Designation of Clerks of Court of RTCs as Ex Officio Clerks of Court of Sandiganbayan
On November 29, 1994, the Supreme Court of the Philippines issued Administrative Circular No. 18-94 designating Clerks of Court from Regional Trial Courts (excluding those in the National Capital Region) as Ex Officio Clerks of Court for the Sandiganbayan. This decision addresses the challenges faced by prosecutors in filing informations for inquest cases when arrests occur far from the Sandiganbayan's location, which could lead to the unlawful release of detainees. Under the new guidelines, these Clerks of Court are responsible for receiving and transmitting informations related to inquest investigations to the Sandiganbayan within five days of filing. Additionally, Executive Judges of the Regional Trial Courts are authorized to approve bail applications for certain offenses, ensuring adherence to procedural timelines. Compliance with these guidelines is mandated.
Quick Answers
- What is Designation of Clerks of Court of RTCs as Ex Officio Clerks of Court of Sandiganbayan about?
- On November 29, 1994, the Supreme Court of the Philippines issued Administrative Circular No. 18-94 designating Clerks of Court from Regional Trial Courts (excluding those in the National Capital Region) as Ex Officio Clerks of Court for the Sandiganbayan. This decision addresses the challenges faced by prosecutors in filing informations for inquest cases when arrests occur far from the Sandiganbayan's location, which could lead to the unlawful release of detainees. Under the new guidelines, these Clerks of Court are responsible for receiving and transmitting informations related to inquest investigations to the Sandiganbayan within five days of filing. Additionally, Executive Judges of the Regional Trial Courts are authorized to approve bail applications for certain offenses, ensuring adherence to procedural timelines. Compliance with these guidelines is mandated.
- What type of law is Supreme Court Administrative Circular No. 18-94?
- Designation of Clerks of Court of RTCs as Ex Officio Clerks of Court of Sandiganbayan (Supreme Court Administrative Circular No. 18-94) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Designation of Clerks of Court of RTCs as Ex Officio Clerks of Court of Sandiganbayan enacted?
- Designation of Clerks of Court of RTCs as Ex Officio Clerks of Court of Sandiganbayan (Supreme Court Administrative Circular No. 18-94) was enacted on Nov 29, 1994.
- What is the citation for Designation of Clerks of Court of RTCs as Ex Officio Clerks of Court of Sandiganbayan?
- Designation of Clerks of Court of RTCs as Ex Officio Clerks of Court of Sandiganbayan, Supreme Court Administrative Circular No. 18-94, Nov 29, 1994 (Philippines)
Law Information
- Reference Number
- Supreme Court Administrative Circular No. 18-94
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Administrative Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
November 29, 1994
SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 18-94
| TO | : | All Executive Judges and Clerks of Court of the Regional Trial Courts (Except those in the National Capital Judicial Region) |
| SUBJECT | : | Designation of Clerks of Court of Regional Trial Courts as Ex Officio Clerks of Court of the Sandiganbayan |
The attention of the Court has been called to the problem of prosecutors in the filing of informations in inquest cases cognizable by the Sandiganbayan. Presently, such informations may be filed only in the Sandiganbayan with seat of Manila. The problem arises when an arrest without warrant occurs in a distant place making it physically impossible to file the information with the Sandiganbayan within the reglementary period of detention under Article 125 of the Revised Penal Code. If the person arrested does not sign a waiver of the provisions of said article, the inquest prosecutor is oftentimes constrained to order the arresting officer to release the person arrested.
In order to obviate this problem, the Court RESOLVED to promulgate the following guidelines:
1. 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.
2. 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.
3. 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.
Strict compliance is hereby enjoined.
November 29, 1994.
(SGD.) ANDRES R. NARVASAChief Justice
Cite This Law
Designation of Clerks of Court of RTCs as Ex Officio Clerks of Court of Sandiganbayan, Supreme Court Administrative Circular No. 18-94, Nov 29, 1994 (Philippines)
Designation of Clerks of Court of RTCs as Ex Officio Clerks of Court of Sandiganbayan, Supreme Court Administrative Circular No. 18-94 (Phil. 1994)
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