Guidelines on Selection, Designation, Powers and Duties of Executive Judge of CFIs

June 30, 1975

SUPREME COURT ADMINISTRATIVE ORDER NO. 6-75

TO : All Judges of the Courts of First Instance

THE EXECUTIVE JUDGE

To provide a more effective and efficient management of lower courts, the following guidelines on the selection, designation, powers and duties of the Executive Judge of Courts of First Instance are hereby promulgated:

I. BASIC CONCEPT

The Executive Judge derives his powers and prerogatives through delegation thereof by the Supreme Court. In virtue of that delegation, he shall exercise the following general powers, prerogatives and duties:

1. To provide leadership in, and to coordinate the management of the Courts of First Instance and the Municipal and City Courts within his administrative area;

2. To balance the workload among courts and judges;

3. To implement policies concerning court operations laid down by the Supreme Court;

4. To identify and correct problems in court operations;

5. To direct, through the Clerk of Court, staff support activities to improve judiciary services;

6. To encourage professional development of judicial personnel; and

7. To exercise such other powers and prerogatives as may, in his judgment, be necessary or incidental to the performance of his functions as a court administrator.

II. SELECTION AND DESIGNATION

In stations where there is only a single branch (sala), the Presiding Judge thereof shall ipso facto be the Executive Judge within his administrative area.

In stations or groupings where there are two or more branches, the Supreme Court shall select and designate the Executive Judge on the basis of administrative qualifications, experience, and ability.

Unless sooner relieved by the Supreme Court, the Executive Judge shall serve for a term of two years, and may be redesignated.

A Vice-Executive Judges may be designated for the same term to act in the absence or inability of the Executive Judge, or whenever the need for such designation arises, the Judge so designated may also exercise such specific powers, prerogatives and duties as may be specially assigned to him by the Supreme Court. The Supreme Court may provide such honorarium as it may deem appropriate for the Vice-Executive Judge.

III. ADMINISTRATIVE AREA

The Executive Judge shall exercise all his powers and prerogatives as such over all Courts of First Instance and over Municipal and City Courts within his administrative area as defined in the appendix attached hereto.

IV. SPECIFIC POWERS, PREROGATIVES AND DUTIES

The specific powers, prerogatives and duties of the Executive Judge are as follows:

1. To investigate administrative complaints against Municipal and City Judges, and other court personnel within his administrative area; and to submit his findings and recommendations to the Supreme Court.

2. To supervise directly the work and activities of the Clerk of Court and his staff.

3. To exercise general supervision of all personnel in all branches (salas) within the administrative area; provided that such supervision in matters not herein expressly provided shall not interfere with the internal control of, and management by, each judge over his own branch (sala).

4. To re-assign temporarily the personnel of one branch (sala) to another branch (sala) or to the Office of the Clerk of Court, in case of vacancy in the position of Presiding Judge of a branch (sala), or when the interest of the service requires. In the latter case, the assignment shall be made in consultation with the Presiding Judge of the branch (sala) concerned; and, in cases of disagreement, the assignment by the Executive Judge shall be effective immediately, unless revoked by the Supreme Court.

5. To personally authorize disbursements for maintenance and repair of court equipment and for travel expenses of sheriffs and process servers out of funds in the custody of the Clerk of Court received by him as cash advances from the Supreme Court, in an amount not exceeding One Thousand Five Hundred (P1,500.00) Pesos for each branch (sala) per quarter, provided, that said amount may be increased or reduced for any one branch (sala) so long as the total disbursements for all branches (salas) do not exceed the aggregate amount herein authorized; and provided further that additional amounts in excess of such aggregate, when necessary, may be applied for from the Supreme Court.

6. To enforce compliance by the court personnel of the duties imposed upon them in virtue of their position as well as additional duties as may be given to or required of them by the Presiding Judge or the Executive Judge.

7. To recommend to the Supreme Court the imposition upon erring employees of such disciplinary sanctions as may be necessary and proper; and, pending the administrative investigation or its review by the Supreme Court, to place the respondent under preventive suspension in accordance with Civil Service rules and regulations, furnishing the Supreme Court a copy of the order of suspension and the grounds therefor without unnecessary delay.

8. To disseminate and implement all administrative orders and circulars issued by the Supreme Court to all courts within his area of administrative supervision.

9. To coordinate the development and implementation of court operational improvement programs.

10. To visit and inspect municipal and provincial jails and their prisoners as required by Section 1730 of the Revised Administrative Code and by applicable rules and regulations.

11. To act on applications of, and to issue commissions to, notaries public within his administrative area and to compel observance of their duties as provided by law.

12. To designate, with immediate notice to the Supreme Court, the municipal judge to try cases in other municipalities within his area of administrative supervision, in case of absence or incapacity of the municipal judge concerned, which designation shall be effective immediately, unless revoked by the Supreme Court.

13. To assign, with the prior approval of the Chief Justice, Municipal and City Judges to hear and determine cadastral cases as provided by law.

14. To apprise the Supreme Court of vacancies and requirements for additional court personnel within his area of administrative supervision, and to submit his recommendations with respect to vacancies in the Office of the Clerk of Court, and the recommendations of the Presiding Judge with respect to the latter's staff.

15. To supervise the raffling and assignment of all cases, in accordance with Circular No. 7, dated September 23, 1974, and where in his opinion the matter is of such urgency that immediate action should be taken, to act on all injunctions, restraining orders and other interlocutory matters prior to the assignment of cases to a specific judge, without prejudice to any subsequent action that may be taken by the Judge to whom any particular case is assigned. A particular matter is deemed urgent if, unless it is immediately acted upon, the main cause of action or principal relief sought may become moot and academic. Paragraph IV of Circular No. 7, is accordingly hereby amended.

16. To insure the adequate court facilities are provided for, in coordination with the proper local government officials.

17. To improve judicial services and facilitate the administration of justice, in coordination with court related government agencies and the Chapters of the Integrated Bar within his area of administrative supervision.

18. To submit an annual report to the Supreme Court.

V. CASELOAD AND HONORARIUM

1. The caseload of the Executive Judge shall be as follows:

a. In case of multiple branches (salas) of not more than two (2), the distribution of cases shall be in the proportion of three (3) cases for the Executive Judge and four (4) for the other judges.

b. In case of multiple branches (salas) of not less than three or more than five (5), the distribution of cases shall be in the proportion of two (2) cases for the Executive Judge and three (3) for each of the other judges.

c. In case of multiple branches (sala) of more than five (5), the distribution of cases shall be in the proportion of one (1) case for the Executive Judge and two (2) for each of the other judges.

2. The Executive Judge for multiple branches (salas) shall be entitled to an honorarium of P300.00 per month in case there are more than fifteen (15) branches (salas); P250.00 per month in case there are more than five (5), but not exceeding fifteen (15) branches (salas); P200.00 per month in case there are more than two (2), but not exceeding five (5) branches (salas); P150.00 per month in case there are two (2) branches (salas); and P100.00 per month in case of a single branch (sala).

VI. GENERAL PROVISION

In case of conflict as regards jurisdiction, powers and prerogatives between two or more Executive Judges, the conflict shall be resolved by the Supreme Court.

VII. TRANSITORY PROVISIONS

1. In the event that no Executive Judge be designated by the Supreme Court for a particular administrative area by the time this Administrative Order takes effect, the incumbent Executive Judge shall remain as such and shall exercise the powers, prerogatives and duties of an Executive Judge as herein set forth until his successor shall have been selected and designated.

2. The City Court of Manila shall have its own Executive Judge, whose selection, designation, tenure, powers, and duties shall be governed by the provisions of this Administrative Order insofar as they are applicable.

3. In matters not covered by this Administrative Order, the rules governing the internal operations of the Court of First Instance of Manila shall continue to apply to that court.

VIII. EFFECTIVITY OF CLAUSE

This Administrative Order shall take effect on July 1, 1975.

IX. REPEALING CLAUSE

All rules, regulations, orders, and circulars, or parts thereof, contrary to or inconsistent with this Administrative Order are hereby repealed, or amended accordingly.

Manila, June 30, 1975.

QUERUBE MAKALINTALChief Justice