Disposal and/or Destruction of Court Records, Papers and Exhibits

April 29, 1981

SUPREME COURT ADMINISTRATIVE ORDER NO. 13-81

SUBJECT : Disposal and/or Destruction of Court Records, Papers and Exhibits

To establish a uniform procedure in the disposal or destruction of records, papers and exhibits pertaining to court cases terminated for at least fifteen (15) years, it is hereby provided that the Court of Appeals, Sandiganbayan, Court of Tax Appeals, Courts of First Instance, Circuit Criminal Courts, Juvenile and Domestic Relations Courts, Courts of Agrarian Relations, City and Municipal Courts shall follow the following rules:

1. Notice of the intention to dispose of and/or destroy court records, papers and exhibits should be made known to all interested parties by publication in a newspaper of general circulation, once a week for two (2) consecutive weeks;

2. Such notice should likewise be posted for two (2) weeks in three (3) public places, such as the provincial capitol, the city or municipal hall, the public market and the court house;

3. Such court records, papers and exhibits to be disposed of and/or destroyed should pertain to cases already terminated for at least fifteen (15) years;

4. Any party or counsel of record interested in withdrawing any record or exhibit intended to be disposed of and/or destroyed may file the corresponding motion for such purpose before the scheduled date of disposal and/or destruction;

5. The destruction shall be carried out not earlier than one (1) month from and after the date of the last publication, which shall be done by selling or burning said records, papers and exhibits, or by some other practicable manner;

6. The sale shall be conducted in the presence of the Executive Judge or the Clerk of Court and the Resident Auditor of the lower courts. If the sale is made in provincial courts, the Executive Judge and the Clerk of Court shall be present during the conduct of the sale with the representative of the Commission on Audit in the Area; HcaDTE

7. The Clerk of Court shall issue the official receipt to the buyer of the old court records, papers, or exhibits;

8. The Clerk of Court shall report to the Court Administrator the collection in a separate report of collection, specifying the nature of the income; and

9. The Clerk of Court shall remit to the National Treasury the proceeds from the sale under a separate Remittance Advice to the credit of the Courts of First Instance, with notice of such remittance furnished the Court Administrator.

Strict observance of the above rules is hereby enjoined.

This order supersedes any previous administrative order or circular issued on the matter.

April 29, 1981.

 

(SGD.) ENRIQUE M. FERNANDOChief Justice