Court Resolution Dated 22 November 2016
The OCA Circular No. 271-2016 provides guidelines for handling urgent matters in single sala stations when there is a vacancy or the presiding judge is absent or disabled. In such cases, the Clerk of Court can refer urgent matters to the nearest presiding judge of the appropriate Regional or Municipal Trial Court for immediate action, including restraining orders and injunctions. The referral process requires certification by the Clerk of Court regarding the vacancy or absence of the judge, and notification to the relevant Executive Judge or Court Administrator. This amendment aims to ensure that urgent judicial needs are addressed promptly while maintaining the integrity of future case assignments.
Quick Answers
- What is Court Resolution Dated 22 November 2016 about?
- The OCA Circular No. 271-2016 provides guidelines for handling urgent matters in single sala stations when there is a vacancy or the presiding judge is absent or disabled. In such cases, the Clerk of Court can refer urgent matters to the nearest presiding judge of the appropriate Regional or Municipal Trial Court for immediate action, including restraining orders and injunctions. The referral process requires certification by the Clerk of Court regarding the vacancy or absence of the judge, and notification to the relevant Executive Judge or Court Administrator. This amendment aims to ensure that urgent judicial needs are addressed promptly while maintaining the integrity of future case assignments.
- What type of law is OCA Circular No. 271-2016?
- Court Resolution Dated 22 November 2016 (OCA Circular No. 271-2016) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Court Resolution Dated 22 November 2016 enacted?
- Court Resolution Dated 22 November 2016 (OCA Circular No. 271-2016) was enacted on Dec 5, 2016.
- What is the citation for Court Resolution Dated 22 November 2016?
- Court Resolution Dated 22 November 2016, OCA Circular No. 271-2016, Dec 5, 2016 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 271-2016
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
December 5, 2016
OCA CIRCULAR NO. 271-2016
| TO | : | All Judges and Clerks of Court of the First and Second Level Courts |
| SUBJECT | : | Court Resolution Dated 22 November 2016 |
Pursuant to the 22 November 2016 Resolution of the Court En Banc in A.M. No. 16-11-390-RTC(Re: Further Amendments to Administrative Order No. 134-92, Which Establishes a Pairing System for Single Sala Stations), the Court RESOLVED to FURTHER AMEND Administrative Order No. 134-92 which established a pairing system for single sala stations, as amended by Administrative Order No. 19-97 dated February 14, 1997, the full text of which is as follows:
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, OR IN CASE OF THE ABSENCE OR UNAVAILABILITY OF THE LATTER, the Clerk of Court, upon the 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 appointments of a new judge, the return of the regular judge, the assignment of an acting judge, OR THE RETURN THEREOF, 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; and
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, OR THE LATTER IS ABSENT OR OTHERWISE UNAVAILABLE. 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. [AMENDMENTS IN BOLD]
For your information, guidance and strict compliance.
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator
Cite This Law
Court Resolution Dated 22 November 2016, OCA Circular No. 271-2016, Dec 5, 2016 (Philippines)
Court Resolution Dated 22 November 2016, OCA Circular No. 271-2016 (Phil. 2016)
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