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

November 25, 2014

EN BANC

A.M. No. 07-3-09-SC

RE: PROPOSED GUIDELINES IN THE DISPOSITION AND/OR DESTRUCTION OF COURT RECORDS, PAPERS AND EXHIBITS

RE: SIMPLIFIED GUIDELINES FOR DISPOSING OF RECORDS OF LONG-DECIDED CASES AND UNNEEDED DOCUMENTS AND PAPERS

RESOLUTION

WHEREAS, the First and Second Level Courts have over the years accumulated voluminous records of long-decided cases and unneeded documents and files;

WHEREAS, parties and lawyers involved in cases that were already decided or completely terminated have the primary responsibility for keeping and preserving copies of court documents and records affecting their rights and obligations;

WHEREAS, even though the duty of courts is to keep and maintain only records of active and properly archived cases, it continues to hold records of cases that have been decided or completely terminated, but only for a reasonable length of time to enable interested parties to secure copies before these records are disposed of with the exception of the decisions and proofs of their finality;

WHEREAS, the Office of the Clerk of Court in Second Level Courts at each station has also accumulated certificates of sale and notarial documents that have long ceased to be of practical use after the passage of time and whose copies are presumably kept by the parties and by their notaries or are stored in dedicated government repositories; CAIHTE

WHEREAS, overstaying records and files 1) expose court personnel and persons attending to their cases to dust and allergens that imperil their health; 2) place the halls of justice, employees, and visitors under the risk of fires; 3) impede passage along the corridors, stairways, and fire exits where some of these records are stored; and 4) create eyesores in the halls of justice.

NOW, THEREFORE, in consideration of the above and pursuant to its powers under Article VIII, Section 6 of the 1987 Constitution, the Supreme Court hereby issues the following Guidelines for full observance and compliance:

1. All courts shall observe July 1 to 31, 2015 as the Official Records Disposal Period under these Guidelines. They shall hold no hearing during this period except for urgent matters and incidents like applications for writs of habeas corpus,amparo or habeas data,temporary restraining orders, permanent protection orders, bails, and lifting of warrants of arrest as well as the need to arraign detained accused.

2. No application for leave by the judge and all court personnel during this period shall be approved, except for the most compelling reasons, to be determined by the Court Administrator.

3. The court records, papers, and exhibits subject of the disposal and/or destruction must pertain to cases terminated for at least five (5) years, EXCEPT the following:

a. Land registration or big land cases, which include those covered by the Comprehensive Agrarian Reform Program law;

b. Naturalization cases;

c. Cases with penalties of death, reclusion perpetua,and life imprisonment; and

d. All special proceedings, except for the issuance of the writs of amparo and habeas corpus.

 All records, papers and exhibits on these cases shall remain in the office storage of every court regardless of age.

4. The Office of the Court Administrator shall give notice to all litigants, lawyers, and other interested persons who wish to obtain the residual records and files of all decided cases five (5) years in age and above and where all the proceedings have been terminated, to apply for such records before the court where the cases were decided. This shall be done through a) publication in two (2) newspapers of general circulation in the Philippines; and b) posting of the Guidelines in conspicuous areas (i.e.,entrances of Hall of Justice, City or Municipal Halls, and Post Office).The application for the records shall be in writing and filed within thirty (30) days from the date of publication or posting of the Guidelines, whichever is later. Absent such application, the records shall be subject to disposal after the lapse of the period provided in these Guidelines.

5. The disposal of the records and files mentioned above shall be subject to the following:

a. The age of records and files shall be based on the date when the decision, final order, or resolution disposing the case became final and executory. If this is not ascertainable, from the 60th day counted from the date of the decision, final order, or resolution.

b. The final decisions, orders, or resolutions in all cases twenty (20) years and above in age, and the corresponding entry of judgment, if there be any, shall be: 1) extracted from the records of each case; 2) compiled according to the year they were issued; 3) arranged alphabetically according to the surname of the first plaintiff, except in criminal cases where the surnames are to be arranged according to the surname of the first accused; and 4) accompanied by a table of contents to facilitate search. In criminal cases, the document evidencing the identity of the accused shall be retained with the decision.

c. In cases five (5) years and above but less than twenty (20) years in age, the following shall be extracted from the records of each case and saved: i) the decision, final order, or resolution; ii) the corresponding entry of judgment, if there be any; iii) the complaint and answer if it is a civil case, and the information and proof of identity of the accused if it is a criminal case; iv) the exhibits of the parties; and v) portions of the records needed for execution of the judgment. These shall be kept and stored in the same manner as those in 5 (b).All other papers, documents, and files in the records shall be disposed.

d. All other records of terminated cases that are less than five (5) years in age shall be kept and maintained as they are.

e. During the yearly inventory period, records of cases that turned twenty (20) or five (5) years in age shall be processed as provided in 5 (b) or 5 (c).

f. The Presiding Judge and the Branch Clerk of Court shall plan and supervise the works, assign the tasks to court personnel, and ensure their accomplishment.

6. For the Office of the Clerk of Courts in the Second Level Courts, old records shall be disposed of as follows:

a. In extrajudicial foreclosure of mortgage, the corresponding records shall be disposed of after ten (10) years, counted from the date of issuance of the certificate of sale. The certificate of sale, however, shall be compiled and kept for twenty (20) years and thereafter disposed.

b. Notarized documents on file with the Office of the Clerk of Court shall be kept for twenty (20) years and disposed of after that period. Notarial commissions and the corresponding signature cards shall be retained for ten (10) years from the dates of their issuance and disposed of after that period.

7. The procedure for disposal shall be as follows:

a. Within thirty (30) days from the date of publication of the notice from the Office of the Court Administrator, or the posting of the Guidelines in conspicuous places (i.e.,entrances of Hall of Justice, City or Municipal Halls, and Post Office),whichever is later, any interested party may file an application to take possession of any residual record, file, or document subject of disposal under the Guidelines. This application shall be filed with the branch concerned, or if not known, with the Office of the Clerk of Court of the station. No application shall be entertained after this period. HEITAD

b. An application fee of P500.00 shall be collected and deposited in the Fiduciary Fund of the court. This fee shall be refunded upon order of the Executive Judge in the event that the requested record can no longer be retrieved.

c. The P500.00 fee shall be waived for pauper litigants, as indicated in their respective pleadings The same waiver shall be extended to any interested party who qualifies as a pauper litigant, provided the same is indicated in the application and the documentary evidence supporting the claim is attached.

d. Upon receipt and approval of the application, the court concerned shall draw up a "hold list" enumerating the case details covered by the application, and set aside the documents or files covered by the disposal for delivery to the applicant. The court shall approve the application once the documents are found, except if a compelling reason exists not to approve the same.

8. In the event that the concerned courts are able to acquire the capacity to scan or electronically copy court records, they shall have the preserved documents five (5) years and above and twenty (20) years and above in age scanned and electronically copied. The actual documents shall be disposed of through recycling. The scanned/electronic copy shall be stored in a Central Information Facility at the Office of the Clerk of Court in each station concerned, out of which certified copies may be issued.

9. Administrative Order No. 103-2011 dated July 11, 2011 and all other relevant prior court issuances on the subject of records disposal that are inconsistent with these Guidelines shall be deemed superseded.

10. Where there is a specific law governing the disposal of certain court records, files, and documents, these Guidelines shall not apply.

11. These Guidelines shall take effect immediately.

Manila, Philippines, November 25, 2014.

(SGD.) MARIA LOURDES P. A. SERENOChief Justice

(SGD.) ANTONIO T. CARPIOAssociate Justice

(SGD.) PRESBITERO J. VELASCO, JR.Associate Justice

(SGD.) TERESITA J. LEONARDO-DE CASTROAssociate Justice

(on leave)ARTURO D. BRIONAssociate Justice

(SGD.) DIOSDADO M. PERALTAAssociate Justice

(SGD.) LUCAS P. BERSAMINAssociate Justice

(SGD.) MARIANO C. DEL CASTILLOAssociate Justice

(SGD.) MARTIN S. VILLARAMA, JR.Associate Justice

(SGD.) JOSE PORTUGAL PEREZAssociate Justice

(SGD.) JOSE CATRAL MENDOZAAssociate Justice

(SGD.) BIENVENIDO L. REYESAssociate Justice

(on official leave)ESTELA M. PERLAS-BERNABEAssociate Justice

(SGD.) MARVIC M.V.F. LEONENAssociate Justice

(SGD.) FRANCIS H. JARDELEZAAssociate Justice

Published in The Philippine Daily Inquirer on June 22, 2015.