Reiteration on the Directive to Comply with the Reglementary Periods to Decide Cases and/or Resolve Incidents

September 19, 2022

OCA CIRCULAR NO. 243-2022

 

Rule 3.05 of the Code of Judicial Conduct provides that judges shall dispose of the court's business promptly and decide cases within the required periods. Corollarily, the Court has consistently elucidated that "[t]he rules prescribing the time within which certain acts must be done on certain proceedings are mandatory for the orderly and speedy discharge of judicial business. Delay in the disposition of cases deprives the litigants of their right to speedy disposition of their cases and tarnishes the image of the judiciary." 1 Suitably, on 4 November 2019, then Chief Justice Diosdado M. Peralta issued Memorandum Order No. 74-2019 enjoining all concerned judges to comply with, among others, "the reglementary or prescribed periods to resolve pending cases and incidents, as provided for under the Constitution, the laws, rules of procedure, guidelines, and other administrative issuances." 2

In view thereof, all concerned Judges are REMINDED of the following:

1. To strictly observe the reglementary or prescribed periods to decide pending cases and/or resolve incidents, and if in the mind of the Judge he or she could not comply with the aforementioned prescribed period/s, he or she may ask the Court, through the Office of the Court Administrator, for an extension of time to do so. Appended herein for your guidance is a list of reglementary periods to decide cases and/or resolve incidents (see Annex "A");

2. Except in certain situations under the Rules of Expedited Procedure in the First Level Courts in which memoranda are prohibited, cases are deemed submitted for decision upon admission of the evidence, unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings; 3 and

3. The "[f]ailure to decide cases within the reglementary period constitutes a ground for administrative liability except when there are valid reasons for the delay." 4

For your information and strict compliance.

(SGD.) RAUL B. VILLANUEVACourt Administrator

ANNEX A

Reglementary Periods to Decide Cases and/or Resolve Incidents

I. IN GENERAL

A. Rules of Civil Procedure as amended by A.M. No. 19-10-20-SC (2019 Amendments to the 1997 Rules of Civil Procedure)

1. Certain Allowed Affirmative Defenses

Shall be resolved by the court within thirty (30) calendar days from the termination of the summary hearing (Rule 8, Section 12 [d]).

2. Non-litigious Motions

These motions shall not be set for hearing and shall be resolved by the court within five (5) calendar days from receipt thereof (Rule 15, Section 4).

3. Litigious Motions

The motion shall be resolved by the court within fifteen (15) calendar days from its receipt of the opposition thereto, or upon expiration of the period to file such opposition (Rule 15, Section 5 [c]).

4. Judgment after Pre-trial in applicable situations

Judgment shall be rendered within ninety (90) calendar days from termination of the pre-trial (Rule 18, Section 10).

5. Promulgation of Decision

The court shall decide and serve copies of its decision to the parties within a period not exceeding ninety (90) calendar days from the submission of the case for resolution, with or without memoranda (Rule 30, Section 1 [c]).

6. Motion for New Trial or Reconsideration

Shall be resolved within thirty (30) days from the time it is submitted for resolution (Rule 37, Section 4).

7. When a Writ of Preliminary Injunction was previously issued

The trial court, the Court of Appeals, the Sandiganbayan or the Court of Tax Appeals that issued a writ of preliminary injunction against a lower court, board, officer, or quasi-judicial agency shall decide the main case or petition within six (6) months from the issuance of the writ (Rule 58, Section 5).

B. A.M. No. 15-06-10-SC (Revised Guidelines for Continuous Trial of Criminal Cases)

1. Motion for Inhibition

Motions for inhibition based on grounds provided for under Rule 137 shall be resolved immediately or within two (2) calendar days from date of their filing (Rule III.2 [a]).

2. Certain Allowed Meritorious Motions

The court shall resolve the motion within a non-extendible period of ten (10) calendar days from the expiration of the ten (10)-day period, with or without comment (Rule III.2 [c]).

The court, at its discretion, may set the motion for hearing within a non-extendible period of ten (10) calendar days from the expiration of the ten (10)-day period to file comment, in which case the same shall be submitted for resolution after the termination of the hearing, and shall be resolved within a non-extendible period of ten (10) calendar days thereafter (Id.).

3. Motion to Discharge accused as State Witness under Rule 119, Section 17

Where the prosecution is required to present evidence in support thereof, such motion shall be submitted for resolution from the termination of the hearing, and shall be resolved within a non-extendible period of ten (10) calendar days thereafter (Rule III.2 [c]).

4. Motion for Reconsideration of the Resolution of a Meritorious Motion

Shall be resolved by the court within a non-extendible period of five (5) calendar days from the expiration of the five (5)-day period to submit the comment (Rule III.2 [c]).

5. Petition for Bail

Petition for bail shall be heard and resolved within a non-extendible period of thirty (30) calendar days from date of the first hearing (Rule III.10 [a]).

6. Motion for Reconsideration on the Resolution of Petition for Bail

Shall be resolved within a non-extendible period of ten (10) calendar days from date of submission of the motion (Rule III.10 [a]).

7. Demurrer to Evidence

The demurrer shall be resolved by the court within a non-extendible period of thirty (30) calendar days from date of the filing of the comment or lapse of the ten (10)-day period to file the same (Rule III.13 [d]).

8. Promulgation of Decision in Regular Criminal Cases

Shall not be more than ninety (90) calendar days from the date the case is submitted for decision (Rule III.16 [a]).

9. Resolution of Motion for Reconsideration of judgment of conviction or Motion for New Trial

Shall be resolved within a non-extendible period of ten (10) calendar days from the submission of the comment of the prosecution. With or without comment, the court shall resolve the motion within the ten (10)-day period (Rule III.16 [b]).

C. A.M. No. 08-8-7-SC (Rules on Expedited Procedures in the First Level Courts)

1. Preliminary Conference Order under the Rule on Summary Procedure (Civil Cases)

The court may, in the same Preliminary Conference Order, declare the case submitted for judgment if, on the basis of the pleadings and their attachments, as well as the stipulations and admissions made by the parties, judgment may be rendered without the need of submission of position papers. In this event, the court shall render judgment within thirty (30) calendar days from issuance of the order (Rule III.A, Section 13).

2. Rendition of Judgment under the Rule on Summary Procedure (Civil Cases)

Within thirty (30) calendar days from receipt by the court of the Mediator's Report or the Judicial Dispute Resolution Report on the parties' failure to reach an amicable settlement, the court shall render judgment (Rule III.A, Section 14).

Should the court find it necessary to clarify certain material facts, and require parties to submit additional judicial affidavits or other evidence on the said matters, within ten (10) calendar days from receipt of said order. Judgment shall be rendered within fifteen (15) calendar days after the receipt of the last clarificatory judicial affidavits, or the expiration of the period for filing the same (Id.).

3. Rendition of Judgment under the Rule on Summary Procedure (Criminal Cases)

The court shall render and promulgate the judgment not later than thirty (30) calendar days from the court's action on the last presenting party's offer of evidence (Rule III.B, Section 7).

4. Effect of Failure to File Response under Rule on Small Claims

Should the defendant fail to file his/her/its Response within the required period, and likewise fail to appear on the date set for hearing, the court shall render judgment within twenty-four (24) hours from the termination of the hearing (Rule IV, Section 14).

Should the defendant fail to file his/her/its Response within the required period but appear on the date set for hearing, the court shall ascertain what defense he/she/it has to offer, which shall constitute his/her/its Response, proceed to hear the case and render judgment within twenty-four (24) hours from the termination of the hearing. If the defendant relies on documentary evidence to support his defense, the court shall order him/her/it to submit original copies of such documents within three (3) calendar days from the termination of the hearing, and, upon receipt thereof or expiration of the period to file, the court shall render judgment within twenty-four (24) hours(Id.).

5. Hearing and Promulgation of Decision under Rule on Small Claims

The court shall render judgment based on the compromise agreement within twenty-four (24) hours, and furnish copies thereof to the parties (Rule IV, Section 22).

If efforts at settlement fail, the court shall immediately proceed to hear the case in an informal and expeditious manner and, thereafter, render judgment within twenty-four (24) hours from termination of the hearing (Id.).

D. A.M. No. 19-10-20-SC (2020 Guidelines for the Conduct of the Court-Annexed Mediation [CAM] and Judicial Dispute Resolution [JDR] in Civil Cases)

1. Duration of Judicial Dispute Resolution on Appeal proceedings

The RTC Judge shall have a period of not exceeding fifteen (15) calendar days to complete the JDR proceedings. Such period shall be computed from the date when the parties first appeared for the initial conference as stated in the order to appear. An extended period of another fifteen (15) calendar days may be granted by the court upon joint written motion filed by both parties on the ground that settlement is likely to be concluded (Chapter 3, Section 4).

E. A.M. No. 17-11-03-SC (Rule on Cybercrime Warrants)

1. Period to Examine and Order to Return on Search, Seizure and Examination of Computer Data

The court shall issue an order fixing the period to conclude the examination of all the items seized, which period may be extended not exceeding thirty (30) days, upon motion, for justifiable reasons (Section 6.7).

2. Duty of the Prosecutor when Criminal Action is Instituted

The motion for the purpose shall be filed before the court that issued the warrant and has custody of the computer data within (10) days from the time the criminal action is instituted and shall be acted upon by the court within a period of five (5) days(Section 7.2).

F. A.M. No. 21-03-02-SC (Rules on Action for Support and Petition for Recognition and Enforcement of Foreign Decisions or Judgments on Support)

1. Rendition of Judgment

The court shall render judgment within a period of thirty (30) calendar days upon admission of the evidence. The court may direct the parties to submit their respective memoranda within a non-extendible period of ten (10) calendar days, which shall neither extend nor suspend the period to render Judgment (Section 13).

2. Decision on Petition for Recognition and Enforcement of Foreign Decisions or Judgments on Support

The court shall act expeditiously in conducting the proceedings and render a decision within thirty (30) calendar days from the oral offer of evidence in accordance with Sections 34 to 40, Rule 132, 2019 Amendments to the 1989 Revised Rules on Evidence (Section 25 [c]).

G. A.M. No. 07-9-12-SC (The Rule on the Writ of Amparo)

1. Judgment

The court shall render judgment within ten (10) days from the time the petition is submitted for decision. If the allegations in the petition are proven by substantial evidence, the court shall grant the privilege of the writ and such reliefs as may be proper and appropriate; otherwise, the privilege shall be denied (Section 18).

H. A.M. No. 08-1-16-SC (The Rule on the Writ of Habeas Data)

1. Judgment

The court shall render judgment within ten (10) days from the time the petition is submitted for decision. If the allegations in the petition are proven by substantial evidence, the court shall enjoin the act complained of, or order the deletion, destruction, or rectification of the erroneous data or information and grant other relevant reliefs as may be just and equitable; otherwise, the privilege of the writ shall be denied (Section 16).

I. A.M. No. 21-07-22-SC (Rule on Facilitated Naturalization of Refugees and Stateless Persons)

1. Trial

Upon satisfactory proof that jurisdictional requirements have been complied with, the court shall issue a notice of hearing, which shall contain the schedule of the trial dates, for both the petitioner and the respondent. No petition shall be heard within thirty (30) calendar days preceding any election. The court shall proceed to hear the petition or joint petition on an expedited and continuous trial, which shall be concluded within ninety (90) calendar days from the initial date of trial, without prejudice to the suspension of the said period pursuant to the aforementioned thirty (30)-day prohibition (Section 16).

2. Rendition of the Decision

The decision shall be rendered within ninety (90) calendar days from the date the petition is deemed submitted for decision (Section 21).

3. Finality of the Decision

The decision granting the petition shall become final after thirty (30) calendar days from receipt thereof by the parties without an appeal or motion for reconsideration being filed (Section 22).

II. REGLEMENTARY PERIODS FOR COURTS UNDER SPECIALIZED JURISDICTION

II.1 ADMIRALTY COURT

A. A.M. No. 19-08-14-SC (The Rules of Procedure for Admiralty Cases)

1. Pre-Trial

Not later than twenty (20) calendar days after the last pleading has been filed, pre-trial shall be held. The judge shall put the parties and their counsels under oath (Rule 3, Section 3).

2. Judgment on the Pleadings or Summary Judgment

Judgment shall be rendered within fifteen (15) calendar days from termination of the pre-trial (Rule 3, Section 4).

3. Referral to Mediation

In case of an amicable settlement, the compromise agreement shall be immediately submitted to the court, which shall render a decision based on the compromise agreement within fifteen (15) calendar days(Rule 3, Section 5).

4. Period to Decide

Within fifteen (15) calendar days from the expiration of the period for filing of position papers, with or without position papers, the court shall render judgment (Rule 4, Section 6).

5. Report on Arrest of Vessels, Cargo, or Freight

The judge shall report to the Supreme Court, through the Office of the Court Administrator, every action taken on all Warrants of Arrest of Vessel, Cargo, or Freight, within fifteen (15) calendar days from the action taken (Rule 6, Section 8).

6. Hearing on Limitation Action

After reception of the plaintiffs' and defendants' respective evidence, the court shall conclude the hearing and submit the case for decision within fifteen (15) calendar days(Rule 8, Section 5).

7. Order of the Court Limiting the Plaintiff's Liability

If it appears from the hearing that the plaintiff has the right to his or her limit liability, the court shall, within fifteen (15) calendar days after due consideration of the plaintiffs' and defendants' claims, issue an order limiting the plaintiff's liability and direct the defendants, and any other persons who may have claims, to file their respective claims against the limitation fund (Rule 8, Section 7).

8. Satisfaction of Claims

The court, upon review of the report and proposal for satisfaction, and finding the same to be in due and proper form, and within fifteen (15) calendar days from receipt, shall order payment of the claims under such terms and conditions as may be appropriate (Rule 8, Section 9).

II.2 AGRARIAN COURT

A. Republic Act No. 6657 (Comprehensive Agrarian Reform Law of 1988)

1. Promulgation of Decision

The Special Agrarian Courts shall decide all appropriate cases under their special jurisdiction within thirty (30) days from submission of the case for decision (Section 57).

II.3 COMMERCIAL COURT

A. A.M. No. 05-11-04-SC (Rule of Procedure in Cases of Civil Forfeiture, Asset Preservation, and Freezing of Monetary Instrument, Property, or Proceeds Representing, Involving, or Relating to an Unlawful Activity or Money Laundering Offense under Republic Act No. 9160, as amended)

1. Summary Hearing on Provisional Asset Preservation Order

The court shall schedule a hearing at a date and time within the twenty-day period at which the respondent may for good cause show why the provisional asset preservation order should be lifted. The court shall determine within the same period whether the provisional asset preservation order should be modified or lifted or an asset preservation order should issue and act accordingly (Section 12).

2. Judgment

The court shall render judgment within thirty days from submission of the case for resolution (Section 32).

3. Final Order on Claims Against Forfeited Assets

The court shall issue a final order on the contested claim within thirty days from submission (Section 41).

4. Effectivity of Freeze Order

Within the twenty-day period, the court shall conduct a summary hearing, with notice to the parties, to determine whether or not to modify or lift the freeze order, or extend its effectivity as hereinafter provided (Section 53 [a]).

B. A.M. No. 21-03-13-SC (Rule on Asset Preservation, Seizure, and Forfeiture in Criminal Cases under Republic Act No. 9160 as amended)

1. Summary Hearing on Provisional Asset Preservation Order

The court shall schedule a hearing at a date and time within the twenty (20)-calendar day period at which the accused or any person acting in his or her behalf, or the person in possession of the property of the accused, or in whose name the property of the accused is registered, or the covered person or government agency may, for good cause, show why the provisional asset preservation order should be modified or lifted. The court shall determine within the same period whether the provisional asset preservation order should be modified or lifted, or an asset preservation order should be issued, which shall be valid during the entire duration of the proceedings (Section 6).

2. Discharge of an Asset Preservation Order

The court shall resolve the motion and the corresponding comment or opposition within ten (10) calendar days from the time the motion is submitted for resolution (Section 11).

3. Asset Preservation Order on Perishable Property, including Property Disproportionately Expensive to keep

The court shall resolve the motion and corresponding opposition within ten 10 calendar days from the time the motion is submitted for resolution (Section 12).

4. Summary Hearing on the Forfeiture of Preserved Property

The court shall immediately schedule a summary hearing upon receipt of the comment or opposition, during which the convicted person may for good cause show why the forfeiture order should not be issued. The court shall resolve the motion within ten (10) calendar days from its submission for resolution (Section 20).

5. Motion for Declaration by Third-Party Claimant

The court may, without hearing, issue an appropriate order approving any claim either admitted or not contested by the State. Upon the filing of a comment or opposition contesting the claim, the court shall set a hearing within fifteen (15) calendar days from notice to the parties. The court shall issue a final order on the contested claim within fifteen (15) calendar days from submission for resolution thereof (Section 24).

C. A.M. No. 01-2-04-SC (Interim Rules of Procedure Governing Intra-Corporate Controversies under R.A. No. 8799)

1. Objections on Mode of Discovery

The court shall rule on the objections not later than fifteen (15) days from the filing thereof (Rule 3, Section 2).

2. Termination of Preliminary Conference

The preliminary conference shall be terminated not later than ten (10) days after its commencement, whether or not the parties have agreed to settle amicably (Rule 4, Section 3).

3. Judgment before Pre-Trial

If, after submission of the pre-trial briefs, the court determines that, upon consideration of the pleadings, the affidavits and other evidence submitted by the parties, a judgment may be rendered, the court may order the parties to file simultaneously their respective memoranda within a non-extendible period of twenty (20) days from receipt of the order. Thereafter, the court shall render judgment, either full or otherwise, not later than ninety (90) days from the expiration of the period to file the memoranda (Rule 4, Section 4).

4. Pre-Trial Order and Judgment after Pre-Trial

Within ten (10) days after the termination of the pre-trial, the court shall issue an order which shall recite in detail the matters taken up in the conference, the actions taken thereon, the amendments allowed in the pleadings, and the agreements or admissions made by the parties as to any of the matters considered (Rule 4, Section 5).

After the pre-trial, the court may render judgment, either full or partial, as the evidence presented during the pre-trial may warrant (Id.).

5. Trial Schedule

The hearings shall be completed not later than sixty (60) days from the date of the initial hearing, thirty (30) days of which shall be allotted to the plaintiffs and thirty (30) days to the defendants in the manner prescribed in the pre-trial order (Rule 5, Section 2).

6. Ruling on Written Offer of Evidence

The court shall make its ruling on the offer within five (5) days from the expiration of the period to file comments or objections (Rule 5, Section 3).

7. Decision after Trial

The court shall render a decision not later than (90) days from the lapse of the period to file the memoranda, with or without said pleading having been filed (Rule 5, Section 5).

8. Duty of the Court upon the filing of the Complaint in an Election Contest

Within two (2) days from the filing of the complaint, the court, upon a consideration of the allegations thereof, may dismiss the complaint outright if it is not sufficient in form and substance, or, if it is sufficient, order the issuance of summons which shall be served, together with a copy of the complaint, on the defendant within two (2) days from its issuance (Rule 6, Section 4).

9. Effect of Failure to Answer in an Election Contest

If the defendant fails to file an answer within the period above provided, the court shall, within ten (10) days from the lapse of said period, motu proprio or on motion, render judgment as may be warranted by the allegations of the complaint, as well as the affidavits, documentary and other evidence on record (Rule 6, Section 7).

10. Trial in an Election Contest

The hearing shall be set on a date not later than ten (10) days from the date of the order, and shall be completed not later than fifteen (15) days from the date of the first hearing (Rule 6, Section 8).

11. Decision in an Election Contest

The Court shall render a decision within fifteen (15) days from receipt of the last pleading, or from the date of the last hearing as the case may be (Rule 6, Section 9).

12. Duty of the Court upon the filing of the Complaint in Disputes exclusively involving the Rights of Stockholders or Members in the Inspection of Corporate Books and Records

Within two (2) days from the filing of the complaint, the court, upon a consideration of the allegations thereof, may dismiss the complaint outright if it is not sufficient in form and substance, or, if it is sufficient, order the issuance of summons which shall be served, together with a copy of the complaint, on the defendant within two (2) days from its issuance (Rule 7, Section 3).

13. Effect of Failure to Answer in Disputes exclusively involving the Rights of Stockholders or Members in the Inspection of Corporate Books and Records

If the defendant fails to file an answer within the period above provided, the court, within ten (10) days from the lapse of said period, motu proprio or on motion, shall render judgment as warranted by the allegations of the complaint, as well as the affidavits, documentary and other evidence on record (Rule 7, Section 6).

14. Decision in Disputes exclusively involving the Rights of Stockholders or Members in the Inspection of Corporate Books and Records

The court shall render a decision based on the pleadings, affidavits and documentary and other evidence attached thereto within fifteen (15) days from receipt of the last pleading (Rule 7, Section 7).

D. A.M. No. 19-12-02-SC (Rules on Liquidation of Closed Banks)

1. When Petition for Assistance in the Liquidation (PAL) is Not Sufficient in Form and Substance

If the PAL is not sufficient in form and substance, the Liquidation Court shall, within ten (10) days from receipt of the PAL, issue an Order directing the Receiver to comply with the foregoing requirements (Rule 4, Section 4).

2. Order Giving Due Course

After being satisfied that the jurisdictional requirements have been complied with, the court shall, within a period of not more than ten (10) days from the date of the Order submitting the Petition for Assistance in the Liquidation (PAL) for resolution, issue an Order giving due course to the PAL and constituting itself as the Liquidation Court of the closed bank with authority to receive and pass upon claims against the assets of the bank, monitor the timely reports of the Receiver, and approve the Asset Distribution Plan (Rule 4, Section 8).

3. Resolution on Claims Against the Assets of Closed Banks

Within a period not exceeding thirty (30) days from submission for resolution, the Liquidation Court shall either allow or disallow the Verified Claim based on the pleadings, affidavits, and evidence submitted and without need of a full-blown trial (Rule 5, Section 5).

4. Judgment on the Pleadings on Claims Against the Assets of Closed Banks

Within ten (10) days after termination of the pre-trial, the Liquidation Court may, motu proprio or on motion, resolve the Verified Notice of Claim based on the pleadings pursuant to Rule 34 of the Rules of Court (Rule 5, Section 12).

5. Decision on Claims Against the Assets of Closed Banks

After trial, the Liquidation Court shall render a Decision within a period of forty-five (45) days from submission of the Verified Notice of Claim for resolution (Rule 5, Section 13).

6. Order Setting the Motion for Hearing on Approval of the Asset Distribution Plan (ADP)

Within ten (10) days from receipt of the motion for approval of the Partial or Final ADP, the Liquidation Court shall issue an Order setting it for hearing within ninety (90) days from receipt thereof and directing the creditors to file their comments not later than ten (10) days before the hearing (Rule 8, Section 3).

7. Resolution of the Motion on Approval and Implementation of the Partial or Final Asset Distribution Plan (ADP)

On the basis of the pleadings submitted and without need of a full-blown trial, the Liquidation Court may approve or disapprove the motion, in whole or in part, or order the amendment of the Partial or Final ADP within forty-five (45) days from submission of the motion for resolution (Rule 8, Section 6).

E. A.M. No. 10-3-10-SC (2020 Revised Rules of Procedure for Intellectual Property Rights Cases)

1. Objections on Modes of Discovery

The court shall rule on the objection not later than ten (10) calendar days from receipt of the comment or the expiration of the three-day period (Rule 5, Section 2).

2. Schedule of Trial

The trial shall be completed not later than sixty (60) calendar days from the date of the initial trial, excluding the period when the case is referred to an expert or committee of experts under Section 4 of Rule 17 (Rule 6, Section 9).

3. Clarification Hearing

Immediately after termination of such clarification hearing(s), the court shall order the parties to file, within ten (10) calendar days from such date, their respective position papers as required under Section 7 of the preceding Rule (Rule 7, Section 1).

4. Clarification Hearing or Hearings Following Submission of Position Papers

The order setting the case for clarification hearing must be issued not later than fifteen (15) calendar days after receipt of the last position paper or the expiration of the period for filing the same and the clarification hearing must be scheduled within fifteen (15) calendar days from the issuance of such order and completed not later than fifteen (15) calendar days(Rule 7, Section 2).

5. When to Render Judgment (Civil Procedure)

Where the case is submitted for decision immediately after pre-trial in accordance with Section 4 (i) (i) of Rule 6, the court shall render judgment within sixty (60) calendar days after pre-trial (Rule 8, Section 1).

Where the parties are required to submit position papers under Section 7 of Rule 6 or Section 1 of Rule 7, the court shall render judgment within sixty (60) calendar days from receipt of the last position paper, or upon the expiration of the period to file the same (Id.).

When a clarification hearing is conducted under Section 2 of Rule 7, the court shall render judgment within sixty (60) calendar days from the termination of the last clarification hearing (Id.).

Where the court conducted trial, it shall render judgment within sixty (60) calendar days from the oral ruling on the last offer of evidence, or, when required by the court, from submission of the memoranda or draft decision under Section 5 of Rule 7, or upon the expiration of the period to file thereof (Id.).

6. When Warrant of Arrest may issue

In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within five (5) calendar days from notice and the issue must be resolved by the court within fifteen (15) calendar days from the presentation of the additional evidence (Rule 11, Section 3).

7. Disposition of Good Seized pursuant to Search Warrant

Upon motion of the party whose goods have been seized, with notice to the applicant, the issuing court may quash the search warrant and order the return of the seized goods if no criminal complaint is filed within sixty (60) calendar days from the issuance of the search warrant (Rule 11, Section 4).

8. Judgment on Pre-Trial

Whether on the basis of the stipulations and admissions made by the parties and upon agreement of the parties, judgment may be rendered without need of further proceedings, in which event judgment shall rendered within thirty (30) calendar days from issuance of the order (Rule 13, Section 4).

9. Demurrer to Evidence

The demurrer shall be resolved by the court within a non-extendible period of thirty (30) calendar days from date of the filing of the comment or lapse of the period to file the same (Rule 14, Section 3).

10. Judgment (Criminal Procedure)

The court shall promulgate the judgment not later than sixty (60) calendar days from the time the case is submitted for decision, with or without the memoranda (Rule 14, Section 5).

F. A.M. No. 02-1-06-SC (Rule on Search and Seizure in Civil Actions for Infringement of Intellectual Property Rights)

1. Examination of Applicant

The application shall be acted upon within twenty-four (24) hours from its filing (Section 5).

G. A.M. No. 12-12-11-SC (Financial Rehabilitation Rules of Procedure)

1. Action on the Petition on Court-Supervised Rehabilitation

If the court finds the petition for rehabilitation to be sufficient in form and substance, it shall, within five (5) working days from the filing of the petition, issue a Commencement Order (Rule 2, Section 7).

2. Additional Hearings on Court-Supervised Rehabilitation

The court may hold additional hearings as may be necessary to continue the initial hearing process but these hearings must be concluded not later than ninety (90) days from the first hearing date fixed in the Commencement Order (Rule 2, Section 15).

3. Giving Due Course to or Dismissal of Petition, or Conversion of Proceedings

Within ten (10) days from receipt of the report of the rehabilitation receiver, the court may: (a) give due course to the petition; (b) dismiss the petition; or (c) convert the proceedings into one for the liquidation of the debtor (Rule 2, Section 17).

4. Sale or Disposal of Encumbered Property of the Debtor and Assets of Third Parties Held by Debtor

The affected party is given a non-extendible period of three (3) days from receipt of the motion within which to file his comment or opposition. The court shall resolve the motion within five (5) days from the date of the hearing (Rule 2, Section 49 [C]).

5. Creditor Approval of Rehabilitation Plan

Notwithstanding the rejection of the Rehabilitation Plan, the court may, motu proprio or upon motion of any interested party within ten (10) days from notice of the rejection of the Rehabilitation Plan, confirm the Plan (Rule 2, Section 62).

6. Submission of Rehabilitation Plan to the Court

Within five (5) days from receipt of the Rehabilitation Plan, the court shall notify the creditors that the Rehabilitation Plan has been submitted for confirmation; that any creditor may obtain copies of the Rehabilitation Plan; and that any creditor may file an objection thereto (Rule 2, Section 63).

7. Hearing on the Objections

If objections have been submitted during the relevant period and the court finds them sufficient in form and substance, it shall issue an order setting the date and time for the hearing or hearings on the objections, which shall not be later than ten (10) days from the expiration of the period to file objections (Rule 2, Section 65).

8. Period for Confirmation of the Rehabilitation Plan

The court shall have a maximum period of one (1) year from the date of the filing of the petition to confirm a Rehabilitation Plan for the debtor (Rule 2, Section 70).

9. Amendments to the Approved Rehabilitation Plan

Within five (5) days from filing of the motion, the court motu proprio shall grant or deny the motion. If the court grants the motion, it shall set the proposed amendments for hearing not later than fifteen (15) days from date of the order (Rule 2, Section 72).

The court shall act on the proposed amendments not later than forty-five (45) days from the date of the filing of the motion for leave to amend the Rehabilitation Plan (Id.).

10. Issuance of Order on Pre-Negotiated Rehabilitation

Within five (5) working days from the date of filing the petition, if the court determines that the petition is sufficient in form and substance, it shall issue an Order (Rule 3, Section 2).

11. Approval of Plan on Pre-Negotiated Rehabilitation

If no verified objection to the petition or the Rehabilitation Plan is filed within eight (8) days from the date of the second publication of the Order, the court shall approve the rehabilitation plan within ten (10) days from the date of the second publication of such order (Rule 3, Section 4).

12. Hearing on the Objections and Comments on Pre-Negotiated Rehabilitation

After receipt of objections under Section 5 and comments under Section 6, both of this Rule, the court shall set the case for hearing not earlier that twenty (20) days nor later than thirty (30) days from the date of the second publication of the Order issued pursuant to Section 2 of this Rule. If the court finds the objection meritorious, it shall direct the debtor, when feasible, to cure the defect within fifteen (15) days from receipt of the order (Rule 3, Section 7).

13. Period for Approval of Rehabilitation Plan on Pre-Negotiated Rehabilitation

The court shall have a maximum period of one hundred twenty (120) days from the filing of the petition to approve or disapprove the Pre-Negotiated Rehabilitation Plan filed under this Rule (Rule 3, Section 8).

14. Service of Summons on Out-of-Court or Informal Restructuring Agreement or Rehabilitation Plan

Upon the filing of the petition, the court shall immediately issue and cause to be served the corresponding summons to the respondent within five (5) days from receipt of the petition (Rule 4, Section 12).

15. Court Order on Petition on Out-of-Court or Informal Restructuring Agreement or Rehabilitation Plan

If the court determines that there is no genuine issue of material fact, the court shall rule whether the petition shall be granted. The court shall issue the order within five (5) days from receipt of the comment or opposition (Rule 4, Section 14).

16. Summary Hearing on Out-of-Court or Informal Restructuring Agreement or Rehabilitation Plan

If the court determines that there exists a genuine issue of material facts, it shall conduct a summary hearing not later than twenty (20) days from the filing of the petition (Rule 4, Section 15).

The court shall render judgment which shall be not later than sixty (60) days from the filing of the petition (Id.).

17. Notice of Filing of Petition for Recognition on Cross-Border Insolvency Proceedings

Within three (3) days from the filing of the petition for recognition of a foreign proceeding, the court shall acknowledge the fact of filing and issue a Notice of filing of the petition, which shall be published once in a newspaper of general circulation within five (5) days from its issuance (Rule 5, Section 6).

18. Period to Recognize Foreign Proceeding on Cross-Border Insolvency Proceedings

A petition for recognition of a foreign proceeding shall be decided within thirty (30) days from its filing (Rule 5, Section 9).

H. A.M. No. 00-8-10-SC (Rules of Procedure on Corporate Rehabilitation)

[Nota Bene]

A.M. No. 00-8-10-SC shall apply to petitions for rehabilitation of corporations, partnerships and associations pursuant to Presidential Decree No. 902-A, as amended(Rule 1, Section 1).

On the other hand, A.M. No. 12-12-11-SC shall apply to petitions for rehabilitation of corporations, partnerships, and sole proprietorship, filed pursuant to Republic Act No. 10142, otherwise known as the Financial Rehabilitation and Insolvency Act (FRIA) of 2010 (Rule 1, Section 2).

These Rules shall similarly govern all further proceedings in suspension of payments and rehabilitation cases already pending, except to the extent that, in the opinion of the court, its application would not be feasible or would work injustice, in which event the procedures originally applicable shall continue to govern(Id.). [emphasis added]

1. Stay Order

If the court finds the petition to be sufficient in form and substance, it shall, not later than five (5) working days from the filing of the petition, issue an order (Rule 3, Section 7).

2. Revocation of Rehabilitation Plan on Grounds of Fraud

Upon motion, within ninety (90) days from the approval of the rehabilitation plan, and after notice and hearing, the court may revoke the approval thereof on the ground that the same was secured through fraud (Rule 3, Section 21).

3. Additional Hearings on Debtor-Initiated Rehabilitation

The court may hold additional hearings as part of the initial hearing contemplated in these Rules but the initial hearing must be concluded not later than ninety (90) days from the initial date of the initial hearing fixed in the stay order (Rule 4, Section 6).

4. Order After Initial Hearing on Debtor-Initiated Rehabilitation

Within twenty (20) days after the last hearing, the court shall issue an order which shall: (a) Give due course to the petition and immediately refer the petition and its annexed to the rehabilitation receiver who shall evaluate the rehabilitation plan and submit his recommendation to the court not later than ninety (90) days from the date of the last initial hearing, if the court is satisfied that there is merit to the petition, otherwise the court shall immediately dismiss the petition; and (b) Recite in detail the matters taken up in the initial hearing and the actions taken thereon, including a substitute rehabilitation plan (Rule 4, Section 7 [a]).

If the debtor and creditors agree on a new rehabilitation plan, the order shall so state the fact and require the rehabilitation receiver to supply the details of the plan and submit it for the approval of the court not later than sixty (60) days from the date of the last initial hearing. The court shall approve the new rehabilitation plan not later than ninety (90) days from the date of the last initial hearing (Rule 4, Section 7 [b]).

5. Period to Decide Petition on Debtor-Initiated Rehabilitation

The court shall decide the petition within one (1) year from the date of filing of the petition, unless the court, for good cause shown, is able to secure an extension of the period from the Supreme Court (Rule 4, Section 12).

6. Issuance of Order on Pre-Negotiated Rehabilitation

If the court finds the petition sufficient in form and substance, it shall, not later than five (5) working days from the filing of the petition, issue an order (Rule 6, Section 2).

7. Approval of Plan on Pre-Negotiated Rehabilitation

Within ten (10) days from the date of the second publication of the order, the court shall approve the rehabilitation plan unless a creditor or other interested party submits a verified objection to it (Rule 6, Section 3).

8. Hearing on Objections on Pre-Negotiated Rehabilitation

The court shall set the case for hearing not earlier than ten (10) days and no later than twenty (20) days from the date of the second publication of the order mentioned in Section 2 of this Rule on the objections to the petition or rehabilitation plan (Rule 6, Section 5).

9. Period for Approval of Rehabilitation Plan on Pre-Negotiated Rehabilitation

The court shall decide the petition not later than one hundred twenty (120) days from the date of the filing of the petition (Rule 6, Section 6).

10. Period to Recognize Foreign Proceeding

A petition for recognition of a foreign proceeding shall be decided within thirty (30) days from the filing thereof (Rule 7, Section 5).

I. A.M. No. 15-04-06-SC (Financial Liquidation and Suspension of Payments Rules of Procedure for Insolvent Debtors)

1. Action on the Petition or Motion on Liquidation of Insolvent Juridical Debtors

The court may take any action necessary for the foregoing purposes but it shall have a maximum period of ten (10) working days from the date of the filing of the petition or motion to issue the Liquidation Order, dismiss the petition, or deny the motion (Rule 2, Section 3).

2. Action on the Petition on Suspension of Payments

If the court finds the petition sufficient in form and substance, it shall, within five (5) working days from the filing of the petition, issue a Suspension of Payments Order (Rule 3, Section 2).

3. Rejection of the Debtor's Proposal and Dismissal of the Petition

The court within five (5) days from the lapse of the ninety (90)-day period, or from receiving the report of the commissioner mentioned in the preceding section that the debtor's proposal has been rejected, shall issue an order dismissing the petition (Rule 3, Section 7).

4. Objections to the Approval of the Debtor's Proposal or any Amendment thereto

If the proposal of the debtor, or any amendment thereto, made during the creditors' meeting, is approved by the majority of creditors in accordance with Section 6 of this Rule, any creditor who attended the meeting and who dissented from and protested against the vote of the majority may file an objection with the court within ten (10) days from the date of the meeting (Rule 3, Section 8).

The court shall hear and pass upon such objection in a summary manner, within thirty (30) days from the filing of the objection (Id.).

5. Action on the Petition on Voluntary Liquidation

The court may take any action necessary for the foregoing purposes but it shall have a maximum period of ten (10) working days from the date of the filing of the petition to issue the Liquidation Order or dismiss the petition (Rule 3, Section 12).

6. Order for Debtor to Show Cause

If the petition is sufficient in form and substance, the court, within five (5) working days from the filing of the petition, shall issue summons to the debtor requiring him, by way of comment on or opposition to the petition within an inextendible period of fifteen (15) days from service of the summons, to show cause why he should not be declared insolvent (Rule 3, Section 15).

7. Actions for Rescission or Nullity

If the liquidator does not consent to the filing or prosecution of such action, any creditor may seek leave of the court to commence and prosecute said action. The court shall have five (5) working days to act on the motion for leave to commence or prosecute an action (Rule 4, Section 22).

J. A.M. No. 19-08-06-SC (Rule on Administrative Search and Inspection under the Philippine Competition Act)

1. Examination of Applicant

The application shall be acted upon within twenty-four (24) hours from its filing (Section 5).

II.4 DRUGS COURT

A. A.M. No. 21-02-01-SC (Rule on the Destruction and Disposal of Seized Dangerous Drugs, Other Substances, and Instruments Prior to the Filing of an Information)

1. Ocular Inspection

If the seized drugs amount to one (1) kilogram or more, or if the seized instruments and equipment cannot be physically brought to the court, the judge shall conduct an ocular inspection of the same within seventy-two (72) hours from the time the application is filed (Section 2).

2. Order for Retention of Representative Sample

Within twenty-four (24) hours from the conduct of the ocular inspection, the court shall order the retention of a representative sample of the seized drugs which shall be kept in the forensic laboratory of the operating unit which seized the drugs. In cases where the seized drugs are physically brought to the court, the court shall order the retention of the representative sample of the seized drugs also within twenty-four (24) hours therefrom (Section 3).

3. Order for Destruction and Disposal

Within the same twenty-four (24) hours from the conduct of the ocular inspection, or in the same Order for the retention of representative sample, the court shall also order the immediate destruction and disposal of the remaining seized drugs or instruments and equipment (Section 4).

B. A.M. No. 15-06-10-SC (Revised Guidelines for Continuous Trial of Criminal Cases)

1. Petition for Bail

Petition for bail shall be heard and resolved within twenty (20) calendar days(Rule III.10 [a]).

C. Republic Act No. 9165, as amended (Comprehensive Dangerous Drugs Act of 2002)

1. Promulgation of Decision

Shall be rendered within a period of fifteen (15) days from the date of submission of the case for resolution (Section 90).

II.5 ELECTION COURT

A. A.M. No. 10-4-1-SC (2022 Interim Amendments to the 2010 Rules of Procedure for Municipal Election Contests)

1. Rendition of Decision

The court shall decide the election contest within thirty (30) calendar days from the date the case is submitted for decision, in no case beyond six (6) months after its filing, unless the Supreme Court, through the Office of the Court Administrator, authorizes an extension in writing. After the submission of the case for decision, the judge, during the thirty (30)-day period to decide the election contest or until the promulgation of the decision therein, prior to the lapse of the said period, shall prioritize the resolution of the election contest over his or her other adjudicative duties and functions (Rule 14, Section 1).

II.6 ENVIRONMENTAL COURT

A. A.M. No. 09-6-8-SC (Rules of Procedure for Environmental Cases)

1. Pre-Trial Order

Within ten (10) days after the termination of the pre-trial, the court shall issue a pre-trial order setting forth the actions taken during the pre-trial conference, the facts stipulated, the admissions made, the evidenced marked, the number of witnesses to be presented and the schedule of trial (Rule 3, Section 9).

2. Submission of Case for Decision

The court shall have a period of sixty (60) days to decide the case from the date the case is submitted for decision (Rule 4, Section 4).

3. Period to Try and Decide

The court shall have a period of one (1) year from the filing of the complaint to try and decide the case (Rule 4, Section 5).

The court shall prioritize the adjudication of environmental cases (Id.).

4. Resolution of the Defense of a Strategic Lawsuit Against Public Participation (SLAPP)

The affirmative defense of a SLAPP shall be resolved within thirty (30) days after the summary hearing (Rule 6, Section 4).

5. Hearing of Writ of Kalikasan

The hearing including the preliminary conference shall not extend beyond sixty (60) days and shall be given the same priority as petitions for the writs of habeas corpus, amparo and habeas data(Rule 7, Section 11).

6. Judgment on the Writ of Kalikasan

Within sixty (60) days from the time the petition is submitted for decision, the court shall render judgment granting or denying the privilege of the Writ of Kalikasan(Rule 7, Section 15).

7. Proceedings after comment is filed in Writ of Continuing Mandamus

The petition shall be resolved without delay within sixty (60) days from the date of the submission of the petition for resolution (Rule 8, Section 6).

8. Arraignment

The court shall set the arraignment of the accused within fifteen (15) days from the time it acquires jurisdiction over the accused, with notice to the public prosecutor and offended party or concerned government agency that it will entertain plea-bargaining on the date of the arraignment (Rule 15, Section 1).

9. Setting of Pre-Trial Conference

After the arraignment, the court shall set the pre-trial conference within thirty (30) days(Rule 16, Section 1).

10. Pre-Trial Order

The court shall issue a pre-trial order within ten (10) days after the termination of the pre-trial, setting forth the actions taken during the pre-trial conference, the facts stipulated, the admissions made, evidenced marked, the number of witnesses to be presented and the schedule of trial (Rule 16, Section 7).

11. Continuous Trial

The court shall endeavor to conduct continuous trial which shall not exceed three (3) months from the date of the issuance of the pre-trial order (Rule 17, Section 1).

12. Promulgation of Decision

With or without any memoranda filed, the court shall have a period of sixty (60) days to decide the case counted from the last day of the 30-day period to file the memoranda (Rule 17, Section 3).

13. Disposition Period

The court shall dispose the case within a period of ten (10) months from the date of arraignment (Rule 17, Section 4).

B. Republic Act No. 8749 (Philippine Clean Air Act of 1999)

1. Citizen Suits

Within thirty (30) days, the court shall make a determination if the complaint herein is malicious and/or baseless and shall accordingly dismiss the action and award attorney's fees and damages (Section 41).

II.7 EXPROPRIATION COURT

A. OCA Circular No. 12-2021 (Guidelines for the Special Expropriation Courts for Public Roads)

1. Trial and Judgment

Expropriation cases referred to herein shall strictly comply with the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure where trial shall be terminated within one hundred eighty (180) days from the initial presentation of evidence. Judgment shall be rendered within ninety (90) days from submission for decision unless otherwise provided by law or the Court (Item 5).

2. Determination of Just Compensation

In instances where the sole issue in the expropriation case is the determination of just compensation, and the owner of the property contests the implementing agency's proffered value, the court shall determine the just compensation to be paid to the owner within sixty (60) days from the date of filing of the expropriation case pursuant to Section 6 (f) of Republic Act No. 10752 (Item 6).

II.8 FAMILY COURT

A. A.M. No. 02-6-02-SC (Rule on Adoption)

[Nota Bene]

1. Starting January 28, 2022 when Republic Act No. 11642 (Domestic Administrative Adoption and Alternative Child Care Act) took effect, courts may no longer receive or accept petitions for domestic adoption, jurisdiction over the same being now lodged with the National Authority for Child Care (NACC).

2. Pursuant to R.A. No. 11642, adoption proceedings are now administrative.

3. Per Section 56 of R.A. No. 11642, "[a]ll judicial petitions for domestic adoption pending in court upon the effectivity of the Act may be immediately withdrawn, and the parties to the same shall be given the option to avail of the benefits of the Act."

4. The phrase "judicial proceedings pending in court" refers to all cases already filed in court upon the effectivity of the law, regardless of the stage of the proceedings, applying the principle "when the law does not distinguish, the court should not distinguish (expressio unius est exclusio alterius)."

5. Although the law used the term "parties," the petition for adoption may be withdrawn only by the petitioner because the purpose of the withdrawal is to avail of the benefits of the new law.

6. If the petitioner/s do not withdraw their petition, the court shall continue to hear and decide the same pursuant to Section 56 of R.A. No. 11642.

7. The courts shall require the petitioner/s in adoption cases to manifest their intent to withdraw the petition within a given period, failing which, the court shall inform the parties that the court will proceed to hear and decide the case, and the petitioner/s shall be deemed to have waived the option to withdraw the petition under Section 56 of R.A. No. 11642. Should the petitioner/s avail of the provisions of R.A. No. 11642 without first withdrawing the petition for adoption, petitioner/s and counsel shall be subject to appropriate sanctions under the Rules of Court.

8. The Rule on Adoption which covers the domestic adoption of Filipino children is therefore rendered ineffective, except insofar as petitions for adoption which have not been withdrawn from the courts pursuant to Section 56 of R.A. No. 11642 are concerned. In such cases, the existing Rule on Adoption shall be applied.

9. All pending inter-country adoption petitions filed in court pursuant to the provisions under part B of the Rule on Adoption shall be dismissed. [emphasis added]

B. A.M. No. 04-10-11-SC (Rule on Violence Against Women and their Children)

1. Protection Order issued after Preliminary Conference

Within five (5) days after the termination of the preliminary conference, the court may issue a protection order, based on the pleadings and stipulations or admissions made by the parties (Section 24).

2. Order for Further Hearing

In case the court determines the need for further hearing, it may issue an order containing the schedule of the presentation of evidence by both parties which shall be done in one (1) day, to the extent possible, within the thirty (30)-day period of the effectivity of the temporary protection order issued (Section 25 [e]).

3. Period to hear Petition

The court shall, to the extent possible, endeavor to conduct in one (1) day the hearing on the merits for the issuance of a permanent protection order. Where the court is unable to finish the hearing within one day and the temporary protection order issued is due to expire, it may extend or renew the temporary protection order for a period of thirty (30) days each time until final judgment is rendered (Section 26 [b]).

4. Period to Decide

The court shall decide the petition within thirty (30) days after termination of the hearing on the merits (Section 29 [a]).

Where no hearing has been conducted, the court shall decide the petition within ten (10) days after the termination of the preliminary conference (Section 29 [b]).

C. Republic Act No. 9344 (Juvenile Justice and Welfare Act of 2006) as amended by Republic Act No. 10630 (An Act Strengthening the Juvenile Justice System in the Philippines, amending for the purpose Republic Act No. 9344, otherwise known as the "Juvenile Justice and Welfare Act of 2006" and Appropriating Funds therefor)

1. Determination of Age

Any person contesting the age of the child in conflict with the law prior to the filing of the information in any appropriate court may file a case in a summary proceeding for the determination of age before the Family Court which shall decide the case within twenty-four (24) hours from receipt of the appropriate pleadings of all interested parties (Section 7).

2. Serious Crimes Committed by Children Who are Exempt from Criminal Responsibility

The court where the petition for involuntary commitment has been filed shall decide on the petition within seventy-two (72) hours from the time the said petition has been filed by the Department of Social Welfare and Development/Local Social Welfare and Development Office. The court will determine the initial period of placement of the child within the Intensive Juvenile Intervention and Support Center which shall not be less than one (1) year(Section 20-A).

D. A.M. No. 02-1-18-SC (2019 Supreme Court Revised Rule on Children in Conflict with the Law)

1. Burden of Proof of Age

If the age of the child is contested prior to the filing of the information in court, a case for determination of age under summary proceeding may be filed before a court which shall render its decision within twenty-four (24) hours from receipt of the appropriate pleadings of all the parties (Section 6).

2. Procedure for Handling a Child Exempted from Criminal Liability Who Commits Serious Crimes

The court where the petition for involuntary commitment has been filed, shall decide on the petition within seventy-two (72) hours from the time the said petition has been filed by the Department of Social Welfare and Development/Local Social Welfare and Development Office (Section 8-A [b]).

The court will determine the initial period of placement of the child with the Intensive Juvenile Intervention and Support Center which shall not be less than one (1) year(Section 8-A [c]).

3. Hearing of Diversion Program

The court shall act on the recommendation within five (5) days from the termination of the hearing (Section 33).

4. Report of Social Worker

The report and recommendation shall be heard by the court within fifteen (15) days from receipt, with notice to the members of the Committee, the child, the mother or father, or the appropriate guardian or custodian, or in the absence thereof, the nearest relative, the child's counsel, and the complainant, his or her father or mother, or guardian, or in the absence thereof the nearest relative, if a minor, and his or her counsel (Section 35).

5. Disposition Conference

In case of suspended sentence, the court shall set the case for disposition conference within fifteen (15) days from the promulgation of sentence with notice to the social worker of the court, the child and the parents or guardian of the child and the child's counsel, the victim and counsel (Section 47).

E. A.M. No. 02-1-19-SC (Rule on Commitment of Children)

1. Notice of Hearing on Restoration of Parental Authority After Involuntary Commitment

The court shall fix the time and date for the hearing of the motion, which shall not be earlier than thirty (30) days nor later than sixty (60) days from the date of the filing of said motion and cause notice of the hearing to be sent to the person, agency or institution to which the child has been committed, the public prosecutor and the court-designated social worker, at least five (5) days before the date of hearing (Section 4 [p] [ii]).

F. A.M. No. 15-06-10-SC (Revised Guidelines for Continuous Trial of Criminal Cases)

[Nota Bene]

Acting on Resolution No. 05-2018 of the Committee on Family Courts and Juvenile Concerns, the Court Resolved to approve the applicability of the Revised Guidelines for Continuous Trial of Criminal Case to Family Courts and Regional Trial Courts Handling Family Court Cases with the following modifications:

1. The Family Courts shall set the arraignment of the Child in Conflict with the Law (CICL) and the pre-trial of the case within ten (10) calendar days from the date of the court's receipt of the case for a detained CICL, and within the thirty (30) calendar days from the date the court acquires jurisdiction (either by arrest or voluntary surrender) over a non-detained CICL, UNLESS there is a need to subject the CICL to a diversion proceeding pursuant to Section 37 of Republic Act No. 9344.

2. Family Courts shall adhere to the one (1)-day examination of witness rule only insofar as practicable.

3. The extension of the periods caused by the allowable good causes shall be excluded from the computation of the one hundred eighty (180)-day period within which trial must be completed.

G. A.M. No. 03-04-04-SC (Rule on Custody of Minors and Writ of Habeas Corpus in Relation to Custody of Minors)

1. Notice of Mandatory Pre-Trial

Within fifteen (15) days after the filing of the answer or the expiration of the period to file answer, the court shall issue an order: (1) fixing a date for the pre-trial conference; (2) direct the parties to file and serve their respective pre-trial briefs in such manner as shall ensure receipt thereof by the adverse party at least three (3) days before the date of pre-trial; and (3) requiring the respondent to present the minor before the court (Section 9).

III. REGLEMENTARY PERIOD PROVIDED BY LAW

A. Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) as amended by Republic Act No. 9231 (An Act Providing for the Elimination of the Worst Forms of Child Labor and Affording Stronger Protection for the Working Child, amending for this purpose Republic Act No. 7610, as amended, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act)

1. Promulgation of Decision

Decision on said cases shall be rendered within a period of fifteen (15) days from the date of the submission of the case (Section 16-A).

B. Republic Act No. 8189 (The Voter's Registration Act of 1996)

1. Judicial Proceedings in the Matter of Inclusion, Exclusion, and Correction of Names of Voters

Cases appealed to the Regional Trial Court shall be decided within ten (10) days from receipt of the appeal. In all cases, the court shall decide these petitions not later than fifteen (15) days before the election and the decision shall become final and executory (Section 32 [g]).

C. Republic Act No. 8975 (An Act to Ensure the Expeditious Implementation and Completion of Government Infrastructure Projects by Prohibiting Lower Courts from Issuing Temporary Restraining Orders, Preliminary Injunctions or Preliminary Mandatory Injunctions, Providing Penalties for Violations thereof, and for Other Purposes)

1. Designation of Regional Trial Courts

The Supreme Court may designate Regional Trial Courts to act as commissioners with the sole function of receiving facts of the case involving acquisition clearance and development of right-of-way for government infrastructure projects. The designated Regional Trial Court shall within thirty (30) days from the date of receipt of the referral, forwards its findings of facts to the Supreme Court for appropriate action (Section 5).

D. Presidential Decree No. 1529 (Property Registration Decree)

1. Speedy Hearing

The trial court shall see to it that all registration proceedings are disposed or within ninety (90) days from the date the case is submitted for decision (Section 27).

IV. RECOMMENDATORY GUIDELINES

A. Administrative Order No. 25-2007 (Designation of Special Courts to Hear, Try and Decide Cases Involving Killings of Political Activists and Members of Media)

1. The cases referred to herein shall undergo mandatory continuous trial and shall be terminated within sixty (60) days from commencement of trial. Judgment thereon shall be rendered within thirty (30) days from submission for decision unless a shorter period is provided by law or otherwise directed by this Court.

B. OCA Circular No. 127-2021 (Prioritization of Cases and Use of Alternative Dispute Resolution)

1. Judges are enjoined to give primacy to cases involving women and children; cases with urgent reliefs, such as cases where applications for temporary restraining order, writ of preliminary injunction, and protection orders were granted, and applications for writ of habeas corpus, writ of amparo and habeas data, and writ of kalikasan; cases that involve government expropriation and infrastructure projects (including energy transmission projects); commercial-and-economic-impact cases; as well as motions and interlocutory incidents that affect the liberty of the accused in criminal cases, and the integrity and dignity of human life in all cases.

2. Strongly encourage litigants to resort to mediation, judicial dispute resolution, and other forms of alternative dispute resolutions, in and out of the court, in order to dispose of cases with less time and effort on the judges' part, and with less expense on the part of the litigants.

C. OCA Circular No. 138-2022 (Prioritization and Expeditious Resolution of Cases Involving Persons Deprived of Liberty who are Seventy [70] years old and above)

1. In the interest of efficient administration of justice and for humanitarian considerations, all concerned judges of the first and second level courts are hereby enjoined to prioritize and expedite the disposition of cases involving elderly Persons Deprived of Liberty (PDLs) who are seventy (70) years old and above.

-END-

Footnotes

1. Office of the Court Administrator v. Casalan, A.M. No. RTJ-14-2385 [Formerly A.M. No. 14-4-115-RTC] dated 20 April 2016.

2. OCA Circular No. 205-2019 dated 6 November 2019.

3. Section 5 (g), Rule 30 and Section 11 (d), Rule 119 of the 2019 Amendments to the Rules of Court.

4. Office of the Court Administrator v. Casalan, A.M. No. RTJ-14-2385 [Formerly A.M. No. 14-4-115-RTC] dated 20 April 2016.