Uniform Guidelines Concerning Cases Where the Accused or One of the Accused is a Local Official

November 11, 2019

OCA CIRCULAR NO. 211-2019

 

In the 31 July 2019 Resolution in A.M. No. 09-05-131-RTC(Re: Determination of judicial region and court to try Criminal Case Nos. 3875-K and 3876-K, both entitled People of the Philippines v. Mayor Josh Edward S. Cobangbang, et al., pending before Branch 24, Regional Trial Court [RTC], Cabugao, Ilocos Sur), the Court En BancRESOLVED to ADOPT, for uniformity, the following guidelines concerning cases where the accused or one of the accused is a local official, to wit:

1. within three (3) days from the filing of the case, where the accused or one of the accused is a public official, the case shall be forwarded to the nearest RTC of the nearest judicial region from the judicial region where the official holds office pursuant to Section 2 of R.A. No. 10660 (An Act Strengthening Further the Functional and Structural Organization of the Sandiganbayan, Further amending Presidential Decree No. 1606, as amended, and Appropriating Funds Therefor);

2. the determination of the nearest judicial region shall be the judicial region wherein the nearest RTC is located from the RTC where the case is filed. For instance, a case filed before Branch 61, RTC, Gumaca, Quezon, may be forwarded to Branch 64, RTC, Labo, Camarines, Norte, or a case filed before Branch 31, RTC, City of San Pedro, Laguna, may be forwarded to the RTC, Muntinlupa City. The nearest RTC of the nearest judicial region shall be determined by the Presiding Judge in single-sala stations or the Executive Judge in multiple-sala stations;

3. where the case is filed in a multiple-sala court, the records of the case shall be returned to the Executive Judge, who shall forward the same to the nearest RTC of the nearest judicial region;

4. where the nearest RTC of the nearest judicial region is a multiple-sala station, within three (3) days from receipt of the case records, the case shall be raffled among the judges in the station; and

5. the Judge of the court where the case involving a local official is raffled shall hear, try and decide the case in accordance with the Rules.

Any prior circular from the Office of the Court Administrator on this matter which is contrary to the foregoing is hereby superseded.

For your information, guidance and strict compliance.

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator