Application of Transitory Provision of R.A. No. 10951
OCA Circular No. 19-2018 clarifies the application of the transitory provisions of R.A. No. 10951, which adjusts property values and penalties under the Revised Penal Code. It specifies that the term "trial" includes arraignment, meaning that once arraignment has occurred, the court retains jurisdiction over the case until its resolution. This provision is effective from September 16, 2017, and aligns with the Revised Guidelines for Continuous Trial of Criminal Cases. Judges of First and Second Level Courts are advised to follow this guidance in their proceedings.
Law Information
- Reference Number
- OCA Circular No. 19-2018
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
January 31, 2018
OCA CIRCULAR NO. 19-2018
| TO | : | All Judges of the First and Second Level Courts |
| SUBJECT | : | Application of Transitory Provision of R.A. No. 10951 |
In reply to the numerous requests for further clarification, particularly on the Transitory Provision of R.A. No. 10951, otherwise known as An Act Adjusting the Amount or the Value of Property and Damage on Which a Penalty is Based and the Fines Imposed under the Revised Penal Code, Amending for the Purpose Act No. 3815, Otherwise Known as "The Revised Penal Code," as Amended, please be informed that the term "trial" in Section 101 which in part states, "where trial has already started, the courts having such cases shall not lose jurisdiction over the same" is deemed to include arraignment.
Hence, effective 16 September 2017, where arraignment has already been conducted, the court presiding over the case shall continue to have jurisdiction over the same until it is resolved and terminated.
This is also consistent and in accordance with the Revised Guidelines for Continuous Trial of Criminal Cases.
Please be guided accordingly. ETHIDa
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator
Cite This Law
Application of Transitory Provision of R.A. No. 10951, OCA Circular No. 19-2018, Jan 31, 2018 (Philippines)
Application of Transitory Provision of R.A. No. 10951, OCA Circular No. 19-2018 (Phil. 2018)
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