approved by the court to indemnify the third-party claimant in a sum not less than the value of the property levied upon. In case of disagreement as to such value, the same shall be decided by the court issuing the writ of attachment. No claim for damages for the taking or keeping of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty (120) days from the date of the filing of the bond.
The sheriff shall not be liable for damages for the taking or keeping of such property, to any such third-party claimant, if such bond shall be filed. Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property, or prevent the attaching party from claiming damages against a third-party claimant who filed a frivolous or plainly spurious claim, in the same or a separate action.
When the writ of attachment is issued in favor of the Republic of the Philippines, or any officer duly representing it, the filing of such bond shall not be required, and in case the sheriff is sued for damages as a result of the attachment, he shall be represented by the Solicitor General, and if held liable therefor, the actual damages adjudged by the court shall be paid by the National Treasurer out of the funds to be appropriated for the purpose.
5.12. Satisfaction of judgment out of property attached; return of sheriff 523
If judgment be recovered by the attaching party and execution issue thereon, the sheriff may cause the judgment to be satisfied out of the property attached, if it be sufficient for that purpose in the following manner:
5.12.1. By paying to the judgment obligee the proceeds of all sales of perishable or other property sold in pursuance of the order of the court, or so much as shall be necessary to satisfy the judgment;
5.12.2. If any balance remains due, by selling so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remain in the sheriff's hands, or in those of the Clerk of the Court;
5.12.3. By collecting from all persons having in their possession credits belonging to the judgment obligor, or owing debts to the latter at the time of the attachment of such credits or debts, the amount of such credits and debts as determined by the court in the action, and stated in the judgment, and paying the proceeds of such collection over to the judgment obligee.
The sheriff shall forthwith make a return in writing to the court of his proceedings under Sec. 15 of Rule 57 and furnish the parties with copies thereof.
5.13. Balance due collected upon an execution; excess delivered to judgment obligor
If after realizing upon all the property attached, including the proceeds of any debts or credits collected, and applying the proceeds to the satisfaction of the judgment, less the expenses of proceedings upon the judgment, any balance shall remain due, the sheriff must proceed to collect such balance as upon ordinary execution. Whenever the judgment shall have been paid, the sheriff, upon reasonable demand, must return to the judgment obligor the attached property remaining in his hands, and any proceeds of the sale of the property attached not applied to the judgment. 524
5.14. Disposition of money deposited
Where the party against whom attachment had been issued has deposited money instead of giving counter-bond, it shall be applied under the direction of the court to the satisfaction of any judgment rendered in favor of the attaching party, and after satisfying the judgment, the balance shall be refunded to the depositor or his assignee. If the judgment is in favor of the party against whom attachment was issued, the whole sum deposited must be refunded to him or his assignee. 525
5.15. Disposition of attached property where judgment is for party against whom attachment was issued
If judgment be rendered against the attaching party, all the proceeds of sales and money collected or received by the sheriff, under the order of attachment, and all property attached remaining in any such officer's hands, shall be delivered to the party against whom attachment was issued, and the order of attachment discharged. 526
6. REPLEVIN
Replevin, as a provisional remedy, consists in the delivery of personal property by the adverse party to the applicant, who shall give a bond executed to the adverse party to assure the return of the property to the adverse party if such return be adjudged, and the payment to the adverse party of such sum as may be recovered from the applicant in the action. 527
6.1. Duty of the sheriff
Upon receiving such order, the sheriff must serve a copy thereof on the adverse party, together with a copy of the application, affidavit and bond, and must forthwith take the property, if it be in the possession of the adverse party, or his agent, and retain it in his custody. If the property or any part thereof be concealed in a building or enclosure, the sheriff must demand its delivery, and if it be not delivered, he must cause the building or enclosure to be broken open and take the property into his possession. After the sheriff has taken possession of the property as herein provided, he must keep it in a secure place and shall be responsible for its delivery to the party entitled thereto upon receiving his fees and necessary expenses for taking and keeping the same. 528
6.2. Return of property
If the adverse party objects to the sufficiency of the applicant's bond, or of the surety or sureties thereon, he cannot immediately require the return of the property, but if he does not so object, he may, at any time before the delivery of the property to the applicant, require the return thereof, by filing with the court where the action is pending a bond executed to the applicant, in double the value of the property as stated in the applicant's affidavit for the delivery thereof to the applicant, if such delivery be adjudged, and for the payment of such sum to him as may be recovered against the adverse party, and by serving a copy of such bond on the applicant. 529
6.3. Disposition of property by sheriff
If within five (5) days after the taking of the property by the sheriff, the adverse party does not object to the sufficiency of the bond, or of the surety or sureties thereon; or if the adverse party so objects and the court affirms its approval of the applicant's bond or approves a new bond, or if the adverse party requires the return of the property but his bond is objected to and found insufficient and he does not forthwith file an approved bond, the property shall be delivered to the applicant. If for any reason the property is not delivered to the applicant, the sheriff must return it to the adverse party. 530
6.4. Proceedings where property claimed by third person 531
If the property taken is claimed by any person other than the party against whom the writ of replevin had been issued or his agent, and such person makes an affidavit of his title thereto, or right to the possession thereof, stating the grounds therefor, and serves such affidavit upon the sheriff while the latter has possession of the property and a copy thereof upon the applicant, the sheriff shall not be bound to keep the property under replevin or deliver it to the applicant unless the applicant or his agent, on demand of said sheriff, shall file a bond approved by the court to indemnify the third-party claimant in a sum not less than the value of the property under replevin as provided in Sec. 2 of Rule 60. In case of disagreement as to such value, the court shall determine the same. No claim for damages for the taking or keeping of the property may be enforced against the bond unless the action therefor is filed within one hundred twenty (120) days from the date of the filing of the bond.
The sheriff shall not be liable for damages, for the taking or keeping of such property, to any such third-party claimant if such bond shall be filed. Nothing herein contained shall prevent such claimant or any third person from vindicating his claim to the property, or prevent the applicant from claiming damages against a third-party claimant who filed a frivolous or plainly spurious claim, in the same or a separate action.
When the writ of replevin is issued in favor of the Republic of the Philippines, or any officer duly representing it, the filing of such bond shall not be required, and in case the sheriff is sued for damages as a result of the replevin, he shall be represented by the Solicitor General, and if held liable therefor, the actual damages adjudged by the court shall be paid by the National Treasury out of the funds to be appropriated for the purpose.
6.5. Return of papers
The sheriff must file the order, with his proceedings indorsed thereon, with the Court within ten (10) days after taking the property mentioned therein. 532
7. CERTIORARI, PROHIBITION AND MANDAMUS
7.1. Order to comment
If the petition is sufficient in form and substance to justify such process, the Court shall issue an order requiring the respondent or respondents to comment on the petition within ten (10) days from receipt of a copy thereof. Such order shall be served on the respondents in such manner as the court may direct, together with a copy of the petition and any annexes thereto. 533
7.2. Service and enforcement of order or judgment
A certified copy of the judgment rendered in accordance with Sec. 8 of Rule 65 shall be served upon the court, quasijudicial agency, tribunal, corporation, board, officer or person concerned in such manner as the court may direct, and disobedience thereto shall be punished as contempt. An execution may issue for any damages or costs awarded in accordance with Sec. 1 of Rule 39. 534
8. EXPROPRIATION
8.1. Ascertainment of compensation 535
Upon the rendition of the order of expropriation, the court shall appoint not more than three (3) competent and disinterested persons as commissioners to ascertain and report to the court the just compensation for the property sought to be taken. The order of appointment shall designate the time and place of the first session of the hearing to be held by the commissioners and specify the time within which their report shall be submitted to the court.
Copies of the order shall be served on the parties. Objections to the appointment of any of the commissioners shall be filed with the court within ten (10) days from service, and shall be resolved within thirty (30) days after all the commissioners shall have received copies of the objections.
9. JUDICIAL FORECLOSURE OF REAL ESTATE MORTGAGE
9.1. Judgment on foreclosure for payment or sale
If upon the trial in such action, the court shall find the facts set forth in the complaint to be true, it shall ascertain the amount due to the plaintiff upon the mortgage debt or obligation, including interest and other charges as approved by the court, and costs, and shall render judgment for the sum so found due and order that the same be paid to the court or to the judgment obligee within a period of not less than ninety (90) days nor more than one hundred twenty (120) days from the entry of judgment, and that in default of such payment the property shall be sold at public auction to satisfy the judgment. 536
9.2. Sale of mortgaged property; effect 537
When the defendant, after being directed to do so as provided in Sec. 2 of Rule 68, fails to pay the amount of the judgment within the period specified therein, the court, upon motion, shall order the property to be sold in the manner and under the provisions of Rule 39 and other regulations governing sales of real estate under execution. Such sale shall not affect the rights of persons holding prior encumbrances upon the property or a part thereof, and when confirmed by an order of the court, also upon motion, it shall operate to divest the rights in the property of all the parties to the action and to vest their rights in the purchaser, subject to such rights of redemption as may be allowed by law.
Upon the finality of the order of confirmation or upon the expiration of the period of redemption when allowed by law, the purchaser at the auction sale or last redemptioner, if any, shall be entitled to the possession of the property unless a third party is actually holding the same adversely to the judgment obligor. The said purchaser or last redemptioner may secure a writ of possession, upon motion, from the court which ordered the foreclosure.
9.3. Disposition of proceeds of sale
The amount realized from the foreclosure sale of the mortgaged property shall, after deducting the costs of the sale, be paid to the person foreclosing the mortgage, and when there shall be any balance or residue, after paying off the mortgage debt due, the same shall be paid to the junior encumbrancers in the order of their priority, to be ascertained by the court, or if there be no such encumbrancers or there be a balance or residue after payment to them, then to the mortgagor or his duly authorized agent, or to the person entitled to it. 538
9.4. How sale to proceed in case the debt is not all due
If the debt for which the mortgage or encumbrance was held is not all due as provided in the judgment, as soon as a sufficient portion of the property has been sold to pay the total amount and the costs due, the sale shall terminate; and afterwards, as often as more becomes due for principal or interest and other valid charges, the court may, on motion, order more to be sold. But if the property cannot be sold in portions without prejudice to the parties, the whole shall be ordered to be sold in the first instance, and the entire debt and costs shall be paid, if the proceeds of the sale shall be sufficient therefor, there being a rebate of interest where such rebate is proper. 539
9.5. Deficiency judgment
If upon the sale of any real property as provided in Sec. 5 of Rule 68 there be a balance due to the plaintiff after applying the proceeds of the sale, the court, upon motion, shall render judgment against the defendant for any such balance for which, by the record of the case, he may be personally liable to the plaintiff, upon which the execution may issue immediately if the balance is all due at the time of the rendition of the judgment; otherwise, the plaintiff shall be entitled to execution at such time as the balance remaining becomes due under the terms of the original contract, which time shall be stated in the judgment. 540
9.6. Registration 541
A certified copy of the final order of the court confirming the sale shall be registered in the registry of deeds. If no right of redemption exists, the certificate of title in the name of the mortgagor shall be cancelled, and a new one issued in the name of the purchaser.
Where a right of redemption exists, the certificate of title in the name of the mortgagor shall not be cancelled, but the certificate of sale and the order confirming the sale shall be registered and a brief memorandum thereof made by the registrar of deeds upon the certificate of title. In the event the property is redeemed, the deed of redemption shall be registered with the registry of deeds and a brief memorandum thereof shall be made by the registrar of deed on said certificate of title.
If the property is not redeemed, the final deed of sale executed by the sheriff in favor of the purchaser at the foreclosure sale shall be registered with the registry of deeds; whereupon the certificate of title in the name of the mortgagor shall be cancelled and a new one issued in the name of the purchaser.
10. EXTRA-JUDICIAL FORECLOSURE OF MORTGAGE
10.1. Under Act 3135, as amended
When a sale is made under a special power inserted in or attached to any real estate mortgage hereafter made as security for the payment of money or the fulfillment of any other obligation, the following shall govern as to the manner in which the sale shall be effected whether or not provision for the same is made in the power. 542
10.1.1. The sale shall be made in the province in which the property sold is situated and in case the place within said province in which the sale is to be made is the subject of stipulation, the sale shall be made in said place or in the municipal building of the municipality in which the property or part thereof is situated. 543
10.1.2. Notice shall be given by posting notices of the sale for not less than twenty (20) days in at least three (3) public places of the municipality or city where the property is situated, and if such property is worth more than four hundred (P400.00) pesos, such notice shall be published once a week for at least three (3) consecutive weeks in a newspaper of general circulation in the municipality or city. 544
10.1.3. The sale shall be made at public auction between the hours of nine (9:00) in the morning and four (4:00) in the afternoon and shall be under the direction of the sheriff of the province, the judge of the municipality in which such sale has to be made or of a notary public of said municipality who shall be entitled to collect a fee of five (P5.00) pesos for each day of actual work performed, in addition to his expenses. 545
10.1.4. At any sale, the creditor, trustee or other person authorized to act for the creditor, may participate in the bidding, and purchase under the same conditions as any other bidder, unless the contrary has been expressly provided in the mortgage or trust deed under which the sale is made. 546
10.2. Under the Chattel Mortgage Law 547
10.2.1. Notices are posted for at least ten (10) days in at least two (2) public places in the municipality where the mortgaged property is to be sold, designating the time, place and purpose of the sale;
10.2.2. The mortgagee, his executor, administrator, or assign notifies, at least ten (10) days before the sale, the mortgagor or the person holding under him and other persons holding subsequent mortgages, of the time and place of sale, either by notice in writing directed to him or left at his abode if within the municipality, or sent by mail if he does not reside in such municipality;
10.2.3. The mortgaged property is sold at public auction by a public officer at a public place in the municipality where the mortgagor resides or where the property is situated, as designated in the notice;
10.2.4. Within thirty (30) days after the sale, the officer making the sale makes a return of his doings, the same to be filed and recorded with the office of the register of deeds where the mortgage has been recorded;
10.2.5. The officer's return describing the articles sold and stating the amount received for each article operates as a discharge of the lien created by the mortgage;
10.2.6. The proceeds of the sale will be distributed and applied to the following payments: (a) costs and expenses of keeping and sale; (b) amount of demand or obligation secured by the chattel mortgage; (c) obligations due to persons holding subsequent mortgages in their order; and (d) balance turned over the mortgagor or person holding under him on demand.
10.3. Procedure in Extra-Judicial Foreclosure of Mortgage 548
10.3.1. All applications for extra-judicial foreclosure of mortgage whether under the direction of the sheriff or a notary public, pursuant to Act No. 3135, as amended by Act No. 4118, and Act No. 1508, as amended, shall be filed with the Executive Judge, through the Clerk of Court who is also Ex-Officio Sheriff.
10.3.2. Upon receipt of an application for extra-judicial foreclosure of mortgage, it shall be the duty of the Clerk of Court to:
10.3.2.1. receive and docket said application and to stamp thereon the corresponding file number, date and time of filing;
10.3.2.2. collect the filing of fees thereof (pursuant to Rule 141, Sec. 7 (c), as amended by A.M. No. 00-2-01-SC), and issue the corresponding official receipt;
10.3.2.3. examine, in case of real estate mortgage foreclosure, whether the applicant has complied with all the requirements before the public auction is conducted under the direction of the sheriff or a notary public, pursuant to Sec. 4 of Act 3135, as amended.
10.3.3. The Clerk of Court shall sign and issue the certificate of sale, subject to the approval of the Executive Judge, or in his absence, the Vice Executive Judge. No certificate of sale shall be issued in favor of the highest bidder until all fees provided for in Secs. 7 and 9 of Rule 141, as amended by A.M. 00-2-01-SC, shall have been paid; Provided that in no case shall the amount payable under Rule 141, Section 9 (1), as amended, exceed P100,000.00.
10.3.4. After the certificate of sale has been issued to the highest bidder, the Clerk of Court shall keep the complete records, while awaiting any redemption within a period of one (1) year from the date of registration of the certificate of sale with the Register of Deeds concerned, after which the records shall be archived. Juridical persons whose property is sold pursuant to an extra-judicial foreclosure, shall have the right to redeem the property until, but not after, the registration of the certificate of foreclosure sale which in no case shall be more than three (3) months after foreclosure, whichever is earlier, as provided in Sec. 47 of Rep. Act No. 8791, as amended.
10.3.5. Where the application concerns the extra-judicial foreclosure of mortgages of real estates and/or chattels in different locations covering one indebtedness, only one filing fee corresponding to such indebtedness shall be collected. The collecting Clerk of Court shall, apart from the official receipt of the fees, issue a certificate of payment indicating the amount of indebtedness, the filing fees collected, the mortgages sought to be foreclosed, the real estates and/or chattels mortgaged and their respective locations, which certificate shall serve the purpose of having the application docketed with the Clerks of Court of the places where the other properties are located and of allowing the extrajudicial foreclosures to proceed thereat.
10.3.6. The notices of auction sale in extra-judicial foreclosure for publication by the sheriff or by a notary public shall be published in a newspaper of general circulation pursuant to Sec. 1 of Pres. Decree No. 1079, dated January 2, 1977, and non-compliance therewith shall constitute a violation of Section 6 thereof.
10.3.7. The Executive Judge shall, with the assistance of the Clerk of Court and Ex-Officio Sheriff, raffle applications for extra-judicial foreclosure of mortgage under the direction of the sheriff among all sheriffs, including those assigned to the Office of the Clerk of Court, and Sheriffs IV assigned in the branches.
The Executive Judge shall supervise the raffle with the assistance of the Clerk of Court. A sheriff to whom the case has been raffled shall be excluded in the succeeding raffles and shall participate again only after all other sheriffs shall have been raffled a case each.
10.3.8. The name/s of the bidder/s shall be reported by the sheriff or the notary public who conducted the sale to the Clerk of Court before the issuance of the certificate of sale.
10.3.9. The implementing sheriff shall submit to the Clerk of Court a quarterly report to include all foreclosure sales he has conducted, dates of the auction sales, descriptions of the properties, sale prices, names of the highest bidders, numbers of the official receipts issued for the fees paid, and amounts paid. The Clerk of Court shall certify the report and submit the same to the Financial Management Office, Office of the Court Administrator within fifteen (15) days after the end of each quarter.
11. FORECLOSURE OF MORTGAGE BY RURAL BANKS 549
The foreclosure of mortgages covering loans granted by rural banks and executions of judgment thereon involving real properties levied upon by a sheriff shall be exempt from the publications in newspapers now required by law where the total amount of loan excluding interests due and unpaid, does not exceed one hundred thousand pesos (P100,000.00) or such amount as the Monetary Board may prescribe as may be warranted by prevailing economic conditions.
It shall be sufficient publication in such cases if the notices of foreclosure and execution of judgment are posted in the most conspicuous area of the municipal building, municipal public market, rural bank, barangay hall and barangay public market, if any, where the land mortgaged is situated during the period of sixty (60) days immediately preceding the public auction or execution judgment.
Proof of publication, as required herein, shall be accomplished by an affidavit of the sheriff or officer conducting the foreclosure sale or execution of judgment and shall be attached with the records of the case; Provided: That when a homestead or free patent is foreclosed, the homesteader or free patent holder, as well as his heirs, shall have the right to redeem the same within one (1) year from the date of foreclosure in the case of land not covered by a Torrens title or one (1) year from the date of the registration of the foreclosure in the case of land covered by a Torrens title; Provided, finally: That in any case, borrowers, especially those who are mere tenants, need only to secure their loans with the produce corresponding to their share.
A rural bank shall be allowed to foreclose lands mortgaged to it: Provided, That said lands shall be covered under Rep. Act No. 6657.
12. FORECLOSURE OF MORTGAGE BY THRIFT BANKS 550
The foreclosure of mortgage covering loans granted by thrift banks and executions of judgments thereon involving real properties levied upon by a sheriff shall be exempt from the publication requirements where the total amount of loan, excluding interests due and unpaid, does not exceed one hundred thousand pesos (P100,000.00) or such amount as the Monetary Board may prescribe as may be warranted by prevailing economic conditions by the nature of service of customers served by each category of the thrift bank.
It shall be sufficient publication in such cases if the notices of foreclosure and execution of judgment are posted in the conspicuous area of a thrift bank's premises, municipal building, municipal public market, barangay hall and barangay public market, if there be any, where the land mortgaged is situated, within a period of sixty (60) days immediately preceding the public auction or execution of judgment.
Proof of publication, as required herein, shall be accomplished by an affidavit of the sheriff or officer conducting the foreclosure sale or execution of judgment and shall be attached with the records of the case.
A thrift bank shall be allowed to foreclose lands mortgaged to it: Provided, That said lands shall be covered under Rep. Act No. 6657.
13. MANDATORY FORECLOSURE BY GOVERNMENT FINANCIAL INSTITUTIONS
It shall be mandatory for government financial institutions, after the lapse of sixty (60) days from the issuance of Pres. Decree No. 385, to foreclose collaterals and/or securities for any loan, credit, accommodation, and/or guarantees granted by them whenever the arrearages on such account, including accrued interest and other charges, amount to at least twenty per cent (20%) of the total outstanding obligations, including interest and other charges, as appearing in the books of account and/or related records of the financial institution concerned. This shall be without prejudice to the exercise by the government financial institutions of such rights and/or remedies available to them under their respective contracts with their debtors, including the right to foreclosure on loans, credits, accommodations and/or guarantees on which the arrearages are less than twenty percent (20%). 551
Upon the application for foreclosure of the collateral of delinquent borrowers, whether judicially or extra-judicially, by any government financial institution, the court and/or officials concerned shall immediately act and give priority to the same and schedule the publication thereof within five (5) days from receipt of the application, the auction sale to be held not later than ten (10) days from the date of the last publication. The certificate of sale must be issued on the date of sale and the same must be registered by the Register of Deeds concerned not later than five (5) days after submission of the certificate of sale. 552
As a result of foreclosure or any other legal proceedings wherein the properties of the debtor which are foreclosed, attached or levied upon in satisfaction of a judgment are sold to a government financial institution, the said properties shall be placed in the possession and control of the financial institution concerned, with the assistance of the Armed Forces of the Philippines whenever necessary. The petition for writ of possession shall be acted upon by the Court within fifteen (15) days from the date of filing. 553
14. REDEMPTION UNDER GENERAL BANKING ACT 554
In the event of foreclosure, whether judicially or extra-judicially, of any mortgage on real estate which is security for any loan or other credit accommodation granted, the mortgagor or debtor whose real property has been sold at public auction, judicially or extra-judicially, for the full or partial payment of his obligation shall have the right, within one (1) year after the sale of the real estate, to redeem the property by paying the amount due under the mortgage deed, with interest thereon at the rate specified in the mortgage, and all the costs and other expenses incurred by the bank or institution from the sale and custody of said property less the income derived therefrom. However, the purchaser at the auction sale concerned whether in a judicial or extra-judicial foreclosure shall have the right to enter upon and take possession of such property immediately after the date of confirmation of the auction sale by the court and administer the same in accordance with law. Any petition in court to enjoin or restrain the conduct of foreclosure proceedings instituted pursuant to this provision shall be given due course only upon the filing by the petitioner of a bond in an amount fixed by the court conditioned that he will pay all the damages which the bank may suffer by the enjoining or the restraint of the foreclosure proceedings.
Notwithstanding Act 3135, juridical persons whose property is being sold pursuant to an extra-judicial foreclosure, shall have the right to redeem in accordance with this provision until, but not after, the registration of the certificate of foreclosure sale with the applicable Register of Deeds which in no case shall be more than three (3) months after foreclosure, whichever is earlier.
15. SPECIAL SHERIFF FOR DBP
The Development Bank of the Philippines may, upon the recommendation of its Chief Legal Counsel, deputize any member of its legal staff to act as special sheriff in foreclosure cases, in the sale or attachment of the debtor's properties, and in the enforcement of court writs and processes in cases involving the Bank. The special sheriff of the Bank shall make a report to the proper court after any action taken by him, which shall treat such action as if it were an act of its own sheriff in all respects. 555
16. SEARCH AND SEIZURE IN CIVIL ACTIONS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
16.1. The writ of search and seizure
Where any delay is likely to cause irreparable harm to the intellectual property right holder or where there is demonstrable risk of evidence being destroyed, the intellectual property holder or his duly authorized representative in a pending civil action for infringement or who intends to commence such action may apply ex parte for the issuance of a writ of search and seizure directing the alleged infringing defendant or expected adverse party to admit into his premises the persons named in the order and to allow the search, inspection, copying, photographing, audiovisual recording or seizure of any document and article specified in the order. 556
16.2. Where application filed
The application shall be filed with any of the Regional Trial Courts of the judicial region designated to try violations of intellectual property rights stationed at the place where the alleged violation occurred or is to occur, or the place to be searched, at the election of the applicant. Provided, however, that where the complaint for infringement has already been filed, the application shall be made in the court where the case is pending. 557
16.3. Examination of applicant; record; confidentiality of proceedings 558
The application shall be acted upon within twenty four (24) hours from its filing. The Judge must before issuing the writ, examine in the form of searching questions and answers, in writing and under oath or affirmation, the applicant and the witnesses he may produce on facts personally known to them. Their sworn statements and their affidavits shall form part of the record of the case.
The hearing on the application for the writ shall be held in chambers of the Judge. Court personnel shall maintain the confidentiality of the application proceeding.
The court may require the applicant to give other information necessary for the identification of the articles and documents to be searched, inspected, copied or seized and the premises to be searched. Where feasible, it may direct the applicant to submit copies and photographs of the documents or articles to be seized and impounded.
16.4. When writ may issue
If the Judge is satisfied with the proof of facts upon which the application is based, he shall issue the writ requiring the search, inspection or copying of the subject documents or articles or commanding the sheriff to take them into his custody subject to the control of the court. The enforcement of the writ shall be supervised by an independent commissioner to be appointed by the court. 559
16.5. Contents of the writ 560
The writ shall contain the following:
16.5.1. an order to the alleged infringing defendant, expected adverse party or to the person who appears to be in charge or in control of the premises or residing or working therein to permit the persons named in the writ to enter into the premises for the purpose of searching, inspecting, copying, or removing from the premises and transferring to the custody of the sheriff and subject to the control of the court the subject documents and articles;
16.5.2. an order to the alleged infringing defendant, expected adverse party or to the person in charge or in control of the premises to disclose to the sheriff serving the writ the location of the documents and articles subject of the writ;
16.5.3. the period when the writ shall be enforced which in no case shall be more than ten (10) days from the date of issuance by the court;
16.5.4. the names of the applicant or his agent or representative and the commissioner who shall supervise the enforcement of the writ; and
16.5.5. other terms and conditions that will insure the proper execution of the writ with due regard to the rights of the alleged infringing defendant or expected adverse party.
It shall contain a warning that violation of any of the terms and conditions of the writ shall constitute contempt of court.
16.6. When writ shall be served.
The writ shall be served only on weekdays and from 8 o'clock in the morning to 5 o'clock in the afternoon. However, the court may direct that the writ be served on any day and any time for compelling reasons stated in the application and duly proved. 561
16.7. To whom writ shall be served 562
The writ shall be served on the alleged infringing defendant or expected adverse party in the place to be searched.
If the alleged infringing defendant or expected adverse party cannot be found in the premises, the writ shall be served on his agent or representative. In the absence of an agent or representative, it shall be served on the person in charge or in control of the premises, or residing or working therein who is of sufficient age and discretion. If such person is absent, the sheriff or proper officer shall post the papers on the premises and proceed with the enforcement of the writ.
16.8. Search to be conducted in the presence of defendant, his representative, person in charge of the premises, or witnesses
The premises may not be searched except in the presence of the alleged infringing defendant, expected adverse party or his representative or the person in charge or in control of the premises or residing or working therein who shall be given the opportunity to read the writ before its enforcement and seek its interpretation from the commissioner. In the absence of the latter, two persons of sufficient age and discretion residing in the same locality shall be allowed to witness the search or in the absence of the latter, two persons of sufficient age and discretion residing in the nearest locality. 563
16.9. Manner of search and seizure; duties of the sheriff 564
Upon service of the writ in accordance with Sec. 11 hereof, the sheriff under the supervision of the commissioner shall search for the documents and articles specified in the writ, and take them in his custody subject to the control of the court.
If the subject articles are not capable of manual delivery, the sheriff shall attach to them a tag or label stating the fact of seizure and warning all persons from tampering with them.
The sheriff shall, in the presence of the applicant or his representative, and under the supervision of the commissioner, prepare a detailed list of the seized documents and articles. He shall give an accurate copy of the same to the alleged infringing defendant, expected adverse party, his agent or representative, to the person in charge or in control of the premises or residing or working therein in whose presence the search and seizure were made. In the absence of the person in charge or in control of the premises or residing or working therein, the sheriff must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a copy of the receipt in the place in which he found the seized property. Where no witnesses are available in the same locality, the copy of the receipt shall be left by the sheriff in the presence of two witnesses residing in the nearest locality. The applicant or his representative and the commissioner shall also be given a copy of the receipt.
After the sheriff has taken possession of the documents and articles, he shall deliver them to a bonded warehouse or government warehouse for safekeeping. The applicant or his representative shall be allowed access to said materials for the purpose of examining them.
The applicant shall be responsible for the necessary expenses incurred in the seizure and safekeeping of the documents and articles in a bonded warehouse or government warehouse.
16.10. Use of reasonable force to effect writ
The sheriff, if refused admittance to the premises after giving notice of his purpose and authority or in the absence of the alleged infringing defendant or expected adverse party, his agent or representative, or person in charge or in control of the premises or residing or working therein who is of sufficient age and discretion, may use reasonable force to gain entry to the premises or any party of the building or anything therein, to enforce the writ or to liberate himself or any person lawfully aiding him when unlawfully detained therein. 565
16.11. Seizure of computer disks or other storage devices 566
The seizure of a computer disk or any storage device may be executed in any of the following manner:
16.11.1. by the physical taking thereof;
16.11.2. by copying its content in a suitable device or disk provided by the applicant; or
16.11.3. by printing out the contents of the disk or device with the use of a printer.
When the computer disks or storage devices cannot be readily removed from the computer to which they are fitted, the sheriff may take the subject computer from the custody of the alleged infringing defendant, expected adverse party or person in charge or in custody of the premises or residing or working therein.
16.12. Sheriff's return 567
The sheriff who executed the writ shall, within three (3) days from its enforcement, make a verified return to the court which issued the writ. The return shall contain a full statement of the proceedings under the writ and a complete inventory of the documents and articles searched, inspected or copied or seized and impounded, with copies served on the applicant, the defendant or expected adverse party and the commissioner.
If not all of the documents and articles enumerated in the order and writ were seized, the sheriff shall so report to the court and state the reasons therefor. All objections of the defendant, expected adverse party or person in charge of the premises on the manner and regularity of the service of the writ shall be included by the sheriff in his return.
16.13. Proceedings on return
Five (5) days after issuance of the writ, the issuing Judge shall ascertain if the writ has not been served or the return has been made by the sheriff. If the writ was not served or no return was made, it shall summon the sheriff and the applicant to whom the writ was issued and require them to explain why the writ was not served or why no return has been filed as the case may be. If the return has been made, the Judge shall, after notice to the sheriff and the commissioner, ascertain whether the provisions of this Rule and applicable laws have been complied with. 568
16.14. Direct filing, provisional docketing and deposit of prescribed filing fee
The Regional Trial Courts specially designated to try violations of intellectual property rights shall keep a distinct and separate logbook for writs of search and seizure. The application for a writ of search and seizure filed directly with the courts shall be given a provisional docket number. The prescribed filing fee shall be deposited with the Branch Clerk of Court and properly receipted for and transmitted to the Clerk of Court within twenty-four (24) hours from issuance of the order granting or denying the application for said writ. If a formal complaint is filed thereafter, the Clerk of Court may make a reassessment of the filing fee. 569
16.15. Separate logbook
In every court, there shall be a logbook under the custody of the Clerk of Court wherein shall be docketed and entered within twenty four (24) hours after the issuance or denial of the writ of search and seizure, the filing of such application and other particulars thereof. All the subsequent proceedings concerning the writ of search and seizure shall be faithfully recorded in the separate logbook. 570
17. GUIDELINES AND PROCEDURES IN THE SERVICE AND EXECUTION OF COURT WRITS AND PROCESSES 571
17.1. All Clerks of Court, who are also ex-officio sheriffs, and/or their deputy sheriffs shall serve all court processes and execute all writs of their respective courts within their territorial jurisdiction.
17.2. The Judge of the Regional Trial Court, in the absence of the deputy sheriff appointed and assigned in his sala, may at any time designate any of the deputy sheriffs in the office of the Clerk of Court. However, the said Judge shall not be allowed to designate the deputy sheriff of any other branch without first securing the consent of the Presiding Judge thereof.
17.3. All sheriffs and deputy sheriffs shall submit a report to the Judge concerned of the action taken on all writs and processes assigned to them within ten (10) days from receipt of said process or writ. Said report shall form part of the records of the case.
17.4. No sheriff or deputy sheriff shall execute a court writ outside his territorial jurisdiction without first notifying in writing, and seeking the assistance of the sheriff of the place where the execution shall take place.
17.5. No sheriff or deputy sheriff shall act as special deputy sheriff of any party litigant.
17.6. The Judge may be allowed to designate or deputize any person to serve court processes and writs in remote areas in the absence of the regular sheriff thereat.
17.7. The sheriff is primarily responsible for the speedy and efficient service of all court processes and writs originating from his court and the branches thereof, and those that may be delegated to him from other courts. He shall submit to the Office of the Court Administrator, Supreme Court, a monthly report which shall indicate therein the number of writs and processes issued and served, as well as the number of writs and processes unserved, during the month, and the names of deputy sheriffs who executed each writ. Unserved writs and processes shall be explained in the report.
G. DUTIES IN ORDINARY AND CADASTRAL LAND REGISTRATION CASES
1. LRA MANUAL OF INSTRUCTIONS
For the purpose of insuring a uniform and expeditious procedure in the adjudication of land titles under the provisions of Pres. Decree No. 1529 and Act No. 2259, as amended, otherwise known as the Property Registration Decree and the Cadastral Act, respectively, it is the duty of the Clerks of Court of Regional Trial Courts to comply with the provisions of the "Manual of Instructions to be Observed by Clerks of Courts of Regional Trial Courts in Ordinary and Cadastral Land Registration Cases" issued by the Administrator of the Land Registration Authority, the whole text of which is attached to this Manual as Appendix "B", and with such rules and regulations which the Administrator may circularize from time to time in the exercise of his supervision over them as subordinate of the Land Registration Authority relative to ordinary and cadastral land registration cases.
2. DELEGATED JURISDICTION
Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and determine cadastral and land registration cases covering lots where there is no controversy or opposition or contested lots where the value of the property does not exceed one hundred thousand pesos (P100,000.00), such value to be ascertained by the affidavit of the claimant or by agreement of the respective claimants, if there are more than one, or from the corresponding tax declaration of the real property. Their decisions in these cases shall be appealable in the same manner as decisions of the Regional Trial Courts. 572
I. FLOW CHARTS
1. ORDINARY CIVIL ACTIONS (SINGLE SALA)
2. ORDINARY CIVIL ACTIONS (MULTIPLE SALA)
3. SPECIAL CIVIL ACTIONS/SPECIAL PROCEEDINGS/LAND REGISTRATION CASES/APPEALED CASES (SINGLE SALA)
4. SPECIAL CIVIL ACTIONS/SPECIAL PROCEEDINGS/LAND REGISTRATION CASES (MULTIPLE SALA)
5. APPEALED CASES (MULTIPLE SALA)
6. CRIMINAL CASES (SINGLE SALA)
7. CRIMINAL CASES (MULTIPLE SALA)
8. ISSUANCE OF SEARCH AND SEIZURE IN CIVIL ACTIONS FOR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
9. COMPARATIVE ILLUSTRATION OF SHERIFF'S FORECLOSURE/EXECUTION PROCEEDINGS
|
Chattel Mortgage Law
|
Act No. 3135
|
Rule 39, Rules of Civil Procedure
|
|||||
| 1. | Venue of auction sale | - | public place in the municipality | place stipulated in the contract or | 1) | place of sale may be agreed upon | |
| where mortgagor resides or | in the municipal building of the | by the parties; | |||||
| where property is situated | municipality in which the property | 2) | in the absence of (1), if real property | ||||
| or party thereof is situated | or personal property not capable of | ||||||
| manual delivery — in the Office of | |||||||
| the Clerk of Court of the RTC or | |||||||
| MTC which issued the writ or | |||||||
| designated by appellate court; | |||||||
| 3) | personal property capable of manual | ||||||
| delivery — place where property is | |||||||
| located. | |||||||
| 2. | Time of sale | - | no provision | between the hours of 9:00 A.M. | should not be earlier than 9:00 A.M. | ||
| and 4:00 P.M. | and not later than 2:00 P.M. | ||||||
| 3. | Notice of sale | - | posting of notice of time, place | 1) | posting of notice for not less | 1) | perishable property — posting |
| and purpose of sale at 2 or | than 20 days in at least 3 | written notice of time and place of | |||||
| more public places in | public places of the municipality | sale in 3 public places, preferrably | |||||
| municipality where mortgagor | or city where property is | in conspicuous areas of the | |||||
| resides or where property is | located if worth P400.00; | municipal or city hall, post office | |||||
| located at least 10 days before | 2) | if worth more than P400.00 — | and public market in municipality or | ||||
| date of sale. | posting and publication once a | city where sale will take place for | |||||
| week for at least 3 consecutive | reasonable time considering | ||||||
| weeks in newspaper of general | condition of property; | ||||||
| circulation. | 2) | other personal property — posting | |||||
| 3) | in case of rural banks/thrift banks | similar notice in 3 public places for | |||||
| if it does not exceed P100,000.00 | not less than 5 days; | ||||||
| — posting of notices in most | 3) | real property — if P50,000.00 | |||||
| conspicuous area of the mun. | — posting of notice for 20 days in 3 | ||||||
| building, mun. public market, rural | public places (mentioned in no. 1 | ||||||
| bank/thrift bank, bgy. hall, bgy. | above) | ||||||
| public market, if any, where land | if it exceeds P50,000.00 — | ||||||
| mortgaged is situated during the | publishing notice once a week for 2 | ||||||
| period of 60 days immediately | consecutive weeks in one | ||||||
| preceding the public auction or | newspaper of general circulation; | ||||||
| execution of judgment. | 4) | in all cases, written notice of sale | |||||
| shall be given to judgment obligor at | |||||||
| least 3 days before the sale except | |||||||
| in no. 1 where notice shall be given | |||||||
| at any time before the sale, in the | |||||||
| same manner as personal service | |||||||
| of pleadings and other papers, as | |||||||
| provided by section 6 of Rule 13. |
10. JUDICIARY COLLECTIONS
I. FORMS
The suggested forms for the Regional Trial Courts may be used by the first level courts whenever applicable.
1. ORDINARY CIVIL ACTIONS
1.1. Summons *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
Civil Case No. | |
| SUMMONS | ||
|
___________________________,
|
||
|
Defendant/s.
|
TO:
GREETINGS:
You are hereby required, within fifteen (15) days after service of this summons upon you, to file with this Court and serve on the plaintiff your answer to the complaint, copy of which is attached, together with the annexes. If you fail to answer within the time fixed, the plaintiff will take judgment by default and may be granted the relief applied for in the complaint.
WITNESS my hand under the seal of the Court, this ___ day of __________________, 20___.
___________________
* Rule 14, Sec. 2.
1.2. Notice of Pre-Trial Conference
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______ | |
| For: __________________ | ||
|
___________________________,
|
||
|
Defendant/s.
|
NOTICE OF PRE-TRIAL CONFERENCE
Pursuant to the Order dated ____________, this case is set for pre-trial conference on ___________________ at ________ o'clock A.M./P.M.
The parties and their counsel are required to be present at the pre-trial and to file with the Court and serve on the adverse party at least three (3) days before the date of the pre-trial their respective pre-trial briefs which shall contain, among others:
1. A statement of their willingness to enter into amicable settlement or alternative modes of dispute resolution, indicating the desired terms thereof;
2. A summary of admitted facts and proposed stipulation of facts;
3. The issues to be tried or resolved;
4. The number and names of the witnesses to be presented, an abstract of their testimonies and the approximate number of hours that will be required by the parties for the presentation of their respective evidence;
5. Copies of all documents intended to be presented with a statement of the purposes of their offer;
6. A manifestation of their having availed or their intention to avail themselves of discovery procedures or referral to commissioners;
7. Applicable laws and jurisprudence; and
8. The available trial dates of counsel for complete evidence presentation, which must be within a period of three (3) months from the first day of trial.
Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-trial.
WITNESS, the HON. __________________, Presiding Judge of this Court, this ___ day of _________, 20___ at __________________.
___________________
* Rule 18, as amended by Adm. Circular 3-99 (1-15-99).
1.3. Pre-Trial Order *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______ | |
| For: __________________ | ||
|
___________________________,
|
||
|
Defendant/s.
|
PRE-TRIAL ORDER
When this case was called for pre-trial, the parties and their respective counsel appeared. Notwithstanding earnest efforts exerted, the parties failed to arrive at an amicable settlement.
I. BRIEF STATEMENT OF CASE FOR THE PLAINTIFF/S
II. STIPULATION OF FACTS (Including those admitted/undisputed);
The parties have agreed on the following:
(1) ______________________________________________
(2) ______________________________________________
(3) ______________________________________________
(4) ______________________________________________
III. EVIDENCE FOR THE PLAINTIFF/S
A. Testimonial (witnesses) —
(1) _________ to testify on ______________
(2) _________ to testify on ______________
(3) _________ to testify on ______________
B. Documentary — (state purpose/s)
_________________________________________________________________________________________________________________________
C. Real Evidence — (state purpose/s)
_________________________________________________________________________________________________________________________
IV. BRIEF STATEMENT OF THE CASE FOR THE DEFENDANT/S
V. EVIDENCE FOR THE DEFENDANT/S
A. Testimonial (witnesses) —
(1) _________ to testify on ______________
(2) _________ to testify on ______________
(3) _________ to testify on ______________
B. Documentary — (state purpose/s)
____________________________________________________________________________________________________
C. Real Evidence (state purpose/s)
____________________________________________________________________________________________________
VI. FACTUAL AND/OR LEGAL ISSUES FOR RESOLUTION:
VII. NUMBER OF WITNESSES TO BE PRESENTED BY THE PARTIES:
Plaintiff/s __________________________________________
Defendant/s ________________________________________
VIII. AVAILABLE TRIAL DATES SUGGESTED BY COUNSEL AND APPROVED/FIXED BY THE COURT FOR COMPLETE PRESENTATION OF EVIDENCE.
____________________________________________________________________________________________________
IX. SUCH OTHER MATTERS AS MAY FACILITATE EARLY DISPOSITION OF THE CASE (AS THE PROPRIETY OF A JUDGMENT ON THE PLEADINGS OR SUMMARY JUDGMENT);
SO ORDERED.
_______________, _____________, 20 ___.
___________________
* Rule 18, Sec. 7.
1.4. Notice of Hearing *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______ | |
| For: __________________ | ||
|
___________________________,
|
||
|
Defendant/s.
|
NOTICE OF HEARING
TO: __________________
GREETINGS:
You are hereby notified that the above-entitled case will be heard before this Court on the ____ day of _____________, 20___, at ____________________.
If you desire to subpoena witnesses, please notify this office two (2) weeks in advance of the time of their appearance with a brief note of the names and addresses. Rule 141 requires payment of fee for the service of subpoena in civil action or proceeding for each witness to be served.
___________________, Philippines ___________, 20___.
___________________
* Rule 30, Sec. 1.
1.5. Minutes of the Session *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______ | |
|
___________________________,
|
||
|
Defendant/s.
|
MINUTES
of the SESSION held on ____________, 20___ at __________
PRESENT:
Hon. ________________________________, Presiding Judge;
Atty. __________________________, Branch Clerk of Court;
Mr./Ms./Mrs. ______________________, Court Stenographer;
Mr./Ms./Mrs. ________________________, Court Interpreter;
APPEARANCES:
____________________________________, For the Plaintiff;
__________________________________, For the Defendant;
EVIDENCE FOR THE _____________________________________
WITNESSES:
MARKED DOCUMENTARY EVIDENCE:
REMARKS:
CONTINUATION OF HEARING:
CERTIFIED CORRECT
___________________
* Rule 41, Sec. 12.
1.6. Notice of Order/Decision
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CASE NO. ___________ | |
|
____________________________,
|
NOTICE OF ORDER/DECISION | |
|
Defendant/s.
|
_______________, 20___
TO: __________________
You are hereby notified by these presents that on the ____ day of ________________, 20___, the Court issued the order/rendered the decision in the above-entitled case, a copy of which is attached hereto.
___________________
* Rule 13, Sec. 9.
1.7. Notice of Appealed Cases *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
____________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. ___________ | |
|
____________________________,
|
NOTICE OF APPEALED CASES | |
|
Defendant/s.
|
TO: __________________
GREETINGS:
You are hereby notified that this Court has received the original record of this case on appeal from the ______________________ Court (Case No. __________).
Pursuant to Section 7 of Rule 40 of the Rules of Court, it shall be the duty of the appellant within fifteen (15) days from receipt of this notice to submit a memorandum which shall briefly discuss the errors imputed to the lower court, a copy of which shall be furnished by him to the adverse party. Within fifteen (15) days from receipt of appellant's memorandum, the appellee may file his memorandum.
Failure of the appellant to file a memorandum shall be ground for dismissal of the appeal.
_______________, _____________, 20 ___.
___________________
* Rule 40, Sec. 7.
1.8. Entry of Final Judgment *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CASE NO. ___________ | |
|
___________________________,
|
||
|
Defendant/s.
|
ENTRY OF FINAL JUDGMENT
This is to CERTIFY that the Court rendered the Decision dated ______________, the dispositive part of which reads as follows:
and that the same has, on ________________________, 20____ become FINAL and executory.
_______________, _____________, 20 ___.
___________________
* Rule 36, Sec. 2.
1.9. Writ of Replevin *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______ | |
|
____________________________,
|
WRIT OF REPLEVIN | |
|
Defendant/s.
|
TO: SHERIFF/DEPUTY SHERIFF
GREETINGS:
WHEREAS, the plaintiff/s __________________ in the above-entitled case, having filed an application with this Court praying for the seizure and delivery to _____________________ of the property, more particularly described hereafter, and having filed the affidavit required by the Rules of Court and executed to the defendant/s a bond in the sum of ___________________________;
You are hereby ordered to take immediate possession of the following property/ies which is/are now detained by the defendant/s, to wit:
and to keep the said property in your possession for five (5) days. At the expiration of the said period, you shall deliver, subject to the provisions of Sections 5, 6 and 7 of Rule 60 of the Rules of Court, to the plaintiff the said property, provided that your legal fees and all the necessary expenses are fully paid.
You shall return this order with your proceedings indorsed hereon within ten (10) days from the date of taking of the property above-described.
______________, _____________, 20 ___.
___________________
* Rule 60.
1.10. Writ of Attachment *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______ | |
|
____________________________,
|
WRIT OF ATTACHMENT | |
|
Defendant/s.
|
TO: SHERIFF/DEPUTY SHERIFF
GREETINGS:
WHEREAS, __________________ of __________________ has complained under oath to __________________________, Judge of __________________________ Court, that _________________ of ___________________ is justly indebted to him/her in the amount of _____________________________ pesos (___________), Philippine Currency, and that said defendant is __________________________
WHEREAS, the Court granted the application for writ of attachment and approved the required bond pursuant to Sections 3 and 4 of Rule 57;
WE, THEREFORE, command you that you attach the estate, real and personal, not exempt from execution, of the said defendant, located in your province, to the value of the demands and costs of suit, and that you safely keep the same according to the Rules of Court, unless the defendant gives security to pay such judgment as may be recovered in the action, in the manner provided by the Rules of Court, and that you summon the said defendant, if found in your province, to answer the complaint, a copy of which is hereto annexed, within the time fixed in the Rules of Court and return this writ with a report of your proceedings.
WITNESS the HON. __________________, Judge of this Court, this ______ day of ________________, 20____.
___________________
* Rule 57.
1.11. Writ of Execution (for Money Judgment) *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______ | |
|
____________________________,
|
WRIT OF EXECUTION | |
|
Defendant/s.
|
(for Money Judgment) |
TO: SHERIFF/DEPUTY SHERIFF
We command you to demand from _____________________, the judgment obligor, the immediate payment in full of the sum of _________________________________________ (P____________), Philippine Currency, together with interest thereon from the ____ day of ____________ 200___ until the date of payment at the rate of _______________ per cent per annum and the further sum of _____________________________, together with your lawful fees for service of this execution, which ___________________, the judgment obligee, recovered in this case against said judgment obligor, and to tender the same to said judgment obligee and return this writ, with the lawful fees, to this Court within thirty (30) days from the date of receipt hereof with your proceedings indorsed thereon.
If the judgment obligor cannot pay all or part of the obligation in cash, certified bank check or other mode of payment acceptable to the judgment obligee, you shall levy upon the properties of the judgment obligor of every kind and nature whatsoever which may be disposed of for value and not otherwise exempt from execution, giving the latter the option to immediately choose which property may be levied upon, sufficient to satisfy the judgment. If the judgment obligor does not exercise the option, you shall first levy on the personal properties, if any, and then on the real properties, if the personal properties are insufficient to answer for the judgment. You shall sell only so much of the personal or real property as is sufficient to satisfy the judgment and lawful fees, and make a report to this Court every thirty (30) days on the proceedings taken until the judgment is satisfied in full, or its effectivity expires.
WITNESS the HON. __________________, Judge of this Court, this ______ day of ________________, 20____.
___________________
* Rule 39, Sections 9 & 14.
1.12. Writ of Execution (for Special Judgment) *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______
|
|
|
____________________________,
|
WRIT OF EXECUTION
|
|
|
Defendant/s.
|
(for Special Judgment)
|
TO: SHERIFF/DEPUTY SHERIFF
GREETINGS:
WHEREAS, on ______________________, the judgment in the above-entitled case was rendered by this Court, the dispositive part of which reads:
WHEREAS, on __________________, the Court granted the Motion for Execution filed by the plaintiff/s;
NOW, THEREFORE, you are hereby commanded to cause the execution of the aforesaid judgment, including payment in full of your lawful fees for the service of this writ.
GIVEN UNDER MY HAND AND SEAL of this Court, this ____ day of _______________, 20____ at ___________________.
___________________
* Rule 39, Sections 10 and 1.
1.13. Writ of Demolition *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______ | |
|
____________________________,
|
WRIT OF DEMOLITION | |
|
Defendant/s.
|
TO: SHERIFF/DEPUTY SHERIFF
GREETINGS:
WHEREAS, on ___________________, 20____, this Court rendered decision in the above-entitled case, the dispositive part of which reads as follows:
WHEREAS, on ___________________, 20____, the Court issued a writ of execution in the above-entitled case.
WHEREAS, ___________________, 20____, plaintiff/s thru counsel filed a motion for the issuance of writ of demolition on the ground that the property subject of the execution contains improvements constructed or planted by the defendant;
WHEREAS, after due hearing, the motion for writ of demolition was granted and defendant was given a reasonable time to remove the improvements pursuant to Section 10 (d) of Rule 39 of the Rules of Court;
WHEREAS, defendant failed to remove the improvements within the period fixed by the Court;
NOW THEREFORE, we command you to demolish the improvements erected by the defendant/s, ________________________________________________________ on that portion of land belonging to the plaintiff/s located at ________________________________________________________.
______________, _____________, 20 ___.
___________________
* Rule 39, Sec. 10 (d).
2. SPECIAL PROCEEDINGS
2.1. Letters of Administration *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
__________ Branch
|
IN THE MATTER OF THE
|
CASE NO. __________
|
|
|
________________________
|
|
|
|
________________________
|
LETTERS OF ADMINISTRATION
|
|
|
________________________
|
|
|
|
Petitioner.
|
|
|
KNOW ALL MEN BY THESE PRESENTS:
That by the Order dated _______________ issued by Hon. ___________________, Judge of this Court, _________________ has been appointed administrator of the estate of the deceased ______________________ with full authority to take possession of all property of the estate in any province or provinces in which it may be situated and to perform all other acts necessary for its preservation.
As administrator, _______________ shall, within three (3) months from the date of this appointment, make and return to the Court a true and complete inventory of the estate of the deceased which has come into his possession or knowledge, or to the possession of any person on his behalf, and render a true and just account of his administration to the Court within one year, and at any time required by the Court.
IN WITNESS WHEREOF, I sign and seal these presents in _______________, Philippines, this ____ day of ____________, 20___.
___________________
* Rule 81.
2.2. Letters of Special Administration
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
IN THE MATTER OF THE
|
CASE NO. __________
|
|
|
________________________
|
|
|
|
________________________
|
LETTERS OF SPECIAL
|
|
|
________________________
|
ADMINISTRATION
|
|
|
Petitioner.
|
|
|
KNOW ALL MEN BY THESE PRESENTS:
That by the Order dated _______________ issued by Hon. _______________________ of this Court, _________________ has been appointed Special Administrator of the estate left by the late _________________________ with the following powers and duties: 1) to take possession and charge of the goods, chattels, rights, credits and estate of the deceased and preserve the same for the executor and/or administrator afterwards appointed; 2) to commence and maintain suits; 3) to sell only such perishable and other property as the Court orders sold; and 4) to pay debts of the deceased upon order of the Court.
IN WITNESS WHEREOF, I sign and seal these presents this ______ day of __________, 20___, in the City/Municipality of _______________, Republic of the Philippines.
___________________
* Rule 80.
2.3. Oath of Administrator/Special Administrator
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
IN THE MATTER OF THE
|
CASE NO. ________
|
|
|
________________________
|
|
|
|
________________________
|
|
|
|
________________________
|
|
|
|
Petitioner.
|
|
|
OATH OF OFFICE
I, ________________________________________ having been appointed ____________________________________________ of ____________________________________________________do solemnly swear that I will faithfully fulfill the duties of the trust.
___________________
___________________
SUBSCRIBED AND SWORN to before me this ____ day of _______________, 20___, by __________________________, who exhibited to me his/her Community Tax Certificate No-A-__________________ issued at _______________ on ______________.
___________________
2.4. Letters of Legal Guardianship
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
In the matter of the guardianship
|
__________________________
|
SPEC. PROC. NO. _________
|
|
__________________________
|
LETTERS OF
|
|
|
LEGAL GUARDIANSHIP
|
KNOW ALL MEN BY THESE PRESENTS:
That by virtue of the Order dated _________________, issued by the Hon. _________________, Judge of this Court, ________________ has been appointed guardian of the property of the minor ________________________________ with full authority to take possession of the property of said minor in any province or provinces in which it may be situated, to perform all other acts necessary for the management of said property for the best interest of the minor and to provide for the proper care, custody and education of the minor. Said guardian shall, within three (3) months from the date of this appointment, return to the Court a true and complete inventory of the real and personal estate of the minor which may come into his/her possession or knowledge, or to the possession or knowledge of any other person on his behalf, and shall render a true and just account of his guardianship to the Court within one (1) year and at any time as may be required by the Court.
IN WITNESS WHEREOF, I sign and seal these presents in _________________, this _____ day of ______________, 20___.
___________________
* Rules 94 and 96.
2.5. Oath of Guardian
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
OATH OF GUARDIAN
I, ________________________, of ____________________, having been appointed as legal guardian, do hereby solemnly swear, that I will faithfully discharge to the best of my ability the duties of a legal guardian of my minor children, namely: ________________________________________________________________________________________________________________ all surnamed ________________________; that I will obey the laws, legal orders and decrees promulgated by the _________________ Court; and that I impose this obligation upon myself voluntarily, without mental reservation or purpose of evasion.
SO HELP ME GOD
___________________
SUBSCRIBED AND SWORN to before me this ________ day of __________________, 20___, affiant exhibiting before me his/her Community Tax Certificate No. _____________________ issued at ___________________ on _________________.
___________________
2.6. Notice to Creditors *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
IN THE MATTER OF THE
|
|
|
|
|
CASE NO. ________
|
|
|
________________________
|
|
|
|
Petitioner.
|
|
|
NOTICE TO CREDITORS
Letters Testamentary/of Administration having been issued in the above-entitled case in favor of ______________________________;
IT IS HEREBY ORDERED that notice be, and the same is hereby, given to all persons having claims for money against the decedent, ________________________, arising from contracts, express or implied, whether the same be due, not due, or contingent, for funeral expenses and expenses of the last sickness of the said decedent, and judgment for money against him, requiring there to file their claims with this Court at the _______________________ within a period of __________ (which shall not be more than twelve (12) nor less than six (6) months after the first publication of the notice).
SO ORDERED.
Philippines ___________________, 20___.
___________________
* Rule 86.
3. CRIMINAL CASES
3.1. Order of Arrest *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
PEOPLE OF THE PHILIPPINES,
|
|
|
Complainant,
|
|
|
- versus -
|
CRIM. CASE NO. ______
|
|
|
|
|
____________________________,
|
ORDER OF ARREST
|
|
Accused.
|
TO ANY OFFICER OF THE LAW:
You are hereby commanded to arrest ______________________ who is said to be found at ________________________ and who stands charged before me with the crime of _______________________, and to bring him forthwith before me to be dealt with according to law.
The bail for the release of the accused in this case is fixed at P___________ which may be furnished by the said accused either by depositing the amount thereof with the nearest collector of internal revenue, or provincial, city, or municipal treasurer in accordance with Section 14 (cash bail) or by furnishing bond approved by the Judge of the Regional Trial Court in accordance with Section 10 (corporate surety) and Section 11 (property bond) of Rule 114 of the Revised Rules on Criminal Procedure. The peace officers making this arrest are hereby authorized to discharge from custody the accused after furnishing bail in the manner hereinabove indicated which must be stated in the return hereof.
_________________, _____ day of _____________, 20____.
___________________
1st Indorsement
Respectfully referred to the Chief of Police, _______________, The Director, National Bureau of Investigation, Manila and the Chief, CIS-PC, Camp Crame, Quezon City, for service, with the request that the return be made as soon as possible within ten (10) days from receipt of this warrant.
___________________
* Rule 112, Sec. 6 and Rule 113, Sec. 4.
3.2. Bail bond
Republic of the Philippines
__________________ COURT
__________________
______________
|
PEOPLE OF THE PHILIPPINES,
|
||
|
Plaintiff,
|
||
|
versus
|
Criminal Case No. _______
|
|
|
___________________________,
|
||
|
Accused.
|
BAIL BOND
WHEREAS, the above-named accused is charged with the offense of ________________, in a complaint (or information) filed on ____ day of _______________, 200___ in the _______________ Court of ______________, Branch ____, and has been admitted to bail in the sum of _______________________ Pesos (P_________);
Now, THEREFORE, we, (1) __________________ of _______; (2) __________________ of __________; (3) __________________ of ___________; and (4) ___________________ of ___________, as bondsmen, hereby jointly and severally undertake that the above-named accused, as principal herein, will appear and answer the charge against him in whatever court the case may be tried, and will at all times hold himself/herself amenable to its orders and processes, and if convicted, will appear for judgment, and render himself/herself to the execution thereof; or if he/she fails to perform any of these conditions he/she will pay to the Republic of the Philippines the sum of __________________ Pesos (P________), for the payment of which we encumber and constitute a first lien in favor of the Republic of the Philippines upon the real estate respectively owned by us and hereinafter described, to wit:
Of the Bondsman _______________
1. A piece of real estate consisting of ________ situated at ______________ Philippines, bounded on the _________ by ________, on the _________ by _________, on the __________ by ________, and on the _________ by _________, with an area of approximately ______________ square meters, to which I, _________________, have a clear and absolute title, free from encumbrance and not exempt from execution, and with the assessed value of ___________________ Pesos (P__________).
Of the Bondsman _______________
2. A piece of real estate consisting of _________ situated at _____________ Philippines, bounded on the _________ by ________, on the _________ by _________, on the __________ by ________, and on the _________ by _________, with an area of approximately ______________ square meters, to which I, _________________, have a clear and absolute title, free from encumbrance and not exempt from execution, and with the assessed value of ___________________ Pesos (P__________).
Of the Bondsman _______________
3. A piece of real estate consisting of _________ situated at _____________ Philippines, bounded on the _________ by ________, on the _________ by _________, on the __________ by ________, and on the _________ by _________, with an area of approximately ______________ square meters, to which I, _________________, have a clear and absolute title, free from encumbrance and not exempt from execution, and with the assessed value of ___________________ Pesos (P__________).
Of the Bondsman _______________
4. A piece of real estate consisting of _________ situated at _____________ Philippines, bounded on the _________ by ________, on the _________ by _________, on the __________ by ________, and on the _________ by _________, with an area of approximately ______________ square meters, to which I, _________________, have a clear and absolute title, free from encumbrance and not exempt from execution, and with the assessed value of ___________________ Pesos (P__________).
We further declare under oath that the above-described properties have not been encumbered, mortgaged or pledged as security for the provisional release of any accused person or the performance of any obligation of any kind.
We bind ourselves by these presents to give the Court at least ten days notice of any transfer or other disposition to be made of any of the above-described properties in order that the Court may take such action as may be necessary to protect the interest of the Republic of the Philippines and for us to avoid liability under Article 316 (6) of the Revised Penal Code.
It is further stipulated that we, the undersigned sureties, with the express conformity of the accused, hereby agree that in case he/she jumps bail or fails to appear for trial without any justification, despite due notice to us as sureties, his/her absence will be deemed an express waiver of his/her right to be present, which will warrant the Court to proceed with the case as if present.
IN WITNESS WHEREOF, we hereby affix our signatures this ____ day ______________ of 200___.
_______________
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_________________________
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_________________________
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Surety
|
Surety
|
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Com. Tax Cert. No. _________
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Com. Tax Cert. No. _________
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issued at ________ on _______
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issued at ________ on _______
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_________________________
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_________________________
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Surety
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Surety
|
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Com. Tax Cert. No. _________
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Com. Tax Cert. No. _________
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issued at ________ on _______
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issued at ________ on _______
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SUBSCRIBED AND SWORN TO before me this ___ day of ____________ at _______________.
___________________
AFFIDAVIT OF JUSTIFICATION OF SURETIES
We, (1) ____________________, (2) _____________________, (3) ____________________ and (4) ____________________, being duly sworn each for himself and not one from the other, depose and say:
1. That we are resident householders and freeholders within the Philippines;
2. That each of us is worth the amount specified in the foregoing Bail Bond over and above all just debts, obligations and property exempt from execution (in case of only two sureties);
3. That the entire sum justified to by us is equivalent to the whole amount of bail demanded (in case of three or more sureties).
|
SUBSCRIBED AND SWORN TO before me this ____ day of ________________, 200___ at __________________.
___________________
Approved ___________, 200___
___________________________ Judge
3.3. Information Sheet for the Accused
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
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PEOPLE OF THE PHILIPPINES,
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||
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Complainant,
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||
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- versus -
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CRIM. CASE NO. ______ | |
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____________________________,
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For: | |
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____________________________
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||
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Accused.
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Pursuant to Memorandum Circular No. 2 issued by the Supreme Court of the Philippines on May 26, 1980, accused is hereby required to fill out this form (in print):
| FULL NAME OF ACCUSED: | ||
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__________________________________________________
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||
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(Last)
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(First)
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(Middle)
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| DATE OF BIRTH: _________________________________________ | ||
| ADDRESS: ______________________________________________ | ||
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______________________________________________
|
||
| SIGNATURE OR THUMBMARK: ___________________________ |
Other pertinent descriptions and information for identification purposes:
__________________________________________________
ASSISTED BY:
__________________________
3.4. Recall of Order of Arrest
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
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PEOPLE OF THE PHILIPPINES,
|
||
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Complainant,
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||
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- versus -
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CRIM. CASE NO. ______
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| ____________________________, |
(RECALL OF ORDER OF
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Accused.
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ARREST)
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To ________________
Please return to this Office without further action the order of arrest issued by this Court on ________________ in the above-entitled case for the reason that ________________________________.
Respectfully yours,
___________________
Copy furnished:
(ALL AGENCIES FURNISHED WITH ORDER OF ARREST)
3.5. Notice of Arraignment
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
PEOPLE OF THE PHILIPPINES,
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||
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Complainant,
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||
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- versus -
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CRIM. CASE NO. ______ | |
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____________________________,
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For: | |
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Accused.
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NOTICE OF ARRAIGNMENT
Notice is hereby given that this case is set for arraignment on the _____ day of _____________ 20___ at ______ o'clock A.M./P.M.
WITNESS the HON. _________________ Judge of this Court, this ___ day of ____________ 20___ at _________________.
___________________
3.6. Notice of Arraignment and Pre-Trial *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
PEOPLE OF THE PHILIPPINES,
|
|
|
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Complainant,
|
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|
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- versus -
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CRIM. CASE NO. ______
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|
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____________________________
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____________________________
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Accused.
|
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NOTICE OF ARRAIGNMENT AND PRE-TRIAL
TO: (Accused) (Complainant)
GREETINGS:
Please be informed that the arraignment of the accused has been set on ____________, 20___ at _________ in the morning/afternoon and that the pre-trial conference may take place thereafter to consider the following:
a) Plea bargaining;
b) Stipulation of facts;
c) Marking for identification of evidence of the parties;
d) Waiver of objections to admissibility of evidence;
e) Such other matters as will promote a fair and expeditious trial; and
f) Determination of civil liability, if any.
The accused must be present at the arraignment and personally enter his plea. In case of failure of the complainant to appear despite due notice, the Court may allow the accused to enter a plea of guilty to a lesser offense with the conformity of the trial prosecutor alone.
The accused and the complainant are further directed to bring all documents relevant to the case.
FAIL NOT UNDER THE PENALTY OF THE LAW.
WITNESS, the HON. ________________ Judge of this Court, this ____ day of ______________ 20___ at ___________________.
___________________
* Rules 116 and 118.
3.7. Certificate of Arraignment *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
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PEOPLE OF THE PHILIPPINES,
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||
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Complainant,
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||
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- versus -
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CRIM. CASE NO. ______
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____________________________,
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||
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Accused.
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CERTIFICATE OF ARRAIGNMENT
After the reading of the information in the language or dialect known to the accused, ____________________, who was assisted by counsel, ____________________, and the delivery of a copy thereof to the latter, the said accused entered a plea of ________.
____________________, 20____.
___________________
Name of Accused __________________
Name of Counsel ___________________
* Rule 116, Sec. 1.
3.8. Pre-Trial Order *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
PEOPLE OF THE PHILIPPINES,
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||
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Complainant,
|
||
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- versus -
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CRIM. CASE NO. ______
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For: __________________
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||
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____________________________,
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Accused.
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PRE-TRIAL ORDER
The following are the results of the pre-trial conference conducted on ________________ pursuant to Rule 118 of the Revised Rules on Criminal Procedure:
I. Brief statement of the acts or omissions constituting the offense charged as well as the prosecution theory (This may be based on the information and/or manifestation of the Prosecutor):
II. Evidence for the prosecution:
A. Testimonial (witnesses)
(1) ____________ to testify on ___________
(2) ____________ to testify on ___________
(3) ____________ to testify on ___________
B. Documentary — (state purpose/s)
C. Real evidence (such as weapons or instruments used in the commission of the offense; objects or proceeds of the offense; fingerprints) with a statement of the purpose/s).
III. Brief statement of defense theory including justifying or exempting circumstance or absolutory cause (such as alibi, prescription, pardon or insufficiency of prosecution evidence)
IV. Evidence for the defense —
A. Testimonial (witnesses)
(1) ____________ to testify on ___________
(2) ____________ to testify on ___________
(3) ____________ to testify on ___________
B. Documentary — (state purpose/s)
C. Real Evidence — (state purpose/s)
V. Stipulation of Facts (including those admitted or undisputed):
The accused with counsel, Atty. ____________ and Trial Prosecutor ______________ have agreed on the following:
VI. Plea bargaining — between the accused and the Trial Prosecutor for a mutual satisfactory disposition of the case subject of approval.
(1) Possibility of accused pleading guilty to a lesser offense which may or may not be necessarily included in the crime charged in the information, or is cognizable by a Court of lesser jurisdiction; or to only one or some of the counts of a multi-indictment in return for a lighter sentence than that for the graver offense, without necessity of amendment of the complaint or information. (Yes/No)
(2) Possibility of amicable settlement of civil liability of the accused. (Yes/No)
VII. Factual and/or legal issues for resolution:
This pre-trial order shall control the course of the trial in this case, unless modified by the Court to prevent manifest injustice. The Trial Prosecutor as well as the accused and counsel have signed this pre-trial order to attest to the correctness thereof and their conformity thereto which may accordingly be used in evidence in this case.
_________________, ___________ 20____.
___________________
_____________________ Accused
_____________________ Counsel for the accused
* The agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel, otherwise, they cannot be used against the accused. (Rule 118, Sec. 2)
3.9. Minutes of the Session
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
MINUTES of the session held by the _________________ Court presided over by the Honorable ____________________, Judge of the Court __________ this day of __________, 20____ at _______ o'clock in the __________________.
STENOGRAPHER: ___________________
INTERPRETER: ______________________
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PEOPLE OF THE PHILIPPINES,
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||
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Complainant,
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||
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- versus -
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CRIM. CASE NO. ______
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|
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____________________________,
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||
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Accused.
|
Government Prosecutor: ____________________________________
Private Prosecutor: _________________________________________
Attorney for the accused: ____________________________________
Witnesses for the prosecution/accused: _________________________
Exhibits marked/offered for the prosecution/accused: _____________
Remarks: ________________________________________________
Trial Dates: ______________________________________________
Steno notes ________________ pages
ATTESTED:
___________________
3.10. Subpoena Ad testificandum *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
_________________________,
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|
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Plaintiff/s,
|
|
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- versus -
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CASE NO. ____________
|
|
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_________________________,
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SUBPOENA AD TESTIFICANDUM
|
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Defendant/s.
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|
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TO: _____________________
GREETINGS:
You are hereby commanded to appear before this Court on the ______ day of _______________, 20____ at ________ o'clock in the __________________, then and there to testify in the above-entitled case.
Fail not, under the penalty of the law.
WITNESS the HON. ____________________, Judge of this Court, this ____ day of _________________, 20____.
___________________
* Rule 21, Sec. 3.
3.11. Subpoena Duces Tecum *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
_________________________,
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||
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Plaintiff/s,
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||
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- versus -
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CASE NO. ____________
|
|
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_________________________,
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SUBPOENA DUCES TECUM
|
|
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Defendant/s.
|
TO:
GREETINGS:
You are hereby required to appear before this Court on the _____ day of ______________, 20____ at ________ o'clock in the __________________ and to produce the following described books, writings or documents, to wit:
_________________________________________________________________________________________________________________________________
Fail not, under the penalty of the law.
WITNESS the HON. ____________________, Judge of this Court, this ____ day of _________________, 20____.
___________________
* Rule 21, Sec. 3.
3.12. Writ of Execution for Confiscated Bonds
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
PEOPLE OF THE PHILIPPINES,
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||
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Complainant,
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||
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- versus -
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CRIM. CASE NO. ______
|
|
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____________________________,
|
||
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Accused.
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WRIT OF EXECUTION(For Confiscated Bonds)
TO: SHERIFF/DEPUTY SHERIFF
GREETINGS:
WHEREAS, in an Order dated _______________, a judgment was issued against ________________________________, bondsmen of the accused in the above-entitled case, to satisfy the sum of _____________________ Philippine Currency, the value of the bail posted in behalf of said accused, and such judgment had already become final and executory.
NOW THEREFORE, you are hereby commanded to seize the goods and chattels of the said bonding company, except such as by law are exempt, and cause to be made the aforementioned sum together with your lawful fees.
In case sufficient personal property of the said bonding company cannot be found to satisfy the amount of such judgment and your fees, you are ordered to levy upon its real estate, and sell the same in the manner required by law for the satisfaction of the balance of such amount and fees.
A return of your action shall be submitted to the Court within thirty (30) days from receipt of this Writ.
WITNESS the HON. ____________________, Judge of this Court this ____ day of _________________, 20____.
___________________
cc. Office of the Court Administrator Supreme Court
Insurance Commission Manila
Clerk of Court RTC, _______________
3.13. Order of Discharge from Custody
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
PEOPLE OF THE PHILIPPINES,
|
|
|
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Complainant,
|
|
|
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- versus -
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CRIM. CASE NO. ______
|
|
|
____________________________
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ORDER OF DISCHARGE
|
|
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____________________________
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FROM CUSTODY
|
|
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Accused.
|
|
|
TO: _______________________ _______________________
GREETINGS:
You are hereby directed to discharge from custody accused ________________________________________________________ as affecting Criminal Case No. ________________ only, and insofar as there exists no order in any other case to the effect that the said accused remain confined under your custody, pursuant to the Order/Decision dated _________________, copy of which is hereto attached.
__________________, _____________, 20____.
___________________
3.14. Order of Commitment (Mittimus)
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
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PEOPLE OF THE PHILIPPINES,
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||
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Complainant,
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||
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- versus -
|
CRIM. CASE NO. ______
|
|
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For: __________________
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||
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____________________________,
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ORDER OF COMMITMENT
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|
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Accused.
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(Mittimus)
|
TO: THE DIRECTOR OF CORRECTIONS:
WHEREAS, on __________________, the Court promulgated judgment of conviction, the dispositive portion of which reads:
NOW, THEREFORE, the Court commits the person of _____________________ for the service of sentence imposed on him.
__________________, _____________, 20____.
___________________
BUREAU OF CORRECTIONS
Crim. Case No. ___________ CRIME _____________
This is to acknowledge the commitment of _______________________ who has been sentenced by the Regional Trial Court of ____________________ to suffer the penalty of __________________________________ imprisonment and a fine of ______________________ and in case of insolvency to suffer subsidiary imprisonment in accordance with the law.
The time of imprisonment will commence to run from the ______ day of ________________, 20____.
__________________, _____________, 20____.
DIRECTOR OF CORRECTIONS
By: ________________________
(This slip is to be signed by the Director of Corrections and immediately returned to the Clerk of Court)
3.15. Order to Archive
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
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PEOPLE OF THE PHILIPPINES,
|
||
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Complainant,
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||
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- versus -
|
CRIM. CASE NO. ______
|
|
|
____________________________,
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||
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Accused.
|
ORDER
It appearing from the record of the above-entitled case that the accused __________________________________________________ is/are still at large notwithstanding the lapse of six (6) months since the order of arrest was issued, and in order that this case may not appear pending for an indefinite period of time;
IT IS HEREBY ORDERED that the above-entitled case be archived without prejudice to reactivation upon the apprehension of accused.
_______________, Philippines, __________ 20____.
___________________
3.16. Notice to Complainant of Filing of Information for Estafa
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
OFFICE OF THE CLERK OF COURT
|
PEOPLE OF THE PHILIPPINES,
|
CRIM. CASE NO. ___________
|
|
|
Complainant,
|
||
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- versus -
|
For: ESTAFA/VIOLATION OF | |
| the REVISED PENAL CODE | ||
|
____________________________
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||
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____________________________,
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||
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Accused.
|
TO: (Private Complainant)
GREETINGS:
In connection with the criminal case(s) for ESTAFA against the above-named accused, you are given FIFTEEN (15) DAYS from the date of its filing with this Office on _______________ to manifest whether or not the civil liability arising from the crime charged in the amount of P_____________________ would be separately prosecuted, otherwise, you are required to pay the filing fees in the amount of P____________________ pursuant to Section 20 of Rule 141, as amended by A.M. No. 00-2-01 dated September 14, 1999.
__________________, _____________, 20____.
___________________
Enclosed:
1. Breakdown of payments
2. Information
4. SHERIFF'S FORMS
4.1. Return of Summons (personal service) *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/Petitioner,
|
||
|
- versus -
|
CASE NO. ____________
|
|
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___________________________,
|
||
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Defendant/Respondent.
|
SHERIFF'S RETURN OF SUMMONS
THIS IS TO CERTIFY that on ____________________ (date), the undersigned served the summons, together with a copy of the Complaint/Petition, personally upon defendant/respondent ____________________ (name) who signed/refused to acknowledge receipt thereof.
The original copy of the summons is, therefore, respectfully returned, DULY SERVED.
__________________, _____________, 20____.
___________________
* Rule 14, Sections 6 and 4.
4.2. Return of Summons (substituted service) *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
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Plaintiff/Petitioner,
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||
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- versus -
|
CASE NO. ____________
|
|
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___________________________,
|
||
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Defendant/Respondent.
|
SHERIFF'S RETURN OF SUMMONS
THIS IS TO CERTIFY that on ____________________ (date), the undersigned served the summons, together with a copy of the Complaint/Petition, upon defendant/respondent __________________ (name) at _______________________________ (address) thru ______________________ (representative), a person of suitable age and discretion residing therein/a competent person in charge of defendant's office or regular place of business, who signed/refused to acknowledge receipt thereof.
Substituted service was resorted to because defendant/respondent cannot be served promptly in person for the following justifiable reasons: ______________________________
The original copy of the summons is, therefore, respectfully returned, DULY SERVED.
__________________, _____________, 20____.
___________________
* Rule 14, Sections 7 & 4.
4.3. Return of Summons (personal and substituted service) *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
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Plaintiff/Petitioner,
|
||
|
- versus -
|
CASE NO. ____________
|
|
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___________________________,
|
||
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Defendant/Respondent.
|
SHERIFF'S RETURN OF SUMMONS
| [ ] Individual Person | [ ] Minor | [ ] Prisoner | [ ] Insane/Incompetent |
| [ ] Served Personally | [ ] Substituted service | ||
| Corporation/Partnership/Association: | |||
| [ ] Private | [ ] Foreign Private | [ ] Public | [ ] Others _________ |
Thru: _____________________ Designation: ___________________
THIS IS TO CERTIFY that the undersigned served the summons on __________________ at ___________________ in the following manner:
That the summons issued on ___________________ in the above-entitled case together with a copy of the Complaint/Petition were served upon defendant/respondent ______________________ personally/thru _____________________ a person residing/employed thereat, of sufficient age and discretion to receive such court process who signed/refused to acknowledge receipt thereof.
That diligent efforts were exerted to serve the summons personally upon defendant/respondent, but the same proved ineffectual. (for substituted service)
WHEREFORE, the original copy of the summons is now hereby respectfully returned DULY SERVED.
__________________, _____________, 20____.
___________________
* Rule 14, Sections 4 and 18.
4.4. Return of Summons (unserved)
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/Petitioner,
|
||
|
- versus -
|
CIVIL CASE NO. _______
|
|
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___________________________,
|
||
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Defendant/Respondent.
|
SHERIFF'S RETURN OF SUMMONS
THIS IS TO CERTIFY that the undersigned caused the service of summons on several occasions upon defendant/respondent ____________________ at ____________________ but failed and unavailing on the ground that _____________________________ (state reasons for the failure of service).
The summons is hereby respectfully returned UNSERVED.
__________________, _____________, 20____.
___________________
* Rule 14, Sec. 5.
4.5. Return of Subpoena *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
OFFICER'S RETURN OF SUBPOENA
I hereby certify that I served a copy of the subpoena/subpoena duces tecum upon __________________________________________
________________, this ____ day of ____________, 20____.
___________________
* Rule 21, Sec. 6.
4.6. Return of Writ of Execution
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
RETURN OF WRIT OF EXECUTION
This writ of execution received on the _____ day of _________ 20_____ and served on the ________ day of _____________ 20_____, is returned with the following report on the proceedings: _____________________________________________________________________________________________________________________________________
IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ________________, 20_____.
___________________
Sheriff's fees, P_________________
4.7. Return of Levy on Execution
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
|
|
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Plaintiff/s,
|
|
|
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- versus -
|
CASE NO. ____________
|
|
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___________________________,
|
|
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Defendant/s.
|
|
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SHERIFF'S RETURN
I HEREBY CERTIFY that on _________________, I served a copy of the writ of execution issued by the Hon. _________________, Judge of ____________ on _________________, in the above-entitled case, on the defendant/s ____________ personally/thru ___________, a person of sufficient age and discretion and working/residing at said address; and that at the same time I demanded from/thru said ___________, the payment of the full amount of said execution, to which demand, however, he/she/they replied that the defendant/s has/have no funds then with which to pay the execution. I further certify that at the instance of the plaintiff's counsel, Atty. _______________, and by virtue of said writ, I levied upon the personal properties of said defendant/s ___________________ located at his/her/their address/residence aforementioned, which property/ies is/are more particularly described as follows, to wit:
The above-described personal property/ies is/are presently under the custody and safekeeping of our sheriff's guard ___________________ at the office/residence of the defendant/s mentioned above, pending further proceedings under the law.
__________________, _____________, 20____.
___________________
4.8. Notice of Extra-judicial Sale
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
NOTICE OF EXTRA-JUDICIAL SALE *
Upon extra-judicial petition for sale under Act No. 3135/1508 filed by __________________ against (name and address of mortgagor/s) to satisfy the mortgage indebtedness which as of _______________ 200___ amounts to P_______________, excluding penalties, charges, attorney's fees and expenses of foreclosure, the undersigned or his duly authorized deputy will sell at public auction on _______________ 200___ at 10:00 A.M. at the main entrance of the ______________ (place of sale) to the highest bidder, for cash or manager's check and in Philippine Currency, the following property with all its improvements, to wit:
Description of Property
All sealed bids must be submitted to the undersigned on the abovestated time and date.
In the event the public auction should not take place on the said date, it shall be held on ___________________, 20____ without further notice.
__________________, _____________, 200___.
___________________ Ex-Officio Sheriff
* Circular No. 7-2002.
4.9. Notice to Parties of Sheriff's Public Auction Sale
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
NOTICE TO PARTIES OF SHERIFF'S PUBLIC AUCTION SALE
TO:
RE:
GREETINGS:
Enclosed herewith is a copy of our Notice of Sale on Execution/Extra-judicial Foreclosure of Real Property (No. ________) issued in the above-mentioned foreclosure proceedings/case. You or your authorized representative are requested to be present at the auction sale to be held at __________________ on ____________, at __________ o'clock in the morning/afternoon.
Failure of the plaintiff/mortgagee or his representative to attend, without previously notifying the undersigned Sheriff of his/her desire to cancel the sale or not to proceed with the auction sale unless he/she is present therein, shall be construed as a waiver of his/her right to be present, and the auction sale shall be held as scheduled. Agreements to postpone the sale must be submitted for approval before the hour of the scheduled sale.
________________, Philippines, _______________,20___.
___________________
4.10. Notice of Sale of Execution of Real Property *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
NOTICE OF SALE ON EXECUTION OF REAL PROPERTY
WHEREAS, by virtue of an Order of Execution issued by the Hon. ___________________ Judge of the ___________________, on ____________________, in Civil Case No. ______________ wherein __________________ is/are the plaintiff/s and _________________ is/are the defendant/s ___________________ for the recovery of the sum of P _________________, with interests, and costs, etc., levy was made by Sheriff ___________________ on _________________, thru the Register of Deeds _________________________, on the rights, interests, and participation of said defendant/s _________________________________ in the real property more particularly described as follows:
NOW, THEREFORE, by virtue of said Order of Execution and in accordance with Rule 39, Section 19, of the Rules of Court, Sheriff __________________ will sell at public auction to the highest bidder, for CASH and in Philippine Currency, on ___________________, at ________ o'clock in the morning/afternoon, at __________________ Province/City of __________________, the rights, interests and participation of defendant/s ____________________, in the above-described real property in order to satisfy said Order of Execution, together with interests, costs, sheriff's fees and the expenses of sale.
__________________, _____________, 20____.
___________________
WARNING
It is absolutely prohibited to
* Rule 39, Sec. 15.
4.11. Notice of Sale of Execution of Personal Property *
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
NOTICE OF SALE ON EXECUTION OF PERSONAL PROPERTY
WHEREAS, by virtue of an Order of Execution issued by the Hon. ____________________, Judge of the ____________________ of ____________________, on __________________, in Civil Case No. _________________ wherein ____________________ is/are the plaintiff/s and ____________________ is/are the defendant/s for the recovery of the sum of P__________________, with interests, and costs, etc., levy was made on _____________________ by Sheriff ____________________, upon the personal property/ies of _______________________ which is/are more particularly described as follows:
NOW, THEREFORE, by virtue of said Order of Execution and in accordance with Rule 39, Section 19, of the Rules of Court, Sheriff will sell at public auction to the highest bidder, for CASH and in Philippine Currency, on ________________, 2____, at _________ o'clock in the morning/afternoon, thereafter at ___________________ Province/City of ______________________, the above-described properties in order to satisfy said Order of Execution, together with interests, costs, sheriff's fees and the expenses of sale.
__________________, _____________, 20____.
___________________
WARNING
It is absolutely prohibited to
* Rule 39, Sec. 15.
4.12. Notice of Filing of Indemnity Bond
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
NOTICE OF FILING OF INDEMNITY BOND
_____________ 20___
M_____________________ (Third Party Claimant)
Sir/Madam:
In connection with the third-party claim filed by you with this Office on the following personal/real property/ies, to wit:
which property/ies was/were attached/levied upon/seized by us at the instance and indication of the plaintiff in the above-entitled case, please be informed that, upon demand, plaintiff _________________ filed on __________________, with the Office of the Clerk of Court and Ex-Officio Sheriff of this Court an indemnity bond in the sum of P______________, thru ______________, to answer for your third-party claim, in accordance with law.
No claim for damages may be enforced against the indemnity bond unless the action therefor is filed within one hundred twenty (120) days from the date of the filing of the bond pursuant to the provision of Section 14 Rule 57 (Attachment) Section 16, Rule 39 (Execution) Section 7 Rule 60 (Replevin) of the Rules of Court.
Please be guided accordingly.
Very respectfully yours,
___________________
NOTE:
In replying or communicating with us regarding the above-entitled case, please mention the name of the deputy sheriff in-charge thereof.
4.13. Notice of Filing of Third-Party Claim
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______
|
|
|
___________________________,
|
||
|
Defendant/s.
|
NOTICE OF FILING OF THIRD-PARTY CLAIM
TO: ______________________ (plaintiff or his Attorney)
GREETINGS:
You are hereby notified that on ________________, at ______ o'clock in the ____________, ________________ of ______________ filed with this office an AFFIDAVIT OF THIRD PARTY CLAIM of ownership/possession on the property attached/seized/levied upon at your instance in the above-entitled case, which property claimed is/are particularly described as follows:
The Ex-officio Sheriff of this Court is not bound to keep the said property unless you execute in favor of the third-party claimant an indemnity bond equivalent to the value of the property claimed, in accordance with Rule 57, Sec. 14 (Attachment)/Rule 60, Sec. 7 (Replevin)/Rule 39, Sec. 16 (Execution) of the Rules of Court.
For this purpose, you are hereby required to post such indemnity bond approved by the Court from a qualified surety or bonding company in the amount of P_______________ with this Office, located at _______________________, not later than _______ o'clock A.M./PM. of the _______________ day of _________ 19___, OTHERWISE THE PROPERTY ATTACHED/SEIZED/LEVIED UPON SHALL BE RELEASED TO THE SAID THIRD-PARTY CLAIMANT.
_______________, Philippines, __________, 20____.
___________________
4.14. Certificate of Sale
(In case Third Party
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
CERTIFICATE OF SALE
(Real Estate Mortgage under Act 3135, as amended by Act 4118)
TO WHOM IT MAY CONCERN:
IT IS HEREBY CERTIFIED that by virtue of a Real Estate Mortgage Contact under Act 3135, as amended by Act 4118, executed on the day _______ of _____________, 20___ by ________________, Mortgagor, in favor of __________________, Mortgagee, _____, to secure payment of the principal sum of P________________, plus attorney's fees, sheriff's fees, and other necessary legal expenses, etc. and by virtue of a Deed of Assignment of said mortgage, subsequently executed by the Mortgagee ___________ on the _____ day of ____________ 20___, in favor of ___________________, Assignee, the undersigned Ex-officio Sheriff of ___________________ sold at public auction on this ______ day of ________________ 20___, to ____________________, the highest bidder _________________, with office address/residence at __________________, for the total sum of _____________________ PESOS (P__________) the real property/ies mentioned in said mortgage, which are particularly described as follows, to wit:
|
Description of Real Property
|
Highest Bid
|
IT IS FURTHER CERTIFIED that the said highest bidder ___________________ paid to the Office of the Clerk of Court of this Court the said sum of P_____________, representing the total/sale price of the mortgaged real property/ies above-described, on ________________, 19____, under Official Receipts Nos. ______________ (P____________-Trust fund) and _______________ (P___________-Fees), in partial/full satisfaction of the obligation under the Mortgage/and the Deed of Assignment mentioned above.
This Certificate of Sale is issued to said highest bidder __________________, under the guarantee prescribed by law.
It is hereby required of said highest bidder ___________________ that a statement of the amount of any assessments or taxes which may have been paid on account of this purchase, and such other liens chargeable to a redemptioner, WITH PROOFS THEREOF, all in accordance with Sec. 30 of Rule 39 of the Rules of Court, should be submitted to this Office, for purposes of computing the actual amount payable by the mortgagor/redemptioner, in case of redemption.
_______________, Philippines, __________, 20____.
___________________Ex-officio Sheriff
APPROVED:
___________________ Executive Judge
4.15. Notice of Garnishment
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______
|
|
|
___________________________
|
||
|
___________________________,
|
||
|
Defendant/s.
|
NOTICE OF GARNISHMENT
TO: __________________
GREETINGS:
You are hereby notified, that by virtue of the Writ of Execution dated ___________________, a copy of which is hereto attached and served upon you, GARNISHMENT is hereby made upon all the goods, effects, stocks, interests in stocks and shares, and any other personal properties in your possession or under your control belonging to the herein defendant/s ________________________________ sufficient to cover the amount mentioned in the writ especially the following, to wit:
You are further notified that you should not deliver, transfer or otherwise dispose of such property in your possession belonging to herein defendant/s to any person or entity except to the undersigned.
You are hereby requested to make a reply to this GARNISHMENT as to such property of the defendant/s in your possession or under your control or any debt owing to you and forward the same to the undersigned within FIVE (5) DAYS upon receipt hereof with a warning that if no reply is made, you will be examined under oath pursuant to Section 37 of Rule 39 (EXECUTION)/Sec. 10 of Rule 57 (ATTACHMENT) of the Rules of Court.
_______________, Philippines, __________, 20____.
___________________
4.16. Return on Garnishment
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CASE NO. ____________
|
|
|
___________________________,
|
||
|
Defendant/s.
|
SHERIFF'S RETURN ON GARNISHMENT
I CERTIFY that on __________________, I served the Notice of Garnishment, together with a copy of the Writ of Execution issued in the above-entitled case, on the _______________________ BANK, against the deposit of the defendants ______________________ under __________________, in PARTIAL/FULL SATISFACTION of the writ of execution, which amount I now apply in the following manner:
To be paid to the claimant/s __________________, the sum of P_________________.
Our Sheriff's percentage of collection, in accordance with law, in the sum of P____________, was paid under Official Receipt No. _____________, dated ____________________.
Upon receipt by the ______________________ of the above-stated sum of P_____________________, I will require the accomplishment of the corresponding Sheriff's Receipt Form therefor, which will be attached to, and made an integral part of, this return.
Thereafter, I shall return the original of the aforementioned writ of execution together with all its pertinent papers, to be attached to the records of the case, PARTIALLY/FULLY SATISFIED.
_______________, Philippines, __________, 20____.
___________________
4.17. Follow-up on Garnishment
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______
|
|
|
___________________________,
|
||
|
Defendant/s.
|
FOLLOW-UP ON GARNISHMENT
TO: _________________ _________________
GREETINGS:
We wish to invite your attention to our Notice of Garnishment which was served upon you on __________________, personally/through your ____________, by virtue of a writ of attachment/execution issued in the above-entitled case, to which no reply from you has been received by us despite the lapse of the 5-day period given therein.
We regret to inform you that for further failure on your part to make the necessary reply to our Notice of Garnishment within three (3) days from receipt hereof, you may be examined under oath pursuant to the provisions of Section 10 of Rule 57 (Attachment)/Section 37 of/Rule 39 (Execution) of the Rules of Court.
Very truly yours,
___________________
4.18. Return of Order of Attachment cDAITS
RETURN OF ORDER OF ATTACHMENT
REPUBLIC OF THE PHILIPPINES) S.S.
This Writ of Attachment was received on the _____ day of __________, 20___ and executed on the _____ day of __________, 20___, in the following manner:
(make a full statement of the proceedings and submit complete inventory of property attached)
In witness whereof, I have hereunto affixed my hand, this ______ day ___________ of ______________, 200___.
___________________
Sheriff's Fees Paid Under OR No. ________
* Rule 57, Sec. 6.
4.19. Order of Delivery of Money
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______
|
|
|
___________________________,
|
||
|
Defendant/s.
|
ORDER OF DELIVERY OF MONEY
____________________________
Dear Sir/Madam: ACTESI
With reference to your reply dated _________________ to our notice of garnishment in the above-entitled case, you are hereby requested to deliver and pay to this Office, through the bearer hereof, Deputy Sheriff __________________, the sum of ________________ PESOS (P____________) belonging to the judgment-debtor ________________ in certified check drawn in favor of the plaintiff _________________, so that we may apply said amount to the partial/full satisfaction of the writ of execution/attachment issued in the instant case.
Thank you for your cooperation.
Very truly yours,
___________________
4.20. Notice of Attachment/Levy upon Personalty
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
|
|
|
Plaintiff/s,
|
|
|
|
- versus -
|
CIVIL CASE NO. _______
|
|
|
___________________________,
|
|
|
|
Defendant/s.
|
|
|
NOTICE OF ATTACHMENT/LEVY UPON PERSONALTY
TO:
GREETINGS:
You are hereby notified by these presents that by virtue of an Order of Attachment/Execution issued by the Hon. _______________ presiding judge of this Court dated _____________ in the above-entitled case, copy of which is hereto attached, the rights, interests and participation which the defendant/s in the above entitled case ________________________, may have in the personal property/ies described as follows is/are hereby attached/levied upon, to wit: cHESAD
Please make the proper annotation in the books of your Office.
NOTE: If this Notice of Attachment/Levy is technically or substantially defective or erroneous, or if the property/ies herein sought to be attached/levied upon is/are not registered does/do not appear in the name of the above-named defendants at the time of this attachment/levy, request is hereby made that this Office be notified to that effect within five (5) days from receipt hereof, otherwise, the public auction of the rights, interests or participation of the defendant/s in the above described ______________________ may proceed, as the case may be.
________________, Philippines, _____________, 20____.
___________________
4.21. Notice of Attachment/Levy upon Realty
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______
|
|
|
___________________________,
|
||
|
Defendant/s.
|
NOTICE OF ATTACHMENT/LEVY UPON REALTY
TO: REGISTER OF DEEDS OF _______ ______________________________
GREETINGS: aHADTC
Please be notified that by virtue of the Order/Writ of ________________ issued in the above-entitled case, copy of which is hereto attached, the rights and participation which the defendant/s, ___________________, may have in the realty described as follows are hereby attached/levied upon, to wit:
Please make the proper annotation in the books of your Office.
________________, Philippines, _____________, 20____.
___________________
4.22. Notice of Lifting or Discharge of Levy/Attachment upon Realty/Motor Vehicle/Vessel
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______
|
|
|
___________________________,
|
||
|
Defendant/s.
|
NOTICE OF LIFTING OR DISCHARGE OF LEVY/ATTACHMENT UPON REALTY/MOTOR VEHICLE/VESSEL
TO:
GREETINGS:
You are hereby notified that by virtue of the Order/Writ of _______________ issued in the above-entitled case on ____________, upon written petition/request of the plaintiff ______________/Atty. ________________ counsel for the plaintiff, dated ____________, a self-explanatory true copy of which is hereto attached for your information, the levy/attachment made by this Office through the notice of levy upon realty/motor vehicle/vessel described as follows, to wit: cDEICH
is HEREBY LIFTED, CANCELLED AND CONSIDERED WITHOUT EFFECT.
Please make the proper annotation in the books of your Office.
________________, Philippines, _____________, 20____.
___________________
4.23. Notice of Lifting of Levy/Attachment thru Notice of Garnishment cCTaSH
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______
|
|
|
___________________________,
|
||
|
Defendant/s.
|
NOTICE OF LIFTING OF LEVY/ATTACHMENT
THRU NOTICE OF GARNISHMENT
________________________
GREETINGS:
You are notified that by virtue of the Order issued in the above-entitled case on _____________ by Hon. __________________ Judge of the _______________, upon written petition/request of the plaintiff, ________________ or his counsel, Atty. __________________, dated _______________, a self-explanatory true copy of which is hereto attached for your information, the levy/attachment made by the undersigned Sheriff, through the Notice of Garnishment issued and served by us on you on ___________________, upon the goods, effects, interests, credits, money, stocks, shares, debts, etc., belonging to the defendant, ____________________ in your possession and/or under your control, especially the
is HEREBY LIFTED, CANCELLED AND CONSIDERED WITHOUT EFFECT.
Please make the proper annotation in the books of your Office.
________________, Philippines, _____________, 20____.
___________________
4.24. Return on Replevin
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
|
___________________________,
|
||
|
Plaintiff/s,
|
||
|
- versus -
|
CIVIL CASE NO. _______
|
|
|
___________________________,
|
||
|
Defendant/s.
|
SHERIFF'S RETURN ON REPLEVIN
This certifies that on _____________, 20___, I served the writ of replevin addressed to me, together with a copy of the plaintiff's affidavit and bond, and the summons with a copy of the complaint, on the defendant/s __________________ at his/their residence/place of business ___________________________ personally/in the following manner ______________________________________________; aEDCSI
That by virtue of the writ of replevin, I seized the personal property subject thereof and described as follows:
That during the 5-day period from seizure on _____________, 20___, I did not receive any order from the Court discharging the writ of replevin on account of the filing of a counter-bond by the said defendant/s, nor of any petition filed by him/them objecting to the sufficiency of the plaintiff's bond or of the sureties thereon; and
That, consequently, in accordance with law, I delivered on this date the above-described property to the plaintiff, personally/through his/its duly authorized representative, ________________, to his/their entire and complete satisfaction as per receipt below.
WHEREFORE, I now respectfully return the original of the writ of replevin duly complied with, and of the summons duly served, to the Court of origin,
________________, Philippines, _____________, 20____.
___________________
RECEIPT OF POSSESSION
RECEIVED from Sheriff ___________________ the above-mentioned seized property/ies to my entire and complete satisfaction.
___________________
By: ____________________
4.25. Sheriff's Itemized Estimated Amount of Expenses
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
CASE NO. _____________
BRANCH ______________
COMES NOW, undersigned ___________________________ (name of executing sheriff/process server) unto this Honorable Court respectfully submits herein Itemized Estimated Amount of Expenses under Rule 141, Revised Rules of Court of the Philippines for its approval to effect service of ____________________. HTaIAC
PARTICULARS OF EXPENSES:
Upon approval of said estimated expenses, the interested party shall deposit such amount with the Clerk of Court and Ex-Officio Sheriff who shall disburse the same to the assigned executing officer to effect the process subject to liquidation within the same period for rendering a return on the process.
________________, Philippines, _____________, 200___.
_________________________
RECOMMENDING APPROVAL:
___________________________Ex-Oficio Sheriff
APPROVED:
_________________________
4.26. Sheriff's Disbursement Voucher
Republic of the Philippines
__________________ COURT
____________ Judicial Region
Branch __________
DISBURSEMENT VOUCHER
| NAME AND ADDRESS OF CLAIMANT | ||
| PARTICULARS OF PAYMENT | AMOUNT | |
| CERTIFIED: | (Expenses/Cash Advance necessary, lawful and incurred | |
| under my direct supervision) | ||
|
_________________________
|
||
|
(Print Name & Designation)
|
||
|
Signature of Officer
|
| Sheriff's Trust Fund; expenditure | |
| properly certified; supported by | |
| documents; previous cash advances/ |
Approved for (P___________)
|
| liquidate/accounted for |
_________________________
|
|
_________________________
|
|
|
_________________________
|
|
|
(amount in words)
|
|
|
________________________________________
|
|
|
Printed Name and Signature of Clerk of Court
|
|
APPROVED FOR RELEASE TO
|
RECEIVED FROM
|
|
|
CLAIMANT
|
|
|
_____________________
|
|
|
Releasing Officer
|
|
_____________________
|
_______________________
|
|
(Executive Judge)
|
(Printed Name &
|
|
|
Signature of Claimant)
|
5. FINANCIAL MATTERS
5.1. Legal Fees Form DAESTI
Republic of the Philippines
_____________ TRIAL COURT
____________ Judicial Region
_________________
LEGAL FEES FORM
CASE NO. __________
RECEIVED this ______ day of _______________ 20___ the following payments:
| 1. | General Fund | |||
| a. | Clerk of Court | |||
| General Fund | P____________ | O.R. No. ___________ | ||
| b. | Sheriff's | |||
| General Fund | P____________ | O.R. No. ___________ | ||
| 2. | Judiciary Development | |||
| Fund | P____________ | O.R. No. ___________ | ||
| 3. | Fiduciary Fund | P____________ | O.R. No. ___________ | |
| 4. | Sheriff's Trust Fund | P____________ | O.R. No. ___________ | |
| 5. | Legal Research Fee | P____________ | O.R. No. ___________ | |
| 6. | Land Registration Fee | P____________ | O.R. No. ___________ | |
| 7. | Victims Compensation | |||
| Fee | P____________ | O.R. No. ___________ | ||
| TOTAL | P____________ | |||
| Paid by: | Received by: | |||
| _______________________ | _______________________ | |||
| (Note: _____________________) |
5.2. Statement of Unwithdrawn Fiduciary Fund
Republic of the Philippines
_______ Judicial Region
|
__________________________,
|
__________________________
|
|
(Court)
|
(Station)
|
STATEMENT OF UNWITHDRAWN FIDUCIARY FUND
|
|
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|
DATE
|
|
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DATE OF
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COURT
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PTO/CTO/
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DEPOSITED
|
CASE
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NAME OF LITIGANTS
|
AMOUNT
|
|
COLLECTION
|
OR NO.
|
MTO
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PTO/CTO/
|
NO.
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MTO/LBP
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|
___________________
|
_________
|
|
___________
|
_______
|
_________
|
___________
|
______
|
___________________
|
_________
|
|
___________
|
_______
|
_________
|
___________
|
______
|
___________________
|
_________
|
|
___________
|
_______
|
_________
|
___________
|
______
|
___________________
|
_________
|
|
___________
|
_______
|
_________
|
___________
|
______
|
___________________
|
_________
|
|
|
|
|
|
|
|
TOTAL
|
| NOTED: |
|
|
|
________________________
|
|
|
Outgoing Clerk of Court
|
|
________________________
|
Acknowledged by:
|
|
Provincial Treasurer
|
|
|
|
________________________
|
|
|
Incoming Clerk of Court
|
| NOTED: |
|
|
________________________
|
|
|
Executive/Presiding Judge
|
|
5.3. Inventory of Official Receipts
Republic of the Philippines
_______ Judicial Region
|
__________________________,
|
__________________________
|
|
(Court)
|
(Station)
|
INVENTORY OF OFFICIAL RECEIPTS
|
No. of
|
Date
|
Series of O.R.s
|
To what Funds
|
Period Covered
|
Balance
|
|
Booklets
|
Received
|
|
Used
|
|
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
|
_______
|
________
|
___________
|
______________
|
____________
|
_______
|
| NOTED: | |
|
|
__________________________
|
|
|
(Signature over Printed Name)
|
|
__________________________
|
__________________________
|
|
(Executive Judge)
|
(Designation)
|
5.4. Summary of Interest Earned on Fiduciary Fund
Republic of the Philippines
_______ Judicial Region
|
__________________________,
|
__________________________
|
|
(Court)
|
(Station)
|
|
SUMMARY OF INTEREST EARNED ON FIDUCIARY FUND
|
|
|
__________________________
|
__________________________
|
|
(Depository Bank)
|
(Account No.)
|
|
|
|
|
|
|
|
|
AMOUNT
|
|
|
PERIOD
|
GROSS
|
WITHHOLDING
|
NET
|
DATE
|
GENERAL
|
DATE
|
REMITTED
|
DATE
|
|
COVERED
|
INTEREST
|
TAX
|
INTEREST
|
WITHDRAWN
|
FUND
|
OF O.R.
|
TO JDF
|
REMITTED
|
|
|
|
|
|
|
O.R. NO.
|
(G.F.)
|
|
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
_________
|
__________
|
_____________
|
__________
|
_____________
|
_________
|
__________
|
__________
|
__________
|
|
TOTAL
|
|
|
|
|
|
|
|
|
__________________________
__________________________
5.5. List of Checks Issued Representing Withdrawals of Fiduciary Fund Collections
Republic of the Philippines
_______ Judicial Region
|
__________________________,
|
__________________________
|
|
(Court)
|
(Station)
|
LIST OF CHECKS ISSUED REPRESENTING WITHDRAWALS OF FIDUCIARY FUND COLLECTIONS
|
CHECK
|
DATE OF
|
COURT
|
DATE OF
|
|
|
DATE OF
|
|
NO.
|
CHECK
|
O.R. NO.
|
COURT
|
PAYEE
|
AMOUNT
|
ENCASHMENT
|
|
|
ISSUED
|
|
O.R.
|
|
|
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
|
________
|
_________
|
________
|
__________
|
_______________
|
_________
|
_____________
|
| NOTE: |
|
|
|
|
|
|
| 1. Check numbers should be in numerical sequence. |
|
|
|
|
||
| 2. In case of cancelled (erroneous issuance)/unused checks, the originals should be presented. |
|
|
NOTED:
__________________________
|
__________________________
|
__________________________
|
|
(Executive Judge)
|
(Designation)
|
5.6. Report of Collections and Deposits
Report of Collections and Deposits for____________________________________________
5.7. Report of Collections/Deposits/Withdrawals and Disbursement for Clerk of Court Fiduciary Fund/Sheriff Trust Fund
Report of Collections/Deposits/Withdrawals and Disbursement for Clerk of Court Fiduciary Fund/Sheriff Trust FundFor the month of _____________________ 200___
| SUMMARY: | |||
| FIDUCIARY FUND ON HAND | |||
| (Beginning of the month) | P_______ | ||
| Add: | AMOUNT RECEIVED DURING | ||
| THE MONTH (column 5) | P_______ | ||
| WITHDRAWAL FROM | |||
| DEPOSITORY AGENCY (Column 9) | P_______ | ________ | |
| TOTAL FIDUCIARY FUNDS ON | |||
| HAND DURING THE MONTH | P_______ | ||
| Less: | DEPOSITS MADE DURING | ||
| THE MONTH (column 7) | P_______ | ||
| REFUNDS TO PARTIES DURING | |||
| THE MONTH (column 13) | P_______ | P_______ | |
| FIDUCIARY FUNDS ON HAND | |||
| (End of the month) ("A") | P________ | ||
| Add: | DEPOSITS WITH DEPOSITORY | ||
| AGENCY (Beginning of the month) | P_______ | ||
| DEPOSITS MADE DURING THE | |||
| MONTH (column 7) | P_______ | ||
| TOTAL | P_______ | ||
| Less: | WITHDRAWAL FROM DEPOSITORY | ||
| AGENCY (column 9) | P_______ | ||
| TOTAL FIDUCIARY FUNDS ON DEPOSIT | |||
| WITH DEPOSITORY AGENCY | |||
| (end of the month) ("B") | ________ | ||
| BALANCE OF UNWITHDRAWN FIDUCIARY | |||
| FUNDS (end of the month) ________, 20___ | P________ |
|
Prepared by:
|
CERTIFIED CORRECT:
|
|
_____________________
|
______________________
|
|
|
Clerk of Court
|
5.8. Report of Collections and Deposits for Judiciary Development Fund HTcADC
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
JUDICIAL REGION
OFFICE OF THE CLERK OF COURT
REPORT OF COLLECTIONS AND DEPOSITS FOR JUDICIARY DEVELOPMENT FUND
|
DATE
|
O.R. NO.
|
PARTICULARS
|
TOTAL
|
DOCKET/
|
OTHER MISCL.
|
|
|
|
|
COLLECTIONS
|
FILING FEES
|
INCOME
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
_______
|
_________
|
___________________
|
______________
|
______________
|
_____________
|
|
Prepared by: __________________
|
Respectfully Submitted:
|
|
Date: ________________________
|
_____________________
|
|
|
Clerk of Court
|
5.9. Monthly Report of Collections and Remittances for the Clerk of Court — General Funds
Republic of the Philippines
REGIONAL TRIAL COURT
_________ Judicial Region
OFFICE OF THE CLERK OF COURT
_________________________
MONTHLY REPORT OF COLLECTIONS and REMITTANCES FOR THE CLERK OF COURT — GENERAL FUND
|
|
|
|
|
CLEARANCE
|
|
|
|
DATE
|
O.R. NO.
|
CASE NO.
|
DOCKET
|
COMM. FEES
|
FINES
|
TOTAL
|
|
|
|
|
FILING FEES
|
& OTHERS
|
FORFEITURES
|
COLLECTIONS
|
|
______
|
_______
|
_________
|
____________
|
______________
|
______________
|
_____________
|
|
______
|
_______
|
_________
|
____________
|
______________
|
______________
|
_____________
|
|
______
|
_______
|
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TOTALS
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| BALANCE OF COLLECTIONS (Beginning of the month) | P___________________ |
| Add: COLLECTIONS FOR THE MONTH | P___________________ |
| TOTAL ACCOUNTABILITY | P___________________ |
| Less: AMOUNT REMITTED FOR THE MONTH | P___________________ |
| BALANCE OF COLLECTIONS (End of the month) | P___________________ |
| Prepared by: |
CERTIFIED CORRECT:
|
| _____________________ |
_____________________
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| Date _________________ |
Clerk of Court
|
5.10. Monthly Report of Collections and Remittances for the Sheriff's General Fund ISCTcH
Republic of the Philippines
REGIONAL TRIAL COURT
_________ Judicial Region
OFFICE OF THE CLERK OF COURT
_________________________
MONTHLY REPORT OF COLLECTIONS AND REMITTANCES FOR SHERIFF's GENERAL FUND
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NATURE OF
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TOTAL
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DATE
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O.R. NOS.
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CASE NO.
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COLLECTIONS
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COLLECTIONS
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TOTAL
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| BALANCE OF COLLECTIONS (Beginning of the month) | P__________ |
| Add: COLLECTIONS FOR THE MONTH | __________ |
| TOTAL ACCOUNTABILITY | P__________ |
| Less: AMOUNT REMITTED FOR THE MONTH | P__________ |
| BALANCE OF COLLECTIONS (End of the month) | P__________ |
| Prepared by: |
CERTIFIED CORRECT:
|
| _____________________ |
_____________________
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| Date _________________ |
Clerk of Court
|
6. MISCELLANEOUS
6.1. Revised Monthly Report of Cases (SC Form No. 1)
SC FORM 1 (Revised January 2002)
ITEM NO. VI — LIST OF CASES SUBMITTED FOR DECISION BUT NOT YET DECIDED AT THE END OF THE MONTH
(Included Cases Previously Submitted For Decision That Are Still Undecided)
ITEM NO. VII — NUMBER OF DETENTION PRISONERS AT THE END OF THE MONTH * ______
ITEM NO. VIII — NUMBER OF ACCUSED AT LARGE AT THE END OF THE MONTH ______ TCaADS
ITEM NO. IX — NUMBER OF PROBATION CASES:
| a. | Number of probation cases pending at |
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| the beginning of the month |
______
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| b. | Number of probation cases approved |
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| during the month |
______
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| c. | Number of probation cases revoked |
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| during the month |
______
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| d. | Number of probation cases terminated |
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| during the month |
______
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| e. | Number of probation cases pending at |
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| the end of the month |
______
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ITEM NO. X — WARRANTS, TEMPORARY RESTRAINING ORDERS (TRO's), INJUNCTIONS ISSUED DURING THE MONTH:
| a. | Number of search warrants issued |
______
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| b. | Number of warrant of arrests issued |
______
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| c. | Number of temporary restraining orders |
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| (TRO's) issued |
______
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| d. | Number of preliminary injunctions issued |
______
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ITEM NO. XI — AGING OF PENDING CASES
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Civil/Others
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| a. | Less than 1 year |
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| b. | 1 year to less than 2 years |
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| c. | 2 years to less than 3 years |
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| d. | 3 years to less than 4 years |
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| e. | 4 years to less than 5 years |
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| f. | 5 years to less than 6 years |
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| g. | 6 years to less than 7 years |
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| h. | 7 years to less than 8 years |
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| i. | 8 years to less than 9 years |
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| j. | 9 years to less than 10 years |
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| k. | 10 years or more |
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| TOTAL PENDING CASES |
______
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______
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* This ITEM refers to the ACTUAL number of detention prisoners, regardless of the number of criminal cases involving detention prisoners under ITEM NO. IV, Column (1), e.g.: If Mr. A is accused three (3) counts of Murder and is under detention, the figure to be entered under ITEM NO. IV Column (1) is "3", but in ITEM NO. VII, the entry should only be "1" as there is only one (1) detained person. Corollary, if Mr. A, Mr. B, and Mr. C are accused of Rape and are all detained, the figure to be entered under n CASaEc
ITEM NO. XII — DECISION/FINAL ORDERS APPEALED/ELEVATED FOR REVIEW DURING THE MONTH:
| A. | NUMBER OF DECISIONS APPEALED: |
|
| 1. | METC/MTCC/MTC/MCTC/ to RTC |
______
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| 2. | RTC To SANDIGANBAYAN |
______
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| 3. | RTC To COURT OF APPEALS |
______
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| 4. | RTC To SUPREME COURT |
______
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| TOTAL |
______
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B. NUMBER OF INTERLOCUTORY MATTERS ELEVATED FOR REVIEW DURING THE MONTH:
| 1. | METC/MTCC/MTC/MCTC/ to RTC |
______
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| 2. | RTC To SANDIGANBAYAN |
______
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| 3. | RTC To COURT OF APPEALS |
______
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| 4. | RTC To SUPREME COURT |
______
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| TOTAL |
______
|
ITEM NO. XIII — COURT SESSIONS DURING THE MONTH:
A. PLACE/S WHERE COURT SESSIONS WAS/WERE HELD __________________________________________________
B. NUMBER OF DAYS OF COURT SESSIONS ________
ITEM NO. XIV — OTHER ACTIVITIES PERFORMED DURING THE MONTH
A. NUMBER OF MARRIAGES SOLEMNIZED ______
B. NUMBER OF DOCUMENTS NOTARIZED ______
C. NUMBER OF OTHER ACTIVITIES PERFORMED (Depositions, Official Conferences, etc.) ______ CaTSEA
I HEREBY DECLARE UNDER OATH THAT THE INFORMATION IN THIS MONTHLY REPORT HAVE BEEN VERIFIED AS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, PURSUANT TO THE PROVISIONS OF EXISTING RULES/ADM. CIRCULARS:
| CERTIFIED CORRECT: | |
|
HON. ____________________
|
_________________________
|
|
PRESIDING JUDGE
|
CLERK OF COURT
|
|
(Acting/Assisting Judge)
|
(Branch Clerk of Court/OIC)
|
SUBSCRIBED AND SWORN TO before me this ______ day of _____________, 20____ at ______________________.
________________________________
N.B.: THIS REPORT MUST BE SUBMITTED OR MAILED WITHIN THE FIRST TEN (10) DAYS OF THE SUCCEEDING MONTH TO THE SUPREME COURT, ADDRESSED TO: THE CHIEF, STATISTICAL REPORTS DIVISION, CMO, OFFICE OF THE COURT ADMINISTRATOR, SUPREME COURT, ERMITA, MANILA 1000.
6.2. Docket Inventory of Cases
Docket Inventory for the Period1 January to 30 June 20___/1 July to 31 December 20___
Court and Station: ______________
Presiding Judge: ________________
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Date
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Date of
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Date of
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Last Trial/Court
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Date
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Case No.
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Title
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Filed/
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Pre-Trial/
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Initial
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Action taken and
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Submitted
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Raffled
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Arraignment
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Trial
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Date Thereof
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for
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Decision
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JOINT CERTIFICATION: aETADI
We hereby certify that on/from _______________ 20____, we personally conducted a physical inventory of pending cases in this court and that we personally examined the records of each case and initialled the last page thereof. We certify further that the results of the inventory are correctly reflected in the above tabulation.
|
_____________________
|
______________________________
|
|
Presiding Judge
|
Clerk of Court/Branch Clerk of Court
|
|
Date ______________
|
Date ______________
|
6.3. Notarial Register
6.4. Appointment/Commission of a Notary Public
Republic of the Philippines
REGIONAL TRIAL COURT
_________ Judicial Region
_________________________
KNOW ALL MEN BY THESE PRESENTS:
The undersigned Executive Judge, Regional Trial Court, _______ Judicial Region, _________________________ by virtue of the authority conferred upon him/her, hereby appoints:
(Admitted to the Philippine Bar on ________________) as NOTARY PUBLIC for and within ____________________ for the term ________________ to December 31, 20___.
The Notary Public shall comply strictly with the provisions of Sec. 247, Chapter II, Title III, Book I of the Revised Administrative Code (Notarial Law) especially in the submission of the monthly report. Failure to comply therewith shall result in the cancellation of the commission. SIAEHC
WITNESS MY HAND AND SEAL of this Court in ______________, Philippines this ____ day of ____________, 20___.
___________________
Attorney's Roll No. ________________
Note: I.B.P. and P.T.R. dues should be updated annually.
6.5. Oath of Office of a Notary Public
Republic of the Philippines
REGIONAL TRIAL COURT
_________ Judicial Region
_________________________
OATH OF OFFICE
I, _______________________, having been appointed Notary Public for and in ____________________, do hereby solemnly declare that I recognize and accept the supreme authority of the Republic of the Philippines, that I will maintain true faith and allegiance thereto; that I will support and defend the constitution of the Republic of the Philippines; that I will obey the laws, legal orders and decrees promulgated by its constituted authorities; that I will well and faithfully discharge to the best of my ability the duties of a Notary Public, and this obligation imposed by this Oath of Office is assumed by voluntarily without mental reservation or purpose of evasion. cAHIST
SO HELP ME GOD.
___________________
SUBSCRIBED and SWORN to before me this ______ day of _______________, 20____ at __________________, Philippines. Affiant exhibited to me his/her Community Tax Certificate No. ______________ issued on ______________ at ________________.
___________________
6.6. Certification of Commission of Notary Public
Republic of the Philippines
REGIONAL TRIAL COURT
_________ Judicial Region
_________________________
OFFICE OF THE CLERK OF COURT
TO WHOM IT MAY CONCERN:
I, ____________________, Clerk of Court of this Office, do hereby certify that Atty. ______________________ whose signature appears on the attached document, to wit:
was, at the time of signing the same, a Notary Public within and for ______________ commissioned, sworn and qualified to act as such for the period from ________________ to _________________; that he/she has on file in this office a copy of his/her application and appointment as Notary Public; that I have compared the signature to the annexed document and found no reason to believe that it is not genuine.
AFFIXED MY HAND SEAL of this Court, this ______ day of _______________, 20____.
___________________
Not valid without HaIATC
Control No. ___________
_____________________
O.R. No. _____________
6.7. Monthly Inventory Report
CHAPTER VII
First Level Courts
A. ORGANIZATIONAL CHARTS
1. METROPOLITAN TRIAL COURT
1.1. Single Sala Court
1.2. Branch of a Multiple Sala Court
1.3. Office of the Clerk of Court
1.3.1. 2-3 salas
1.3.2. 4-6 salas
1.3.3. 7-10 salas aHTcDA
1.3.4. 11-15 salas
1.3.5. 16-21 salas
1.3.6. 22-30 salas
2. MUNICIPAL TRIAL COURT IN CITIES
2.1. Single Sala Court
2.2. Branch of a Multiple Sala Court
2.3. Office of the Clerk of Court
2.3.1. 2-3 salas
2.3.2. 4-6 salas
2.3.3. 7-10 salas
3. MUNICIPAL TRIAL COURT
3.1. Single Sala Court
3.2. Branch of a Multiple Sala Court IEAacS
3.3. Office of the Clerk of Court
3.3.1. 2-3 salas
3.3.2. 4-6 salas
4. MUNICIPAL CIRCUIT TRIAL COURT
4.1. Single Sala Court
B. JURISDICTION
1. ORIGINAL JURISDICTION
1.1. Civil Cases
Sec. 33 of Batas Blg. 129, as amended by Rep. Act No. 7691, provides that Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts shall exercise exclusive original jurisdiction in the following cases:
1.1.1. Civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate or amount of the demand does not exceed One hundred thousand pesos (P100,000.00) or, in Metro Manila where personal property, estate, or amount of the demand does not exceed Two hundred thousand pesos (P200,000.00), exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs, the amount of which must be specifically alleged: Provided, That interest, damages of whatever kind, attorney's fees, litigation expenses, and costs shall be included in the determination of the filing fees; Provided, further, That where there are several claims or causes of actions between the same or different parties, embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, irrespective of whether the causes or action arose out of the same or different transactions. 1 IHaCDE
1.1.2. Cases of forcible entry and unlawful detainer: Provided, That when in such cases, the defendant raises the question of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession; and
1.1.3. Civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where such assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs; Provided, That in cases of land not declared for taxation purposes, the value of such property shall be determined by the assessed value of the adjacent lots.
1.2. Criminal Cases
Sec. 32 of Batas Blg. 129, as amended by Rep. Act No. 7691, provides that except in cases falling within the exclusive jurisdiction of the Regional Trial Courts and of the Sandiganbayan, Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts shall exercise exclusive original jurisdiction over:
1.2.1. All violations of city or municipal ordinances committed within their respective territorial jurisdiction.
1.2.2. 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: Provided, however, That in offenses involving damage to property through criminal negligence, they shall have exclusive original jurisdiction thereof. SEIDAC
1.3. Election Cases
1.3.1. Municipal and Metropolitan Trial Courts shall have original and exclusive jurisdiction over all cases of inclusion and exclusion of voters in their respective municipalities. 2
1.3.2. Metropolitan or Municipal Trial Courts shall have exclusive original jurisdiction over inclusion and exclusion cases and protests with respect to barangay elections. 3
1.3.3. Metropolitan or Municipal Trial Courts shall have exclusive original jurisdiction over violations of the Omnibus Election Code relating to the offense of failure to register or failure to vote. 4
1.3.4. Municipal or Metropolitan Trial Courts shall have jurisdiction over election contest for barangay offices. 5
2. DELEGATED JURISDICTION
Sec. 34 of Batas Blg. 129 provides that Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by the Supreme Court to hear and determine cadastral or land registration cases covering lots (a) where there is no controversy or opposition, or (b) contested lots where the value of the land does not exceed One hundred thousand pesos (P100,000.00).
3. PRELIMINARY INVESTIGATION
Sec. 37 of Batas Blg. 129 vests Municipal Trial Courts, and Municipal Circuit Trial Courts with authority to conduct preliminary investigation and preliminary examination as follows:
Judges of Municipal Trial Courts, and Municipal Circuit Trial Courts shall have authority to conduct preliminary investigation of crimes alleged to have been committed within their respective territorial jurisdictions, which are cognizable by the Regional Trial Courts. 6 IEDaAc
The preliminary investigation shall be conducted in accordance with Rule 112 of the Rev. Rules of Criminal Procedure (2000). The procedure in the conduct of preliminary investigation is discussed in 1.3.2. and 1.5.1. of this Chapter.
Sec. 1 of Rule 112 provides that except as provided in Sec. 7 of the Rule, a preliminary investigation is required to be conducted before the filing of a complaint or information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the fine.
4. SPECIAL JURISDICTION
Sec. 35 of Batas Blg. 129 provides that in the absence of all the Regional Trial Court Judges in a province or city, any Metropolitan Trial Judge, Municipal Trial Judge, Municipal Circuit Trial Judge may hear and decide petitions for a writ of habeas corpus or application for bail in criminal cases in the province or city where the absent Regional Trial Judge sits.
C. QUALIFICATIONS OF PERSONNEL
1. QUALIFICATION STANDARDS
1.1. Clerk of Court VI (Metropolitan Trial Courts with 13-30 salas) 7
| Education | - | Bachelor of Laws graduate |
| Experience | - | Two (2) years of relevant experience |
| Training | - | Eight (8) hours of relevant training |
| Eligibility | - | Rep. Act No. 1080 (Bar) |
1.2. Clerk of Court V (Metropolitan Trial Courts with 7-12 salas) 8 —
| Education | - | Bachelor of Laws graduate |
| Experience | - | One (1) year of relevant experience |
| Training | - | Four (4) hours of relevant training |
| Eligibility | - | Rep. Act. No. 1080 (Bar) |
1.3. Clerk of Court IV (Metropolitan Trial Courts with 1-6 salas and Municipal Trial Courts in Cities with 1-8 salas) 9 — IDTcHa
| Education | - | Bachelor of Laws graduate |
| Experience | - | Two (2) years of relevant experience |
| Training | - | Eight (8) hours of relevant training |
| Eligibility | - | Career Service (Professional) second level eligibility. |
1.4. Clerk of Court III (Metropolitan Trial Courts [Branch Clerk of Court and Assistant Clerk of Court] and Municipal Trial Courts in Cities [Branch Clerk of Court and Assistant Clerk of Court]) 10
| Education | - | Bachelor of Laws graduate |
| Experience | - | One (1) year of relevant experience |
| Training | - | Four (4) hours of relevant training |
| Eligibility | - | Career Service (Professional) second level eligibility |
1.5. Clerk of Court II (Municipal Circuit Trial Courts [all salas], Municipal Trial Courts [1-4 salas], and Shari'a Circuit Courts [all salas]) 11 —
| Education | - | Bachelor's degree relevant to the job |
| Eligibility | - | Career Service (Professional) second level eligibility |
1.6. Records Officer III (Metropolitan Trial Courts [22-30 salas]) —
| Education | - | Bachelor's degree |
| Experience | - | Two (2) years of relevant experience |
| Training | - | Eight (8) hours of relevant training |
| Eligibility | - | Career Service (Professional) second level eligibility. |
1.7. Administrative Officer III (Metropolitan Trial Courts [22-30 salas])
| Education | - | Bachelor's decree |
| Experience | - | Two (2) years of relevant experience |
| Training | - | Eight (8) hours of relevant training |
| Eligibility | - | Career Service (Professional) second level eligibility |
1.8. Cashier III (Metropolitan Trial Courts [22-30 salas]) DIHETS
| Education | - | Bachelor's degree |
| Experience | - | Two (2) years of relevant experience |
| Training | - | Eight (8) hours of relevant training |
| Eligibility | - | Career Service (Professional) second level eligibility |
1.9. Clerk of Court I (Municipal Trial Courts [Branch Clerk of Court]) 12
| Education | - | Bachelor's degree relevant to the job |
| Eligibility | - | Career Service (Professional) second level eligibility |
1.10. Records Officer II (Metropolitan Trial Courts [16-95 salas])
| Education | - | Bachelor's degree |
| Experience | - | One (1) year of relevant experience |
| Training | - | Four (4) hours of relevant training |
| Eligibility | - | Career Service (Professional) second level eligibility |
1.11. Records Officer I (Metropolitan Trial Courts and Municipal Trial Courts in Cities)
| Education | - | Bachelor's degree |
| Eligibility | - | Career Service (Professional) second level eligibility |
1.12. Court Legal Researcher I (Metropolitan Trial Courts, Municipal Trial Courts in Cities)
| Education | - | Bachelor's degree relevant to the job |
| Eligibility | - | Career Service (Professional) second level eligibility |
1.13. Administrative Officer II (Metropolitan Trial Courts 16-72 salas)
| Education | - | Bachelor's degree |
| Experience | - | One (1) year of relevant experience |
| Training | - | Four (4) hours of relevant training |
| Eligibility | - | Career Service (Professional) second level eligibility |
1.14. Administrative Officer I (Metropolitan Trial Courts [22-30 salas]) ISCcAT
| Education | - | Bachelor's degree |
| Eligibility | - | Career Service (Professional) second level eligibility |
1.15. Cashier II (Metropolitan Trial Courts [22-30 salas])
| Education | - | Bachelor's degree |
| Experience | - | One (1) year of relevant experience |
| Training | - | Four (4) hours of relevant training |
| Eligibility | - | Career Service (Professional) second level eligibility |
1.16. Cashier I (Metropolitan Trial Courts [31-95 salas])
| Education | - | Bachelor's degree |
| Eligibility | - | Career Service (Professional) second level eligibility |
1.17. Sheriff III (Metropolitan Trial Courts and Municipal Trial Courts in Cities)
| Education | - | Completed two (2) years of college studies |
| Eligibility | - | Career Service (Sub-professional) first level eligibility |
1.18. Interpreter II (Metropolitan Trial Courts and Municipal Trial Courts in Cities)
| Education | - | Bachelor's degree |
| Eligibility | - | Career Service (Professional) second level eligibility |
1.19. Interpreter I (Municipal Circuit Trial Courts, Municipal Trial Courts) 13
| Education | - | Completed two (2) years of college studies |
| Eligibility | - | Career Service (Sub-professional) first level eligibility |
1.20. Court Stenographer II (Metropolitan Trial Courts and Municipal Trial Courts in Cities) 14 — IHSTDE
| Education | - | Completed two (2) years of college studies |
| Experience | - | One (1) year of relevant experience |
| Training | - | Four (4) hours of relevant training |
| Eligibility | - | Career Service (Sub-professional) first level eligibility |
1.21. Court Stenographer I (Municipal Circuit Trial Courts, Municipal Trial Courts, Shari'a Circuit Courts) 15 —
| Education | - | Completed two (2) years of college studies |
| Eligibility | - | Career Service (Sub-professional) first level eligibility |
1.22. Clerk IV (Metropolitan Trial Courts and Municipal Trial Courts in Cities)
| Education | - | Completed two (2) years of college studies |
| Experience | - | One (1) year of relevant experience |
| Training | - | Four (4) hours of relevant training |
| Eligibility | - | Career Service (Sub-professional) first level eligibility |
1.23. Clerk III (Metropolitan Trial Courts and Municipal Trial Courts in Cities)
| Education | - | Completed two (2) years of college studies |
| Eligibility | - | Career Service (Sub-professional) first level eligibility |
1.24. Clerk II (Municipal Circuit Trial Courts, Municipal Trial Courts and Shari'a Circuit Courts)
| Education | - | Completed two (2) years of college studies |
| Eligibility | - | Career Service (Sub-professional) first level eligibility |
1.25. Cash Clerk III (Metropolitan Trial Courts and Municipal Trial Courts in Cities) cADSCT
| Education | - | Completed two (2) years of college studies |
| Experience | - | One (1) year of relevant experience |
| Training | - | Four (4) hours of relevant training |
| Eligibility | - | Career Service (Sub-professional) first level eligibility |
1.26. Cash Clerk II (Metropolitan Trial Courts, Municipal Trial Courts in Cities and Municipal Trial Courts)
| Education | - | Completed two (2) years of college studies |
| Eligibility | - | Career Service (Sub-professional) first level eligibility |
1.27. Process Server (Metropolitan Trial Courts, Municipal Trial Courts in Cities and Shari'a Circuit Courts)
| Education | - | High school graduate |
1.28. Junior Process Server (Municipal Circuit Trial Courts, Municipal Trial Courts and Shari'a Circuit Courts)
| Education | - | High school graduate |
1.29. Utility Worker I
| Education | - | Able to read and write |
2. STATIONS
Unless otherwise provided by law, or ordered by the Supreme Court, the official stations of Clerks of Court and Assistant Clerks of Court shall be the places indicated in their respective appointments, while the stations of Branch Clerks of Court shall be the same as those of their respective branches.
3. SUPERVISION OVER CLERKS OF COURT
Clerks of Court, Assistant Clerks of Court, Branch Clerks of Court and other subordinate employees of the first level courts shall, for administrative purposes, be under the supervision of the Supreme Court, but in the performance of their duties, shall be subject to direct supervision of the Executive Judges or the Presiding Judges concerned.
The work and activities of the Clerk of Court of multiple sala courts are under the direct supervision of the Executive Judge, in so far as applicable, who shall, through the Clerk of Court, direct staff support activities to improve judiciary services. 16 ITCHSa
D. GENERAL FUNCTIONS AND DUTIES OF CLERKS OF COURT AND OTHER COURT PERSONNEL
1. CLERKS OF COURT
1.1 Office of the Clerk of Court
1.1.1 Clerk of Court 17
1.1.1.1. Adjudicative Support Functions:
a. Prepares and signs summonses, subpoenas and notices, writs of execution, remittances of prisoners, and releases of prisoners;
b. Certifies true copies of decisions, orders and other processes, letters of administration and guardianship; transmittals of appealed cases, indorsements and communications; and
c. prepares and signs monthly reports of cases.
1.1.1.2. Non-Adjudicative Functions:
a. Plans, directs, supervises and coordinates the activities of all divisions/sections/units in the Office of the Clerk of Court with 13-30 salas;
b. Controls and manages all court records, exhibits, documents, properties and supplies;
c. Acts on applications for leave of absence and signs daily time records;
d. Determines the docket fees to be paid by the parties-litigants as provided in the Rules of Court; EcTDCI
e. Issues clearances in appropriate cases;
f. Provides information services to the public and private agencies including bar associations;
g. Prepares cases for raffle;
h. Safekeeps and maintains a judgment book and execution book;
i. Studies and recommends to the Executive Judge ways and means to improve both adjudicative and administrative support;
j. Performs special functions as ex-officio municipal sheriff;
k. Implements all orders and policies of the court in connection with the speedy administration of justice;
l. Performs other duties that may be assigned to him.
1.1.2. Assistant Clerk of Court (Clerk of Court III)
1.1.2.1. Adjudicative Support Functions:
a. Examines records of cases to be calendared for trial;
b. Reviews and initials court clearances, certified true copies of decisions, etc. before the Clerk of Court affixes his signature;
1.1.2.2. Non-Adjudicative Functions:
a. Participates in planning, directing, supervising and coordinating the activities of all divisions/sections/units in the Office of the Clerk of Court for effectiveness and efficiency; HAEDIS
b. Prepares periodic reports and statistics on the status of cases for submission by the Clerk of Court to offices concerned;
c. Drafts/prepares correspondences and indorsements for signature of the Clerk of Court;
d. Performs the duties and functions of the Clerk of Court V/VI in the absence of the latter;
e. Performs other duties that may be assigned to him.
1.2. Clerk of Court in Single Sala Court
The Clerks of Court in single sala courts perform the same duties and responsibilities as the Clerks of Court III or the Assistant Clerks of Court in multiple sala courts.
1.3. Branch Clerk of Court
1.3.1. Adjudicative Support Functions:
1.3.1.1. Attends all court sessions;
1.3.1.2. Supervises the withdrawal of all records of cases to be heard and the preparation of the notices of hearings, court's calendar, reports, minutes, monthly reports, inventory of cases, index of exhibits, and paging of records of cases;
1.3.1.3. Sees to it that all returns of notices are attached to the corresponding evidence properly marked during the hearing as, collected in an exhibit folder; and
1.3.1.4. Signs notices of orders and decisions for service to the parties, release papers of detained prisoners who are acquitted and/or who filed their corresponding bail bonds duly approved by the presiding judge. HSTCcD
1.3.2. Non-Adjudicative Functions:
1.3.2.1. Plans, directs, supervises and coordinates the activities of all personnel in a branch of a multiple sala for effectiveness and efficiency;
1.3.2.2. Keeps tab of the attendance and whereabouts of court personnel during office hours;
1.3.2.3. Controls and manages all court records, exhibits, documents, properties and supplies;
1.3.2.4. Administers oaths;
1.3.2.5. Issues certificates of appearances and clearances;
1.3.2.6. Drafts/prepares correspondence and indorsements for signature of the Judge; and
1.3.2.7. Performs other duties that may be assigned to him.
2. OTHER COURT PERSONNEL
2.1. Office of the Clerk of Court of a Multiple Sala Court
2.1.1. Administrative Officer III
2.1.1.1. Plans, develops and implements administrative programs;
2.1.1.2. Evaluates the effectiveness of existing programs and recommends modifications when needed;
2.1.1.3. Initials applications for leave of absence, loan, retirement and other employees' benefits;
2.1.1.4. Organizes periodic staff meeting for work consultation; ETDHaC
2.1.1.5. Provides guidance and counseling to employees;
2.1.1.6. Evaluates employees' aptitude and work performances, recommends personnel actions and implements employee development programs;
2.1.1.7. Causes the preparation and submission of periodic reports on attendance and tardiness of employees;
2.1.1.8. Requisitions for equipment, supplies and materials; and
2.1.1.9. Is responsible for the safekeeping of all accountable forms and papers.
2.1.2. Administrative Officer I/II
2.1.2.1. Assists the Clerk of Court in his administrative functions pertaining to records, supplies and equipment, personnel, notaries public and general services;
2.1.2.2. Initials requisitions for supplies and materials, applications for leave and other employees' benefits for the signature of the Clerk of Court;
2.1.2.3. Implements administrative policies and procedures as directed by the Clerk of Court; and
2.1.2.4. Performs other duties that may be assigned to him.
The following personnel perform the same functions as their counterparts in the Regional Trial Court: TAIDHa
2.1.3. Interpreter II
2.1.4. Court Stenographer II
2.1.5. Sheriff III
2.1.6. Records Officer I/II/III
2.1.7. Cashier I/II/III
2.1.8. Cash Clerk III
2.1.9. Cash Clerk II
2.1.10. Clerk IV
2.1.11. Process Server
2.1.12. Clerk III
2.1.12.1. Receives and dockets cases filed with the Court;
2.1.12.2. Receives and records all pleadings, documents and communications pertaining to the Court;
2.1.12.3. Refers to the Clerk of Court or Branch Clerk of Court all cases, pleadings, documents and communications received;
2.1.12.4. Takes charge of all mail matters and maintains a systematic filing of criminal, civil, special civil actions, land registration and administrative cases;
2.1.12.5. Maintains and keeps custody of record books on pending cases, record book on disposed cases, books on appealed cases;
2.1.12.6. Checks and verifies in the docket book applications for clearances and certifications;
2.1.12.7. Prepares weekly reports to the court on the status of individual cases; cCSDaI
2.1.12.8. Checks and reviews exhibits and other documents to be attached to records on appeal;
2.1.12.9. Keeps record book on warrants of arrest issued, record book on accused persons who are at-large, and record book on judgment against bail bonds;
2.1.12.10. Prepares subpoenas, notices, processes, and communications for the signature of the Judge and/or the Clerk of Court;
2.1.12.11. Releases decisions, orders, processes, subpoenas and notices as directed by the Judge or Clerk of Court by delivering them in addressed envelopes and with return cards to the process server for service or mailing; and
2.1.12.12. Performs other duties that may be assigned to him.
2.1.13. Utility Worker I
2.1.13.1. Sews original of records, pleadings and other documents as directed, in the strict order of dates in which received and in the correct expediente, seeing to it that they are sewn straight and that no letterings or parts thereof are stitched;
2.1.13.2. Maintains cleanliness in and around the court premises; and
2.1.13.3. Performs other duties that may be assigned to him.
2.2. Single Sala or Branch of a Multiple Sala Court
The following personnel perform the same functions as their counterparts in the Regional Trial Court:
2.2.1. Legal Researcher ECaHSI
2.2.2. Court Stenographer
2.2.3. Court Interpreter
2.2.4. Sheriff
2.2.5. Clerk
2.2.6. Process Server
2.2.7. Utility Worker
3. GENERAL FUNCTIONS OF THE OFFICE OF THE CLERK OF COURT IN A MULTIPLE SALA COURT
3.1. Office of the Clerk of Court Proper
3.1.1. Adjudicative Support Division
3.1.1.1. Criminal Cases Section
3.1.1.2. Civil Cases Section
These sections maintain dockets; receive cases for docketing, raffling and distribution to branches; attend and cater to verification of cases filed and raffled; issue clearances and certifications to individuals or corporations; issue notices of raffle, as well as summonses required or requested.
3.1.2. Administrative Division
The following sections perform the same functions as their counterparts in the Regional Trial Court:
3.1.2.1. Collecting Section
3.1.2.2. Records and Archives Section
3.1.2.3. Personnel Section
3.1.2.4. Property and Supplies Section SIcCEA
3.2. Clerk of Court as Ex-officio Sheriff
3.2.1. Serves summonses and notices of raffle in initiatory pleadings;
3.2.2. Serves processes and implements writs; and
3.2.3. Serves summonses and processes from other courts of the country.
E. SPECIFIC FUNCTIONS AND DUTIES
1. Adjudicative Support Functions and Duties
1.1. Office of the Clerk of Court (Single Sala and Multiple Sala)
The following functions performed by this office are the same as that of the Regional Trial Court (Chapter VI)
1.1.1. Filing with the Court
1.1.2. Receiving and Docketing
1.1.3. Assignment of Cases
1.1.4. Pairing System
1.1.5. Procedural Guidelines in the collection of filing fees and other legal fees involved, and the docketing of the criminal cases for violation of Batas Blg. 22 18
1.1.5.1. The Office of the Clerk of Court shall receive the information filed by the Office of the Chief State Prosecutor or the Provincial/City Prosecutor Office. Upon receipt, the information shall be entered in a separate record book and assigned an undocketed number (UDK No.) consisting of (a) the Investigation Slip No. (I.S. No.) appearing on the said information for easy identification; and (b) a number, starting with No. 1 (Example: UDK No. 6789-1). DHaEAS
1.1.5.2. Thereafter, the Clerk of Court shall, by form letter (please see form) notify and advise the complainant of (a) the filing of the information; and (b) the requirement as to the payment in full of the filing fees under Circular No. 57-97 based on the computation stated therein. The State Prosecutor, the Provincial/Assistant Provincial Prosecutor or the City/Assistant City Prosecutor who filed the information and the respondent shall be furnished with copies of the accomplished form letter sent by the Clerk of Court.
1.1.5.3. The complainant shall have a period of ten (10) day from receipt of the letter within which to pay the filing fees. Should the complainant fail to pay the filing fees within the ten-day period, the case folder shall be archived. After the lapse of two (2) months, the records may be disposed of.
1.1.5.4. Upon receipt of the filing fees under Circular No. 57-97, the information shall be entered in the court's general docket book and assigned the court case number. Thereafter, the Clerk of Court shall cause the inclusion of the case in the raffle of cases.
1.1.5.5. In the event that the amount of the actual damages claimed exceed the maximum amount of P200,000.00, the filing fees to be collected in excess of the aforementioned amount shall be in accordance with the provisions of Sec. 7 (a), Rule 141 of the Rules of Court.
1.2. Single Sala and Branch of a Multiple Sala in Civil Cases
1.2.1. Summary Procedure cASTED
1.2.1.1. Scope of applicability 19
a. All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorney's fees are awarded, the same shall not exceed twenty thousand pesos (P20,000.00).
b. All other civil cases, except probate proceedings, where the total amount of the plaintiff's claim does not exceed ten thousand pesos (P10,000.00), exclusive of interest and costs.
1.2.1.2. Pleadings
The only pleadings allowed to be filed are the complaints, compulsory counterclaims and cross-claims pleaded in the answer, and the answers thereto. All pleadings shall be verified. 20
1.2.1.3. Duty of the court 21
After the court determines that the case falls under summary procedure, it may, from an examination of the allegations therein and such evidence as may be attached thereto, dismiss the case outright on any of the grounds apparent therefrom for the dismissal of a civil action.
If no ground for dismissal is found, it shall forthwith issue summons which shall state that the summary procedure shall apply.
1.2.1.4. Answer DHITSc
Within ten (10) days from service of summons, the defendant shall file his answer to the complaint and serve a copy thereof upon the plaintiff. Affirmative and negative defenses not pleaded therein shall be deemed waived, except for lack of jurisdiction over the subject matter. Cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred. The answer to counterclaims or cross-claims shall be filed and served within ten (10) days from service of the answer in which they are pleaded. 22
1.2.1.5. Effect of failure to answer
Should the defendant fail to answer the complaint within the period provided in Sec. 6 of the Rule on Summary Procedure, the court motu proprio or on motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein: Provided, however, that the court may in its discretion reduce the amount of damages and attorney's fees claimed for being excessive or otherwise unconscionable. This is without prejudice to the applicability of Sec. 4, Rule 18 of the Rules of Civil Procedure (1997), if there are two or more defendants. 23
1.2.1.6. Preliminary conference; appearance of parties 24
Not later than thirty (30) days after the last answer is filed, a preliminary conference shall be held. The rules on pre-trial in ordinary cases shall be applicable to the preliminary conference unless inconsistent with the provisions of the Rule on Summary Procedure.
The failure of the plaintiff to appear in the preliminary conference shall be a cause for the dismissal of his complaint. The defendant who appears in the absence of the plaintiff shall be entitled to judgment on his counterclaim in accordance with Sec. 6 of the Rule on Summary Procedure. All cross-claims shall be dismissed. ESHAIC
If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment in accordance with Sec. 6 of the Rule on Summary Procedure. This Rule shall not apply where one of two or more defendants sued under a common cause of action who had pleaded a common defense shall appear at the preliminary conference.
1.2.1.7. Record of preliminary conference 25
Within five (5) days after the termination of the preliminary conference, the court shall issue an order stating the matters taken up therein, including but not limited to:
a. Whether the parties have arrived at an amicable settlement, and if so, the terms thereof;
b. The stipulations or admissions entered into by the parties;
c. Whether, on the basis of the pleadings and the stipulations and admissions made by the parties, judgment may be rendered without the need of further proceeding, in which event the judgment shall be rendered within thirty (30) days from issuance of the order;
d. A clear specification of material facts which remain controverted, and
e. Such other matters intended to expedite the disposition of the case.
1.2.1.8. Submission of affidavits and position papers
Within ten (10) days from receipt of the order mentioned in Sec. 8 of the Rule on Summary Procedure, the parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in the order, together with their position papers setting forth the law and the facts relied upon by them. 26 SaCIDT
1.2.1.9. Rendition of judgment 27
Within thirty (30) days after receipt of the last affidavits and position papers, or the expiration of the period for filing the same, the court shall render judgment.
However, should the court find it necessary to clarify certain material facts, it may, during the said period, issue an order specifying the matters to be clarified, and require the parties to submit affidavits or other evidence on the said matters within ten (10) days from receipt of said order. Judgment shall be rendered within fifteen (15) days after the receipt of the last clarificatory affidavits, or the expiration of the period for filing the same.
The court shall not resort to the clarificatory procedure to gain time for the rendition of the judgment.
1.2.2. Regular Procedure
The regular procedure is the same as that of the Regional Trial Court discussed in Chapter VI of this Manual.
1.2.3. Appeals
1.2.3.1. Where to appeal
An appeal from a judgment or final order of a Municipal Trial Court may be taken to the Regional Trial Court exercising jurisdiction over the area to which the former pertains. The title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party as the appellee. 28 DaTICE
1.2.3.2. When to appeal
An appeal may be taken within fifteen (15) days after notice to the appellant of the judgment or final order appealed from. Where a record on appeal is required, the appellant shall file a notice of appeal and a record on appeal within thirty (30) days after notice of the judgment or final order. The period of appeal shall be interrupted by a timely motion for new trial or reconsideration. No motion for extension of time to file motion for new trial or reconsideration shall be allowed. 29
Note: Under the Rule on Summary Procedure, motions for new trial or reconsideration are prohibited.
1.2.3.3. How to appeal
The appeal is taken by filing a notice of appeal with the Court that rendered the judgment or final order appealed from. The notice of appeal shall indicate the parties to the appeal, the judgment or final order or part thereof appealed from, and state the material dates showing the timeliness of the appeal. 30
1.2.3.4. Appellate court docket and other lawful fees
Within the period for taking an appeal, the appellant shall pay the clerk of the court which rendered the judgment or final order appealed from the full amount of the appellate court docket and other lawful fees. Proof of payment thereof shall be transmitted to the appellate court together with the original record or the record on appeal, as the case may be. 31
1.2.3.5. Duty of the Clerk of Court SDHacT
Within fifteen (15) days from perfection of the appeal, the clerk of court or the branch clerk of court of the lower court shall transmit the original record or the record on appeal, together with the transcripts and exhibits, which he shall certify as complete, to the proper Regional Trial Court. A copy of his certification shall be furnished the parties. 32
1.3. Single Sala and Branch of a Multiple Sala Court — Criminal Cases.
1.3.1. Summary Procedure
1.3.1.1. Scope of applicability 33
a. Violations of traffic laws, rules and regulations;
b. Violations of the rental law;
c. Violations of municipal or city ordinances;
d. All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding six months, or a fine not exceeding one thousand pesos (P1,000.00), or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom; Provided, however, that in offenses involving damage to property through criminal negligence, this Rule shall govern where the imposable fine does not exceed ten thousand pesos (P10,000.00).
1.3.1.2. How commenced 34 HCDAac
The filing of criminal cases falling within the scope of the Rule on Summary Procedure shall be either by complaint or by information: Provided, however, that in Metropolitan Manila and in Chartered Cities, such cases shall be commenced only by information, except when the offense cannot be prosecuted de oficio.
The complaint or information shall be accompanied by the affidavits of the complainant and of his witnesses in such number of copies as there are accused plus two (2) copies for the court's files. If this requirement is not complied with within five (5) days from date of filing, the case may be dismissed.
1.3.1.3. Duty of the court 35
a. If commenced by complaint
On the basis of the complaint and the affidavits and other evidence accompanying the same, the court may dismiss the case outright for being patently without basis or merit and order the release of the accused if in custody.
b. If commenced by information
When the case is commenced by information, or is not dismissed pursuant to the next preceding paragraph, the court shall issue an order which, together with copies of the affidavits and other evidence submitted by the prosecution, shall require the accused to submit his counter-affidavits and the affidavits of his witnesses as well as any evidence in his behalf, serving copies thereof on the complainant or prosecutor not later than ten (10) days from receipt of said order. The prosecution may file reply affidavits within ten (10) days after receipt of the counter-affidavits of the defense. aHSTID
1.3.1.4. Arraignment and trial 36
Should the court, upon a consideration of the complaint or information and the affidavits submitted by the parties, find no cause or ground to hold the accused for trial, it shall order the dismissal of the case; otherwise, the court shall set the case for arraignment and trial.
If the accused is in custody for the crime charged, he shall be immediately arraigned and if he enters a plea of guilty, he shall forthwith be sentenced.
1.3.1.5. Preliminary conference
Before conducting the trial, the court shall call the parties to a preliminary conference during which a stipulation of facts may be entered into, or the propriety of allowing the accused to enter a plea of guilty to a lesser offense may be considered, or such other matters may be taken up to clarify the issues and to ensure a speedy disposition of the case. However, no admission by the accused shall be used against him unless reduced to writing and signed by the accused and his counsel. A refusal or failure to stipulate shall not prejudice the accused. 37
1.3.1.6. Procedure of trial 38
At the trial, the affidavits submitted by the parties shall constitute the direct testimonies of the witnesses who executed the same. Witnesses who testified may be subjected to cross-examination, redirect or re-cross examination. Should the affiant fail to testify, his affidavit shall not be considered as competent evidence for the party presenting the affidavit, but the adverse party may utilize the same for any admissible purpose. HCaEAT
Except on rebuttal or sur-rebuttal, no witness shall be allowed to testify unless his affidavit was previously submitted to the court in accordance with Sec. 12 of the Rule on Summary Procedure.
However, should a party desire to present additional affidavits or counter-affidavits as part of his direct evidence, he shall so manifest during the preliminary conference, stating the purpose thereof. If allowed by the court, the additional affidavits of the prosecution or the counter-affidavits of the defense shall be submitted to the court and served on the adverse party not later than three (3) days after the termination of the preliminary conference. If the additional affidavits are presented by the prosecution, the accused may file his counter-affidavits and serve the same on the prosecution within three (3) days from such service.
1.3.1.7. Arrest of the accused
The court shall not order the arrest of the accused, except for failure to appear whenever required. Release of the person arrested shall either be on bail or on recognizance by a responsible citizen acceptable to the court. 39
1.3.1.8. Judgment
Where a trial has been conducted, the court shall promulgate the judgment not later than thirty (30) days after termination of trial. 40
1.3.2. Procedure in the conduct of preliminary investigation 41
1.3.2.1. Procedure in cases where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to fine cHTCaI
a. The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the complainant and his witnesses, as well as other supporting documents to establish probable cause. They shall be in such number of copies as there are respondents, plus, two (2) copies for the official file. The affidavits shall be subscribed and sworn to before any prosecutor or government official authorized to administer oath, or, in their absence or unavailability, before a notary public, each of whom must certify that he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits.
b. Within ten (10) days after the filing of the complaint, the investigating officer shall either dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and documents.
The respondent shall have the right to examine the evidence submitted by the complainant which he may not have been furnished and to copy them at his expense. If the evidence is voluminous, the complainant may be required to specify those which he intends to present against the respondent, and these shall be made available for examination or copying by the respondent at his expense.
Objects as evidence need not be furnished a party but shall be made available for examination, copying, or photographing at the expense of the requesting party. DEcTIS
c. Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense. The counter-affidavits shall be subscribed and sworn to and certified as provided in paragraph (a) of this section with copies thereof furnished by him to the complainant. The respondent shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit.
d. If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the ten (10) day period, the investigating officer shall resolve the complaint based on the evidence presented by the complainant.
e. The investigating officer may set a hearing if there are facts and issues to be clarified from a party or a witness. The parties can be present at the hearing but without the right to examine or cross-examine. They may, however, submit to the investigating officer questions which may be asked to the party or witness concerned.
The hearing shall be held within ten (10) days from submission of the counter-affidavits and other documents or from the expiration of the period for their submission. It shall be terminated within five (5) days.
f. Within ten (10) days after the investigation, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial. 42 SCcHIE
1.3.2.2. Resolution of investigating judge and its review
Within ten (10) days after the preliminary investigation, the investigating judge shall transmit the resolution of the case to the provincial or city prosecutor, or to the Ombudsman or his deputy in case of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction, for appropriate action. The resolution shall state the findings of facts and the law supporting his action, together with the record of the case which shall include: (a) the warrant, if the arrest is by virtue of a warrant; (b) the affidavits, counter-affidavits and other supporting evidence of the parties; (c) the undertaking or bail of the accused and the order for his release; (d) the transcripts of the proceedings during the preliminary investigation; and (e) the order of cancellation of his bail bond, if the resolution is for the dismissal of the complaint. 43
1.3.2.3. When warrant of arrest may issue
When the [preliminary] investigation is conducted by the judge himself, he shall follow the procedure provided in Sec. 3, Rule 112. If his findings and recommendations are affirmed by the provincial or city prosecutor, or by the Ombudsman or his deputy, and the corresponding information is filed, he shall issue a warrant of arrest. However, without waiting for the conclusion of the investigation, the judge may issue a warrant of arrest if he finds after an examination in writing and under oath of the complainant and his witnesses in the form of searching questions and answers, that a probable cause exists and that there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice. 44
1.3.2.4. Records
a. Records supporting the information or complaint aEAIDH
An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses, together with the other supporting evidence and the resolution on the case.
b. Record of preliminary investigation
The record of the preliminary investigation, whether conducted by a judge or a prosecutor, shall not form part of the record of the case. However, the court, on its own initiative or on motion of any party, may order the production of the record or any of its part when necessary in the resolution of the case or any incident therein, or when it is to be introduced as an evidence in the case by the requesting party. 45
1.3.2.5. Cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure
If the complaint or information is filed with the Municipal Trial Court or Municipal Circuit Trial Court for an offense covered by Sec. 9, Rule 112, the procedure in Sec. 3 (a) of said Rule shall be observed. If within ten (10) days after the filing of the complaint or information, the judge finds no probable cause after personally evaluating the evidence, or after personally examining in writing and under oath the complainant and his witnesses in the form of searching questions and answers, he shall dismiss the same. He may, however, require the submission of additional evidence, within ten (10) days from notice, to determine further the existence of probable cause. If the judge still finds no probable cause despite the additional evidence, he shall, within ten (10) days from its submission or expiration of said period, dismiss the case. When he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused had already been arrested, and hold him for trial. However, if the judge is satisfied that there is no necessity for placing the accused under custody, he may issue summons instead of a warrant of arrest. 46
1.3.3. Regular Procedure
All cases covered by regular procedure shall be governed by the Rev. Rules of Criminal Procedure (2000) discussed in Chapter VI of this Manual.
1.3.3.1. Violation of Batas Blg. 22 HDATCc
The criminal action for violation of Batas Blg. 22 shall be deemed to include the corresponding civil action. No reservation to file such civil action separately shall be allowed.
Upon filing of the aforesaid joint criminal and civil actions, the offended party shall pay in full the filing fees based on the amount of the check involved, which shall be considered as the actual damages claimed. Where the complaint or information also seeks to recover liquidated, moral, nominal, temperate or exemplary damages, the offended party shall pay additional filing fees based on the amounts alleged therein. If the amounts are not so alleged but any of these damages are subsequently awarded by the court, the filing fees based on the amount awarded shall constitute a first lien on the judgment.
1.4. Summary Procedure — Common Provisions
1.4.1. Referral to Lupon
Cases requiring referral to the Lupon for conciliation under the provisions of Pres. Decree No. 1508 (Rep. Act 7160), where there is no showing of compliance with such requirement, shall be dismissed without prejudice, and may be revived only after such requirement shall have been complied with. This provision shall not apply to criminal cases where the accused was arrested without a warrant. 47
1.4.2. Prohibited pleadings and motions 48
The following pleadings, motions, or petitions shall not be allowed in cases covered by the Rule on Summary Procedure: DICSaH
1.4.2.1. Motion to dismiss the complaint or to quash the complaint or information except on the ground of lack of jurisdiction over the subject matter, or failure to comply with Sec. 18 of the Rule on Summary Procedure;
1.4.2.2. Motion for a bill of particulars;
1.4.2.3. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
1.4.2.4. Petition for relief from judgment;
1.4.2.5. Motion for extension of time to file pleadings, affidavits or any other paper;
1.4.2.6. Memoranda;
1.4.2.7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
1.4.2.8. Motion to declare the defendant in default;
1.4.2.9. Dilatory motions for postponement;
1.4.2.10. Reply;
1.4.2.11. Third party complaints; and
1.4.2.12. Interventions
1.4.3. Affidavits 49
The affidavits required to be submitted under the Rule on Summary Procedure shall state only facts of direct personal knowledge of the affiants which are admissible in evidence, and shall show their competence to testify to the matters stated therein.
A violation of this requirement may subject the party or the counsel who submits the same to disciplinary action, and shall be cause to expunge the inadmissible affidavit or portion thereof from the record. ITAaHc
1.4.4. Appeal
The judgment or final order shall be appealable to the appropriate regional trial court which shall decide the same in accordance with Sec. 22 of Batas Blg. 129. 50
1.5. Juveniles in Conflict with the Law
1.5.1. Preliminary investigation 51
As far as consistent with the Rule on Juveniles in Conflict with the Law, the preliminary investigation of a juvenile in conflict with the law shall be governed by Sec. 3 of Rule 112 of the Rev. Rules of Criminal Procedure. If clarificatory questions become necessary, the Rule on Examination of a Child Witness shall apply.
If a preliminary investigation is required before the filing of a complaint or information, the same shall be conducted by the Judge of the Municipal Trial Court or the public prosecutor in accordance with the pertinent provisions of Rule 112 of the Rev. Rules of Criminal Procedure.
If the investigating prosecutor finds probable cause to hold the juvenile for trial, he shall prepare the corresponding resolution and information for approval by the provincial or city prosecutor, as the case may be. The juvenile, his parents/nearest relative/guardian and his counsel shall be furnished forthwith a copy of the approved resolution.
1.5.2. Recognizance
Before final conviction, all juveniles charged with offenses falling under the Rev. Rule on Summary Procedure shall be released on recognizance to the custody of their parents or other suitable person who shall be responsible for the juveniles' appearance in court whenever required. 52
2. NON-ADJUDICATIVE FUNCTIONS AND DUTIES
The non-adjudicative functions of Clerks of Court in single sala and multiple sala and Branch Clerks of Court are similar to those of the Regional Trial Courts discussed in Chapter VI of this Manual.
Pursuant to Secs. 4 (d), 8 and 58 in relation to Secs. 16, 27 and 29 of Rep. Act 4136 as amended, in order to achieve the objectives of instilling traffic discipline and fulfilling vehicle safety, driver safety and road safety in highways, the Clerks of Court are ordered:
2.1. To submit by registered mail to the Land Transportation Office (LTO), East Avenue, Quezon City, at the end of each month, a list of all cases, criminal or civil, involving violations of any provisions of the aforementioned Act or of other laws and ordinances relating to motor vehicles disposed of by their respective Courts during the month, indicating in each case, the name and address of the driver or owner of the vehicle, the number and date of issue of his license and/or of the Certificate of Registration of the vehicle and the offense of which the driver/owner was convicted or acquitted. Only positive reports including change in the status of previously reported cases are required. No report is necessary if there is no case filed or if there is no change in the status of previously reported cases. AaIDCS
2.2. To forward by courier service to the nearest agency of LTO for suspension or revocation pursuant to Sec. 29 of the said Act, all licenses of drivers whose cases remain unsettled after fifteen (15) days from the date of apprehension. 53
F. SPECIAL FUNCTIONS OF CLERK OF COURT AS EX-OFFICIO SHERIFF
All Clerks of Court of Metropolitan Trial Courts and Municipal Trial Courts in Cities are ex-officio sheriffs within their territorial jurisdiction. Their qualifications, functions and duties are discussed in Chapter VI of this Manual.
G. FLOW CHARTS
1. RULE ON SUMMARY PROCEDURE
1.1. Civil Cases — single sala
1.2. Civil Cases — multiple sala
1.3. Criminal Cases — single sala
1.4. Criminal Cases — multiple sala
2. REGULAR PROCEDURE
Please refer to the flowcharts in Chapter VI of this manual.
3. PRELIMINARY INVESTIGATION
H. FORMS
Generally, the forms used in the First Level Courts are the same as those of the Regional Trial Courts, except for cases covered by the Rule on Summary Procedure and Preliminary Investigation. aEACcS
1. SUMMONS (Summary Procedure)
Republic of the Philippines
_________________ COURT
______ Judicial Region
____________________
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___________________________,
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Plaintiff/s,
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Civil Case No. __________
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- versus -
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For:
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_________________ |
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_________________ |
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___________________________
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|
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___________________________,
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SUMMARY PROCEDURE
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Defendant/s.
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TO: __________________________ of _______________________ __________________________ of _______________________ __________________________ of _______________________ __________________________ of _______________________
GREETINGS:
You are hereby required to file with this Court your Answer to the Complaint with its annexes within ten (10) days after service of this summons and to serve a copy of your Answer upon the plaintiff/s within the same period.
The Rule on Summary Procedure shall apply in this case and you are prohibited from filing motions to dismiss, for a bill of particulars, or for extension of time to file pleadings.
Should you fail to file your Answer within the reglementary period, this Court, motu proprio or on motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein, except as to the amount of damages, which this Court may reduce in its discretion.
WITNESS, the Hon. ___________________, Presiding Judge of this court. aSATHE
___________________
2. WRIT OF EXECUTION (for Ejectment)
Republic of the Philippines
_________________ COURT
______ Judicial Region
____________________
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___________________________,
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||
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Plaintiff/s,
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CIVIL CASE NO. _______ | |
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- versus -
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WRIT OF EXECUTION | |
| (For Ejectment) | ||
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___________________________,
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||
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Defendant/s.
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TO: THE SHERIFF OR HIS DEPUTIES
GREETINGS:
WHEREAS, on _____________, judgment in the above-entitled case was rendered by this Court, dispositive part of which reads as follows:
WHEREAS, on _____________, the Court granted the Motion for Execution filed by the plaintiff/s.
WHEREAS, the aforesaid judgment is now final and executory.
NOW THEREFORE, you are hereby commanded to cause the execution of the aforesaid judgment; to levy the goods and chattels of the defendant/s, except those which are exempt from execution; and to make the sale thereof in accordance with the procedure in RULE 39, Revised Rules of Court, and in such cases made and provided, together with all your lawful fees for the service of this writ.
In case sufficient personal property of the defendant/s cannot be found to satisfy the amount of the said judgment, you are hereby directed to levy the real property of said defendant/s and to sell the same or so much thereof in the manner provided for by law for the satisfaction of the said judgment. ECDAcS
You are directed to make a return of your proceedings pursuant to Section 14, Rule 39 of the New Rules of Civil Procedure.
GIVEN UNDER MY HAND AND SEAL of this Court, this ______ day of _____________ at ________________, Philippines.
___________________
3. SUBPOENA (for Preliminary Investigation)
Republic of the Philippines
_________________ COURT
______ Judicial Region
____________________
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PEOPLE OF THE PHILIPPINES,
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|||
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Complainant,
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Criminal Case No. __________ | ||
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- versus -
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For: | ____________________ | |
| ____________________ | |||
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___________________________
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SUBPOENA | ||
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___________________________,
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(For Preliminary Investigation) | ||
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Accused.
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TO: __________________________ of _______________________ __________________________ of _______________________
GREETINGS:
Filed before this Court is a complaint against you for preliminary investigation. You are hereby required to submit to this Court within ten (10) days upon service, your sworn counter-affidavit and the affidavit of your witness/es, and other supporting documents which you rely upon for your defense, and serve a copy thereof on the complainant. Attached hereto is a copy of the complaint, together with the affidavits and other supporting documents.
Should you fail to submit your counter-affidavits within the said period, this Court shall resolve the complaint based on the evidence presented by the complainant.
WITNESS the HON. ___________________, Presiding Judge of this Court.
___________________
4. FORM LETTER (Violation of Batas Blg. 22)
Republic of the Philippines
_________________ COURT
______ Judicial Region
____________________
UDK No. __________________
RE: PAYMENT OF FILING FEES PURSUANT TO SUPREME COURT CIRCULAR NO. 57-97 DATED SEPTEMBER 1997
Sir/Madam: TcSaHC
Please be informed that the __________________ (Prosecution Office) has filed with this Court the information charging ____________________ (Respondents) with the violation of Batas Blg. 22, and as per Circular No. 57-97, dated September 16, 1997 issued by the Supreme Court, you are hereby required to pay the following amount indicated herein, computed as follows:
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CLAIMS
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FILING FEES
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| 1. | Actual Damages | ___________________ Gen. Fund |
| (Amount of check/s) | ||
| 2. | Liquidated damages (if any) | ___________________ JDF |
| 3. | Moral damages (if any) | ___________________ JDF |
| 4. | Nominal damages (if any) | ___________________ JDF |
| 5. | Temperate/Exemplary Damages (if any) | ___________________ JDF |
| TOTAL AMOUNT OF | TOTAL AMOUNT OF | |
| CLAIMS _______________________ | FILING FEES __________________ | |
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(Please pay this amount)
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IMPORTANT: Your case will be archived in case of your failure to pay the filing fees within ten (10) days from receipt hereof. After two (2) months, your case will be dismissed and the corresponding documents will be disposed of.
Very truly yours,
___________________
CHAPTER VIII
Shari'a Courts
The Shari'a Courts and the personnel thereof are subject to the administrative supervision of the Supreme Court. 1
SHARI'A DISTRICT COURTS
A. ORGANIZATIONAL CHART
B. STATIONS
1. Five special judicial districts, each to have one Shari'a District Court presided over by one Judge, are constituted as follows:
1.1. The First Shari'a District shall comprise the Province of Sulu;
1.2. The Second Shari'a District, the Province of Tawi-Tawi;
1.3. The Third Shari'a District, the Provinces of Basilan, Zamboanga del Norte and Zamboanga del Sur, and the Cities of Dipolog, Pagadian and Zamboanga; SIcEHC
1.4. The Fourth Shari'a District, the Provinces of Lanao del Norte and Lanao del Sur, and the Cities of Iligan and Marawi; and
1.5. The Fifth Shari'a District, the Provinces of Maguindanao, North Cotabato and Sultan Kudarat, and the City of Cotabato. 2
2. The Shari'a District Courts shall have their respective permanent stations in the following places:
2.1. First Shari'a District, Jolo, Sulu;
2.2. Second Shari'a District, Bongao, Tawi-Tawi;
2.3. Third Shari'a District, Zamboanga City;
2.4. Fourth Shari'a District, Marawi City;
2.5. Fifth Shari'a District, Cotabato City. 3
3. The Shari'a District Courts may hold sessions anywhere within their respective districts. 4
C. JURISDICTION
1. ORIGINAL JURISDICTION
1.1. Exclusive
The Shari'a District Courts shall have exclusive original jurisdiction over:
1.1.1. All cases involving custody, guardianship, legitimacy, paternity and filiation arising under the Code of Muslim Personal Laws of the Philippines (Pres. Decree No. 1083);
1.1.2. All cases involving disposition, distribution and settlement of the estate of deceased Muslims, probate of wills, issuance of letters of administration or appointment of administrators or executors regardless of the nature or the aggregate value of the property;
1.1.3. Petitions for the declaration of absence and death and for the cancellation or correction of entries in the Muslim Registries mentioned in Title VI of Book Two of the Code of Muslim Personal Laws of the Philippines; CTDHSE
1.1.4. All actions arising from customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations; and
1.1.5. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and processes in aid of its appellate jurisdiction. 5
1.2. Concurrent
Concurrently with existing civil courts, the Shari'a District Court shall have original jurisdiction over:
1.2.1. Petitions by Muslims for the constitution of a family home, change of name and commitment of an insane person to any asylum;
1.2.2. All other personal and real actions not mentioned in paragraph 1 (d) of Article 143 (1.1.4. supra) wherein the parties involved are Muslims, except those for forcible entry and unlawful detainer which shall fall under the exclusive original jurisdiction of the Municipal Circuit Courts; and
1.2.3. All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims. 6
2. APPELLATE JURISDICTION
2.1. The Shari'a District Courts shall have appellate jurisdiction over all cases tried in the Shari'a Circuit Courts within their territorial jurisdiction. 7
2.2. The Shari'a District Courts shall decide every case appealed to it on the basis of the evidence and records transmitted as well as such memoranda, briefs or oral arguments as the parties may submit. 8
D. CLERKS OF COURT AND OTHER PERSONNEL
1. Shari'a District Courts shall have the same officers and other personnel as those provided by law for the Courts of First Instance (now Regional Trial Court). HacADE
2. The pertinent provisions of the Judiciary Law regarding the number, qualifications, appointment, compensation, functions, duties and other matters relative to the personnel of the Courts of First Instance (now Regional Trial Court) shall apply to those of the Shari'a District Courts. 9
SHARI'A CIRCUIT COURTS
A. ORGANIZATIONAL CHART
B. STATIONS
1. The Shari'a Circuit Courts shall be established as follows:
1.1. Six such courts in the Province of Sulu;
1.2. Eight in the Province of Tawi-Tawi;
1.3. Ten in and for the Provinces of Basilan, Zamboanga del Norte and Zamboanga del Sur, and the Cities of Dipolog, Pagadian, and Zamboanga;
1.4. Twelve in and for the Provinces of Lanao del Norte and Lanao del Sur and the Cities of Iligan and Marawi; and
1.5. Fifteen in and for the Provinces of Maguindanao, North Cotabato and Sultan Kudarat and the City of Cotabato.
2. The territorial jurisdiction of each of the Shari'a Circuit Courts shall be fixed by the Supreme Court on the basis of geographical contiguity of the municipalities and cities concerned and their Muslim population. 10
3. The Shari'a Circuit Courts may hold sessions anywhere within their respective circuits, but each shall have a principal station to be fixed by the Supreme Court. 11
C. JURISDICTION
The Shari'a Circuit Courts shall have exclusive original jurisdiction over: cSTHAC
1. All cases involving offenses defined and punished under the Code of Muslim Personal Laws of the Philippines.
2. All civil actions and proceedings between parties who are Muslims or have been married in accordance with Article 13, involving disputes relating to:
2.1. Marriage;
2.2. Divorce recognized under the Code of Muslim Personal Laws of the Philippines;
2.3. Betrothal or breach of contract to marry;
2.4. Customary dower (mahr);
2.5. Disposition and distribution of property upon divorce;
2.6. Maintenance and support, and consolatory gifts (mut'a); and
2.7. Restitution of marital rights.
3. All cases involving disputes relative to communal properties. 12
D. CLERKS OF COURT AND OTHER PERSONNEL
Shari'a Circuit Courts shall have the same officers and other personnel as those provided by law for Municipal Circuit Courts. The pertinent provisions of the Judiciary Law regarding the number, qualifications, appointment, compensation, functions, duties and other matters relative to the personnel of the Municipal Circuit Court shall apply to those of the Shari'a Circuit Courts. 13
SPECIAL RULES OF PROCEDURE
FOR SHARI'A COURTS
A. GENERAL PROCEDURE
1. COMMENCEMENT OF ACTION (Da'Wa) IACDaS
All actions and proceedings in the Shari'a Court shall be commenced by complaint which shall be prepared at least in triplicate by the plaintiff (mudda'i) or his counsel (wakil) or by the Clerk of Court. 14
2. COMPLAINT
The complaint shall contain:
2.1. The title of the case, the case number assigned to it, and the date of filing;
2.2. The name and address of the plaintiff and/or his counsel, and the name and address of the defendant (mudda'aalaí); and
2.3. A concrete statement of the cause of action and the relief prayed for. 15
3. SERVICE OF SUMMONS
Summons, together with the copy of the complaint, shall be served upon the defendant. 16
4. ANSWER
The defendant shall file an answer within ten (10) days from receipt of the summons either personally or by counsel, or with the assistance of the Clerk of Court. 17
5. FAILURE TO ANSWER
Should the defendant fail to answer the complaint within ten (10) days from service, the Court shall proceed to receive the evidence ex-parte upon which judgment shall be rendered. 18
6. PRE-TRIAL 19
6.1. Not later than thirty (30) days after the answer is filed, the case shall be calendared for pre-trial. Should the parties fail to arrive at an amicable settlement (Sulh), the Court shall clarify and define the issues of the case which shall be set forth in a pre-trial order. ASIETa
6.2. Within ten (10) days from receipt of such order, the parties or counsels shall forthwith submit to the Court the statement of witnesses (shuhud) and other evidence (bayyina) pertinent to the issues so clarified and defined, together with the memoranda setting forth the law and the facts relied upon by them.
6.3. Should the Court find, upon consideration of the pleadings, evidence and memoranda, that a judgment may be rendered without need of a formal hearing, the Court may do so within fifteen (15) days from the submission of the case for decision.
7. HEARING OR TRIAL 20
7.1. The plaintiff (mudda'i) has the burden of proof, and the taking of an oath (yamin) rests upon the defendant (mudda' aalai'). If the plaintiff has no evidence to prove his claim, the defendant shall take an oath and judgment shall be rendered in his favor by the Court, Should the defendant refuse to take an oath, the plaintiff shall affirm his claim under oath in which case judgment shall be rendered in his favor. Should the plaintiff refuse to affirm his claim under oath, the case shall be dismissed.
7.2. If the defendant admits the claim of the plaintiff, judgment shall be rendered in his favor by the Court without further receiving evidence.
7.3. If the defendant desires to offer defense, the party against whom judgment would be given on the pleadings and admissions made, if no evidence was submitted, shall have the burden to prove his case. The statements submitted by the parties at the pre-trial shall constitute the direct testimonies of the witnesses as basis for cross-examination.
8. JUDGMENT 21
8.1. The judgment shall be rendered within fifteen (15) days from the termination of the trial, or disposition of the case, should there be no formal trial or hearing.
8.2. The judgment shall become final and executory upon the expiration of the period to appeal. Once the judgment becomes final and executory, the Court motu proprio shall immediately issue the writ of execution for the satisfaction of the judgment. ECDHIc
9. APPEAL
An appeal shall be made by filing notice of appeal addressed to the Court and by paying the docket fee within fifteen (15) days from receipt of judgment. 22
9.1. Appeal to the Shari'a District Court
Within five (5) days from the perfection of the appeal, the Clerk of Court shall transmit the records to the appropriate appellate court. 23
9.2. Appeal to the Supreme Court
Upon receipt of the original records, transcripts and exhibits, the Clerk of Court of the Shari'a District Court shall notify the parties of such fact. 24
10. LEGAL OPINION (Fatwa)
Before judgment is rendered, any court may seek the opinion (fatwa) of the jurisconsult of Islamic law created under the Code of Muslim Personal Laws on matters concerning difficult questions of Muslim Law and jurisprudence (fiqh).25
11. PLEADINGS AND MOTIONS DISALLOWED
The Court shall not allow the filing of the following pleadings, petitions or motions, to wit:
11.1. Motion to dismiss or to quash;
11.2. Motion for bill of particulars;
11.3. Motion for extension of time to file pleadings or any other paper;
11.4. Motion to declare defendant in default;
11.5. Reply, third party complaint, or intervention; DACTSH
11.6. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the Court;
11.7. Petition for relief from judgment;
11.8. Motion for new trial or reopening of trial; and
11.9. Any dilatory motion for postponement. 26
B. SUPPLEMENTAL PROCEEDINGS
1. SUPPLETORY RULE IN CIVIL CASES
The Shari'a Courts shall adhere to the sources of Muslim Law relating to the number, status, or quality of witness ('adala) and evidence required to prove any fact. Except as provided in the Special Rules for Shari'a Courts, the Rules of Court shall apply in a suppletory manner. 27
2. SUPPLETORY RULE IN SPECIAL OFFENSES
Subject to Sec. 16 of the Special Rules for Shari'a Courts, all special cases or offenses cognizable by the Court may be filed in such form and heard in such manner as prescribed by the applicable laws and the Rules of Court. However, the Court may apply, in a suppletory manner, the principles of Muslim Law. 28
C. ARBITRATION PROCEEDINGS
The Agama Arbitration Council, after its constitution pursuant to the provisions of the Code of Muslim Personal Laws, shall conduct the arbitration proceedings in accordance with the method it deems appropriate, taking into consideration the circumstances of the dispute, the conciliation of the parties, the interests of the children, if any, and other third parties involved, and the need for a speedy settlement of the dispute. However, no arbitration proceedings shall take place ex parte.29 AaEcDS
Footnotes
CHAPTER I — Office of the Clerk of Court
1. State ex rel. Henson v. Sheppard, 91 SW 477 (1905).
2. 10 Am. Jur. 942.
3. Act No. 136, Sec. 34.
4. Ibid., Sec. 65.
5. Jose P. Bengzon, The Philippine Judicial System, pp. 11, 20.
6. Fred Ruiz Castro, Chief Justice, February 23, 1979.
7. 14 C.J.S. 1211.
8. Dimaporo v. Estipona, 2 SCRA 282 (1961).
9. Paa vs. Remigio, 88 SCRA 593 (1979).
CHAPTER II — Supreme Court
1. Revised Outline of Jurisdiction by Justice Jose Y. Feria, July-September 1999, Philja Bulletin.
2. Resolution of the Court en banc dated January 18, 1983.
3. Resolution of the Court en banc dated November 18, 1993 (Amendments to Secs. 15 & 16, Rule 136 of the Rules of Court and other Resolutions).
4. Smith Bell and Company (Philippines), Inc. vs. Court of Appeals, 197 SCRA 201 (1991).
5. Nicos Industrial Corp. vs. Court of Appeals, 206 SCRA 127 (1992).
CHAPTER III — Court of Appeals
1. Revised Internal Rules of Court of Appeals, Rule 2, Sec. 1.
2. Rep. Act No. 8246, Sec. 3.
3. Id., Sec. 2.
4. Revised Outline of Jurisdiction by Justice Jose Y. Feria, July-September 1999, Philja Bulletin.
CHAPTER IV — Sandiganbayan
1. Pres. Decree No. 1606 as amended by Rep. Act. No. 7975 and Rep. Act No. 8249.
2. Rep. Act No. 8249, Sec. 4 (c), par. 6.
3. Ibid., par. 7.
4. Per Position Allocation List (PAL).
5. Per Position Allocation List (PAL).
6. Per Qualification Standards of the Civil Service Commission.
7. Per Supreme Court en banc resolution, November 21, 2000.
8. Id.
9. Id.
10. Revised Rules of Court, Section 10, Rule 141.
CHAPTER V — Court of Tax Appeals
1. Court of Tax Appeals' Annual Report for Calendar Year 2000 submitted to the OCJ Supreme Court on May 8, 2001, page 3.
2. Ibid .
3. Supreme Court resolution en banc dated April 14, 1998, A.M. 85-3-001-CTA; issue released June 11, 1998 (94 O.G. 3946 [June 1, 1998]).
4. Supreme Court resolution amending Rule 141 (Legal Fees) of the Rules of Court, A.M. No. 00-2-01-SC, effective March 1, 2000, Sec. 10.
5. Ibid., Sec. 13, par. (a).
6. Ibid., Sec. 7, par. (j).
7. Ibid.
8. Ibid., Sec. 20, par. (b).
CHAPTER VI — Regional Trial Court
* The plantilla for the Office of the Clerk of Court of the Regional Trial Court of Manila is in accordance with this organizational chart for the Office of the Clerk of Court with 73-95 salas.
1. Sec. 19 of Batas Blg. 129, otherwise known as the Judiciary Act of 1980, as amended by Rep. Act No. 7691. (The jurisdictional amount in 1.3, 1.4 and 1.8 was adjusted from P100,000.00 to P200,000.00 effective March 20, 1999 and shall be further adjusted to P300,000.00 five years thereafter pursuant to Circular No. 21-99 dated April 15, 1999 in relation to Sec. 5 of Rep. Act No. 7691. In the case of Metro Manila, the jurisdictional amount was adjusted from P200,000.00 to P400,000.00 effective March 20, 1999.)
2. Adm. Circular No. 09-94, June 14, 1994.
3. Batas Blg. 129, Sec. 20.
4. Rep. Act No. 7691.
5. Pres. Decree No. 1606, as amended by Rep. Act No. 7975 and Rep. Act No. 8246.
6. Adm. Circular No. 09-94, June 14, 1994.
7. Batas Blg. 129, Sec. 32 (2), as amended by Sec. 2, Rep. Act No. 7691, Sec. 2.
8. Rep. Act No. 6425, Sec. 39, as amended.
9. Adm. Circular No. 113-95; Rep. Act No. 8293.
10. Omnibus Election Code, Sec. 268.
11. Adm. Circular No. 194-96, October 21, 1996; Rev. Penal Code, Art. 360.
12. Rep. Act No. 9160, (Anti-Money Laundering Act of 2001), Sec. 5.
13. Batas Blg. 129, Sec. 21.
14. Ibid.
15. Constitution (1987), Art. VIII, Sec. 21, Batas Blg. 129.
16. Batas Blg. 129, Sec. 22.
17. Rep. Act No. 8369.
18. Adm. Order No. 6, June 30, 1975, pars. I (5) and IV (2).
19. Rules of Court, Rule 136, Sec. 8.
20. Ibid., Sec. 9.
21. Id.
22. Ibid., Sec. 10.
23. Ibid., Sec. 13.
24. DOJ Circular No. 51, June 5, 1969.
25. Rules of Civil Procedure (1997), Rule 58, Sec. 4.
26. Ibid., Rule 13, Sec. 3.
27. Id.
28. Ago Timber Corp. v. Ruiz, et al., 21 SCRA 138 (1967).
29. Rules of Civil Procedure (1997), Rule 13, Sec. 3.
30. Rules of Court, Rule 141, Sec. 1.
31. Ibid., Sec. 18.
32. Ibid., Sec. 21.
33. Pres. Decree No. 946, Sec. 16.
34. Rules of Court, Rule 136, Sec. 8.
35. Adm. Order No. 36-96, March 15, 1996.
36. Rules of Civil Procedure (1997), Rule 20, Sec. 2.
37. Circular No. 7, September 23, 1974.
38. Id., as amended by Adm. Order No. 36-96, March 15, 1996.
39. Adm. Order No. 36-96, March 15, 1996.
40. Id.
41. Id.
42. Id.
43. Id.
44. Circular No. 7, September 23, 1974.
45. Id.
46. Id.
47. Circular No. 20, October 4, 1979.
48. Adm. Order No. 36-96, March 15, 1996.
49. Id.
50. Id.
51. Id.
52. Id.
53. Id.
54. Id.
55. Id.
56. Id.
57. Id.
58. Adm. Order No. 36-96, March 15, 1996.
59. Id.
60. Adm. Order No. 6, June 30, 1975.
61. Adm. Circular No. 1, January 28, 1988.
62. Circular No. 10, May 22, 1987.
63. Id.
64. Circular No. 7, September 23, 1974.
65. Adm. Circular No. 1, January 28, 1988.
66. Adm. Circular No. 3-94, January 26, 1994.
67. Id.
68. Id.
69. Adm. Circular No. 3-94, January 26, 1994.
70. Circular No. 7, September 23, 1974.
71. Rules of Civil Procedure (1997), Rule 31, Sec. 1.
72. Rev. Internal Rules of the Court of Appeals, Rule 3, Sec. 7.
73. Adm. Order No. 104-96, October 21, 1996.
74. A.M. No. 99-1-13-SC, February 9, 1999.
75. Adm. Order No. 80A-90, amending Adm. Order No. 80, July 18, 1989.
76. Circular No. 7, September 23, 1974.
77. Circular No. 19-98, February 18, 1998.
78. Loc. cit.
79. Adm. Order No. 19-97, February 14, 1997.
80. Rules of Civil Procedure (1997), Rule 14, Sec. 1.
81. Ibid., Sec. 2.
82. Ibid., Sec. 5.
83. Ibid., Sec. 3.
84. Ibid., Sec. 4.
85. Ibid., Rule 38, Sec. 4.
86. Ibid., Rule 65, Sec. 6.
87. Rules of Court, Rule 91, Sec. 2.
88. Ibid., Rule 99, Sec. 4.
89. Rep. Act No. 8552, Art. IV, Sec. 11.
90. Pres. Decree No. 603, Art. 23.
91. A.M. No. 02-1-19-SC, Feb. 28, 2002.
92. Ibid., Sec. 5 (a) (iv).
93. Ibid., Sec. 6 (d).
94. Rules of Court, Rule 101, Sec. 2.
95. Ibid., Rule 102, Sec. 5.
96. See Pres. Decree No. 1079 for guidelines on publications.
97. Op. cit., Rule 109, Sec. 3.
98. Ibid., Rule 107, Sec. 4.
99. Ibid., Rule 108, Sec. 4; see also Pres. Decree No. 1079.
100. Rep. Act No. 6425, Sec. 30, as amended by Pres. Decree No. 44.
101. Family Code, Art. 136.
102. Rules of Civil Procedure (1997), Rule 13, Sec. 6.
103. Ibid., Sec. 7.
104. SC Memo Circular, November 13, 1975.
105. Op. cit., Sec. 8.
106. Ibid., Sec. 10.
107. Ibid., Sec. 11.
108. Ibid., Sec. 2.
109. Rules of Civil Procedure (1997), Rule 13, Sec. 12.
110. Ibid., Sec. 13.
111. DOJ Circular No. 2, January 12, 1959.
112. Rules of Civil Procedure (1997), Rule 15, Sec. 5.
113. Ibid., Sec. 6.
114. Ibid., Sec. 7.
115. Adm. Circular No. 3-99, January 15, 1999.
116. Rules of Civil Procedure (1997), Rule 18, Sec. 6, as amended by Adm. Circular No. 3-99, January 15, 1999.
117. Id.
118. Ibid., Sec. 3.
119. Manual, Sec. D (2.2.1.3.).
120. Rules of Civil Procedure (1997), Rule 18, Sec. 4.
121. Ibid., Sec. 5.
122. Ibid., Sec. 7.
123. Adm. Circular No. 3-99, January 15, 1999.
124. Rules of Civil Procedure (1997), Rule 21, Sec. 3.
125. Ibid., Sec. 5.
126. Circular No. 4, April 7, 1987.
127. Op. cit., Sec. 6.
128. Circular No. 22, September 2, 1987.
129. SC Memo Circular No. 7, July 13, 1978.
130. DOJ Circular No. 32, August 15, 1978.
131. DOJ Circular No. 23, April 19, 1965.
132. DOJ Circular No. 66, September 7, 1955.
133. DOJ Circular No. 36, July 3, 1958.
134. DOJ Circular No. 153, November 3, 1957, quoting Sec. 4, par. 7, Phil. Army Regulations No. 410-5.
135. Rep. Act No. 1405, Secs. 2 and 3.
136. Rep. Act No. 9160, Sec. 11.
137. Rules of Civil Procedure (1997), Rule 21, Sec. 4.
138. Adm. Circular No. 3-99, January 15, 1999.
139. Op. cit., Rule 30, Sec. 1.
140. Circular No. 27-97, March 31, 1997.
141. Adm. Circular 3-99, January 15, 1999.
142. Rules of Court, Rule 135, Sec. 7.
143. Ibid., Rule 136, Sec. 17.
144. Adm. Circular No. 24-90, July 12, 1990.
145. DOJ Circular No. 28, May 27, 1954.
146. Op. cit.
147. Id.
148. Id.
149. Id.
150. Rules of Civil Procedure (1997), Rule 3, Sec. 21.
151. Pres. Decree No. 946, Sec. 16.
152. Id.
153. SC Executive Circular No. 11, December 15, 1976.
154. Rules of Civil Procedure (1997), Rule 32, Sec. 1.
155. Ibid., Sec. 2.
156. Ibid., Sec. 3.
157. Rules of Civil Procedure (1997), Rule 32, Sec. 9.
158. Ibid., Sec. 10.
159. Ibid., Sec. 11.
160. Ibid., Sec. 13.
161. Ibid., Rule 30, Sec. 9.
162. Adm. Circular No. 3-99, January 15, 1999.
163. Adm. Circular No. 1, January 28, 1988 reiterated in Adm. Circular No. 3-99, January 15, 1999.
164. Rules of Civil Procedure (1997), Rule 36, Sec. 1.
165. Circular No. 1-89, amended in Circular No. 67-2001 dated October 8, 2001.
166. Adm. Circular No. 57, November 19, 1989.
167. Rules of Civil Procedure (1997), Rule 36, Sec. 2.
168. Ibid., Rule 136, Sec. 9.
169. Batas Blg. 129, Sec. 39.
170. Interim and Transitional Rules and Guidelines Relative to the Implementation of the Judiciary Reorganization Act of 1981 (Batas Blg. 129), 19.
171. Rules of Civil Procedure (1997), Rule 67, Sec. 13.
172. Ibid., Rule 68, Sec. 7.
173. Ibid., Rule 13, Sec. 9.
174. Adm. Circular No. 57, November 19, 1989.
175. Rules of Court, Rule 97, Sec. 5.
176. Ibid., Rule 99, Sec. 8 and Pres. Decree No. 603, Art. 37.
177. Ibid., Rule 100, Sec. 4.
178. Ibid., Rule 103, Sec. 6.
179. Ibid., Rule 108, Sec. 7.
180. Family Code, Exec. Order 209, as amended, Art. 52.
181. Ibid., Art. 139.
182. Rules of Court, Rule 142, Sec. 1.
183. Ibid., Sec. 8.
184. Rules of Civil Procedure (1997), Rule 66, Sec. 12.
185. Ibid., Rule 69, Sec. 10.
186. Rules of Court, Rule 102, Sec. 19.
187. Rules of Civil Procedure (1997), Rule 40, Sec. 7.
188. Ibid., Sec. 8.
189. Ibid., Rule 41, Sec. 2.
190. Ibid., Sec. 3.
191. Rules of Civil Procedure (1997), Rule 41, Sec. 4.
192. Ibid., Sec. 5.
193. Ibid., Sec. 9.
194. Ibid., Sec. 10.
195. Rules of Court, Rule 141, Sec. 11.
196. Ibid., Sec. 12.
197. Rules of Civil Procedure (1997), Rule 42, Sec. 1.
198. Ibid., Sec. 7.
199. Ibid., Sec. 8.
200. Adm. Circular No. 7-A-92, June 21, 1993.
201. Adm. Circular No. 18-94, November 29, 1994.
202. Rev. Rules of Criminal Procedure, Rule 110, Sec. 1.
203. Ibid., Rule 111, Sec. 1.
204. Ibid., Sec. 2.
205. Revised Rules of Criminal Procedure, Rule 111, Sec. 3.
206. Ibid., Sec. 4.
207. Ibid., Sec. 5.
208. Ibid., Sec. 6.
209. Rev. Rules of Criminal Procedure (2000), Rule 112, Sec. 6, par. a.
210. Id., par. c.
211. Ibid., Rule 113, Sec. 4.
212. Circular No. 47-95, October 2, 1995.
213. Circular No. 33-96, April 24, 1996.
214. Rev. Rules of Criminal Procedure (2000), Rule 114, Sec. 1.
215. Ibid., Sec. 10.
216. Ibid., Sec. 11.
217. Ibid., Sec. 14.
218. Ibid., Sec. 15.
219. Ibid., Sec. 2.
220. DOJ Circular No. 79, August 2, 1967; DOJ Circular No. 68, October 10, 1972.
221. DOJ Circular No. 122, November 10, 1966.
222. DOJ Circular No. 68, October 10, 1972.
223. DOJ Circular No. 79, August 2, 1967.
224. Pres. Decree No. 612, Insurance Code, Sec. 187.
225. Memorandum by Hon. Maximo A. Maceren, Court Administrator, September 30, 1688, reiterated in Memorandum by Hon. Ernani Cruz Pano, September 10, 1993.
226. DOJ Circular No. 44, July 30, 1958.
227. Rev. Rules of Criminal Procedure (2000), Rule 114, Sec. 12.
228. Rep. Act No. 6036, Sec. 2.
229. Rev. Rules of Criminal Procedure (2000), Rule 114, Sec. 16.
230. Ibid., Sec. 17.
231. Ibid., Sec. 18.
232. Ibid., Sec. 19.
233. Ibid., Sec. 20.
234. Rev. Rules of Criminal Procedure (2000), Rule 114, Sec. 21.
235. Memorandum by Hon Maximo A. Maceren, Court Administrator, September 30, 1988, reiterated in Memorandum by Hon. Ernani Cruz Pano, September 10, 1993.
236. Op. cit., Sec. 22.
237. DOJ Circular No. 1, January 9, 1950.
238. Op. cit., Sec. 23.
239. Rev. Rules of Criminal Procedure (2000), Rule 114, Sec. 24.
240. Ibid., Sec. 25.
241. Ibid., Sec. 26.
242. DOJ Circular No. 64, September 16, 1955.
243. A.M. No. RTJ 89-395, en banc Res., Per Curiam, February 13, 1991.
244. Adm. Circular No. 2-92, January 20, 1992.
245. Rev. Rules of Criminal Procedure (2000), Rule 126, Sec. 1.
246. Ibid., Sec. 2.
247. Ibid., Sec. 4.
248. Ibid., Sec. 5.
249. Ibid., Sec. 6.
250. Ibid., Sec. 9.
251. Ibid., Sec. 10.
252. Ibid., Sec. 12.
253. Adm. Circular No. 13, October 1, 1985.
254. Id.
255. Circular No. 19, August 4, 1987.
256. A.M. No. 99-10-09-SC, January 25, 2000.
257. Rev. Rules of Criminal Procedure, Rule 116, Sec. 1 (The Rule on Juveniles in Conflict with the Law shall apply to those who at the time of the commission of the offense is below 18 years of age but not less than nine years of age).
258. Rev. Rules of Criminal Procedure, Rule 116, Sec. 2.
259. Ibid., Sec. 3.
260. Ibid., Sec. 4.
261. Ibid., Sec. 5.
262. Ibid., Sec. 6.
263. Ibid., Sec. 7.
264. Rev. Rules of Criminal Procedure (2000), Rule 116, Sec. 8.
265. DOJ Circular No. 49, January 6, 1967.
266. Revised Rules of Criminal Procedure (2000), Rule 118, Sec. 1.
267. Ibid., Sec. 2.
268. Ibid., Sec. 3.
269. Ibid., Sec. 4.
270. Ibid., Rule 119, Sec. 1.
271. Ibid., Sec. 2.
272. Revised Rules of Criminal Procedure (2000), Rule 119, Sec. 3.
273. Ibid., Sec. 4.
274. Ibid., Sec. 5.
275. Ibid., Sec. 6.
276. Ibid., Sec. 8.
277. Revised Rules of Criminal Procedure (2000), Rule 119, Sec. 9.
278. Ibid., Sec. 11.
279. Ibid., Sec. 12.
280. Ibid., Sec. 13.
281. Revised Rules of Criminal Procedure (2000), Rule 119, Sec. 14.
282. Ibid., Sec. 15.
283. Ibid., Sec. 16.
284. Ibid., Sec. 17.
285. Ibid., Sec. 18.
286. Ibid., Rule 110, Sec. 5, as amended by A.M. No. 02-2-07-SC, April 10, 2002.
287. Revised Rules of Criminal Procedure (2000), Rule 119, Sec. 21.
288. Ibid., Sec. 22.
289. Ibid., Sec. 23.
290. Ibid., Sec. 24.
291. Adm. Circular No. 6, December 5, 1977.
291-a. Adm. Circular No. 40-2001, August 8, 2001.
292. Circular No. 33-96, April 24, 1996.
293 Circular No. 1-98, January 2, 1998.
294. Adm. Circular No. 58, November 19, 1989.
295. Circular No. 56-92, October 5, 1992.
296. Adm. Circular No. 23-95, October 11, 1995.
297. Ibid.
298. Adm. Circular No. 5-90, February 15, 1990.
299. Adm. Circular No. 3-99, January 15, 1999,
300. Revised Rules of Criminal Procedure (2000), Rule 120, Sec. 1.
301. Ibid., Sec. 2.
302. Ibid., Sec. 3.
303. Ibid., Sec, 4.
304. Ibid., Sec. 5.
305. Ibid., Sec. 6.
306. Revised Rules of Criminal Procedure (2000), Rule 120, Sec. 7.
307. Ibid., Sec. 8.
308. Pres. Decree No. 968, as amended, Sec. 4.
309. Ibid., Sec. 7.
310. Bide v. Shirley (CCA) F. (2d) 566, (Ballantine, p. 825).
311. DOJ Circular No. 38, May 14, 1946.
312. Circular No. 66-97, October 14, 1997.
313. Circular No. 63-97 October 6, 1997 modifying Circular No. 4-92-A dated April 24, 1992.
314. Circular No. 60, August 13, 1951.
315. Revised Rules of Criminal Procedure (2000), Rule 121, Sec. 1.
316. Ibid., Sec. 2.
317. Id., Sec. 3.
318. Ibid., Sec. 5.
319. Ibid., Sec. 6.
320. Revised Rules of Criminal Procedure (2000), Rule 122, Sec. 1.
321. Ibid., Sec. 2.
322. Ibid., Sec. 3.
323. Revised Rules of Criminal Procedure (2000), Rule 122, Sec. 6.
324. Ibid., Sec. 7.
325. Ibid., Sec. 8.
326. Ibid., Sec. 9.
327. Ibid., Sec. 10.
328. Revised Rules of Criminal Procedure (2000), Rule 122, Sec. 11.
329. Ibid., Sec. 12.
330. Ibid., Sec. 13.
331. Adm. Circular No. 7-A-92, June 21, 1993.
332. Rule on Juveniles in Conflict. with the Law, Sec. 1.
333. Ibid., Sec. 6.
334. Ibid., Sec. 7.
335. Rule on Juveniles in Conflict with the Law, Sec. 10.
336. Ibid., Sec. 11.
337. Ibid., Sec. 12.
338. Ibid., Sec. 14.
339. Ibid., Sec. 16.
340. Ibid., Sec. 17.
341. Ibid., Sec. 19.
342. Rule on Juveniles in Conflict with the Law, Sec. 20.
343. Ibid., Sec. 21.
344. Ibid., Sec. 22.
345. Rule on Juveniles in Conflict with the Law, Sec. 23.
346. Ibid., Sec. 24.
347. Rule on Juveniles in Conflict with the Law, Sec. 25.
348. Ibid., Sec. 27.
349. Ibid., Sec. 28.
350. Ibid., Sec. 29.
351. Ibid., Sec. 26.
352. Rule on Juveniles in Conflict with the Law, Sec. 18.
353. Ibid., Sec. 39.
354. Ibid., Sec. 30.
355. Ibid., Sec. 5.
356. Ibid., Sec. 31.
357. Ibid., Sec. 32.
358. Rule on Juveniles in Conflict with the Law, Sec. 33.
359. Rule on Juveniles in Conflict with the Law, Sec. 34.
360. Ibid., Sec. 35.
361. Ibid., Sec. 36.
362. Ibid., Sec. 38.
363. Rule on Examination of a Child Witness, Sec. 1.
364. Ibid., Sec. 4 (a).
365. Ibid., Sec. 5.
366. Ibid., Sec. 6.
367. Rule on Examination of a Child Witness, Sec. 7.
368. Ibid., Sec. 8.
369. Ibid., Sec. 9.
370. Ibid., Sec. 10.
371. Ibid., Sec. 11.
372. Rule on Examination of a Child Witness, Sec. 12.
373. Ibid., Sec. 13.
374. Ibid., Sec. 14.
375. Ibid., Sec. 15.
376. Ibid., Sec. 16.
377. Ibid., Sec. 17.
378. Ibid., Sec. 18.
379. Ibid., Sec. 19.
380. Rule on Examination of a Child witness, Sec. 20.
381. Ibid., Sec. 21.
382. Ibid., Sec. 22.
383. Ibid., Sec. 23.
384. Ibid., Sec. 24.
385. Ibid., Sec. 25.
386. Rule on Examination of a Child Witness, Sec. 26.
387. Ibid., Sec. 27.
388. Rule on Examination of a Child Witness, Sec. 31.
389. Position Allocation List.
390. Civil Service Rules, Rule XV, Sec. 4; see also SC Memorandum No. 4, June 15, 1973.
391. Ruling of the Commissioner of Civil Service, 1st Indorsement, November 7, 1970, re proper interpretation of Civil Service Rule XV, Sec. 4.
392. SC Executive Circular No. 2, January 21, 1977.
* For NCJR, the prescribed office hours is 8:00 A.M. to 12 noon and 12:30 P.M. to 4:30 PM.
393. SC Executive Circular No. 1, February 5, 1975.
394. Id.
395. Id.
396. Id.
397. SC Executive Circular No. 21, November 16, 1973.
398. Civil Service Rules, Rule IX, Secs. 1-5.
399. SC Supervisory Circular No. 9, March 29, 1977.
400. Adm. Circular No. 3-2000, June 15, 2000.
401. Circular 47-97, July 28, 1997.
402. Id.
403. Adm. Circular No. 3-2000, June 15, 2000.
404. Circular No. 13-92, March 1, 1992.
405. A.M. No. 99-8-01-SC, September 14, 1999.
406. Rules of Court, Rule 141, Sec. 19.
407. Circular No. 59-94, October 10, 1994.
408. Rep. Act No. 3870, Sec. 4, as amended by Pres. Decree No. 1856.
409. Rules of Court, Rule 141, Sec. 19 (1).
410. Id.
411. Id.
412. Id.
413. Circular No. 22-94, April 8, 1994.
414. Id.
415. Id.
416. Id.
417. Circular No. 22-94, April 8, 1994.
418. Id.
419. Adm. Circular No. 3-2000, June 15, 2000.
420. Revised Adm. Code, Sec. 638.
421. Ibid., as amended, Sec. 190; Pres. Decree No. 500; Rep. Act No. 1687.
422. SC Supervisory Circular, July 7, 1976.
423. SC Supervisory Circular No. 8, March 29, 1977.
424. Circular No. 47-97, July 28, 1997.
425. Id.
426. Adm. Circular No. 3-98, February 5, 1998.
427. Adm. Order No. 1, s-1954, President of the Philippines; Pres. Decree No. 1288, as amended by Rep. Act No. 6713, Sec. 8 (A), 2nd par. (c).
428. SC Circular No. 3, June 6, 1973,
429. Rep. Act No. 3019, as amended by Pres. Decree No. 370 and 379.
430. Implementing Rules on Rep. Act No. 6713, Rule VII, Sec. 1 (c).
431. Circular, September 20, 1989.
432. Adm. Circular No. 10-96, September 20, 1996.
433. Id.
434. Id.
435. Circular No. 57-98, November 9, 1998.
436. Circular No. 37-2002, March 15, 2002.
437. A.M. No. 01-1-07-SC, October 16, 2001.
438. Rules of Court, Rule 136, Sec. 7.
439. Adm. Circular No. 61-2001, December 10, 2001.
440. Adm. Circular No. 61-2001, December 10, 2001.
441. Adm. Circular No. 1, January 28, 1988.
442. Adm. Circular No. 1, January 28, 1988 as amended by Adm. Circular No. 1-A, July 5, 1988.
443. Op. cit.
444. Adm. Circular No. 10-94, June 29, 1994, as amended by Adm. Circular No. 2-2001.
445. Adm. Circular No. 17-94, November 14, 1994.
446. A.M. Circular No. 1-2001, January 2, 2001.
447. Adm. Circular, No. 1-2000, February 17, 2000.
448. DOJ Circular No. 34, June 10, 1954.
449. DOJ Circular No. 61, August 16, 1955, as amended.
450. DOJ Circular No. 97, December 15, 1956, as amended.
451. Circular No. 39-97, June 19, 1997.
452. Circular No. 8-99, January 27, 1999.
453. Circular No. 62-96, September 9, 1996.
454. SC Adm. Order No. 74, December 12, 1975.
455. DOJ Circular No. 4, January 14, 1955.
456. SC Memo Circular No. 1, January 9, 1978; DOJ Circular No. 42, May 15, 1969.
457. SC Memo Circular No. 1, February 13, 1978.
458. DOJ Circular No. 49, April 21, 1969.
459. SC Circular No. 4, January 28, 1985.
460. Unnumbered SC Circular, September 20, 1989.
461. A.M. No. 02-1-18-SC, February 28, 2002.
462. Circular No. 76-97, October 27, 1997.
463. Adm. Circular No. 10-94, June 29, 1994.
464. 47 Am. Jur. 821.
465. Ibid., p. 822.
466. Rules of Civil Procedure (1997), Rule 14, Sec. 3.
467. Ibid., Sec. 4.
468. Ibid., Sec. 5.
469. Ibid., Sec. 6.
470. Ibid., Sec. 7.
471. Ibid., Sec. 8.
472. Ibid., Sec. 9.
473. Rules of Civil Procedure (1997), Rule 14, Sec. 10.
474. Ibid., Sec. 11.
475. Ibid., Sec. 12.
476. Ibid., Sec. 13.
477. Ibid., Sec. 14.
478. Ibid., Sec. 15.
479. Ibid., Sec. 16.
480. Rules of Civil Procedure (1997), Rule 14, Sec. 18.
481. Ibid., Rule 21, Sec. 6.
482. Ibid., Sec. 8.
483. Rules of Civil Procedure (1997), Rule 21, Sec. 13.
484. Ibid., Rule 39, Sec. 9.
485. Rules of Civil Procedure (1997), Rule 39, Sec. 9.
486. Ibid.
487. Ibid., Sec. 11.
488. Rules of Civil Procedure (1997), Rule 39, Sec. 14.
489. Ibid., Sec. 15.
490. Ibid., Sec. 16.
491. Rules of Civil Procedure (1997), Rule 39, Sec. 17.
492. Ibid., Sec. 18.
493. Ibid., Sec. 19.
494. Ibid., Sec. 20.
495. Ibid., Sec. 21.
496. Rules of Civil Procedure (1997), Rule 39, Sec. 22.
497. Ibid., Sec. 23.
498. Ibid., Sec. 24.
499. Ibid., Sec. 25.
500. Ibid., Sec. 26
501. Ibid., Sec. 27
502. Ibid., Sec. 28.
503. Rules of Civil Procedure (1997), Rule 39, Sec. 29.
504. Ibid., Sec. 30.
505. Ibid., Sec. 33.
506. Ibid., Sec. 39.
507. Ibid., Sec. 42.
508. Rules of Civil Procedure (1997), Rule 39, Sec. 43.
509. Ibid., Sec. 44.
510. Ibid., Sec. 45.
511. Ibid., Rule 57, Sec. 1.
512. Ibid., Sec. 2.
513. Ibid., Sec. 5.
514. Rules of Civil Procedure (1997), Rule 57, Sec. 6.
515. Ibid., Sec. 7.
516. Rules of Civil Procedure (1997), Rule 57, Sec. 8.
517. Ibid., Sec. 9.
518. Ibid., Sec. 10.
519. Ibid., Sec. 11.
520. Ibid., Sec. 12.
521. Rules of Civil Procedure (1997), Rule 57, Sec. 13.
522. Ibid., Sec. 14.
523. Ibid., Sec. 15.
524. Ibid., Sec. 16.
525. Ibid., Sec. 18.
526. Ibid., Sec. 19.
527. Rules of Civil Procedure (1997), Rule 60, Secs. 1 and 2.
528. Ibid., Sec. 4.
529. Ibid., Sec. 5.
530. Ibid., Sec. 6.
531. Ibid., Sec. 7.
532. Rules or Civil Procedure (1997), Rule 60, Sec. 8.
533. Ibid., Rule 65, Sec. 6.
534. Ibid., Sec. 9.
535. Ibid. Rule 67, Sec. 5.
536. Ibid., Rule 68, Sec. 2.
537. Ibid., Sec. 3.
538. Rules of Civil Procedure (1997), Rule 68, Sec. 4.
539. Ibid., Sec. 5.
540. Ibid., Sec. 6.
541. Ibid., Sec. 7.
542. Act No. 3135, Sec. 1.
543. Ibid., Sec. 2.
544. Ibid., Sec. 3.
545. Ibid., Sec. 4.
546. Ibid., Sec. 5.
547. Act No. 1508, Sec. 14.
548. A.M. No. 99-10-05-0, as amended, March 1, 2001 and August 7, 2001.
549. Rep. Act No. 7353 (New Rural Banks' Act), Sec. 6.
550. Rep. Act No. 7906 (Thrift Bank Act of 1995), Sec. 18.
551. Pres. Decree No. 385, Sec. 1.
552. Ibid., Sec. 3.
553. Ibid., Sec. 4.
554. Rep. Act No. 8791 (The General Banking Law of 2000), Sec. 47.
555. Rep. Act No. 8523, Sec. 12.
556. Rule on Search and Seizure in Civil Actions for Infringement of Intellectual Property Rights, Sec. 2.
557. Ibid., Sec. 3.
558. Ibid., Sec. 5.
559. Ibid., Sec. 7.
560. Ibid., Sec. 8.
561. Rule on Search and Seizure in Civil Actions for Infringement of Intellectual Property Rights, Sec. 10.
562. Ibid., Sec. 11.
563. Ibid., Sec. 13.
564. Ibid., Sec. 14.
565. Rule on Search and Seizure in Civil Actions for Infringement of Intellectual Property Rights, Sec. 15.
566. Ibid., Sec. 16.
567. Ibid., Sec. 17.
568. Ibid., Sec. 19.
569. Ibid., Sec. 23.
570. Rule on Search and Seizure in Civil Actions for Infringement of Intellectual Property Rights, Sec. 24.
571. Adm. Circular No. 12, October 1, 1985.
572. Rep. Act No. 7691, Sec. 34.
CHAPTER VII — First Level Courts
1. Sec. 5 of Rep. Act No. 7691 provides that "[a]fter five (5) years from the effectivity of this Act, the jurisdictional amounts mentioned in Sec. 19 (3), (4), and (8); and Sec. 33 (1) of Batas Blg. 129 as amended by this Act, shall be adjusted to Two hundred thousand pesos (P200,000.00). Five (5) years thereafter, such jurisdictional amounts shall be adjusted further to Three hundred thousand (P300,000.00): Provided, however, That in the case of Metro Manila, the abovementioned jurisdictional amounts shall be adjusted after five (5) years from the effectivity of this Act to Four hundred thousand pesos (P400,000.00)". The law was approved on March 25, 1994 and, per Sec. 8 thereof, took effect fifteen (15) days from its publication in the Official Gazette or in two (2) national newspapers of general circulation.
2. Rep. Act No. 8189 (The Voter's Registration Act of 1996), Sec. 33.
3. Omnibus Election Code (Batas Blg. 881), Sec. 49.
4. Ibid., Sec. 268.
5. Ibid., Sec. 252.
6. Under Sec. 2 of Rule 112 of the Revised Rules of Criminal Procedure, judges of Municipal Trial Courts and Municipal Circuit Trial Courts shall have authority to conduct preliminary investigations in "all crimes cognizable by the proper court in their respective territorial jurisdictions".
7. As amended under CSC Resolution No. 991772, August 10, 1999.
8. Id.
9. Id.
10. Id.
11. Id.
12. As amended under CSC Resolution No. 991772, August 10, 1999.
13. Id.
14. Id.
15. Id.
16. Adm. Order No. 6, pars. 1 (5) and IV (2), June 30, 1975.
17. Clerk of Court also includes Clerk of Court V and Clerk of Court IV, who perform similar functions and duties.
18. Circular No. 70-97, October 21, 1997.
19. Sec. 1A of the Revised Rule on Summary Procedure.
20. Rule on Summary Procedure, Sec. 3.
21. Ibid., Sec. 4.
22. Ibid., Sec. 5.
23. Ibid., Sec. 6.
24. Ibid., Sec. 7.
25. Ibid., Sec. 8.
26. Rule on Summary Procedure, Sec. 9.
27. Ibid., Sec. 10.
28. Rules of Civil Procedure (1997), Rule 40, Sec. 1.
29. Ibid., Sec. 2.
30. Ibid., Sec. 3.
31. Ibid., Sec. 5.
32. Ibid., Sec. 6.
33. Sec. 1B of the Revised Rule on Summary Procedure.
34. Ibid., Sec. 16.
35. Ibid., Sec. 12.
36. Ibid., Sec. 13.
37. Ibid., Sec. 14.
38. Ibid., Sec. 15.
39. Rule on Summary Procedure, Sec. 16.
40. Ibid., Sec. 17.
41. Revised Rules of Criminal Procedure (2000), Rule 112, Sec. 3.
42. Ibid., Sec. 3.
43. Ibid., Sec. 5.
44. Ibid., Sec. 6 (par. b).
45. Rev. Rules of Criminal Procedure (2000), Rule 112, Sec. 8.
46. Ibid., Sec. 9 (b).
47. Rule on Summary Procedure, Sec. 18.
48. Ibid., Sec. 19.
49. Ibid., Sec. 20.
50. Ibid., Sec. 21.
51. Rule on Juveniles in Conflict with the Law, Sec. 13.
52. Ibid., Sec. 15.
53. Circular 51-97 dated July 15, 1997.
CHAPTER VIII — Shari'a Courts
1. Pres. Decree No. 1083 (Code of Muslim Personal Laws of the Philippines), Art. 137.
2. Ibid., Art. 138.
3. Ibid., Art. 147.
4. Op. cit.
5. Ibid., Art. 143.
6. Op. cit.
7. Ibid., Art. 144.
8. Op. cit.
9. Ibid., Art. 146.
10. Ibid., Art. 150.
11. Ibid., Art. 157.
12. Ibid., Art. 155.
13. Ibid., Art. 156.
14. Special Rules of Procedure for Shari'a Courts, Sec. 1.
15. Ibid., Sec. 2.
16. Ibid., Sec. 3.
17. Ibid., Sec. 4.
18. Ibid., Sec. 5.
19. Ibid., Sec. 6.
20. Ibid., Sec. 7.
21. Special Rules of Procedure of Shari'a Courts, Sec. 8.
22. Ibid., Sec. 9.
23. Ibid., Sec. 10.
24. Ibid., Sec. 11.
25. Ibid., Sec. 12.
26. Ibid., Sec. 13.
27. Ibid., Sec. 16.
28. Ibid., Sec. 17.
29. Ibid., Sec. 18.
n Note from the Publisher: Copied verbatim from the official document.
n Note from the Publisher: Copied verbatim from the official document. Duplication of Paragraph 4.3.1.3.
n Note from the Publisher: Copied verbatim from the official document. This should read as "12".
n Note from the Publisher: Copied verbatim from the official document. "1992" should read as "1972".
n Note from the Publisher: Copied verbatim from the official document.