Re: Guidelines on the Selection and Designation of Executive Judges and Defining Their Powers, Prerogatives and Duties
On February 13, 2018, the Supreme Court of the Philippines issued guidelines regarding the selection and designation of Executive Judges, specifically expanding their powers and responsibilities. Notably, the Bureau of Customs was added to the list of agencies authorized to file applications for search warrants in Regional Trial Courts concerning violations of the Customs and Tariff Modernization Act. The guidelines also outline the Executive Judges' authority to issue search warrants for serious crimes and other specific offenses, as well as the requirement for applications to be personally endorsed by agency heads. Additionally, a special docket book must be maintained to record the details of search warrant applications and their outcomes. The Office of the Court Administrator was authorized to issue a circular regarding these changes.
February 13, 2018
EN BANC
A.M. No. 03-8-02-SC
RE: GUIDELINES ON THE SELECTION AND DESIGNATION OF EXECUTIVE JUDGES AND DEFINING THEIR POWERS, PREROGATIVES AND DUTIES
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution datedFEBRUARY 13, 2018, which reads as follows:
"A.M. No. 03-8-02-SC (Re: Guidelines on the Selection and Designation of Executive Judges and Defining Their Powers, Prerogatives and Duties). — The Court Resolved, upon the recommendation of the Office of the Court Administrator (OCA), to
(a) INCLUDE the Bureau of Customs in the list of agencies authorized to file applications for search warrants in the Regional Trial Courts of Manila and Quezon City involving violations of the Customs and Tariff Modernization Act;
(b) FURTHER AMEND Section 12, Chapter V of A.M. No. 03-8-02-SC, as amended, to read as follows:
Chapter V. Specific Powers, Prerogatives and Duties of Executive Judges in Judicial Supervision
xxx xxx xxx
Section 12. Issuance of search warrants in special criminal cases by the Regional Trial Courts of Manila and Quezon City. — The Executive Judges and, whenever they are on official leave of absence or are not physically present in the station, the Vice-Executive Judges of the RTCs of Manila and Quezon City shall have authority to act on applications filed by the National Bureau of Investigation (NBI), the Philippine National Police (PNP), the Anti-Crime Task Force (ACTAF), the Philippine Drug Enforcement Agency (PDEA), and the Bureau of Customs, for search warrants involving heinous crimes, illegal gambling, illegal possession of firearms and ammunitions as well as violations of the Comprehensive Dangerous Drugs Act of 2002, the Intellectual Property Code, the Anti-Money Laundering Act of 2001, the Tariff and Customs Code, as amended, and other relevant laws that may hereafter be enacted by Congress, and included herein by the Supreme Court.
The applications shall be personally endorsed by the heads of such agencies and shall particularly describe therein the places to be searched and/or the property or things to be seized as prescribed in the Rules of Court. The Executive Judges and Vice-Executive Judges concerned shall issue the warrants, if justified, which may be served in places outside the territorial jurisdiction of the said courts.
The Executive Judges and the authorized Judges shall keep a special docket book listing names of Judges to whom the applications are assigned, the details of the applications and the results of the searches and seizures made pursuant to the warrants issued.
This Section shall be an exception to Section 2 of Rule 126 of the Rules of Court. [Amendment in bold]
(c) AUTHORIZE the OCA to ISSUE a circular on this matter." Leonen and Caguioa, JJ., on official business. Martires, J., on official leave. Gesmundo, J., on official business. (adv14) AaCTcI
Very truly yours,
(SGD.) FELIPA B. ANAMAClerk of Court