En Banc Resolution in A.M. No. 22-08-16-SC (Re: Amendment of A.C. No. 12 on Guidelines and Procedure in the Service and Execution of Court Writs and Processes in the Reorganized Courts)
The OCA Circular No. 276-2022, issued on October 11, 2022, provides updated guidelines for the service and execution of court writs and processes in the Philippines, amending Administrative Circular No. 12 from 1985. The key amendment stipulates that sheriffs and other court officials must notify the Executive Judge or Presiding Judge in writing before executing writs or serving processes outside their territorial jurisdiction. Additionally, they may request assistance from local sheriffs in the area where the execution or service is to occur. This resolution aims to enhance coordination and compliance in court processes.
October 11, 2022
OCA CIRCULAR NO. 276-2022
| TO | : | All First and Second Level Courts |
| SUBJECT | : | En Banc Resolution dated 30 August 2022 in A.M. No. 22-08-16-SC (Re: Amendment of Administrative Circular [A.C.] No. 12 dated October 1, 1985 [Re: Guidelines and Procedure in the Service and Execution of Court Writs and Processes in the Reorganized Courts]) |
For information, guidance, and strict observance, quoted below, and attached as Annex "A", is the Resolution dated 30 August 2022 of the Honorable Court en banc in A.M. No. 22-08-16-SC (Re: Amendment of Administrative Circular [A.C.] No. 12 dated October 1, 1985), to wit:
A.M. No. 22-08-16-SC (Re: Amendment of Administrative Circular [A.C.] No. 12 dated October 1, 1985). — Acting on the Memorandum dated August 18, 2022 of Court Administrator Raul B. Villanueva, the Court Resolved to AMEND paragraph No. 5 of Administrative Circular No. 12 dated October 1, 1985, to read as follows:
5. No sheriff or deputy sheriff, process server or other court authorized person shall execute a court writ or serve a court process outside his or her territorial jurisdiction without first notifying in writing the Executive Judge or Presiding Judge of the court/station having jurisdiction over the location where the execution shall take place or over the location of residence of the defendant or of the person subject of the process. In executing court writs or serving court processes, the sheriff or deputy sheriff, process server or other court authorized person may seek the assistance of the sheriff of the location where the execution shall take place or the place of residence of the defendant or of the person subject of the process. [Amendments in bold]
(SGD.) JENNY LIND R. ALDECOA-DELORINODeputy Court Administrator and(Per Memorandum Order No. 147-2022 dated 05 October 2022)
ANNEX A
A.M. No. 22-08-16-SC