volume x, issue no. 40 october-december 2008

PHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSOctober-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008

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SUPREME COURT

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Launching of Justice on Wheels, Mobile Court-Annexed Mediation, and Information DisseminationThrough a Dialogue Among Barangay Officials with theChief Justice and Other Court Officials

CaviteDevelopment Partners: Committee on Justice on Wheelsand the Province of CaviteDate Conducted: October 4, 2008Venue: Barangay Hall Molino II, Bacoor, CaviteParticipants: 128 Barangay Officials of Cavite

Tacloban CityDevelopment Partners: Committee on Justice on Wheelsand the City of TaclobanDate Conducted: October 11, 2008Venue: Bulwagan ng Katarungan (Launching) and TaclobanCity Astrodome (Dialogue), Tacloban CityParticipants: 1,807 Barangay Officials of Tacloban City

ZambalesDevelopment Partners: Committee on Justice on Wheelsand Province of ZambalesDate Conducted: October 20, 2008Venue: Bulwagan ng Katarungan, Iba, ZambalesParticipants: 242 Barangay Officials and IndigenousPeople of Zambales

Pasay CityDevelopment Partners: Committee on Justice on Wheelsand the City of PasayDate Conducted: November 8, 2008Venue: Cuneta Astrodome, Pasay CityParticipants: 893 Barangay Officials of Pasay City

Baler, Aurora (also with Fisherfolks and Farmers)Development Partners: Committee on Justice on Wheelsand the Province of Baler, AuroraDate Conducted: November 22, 2008Venue: Provincial Capitol Compound, Baler, AuroraParticipants: 331 Barangay Officials, Fiskherfolks andFarmers of Baler, Aurora

SaranganiDevelopment Partners: Committee on Justice on Wheelsand Province of SaranganiDate Conducted: November 28, 2008Venue: Alabel Gymnasium, SaranganiParticipants: 366 Barangay Officials of Sarangani

Las Piñas CityDevelopment Partners: Committee on Justice on Wheelsand City of Las PiñasDate Conducted: December 5, 2008Venue: Hall of Justice, Las Piñas City

Participants: 203 Barangay Officials of Las Piñas City

PHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSOctober-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008 3

Multi-Sectoral and Skills-Building Seminar-Workshop on Human Rights Issues: Extralegal Killingsand Enforced Disappearances

Development Partners: PCHR; AusAIDDates Conducted: October 9 to 10, 2008

October 30 to 31, 2008Venues: Hotel Del Rio, Iloilo City

L’Fisher Hotel, Bacolod CityParticipants: 71 and 64 comprising judges, prosecutors,PAO lawyers, representatives from the Ombudsman,CHR, IBP, PNP, AFP, and observers from the 6th JudicialRegion

Development Partners: CHR; USAID; TAFDates Conducted: November 13 to 14, 2008

December 4 to 5, 2008Venues: Marco Polo Plaza Cebu, Cebu City

Hotel Alejandro, Tacloban City, LeyteParticipants: 54 and 43 comprising judges, prosecutors,PAO lawyers, representatives from Ombudsman,CHR, IBP, PNP, AFP, and observers from the 8th JudicialRegion

Seminar-Workshop sa Paggamit ng Filipino saHukumanDevelopment Partners: Marcelo H. Del Pilar College ofLaw, Bulacan State UniversityDate Conducted: October 20 to 21, 2008Venue: Bulacan State University Hostel, Lungsod ng MalolosParticipants: 48 comprising RTC and First Level courtjudges, clerks of court, court stenographers,

prosecutors and lawyers of Bulacan, and BSU faculty

Mid-Term Convention Seminar of the PhilippineJudges Association (PJA)Theme: 25 Years of Unity and Judicial ExcellenceDate Conducted: October 15 to 17, 2008Venue: Davao Trade and Convention Center, Davao City

Participants: 400 judges

Regional Multi-Sectoral Stakeholders Seminar-Workshop in Improving Access to Justice in FamilyCourtsDevelopment Partners: CGRJ; Sub-Committee on Trainingand Capacity Building; PJADate Conducted: October 16, 2008Venue: Grand Men Seng Hotel, Davao CityParticipants: 70 judges, clerks of court, interpreters,social workers, PAO lawyers, prosecutors, andrepresentatives from PNP, government agencies andcivil societies

RJCEP (Level 5)

Dates Conducted:October 21 to 23, 2008November 18 to 20, 2008

Venue: Manila Pavilion Hotel, ManilaParticipants: 97 and 89 RTC and First Level trial courtjudges of Region IV

Computer Skills Training for Court Legal

Researchers: Trainors’ Training (Computer Fundamentalsand Productivity Tools)Dates Conducted: October 22 to 24 2008

November 5 to 7, 2008Venues: Gokonwei Building, De la Salle University

University of Cebu, Banilad, Cebu CityParticipants: 25 and 25 Court Legal Researchers

Competency Enhancement Training for Family Court

and Single Sala Court Judges and Personnel in HandlingChild Abuse CasesDevelopment Partner: CPU-NetDate Conducted: October 28 to 30, 2008Venue: Sulo Hotel, Quezon CityParticipants: 43 comprising Family Court judges,branch clerks of court, interpreters, court socialworkers, prosecutors, and PAO lawyers

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Seminar-Workshop on CEDAW and Gender SensitivityDevelopment Partners: CGRJ; Sub-Committee on Trainingand Capacity Building; CTA; AHRCDate Conducted: November 6, 2008Venue: PCA Executive Lounge, Diliman, Quezon City;Participants: 42 comprising Court of Tax Appeals Justicesand OfficersDate Conducted: November 13 to 14, 2008Venue: Court of Appeals Auditorium, ManilaParticipants: 44 Court of Appeals Lawyers

Orientation Seminar-Workshop on ComparativeAnalysis Between the Family Code and the Code ofMuslim Personal LawsDate Conducted: November 11 to 13, 2008Venue: Casa Luisa Restaurant, General Santos CityParticipants: 43 comprising judges, PAO, IBP, PNP andOMA

Second Advanced Course on Intellectual PropertyLaw for Commercial Court Judges cum Colloquim onCurrent Issues in Intellectual Property LawDevelopment Partners: IPO; Intellectual Property Researchand Training Institute; U.S. Department of Commerce-CLDPDate Conducted: November 26 to 27, 2008Venue: Discovery Suites, Pasig CityParticipants: 46 comprising Commercial Court judges,representatives from IPP, DOJ, Bureau of Customs,OMB, NBI, PNP-DIDM and selected law firms

5th Distinguished Lecture, Series of 2008Topic: Command Responsibility: From InternationalCriminal Tribunals to National JurisdictionsLecturer: Honorable Fausto PocarDate Conducted: November 27, 2008Venues: Court of Appeals Auditorium, Manila;Pearlmont Inn Hotel, Cagayan de Oro City (via videoconferencing)

15th National Convention and Seminar of thePhilippine Trial Judges League, Inc. (PTJLI)Theme: Judicial Activism Towards Protecting the Weakwhile Staying Faithful to the Rule of LawDate Conducted: November 27 to 29, 2008Venue: SERAPH Hotel, Boracay Island, AklanParticipants: 324 judges

National Convention-Seminar of the PhilippineAssociation of Court EmployeesTheme: Strengthening the PACE to a Higher LevelDate Conducted: December 3 to 5, 2008Venue: Cuneta Astrodome, Pasay CityParticipants: 2625 court employees

Personal Security Training for JudgesDevelopment Partners: OCA; NBIDate Conducted: December 9 to 11, 2008Venue: Bohol Tropics Hotel, Tagbilaran CityParticipants: 40 judges

MEDIATION

Court-Annexed Mediation

Pre-Settlement Period Orientation with Judges,Clerks of Court, Branch Clerks of Court, andMediators

Manila Mediation ProgramDate Conducted: October 2, 2008Venues: New Horizon Hotel, MandaluyongCity; Best Western Hotel, Makati CityParticipants: 76 and 94 comprising judges,clerks of court, branch clerks of court andmediators

Camarines Sur Mediation ProgramDate Conducted: October 3, 2008Venue: Naga Regent Hotel, Naga CityParticipants: 23 comprising judges, clerks ofcourt, branch clerks of court and mediators

Cagayan Mediation ProgramDate Conducted: October 3, 2008Venue: Villa Blanca Hotel, Tuguegarao CityParticipants: 80 comprising judges, clerks ofcourt, branch clerks of court, and mediators

Participants: 283c o m p r i s i n gmembers of theJudiciary, membersof the diplomaticcorps, SupremeCourt officials,PHILJA officials andCorps of Professors,court attorneys,lawyers, clerks ofcourt, branch clerksof court lawprofessors and lawstudents

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Rizal Mediation ProgramDate Conducted: October 6, 2008Venue: Gem’s Hotel and Conference Center,Antipolo CityParticipants: 62 comprising judges, clerks ofcourt, branch clerks of court and mediators

Misamis and Lanao Mediation Program(and Oath Taking of Mediators)Date Conducted: October 10, 2008Venue: Pearl Mont Inn, Cagayan de Oro CityParticipants: 115 comprising judges, clerks ofcourt, branch clerks of court, and mediators

Advanced Course for Mediators

Camarines Sur Mediation ProgramDate Conducted: October 2, 2008Venue: Naga Regent Hotel, Naga CityParticipants: 23 mediators

Misamis and Lanao Mediation ProgramDate Conducted: October 9, 2008Venue: Pearl Mont Inn, Cagayan de Oro CityParticipants: 44 mediators

Orientation Conference with Stakeholders onCourt-Annexed Mediation

Panay Island Mediation ProgramDate Conducted: November 14, 2008Venue: Sarabia Manor Hotel, Iloilo CityParticipants: 233

Zambales and Bataan Mediation ProgramDate Conducted: December 2, 2008Venue: Legend International Resort, Subic,Olongapo CityParticipants: 189

CONTINUING PROGRAMS FOR JUDICIALEXCELLENCE

In its 12 years of existence, the Philippine JudicialAcademy has conducted 1,042 programs nationwidethat include regular programs, special focus programs,mediation programs and other related activities inpursuit of its mandate. In addition, the Academy hadconvened the Asia Pacific Judicial Educators Forum, anetwork of judicial education institutions, and hasjoined other international judicial educationorganizations, like the International Organization ofJudicial Training (IOJT), the Judicial EducatorsNetwork (JEDNET) and the Commonwealth JudicialEducation Institute (CJEI). Furthermore, PHILJAcontinues to hold Distinguished Lecture Series andinternational conferences.

For Academic Year 2008, the Academy reached atotal of 21,756 participants that include justices,judges, members of the Bar, advocate groups, andcourt personnel.

Overview of PHILJA Strategic Role in Judicial Education

Anchored on its mission to serve the judiciary, theAcademy implements programs for continuingjudicial education aimed at developing the judiciary’sworkforce in the areas of judicial independence,judicial efficiency and effectiveness, and judicialintegrity. The core areas of its judicial educationprograms address the formation of the judicial person,the acquisition of judicial knowledge, and thecultivation of judicial skills.

This year, the Academy conducted 188 programsand activities broken down as follows:

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CIVIL LAWDacion en pago; its concept

Dacion en pago as a mode of extinguishing anexisting obligation partakes of the nature of salewhereby property is alienated to the creditor insatisfaction of a debt in money. It is an objectivenovation of the obligation, hence, common consent ofthe parties is required in order to extinguish theobligation.

x x x In dacion en pago, as a special mode ofpayment, the debtor offers another thing to thecreditor who accepts it as equivalent of paymentof an outstanding debt. The undertaking reallypartakes in one sense of the nature of sale, thatis, the creditor is really buying the thing orproperty of the debtor, payment for which is tobe charged against the debtor’s debt. As suchthe elements of a contract of sale, namely,consent, object certain, and cause orconsideration must be present. In its modernconcept, what actually takes place in dacion en pagois an objective novation of the obligation wherethe thing offered as an accepted equivalent ofthe performance of an obligation is consideredas the object of the contract of sale, while thedebt is considered the purchase price. In any case,

ELECTION LAWRenunciation of foreign citizenship to qualify ascandidate

The law categorically requires persons seekingelective public office, who either retained theirPhilippine citizenship or those who reacquired it, tomake a personal and sworn renunciation of any andall foreign citizenship before a public officerauthorized to administer an oath simultaneous withor before the filing of the certificate of candidacy.

Hence, Section 5(2) of Republic Act No. 9225compels natural-born Filipinos, who have beennaturalized as citizens of a foreign country, but whoreacquired or retained their Philippine citizenship (1)to take the oath of allegiance under Section 3 ofRepublic Act No. 9225, and (2) for those seekingelective public offices in the Philippines, toadditionally execute a personal and swornrenunciation of any and all foreign citizenship beforean authorized public officer prior or simultaneous tothe filing of their certificates of candidacy, to qualifyas candidates in Philippine elections.

(Chico-Nazario, J., Nestor A. Jacot v. Rogen T. Dal andCommission on Elections, G.R. No. 179848, November

27, 2008.)

common consent is an essential prerequisite, be itsale or novation, to have the effect of totallyextinguishing the debt or obligation.” (Emphasis

supplied; citation omitted)

(Carpio Morales, J., Dao Heng Bank. Inc., now Banco deOro Universal Bank v. Sps. Lilia and Reynaldo Laigo,

G.R. No. 173856, November 20, 2008.)

Family Home; writ of execution issued against afamily home; procedure to be observed under theFamily Code

The above Order did not resolve nor take intoaccount petitioner’s allegations in his Opposition,which are material and relevant in the resolution ofthe motion for issuance of a writ of execution. This isserious error on the part of the trial court. It shouldhave made an earnest determination of the truth topetitioner’s claim that the house and lot in which heand his children resided was their duly constitutedfamily home. Since it did not, its July 16, 2003 Order isthus null and void. Where a judgment or judicialorder is void it may be said to be a lawless thing,which can be treated as an outlaw and slain at sight,or ignored wherever and whenever it exhibits its head.

The family home is a real right which is gratuitous,inalienable and free from attachment, constituted overthe dwelling place and the land on which it is situated,which confers upon a particular family the right toenjoy such properties, which must remain with theperson constituting it and his heirs. It cannot be seizedby creditors except in certain special cases.

Upon being apprised that the property subject ofexecution allegedly constitutes petitioner’s familyhome, the trial court should have observed thefollowing procedure:

1. Determine if petitioner’s obligation to respondentfalls under either of the exceptions under Article155 of the Family Code;

2. Make an inquiry into the veracity of petitioner’sclaim that the property was his family home;conduct an ocular inspection of the premises; anexamination of the title; an interview of membersof the community where the alleged family homeis located, in order to determine if petitioneractually resided within the premises of theclaimed family home; order a submission ofphotographs of the premises, depositions, and/oraffidavits of proper individuals/parties; or asolemn examination of the petitioner, his childrenand other witnesses. At the same time, therespondent is given the opportunity to cross-

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examine and present evidence to the contrary;

3. If the property is accordingly found to constitutepetitioner ’s family home, the court shoulddetermine:

a) If the obligation sued upon was contracted orincurred prior to, or after, the effectivity of theFamily Code;

b) If petitioner’s spouse is still alive, as well as ifthere are other beneficiaries of the familyhome;

c) If the petitioner has more than one residencefor the purpose of determining which of them,if any, is his family home; and

d) Its actual location and value, for the purposeof applying the provisions of Articles 157 and160 of the Family Code.

The family home is the dwelling place of a personand his family, a sacred symbol of family love andrepository of cherished memories that last duringone’s lifetime. It is the sanctuary of that union whichthe law declares and protects as a sacred institution;and likewise a shelter for the fruits of that union. It iswhere both can seek refuge and strengthen the tie thatbinds them together and which ultimately forms themoral fabric of our nation. The protection of the familyhome is just as necessary in the preservation of thefamily as a basic social institution, and since no custom,practice or agreement destructive of the family shallbe recognized or given effect, the trial court’s failure toobserve the proper procedures to determine theveracity of petitioner’s allegations, is unjustified.

(Ynares-Santiago, J., Albino Josef v. Otelio Santos, G.R.No. 165060, November 27, 2008.)

CRIMINAL LAWPrescriptive periods for violation of special laws; B.P.Blg. 22 is a special law; interruption of the period

Act No. 3326, appropriately entitled An Act toEstablish Prescription for Violations of Special Acts andMunicipal Ordinances and to Provide When Prescription ShallBegin, is the law applicable to offenses under speciallaws which do not provide their own prescriptiveperiods. The pertinent provisions read:

SECTION 1. Violations penalized by special actsshall, unless otherwise provided in such acts,prescribe in accordance with the following rules:(a) x x x; (b) after four years for those punished

by imprisonment for more than one month, butless than two years; (c) x x x

SEC. 2. Prescription shall begin to run from theday of the commission of the violation of the law,and if the same be not known at the time, fromthe discovery thereof and the institution ofjudicial proceedings for its investigation andpunishment.

The prescription shall be interrupted whenproceedings are instituted against the guiltyperson, and shall begin to run again if theproceedings are dismissed for reasons not

constituting jeopardy.

Act. No. 3326 applies to offenses under B.P. Blg.22. An offense under B.P. Blg. 22 merits the penalty ofimprisonment of not less than 30 days but not morethan one year or by a fine, hence, under Act No. 3326,a violation of B.P. Blg. 22 prescribes in four years fromthe commission of the offense or, if the same be notknown at the time, from the discovery thereof.

It must be pointed out that when Act No. 3326was passed on 4 December 1926, preliminaryinvestigation of criminal offenses was conducted byjustices of the peace, thus, the phraseology in the law,“institution of judicial proceedings for itsinvestigation and punishment,” and the prevailingrule at the time was that once a complaint is filedwith the justice of the peace for preliminaryinvestigation, the prescription of the offense is halted.

The historical perspective on the application ofAct No. 3326 is illuminating. Act No. 3226 wasapproved on 4 December 1926 at a time when thefunction of conducting the preliminary investigationof criminal offenses was vested in the justices of thepeace. Thus, the prevailing rule at the time, as shownin the cases of U.S. v. Lazada and People v. Joson, is thatthe prescription of the offense is tolled once acomplaint is filed with the justice of the peace forpreliminary investigation inasmuch as the filing ofthe complaint signifies the institution of the criminalproceedings against the accused. These cases werefollowed by our declaration in People v. Parao and Paraothat the first step taken in the investigation orexamination of offenses partakes the nature of ajudicial proceeding which suspends the prescriptionof the offense. Subsequently, in People v. Olarte, weheld that the filing of the complaint in the MunicipalCourt, even if it be merely for purposes of preliminaryexamination or investigation, should, and does,interrupt the period of prescription of the criminalresponsibility, even if the court where the complaintor information is filed cannot try the case on the

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merits. In addition, even if the court where thecomplaint or information is filed may only proceed toinvestigate the case, its actuations already representthe initial step of the proceedings against the offender,and hence, the prescriptive period should beinterrupted.

In Ingco v. Sandiganbayan and Sanrio Company Limitedv. Lim, which involved violations of the Anti-Graft andCorrupt Practices Act (R.A. No. 3019) and theIntellectual Property Code (R.A. No. 8293), which areboth special laws, the Court ruled that theprescriptive period is interrupted by the institutionof proceedings for preliminary investigation againstthe accused. In the more recent case of Securities andExchange Commission v. Interport Resources Corporation, etal., the Court ruled that the nature and purpose of theinvestigation conducted by the Securities andExchange Commission on violations of the RevisedSecurities Act, another special law, is equivalent tothe preliminary investigation conducted by the DOJin criminal cases, and thus effectively interrupts theprescriptive period.

(Tinga, J., Luis Panaguiton, Jr. v. Department of Justice,Ramon C. Tongson and Rodrigo G. Cawili, G.R. No.167571, November 25, 2008.)

FFFFFrom the Chancellor’rom the Chancellor’rom the Chancellor’rom the Chancellor’rom the Chancellor’s Desks Desks Desks Desks Desk (Continued from page 1)

A first in our training programs is the use of Filipino in court proceedings. Responding to the proposalof Justice Jose D. De la Rama (ret.) and Judge Cezar C. Peralejo (ret.), Chair and Member of the Committee onLinguistic Concerns, we conducted the first seminar-workshop Sa Paggamit ng Filipino sa Hukuman at theBulacan State University in Malolos, Bulacan. Several Bulacan judges have since confirmed acceptance oftheir respective courts’ designation as pilot courts for the project.

The lecture of Judge Fausto Pocar, former President of the International Criminal Tribunal for the FormerYugoslavia, on Command Responsibility capped the year’s Distinguished Lecture Series. Seminar-workshopson extralegal killings and enforced disappearances continued unrelentingly, backed by development partners.Current issues relating to Intellectual Property Law and Gender Sensitivity in the Judiciary were amongthe many ongoing topics targeted by our Special Focus programs which comprised the bulk of our trainingsfor the period.

We thought we would have less activities in this quarter but the abounding opportunities for judicialeducation in our quest for excellence had to be seized. For the Court’s celebration of Christmas, the Academytook an active part in the Volunteer Outreach Program of the Court.

We wish you – our fellow workers in the Judiciary, our local and international partners, stakeholders,observers and reactors for judicial education that works – all the joy, peace and love of this glorious seasonand a New Year of bountiful blessings. With you all, it was a very good year.

Ameurfina A. Melencio Herrera

Chancellor

CRIMINAL LAW (continued)

The PHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA BulletinPHILJA Bulletin is published quarterly bythe Research, Publications and Linkages Officeof the Philippine Judicial Academy, with office atthe 3rd Floor of the Supreme Court CentennialBuilding, Padre Faura St. cor. Taft Ave., Manila.Telephone No. 552-9524; Telefax No. 552-9621;E-mail address: [email protected];Website address: http://philja.judiciary.gov.ph

JUSTICE AMEURFINA A. MELENCIO HERRERA

Chancellor, Philippine Judicial Academy

PROFESSOR SEDFREY M. CANDELARIA

Editor in Chief

ARMIDA M. SALAZAR

Assistant Editor

ATTY. ORLANDO B. CARIÑO

JOCELYN D. BONDOC

JENIFFER P. SISON

CHRISTINE A. FERRER

MA. INA D. MACARIOLA

Editorial Staff

CHARMAINE C. SALTIVAN

SARAH JANE S. SALAZAR

JOEL F. BALATUCAN

Production and Circulation

EDMUNDO M. MOREDO

LETICIA G. JAVIER

Printing Services

PHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSPHILJA NEWSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSRESOLUTIONS, ORDERS AND CIRCULARSOctober-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008October-December 2008 9

SUPREME COURTRESOLUTION of the COURT En Banc datedSeptember 9, 2008, on A.M. No. 08-8-7-SC

THE RULE OF PROCEDUREFOR SMALL CLAIMS CASES

Acting on the recommendation of the Chairperson,Technical Working Group, Committee on Revision ofthe Rules of Court, submitting for the considerationand approval of the Court the proposed “The Rule ofProcedure for Small Claims Cases,” the Court Resolvedto APPROVE the same.

The Rule shall take effect on October 1, 2008following its publication in two newspapers of generalcirculation.

September 9, 2008.

(Sgd.) PUNO, CJ, QUISUMBING, YNARES-SANTIAGO,CARPIO (on official leave), AUSTRIA-MARTINEZ,CORONA, CARPIO MORALES, AZCUNA, TINGA,CHICO-NAZARIO, VELASCO, JR., NACHURA, REYES,LEONARDO-DE CASTRO, BRION, JJ.

THE RULE OF PROCEDUREFOR SMALL CLAIMS CASES

SECTION 1. Title. – This Rule shall be known as “TheRule of Procedure for Small Claims Cases.”

SEC. 2. Scope. – This Rule shall govern the procedurein actions before the Metropolitan Trial Courts,Municipal Trial Courts in Cities, Municipal TrialCourts and Municipal Circuit Trial Courts for paymentof money where the value of the claim does not exceedOne Hundred Thousand Pesos (P100,000) exclusive ofinterest and costs.

SEC. 3. Definition of Terms. – For purposes of this Rule:

(a) Plaintiff refers to the party who initiated asmall claims action. The term includes adefendant who has filed a counterclaimagainst plaintiff;

(b) Defendant is the party against whom theplaintiff has filed a small claims action. Theterm includes a plaintiff against whom adefendant has filed a claim, or a person whoreplies to the claim;

(c) Person is an individual, corporation,partnership, limited liability partnership,association, or other juridical entityendowed with personality by law;

(d) Individual is a natural person;

(e) Motion means a party’s request, written ororal, to the court for an order or other action.It shall include an informal written requestto the court, such as a letter;

(f) Good cause means circumstances sufficient tojustify the requested order or other action,as determined by the judge; and

(g) Affidavit means a written statement ordeclaration of facts that are sworn oraffirmed to be true.

SEC. 4. Applicability. – The Metropolitan Trial Courts,Municipal Trial Courts in Cities, Municipal TrialCourts, and Municipal Circuit Trial Courts shallapply this Rule in all actions which are: (a) purelycivil in nature where the claim or relief prayed forby the plaintiff is solely for payment orreimbursement of sum of money, and (b) the civilaspect of criminal actions, either filed before theinstitution of the criminal action, or reserved uponthe filing of the criminal action in court, pursuant toRule 111 of the Revised Rules of Criminal Procedure.

These claims or demands may be:

(a) For money owed under any of the following:

1. Contract of Lease;2. Contract of Loan;3. Contract of Services;4. Contract of Sale; or5. Contract of Mortgage;

(b) For damages arising from any of thefollowing:

1. Fault or negligence;2. Quasi-contract; or3. Contract;

(c) The enforcement of a barangay amicablesettlement or an arbitration awardinvolving a money claim covered by thisRule pursuant to Sec. 417 of Republic ActNo. 7160, otherwise known as the LocalGovernment Code of 1991.

SEC. 5. Commencement of Small Claims Action. – Asmall claims action is commenced by filing with thecourt an accomplished and verified Statement ofClaim (Form 1-SCC) in duplicate, accompanied by aCertification of Non-forum Shopping (Form 1-A, SCC),and two duly certified photocopies of the actionabledocument/s subject of the claim, as well as theaffidavits of witnesses and other evidence to supportthe claim. No evidence shall be allowed during the


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hearing which was not attached to or submittedtogether with the Claim, unless good cause is shownfor the admission of additional evidence.

No formal pleading, other than the Statement ofClaim described in this Rule, is necessary to initiatea small claims action.

SEC. 6. Joinder of Claims. – Plaintiff may join in asingle statement of claim one or more separate smallclaims against a defendant provided that the totalamount claimed, exclusive of interest and costs, doesnot exceed P100,000.

SEC. 7. Affidavits. – The affidavits submitted underthis Rule shall state only facts of direct personalknowledge of the affiants which are admissible inevidence.

A violation of this requirement shall subject theparty, and the counsel who assisted the party in thepreparation of the affidavits, if any, to appropriatedisciplinary action. The inadmissible affidavit(s) orportion(s) thereof shall be expunged from the record.

SEC. 8. Payment of Filing Fees. – The plaintiff shallpay the docket and other legal fees prescribed underRule 141 of the Revised Rules of Court, unless allowedto litigate as an indigent.

A claim filed with a motion to sue as indigent(Form 6-SCC) shall be referred to the Executive Judgefor immediate action in case of multi-sala courts, orto the Presiding Judge of the court hearing the smallclaims case. If the motion is granted by the ExecutiveJudge, the case shall be raffled off or assigned to thecourt designated to hear small claims cases. If themotion is denied, the plaintiff shall be given fivedays within which to pay the docket fees, otherwise,the case shall be dismissed without prejudice. In nocase shall a party, even if declared an indigent, beexempt from the payment of the P1,000 fee for serviceof summons and processes in civil cases.

SEC. 9. Dismissal of the Claim. – After the courtdetermines that the case falls under this Rule, itmay, from an examination of the allegations of theStatement of Claim and such evidence attachedthereto, by itself, dismiss the case outright on any ofthe grounds apparent from the Claim for thedismissal of a civil action.

SEC. 10. Summons and Notice of Hearing. – If no groundfor dismissal is found, the court shall forthwith issueSummons (Form 2-SCC) on the day of receipt of theStatement of Claim, directing the defendant tosubmit a verified Response.

The court shall also issue a Notice (Form 4-SCC)

to both parties, directing them to appear before it ona specific date and time for hearing, with a warningthat no unjustified postponement shall be allowed,as provided in Section 19 of this Rule.

The summons and notice to be served on thedefendant shall be accompanied by a copy of theStatement of Claim and documents submitted byplaintiff, and a copy of the Response (Form 3-SCC) tobe accomplished by the defendant. The Notice shallcontain an express prohibition against the filing ofa motion to dismiss or any other motion underSection 14 of this Rule.

SEC. 11. Response. – The defendant shall file with thecourt and serve on the plaintiff a duly accomplishedand verified Response within a non-extendibleperiod of 10 days from receipt of summons. TheResponse shall be accompanied by certifiedphotocopies of documents, as well as affidavits ofwitnesses and other evidence in support thereof.No evidence shall be allowed during the hearingwhich was not attached to or submitted togetherwith the Response, unless good cause is shown forthe admission of additional evidence.

SEC. 12. Effect of Failure to File Response. – Shouldthe defendant fail to file his Response within therequired period, the court by itself shall renderjudgment as may be warranted by the facts allegedin the Statement of Claim limited to what is prayedfor. The court however, may, in its discretion, reducethe amount of damages for being excessive orunconscionable.

SEC. 13. Counterclaims Within the Coverage of thisRule. – If at the time the action is commenced, thedefendant possesses a claim against the plaintiff that(a) is within the coverage of this Rule, exclusive ofinterest and costs; (b) arises out of the sametransaction or event that is the subject matter of theplaintiff ’s claim; (c) does not require for itsadjudication the joinder of third parties; and (d) isnot the subject of another pending action, the claimshall be filed as a counterclaim in the Response;otherwise, the defendant shall be barred from suiton the counterclaim.

The defendant may also elect to file acounterclaim against the plaintiff that does not ariseout of the same transaction or occurrence, providedthat the amount and nature thereof are within thecoverage of this Rule and the prescribed docket andother legal fees are paid.

SEC. 14. Prohibited Pleadings and Motions. – Thefollowing pleadings, motions, or petitions shall not

RESOLUTION on A.M. No. 08-8-7-SC (continued)


be allowed in the cases covered by this Rule:

(a) Motion to dismiss the complaint excepton the ground of lack of jurisdiction;

(b) Motion for a bill of particulars;

(c) Motion for new trial, or forreconsideration of a judgment, or forreopening of trial;

(d) Petition for relief from judgment;

(e) Motion for extension of time to filepleadings, affidavits, or any other paper;

(f) Memoranda;

(g) Petition for certiorari, mandamus, orprohibition against any interlocutoryorder issued by the court;

(h) Motion to declare the defendant indefault;

(i) Dilatory motions for postponement;

(j) Reply;

(k) Third-party complaints; and

(l) Interventions.

SEC. 15. Availability of Forms; Assistance by CourtPersonnel. – The Clerk of Court or other courtpersonnel shall provide such assistance as may berequested by a plaintiff or a defendant regarding theavailability of forms and other information aboutthe coverage, requirements as well as procedure forsmall claims cases.

SEC. 16. Appearance. – The parties shall appear at thedesignated date of hearing personally or through arepresentative authorized under a Special Power ofAttorney (Form 5-SCC) to enter into an amicablesettlement, to submit to Judicial Dispute Resolution(JDR) and to enter into stipulations or admissions offacts and of documentary exhibits.

SEC. 17. Appearance of Attorneys Not Allowed. – Noattorney shall appear in behalf of or represent aparty at the hearing, unless the attorney is theplaintiff or defendant.

If the court determines that a party cannotproperly present his/her claim or defense and needsassistance, the court may, in its discretion, allowanother individual who is not an attorney to assistthat party upon the latter’s consent.

SEC. 18. Non-appearance of Parties. – Failure of theplaintiff to appear shall be cause for the dismissal of

the claim without prejudice. The defendant whoappears shall be entitled to judgment on a permissivecounterclaim.

Failure of the defendant to appear shall have thesame effect as failure to file a Response under Section12 of this Rule. This shall not apply where one of twoor more defendants who are sued under a commoncause of action and have pleaded a common defenseappears at the hearing.

Failure of both parties to appear shall cause thedismissal with prejudice of both the claim andcounterclaim.

SEC. 19. Postponement When Allowed. – A request forpostponement of a hearing may be granted onlyupon proof of the physical inability of the party toappear before the court on the scheduled date andtime. A party may avail of only one postponement.

SEC. 20. Duty of the Court. – At the beginning of thecourt session, the judge shall read aloud a shortstatement explaining the nature, purpose and therule of procedure of small claims cases.

SEC. 21. Judicial Dispute Resolution. – At the hearing,the judge shall conduct Judicial Dispute Resolution(JDR) through mediation, conciliation, early neutralevaluation, or any other mode of JDR. Any settlementor resolution of the dispute shall be reduced intowriting (Form 7-SCC), signed by the parties andsubmitted to the court for approval.

SEC. 22. Failure of JDR. – If JDR fails and the partiesagree in writing (Form 10-SCC) that the hearing ofthe case shall be presided over by the judge whoconducted the JDR, the hearing shall so proceed inan informal and expeditious manner and terminatedwithin one day.

Absent such agreement, (a) in case of a multi-sala court, the case shall, on the same day, betransmitted (Form 11-SCC) to the Office of the Clerkof Court for immediate referral by the ExecutiveJudge to the pairing judge for hearing and decisionwithin five working days from referral; and (b) incase of a single sala court, the pairing judge shallhear and decide the case in the court of origin withinfive working days from referral by the JDR judge.

SEC. 23. Decision. – After the hearing, the court shallrender its decision on the same day, based on thefacts established by the evidence (Form 13-SCC). Thedecision shall immediately be entered by the Clerkof Court in the court docket for civil cases and a copythereof forthwith served on the parties.

The decision shall be final and unappealable.




RESOLUTION of the COURT En Banc dated October14, 2008, on A.M. No. 07-3-02-SC

RE: GUIDELINES ON THE JAIL VISITATION ANDINSPECTION

In view of the need to adopt a uniform procedurein the conduct of jail visitation and inspection as wellas in the submission of the required reports inconnection therewith, the following guidelines arehereby adopted:

SECTION 1. Objectives. – Jail visitation and inspectionshall be undertaken to:

1. Facilitate the expeditious resolution and/ordisposition of criminal cases involving adultprisoners/detainees and children in conflictwith the law;

2. Prevent or eliminate illegal or unnecessarydetention; and

3. Ensure the promotion and protection of thedignity and well-being of adult prisoners/detainees and children in conflict with thelaw.

SEC. 2. Who shall conduct jail visitation and inspection;Frequency thereof. – Presiding judges and executivejudges, accompanied by their staff members, shallconduct personally once a month the jail visitationand inspection.

(a) Presiding Judges – The presiding judges of thefirst and second level courts shall conductpersonally once a month the visitation andinspection of adult prisoners/detainees andchildren in conflict with the law whose casesare pending before their respective courts.

(b) Executive Judges – The executive judges ofsecond level courts and multi-sala first levelcourts shall conduct personally once a monththe visitation and inspection of provincial,city, and municipal jails as well as otherdetention centers within their respectivejurisdictions. Executive judges of second levelcourts shall likewise conduct personally oncea month the visitation and inspection of youthdetention homes and youth rehabilitationcenters within their respective jurisdictions.

(c) Accompanying Staff – Executive judges andpresiding judges may direct not more thantwo of their staff members to accompany andassist them in the conduct of the monthly jailvisitation and inspection. In no case, however,must the staff members be allowed to conductsuch visitation and inspection themselveswithout the executive judge or the presidingjudge, except in cases provided for underSection 6 hereof.

SEC. 3. Duties and Responsibilities of Presiding Judges;Reports to be Submitted. – Presiding Judges shallperform the following duties and responsibilities:

1. In the course of the jail visitation andinspection, they shall:

(a) determine the number of adult prisoners/detainees and children in conflict withthe law whose cases are pending beforetheir courts;

(b) list the (i) names; (ii) case number; (iii)crime charged; (iv) duration of detention;(v) status of the case; and (vi) otherpertinent information on the adultprisoners/detainees and children inconflict with the law;

(c) inquire into the health condition of adultprisoners/detainees and children inconflict with the law;

(d) determine whether or not the right of theaccused and counsel to conduct privateconsultations is being observed; and

(e) avert acts of harassment against lawyers,such as being photographed andfingerprinted during interviews.

2. They shall submit a monthly report on theirjail visitation and inspection to their executivejudges within 10 days from such visitationand inspection, indicating therein, amongothers, any information or circumstances

SEC. 24. Execution. – If the decision is rendered infavor of the plaintiff, execution shall issue uponmotion (Form 9-SCC).

SEC. 25. Applicability of the Rules of Civil Procedure.– The Rules of Civil Procedure shall applysuppletorily insofar as they are not inconsistent withthis Rule.

SEC. 26. Effectivity. – This Rule shall take effect onOctober 1, 2008 for the pilot courts designated toapply the procedure for small claims cases followingits publication in two newspapers of generalcirculation.



necessitating immediate action, and anyrecommendation for action thereon either bythe executive judge or the Office of the CourtAdministrator (OCA).

3. They shall take immediate action on (a) theconditions inimical to the physical and mentalhealth, safety, and well-being of adultprisoners/detainees and children in conflictwith the law; and (b) urgent matters withintheir competence without the need of theintervention of the Executive Judge.

All the foregoing provisions shall also apply toany presiding judge who is assigned/designated onfull detail to another court as acting presiding judgethereat.

SEC. 4. Contents of the Monthly Report of PresidingJudges for Submission to the Executive Judges. – Themonthly report (Jail Visitation Form No. 1) of presidingjudges shall include the following information:

(a) Number of adult prisoners/detainees andchildren in conflict with the law whose casesare pending before their courts;

(b) The (i) name; (ii) case number; (iii) duration ofdetention; (iv) crime charged; (v) status of thecase; and (vi) other pertinent information onthe adult prisoners/detainees, and thechildren in conflict with the law; and

(c) Any problems or circumstances affecting thesafety, health condition and interest of theadult prisoners/detainees, and the children inconflict with the law, and any action takenthereon.

SEC. 5. Certification. – The presiding judges shallcertify under oath that they personally conductedthe monthly jail visitation and inspection and thatthe entries in the report are true and correct. Thereport shall be subscribed and sworn to by thepresiding judge before the executive judge or viceexecutive judge; or in case of the unavailability ofboth, before the presiding judge of the station nearestto his/her court. Should the distance or available modeof transportation be such as to make it impracticableto swear before the aforesaid judges, the declarationunder oath may be made before a public prosecutoror a notary public, in this order.

SEC. 6. Jail Visitation and Inspection of Acting PresidingJudges. – Acting Presiding Judges in vacant courtsshall likewise undertake personally once a month thevisitation and inspection of adult prisoners/detaineesand children in conflict with the law whose cases arepending before their additional court assignments inaccordance with Section 3 hereof. In the case of actingpresiding judges who are assigned two or more courtsin addition to their regular courts, they may delegatethe monthly jail visitation and inspection to the clerkof court of their respective additional courtassignments. The clerk of court may be accompaniedby not more than two court personnel to assist in theconduct of the monthly visitation and inspection.

The clerk of court and the court personnel shallconduct the monthly jail visitation and inspection inaccordance with Section 3 hereof. The clerk of courtshall submit the required monthly report, bearingthe conformity of the acting presiding judge, to theexecutive judge within 10 days from such visitationand inspection.

SEC. 7. Duties and Responsibilities of Executive Judges;Reports to be Submitted. – Executive Judges shallperform the following duties and responsibilities:

1. In the course of the jail visitation andinspection, they shall:

(a) Inquire into the condition of the facilitiesand services of provincial, city andmunicipal jails, youth detention homesand youth rehabilitation centers as wellas other detention centers within theirrespective jurisdictions, such as but notlimited to space/capacity, sanitaryfacilities, ventilation, food, medicines,access to doctors, visiting hours andvisitors allowed;

(b) order the segregation of (i) sexes; and (ii)minors from adult detainees; and




(c) determine practices disadvantageous toadult prisoners/detainees and children inconflict with the law, if any.

2. They shall ensure that presiding judges of thefirst and second level courts under theirsupervision shall (a) personally visit andinspect at least once a month the condition ofadult prisoners/detainees and children inconflict with the law whose cases are pendingbefore their respective courts; and (b) submitto them monthly reports on their jailvisitation.

3. They shall submit a compliance report everyquarter, indicating the names of judges whodo not (a) conduct jail visitation andinspection regularly; and/or (b) submit therequired monthly report. Such compliancereport shall be submitted to the CourtManagement Office, OCA, not later than thefirst 15 days after the last day of every quarter.

4. They shall require jail wardens and heads ofyouth detention homes and youthrehabilitation centers to submit to their officea monthly report on the number of adultprisoners/detainees and children in conflictwith the law whose cases are pending beforethe courts under their jurisdiction, preferablyby branch. They shall reconcile anydiscrepancy or conflict between the datareflected in the inventory reports submittedby the presiding judge and the jail warden orhead of the youth detention center or youthrehabilitation center.

SEC. 8. Contents of the Compliance Report of ExecutiveJudges for Submission to the OCA. – The compliancereport (Jail Visitation Form No. 2) shall contain the namesof judges who do not conduct the jail visitation andinspection regularly and/or do not submit the requiredmonthly report, and the months correspondingthereto, as well as the action/s taken thereon, if any.

The compliance report shall have a jail profilewhich shall include, but shall not be limited to, thefollowing information:

(a) Perceived or reported instances of harassmentof adult prisoners/detainees and children inconflict with the law, and their counsels, suchas but not limited to the deprivation of theirright to hold private consultations with theircounsels;

(b) Jail practices inimical to the health and safetyof the adult prisoners/detainees and children

in conflict with the law;

(c) Factual observations on the accommodations,jail amenities, health condition, space/capacity, sanitary facilities, ventilation, food,medicines, access to doctors, visiting hoursand visitors allowed of the adult prisoners/detainees and children in conflict with thelaw; and

(d) Action/s taken on any relevant problem orconcern discovered or reported during thejail visitation and inspection.



ADMINISTRATIVE ORDER NO. 170 -2008

TO: ALL PRESIDING JUSTICES AND CLERKS OFCOURT OF THE COURT OF APPEALS,SANDIGANBAYAN, AND COURT OF TAXAPPEALS AND ALL JUDGES AND CLERKS COURTOF THE REGIONAL TRIAL COURTS, SHARI’ADISTRICT COURTS, METROPOLITAN TRIALCOURTS, MUNICIPAL TRIAL COURTS IN CITIES,MUNICIPAL TRIAL COURTS, MUNICIPALCIRCUIT TRIAL COURTS AND SHARI’A CIRCUITCOURTS.

SUBJECT: REVISED GUIDELINES IN THEDISPOSAL AND/OR DESTRUCTION OF COURTRECORDS, PAPERS AND EXHIBITS


SEC. 9. Certification. – The executive judges shall certifyunder oath that they personally conducted themonthly jail visitation and inspection and that theentries in the report are true and correct. The reportshall be subscribed and sworn to by the executivejudge concerned before his vice-executive judge/s, ifany or in case of his/her/their unavailability, beforethe presiding judge of the station nearest to his/hercourt. Should the distance or available mode oftransportation be such as to make it impracticable toswear before the aforesaid judges, the declarationunder oath may be done before a public prosecutor ora notary public, in this order.

SEC. 10. Duties and Responsibilities of Executive Judgesas Presiding and/or Acting Judges. – Executive judges,in their capacity as presiding and/or acting judges oftheir official stations and other court assignments,respectively, shall perform the duties andresponsibilities enumerated under Sections 3, 4, 5 and6 of the Resolution.

SEC. 11. Prescribed Forms. – The attached Jail VisitationForm Nos. 1 and 2, which are integral parts of thisResolution, shall be the official forms for the monthlyreport and compliance report, respectively. The formsshall in no manner be revised, altered or modified.

SEC. 12. Sanctions. – Failure of executive judges/presiding judges/acting judges to conduct personallythe jail visitation and inspection once a month and/orto submit complete and accurate reports, as required,within the prescribed period shall warrant thewithholding of their salaries without prejudice towhatever administrative sanctions the Supreme Courtmay impose on them or criminal action which may befiled against them.

SEC. 13. Repealing Clause. – This Resolution modifiesand amends Section 25, Rule 114 of the Revised Ruleson Criminal Procedure; Sections 2 and 3, Chapter X ofthe Guidelines on the Selection and Appointment ofExecutive Judges and Defining their Powers,Prerogatives and Duties (A.M. No. 03-8-02-SC); OCACirculars No. 3-2002 dated May 2, 2002 and No. 05-2004 dated January 12, 2004 (re: Administrative MatterNo. 02-1-02 dated 29 January 2002); and provisions ofother Court issuances inconsistent herewith.

SEC. 14. Effectivity. – This Resolution shall take effectimmediately.

October 14, 2008.

1. The court records, papers and exhibitssubject of the disposal and/or destructionmust pertain to cases terminated for at leastseven years, EXCEPT the following, whichshall remain in the office storage of everycourt, to wit:

(a) Naturalization cases;

(b) Big land cases;

(c) Precedent-setting cases without recordsin the Supreme Court;

(d) Death Penalty cases; and

(e) Criminal cases where the Board ofPardons and Parole may require certaindocuments, important court exhibits,extended resolutions resolving motionsfor reconsideration, and the like.

The phrase “court records, papers andexhibits” refers to basic pleadings and varioussupporting papers, documents and exhibitsattached to the expediente or rollo but do notcover decisions of terminated cases. Decisionsmust still be maintained in the archives ofthe respective courts. In addition, a duplicateoriginal copy of each decision must be sent tothe Supreme Court Library to preserverepositorial value of judicial statements setforth therein;

2. After the last day of the retention period, arequest for the disposal and/or destruction ofcourt records, papers, and exhibits shall befiled with the Office of the CourtAdministrator, using the prescribed form(Form 1). The request shall be acted upon bythe Court Administrator within 30 days fromreceipt hereof;



3. The Court Administrator shall seek anauthority from the Executive Director,National Archives of the Philippines (NAP)using the prescribed NAP Forms 3-5 incompliance with Section 18 of Article III andArticle 46 of Rule 30 of the Republic Act No.9470 and its Implementing Rules andRegulations, respectively;

4. The Court Administrator shall inform therequesting lower court about the approvedauthority obtained from the NAP 10 daysfrom notice;

5. Notices of the intention to dispose of and/ordestroy court records, papers and exhibitsmust be posted for at least 30 days from thedate of receipt of notice from the Office of theCourt Administrator relative to the approvedauthority secured from NAP, at the mainentrances of three conspicuous public placessuch as the Hall of Justice, Provincial Capitol,City or Municipal Hall, and the Post Office;

6. Corresponding notices relative to suchdisposal and/or destruction of court records,

papers, and exhibits shall be sent to the partiesand/or counsel of record who may wish to retrievedocuments/evidence from said court records atleast 30 days prior to the date of actual disposaland/ or destruction;

7. The disposal and/or destruction must be carriedout after the expiration of 30 days as provided inthe preceding paragraph, and shall be undertakenby selling or burning the court records, papersand exhibits, or by some other practicablemanner;

8. The sale or burning shall be conducted in thepresence of the Presiding Justice/Executive Judge/Presiding Judge, the Clerk of Court and theRepresentatives from the National Archives of thePhilippines (NAP) and Commission on Audit(COA). Thereafter, the concerned representativesmust be furnished with the approved Certificateof Disposal of Records (NAP Form 5) and itsaccompanying Request for Authority to Disposeof Records (NAP Form 3) and Records ManagementAnalysis Report (NAP Form 4);

A.O. NO. 170-2008 (continued)

FORM NO. 1

REQUEST FOR THE DISPOSAL AND/OR DESTRUCTIONOFCOURT RECORDS, PAPERS AND EXHIBITS

Date ________________________

Hon. ___________________________

Court Administrator

Office of the Court Administrator

Sir:

Respectfully requesting for the disposal and/or destruction of records, papers and/or

exhibits in the following cases listed below”

Case

Number

Court

Records/Exhibits/Papers

Description

No. of

Pages

Date of

Entry of

Judgment

Reason for Disposal

A duplicate original copy of decision for every case covered by this request has been sent

to the Supreme Court Library on _________________________________.

Respectfully yours,

_______________________________

Clerk of Court

RECOMMENDING APPROVAL:

_____________________________________________

Presiding Justice/Executive Judge/Presiding Judge

NAP Form 3

___________________________________

Address

__________________

Date

The Executive Director

National Archives of the Philippines

National Library Building

T.M. Kalaw Street

Ermita, Manila

Subject: REQUEST FOR AUTHORITY TO DISPOSE OF RECORDS

Sir:

Please authorize the disposal of the records listed below.

Item No. Records Series and Description Period Covered

Prepared by: Position:

Location of Records: Volume in Cubic Meters:

The above mentioned records are no longer needed by this Office and that they are not

involved or connected in any administrative or judicial cases.

Very truly yours,

Agency Head or his duly authorized representative

Position


NAP Form 4

RECORDS MANAGEMENT ANALYSIS REPORT

1. Agency 2. Address

3. Location of Records: 4. Total Volume in Cube Meters:

5. Findings and Recommendations:

6. Evaluated by: 7. Position: 8. Date:

9. Noted by: 10. Position 11. Date:

NAP Form 5

CERTIFICATE OF DISPOSAL OF RECORDS

1. Agency: 2. Address: 3. Location of Records:

4. Item No. 5. Records Series Title and Description 6. Period Covered

7. Total Volume in Cube Meters: 8. Total Weight in Kilos:

9. CERTIFICATION:

To Whom It May Concern:

We certify that the above mentioned records have been disposed of by way of sale

burning sale after shredding at ____________________, on ______________ in our presence.

10. N.A.P. 11. C.O.A 12. Agency

Official Receipt No. Date of Payment: Amount Paid Buyer’s Signature:

A.O. NO. 170-2008 (continued)

9. The Clerk of Court shall issue thecorresponding official receipt to the buyer ofthe disposed court records, papers, orexhibits, and the amount collected thereforshall be recorded in a separate report ofcollection specifying the nature of the income;

10. The Clerk of Court shall remit to the JudiciaryDevelopment Fund the proceeds from the saleunder a separate Remittance Advice to thecredit of the court involved with notice ofsuch remittance furnished the Office of theCourt Administrator;

11. Within 30 days after the disposal and/ordestruction of court records, papers, andexhibits in accordance with the precedingprocedures, the Clerk of Court shall prepare aDisposal Report with attachments asmentioned in paragraph 8 duly noted by thePresiding Justice/Executive Judge/PresidingJudge, and submit the same to the Office ofthe Court Administrator;

12. The Disposal Report must specify the: (a) courtrecords, papers, and exhibits disposed of and/or destroyed, (b) compliance with the basicrequirements for the disposal and/ordestruction of said court records, papers, andexhibits, and (c) facts concerning theexhaustive efforts by the court concerned tonotify the parties and/or counsel of recordsas prescribed in paragraph 6 hereof; and

13. Non-submission of the Disposal report shallbe subject to administrative sanctions as theCourt may appropriately impose.

The provisions of this Administrative Ordershall not be applicable to court records, papers,and exhibits where there is a specific lawproviding the disposal and/or destruction thereof.

Strict observance of the above rules/procedures is hereby enjoined.

This Administrative Order amends orotherwise supersedes Administrative Order No.120-2007 dated July 25, 2007, and such otherorders, circulars and other issuances inconsistentherewith.

November 11, 2008.

(Sgd.) REYNATO S. PUNO Chief Justice


ADMINISTRATIVE CIRCULAR NO. 127-2008

REVISED GRIEVANCE MACHINERY FOR THELOWER COURTS

In line with the Revised Policies on the Settlementof Grievances in the Public Sector, enunciated underCSC Resolution No. 010113 and CSC MemorandumCircular No. 02, series of 2001, and adopted in OCACircular No. 03-2006, the Revised GrievanceMachinery for the Lower Courts is hereby institutedfor implementation by all concerned.

I. Objectives

a. To promote harmony in the workplace andthereby foster the productivity of lower courtofficials and employees for the improvementof the service;

b. To create a work atmosphere conducive togood supervisor-employee relations andimproved employee morale;

c. To settle grievances at the lowest levelpossible in the organization;

d. To serve as a catalyst for the development ofcapabilities of personnel on disputesettlement, especially among supervisors inthe lower courts; and

e. To formalize the existing informal system ofsettling grievances in the lower courts.

II. Policies

a. A grievance shall be resolved expeditiously atall times at the lowest level possible in theagency. However, if not settled at the lowestlevel, an aggrieved party shall present hisgrievance step by step following the hierarchyof positions.

b. The aggrieved party shall be assured freedomfrom coercion, discrimination, reprisal andbiased action on the grievance.

c. Grievance proceedings shall not be bound bylegal rules and technicalities. Even verbalgrievance must be acted upon expeditiously.The services of a legal counsel shall not beallowed.

III. Scope

The Revised Grievance Machinery for theLower Courts applies to all officials and employeesof the Regional Trial Courts, Shari’a District Courts,Metropolitan Trial Courts, Municipal Trial Courtsin Cities, Municipal Trial Courts, Municipal CircuitTrial Courts, and Shari’a Circuit Courts.

IV. Definition of Terms

a. Bilis Aksyon Partner – is the counterpartAction Officer of the Civil Service Commissionunder the Mamamayan Muna Program inevery agency pursuant to CSC MC No. 3, s.1994.

b. First level position – refers to a position whichdoes not require professional Civil Serviceeligibility.

c. Grievance – a work related discontentmentor dissatisfaction which had been expressedverbally or in writing and which, in theaggrieved employee’s opinion, has beenignored or dropped without dueconsideration.

d. Grievance Machinery – a system or methodof determining and finding the best way toaddress the specific cause or causes of agrievance.

e. Higher Supervisor – refers to the Clerk ofCourt of a multiple sala trial court or thePresiding Judge other than the ExecutiveJudge.

f. Immediate Supervisor – pertains to:

f.1. the clerk of court/officer-in-charge in asingle-sala trial court;

f.2. the branch clerk of court/officer-in-chargein a branch of a multiple-sala trialcourt;and

f.3. the chief of a unit or the clerk of court/officer-in-charge in the Office of the Clerkof Court of a mulitple-sala trial court.

g. Second level position – refers to a positionthat requires professional Civil Serviceeligibility, and completion of at least four yearcourse leading to a Bachelor’s Degree.

V. Coverage

The following cases shall be acted uponthrough the grievance machinery:

a. Non-implementation of policies, practices andprocedures on economic and financial issuesand other terms and conditions ofemployment fixed by law including salaries,incentives, working hours, leave benefits, andother related terms and conditions;

b. Non-implementation of policies, practices andprocedures which affect employees from


A.C. NO. 127-2008 (continued)

recruitment to promotion, detail, transfer,retirement, termination, lay-offs, and otherrelated issues;

c. Physical working conditions;

d. Interpersonal relationships and linkages;

e. Dissatisfaction concerning applications,indorsements and recommendations forpromotion;

f. All other matters giving rise to employeedissatisfaction and discontentment outside ofthose cases enumerated above.

The following cases shall not be acted uponthrough the grievance machinery:

a. Disciplinary cases which shall be resolvedpursuant to the Uniform Rules onAdministrative Cases;

b. Sexual harassment cases as provided for inR.A. No. 7877;

c. Employees Associations’ issues and concerns;and

d. Issues involving selection and qualificationsof an appointee which are within theauthority of the Selection and PromotionsBoard to resolve.

VI. OCA Grievance Committee for the LowerCourts

There shall be an OCA Grievance Committeefor the Lower Courts (OCA-GCLC) shall becomposed of:

Chairperson:designated Assistant Court Administrator

Vice-Chairperson:chosen from among the members

Members:One representative from the:- Office of the Court Administrator- Office of the Deputy Court

Administrator 1- Office of the Deputy Court

Administrator 2- Office of the Deputy Court

Administrator 3- Office of the Assistant Court

Administrator- Office of Administrative Services, OCA- Legal Office, OCA- Financial Management Office, OCA- Designated Bilis Aksyon Partner

- Philippine Association of CourtEmployees- First Level Position- Second Level Position

Recorder-Secretary:Designated by the Chairperson

Asst. Recorder Secretary:Designated by the Chairperson

The Court Administrator shall designate theChairperson and the members of the Committee.

The OCA-GCLC is the appellate body of allunresolved grievances between or among lowercourt officials and employees. To this end, it shallformulate internal policies, procedures, guidelinesand strategies for submission to and approval bythe Supreme Court En Banc.

VII.Grievance Committee in the Lower Courts

There shall be an Employee GrievanceCommittee (EGC) for multiple and single salacourts with the following composition:

A. Multiple Sala Courts

A.1. Second Level Courts

A.1.a. For multiple sala courts with threeor more branches

Chairman - Incumbent ExecutiveJudge of the multiple sala court

Vice Chairman - Incumbent First ViceExecutive Judge of the multiple salacourt

Members (2) - One PACErepresentative each from the firstand second level positions, or in theabsence of a PACE representative, arepresentative duly elected by themajority of the employees of thecourt concerned.

In case of: (1) the prolongedabsence (30 days or more) of theVice Chairman, or (2) where he hasto sit as Acting Chairman, or (3)where the grievance is against him,the Acting Vice Chairman shall beselected in the following order:

· the Second Vice ExecutiveJudge;



· the Third Vice Executive Judge,in the absence of the Second ViceExecutive Judge;

· the most senior (in terms ofservice in the Judiciary)Presiding Judge of the multiplesala court.

In case the grievance is againstthe regular Vice Chairman, theActing Vice Chairman shall sit assuch until the termination/resolution of the grievance.

In case of prolonged absence ofthe regular Vice Chairman, theActing Vice Chairman shall sit assuch until the termination/resolution of grievances where hetook part in the deliberations.

A.1.b. Multiple sala second level courtswith only two branches

The EGC composition for thesecourts shall be the same as thecomposition of the EGC under A.1.a.However, the Vice Chairman shallbe the Presiding Judge of theremaining branch.

In case of: (1) the prolongedabsence (30 days or more) of the ViceChairman, or (2) where he has to sitas Acting Chairman, or (3) wherethe grievance is against him, theChairman shall designate as ActingVice Chairman any one of thePresiding Judges of the first levelcourts within his administrativesupervision.

A.2.First Level Courts

A.2.a. Multiple sala first level courts withdesignated Vice Executive Judges

The composition of the EGC forthese courts shall follow thecomposition under A.1.a.

In case of: (1) the prolongedabsence (30 days or more) of the ViceChairman, or (2) where he has to sitas Acting Chairman, or (3) wherethe grievance is against him, thesame procedure in designating anActing Vice Chairman as providedfor under A.1.a shall apply.

A.2.b. Multiple sala first level courts withno designated Vice Executive Judge

The composition of the EGC forthese courts shall follow thecomposition under A.1.a. However,the Vice Chairman shall be the mostsenior Presiding Judge (in terms ofservice in the Judiciary) fromamong the remaining branches.

A.2.c. MeTC and MTCC with only twobranches

The composition of the EGC forthese courts shall follow thecomposition under A.2.b.

In case of: (1) the prolongedabsence (30 days or more) of theVice Chairman, or (2) where he hasto sit as Acting Chairman, or (3)where the grievance is against him,the Branch Clerk of Court of hisbranch shall act as Vice Chairman.

A.2.d. Multiple sala MTCs

The composition of the EGC forthese courts shall be as follows:

Chairman - most senior (in terms ofservice in the Judiciary) PresidingJudge

Vice Chairman - next most seniorPresiding Judge

Members (2) - One PACErepresentative each from the firstand second level positions, or in theabsence of a PACE representative, arepresentative duly elected by themajority of the employees of thecourt concerned.

However, in the event that anExecutive Judge is designated, theExecutive Judge shall automaticallybe the Chairman. The most seniorof the remaining Presiding Judgesshall be the Vice Chairman.

In case of: (1) prolonged absence(30 days or more) of the ViceChairman, or where the grievanceis against him, the procedure underA.2.b (for MTCs with three or morebranches) or A.2.c. (for MTCs with



only two branches) shall apply.

B. Single Sala Courts

B.l. Second Level Single Sala Courts

Chairman - Incumbent Executive Judge ofthe RTC single sala court

Vice Chairman - Anyone of the PresidingJudges in the first level courts within theadministrative supervision of theExecutive Judge of the RTC single salacourt as designated by such ExecutiveJudge

Members (2) - One PACE representative eachfrom the first and second level positions,or in the absence of a PACE representative,a representative duly elected by themajority of the employees of the courtconcerned.

Where the grievance is against theVice Chairman, the RTC Executive Judgeshall designate any judge from the firstlevel courts within his administrativesupervision to act as Vice Chairman forthat particular grievance.

B.2. First Level Single Sala Courts

Single sala first level courts shall beclustered with the EGC of the RegionalTrial Court exercising administrativesupervision over the concerned first levelcourts.

However, in the event that it wouldbe quite burdensome on the part of any ofthe parties to personally seek resolutionof their grievance, they may file theirgrievance in writing with the EGC of thenearest and most accessible RTC.

C. Shari’a District/Circuit Courts

Chairman - Presiding Judge of the Shari’aDistrict Court

Vice Chairman - Any one of the Presiding Judgesof the Shari’a Circuit Courts within theadministrative supervision of the EGCChairman

Members (2) - One representative each from thefirst and second level positions, selected by amajority of the employees of the courtconcerned.

The Executive Judge shall constitute the

EGC within 15 working days from approval ofthe OCA Grievance Machinery for the LowerCourts.

A report on the compliance with thisprovision shall be submitted by the ExecutiveJudges within 10 days from the constitution oftheir respective EGCs.

VIII. Procedure

The procedure for seeking redress ofgrievances shall be as follows:

All grievances at the first instance may bepresented either verbally or in writing, in linewith the objective of settling grievances at thelowest possible level. The immediate supervisorto whom the grievance is presented shall rendera written report on the action taken thereon. Acopy of the report shall be filed with the EGC ofthe station for record purposes.

Upon appeal, however, a grievance shallalways be presented in writing.

A. Grievance of Parties Within the Same Branch/Office

A.1. Discussion with Immediate Supervisor

At the first instance, a grievanceshall be presented verbally or in writingby the aggrieved party to his immediatesupervisor.

The immediate supervisor may callthe party against whom the grievance isdirected; or schedule an immediateconference between the parties; orperform such other acts that will mostexpeditiously deal with the grievancepresented.

The immediate supervisor shallinform the aggrieved party of thecorresponding action within threeworking days from the date ofpresentation.

A.2. Appeal to the Higher Supervisor

If the aggrieved party is not satisfiedwith the decision, he may submit thegrievance in writing within fiveworking days to the next highersupervisor who shall render his writtendecision within five working days fromreceipt of the grievance.



The Higher Supervisor may call theparties to discuss the problem/spresented, or perform such other actsthat will expeditiously dispose of or solvethe grievance.

A.3. Absence of Immediate Supervisor

In the absence of the immediatesupervisor in items A and B, the OIC/Pairing/Acting Judge shall act on thegrievance.

B. Grievance of Parties Belonging to DifferentBranches/Offices

B.l. Discussion with the ImmediateSupervisor of the respondent

Whenever the parties involvedbelong to different offices, the grievanceshall be presented either verbally or inwriting to the immediate supervisor ofthe respondent.

The immediate supervisor may callthe party against whom the grievance isdirected; or schedule an immediateconference between the aggrieved partyand the party against whom thegrievance is directed; or perform suchother acts that will most expeditiouslydeal with the grievance presented.

Such grievance shall be resolved bythe immediate supervisor within fiveworking days from date of filing.

B.2. Appeal to the Higher Supervisor of therespondent.

The resolution of the immediatesupervisor may be elevated to the highersupervisor of the respondent in writingwithin five working days from receiptthereof. The Higher Supervisor may callthe parties to discuss the problem/spresented, or perform such other actsthat will expeditiously dispose of or solvethe grievance. The higher supervisor ofthe respondent shall render his writtendecision within five working days fromreceipt of the appealed grievance.

B.3. Absence of Higher Supervisor

In the absence of the highersupervisor in items A and B, the OIC/Pairing/Acting Judge shall act on thegrievance.

C. Grievance against Immediate Supervisor

Where the object of the grievance is theimmediate supervisor, the aggrieved partymay bring the grievance, either verbally orin writing, to the higher supervisor of thelatter, who shall in turn render a decision inwriting within five working days from receiptof the grievance.

In all cases under A, B and C, the decisionof the higher supervisor may be appealed tothe EGC-LC within five working days fromreceipt of the decision.

The EGC-LC may conduct aninvestigation and hearing within 10 workingdays from receipt of the appealed grievanceand render a written decision within fiveworking days after the investigation.Thereafter, it shall issue a Certification on theFinal Action on the Grievance (CFAG) whichshall contain, among others, the history andaction taken on the grievance.

D. Grievance against the Higher Supervisor

Where the object of the grievance is thehigher supervisor, the aggrieved party maysubmit the grievance, either verbally or inwriting, to the EGC-LC.

The EGC-LC shall render its writtendecision on the grievance within five workingdays from its submission.

E. Grievance against the Executive Judge

Where the object of the grievance is theExecutive Judge, the aggrieved party maysubmit the grievance, either verbally or inwriting, to the OCA-GCLC for appropriateaction.

The OCA-GCLC shall render its writtendecision on the grievance within 15 workingdays from the date the grievance is submittedfor resolution.

F. Appeal to the OCA Grievance Committee forthe Lower Courts (OCA-GCLC)

The decision of the EGC-LC in A, B, C andD may be appealed to the OCA-GCLC within15 working days from receipt thereof by theaggrieved party. Together with the appeal, theaggrieved party shall submit the Certificationon the Final Action on the Grievance (CFAG)issued by the EGC-LC.


EMPLOYEE GRIEVANCE COMMITTEE FOR THE LOWER COURT (GC LC)

QUARTERLY REPORT

FOR THE PERIOD _________________________

Branch No.

______________________________________________________________

City/Municipality (Station)

________________________________________________

Province

________________________________________________________________

If clustered, specify court where clustered

___________________________________

I. Number of Pending Grievances at the

Beginning of the Quarter

II. Number of Grievances Filed

III. Total Number of Disposed

Grievances

IV. Pending Grievances at

the end of the Quarter*Parties

Date

Received

Nature of

Grievance

Action

Taken

* Supplemental paper may be used if necessary.

Certified Correct:

________________________________

EGC LV Chairman

Date Submitted:

_________________________________

CERTIFICATION OF FINAL ACTION ON THE GRIEVANCE

This certifies that the grievance filed by _____________________________________

(Aggrieved Party)

on ____________________ has been acted upon by this Committee on__________________.

Final Action Taken:

Chairman

Grievance Committee

Date_____________

4. Quarterly Report of the EGC

XI. Pro-Active Measures

a. The Office of the Court Administrator shallensure equal opportunity for men and womenin the lower courts to be represented in thegrievance committee.

b. The OCA Grievance Committee for the LowerCourts and the Employee Grievance

GRIEVANCE FORM

Within the Branch/Office Interbranch/Interoffice

(Date Filed)

Name of Aggrieved Party Branch/Office

Position Title/Designation (if any) Aggrieved Party’s/Respondent’sHigher Supervisor

Nature/Subject of Grievance:

Action desired:

Signature of Aggrieved Party

GRIEVANCE AGREEMENT FORM

Name of Parties to the Grievance

Nature of the Grievance

Steps toward Settlement

Agreements Reached

We promise to abide by the above stated agreements.

Aggrieved Party Subject of Grievance

Chairman, Grievance Committee

2. Grievance Agreement FormG. Appeal to the Office of the CourtAdministrator

The decision of the OCA-GCLC may beappealed to the Office of the CourtAdministrator within 15 working days fromreceipt of the decision by the aggrieved party.The aggrieved party is required to submittogether with the appeal, the Certification onthe Final Action on the Grievance (CFAG)issued by the OCA-GCLC.

H. Periods

The periods herein provided shall be non-extendible in line with the policy to resolvegrievances expeditiously at all times.

IX. Bilis Aksyon Partner

There shall be a Bilis Aksyon Partner (BAP) inthe OCA-GCLC who shall be designated by theCourt Administrator. The BAP, as action officer ofthe OCA-GCLC, shall promptly render assistanceto lower court employees for the redress of theirgrievances and shall ensure that grievances areresolved expeditiously at the lowest possible levelin the lower courts.

A BAP shall likewise be designated by theExecutive Judge to serve as the action officer forthe EGC-LC.

X. Reports, Forms and Records of Proceedings

Written reports of the EGC-LC shall beaccompanied by the prescribed grievance forms,enumerated hereunder.

Moreover, records of the proceedingsconducted in the EGC-LC and OCA--GCLC maybe obtained, if warranted under thecircumstances, by the parties upon writtenrequest. All expenses therefore shall be paid bythe requesting parties.

The following forms shall be used:

1. Grievance Form

3. Certificate of Final Action on the Grievance




OFFICE OF THE COURT ADMINISTRATOR

OCA CIRCULAR NO. 99-2008

TO: THE COURT OF APPEALS, SANDIGAN-BAYAN, COURT OF TAX APPEALS, REGIONALTRIAL COURTS, SHARI’A DISTRICT COURTS,METROPOLITAN TRIAL COURTS, MUNICIPALTRIAL COURTS IN CITIES, MUNICIPAL TRIALCOURTS, MUNICIPAL CIRCUIT TRIAL COURTS,SHARI’A CIRCUIT COURTS, THE OFFICE OF THESTATE PROSECUTOR, PUBLIC ATTORNEY’SOFFICE AND THE INTEGRATED BAR OF THEPHILIPPINES

SUBJECT: EXTENSION OF THE DATE OFEFFECTIVITY OF BAR MATTER NO. 1922 TOJANUARY 1, 2009

For the information and guidance of all concerned,quoted hereunder is the Resolution of the Court EnBanc dated September 2, 2008 in Bar Matter No. 1922.-[Re: Recommendation of the Mandatory ContinuingLegal Education (MCLE) Board to Indicate in AllPleadings Filed with the Courts the Counsel’s MCLECertificate of Compliance or Certificate of Exemption.]-The Court Resolved to NOTE the:

(a) First Indorsement, dated August 26, 2008, ofChief Justice Reynato S. Puno, relative to theletter of Atty. Feliciano M. Bautista, IBPNational President and resolution of the Boardof Governors dated August 21, 2008, requestingthe Supreme Court to defer or extend theeffectivity of the resolution in Bar Matter No1922, which makes mandatory for all lawyersto indicate in all pleadings filed with Courts,their respective MCLE Certificates ofCompliance or Certificate of Exemption;

(b) Aforesaid Board of Governors Resolution“Requesting the Supreme Court to Defer orExtend the Effectivity of the Resolution in theBar Matter No. 1922 until December 31, 2008”;

(c) Letter-Comment, dated August 22, 2008, ofJustice Carolina C. Griño-Aquino, Chairperson,MCLE, in compliance with the resolution of theCourt dated August 19, 2008.

The Court further Resolved, upon therecommendation of the MCLE Governing Board, to:

(a) GRANT the above request of the IBP Board;and

(b) AMEND the effectivity date of theimplementation of Bar Matter No. 1922 toJanuary 1, 2009 instead of August 25, 2008.

October 14, 2008.

(Sgd.) JOSE P. PEREZ Court Administrator


Committee for the Lower Court shall developand implement pro-active measures thatwould prevent grievance such as employeeassembly, “talakayan,” counseling and otherHuman Resource Development Programs.

c. The OCA-GCLC and the EGC-LC shall conducttraining information drives on GrievanceMachinery among officials and employees ofthe lower courts in collaboration with theOffice of Administrative Services, OCA.

XII. Quarterly Report

The Employee Grievance Committee shallsubmit a report of its accomplishments and statusof unresolved grievances to the OCA GrievanceCommittee within 10 days after the end of eachquarter. The OCA Grievance Committee shallsubmit a consolidated quarterly report, dulynoted by the Court Administrator, to the CivilService Commission Regional Office.

XIII. Liabilities

Immediate Supervisors or officials whorefuse to take action on a grievance brought totheir attention shall be liable for neglect of duty.

If the grievance also includes a specificviolation constituting a ground for administrativesanction, the aggrieved party may file a separateaction with the Legal Office, OCA. However, theEGC-LC or the OCA-GCLC may, in the interest ofthe service, motu proprio refer the matter to theLegal Office, OCA, for appropriate action.

XIV.Commitment

The Office of the Court Administrator herebycommits to implement the provisions of thisGrievance Machinery in accordance with existingcivil service law, rules and regulations.

XV. Repealing Clause

OCA Circular No. 03-2006 dated January 5,2006 is hereby repealed and superseded by thisCircular.

XVI. Effectivity

This OCA Grievance Machinery for the LowerCourts shall take effect immediately uponapproval by the Supreme Court En Banc.

Issued this 11th day of November 2008.

(Sgd.) REYNATO S. PUNO Chief Justice



TO: ALL JUDGES AND CLERKS OF COURT OF THEFIRST LEVEL COURTS

SUBJECT: APPLICABILITY OF THE RULE OFPROCEDURE FOR SMALL CLAIMS CASES

The Office of the Court Administrator has beenreceiving queries on the applicability of the Rule ofProcedure for Small Claims Cases to the cases filed inthe first level courts in view of the effectivity of theRule on October 1, 2008.

For your information, Section 26 of the Ruleprovides:

SEC. 26. Effectivity.-- The Rule shall take effect onOctober 1, 2008 for the pilot courts designated to applythe procedure for small claims cases following its

publication in the newspaper of general circulation.

Accordingly, the Rule shall be applicable only tonewly filed cases in the pilot courts for small claimscases. If your court is not one of the pilot courts, thenthe applicable rule of procedures like the Rule onSummary Procedure, etc. shall be applied.

For your information and guidance.

October 14, 2008.



TO: ALL CLERKS OF COURT OF THE PILOTCOURTS FOR SMALL CLAIMS CASES

SUBJECT: MONTHLY INVENTORY OF SMALLCLAIMS CASES

Pursuant to Administrative Order No. 141-2008dated September 29, 2008, you are directed to submita monthly inventory report on small claims cases onor before the 10th day of the succeeding month.

For uniformity in the reporting, you are directedto use the attached form which shall be submitted to:

The SecretariatTechnical Working Group for SmallClaims Pilot ProjectOffice of the Court AdministratorSupreme CourtPadre Faura Street, Manila

For strict compliance.

October 14, 2008.


MONTHLY INVENTORY OF SMALL CLAIMS CASES______________________________________

Court and StationFor the Month of ____________________________

CaseNumber

Case Title(State all the Parties)

Nature of ClaimAmountInvolved

Date Filed/Raffled

DateSummons

Issued

Date ofHearingand JDR

Date CaseReferred to

Pairing Judge

Date ofDecision

Remarks*

*Include your comment/observation/recommendation



TO: ALL EXECUTIVE/PRESIDING JUDGES ANDCLERKS OF COURT OF THE FIRST AND SECONDLEVEL COURTS

SUBJECT: ISSUANCE OF THE CERTIFICATION OFACCOUNTABILITY/NON-ACCOUNTABILITY FORMONEY AND/OR PROPERTY FOR CLEARANCEPURPOSES

All court employees of the first and second levelcourts applying for clearance from the Supreme Courtshall submit a Certification of Accountability/Non-Accountability for Money and/or Property [Annex“A”] as one of the documentary requirements in theprocessing of the Supreme Court clearance by the Officeof the Court Administrator (OCA).

The Certification of Accountability/Non-Accountability for Money and/or Property, to be issuedby the Clerk of Court in the station (single or multiplesala stations) where the employee is assigned, isintended to prevent instances wherein courtemployees were able to obtain their Supreme Courtclearance despite existing money and/or propertyaccountabilities.

The Clerk of Court shall attest in the Certificationof Accountability/Non-Accountability for Money and/or Property whether the employee for whom thecertification is being issued has existing money and/or property accountability.

In determining the employee’s moneyaccountability, the following shall be taken intoaccount by the Clerk of Court whether the employee:

1. had been previously designated as officer-in-charge/ accountable officer to handlefinancial transactions, in order that an auditof the books of account during his/her periodof designation may be conducted; and

2. who is a sheriff/ process server/court-authorized person has unliquidated cashadvance /s received pursuant to Section 10,Rule 141 of the Revised Rules of Court [i.e.(a) the Sheriffs Trust Fund, specifically theOne Thousand Pesos (P1,000) deposit foractual travel expenses; and (b) the cashdeposit of interested party litigants for otherexpenses such as the execution of writs,safeguarding of the property and the like].

Strict compliance is hereby enjoined.

October 14, 2008.


Republic of the Philippines_________________ COURT___________ Judicial Region________________________

(Station)

CERTIFICATION OFACCOUNTABILITY/NON-ACCOUNTABILITY

FOR MONEY AND/OR PROPERTY

I hereby certify that ____________________________________ , ( name of court employee )

___________________________ of __________________________ , ( designation ) ( court station )

1. [ has / has no ] money and/or property accountability;2. [ had / had never ] been designated as officer-in-charge or

accountable officer to handle financial transactions; if employeehad been so designated, state period of designation___________________ ;

( period of designation )3. [for sheriffs, process servers, or other court-authorized persons]:

[ has / has no ] unliquidated advance/s received pursuant toSec. 10, Rule 141 of the Revised Rules of Court [i.e. (1) theSheriff’s Trust Fund, specifically the One Thousand Pesos(P1,000.00) deposit for actual travel expenses; and (2) the cashdeposit of interested party litigants for other expenses such asthe execution of writs, safeguarding of the property, and thelike].

This certification is being issued as one of the documentaryrequirements in the processing of the Supreme Court clearance by the Officeof the Court Administrator.

Issued this ______ day of ______________.

__________________________ Clerk of Court/Officer-in Charge

Noted:________________________Executive/Presiding Judge


TO: FIRST AND SECOND LEVEL COURT JUDGES

SUBJECT: REVISED GUIDELINES ON THEHANDGUN ACQUISITION PROGRAM FORJUDGES

Quoted hereunder is the Resolution of theHonorable Court En Banc dated 30 September 2008 inA.M. No. 08-3-13-SC.- Re: Supreme Court Motorcycle,Computer and Handgun Acquisition Program or (SC-MCHAP) which Resolved to:

(a) NOTE the Memorandum datedSeptember 18, 2008 of the SC-MCHAPCommittee, submitting the draft RevisedGuidelines on the Handgun Acquisitionfor Judges; and

(b) APPROVE the aforesaid RevisedGuidelines on the Handgun Acquisitionfor Judges, to wit:

Annex “A”


REVISED GUIDELINES ON THEHANDGUN ACQUISITION PROGRAM

FOR JUDGES

OBJECTIVE

To provide judges of the lower courts theopportunity to acquire handguns for theirpersonal protection, safety and security.

CONCEPT

An interest free handgun loan will be madeavailable to judges on a repayment scheme ofnot more than 36 monthly installments. Aninitial revolving fund of Ten Million Pesos (P10million) chargeable against the JudiciaryDevelopment Fund ( JDF) shall be madeavailable for this purpose.

DEFINITION OF TERMS

A. Qualified judges refers to those appointedto Regional Trial Court, Metropolitan TrialCourt, Municipal Trial Courts, MunicipalTrial Courts in Cities, Municipal CircuitTrial Courts, and, Shari’a District andCircuit Court, who:

1. are not more than 67 years of age as ofthe date of the application;

2. are not under preventive suspensionfrom office;

3. have a minimum 60 days leave credits;

4. have met the minimum of ThreeThousand Pesos (P3,000) net takehome pay as required by the GeneralAppropriations Act; and

5. have at least three qualified co-makers.

B. Qualified co-makers are judges of theabove named courts with the samequalifications as qualified judges.

C. Committee refers to the Supreme CourtMotorcycle, Computer and HandgunAcquisition Program Committee whoshall be tasked to handle theimplementation and operation of theprogram.

D. Distributor or Supplier refers to a privatecompany engaged by the Committee tosell, deliver and service the handgunsgranted to judges-grantees.

STATEMENT OF DUTIES ANDRESPONSIBILITIES

A. The Committee shall:

1. negotiate and enter into aMemorandum of Agreement withaccredited companies for the sale,licensing and delivery of handgunsto judges-grantees at the lowestpossible cost;

2. give out individual interest free loansin an amount not exceeding FiftyThousand Pesos (P50,000) payable in36 equal monthly installment;Provided, that loans not exceedingTwenty Four Thousand Pesos(P24,000) shall be payable in 24 equalmonthly installments;

3. see to it that all necessary documentsrelating to the loan as required by itsrules and regulations are compliedwith; and

4. render necessary reports to the Courtthrough the Committee on Security.

B. The Distributor or Supplier shall:

1. administer the non-policy aspects ofthe program as agreed upon in a finalMemorandum of Agreement;

2. work out the issuance of the firearmlicense and permit to carry in favorof the judge-grantee.

3. bind itself to deliver the handgun tothe judge-grantee within one monthfrom the issuance of the license by thePhilippine National Police-Firearmsand Explosive Division (PNP-FED);and

4. immediately notify the judge-grantee,copy furnished the Committee thatthe handgun are available fordelivery/pick-up.

C. The Judge-Grantee shall:

1. pay his/her obligation within thestipulated period;

2. use the gun exclusively for his/herpersonal protection, safety andsecurity;

OCA CIRCULAR NO. 105-2008 (continued)




3. exercise thorough care in choosing thebrand, model and caliber of thehandgun. No change of brand, modelor caliber will be allowed after theapproval of the application andissuance of the correspondingDelivery Order to the Supplier/Distributor is effected;

4. acknowledge invoice/receipt of thehandgun not later than 15 days afternotification of the availability of thehandgun by the Supplier/Distributor;

5. not transfer, assign or encumber thehandgun without the approval of theCommittee or until full payment of theloan has been made; and

6. secure a clearance from the Committeein case of resignation, transfer,separation, retirement or dismissalfrom service.

FILING AND PROCESSING OFAPPLICATION, DELIVERY AND PAYMENT

A. Filing and Processing of Applications

Application forms and the SC-MCHAPPrice List of available brands, make, modelsand caliber of handguns will be madeavailable at the Property Division, Officeof the Court Administrator and/or the retailstores of the different accrediteddistributor/supplier.

Qualified judges desiring to acquire ahandgun under the program shall choosefrom among the available handgun in theSC-MCHAP Price List. The dulyaccomplished application forms togetherwith all the supporting documents shallthen be submitted to the Committee.

If the loan application is approved, theCommittee shall immediately issue aDelivery Order to the concerned Supplier/Distributor. The Supplier/Distributor shallthen coordinate with the judge-grantee forthe payment of the equity (for handgunloans in excess of P50,000) and submissionof the required documents for firearmlicensing and issuance of permit to carry.

Cost of maintenance and repair of thehandguns beyond the warranty periodshall be for the account of the judge-grantee.

B. Payment

The judge-grantee shall directly payin cash the concerned Supplier/Distributor the equity or the differencebetween the total cost of the handgun andthe maximum loanable amount of FiftyThousand Pesos (P50,000).

Upon completion of delivery, theSupplier/Distributor shall forward to theCommittee the: (1) Delivery Order issued;(2) invoice/receipt of the handgun dulyacknowledged by the judge-grantee; and(3) copy of the firearm license/permit tocarry card, for payment of the handgun.

Should the judge-grantee die after theissuance of the firearms license in thename of the judge-grantee but prior to his/her acknowledgement in the invoice/receipt or delivery of the handgun, acertification relative to the death of thejudge-grantee together with a certified truecopy of the death certificate may beconsidered in lieu of theacknowledgement required as substantialcompliance for payment handgun toSupplier/Distributor. Payment of the loanshall then be deducted from whateverbenefits due to the judge-grantee.

Should the judge-grantee resign,transfer to another agency, voluntarilyretire or be separated or removed fromthe service prior to full payment of hisloan, the entire unpaid balance of thehandgun loan shall be due anddemandable. The required clearance shallonly be issued to the judge-grantee uponfull payment of the loan.

The Committee on Security maychange or suspend any provision of theprogram if it becomes necessary ordesirable.


October 21, 2008.



OCA CIRCULAR 116-2008

TO: EXECUTIVE/PRESIDING JUDGES, CLERKS OFCOURT/OFFICERS-IN-CHARGE/ACCOUNTABLEOFFICERS OF THE FIRST AND SECOND LEVELCOURTS

SUBJECT: REMITTANCE OF INTEREST EARNEDON FIDUCIARY/SHERIFF’S TRUST FUNDDEPOSITS AND CONFISCATED/FORFEITEDBONDS

The Honorable Court En Banc in its Resolutiondated March 11, 2008 in A.M. No. 05-3-35-SC, resolvedamong others to:

x x x x

b) DIRECT the CLERK OF COURT toimplement the Order in the resolution ofJanuary 31, 2006 directing the FiscalManagement and Budget Office to complywith the Audit Memorandum, AOM No.05-008-101-(104) by remitting theinterests earned on the Fiduciary Fundsand forfeited/confiscated bonds to theBureau of Treasury as contained in“Section 7, General Provisions of theGeneral Appropriations Act, CY 2004.”

In view of the aforesaid Resolution, the concernedaccountable officers are hereby directed to accomplishand submit to the Fiscal Monitoring Division, CourtManagement Office, OCA the following:

1) Schedule I - Withdrawn/Remitted InterestEarned on Fiduciary/Sheriff ’s Trust FundDeposited to Judiciary Development Fund;

2) Schedule II - Withdrawn/Remitted InterestEarned on Fiduciary/Sheriff ’s Trust FundDeposited to Bureau of Treasury;

3) Schedule III - Unwithdrawn/UnremittedInterest Earned on Fiduciary/Sheriff’s TrustFund deposits;

4) Schedule IV - Withdrawn/RemittedConfiscated/Forfeited Bonds Deposited toJudiciary Development Fund;

5) Schedule V - Withdrawn/RemittedConfiscated/Forfeited Bonds Deposited toBureau of Treasury; and

6) Schedule VI - Unwithdrawn/UnremittedConfiscated/Forfeited Bonds

Attached are the forms to be accomplished for allinterests earned on Fiduciary/Sheriff’s Trust Fund


TO: ALL EXECUTIVE JUDGES

SUBJECT: GUIDELINES IN THE ANNOUNCEMENTOF A WORK SUSPENSION IN THE LOWERCOURTS

In consonance with the provisions of A.M. No. 03-8-02-SC (Guidelines on the Selection and Appointmentof Executive Judges and Defining their Powers,Prerogatives and Duties) dated 15 February 2004, inthe absence of an announcement from the national orlocal government, the following guidelines in thesuspension of work shall be observed:

1. In case of typhoons where public storm signalno. 1 or 2 has been raised by PAG-ASA, thereshall be no work suspension;

2. In case of typhoons where public storm signalno. 3 has been raised by PAG-ASA, suspensionof work shall be subject to the discretion ofthe Executive Judge with notice to the Office ofthe Court Administrator; and

3. In case of:

a.) flash floods (with or without a typhoon);

b.) transport strikes and other large-scalepublic strikes and/or rallies; and

c.) other situations necessitating suspensionof work,

suspension of work shall likewise be subject tothe discretion of the Executive Judge with noticeto the Office of the Court Administrator.

If an announcement of work suspension is deemednecessary by the Executive Judge, a report on thecircumstances thereof (e.g. date, time, reason) shall beimmediately communicated to the CourtAdministrator who shall verify the need for the earlydismissal.

An abuse of the prerogative to suspend work shallbe subject to appropriate disciplinary action.


November 5, 2008.

(Sgd.) JOSE P. PEREZCourt Administrator



SCHEDULE IICOURT/STATION: ____________________________________

WITHDRAWN/REMITTED INTEREST EARNED ON FIDUCIARY/SHERIFF’S TRUST FUND DEPOSITSFOR THE PERIOD NOVEMBER 1999 – SEPTEMBER 30, 2008

INTEREST EARNED PARTICULARS OF BUREAU OF TREASURY REMITTANCEPERIOD

COVERED GROSS WITHOLDING TAX NET O.R. DATE O.R. NUMBER AMOUNT DEPOSIT DATE

P P P P

Total P P P P

Prepared by: Certified correct by:

Clerk of Court

Noted:

Executive/Presiding Judge


deposits and confiscated/forfeited bonds remitted tothe Judiciary Development Fund (JDF) on a yearlybasis. Separate forms (also on a yearly basis) shall beprepared for interests remitted to the NationalTreasury. The schedules must be supported withproofs of transfer/remittance (official receipts andmachine-validated deposit slips) to the JDF and/orNational Treasury.

The High Yield Savings Account (HYSA) and TimeDeposit Account being maintained by the LowerCourts shall now be terminated and only Fiduciary/Sheriff ’s Trust Fund Savings and/or CurrentAccount(s) shall be maintained with the authorizedgovernment depository bank.

Strict compliance is hereby enjoined.

November 24, 2008.


SCHEDULE ICOURT/STATION: ____________________________________

WITHDRAWN/REMITTED INTEREST EARNED ON FIDUCIARY/SHERIFF’S TRUST FUND DEPOSITSFOR THE PERIOD NOVEMBER 1999 – SEPTEMBER 30, 2008

INTEREST EARNED PARTICULARS OF JUDICIARY DEVELOPMENT FUND REMITTANCEPERIOD

COVERED GROSS WITHOLDING TAX NET O.R. DATE O.R. NUMBER AMOUNT DEPOSIT DATE

P P P P

Total P P P P


Clerk of Court

Noted:


SCHEDULE IIICOURT/STATION: ____________________________________

UNWITHDRAWN/UNREMITTED INTEREST EARNED ON FIDUCIARY/SHERIFF’S TRUST FUND DEPOSITSFOR THE PERIOD NOVEMBER 1999 – SEPTEMBER 30, 2008

INTEREST EARNEDPERIOD COVERED

GROSS WITHHOLDING TAX NET

P P P

Total P P P


Clerk of Court

Noted:




SCHEDULE VICOURT/STATION: ____________________________________

UNWITHDRAWN/UNREMITTED CONFISCATED/FORFEITED BONDSFOR THE PERIOD NOVEMBER 1999 – SEPTEMBER 30, 2008

CONFISCATED BONDDATE OF CONFISCATION/COURT ORDER

CASH SURETY

P P

Total P P


Clerk of Court

Noted:



TO: THE COURT OF APPEALS,SANDIGANBAYAN, COURT OF TAX APPEALS,REGIONAL TRIAL COURTS, SHARI’A DISTRICTCOURTS, METROPOLITAN TRIAL COURTS,MUNICIPAL TRIAL COURTS IN CITIES,MUNICIPAL TRIAL COURTS, MUNICIPALCIRCUIT TRIAL COURTS, SHARI’A CIRCUITCOURTS

SUBJECT: COURT-RELATED COMMUNICATIONSADDRESSED TO FOREIGN EMBASSIES INMANILA

The Department of Foreign Affairs requests thatcourt-related communications meant for theEmbassies in Manila be coursed, whenever possible,to the Department of Foreign Affairs (Attention: Officeof Legal Affairs), in accordance with internationalconvention and protocol.

Henceforth, to ensure the proper transmittal ofdocuments, all communications, orders and noticesaddressed to Foreign Embassies in Manila must becoursed through the Office of the Legal Affairs,Department of Foreign Affairs for proper transmittalto the foreign embassies concerned by diplomatic note.

SCHEDULE IVCOURT/STATION: ____________________________________

WITHDRAWN/REMITTED CONFISCATED/FORFEITED BONDSFOR THE PERIOD NOVEMBER 1999 – SEPTEMBER 30, 2008

CONFISCATED BOND PARTICULARS OF BUREAU OF TREASURY REMITTANCEDATE OFCONFISCATION/COURT ORDER CASH SURETY DATE O.R. NUMBER AMOUNT DEPOSIT DATE

Total P P P


Clerk of Court

Noted:


SCHEDULE VCOURT/STATION: ____________________________________

WITHDRAWN/REMITTED CONFISCATED/FORFEITED BONDSFOR THE PERIOD NOVEMBER 1999 – SEPTEMBER 30, 2008

CONFISCATED BOND PARTICULARS OF JUDICIARY DEVELOPMENT FUND REMITTANCEDATE OFCONFISCATION/COURT ORDER CASH SURETY DATE O.R. NUMBER AMOUNT DEPOSIT DATE

Total P P P


Clerk of Court

Noted:



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