Guidelines on Cases Falling within the Jurisdiction of the First Level Courts Pursuant to Republic Act No. 11576

March 28, 2022

OCA CIRCULAR NO. 72-2022

 

In view of the approval by the Supreme Court En Banc of the Rules on Expedited Procedures in the First Level Courts (A.M. No. 08-8-7-SC) per its Resolution dated 01 March 2022, wherein the effectivity thereof was decreed to "prospectively apply only to cases filed from (11 April 2022)," 1 and based on the guidance of the Honorable Chief Justice Alexander G. Gesmundo that Republic Act (R.A.) No. 11576, entitled an Act Further Expanding the Jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts, Amending for the Purpose Batas Pambansa Blg. 129, Otherwise known as "The Judiciary Reorganization Act of 1980," as amended, is to be applied prospectively as provided in the said law, all concerned judges, clerks of court, branch clerks of court, and officers-in-charge of the first and second level courts are hereby DIRECTED to follow the guidelines below:

1. for those cases filed with the second level courts before 21 August 2021 which fall under the jurisdiction of the first level courts pursuant to R.A. No. 11576, regardless of the stage thereof, the same shall remain with and be decided by the concerned second level courts;

2. for those cases which were remanded by the second level courts to the first level courts pursuant to OCA Circular No. 115-2021 dated 20 August 2021 (Re: Effectivity of Republic Act No. 11576), irrespective of the stage of proceedings, the same shall be RETURNED to the concerned second level courts; and,

3. for those remanded cases by the second level courts to the first level courts which had already been decided by the latter courts prior to the issuance of this circular, the said decisions are deemed in order and valid as the concerned first level courts are considered to have acquired jurisdiction over the subject cases.

To clarify, cases filed after 21 August 2021 and up to 10 April 2022, falling under the jurisdiction of first level courts pursuant to R.A. 11576, are not covered by the "Rules on Expedited Procedures in the First Level Courts" since said pending cases "shall remain with and be decided by those same courts (first or second level courts) based on the rules applicable at the time those cases were filed." 2

For guidance and strict compliance.

(SGD.) RAUL BAUTISTA VILLANUEVACourt Administrator

Footnotes

1. Rule V (Effectivity), A.M. No. 08-8-7-SC.

2.Id.