Guidelines in the Disposal and/or Destruction of Court Records, Papers and Exhibits

July 25, 2007

SUPREME COURT ADMINISTRATIVE ORDER NO. 120-07

1. The court records, papers and exhibits subject of the disposal and/or destruction must pertain to cases terminated for at least seven (7) years, EXCEPT the following, which shall remain in the office storage of every court, to wit: cCAIaD

(a) Naturalization cases;

(b) Big land cases;

(c) Precedent-setting cases without records in the Supreme Court;

(d) Death Penalty cases; and

(e) Criminal cases where the Board of Pardons and Parole may require certain documents, important court exhibits, extended resolutions resolving motions for reconsideration, and the like . . .

The phrase "court records, papers and exhibits " refers to basic pleadings and various supporting papers, documents and exhibits attached to the expediente or rollo but does not cover decisions of terminated cases. These decisions must still be maintained in the archives of the respective courts to preserve the repositorial value of judicial statements set forth therein;

2. After the last day of the retention period, a request for authority to dispose of and/or to destroy court records, papers, and exhibits shall be filed with the Office of the Court Administrator (OCA), using the prescribed form (Form 1). The request shall be acted upon by the Court Administrator within thirty (30) days from receipt hereof;

3. Notices of the intention to dispose of and/or destroy court records, papers and exhibits must be posted for at least thirty (30) days from date of receipt of the approval of the Office of the Court Administrator of the authority to dispose of and/or destroy the court records, papers and exhibits, at the main entrances of three (3) conspicuous public places such as the Hall of Justice, Provincial Capitol, City, or Municipal Hall, and the Post Office; EacHCD

4. Corresponding notices relative to such disposal and/or destruction of court records, papers and exhibits shall be sent to the parties and/or counsel of record who may wish to retrieve documents/evidence from said court records at least thirty (30) days prior to the date of actual disposal and/or destruction;

5. The disposal and/or destruction must be carried out after the expiration of thirty (30) days as provided in the preceding paragraph, and shall be undertaken by selling or burning the court records, papers and exhibits, or by some other practicable manner;

6. The sale or burning shall be conducted in the presence of the Presiding Justice/Executive Judge/Presiding Judge, the Clerk of Court and the representative from the Commission on Audit;

7. The Clerk of Court shall issue the corresponding official receipt to the buyer of the disposed court records, papers, or exhibits, and the amount collected therefor shall be recorded in a separate report of collection specifying the nature of the income;

8. The Clerk of Court shall remit to the Judiciary Development Fund the proceedings from the sale under a separate Remittance Advice to the credit of the court involved with notice of such remittance furnished the Office of the Court Administrator;

9. Within thirty (30) days after the disposal and/or destruction of court records, papers, and exhibits in accordance with the preceding procedures, the Clerk of Court shall prepare a Disposal Report duly noted by the Presiding Justice/Executive Judge/Presiding Judge, and submit the same to the Office of the Court Administrator;

10. The Disposal Report must specify the: (a) court records, papers, and exhibits disposed of and/or destroyed, (b) compliance with the basic requirements for the disposal and/or destruction of said court records, papers and exhibits, and (c) facts concerning the exhaustive efforts by the court concerned to notify the parties and/or counsel of records as prescribed in paragraph 4 hereof; and

11. Non-submission of the Disposal Report shall be subject to administrative sanctions as the Court may appropriately impose. ACTESI

The provisions of this Administrative Order shall not be applicable to court records, papers and exhibits where there is a specific law providing the disposal and/or destruction thereof.

Strict observance of the above rules/procedures is hereby enjoined.

The Administrative Order amends or otherwise supersedes Administrative Order No. 13 dated April 29, 1981, and such other orders, circulars and other issuances inconsistent herewith.

(SGD.) REYNATO S. PUNOChief Justice

FORM 1

REQUEST FOR AUTHORITY TO DISPOSE OF/DESTROY COURT RECORDS,

PAPERS AND EXHIBITS

Date _____________

Hon.__________________

Sir:

Authority is requested to dispose of and/or destroy the records, papers and/or exhibits in the following cases listed below:

Case	Court	No. of	Date of	Reason for
Number	Records/Exhibits/Papers	Pages	Entry of	Disposal
	Description		Judgment
___________	______________________	________	__________	________
___________	______________________	________	__________	________
___________	______________________	________	__________	________
___________	______________________	________	__________	________
___________	______________________	________	__________	________

 

Respectfully yours,

__________________

RECOMMENDING APPROVAL:

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