Amendment on Section 1 of A.O. No. 170-2008, Revised Guidelines in the Disposal and/or Destruction of Court Records, Papers and Exhibits
Supreme Court Administrative Order No. 36-11 amends Section 1 of Administrative Order No. 170-2008 regarding the disposal and destruction of court records, papers, and exhibits. The amendment clarifies that "court records" include both basic pleadings and object evidence, such as physical items that cannot be attached to case files. It stipulates that records related to cases terminated for at least seven years may be disposed of, with certain exceptions, including naturalization cases and death penalty cases, which must be retained. Additionally, decisions from terminated cases must be archived, and duplicate originals sent to the Supreme Court Library for preservation.
Quick Answers
- What is Amendment on Section 1 of A.O. No. 170-2008, Revised Guidelines in the Disposal and/or Destruction of Court Records, Papers and Exhibits about?
- Supreme Court Administrative Order No. 36-11 amends Section 1 of Administrative Order No. 170-2008 regarding the disposal and destruction of court records, papers, and exhibits. The amendment clarifies that "court records" include both basic pleadings and object evidence, such as physical items that cannot be attached to case files. It stipulates that records related to cases terminated for at least seven years may be disposed of, with certain exceptions, including naturalization cases and death penalty cases, which must be retained. Additionally, decisions from terminated cases must be archived, and duplicate originals sent to the Supreme Court Library for preservation.
- What type of law is Supreme Court Administrative Order No. 36-11?
- Amendment on Section 1 of A.O. No. 170-2008, Revised Guidelines in the Disposal and/or Destruction of Court Records, Papers and Exhibits (Supreme Court Administrative Order No. 36-11) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Amendment on Section 1 of A.O. No. 170-2008, Revised Guidelines in the Disposal and/or Destruction of Court Records, Papers and Exhibits enacted?
- Amendment on Section 1 of A.O. No. 170-2008, Revised Guidelines in the Disposal and/or Destruction of Court Records, Papers and Exhibits (Supreme Court Administrative Order No. 36-11) was enacted on Feb 25, 2011.
- What is the citation for Amendment on Section 1 of A.O. No. 170-2008, Revised Guidelines in the Disposal and/or Destruction of Court Records, Papers and Exhibits?
- Amendment on Section 1 of A.O. No. 170-2008, Revised Guidelines in the Disposal and/or Destruction of Court Records, Papers and Exhibits, Supreme Court Administrative Order No. 36-11, Feb 25, 2011 (Philippines)
Law Information
- Reference Number
- Supreme Court Administrative Order No. 36-11
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Administrative Orders
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
February 25, 2011
SUPREME COURT ADMINISTRATIVE ORDER NO. 36-11
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All Presiding Justices and Clerks of Court of the Court of Appeals, Sandiganbayan, and Court of Tax Appeals; and All Judges and Clerks of Court of the Regional Trial Courts, Sharia' District Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts and Sharia' Circuit Courts
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Amendment on Section 1 of A.O. No. 170-2008, Revised Guidelines in the Disposal and/or Destruction of Court Records, Papers and Exhibits
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Section 1 of Administrative Order (A.O.) No. 170-2008 issued on 11 November 2008 provides that the phrase "court records, papers and exhibits" refers to basic pleadings and various supporting papers, documents and exhibits attached to the expediente or rollo but do not cover decisions of terminated cases. In its 14 September 2010 Resolution in A.M. No. 10-9-05-O (Re: Query of RCA Cresencio C. Tan, Jr., RCAO-Lapu-Lapu City, on the Guidelines to be Followed in the Disposal/Destruction of Object Evidence), the Court ordered that the term "exhibits" be redefined to include object evidence which by reason of their nature cannot be literally attached with the expediente or rollo, e.g., knives, video karera machines, bags and the like.
In view thereof, Section 1 of A.O. No. 170-2008 is hereby amended to read as follows:
"1. The court records, papers and exhibits subject of the disposal and/or destruction must pertain to cases terminated for at least seven (7) years, EXCEPT the following, which shall remain in the office storage of every court, to wit:
(a) Naturalization cases;
(b) Big land cases;
(c) Precedent-setting cases without records in the Supreme Court;
(d) Death Penalty cases; and
(e) Criminal cases where the Board of Pardons and Parole may require certain documents, important court exhibits, extended resolutions resolving motions for reconsideration and the like.
The phrase "court records, papers and exhibits" refers to basic pleadings and various supporting papers, documents and exhibits attached to the expediente or rollo including object evidence or exhibits which by nature cannot be physically appended thereto, e.g., knives, video karera machines, bags and the like. The phrase, however, does not cover decisions of terminated cases. Decisions must still be maintained in the archives of the respective courts. In addition, a duplicate original copy of each decision must be sent to the Supreme Court Library to preserve repositorial value of judicial statements set forth therein;" aSTAcH
This Administrative Order, therefore, amends Section 1 of A.O. No. 170-2008 in so far as the disposal of object evidence in cases terminated for at least seven (7) years and not covered by any special rule or law is concerned.
(SGD.) RENATO C. CORONAChief Justice
Cite This Law
Amendment on Section 1 of A.O. No. 170-2008, Revised Guidelines in the Disposal and/or Destruction of Court Records, Papers and Exhibits, Supreme Court Administrative Order No. 36-11, Feb 25, 2011 (Philippines)
Amendment on Section 1 of A.O. No. 170-2008, Revised Guidelines in the Disposal and/or Destruction of Court Records, Papers and Exhibits, Supreme Court Administrative Order No. 36-11 (Phil. 2011)
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