Reiteration of Paragraph No. 7 of the Resolution dated 8 June 2004 in A.M. No. 04-5-19-SC (Re: Resolution Providing Guidelines in the Inventory and Adjudication of Cases Assigned to Judges Who are Promoted or Transferred to Other Branches in the Same Court Level of the Judicial Hierarchy
OCA Circular No. 16-2023 reiterates guidelines regarding motions for reconsideration of decisions made by judges who have been transferred or promoted within the judicial hierarchy. It emphasizes that the transferred judge is responsible for resolving any motions for reconsideration or new trials that arise from their decisions. If a new trial is granted, a new judge will preside over it, while the transferred judge must return the case records to the originating court upon resolution. The circular serves as a reminder for judges and court clerks to adhere strictly to these procedures to ensure proper case management.
Quick Answers
- What is Reiteration of Paragraph No. 7 of the Resolution dated 8 June 2004 in A.M. No. 04-5-19-SC (Re: Resolution Providing Guidelines in the Inventory and Adjudication of Cases Assigned to Judges Who are Promoted or Transferred to Other Branches in the Same Court Level of the Judicial Hierarchy about?
- OCA Circular No. 16-2023 reiterates guidelines regarding motions for reconsideration of decisions made by judges who have been transferred or promoted within the judicial hierarchy. It emphasizes that the transferred judge is responsible for resolving any motions for reconsideration or new trials that arise from their decisions. If a new trial is granted, a new judge will preside over it, while the transferred judge must return the case records to the originating court upon resolution. The circular serves as a reminder for judges and court clerks to adhere strictly to these procedures to ensure proper case management.
- What type of law is OCA Circular No. 16-2023?
- Reiteration of Paragraph No. 7 of the Resolution dated 8 June 2004 in A.M. No. 04-5-19-SC (Re: Resolution Providing Guidelines in the Inventory and Adjudication of Cases Assigned to Judges Who are Promoted or Transferred to Other Branches in the Same Court Level of the Judicial Hierarchy (OCA Circular No. 16-2023) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Reiteration of Paragraph No. 7 of the Resolution dated 8 June 2004 in A.M. No. 04-5-19-SC (Re: Resolution Providing Guidelines in the Inventory and Adjudication of Cases Assigned to Judges Who are Promoted or Transferred to Other Branches in the Same Court Level of the Judicial Hierarchy enacted?
- Reiteration of Paragraph No. 7 of the Resolution dated 8 June 2004 in A.M. No. 04-5-19-SC (Re: Resolution Providing Guidelines in the Inventory and Adjudication of Cases Assigned to Judges Who are Promoted or Transferred to Other Branches in the Same Court Level of the Judicial Hierarchy (OCA Circular No. 16-2023) was enacted on Jan 19, 2023.
- What is the citation for Reiteration of Paragraph No. 7 of the Resolution dated 8 June 2004 in A.M. No. 04-5-19-SC (Re: Resolution Providing Guidelines in the Inventory and Adjudication of Cases Assigned to Judges Who are Promoted or Transferred to Other Branches in the Same Court Level of the Judicial Hierarchy?
- Reiteration of Paragraph No. 7 of the Resolution dated 8 June 2004 in A.M. No. 04-5-19-SC (Re: Resolution Providing Guidelines in the Inventory and Adjudication of Cases Assigned to Judges Who are Promoted or Transferred to Other Branches in the Same Court Level of the Judicial Hierarchy, OCA Circular No. 16-2023, Jan 19, 2023 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 16-2023
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
January 19, 2023
OCA CIRCULAR NO. 16-2023
| TO | : | All Judges and Clerks of Court of the First and Second Level Courts |
| SUBJECT | : | Reiteration of Paragraph No. 7 of the Resolution Dated 8 June 2004 in A.M. No. 04-5-19-SC (Re: Resolution Providing Guidelines in the Inventory and Adjudication of Cases Assigned to Judges Who are Promoted or Transferred to Other Branches in the Same Court Level of the Judicial Hierarchy |
In view of the several concerns raised relative to motions for reconsideration of decisions rendered by transferred judges, this Office reiterates and highlights paragraph 7 of OCA Circular No. 90-2004 dated 11 August 2004 (AM No. 04-5-19-SC [Re: Guidelines in the Inventory and Adjudication of Cases Assigned to Judges Who Are Promoted or Transferred to Other Branches in the Same Court Level of the Judicial Hierarchy]) which quoted the Resolution dated 8 June 2004 of the Court En Banc, thus:
Should a motion for reconsideration of the decision or for new trial be filed by any party, the transferred judge shall resolve the same. However, if a motion for new trial is granted by the transferred judge, the new judge shall preside over the same, resolve the motion, and see to its final disposition.
In view of the foregoing, all concerned are REMINDED to strictly observe the above-quoted paragraph of A.M. No. 04-5-19-SC. Accordingly, concerned judges are DIRECTED to immediately refer the motion for reconsideration of the decision or for new trial to the former judge who decided the subject decision, to the exclusion of other judges, unless the former judge who decided the case has died, retired, promoted, left the service, or has become disabled, disqualified, or otherwise incapacitated to resolve the motion. The records or parts of the records of the case shall be delivered, either by personal service or registered mail, to the official court of the transferred judge at his own expense. Once resolved, the transferred judge shall return to the originating court the records of the case/s, together with his/her Order, that the originating court will serve or send to the parties in the subject cases.
For the information and guidance of all concerned.
(SGD.) RAUL B. VILLANUEVACourt Administrator
Cite This Law
Reiteration of Paragraph No. 7 of the Resolution dated 8 June 2004 in A.M. No. 04-5-19-SC (Re: Resolution Providing Guidelines in the Inventory and Adjudication of Cases Assigned to Judges Who are Promoted or Transferred to Other Branches in the Same Court Level of the Judicial Hierarchy, OCA Circular No. 16-2023, Jan 19, 2023 (Philippines)
Reiteration of Paragraph No. 7 of the Resolution dated 8 June 2004 in A.M. No. 04-5-19-SC (Re: Resolution Providing Guidelines in the Inventory and Adjudication of Cases Assigned to Judges Who are Promoted or Transferred to Other Branches in the Same Court Level of the Judicial Hierarchy, OCA Circular No. 16-2023 (Phil. 2023)
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