New Provision under Section 8, Chapter V of A.M. No. 03-8-02-SC Dated 27 January 2004
OCA Circular No. 200-2016 introduces a new provision under Section 8, Chapter V of A.M. No. 03-8-02-SC concerning the handling of cases when all judges in a multiple branch Regional Trial Court (RTC) inhibit themselves. In such situations, the Clerk of Court must refer the order of inhibition to the Executive Judge of the nearest RTC, whether multiple or single branch. If the nearest court is a multiple branch RTC, the Executive Judge will raffle the case among the judges at that location, ensuring that the assigned judge will try and decide the case in its original court. This provision aims to ensure judicial efficiency and continuity in case management.
September 22, 2016
OCA CIRCULAR NO. 200-2016
| TO | : | All First and Second Level Courts |
| SUBJECT | : | New Provision under Section 8, Chapter V of A.M. No. 03-8-02-SC Dated 27 January 2004 |
Pursuant to the Supreme Court En Banc Resolution dated 10 August 2016 in A.M. No. 16-06-208-RTC (Re: Inhibition of Presiding Judges Reynaldo B. Clemens and Ernesto L. Peñaflor of Branches 31 and 32, respectively, Regional Trial Court [RTC], Calbayog City, Samar, in Special Civil Action No. 197), and in view of the existing Section 8, Chapter V of A.M. No. 03-8-02-SC (Guidelines on the Selection and Appointment of Executive Judges and Defining their Powers, Prerogatives and Duties) dated 27 January 2004, which is silent in instances where judges of the multiple branch RTC inhibited themselves from trying and deciding cases, all concerned are DIRECTED to JUDICIOUSLY OBSERVE the NEW provision under Section 8, Chapter V of A.M. 03-8-02-SC, to wit:
(d) [W]here all the judges in the multiple branch RTC are disqualified or voluntarily inhibit, the Clerk of Court of the branch of the judge disqualified or inhibited last, shall refer the order of inhibition to the Executive Judge of the nearest multiple branch RTC or to the nearest single branch RTC, whichever is the nearest in terms of geographical location. The same applies in multiple branch first level court. In case the nearest court station is a multiple branch court, the Executive Judge shall raffle the case among the judges in the station. In both instances, the judge to whom the case is assigned shall try and decide the case in the court of origin. (Emphasis added) CAIHTE
For your information, guidance and strict compliance.
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator