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RECORDS DISPOSAL GUIDELINES

A.M. No. 07-3-09-SC


DATE
ACTIVITY
January to
March
1. Updating of docket books.
2016
1. Inventory terminated cases (based on updated docket
books)
a. Submit to OCA.
2. OCA shall publish notice to the general public in two (2)
On or
newspapers of general circulation in the Phil.
before
a. Notice shall include advisory to litigants, lawyers and
30 April
other interested persons who may want to obtain the
2016
disposable residual records of all terminated cases
(five) 5 years and above in age.
3. Trial Courts shall post guidelines and notices outside
courtrooms and in other conspicuous areas.
Plot Court Disposal Team Day to Day Schedule (staff and
timeline) according to the Disposal Assembly Line.
a. Cleaning of records
b. Sorting of records (for disposal/for regular storage)
b.i. Identifier
b.ii. Sorter
b.iii. Recorder
May 2016
c. Removing of stitching
d. Judges assistant while sorting
e. Recording of documents (process checklist)
f. Filing of document
f.i. Documents to be retained
f.ii. Documents to be disposed
g. Packing of documents
June 2016 Assemble the essentials (grocery list)
a. EQUIPMENT:
a.i. Electric fans
a.ii. Tables & chairs
a.iii. Tents
b. SUPPLIES
b.i. Heavy duty masks (not the surgical type) (N95)
b.ii. Heavy duty gloves
b.iii. Staplers
b.iv. Paper clips
b.v. Packaging tape (preferably colored)
b.vi. Plastic straw
b.vii. Rags
b.viii. Sturdy storage boxes
b.ix. Permanent marking pens

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DATE
1.

July 2016

2.
3.
4.
5.

ACTIVITY
Official records disposal period.
a. Segregation of disposable or residual records.
b. Physical extraction by the judges and court personnel.
Hearings shall be held for urgent matters and incidents.
EJ to continue to raffle cases to the different branches.
No application for leave by judges and court personnel
shall be approved except for compelling reasons to be
determined by the OCA.
Regular mid-year (July) inventory of pending cases is
cancelled.

1. PREPARE AREA WHERE RECORDS WILL BE PROCESSED.


a. Open air with roof.
a.i. Aircon rooms not good for the health.
(Accumulated dust)
a.ii. Consider security and safety concerns.
a.iii. Both for the records and personnel.
b. Equipment needed
b.i. Electric fans
b.ii. Tables and chairs
2. LABEL THE DISPOSAL ROOM ACCORDING TO ASSEMBLY
LINE.
a. Put up a tracking board (year to be disposed/cancel if
done)
3. CHECK RECORDS versus DOCKET BOOKS or VICE VERSA.
4. SEGREGATE CASES CHRONOLOGICALLY.
a. Those covered by SC circular and those not covered.
5. ARRANGE THE CASES CHRONOLOGICALLY.
a. By year.
b. Based on docket number.
6. ASSEMBLY LINE
a. Cleaning of records
b. Sorting of records (for disposal / for regular storage)
b.i. Identify / sort / record
c. Remove stitching
d. Segregate documents to be retained / to be disposed
d.i. TO BE DONE BY THE JUDGE
Documents from notable cases for
historical, educational purpose, academic
discussion
Original documents (land titles, documents
of interest)
e. Accomplish process checklist
e.i. Count number of pages.
e.ii. Do not staple directly to the cover, pad with a
piece of paper first.
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DATE

August
2016

7. FILING AND PACKING OF DOCUMENTS


a. Documents for disposal
a.i. Tie up and Bundle up similar records
a.ii. Place in plastic sacks
a.iii. Stitch and label the sacks
ACTIVITY
b. Documents to be retained
b.i. Process slip as cover
page
b.ii. Prepare printed forms
case title; case
number;
documents
retained; number
of
pages/documents.
c. Complete your records (if
still needed)
c.i. Enter into docket
books the details of the
case
d. Photocopy the Information
with photograph of the
accused.
e. Prepare several copies of
the inventory of cases.
e.i. To be included in the
box
e.ii. To be attached outside
the box (to facilitate
search)
e.iii. Courts copy
e.iv. RTC-OCCs copy
e.v. Supreme Courts copy
f. Arrange retained documents
neatly and well-aligned.
f.i. Loose documents tend
to tear
g. Place inside plastic bags to
maintain integrity
h. Place in storage boxes for
safekeeping
i. Seal retained documents
boxes for scanning or
further storage.
1. Resume regular court business.
2. Whole month is period for retrieval of residual records by

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interested parties.
a. Interested parties may file Application to Take
Possession of Residual Record, File, Document.
b. File with the branch concerned, if unknown, file with
the RTC-OCC.
c. Court shall approve application once the document is
found, except when a compelling reason exists not to
approve the same.
d. Application fee of Php500 (JDF account) shall be
collected before the residual document requested is
released. Fee waived for pauper litigants as indicated
in their pleadings (application with supporting
documents).
1. Actual disposal of remaining residual records.
a. Courts shall forward the residual records to the
concerned Regional Disposal Committee (RDC) for
proper disposal.
b. RDC shall look for at least 3 different individuals or
entities interested in purchasing the residual records
Septembe
for recycling and award the same to the highest offer.
r 2016
b.i. Should there be less than 3 buyers or none at all,
the Chairperson of the RDC shall issue a
certification attesting to this fact and how the
residual records were disposed in accordance
with law.
b.ii. Proceeds of the sale shall be deposited in the JDF
account.

CASE FILES SUBJECT TO SELECTIVE DISPOSAL


1. FILES OF TERMINATED CASES THAT ARE TWENTY (20) YEARS
AND ABOVE IN AGE.
a. Courts shall extract the following from the records of each case:
a.i. Final decisions, orders or resolutions including those of the
appellate court, if any;
a.ii. Proof of identity of the accused in criminal cases; and
a.iii. Corresponding entry of judgment.
b.
Above documents shall be saved and compiled according to
the year they were issued and arranged alphabetically according to
the surname of the first plaintiff, except in criminal cases where the
surnames are to be arranged according to the surname of the first
accused.
c. Compilation shall be accompanied by a table of contents to
facilitate search and kept for storage.
d. Rest of the records shall be disposed as provided.
2. FILES OF TERMINATED CASES THAT ARE FIVE (5) YEARS AND
ABOVE IN AGE
(but less than 20 years):
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a. Courts shall extract the following from the records of each case:
a.i. Decision, final order or resolution including those of the
appellate courts;
a.ii. Corresponding entry of judgment;
a.iii. Complaint and answer in civil cases;
a.iv. Information and proof of identity of the accused in criminal
cases;
a.v. Exhibits of the parties; and
a.vi. Portions of the records needed for the execution of the
judgment.
b. Above documents shall be compiled according to the year issued
and arranged alphabetically according to the surname of the first
plaintiff, except in criminal cases, surnames are to be arranged
according to the surname of the first accused.
c. Compilation shall be accompanied by a table of contents to
facilitate search and kept for storage.
d. Rest of the records shall be disposed as provided.
3. FILES OF TERMINATED CASES TO BE RETAINED REGARDLESS OF
AGE.
a. Land registration cases including those covered by the
Comprehensive Agrarian Reform Program Law with respect to the
following records:
a.i. Petition and Answer;
a.ii. Decision, final order, or resolution including those of the
appellate courts;
a.iii. Entry of judgment; and
a.iv. Original certificate of title.
b. Estate cases, provided that their fully litigated incidents, which
have been decided with finality shall be dealt with in the manner
provided in No. 2 and 3 above.
c. Support cases where support has not been legally terminated,
except records pertaining to non-adversarial matters; and
d. Cases that have historical or academic value as determined by the
judge.
4. EXHIBITS IN TERMINATED CASES.
a. Exhibits in terminated cases shall likewise be disposed in
accordance with existing laws, together with the disposable
records of said cases.

CASE FILES SUBJECT TO SELECTIVE DISPOSAL


5. RECORDS IN THE OFFICE OF THE CLERK OF COURT.
a. EXTRAJUDICIAL FORECLOSURE OF MORTGAGE CASES: files
that are ten (10) years and above in age, counted from the
date of issuance of the Certificate of Sale.
a.i. Certificate of sale shall be kept for twenty (20) years and
thereafter disposed;
a.ii. Provided case have been audited and cleared for disposal by
the Fiscal Monitoring Division, Court Management Office
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(FMD-CMO), OCA.
b. NOTARIZED DOCUMENTS covering the TRANSFER OF REAL
PROPERTY shall be kept for twenty (20) years and disposed of
after.
c. OTHER NOTARIZED DOCUMENTS shall be kept for ten (10)
years and disposed of after.
d. NOTARIAL COMMISSIONS AND SIGNATURE CARDS shall be
retained for ten (10) years from the date of their issuance and
disposed of after.
e. CLEARANCES and CERTIFICATIONS issued by the Clerk of Court
that are five (5) years in age or older.
f. FILE COPIES OF MONTHLY FINANCIAL REPORTS that have
been audited and cleared for disposal by the FMD-CMO,
OCA on:
f.i. Fiduciary Fund (FF);
f.ii. Sheriffs Trust Fund (STF);
f.iii. Judiciary Development Fund (JDF);
f.iv. Special Allowances for the Judiciary Fund (SAJF);
f.v. General Fund (GF);
f.vi. Legal Research Fund (LRF);
f.vii. Victims Compensation Fund (VCF);
f.viii. Mediation Fund (MF).
g. FILE COPIES OF OFFICIAL RECEIPTS of trust funds and nonwithdrawable legal fees.
g.i. FF, STF, JDF, SAJF, GF, LRF, VCF and MF that have been
audited and cleared for disposal by the FMD-CMO, OCA.
h. BANK CONFIRMATION RECORDS that have been audited and
cleared for disposal by the FMD-CMO, OCA;
i. LOGBOOK OF RAFFLED CASES transmitted to the branches that
are five (5) years in age or older that have been audited and
cleared for disposal by the FMD-CMO, OCA;
j. LOGBOOK OF THE BONDS RECEIVED BY THE OCC and
transmitted to the branches that are five (5) years in age or older,
provided that these have been audited and cleared for disposal by
the FMD-CMO,OCA.
k. LOGBOOK OF RECEIVED MAIL MATTERS that are five (5) years
in age or older.
l. LOGBOOK OF MAILED LETTERS AND ORDERS that are five (5)
years in age or older.
m. DUPLICATE COPIES OF MARRIAGE CERTIFICATES of
marriages solemnized by the court, provided that these have been
audited and cleared for disposal by the FMD-CMO, OCA.

REMINDERS
Determining case age:

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Case age shall be based on the date when


the decision, final order, or resolution
disposing the case became final and
executory.
If not ascertainable, the 60th day counted
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from the date of the decision, final order or


resolution shall be the basis.
Chairperson:
Hon. James Clinton R.C.
Nuevo
Composition
of
the
Members:
Hon. Girlie M. Borrel-Yu
Regional
Disposal
Hon. Rene D. Romero Jr.
Committee
Hon. Lorna P. Obus-Pades
Atty. Maria Pamela S.
Oliver
Certification shall be made by the Presiding
Lost
or
destroyed
Judge or Clerk of Court, as the case may
records:
be.
Disposal of records of
Family Court cases
The Chair of the RDC shall ensure that the
and other confidential
records are disposed through shredding.
cases:
Should the courts acquire the capacity to
scan or electronically copy court records,
they shall have the preserved records of
cases 5 years and above and 20 years and
above in age scanned and electronically
copied.
After scanning, the physical records shall
Scanning of retained
be disposed of through recycling.
records:
Retained Land Registration Cases including
CARP, estate cases, support and cases with
historical or academic value shall be
scanned but will not be disposed.
Scanned/electronic copy shall be stored in
a central information facility at the OCC in
each station concerned, out of which
certified copies may be issued.
As provided in the General Provisions of the
GAA,
the
monthly
allowance
for
Expenses for records
Extraordinary and Miscellaneous Expenses
disposal:
(EME) released to judges may be used to
purchase equipment and supplies needed
for the conduct Records Disposal.
1st week of January = Segregation of
disposable or residual records and physical
extraction.
Annual records
1st week of February = Retrieval of residual
disposal period:
records
1st week of March = Actual disposal of
records
Repeal
of
past Administrative Order No. 103-2011 dated
issuances:
July 11, 2011 and all other prior court
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issuances on the subject of records disposal


that are inconsistent with these guidelines
shall be deemed superseded.

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