Guidelines on the Inhibition of a Presiding Judge of a Lone Statutory Family Court in a Multiple Sala Station
OCA Circular No. 360-2022 provides guidelines for judges of lone statutory Family Courts in multiple sala stations regarding their inhibition from family cases. When a judge inhibits themselves, the case records should be forwarded to the paired court, but no replacement is allowed due to the exclusive nature of the Family Court's jurisdiction. In instances where a Regional Trial Court (RTC) judge inhibits themselves, existing rules regarding case handling will apply. Additionally, in the event of a vacancy in a regular RTC, the paired Family Court judge will act as the pairing judge. This circular aims to clarify procedures and ensure proper case management within the Family Courts.
December 23, 2022
OCA CIRCULAR NO. 360-2022
| TO | : | All Judges and Clerks of Court of the Second Level Courts |
| SUBJECT | : | Guidelines on the Inhibition of a Presiding Judge of a Lone Statutory Family Court in a Multiple Sala Station |
Statutory Family Courts are vested with the exclusive original jurisdiction to hear and decide cases enumerated in Section 5 of Republic Act No. 8369 1 or the Family Courts Act. At present, several organized statutory Family Courts have already been declared fully operational. Consequently, this Office received several inquiries and requests for clarification on instances wherein the judge of a lone statutory Family Court in a multiple sala station inhibits from a family case. Hence, for the guidance of all concerned trial courts, the following guidelines shall be observed:
Where a judge of a lone statutory Family Court in a multiple sala station (with no designated Family Court) inhibits himself/herself from a family case, the records of said case shall be forwarded to the paired court in the station. However, there shall be no replacement to the case so removed from the statutory Family Court in view of its exclusive nature.
Where a judge of an RTC in a multiple sala station inhibits himself/herself from a case, the rule in Section 8(a), Chapter V of A.M. No. 03-8-02-SC dated 27 January 2004 shall apply.
On the other hand, in case of a temporary or permanent vacancy of a regular RTC in a multiple sala station, the judge of the paired statutory Family Court shall nonetheless act as pairing judge in accordance with OCA Circular Nos. 06-2020 dated 20 January 2020 and 295-2022 dated 21 October 2022.
Please be guided accordingly.
(SGD.) RAUL B. VILLANUEVACourt Administrator
Footnotes
1. An Act Establishing Family Courts, Granting Them Exclusive Original Jurisdiction Over Child and Family Cases, Amending Batas Pambansa Bilang 129, as Amended, Otherwise Known as Act of 1980, Appropriating Funds Therefor and for Other Purposes, approved on 28 October 1997.