MANUAL FOR EXECUTIVE JUDGES

Chairperson/Project Director
Justice Alfredo L. Benipayo (ret.)

Writer/Contributors
DCA Bernardo T. Ponferrada (ret.)
CA Jose P. Perez
Judge Thelma A. Ponferrada
Judge Myrna G. Fernandez
ACA Thelma C. Bahia

Editor
Prof. Myrna S. Feliciano

Assistant Editor
Justice Marina L. Buzon (ret.)

Editorial Assistant
Zenaida Antonio

Research Associate
Rouschelle G. Mercado

Research Assistants
Marita Flora C. Ayllon
Erlinda I. Joya

Layout and Design Artist

Joseph Arvin S. Cruz

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 MANUAL FOR EXECUTIVE JUDGES

Table of Contents

Introduction ................................................................................................ ix
Preface ......................................................................................................... xi
Foreword .................................................................................................. xiii
Acknowledgment ....................................................................................... vi

I. NATURE OF THE OFFICE OF THE EXECUTIVE JUDGE .......... 1

II. GENERAL POWERS, PREROGATIVES AND DUTIES OF
EXECUTIVE JUDGES ......................................................................... 2
III. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF
EXECUTIVE JUDGES IN JUDICIAL SUPERVISION
ASSIGNMENT AND DISTRIBUTION OF CASES
A. Raffle of Cases ........................................................................ 2
1. Constitution of the Raffle Committee ................................ 2
2. Procedure in the Raffle of Cases ........................................ 3
3. Cases/Matters for Raffle ................................................... 5
4. Exclusion of Vacant Branches from Raffle ......................... 7
5. Raffle of Cases Involving the Issuance of Temporary
Restraining Orders ............................................................ 8
6. Special Raffle .................................................................... 8
7. Specific Guidelines on Raffle of Cases Falling within
the Jurisdiction of Special Courts
a) Cases Falling within the Jurisdiction of the
Family Courts ............................................................ 9
b) Cases Cognizable by Drug Courts ............................... 11
c) Cases Cognizable by the Special Commercial Courts ...... 14
d) Cases falling within the Original and Exclusive
Jurisdiction of Regional Trial Courts designated
as Special Agrarian Courts ......................................... 15
e) Petitions for Inclusion or Exclusion of Voters and
Appeals in these Cases ................................................. 15

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 f) Election Protests and Petitions for Quo Warranto
1) Involving Elective Municipal Officials ......................17
2) Involving Elective Barangay Officials ...................... 18
g) Cases Involving Killings of Political Activists and
Members of the Media ........................................................ 18
h) Environmental Cases ..........................................................19
8. Raffle of Cases to Newly-Created and Organized Branches ..........20
B. Consolidation of Cases ..................................................................... 20
C. Disqualification and Inhibition ....................................................... 20
1. Judges in Regular Courts ......................................................... 20
2. Judges in Special Courts .......................................................... 21
3. Procedure In Case of Conflict of Opinion on Propriety
of Inhibition ........................................................................... 23
D. Designation of Judges of the First Level Courts to Try Cases ........... 23
IV. CIVIL CASES
A. Upon Filing of Initiatory Pleading ...................................................24
B. Refund of Filing Fees ....................................................................... 24
C. Exemption from Payment of Docket Fee ...........................................24
D. Application for Temporary Restraining Order ...................................27
1. Commentary .............................................................................. 27
2. Reminders ................................................................................ 31
V. CRIMINAL CASES
A. Guidelines Concerning Bail ............................................................ 36
B. Guidelines Concerning Search Warrant .......................................... 41
C. Guidelines on Night Court Sessions of MeTCs and MTCCs ................ 45
D. Guidelines on Jail Visitation and Inspection .................................... 46
E. Guidelines on the Procedure for Collection of Docket Fees in
B.P. 22 and Estafa Cases and other Criminal Cases; Actions
to be taken for Non-Payment Thereof .............................................. 47

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VI. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF
EXECUTIVE JUDGES IN COURT-ANNEXED MEDIATION
AND OTHER ADR MECHANISMS
A. Background and Salient Features ............................................. 50
B. Roles and Functions of Executive Judges in
Court-Annexed Mediation and Other ADR Processes ................. 51
VII. SPECIFIC POWERS, PREROGATIVES AND DUTIES
OF EXECUTIVE JUDGES IN EXTRA-JUDICIAL
FORECLOSURE OF MORTGAGE
A. Real Estate Mortgages under Act 3135 (1924), as amended ......... 54
B. Chattel Mortgage under Act 1508, as amended .......................... 55
C. Applications for Extra-Judicial Foreclosure of Mortgage .............. 56
D. Duties of the Clerk of Court ..................................................... 56
E. Assignment by Raffle ................................................................ 57
F. Notice of Extra-judicial Sale ..................................................... 58
G. Conduct of Extra-judicial Foreclosure Sale ................................ 59
H. Collection of Fees ..................................................................... 60
I. Report of Sheriff/Notary Public ................................................. 60
J. Certificate of Sale ..................................................................... 60
K. Records of Sale ......................................................................... 60
VIII. SPECIFIC POWERS, PREROGATIVES AND DUTIES
OF EXECUTIVE JUDGES IN PERSONNEL ADMINISTRATION
A. Flag-Raising and Flag-Lowering Ceremonies ............................. 61
B. Compliance by Court Employees with the Guidelines on the
Wearing of Prescribed Office Uniforms ..................................... 62
C. Concerns of Judges .................................................................... 63
D. Administrative Discipline ..........................................................63
E. Constitution of OCA Performance Evaluation
Review Committee (PERC) in the Lower Courts ........................ 65
F. Grievance Machinery for the Lower Courts pursuant
to OCA Circular No. 03-2006, January 5, 2006 ......................... 65
G. Committee on Decorum and Investigation .................................. 65

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IX. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF
EXECUTIVE JUDGES ON FINANCIAL MANAGEMENT
A. Legal Fees and Guidelines on the Allocation of Legal Fees ................ 65
B. Reporting of Court Collections ........................................................ 66
C. Financial Audit of Court Collections ................................................ 66
X. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF
EXECUTIVE JUDGES ON NOTARIES PUBLIC
Appointment and Supervision of Notaries Public ................................... 66
XI. SPECIFIC DUTIES OF EXECUTIVE JUDGES ON
ACCREDITATION OF NEWSPAPERS AND PERIODICALS
A. Guidelines on the Accreditation of Newspapers and Periodicals
Seeking to Publish Judicial and Legal Notices and
Other Similar Announcements and in the Raffle Thereof .................. 67
B. Accreditation of Two or More Newspapers of the Same Owner
is not allowed ................................................................................. 67
C. Clarification of the Guidelines on the Accreditation of Newspapers
and Periodicals .............................................................................. 67
XII. SPECIFIC DUTIES OF EXECUTIVE JUDGES ON
ACCREDITATION OF BONDING COMPANIES .............................. 68
XIII. SPECIFIC DUTIES OF EXECUTIVE JUDGES ON
COURT PROPERTY AND OTHER MATTERS

A. Monthly Submission of Inventory Report and Submission

of Estimated Consumption of Office Supplies .................................... 69
B. Physical Inventory of Court Issued Properties ................................. 69
C. Distribution and Dissemination of Court Issuances .......................... 69
D. Sale of Disposed Court Records, Papers and Exhibits ....................... 69
E. Use of Court Libraries ....................................................................69
F. Halls of Justice and Courthouses .................................................... 69
G. Posting of Guidelines on the Solemnization of Marriage ................... 70
H. Bar Relations ................................................................................ 70
I. Annual Report ............................................................................... 70

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XIV. ANNEXES

Annex “A” - A.M. No. 03-8-02-SC (Guidelines on the Selection and

Designation of Executive Judges and Defining their Powers,
Prerogatives and Duties) .......................................................... 71
Annex “B” - Circular No. 7 dated June 3, 1986 (relating to the
provisions of Circular No. 7 dated September 23, 1974
on the Pairing System) .............................................................. 102
Annex “C” - Administrative Order No. 134-92 (Pairing System for
Single Sala Stations) ................................................................. 103
Annex “C-1” - Administrative Order No. 19-97 (Amendment of Administrative
Order No. 134-92) ................................................................... 105
Annex “D” - Circular No. 19-98 (Expanded Authority of Pairing Courts) ....... 107
Annex “E” - OCA Circular No.. 03-2006 (Grievance Machinery for Lower
Courts) .................................................................................. 108
Annex “F” - A.M. 03-03-13-SC (Committee on Decorum and Investigation) ..... 120
Annex “G” - 2004 Rules on Notarial Practice .............................................. 127
Annex “G-1” - Memorandum of Agreement on the 2004 Rules on
Notarial Practice .................................................................... 146
Annex “H” - A.M. No. 01-1-07-SC (Guidelines in Accreditation of
Newspapers and Periodicals Seeking to Publish Judicial
and Legal Notices and Other Similar Announcements and in
the Raffle Thereof) .................................................................. 148
Annex “I” - OCA Circular No. 78-2005 (Implementing A.M. 01-1-07-SC) ...... 153
Annex “J” - A.M. No. 04-7-02-SC (Guidelines on Corporate Surety Bonds) ....155
Annex “K” - Administrative Order No. 120-2007 (Guidelines in the Disposal
and/or Destruction of Court Records, Papers and Exhibits) ....... 166
Annex “L” - A.M. No. 07-3-02-SC (Guidelines on the
Jail Visitation and Inspection) ........................................... 169

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viii
 Introduction
Executive Judges exercise administrative supervision over judges
and court personnel within their territorial jurisdiction and derive their
powers and prerogatives through delegation by the Supreme Court. They
play a very important role in the management of the day-to-day
proceedings of the courts. However, with the issuance of voluminous
resolutions, administrative orders and circulars of the Court, it is very
difficult for Executive Judges to keep abreast with policies, norms and
guidelines on court management, personnel administration, financial
operations and other tasks expected from them. The need for a handy
and easy reference material is thus, apparent, hence, the Philippine
Judicial Academy (PHILJA), through its Academic Council, constituted
a Committee tasked to develop a Manual for Executive Judges.

The Committee compiled all pertinent issuances and the latest

jurisprudence of the Supreme Court, with practical guidelines and
commentaries, to assist Executive Judges in the discharge of their
administrative functions.

It is hoped that this Manual would be used to improve the

management of the courts and supervision of judges as well as court
personnel within their jurisdiction for the speedy delivery and
administration of justice.

Justice ALFREDO L. BENIPAYO (ret.)

Chair, Department of Remedial Law, PHILJA
Project Director

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 Preface
Since 1996, the Philippine Judicial Academy (PHILJA) has been
conducting seminars for Executive Judges. From 1996, it has held 18
training programs and has trained approximately 763 Executive Judges
nationwide.

The Academy recognizes the important role the Executive Judges

play in the delivery of justice to the people. They exercise administrative
supervision over judges of the first and second level courts within their
territorial jurisdiction, deriving their powers and prerogatives through
delegation by the Supreme Court.

Thus, it is with a sense of accomplishment that the Academy

presents the Manual for Executive Judges.

We acknowledge the following authors who provided time, effort

and expertise in developing this Manual: Court Administrator Jose P.
Perez and ACA Thelma C. Bahia, were in charge of culling voluminous
resolutions, administrative orders and circulars of the Court; Judge
Thelma A. Ponferrada and Judge Myra G. Fernandez, representing the
trial courts, were responsible for citing pertinent provisions of the Rules
of Court in civil and criminal cases; and DCA Bernardo T. Ponferrada
(ret.) took charge of Court-Annexed Mediation and other ADR
Mechanisms. The Project Director is Justice Alfredo L. Benipayo (ret.)
who also heads PHILJA’s Department of Remedial Law. We also thank
Professor Myrna S. Feliciano, the Editor, and Justice Marina L. Buzon
(ret.), PHILJA Executive Secretary, the Assistant Editor.

The Manual has been arranged chronologically. It defines the role

of Executive Judges from the assignment and distribution of cases to
other functions being performed by them. Along with the compilation of
issuances of the Court are annotations and commentaries by the authors,
providing practical insights on how particular scenarios and grey areas
could be best dealt with.

The Academy extends its sincere appreciation to the U.S. Agency

for International Development (USAID) and the American Bar
Association – Rule of Law Initiative (ABA-ROLI), through its Country
Representative, Mr. Scott P. Cimentt, Esq., for their continued support
and cooperation.

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 We trust that with the publication of this Manual, Executive
Judges will be properly guided in the management of the courts to ensure
the efficient and effective administration of justice.

AMEURFINA A. MELENCIO HERRERA

Chancellor

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 Foreword
United States President William Howard Taft once said “It is well
that judges should be clothed in robes, not only, that they who witness
the administration of justice should be properly advised that the
function performed is one different from, and higher, than that which a
man discharges as a citizen in the ordinary walks of life; but also, in order
to impress the judge himself with the constant consciousness that he is a
high priest in the temple of justice and is surrounded with obligations of
a sacred character that he cannot escape and that require his utmost
care, attention and self-suppression.”

Undeniably, the public’s expectations of judges are very high.

Judges are revered and accorded great respect by our people as they
carry out a profession entirely dedicated to public service and integrity.
Notwithstanding this colossal responsibility, executive judges, who take
charge of the administrative work of the Supreme Court in all first and
second level courts, are also given additional tasks that are crucial to the
administration of justice. Together with their duties of adjudication,
executive judges are also bound to execute several duties of
administration. Though this assignment is essentially an added burden,
executive judges are consequently accorded a great opportunity to have a
more active hand in the turning of the wheels of justice.

Due to the arduous and focal nature of this obligation, our executive
judges need guidance and a strict set of standards. Though these
standards are embodied in several circulars, memoranda, Court issuances,
and statutes, the schedules of our executive judges are so hectic that they
may sometimes lack the time to browse through all of these guidelines in
their separate forms. Certainly, a manual which collates all relevant
materials which an executive judge needs to know is highly necessary.

Realizing the need for such guide, the Philippine Judicial

Academy (PHILJA), through its Committee on the Development of a
Manual for Executive Judges chaired by Justice Alfredo L. Benipayo and
with support from the American Bar Association Rule of Law Initiative
(ABA-ROLI), has assiduously produced this Manual for Executive Judges.
This manual, in its entirety, successfully provides a support for the
administrative tasks of our executive judges and steers them towards a
direction of sound decisions and correct dispositions.

xiii
 We welcome this extremely constructive endeavor and look
forward to see its effects on the administration of justice. We believe
this Manual will principally aid our executive judges in carrying out
their responsibilities with efficiency and with a renewed sense of the
significance of their duty.

Hon. REYNATO S. PUNO

Chief Justice

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 Acknowledgment
The American Bar Association - Rule of Law Initiative (ABA-ROLI) works
throughout the world to promote the education and professional capacity
of judges, lawyers and court personnel. These efforts are designed to
strenghten the rule of law and to enhance public confidence in the
judiciary. Helping Executive Judges take charge of the administrative
work of the Supreme Court in all first and second level courts is a key
component of our court management support activities. To develop this
Manual for Executive Judges, ABA-ROLI collaborated with the Philippine
Judicial Academy (PHILJA). ABA-ROLI and PHILJA hope that this
manual will guide executive judges thoughout the country in the discharge
of their professional duties and responsibilities making them more
effective court managers in their respective judicial regions.

ABA-ROLI wishes to acknowledge and thank the members of the working

committee, chaired by Alfredo Benipayo, Project Director. The writers
included DCA Bernardo T. Ponferrada, CA Jose P. Perez, Judge Thelma
A. Ponferrada, Judge Myra G. Fernandez and ACA Thelma C. Bahia, with
Prof. Myrna S. Feliciano as editor and Justice Marina L. Buzon as assistant
editor. We would like to extend our thanks to the staff of PHILJA, most
especially to its Chancellor, Justice Ameurfina A. Melencio Herrera, as
well as the other support staff of the project team. ABA-ROLI also wishes
to acknowledge the financial support of the U.S. Agency for International
Development (USAID).

Mr. SCOTT P. CIMENT, Esq.

Country Director
American Bar Association-Rule of Law Initiative
Manila, Philippines

This publication was made possible though support provided by the U.S. Agency for International
Development Philippines Mission, under the terms of the Cooperative Agreement No. 492-A-00-03-
00018-00. The opinions expressed herein are those of the author(s) and do not necessarily reflect the
view of the U.S. Agency for International Development.

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 MANUAL FOR EXECUTIVE JUDGES

I. NATURE OF THE OFFICE OF THE EXECUTIVE JUDGE

Executive Judges take charge of the administrative work of the Supreme
Court in all first and second level courts, and derive their powers and
prerogatives through delegation by the Supreme Court. (A.M. No. 03-8-02-
SC, effective February 15, 2004, Chapter I, Sec. 1)

II. GENERAL POWERS, PREROGATIVES AND DUTIES OF EXECUTIVE

JUDGES
Executive Judges shall, within their respective areas of administrative
supervision:
a) Provide leadership in, and coordinate with, the management of the
first and second level courts;
b) Exercise supervision over the judges and personnel;
c) Balance the workload among the courts and maintain equitable
distribution of cases in accordance with relevant existing issuances;
d) Recommend and implement policies concerning court operations;
e) Identify, address and resolve problems in court administration which
do not require any intervention by the Supreme Court or Court
Administrator;
f) Direct, through the Clerk of Court, the undertaking of staff support
activities to improve judiciary services in accordance with relevant
existing issuances;
g) Initiate, propose and supervise the implementation of professional
development programs for judicial personnel that the Philippine
Judicial Academy, in coordination with the Office of the Court
Administrator, may undertake;
h) Exercise such other powers and prerogatives as may be necessary
or incidental to the performance of their functions in relation to court
administration; and
i) Perform such other functions and duties as may be assigned by the
Supreme Court or the Court Administrator.
(A.M. No.03-8-02-SC, effective February 15, 2004, Chapter IV, Sec. 1)

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III. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF EXECUTIVE
JUDGES IN JUDICIAL SUPERVISION
ASSIGNMENT AND DISTRIBUTION OF CASES
A. Raffle of Cases
All cases filed with the first and second level courts in stations with two
or more branches shall be assigned or distributed to the different
branches by raffle. No case shall be assigned to any branch of a multiple-
branch court without being raffled. Raffle of cases shall be regularly
conducted at two o’clock in the afternoon every Monday and/or Thursday
as warranted by the number of cases to be raffled. (A.M. No. 03-8-02-
SC, effective February 15, 2004, Chapter V, Section 2)
The raffle of cases is vital to the administration of justice because it is
intended to ensure impartial adjudication of cases and to obviate public
suspicion regarding assignment of cases to predetermined judges. (A.M.
No. RTJ-00-1545, August 6, 2003)
Supervision over the raffling of cases is the personal duty and
responsibility of the Executive Judge. (A.M. RTJ-99-1485, October 11,
2001)
1. Constitution of the Raffle Committee
The Executive Judge shall constitute the Raffle Committee and
shall personally supervise the raffle and assignment of cases.
All members of the Raffle Committee must be personally present
before the Committee can transact business. No delegation to
any personnel shall be made by any member of the Raffle
Committee.
In two-branch courts, the Raffle Committee shall be composed
of the Executive Judge and the Presiding Judge of the other
branch.
In multiple-branch courts, the Raffle Committee shall be
composed of the Executive Judge, the Vice-Executive Judges
and two (2) other judges designated by the Executive Judge.
The designation shall be effected strictly on rotation basis. Should
any of the judges designated as member of the Raffle Committee
be absent, the pairing judge shall personally attend the raffle.
In both instances, the Raffle Committee shall be assisted by the
Clerk of Court and two (2) stenographers. (A.M. No. 03-8-02-
SC, effective February 15, 2004, Chapter V, Section 3)

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2. Procedure in the Raffle of Cases
The following procedure shall be observed in the conduct of
the raffle of cases:
a) Notice of day and hour of the raffle. – Notice of the day and
hour of the raffle shall be posted prominently: (1) on the
bulletin boards of the Hall of Justice or courthouse; (2) at a
conspicuous place at the main door of the session hall of the
Executive Judge; and (3) on the bulletin board of the Office
of the Clerk of Court.
b) Filing of cases with the Office of the Clerk of Court. – Upon
its filing, the case shall be immediately encoded in the standby
diskette prepared for cases to be raffled to avoid delay in the
preparation of the raffle list.
c) Listing of cases. – The cut-off period for the inclusion of
cases in the list shall be twelve o’clock noon of the day of
filing to allow sufficient time for the preparation of a complete
raffle list for posting and distribution of copies to all judges
before the raffle. The Clerk of Court shall furnish each judge
in the court with a copy of the raffle list at least thirty (30)
minutes before the scheduled raffle.
The list of cases to be raffled shall be arranged according to
the sequence of the docket numbers.
There shall be a list for criminal cases and another for civil
cases.
The list of criminal cases shall first enumerate those
exclusively cognizable by family courts, special courts for
drug cases, special commercial courts and other special
courts in that order.
The list of civil cases shall first enumerate the cases
cognizable by the courts designated as family courts, followed
by those cognizable by special commercial courts, and other
special courts.
The raffle list shall be prominently posted: (1) at the main
entrance of the session hall of the Executive Judge; and (2)
on the bulletin board of the Office of the Clerk of Court.
d) Conduct of the raffle. – The raffle shall be undertaken with
the use of a roulette or, if it is not available, a bingo tambiolo,
in open court in the presence of lawyers and the public. The

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 raffle shall be conducted at the lawyers’ table by the Executive
Judge personally and with the attendance of the members of
the Raffle Committee. Under no circumstance shall any raffle
be made in chambers.
The members of the Raffle Committee shall each confirm in
open court the branch to which a case is raffled before the
next draw is made.
The two (2) stenographers shall record accurately the raffle
proceedings and shall state in the minutes thereof, among
other things, the names of all those required to be present
and the parties attending, if any. The stenographers shall
immediately, but not later than twenty-four (24) hours
thereafter, transcribe, duly accomplish and sign the minutes
of the raffle proceedings.
e) Indication of case assignment. – Immediately after the raffle
of each case, the Executive Judge shall indicate the particular
branch to which the case is assigned, the same to be written
in words and in figures on the upper left hand corner of the
first page of the original complaint or information and initialled
by the Executive Judge and all members of the Raffle
Committee.
f) Verification of accuracy of assignment of cases. – Every judge
sitting in the Raffle Committee shall then initial on the upper
left hand corner of the first page of the pleading, but only
after a thorough verification of the accuracy of the assignment
of the cases to the branches drawn in the raffle. The
Executive Judge shall be the last to initial as herein required
and only after proper verification of the accuracy of the entries
in the minutes.
g) Review and countercheck of entries in the minutes. – Judges
sitting in the Raffle Committee shall review the entries in the
minutes and countercheck the same with their own entries
in their list before signing on every page thereof. They shall
not affix their signatures thereon unless they have thoroughly
verified the accuracy of the entries in the minutes.
h) Immediate distribution of records of raffled cases. – After the
raffle, the Clerk of Court shall distribute the case records to
the branches to which the cases have been raffled within a
reasonable time but not later than the following day.

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 i) Posting and distribution of copies of the minutes. – A copy of
the minutes of the raffle proceedings showing the case
numbers and the branches to which they have been assigned,
duly certified by the Executive Judge and signed by the
members of the Raffle Committee, shall immediately be
posted on the bulletin boards of the Executive Judge and the
Clerk of Court. Each branch of the court shall be furnished
with copies of the minutes. A copy of the minutes shall also
be sent to the Court Management Office of the Office of the
Court Administrator.
(A.M. No. 03-8-02-SC, effective February 15, 2004, Chapter
V, Section 4)
3. Cases/Matters for Raffle
a) Newly Filed Cases
Newly filed cases refer to cases which have never been
assigned by raffle to any branch of the same multi-branch
court level.
b) Unloaded Cases, if authorized
Cases where trial has begun before Special Courts shall not
be unloaded. The trial of a civil case is considered to have
already begun when the pre-trial had already been conducted
and a pre-trial order issued. The trial of a criminal case is
considered to have already begun when the accused or any
of them had already been arraigned. (Administrative Circular
No. 3-94, January 26, 1994; A.M. No. 99-11-07, February 1,
2000; A.M. No. 00-8-01-SC, August 1, 2000)
c) Cases where the Assigned Judge Inhibited or was
Disqualified
The inhibition and disqualification of judges are judicial actions
which do not require prior approval of the Executive Judge.
(Circular No. 7, November 10, 1980; Administrative Circular
No. 1, January 28, 1988)
d) Applications for Solemnization of Marriage
Requests for solemnization of marriages submitted to first
and second level courts in stations with two or more branches
shall be governed by the rules and procedures in the raffle of
cases. Raffle of requests shall be effected upon payment of
appropriate legal fees. (Administrative Order No. 125-2007,
August 1, 2007; OCA Circular No. 87-2008, September. 8,
2008)
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e) Judicial or Legal Notices for Publication
Section 1 of Presidential Decree No. 1079 (1977) on the
requirement of publication of judicial notices provides:
“All notices of auction sales in extrajudicial foreclosure of
real estate mortgage under Act No. 3135, as amended,
judicial notices such as notices of sale on execution of
real properties, notices in special proceedings, court
orders and summonses, and all similar announcements
arising from court litigation required by law to be published
in a newspaper or periodical of general circulation in
particular provinces and/or cities, shall be published in
newspapers or publications published, edited and
circulated in the same city and/or province where the
requirement of general circulation applies; Provided, That
the province or city where the publication’s principal office
is located shall be considered the place where it is edited
and published; Provided further, That in the event there
is no newspaper or periodical published in the locality,
the same may be published in the newspaper or periodical
published, edited and circulated in the nearest city or
province; Provided finally, That no newspaper or periodical
which has not been authorized by law to publish and
which has not been regularly published for at least one
year before the date of publication of the notices or
announcements which may be assigned to it shall be
qualified to publish the said notices.”
Section 2 of Presidential Decree No. 1079 (1977) on the
requirement of raffle of judicial notices for publication provides:
“The executive judge of the Regional Trial Court shall
designate a regular working day and a definite time each
week during which the said judicial notices or
advertisements shall be distributed personally by him for
publication to qualified newspapers or periodicals as
defined in the preceding section, which distribution shall
be done by raffle; Provided, That should the
circumstances require that another day be set for the
purpose, he shall notify in writing the editors and
publishers concerned at least three (3) days in advance
of the designated date; Provided, further, That the
distribution of the said notices by raffle shall be dispensed
with in case only one newspaper or periodical is in
operation in particular province or city.”

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 All notices, announcements and advertisements subject
hereof shall be distributed for publication to accredited
newspapers or periodicals by raffle. No such notices,
announcements and advertisements may be assigned for
publication without being raffled. (A.M. No. 01-1-07-SC dated
October 16, 2001, Sec. 10, first paragraph; Circular No. 78-
2005, July 29, 2005)
The raffle of judicial or legal notices for publication shall be
included in the regular raffle of cases, provided that special
raffles may be conducted for notices that need to be published
before the regular raffle could be conducted. (A.M. No. 01-
1-07-SC, October 16, 2001, Sec. 10, 2nd paragraph; Circular
No. 78-2005, July 29, 2005)
To forestall complaints from publishers of newspapers
relative to the participation of publications not qualified to
publish judicial notices and other similar announcements in
the distribution by raffle of the said notices and to prevent the
commission of any irregularity, unnecessary commercialism
and unfair competition among community newspapers, all
Executive Judges concerned should strictly comply with
Presidential Decree No. 1079 (1977). (Circular No. 5-98,
January 12, 1998)
f) Applications for Extra Judicial Foreclosure of Mortgage
The Executive Judge shall, with the assistance of the Clerk
of Court and Ex- Officio Sheriff, raffle extra-judicial foreclosure
sales cases among all sheriffs including those assigned to
the Office of the Clerk of Court, and Sheriffs IV assigned in
the branches. (Administrative Order No. 3, October 19, 1984,
as amended by Administrative Circular No. 3-98, February
5, 1998).
The Executive Judge shall supervise the raffle with the
assistance of the Clerk of Court. A sheriff to whom the case
has been raffled shall be excluded in the succeeding raffles
and shall participate again only after all other sheriffs shall
have been raffled a case each (Administrative Circular No.
3-98, February 5, 1998).
4. Exclusion of Vacant Branches from Raffle
All vacant branches without regular judges shall be excluded from
the raffle. However, once the vacancies are filled, the Executive Judge
shall ensure that newly-filed cases shall be raffled to all the branches

7
 on a 6:2:1 ratio as follows: six (6) newly-filed cases to each of the
newly-filled branches; two (2) newly-filed cases to the existing branch
or branches; and one (1) newly-filed case to the branch of the
Executive Judge, until such time when the newly-filled branches in
the station shall have been assigned such number of cases as will
be equivalent to the number of cases raffled to the other branches
during the period of vacancy. (A.M. No. 03-8-02-SC, effective
February 15, 2004, Chapter V, Section 5)
5. Raffle of Cases Involving the Issuance of Temporary Restraining
Orders
When an application for a writ of preliminary injunction or a temporary
restraining order is included in a complaint or any initiatory pleading,
the case, if filed in a multiple-branch court, shall be raffled only after
notice to the adverse party or the person to be enjoined. In any
event, such notice shall be preceded, or contemporaneously
accompanied, by service of summons, together with a copy of the
complaint or initiatory pleading and the applicant’s affidavit, upon the
adverse party in the Philippines. (1997 Rules of Civil Procedure,
Rule 58, Sec. 4 [c]; A.M. No. 03-8-02-SC, effective February 15,
2004, Chapter V, Section 7)
However, where the summons could not be served personally or by
substituted service despite diligent efforts, or the adverse party is a
resident of the Philippines temporarily absent therefrom or is a non-
resident thereof, the requirement of prior or contemporaneous service
of summons shall not apply. (1997 Rules of Civil Procedure, Rule
58, Sec. 4 [c])
The records shall be transmitted immediately to the branch selected
by raffle. (1997 Rules of Civil Procedure, Rule 58, Sec. 4 [d]; A.M.
No. 03-8-02-SC, effective February 15, 2004, Chapter V, Section 7)
6. Special Raffle
As a rule, there shall be no special raffle of any case except in petitions
for writ of habeas corpus, applications for bail in cases where the
complaint or information has not yet been filed with the court,
applications for the issuance of a temporary restraining order (TRO),
cases involving foreign tourists, cases with motions for special raffle
accompanied by a motion for reduction of bail, applications for the
issuance of search warrants, applications for protection order,
petitions for writ of amparo and petitions for writ of habeas data.
The special raffle shall be conducted upon written application of a
party. A certification granting or denying the application and citing

8
 the reason/s therefor shall be issued accordingly. Such certification
shall be attached to the record of the case or expediente immediately
and shall form part of the record of the case. For expediency, the
Executive Judge shall be allowed to write the action on the application
if there are no other reasons aside from those mentioned in the
application.
If the application is granted, the special raffle shall be held in the
session hall of the Executive Judge in the presence of the members
of the Raffle Committee scheduled to sit on the date of raffle, or, if
not available, the members of the Raffle Committee of the next regular
raffle. The phrase “special raffle” shall be written on the upper left-
hand corner of the complaint or information in the same manner as
in regular raffle. A certification to the effect that a special raffle was
duly held and that the case was assigned to the branch drawn in the
process shall be issued and signed by all the members of the Raffle
Committee.
The date and time of the raffle shall be written on the front cover of
the record of the case or expediente and on the first page of the
initial pleading and signed by the members of the Raffle Committee.
In the preparation of the list of cases to be included in the next regular
raffle, the Clerk of Court shall include the cases specially raffled
prior to the scheduled regular raffle, indicating therein the branch to
which these cases have been assigned. Except as stated above,
all other procedures outlined above shall be observed.
If the application for special raffle is denied, the case shall be included
in the list of cases for the next regular raffle. (A.M. No. 03-8-02-SC,
effective February 15, 2004, Chapter V, Section 6)
7. Specific Guidelines on Raffle of Cases Falling within the Jurisdiction
of Special Courts:
a) Cases Falling within the Jurisdiction of the Family Courts
Under Section 5 of Republic Act No. 8369, otherwise known as the
Family Courts Act of 1997, Family Courts shall exclusively try and
decide the following cases:
1) Criminal cases where one or more of the accused is below
eighteen (18) years of age but not less than nine (9) years of
age, or where one or more of the victims is a minor at the
time of the commission of the offense;
2) Petitions for guardianship, custody of children, habeas corpus
in relation to the latter;

9
3) Petitions for adoption of children and the revocation thereof;
4) Complaints for annulment of marriage, declaration of nullity
of marriage and those relating to marital status and property
relations of husband and wife or those living together under
different status and agreements, and petitions for dissolution
of conjugal partnership of gains;
5) Petitions for support and/or acknowledgment;
6) Summary judicial proceedings brought under the provisions
of Executive Order No. 209, otherwise known as the Family
Code of the Philippines;
7) Petitions for declaration of status of children as abandoned,
dependent or neglected children, petitions for voluntary or
involuntary commitment of children, suspension, termination
or restoration of parental authority and other cases
cognizable under Presidential Decree No. 603, Executive
Order No. 56 (series of 1986), and other related laws;
8) Petitions for the constitution of the family home;
9) Cases against minors under the Dangerous Drugs Act, as
amended;
10) Violations of Republic Act No. 7610 otherwise known as the
Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act, as amended by Republic
Act No. 7658;
11) Cases of Domestic Violence against -
a) Women – which are acts of gender-based violence that
result, or are likely to result in physical, sexual or
psychological harm or suffering to women, and other
forms of physical abuse such as battering or threats and
coercion which violate a woman’s personhood, integrity
and freedom of movement; and
b) Children – which include the commission of all forms of
abuse, neglect, cruelty, exploitation, violence and
discrimination and all other conditions prejudicial to their
development.
If any question involving any of the above matters should arise
as an incident in any case pending in the regular courts, said
incident shall be determined in that court.

10
 In stations where no branches of the Regional Trial Court are
designated as Family Courts, the cases falling within the
jurisdiction of the Family Courts shall be raffled among the
branches of the Regional Trial Court within the same station which
shall try and decide such cases according to existing issuances.
(OCA Circular No. 96-2003, July 31, 2003)
However, the branches of the Regional Trial Court in these
stations which have previously been designated to try and decide
juvenile and domestic relations cases and cases involving
youthful offenders shall continue to take cognizance of such
cases. (A.M. No. 99-11-07-SC, February 1, 2000, Sec. 1)
Additional cases other than those provided in Section 5 may be
assigned to Family Courts when their dockets permit; Provided,
that such additional cases shall not be heard on the same day
family cases are heard. (Republic Act No. 8369 [1997], Sec. 17)
b) Cases Cognizable by Drug Courts
1) Only courts designated by the Supreme Court as a special
court for drugs cases can take cognizance of violations of
Republic Act No. 9165. (Republic Act No. 9165 [2002], Sec.
90; A.M. No. 05-9-03-SC, October 11, 2005, paragraph no.
1; OCA Circular No. 112-2005, October 25, 2005)
2) While special courts for drugs cases are not prohibited from
hearing non-drug related cases. Executive Judges shall
continue to exempt them from the regular and special raffle
of cases “including applications for bail, writs and processes”
which do not involve violations of Republic Act No. 9165, until
further orders from the Supreme Court. (A.M. No. 05-9-03-
SC, October 11, 2005, paragraph no. 3; OCA Circular No.
112-2005, October 25, 2005)
3) If, in the opinion of the Executive Judge, the caseload of certain
drug courts allows their inclusion in the regular raffle without
adversely affecting their ability to expeditiously resolve the
drugs cases assigned to them and their inclusion in the regular
raffle becomes necessary to decongest the caseload of
other branches, the concerned Executive Judges shall
recommend to the Supreme Court the inclusion of drug
courts in their jurisdiction in the regular raffle. The concerned
drug courts shall remain exempt from the regular raffle until
the recommendation is approved. (A.M. No. 05-9-03-SC,
October 11, 2005, paragraph no. 4; OCA Circular No. 112-
2005, October 25, 2005)

11
4) The branches designated as Special Courts for drugs cases
shall continue to perform their functions as such even after
the retirement, transfer or detail of the incumbent judges
appointed or designated to preside over them. Their
successors, whether permanent or temporary, shall act as
Presiding Judges of these special courts unless the Supreme
Court directs otherwise. (A.M. No. 00-08-01-SC, August 1,
2000)
5) Disposition of Dangerous Drugs which are under preliminary
investigation or reinvestigation pursuant to court order.
a) Upon the receipt of the final certification of the forensic
laboratory examination results issued by the government
forensic laboratory, pursuant to Section 21 of Republic
Act No. 9165 and Section 4 of Board Regulation No. 1,
Series of 2002, the Philippine Drug Enforcement Agency
(PDEA) may file a petition for the immediate destruction
of the confiscated, seized and/or surrendered dangerous
drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, instruments/
paraphernalia and/or laboratory equipment with the
Regional Trial Court presided by the Executive Judge of
the province or city where the confiscation, seizure and/
or surrender took place. If the confiscation, seizure or
surrender was by virtue of a search warrant, the
appropriate motion shall be filed with the Court which
issued the said search warrant. In both instances, the
petition or motion shall be filed with the prior written
conformity of the Provincial or City Prosecutor which shall
be indicated with the pleading. The trial court where the
criminal case is subsequently filed shall take judicial notice
of the proceedings thereof. (Dangerous Drugs Board
Regulation No. 1, Series of 2007, Sec. 3 [a])
b) After the filing of the petition or motion, as the case may
be, the Court shall, within seventy-two hours, conduct
an ocular inspection of the confiscated, seized, and/or
surrendered dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential
chemicals, instruments/paraphernalia, and/or laboratory
equipment. (Dangerous Drugs Board Regulation No. 1,
Series of 2007, Section 3 [b])
c) Within twenty-four hours after the Court inspection, the
Court through the PDEA shall proceed with the

12
 destruction or burning or disposal of subject items in the
presence of the accused or person/s from whom such
items were confiscated and/or seized, or his
representative or counsel, a representative from the
media and the Department of Justice (DOJ), civil society
groups and any elected official. (Republic Act No. 9165,
Sec. 21 [4]; Dangerous Drugs Board Regulation No. 1,
Series of 2007, Sec. 3 [c]; OCA Circular No. 06-2006,
January 16, 2006)
d) Prior to their destruction, representative samples of
dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals shall be
taken and duly weighed and recorded by the forensic
laboratory which conducted the examination for
presentation as evidence in the trial court. Maximum
quantities of samples to be retained are provided in Board
Regulation No. 1, Series of 2007, issued by the
Dangerous Drugs Board. (OCA Circular No. 53-2007,
May 21, 2007)
6) Procedure on disposition of dangerous drugs when the
criminal case is already filed in court:
a) After the filing of the criminal case, the Court shall, within
seventy-two (72) hours, conduct an ocular inspection of
the confiscated, seized and/or surrendered dangerous
drugs, plant sources of dangerous drugs, and controlled
precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment,
and through the PDEA shall within twenty-four (24) hours
thereafter proceed with the destruction or burning of the
same, in the presence of the accused or the person/s
from whom such items were confiscated and/or seized,
or his/her representative or counsel, a representative from
the media and the DOJ, civil society groups and any
elected public official. The Board shall draw up the
guidelines on the manner of proper disposition and
destruction of such item/s which shall be borne by the
offender: Provided, That those item/s of lawful
commerce, as determined by the Board, shall be donated,
used or recycled for legitimate purposes: Provided,
further, That a representative sample, duly weighed and
recorded, is retained.

13
 b) The Board shall then issue a sworn certification as to the
fact of destruction or burning of the subject item/s which,
together with the representative sample/s in the custody
of the PDEA, shall be submitted to the court having
jurisdiction over the case. In all instances, the
representative sample/s shall be kept to a minimum
quantity as determined by the Board.
c) The alleged offender or his/her representative or counsel
shall be allowed to personally observe all of the above
proceedings and his/her presence shall not constitute
an admission of guilt. In case the said offender or accused
refuses or fails to appoint a representative after due notice
in writing to the accused or his/her counsel within seventy-
two (72) hours before the actual burning or destruction
of the evidence in question, the Secretary of Justice shall
appoint a member of the public attorney’s office to
represent the former. (Sec. 21, [4-6] Republic Act No.
9165 and its Implementing Rules and Regulations)
7) Jurisdiction over Drugs Cases involving Minors:
a) As a rule, family courts shall have jurisdiction over drugs
cases involving minors.
b) In areas where there are no family courts but there are
special drug courts, the latter shall take jurisdiction over
the case.
c) In areas where both family courts and special drugs
courts have been designated, the case shall be assigned
or raffled to a family court.
d) In areas where both family courts and special drug courts
have not been designated, the case shall be raffled among
the branches of the Regional Trial Court within the same
station.
e) In areas where there is only a single-sala Regional Trial
Court, which has been designated either as a family court
or as a special drug court or has not been designated as
such at all, it shall take jurisdiction over the case.
(Administrative Circular No. 20-2003, March 19, 2003)
c) Cases Cognizable by the Special Commercial Courts
1) The Special Commercial Courts shall try and decide cases
involving violations of Intellectual Property Rights which fall

14
 within their jurisdiction and those cases formerly cognizable
by the Securities and Exchange Commission. (OCA Circular
No. 82-2003, June 30, 2003)
It shall also handle violations of intellectual property rights
under Intellectual Property Code, Republic Act No. 8293.
(A.M. No. 03—03-03-SC, June 17, 2003)
2) All cases involving admiralty and maritime laws shall be tried
and decided by Special Commercial Courts, except those
which have already undergone the pre-trial stage in civil cases
and arraignment stage in criminal cases in the ordinary courts,
in which case the same shall be retained by the court
previously assigned to try them. The unloaded cases
transferred to the Special Commercial Courts shall be
considered as raffled to them to maintain an equal distribution
of cases. (OCA Circular No. 50-2005, May 3, 2005)
3) In order to ensure a just and equitable distribution of cases,
the designated Special Commercial Courts shall continue to
participate in the raffles of other cases; Provided, however,
that the Executive Judge concerned shall adopt a procedure
whereby every IP/SEC/Admiralty or Maritime case assigned
to a Special Commercial Court should be considered a case
raffled to it and be duly credited to such court. (OCA Circular
No. 82-2003, June 20, 2003)
d) Cases falling within the Original and Exclusive Jurisdiction of
Regional Trial Courts designated as Special Agrarian Courts
1) The Special Agrarian Courts (Regional Trial Courts) shall have
original and exclusive jurisdiction over all petitions for the
determination of just compensation to land owners, and the
prosecution of all criminal offenses under Republic Act No.
6657. The Rules of Court shall apply to all proceedings before
the Special Agrarian Courts, unless modified by the Act
(Republic Act No. 6657 [1988], Sec. 57; OCA Circular No.
39-2005, May 4, 2005). See also Administrative Circular No.
29-2002, July 21, 2002, delineating jurisdiction over agrarian
disputes to avoid conflict with the Department of Agrarian
Reform or the Department of Environment and Natural
Resources.
e) Petitions for Inclusion or Exclusion of Voters and Appeals in these
Cases
1) The salas of Executive Judges of Metropolitan Trial Courts

15
 and Municipal Trial Courts in Cities, and the Municipal Trial
Courts and Municipal Circuit Trial Courts are designated as
special courts to exclusively hear and decide petitions for
inclusion or exclusion of voters. The salas of Executive
Judges of Regional Trial Courts are likewise designated as
special courts in multiple-sala stations to take cognizance of
appeals from said cases. (Administrative Circular No. 59-
2003, November 5, 2003)
2) In case there is a need for an additional branch in multiple-
sala stations to be designated as such special court because
of the large number of petitions being filed, the Executive
Judges concerned can designate the presiding judges of their
respective paired courts to help in the disposition of said
cases by dividing the number of inclusion and exclusion cases
equally between them. (Administrative Circular No. 59-2003,
November 5, 2003)
3) The Executive Judges concerned shall immediately notify
this Court, through the Office of the Court Administrator, of
their decision to designate another special court and their
justifications therefor. The Office of the Court Administrator
shall revoke the additional designation if it finds the same
unwarranted. (Administrative Circular No. 59-2003,
November 5, 2003)
4) The inclusion and exclusion cases assigned to the special
courts shall be credited to them in the counting of other cases
that should be raffled to them. The Executive Judges may,
however, exempt their salas and the other designated special
courts from the raffle, or limit the number of other cases that
could be raffled to their salas and to the other special courts
if in their judgment these measures are necessary for the
expeditious disposition of inclusion and exclusion cases.
(Administrative Circular No. 59-2003, November 5, 2003)
5) These cases shall be heard and decided without delay. The
decision shall be rendered within six hours after the hearing
and within ten days from the date of its filing in court. Cases
appealed to the Regional Trial Court shall be decided within
ten days from receipt of the appeal in the Office of the Clerk
of Court. In any case, the court shall decide these petitions
not later than the day before the election, and the decision
rendered thereon shall be immediately final and executory,
notwithstanding the provisions of Section 138 on the finality
of decisions. (Sec. 143 of Batas Pambansa Blg. 881, also

16
 known as Omnibus Election Code of the Philippines;
Administrative Circular No. 59-2003, November 5, 2003)
6) Considering that the time limit to decide appealed cases in
the Regional Trial Courts is counted from the time the appeal
is received in the Office of the Clerk of Court, raffle regarding
these appealed cases is dispensed with. Such appealed
cases shall be immediately forwarded to the salas of the
Executive Judges of second level courts which are
designated as special courts to exclusively decide them.
(Administrative Circular No. 59-2003, November 5, 2003)
f) Election Protests and Petitions for Quo Warranto
1) Involving Elective Municipal Officials
Special Courts designated to exclusively and speedily hear,
try and decide election protests and petitions for quo warranto
involving elective municipal officials within their respective
territorial jurisdiction shall continue to be included in the raffle
of cases, criminal and civil, provided that the Executive
Judges of the RTCs concerned shall exclude the designated
Special Courts from such raffle whenever in their judgment
the caseload of these courts shall prevent them from
conducting the continuous trial of the election contests. The
cases referred herein are limited to election protests and
petitions for quo warranto. All other election related cases
shall be raffled among the regular courts in the station.
(Administrative Order No. 54-2007, May 11, 2007)
In stations where there is only one (1) branch designated as
Special Court, the election contest shall be automatically
assigned to said branch. All single-sala courts are considered
special courts. In multiple-sala stations where there are no
Special Courts for the purpose, the cases shall be raffled
among the regular courts therein. (Administrative Order No.
54-2007, May 11, 2007)
The branches thus designated as Special Courts shall
continue to perform their functions as such even after the
retirement, promotion, transfer or detail of the judges
appointed/designated to preside over them. Election contests
filed after the Special Courts became vacant due to the
retirement, promotion, transfer or detail of the presiding/acting
judge shall still be raffled/assigned to the Special Courts. The
judge designated to preside over the vacant Special Court
shall take cognizance of the cases unless the Supreme Court
17
 designates another judge. (Administrative Order No. 54-2007,
May 11, 2007)
2) Involving Elective Barangay Officials
Special Courts in the first level courts designated to
exclusively and speedily hear, try and decide election protests
and petitions for quo warranto involving elective barangay
officials within their respective territorial jurisdiction shall
continue to be included in the raffle of cases, criminal and
civil, provided that the Executive Judge of the courts
concerned shall exclude the designated Special Courts from
such raffle whenever in their judgment the caseload of these
courts shall prevent them from conducting the continuous
trial of the election contests. (Administrative Order 129-2007,
August 15, 2007)
g) Cases involving Killings of Political Activists and Members of the
Media
Special Courts are designated to hear, try and decide cases
involving killings of political ideologists and members of media.
In determining whether the crime is a “political killing,” the
following factors, among others, shall be considered: (1) political
affiliation of the victim; (2) method of attack; and (3) reports that
state agents are involved in the commission of the crime or have
acquiesced in them.
The designated Special Courts shall continue to be included in
the raffle of cases, criminal and civil, provided that the Executive
Judges of the RTCs concerned shall exclude the designated
Special Courts from such raffle whenever in their judgment the
caseload of these courts shall prevent them from conducting
the continuous trial of the special cases.
All single-sala courts are considered special courts for the cases
involving killings of political ideologists and members of media,
and for this reason shall give priority to these cases in the trial
calendars.
The branches thus designated as Special Courts shall continue
to perform their functions as such even after the resignation,
retirement, death, dismissal from the judicial service, transfer,
detail or promotion of the incumbent judges appointed/designated
to preside over them. The successors, whether permanent or
temporary, shall act as Presiding Judges of these Special Courts
unless the Supreme Court otherwise directs. (Administrative
Order No. 25-2007, March 1, 2007)

18
h) Environmental Cases (Administrative Order No. 23-2008,
January 28, 2008)
The designated Environmental Courts will try and decide violations
of environmental laws which include the Revised Forestry Code
(PD 705), Marine Pollution (PD 979), Toxic Substances and
Hazardous Waste Act (RA 6969), People’s Small-Scale Mining
Act (RA 7076), National Integrated Protected Areas System Act
(RA 7586), Philippine Mining Act (RA 7942), Indigenous People’s
Rights Act (RA 8371), Philippine Fisheries Code (RA 8550); Clean
Air Act (RA 8749), Ecological Solid Waste Management Act (RA
9003), National Caves & Cave Resources Management Act (RA
9072), Wildlife Conservation and Protection Act (RA 9147),
Chainsaw Act (RA 9175), and Clean Water Act (RA 9275).
In multi-sala stations where no branches of the first and second
level courts are designated as environmental courts, the cases
shall be raffled among the branches thereat which shall try and
decide such cases according to existing issuances.
All single sala first and second level courts are considered special
courts for said purpose.
The designated Special Courts to try environmental cases shall
continue to be included in the raffle of cases, criminal, civil, and
other cases. They shall continue to perform their functions even
after the retirement, promotion, dismissal, suspension, transfer,
or detail of the judges appointed/designated to preside over the
said branches.
Their successors, whether permanent or temporary, shall act
as Presiding Judges of these Special Courts unless the Supreme
Court directs otherwise.
All environmental cases wherein pre-trial in civil cases has already
commenced and when the accused is already arraigned in
criminal cases shall remain in the branches where originally
assigned, otherwise these cases shall be assigned by raffle if
there are two or more designated Special Courts or when there
is only one in the station, the cases shall be unloaded to the said
Special Court.
The transferred environmental cases shall be considered as
raffled cases to the Special Courts, hence the branch which
unloaded the environmental cases shall be assigned newly filed
cases to replace the cases removed from said branch.

19
 8) Raffle of Cases to Newly-Created and Organized Branches
Whenever a branch has been created, organized and added to
the court in a station, the Executive Judge shall see to it that only
newly-filed cases are raffled to the said branch. There shall be
no unloading of previously raffled cases to these newly-created
branches.
Whenever two or more branches have been created, organized
and added to the court in a station, the Executive Judge shall
ensure that the newly-filed cases shall be raffled on a 6:2:1 ratio,
as follows: six (6) newly-filed cases to the newly created and
organized branches; two newly-filed cases to the existing branch
or branches; and one (1) newly-filed case to the branch of the
Executive Judge, until such time when the number of cases
raffled to each branch in the station shall have reached the
average caseload of each branch. The Executive Judge shall
determine the average caseload of each branch by dividing the
total number of cases pending in the station by the number of
branches thereat, including those newly created and organized.
The Court Administrator shall prescribe a separate procedure
for stations with unusually heavy caseloads. (A.M. No. 03-8-02-
SC, effective February 15, 2004, Chapter V, Sec. 13)
B. Consolidation of Cases
In consolidation of cases to a branch, the cases transferred shall be
replaced only by means of raffle. (A.M. No. 03-8-02-SC, effective
February 15, 2004, Sec. 9 [b])
The Executive Judge shall supervise the replacement of consolidated
cases such that a newly filed case of the same nature that will be
assigned in a regular raffle to the branch to which the consolidated
case is transferred by another branch shall be assigned to the latter
branch as replacement of the consolidated case. The Clerk of Court
shall give notice to the two branches concerned of the replacement
of the consolidated case, indicating the date of the raffle.
C. Disqualifications and Inhibitions
1. Judges in Regular Courts
Whenever a judge in a multiple-branch court is disqualified or
voluntarily inhibits, the records shall be returned to the Executive
Judge and the latter shall cause the inclusion of the said case in
the next regular raffle for re-assignment. A newly-filed case shall
be assigned by raffle to the disqualified or inhibiting judge to
replace the inhibited case.
20
 Where the judge in a single-branch first level court is disqualified
or voluntarily inhibits, the order of inhibition shall be forwarded to
the Executive Judge who shall, by raffle, designate another judge
within the area of administrative supervision to hear and decide
the case, taking into consideration the accessibility of the courts
involved. The Executive Judge shall immediately furnish the Court
Administrator with a copy of the designation within five (5) days
from the issuance thereof.

Where the judge in a single-branch RTC is disqualified or

voluntarily inhibits, the order of inhibition shall be transmitted to
the pairing judge who shall then hear and decide the case in
accordance with the pairing system of single-sala stations.

Where the pairing judge who sits in a single-branch RTC is also

disqualified or voluntarily inhibits, the matter shall be referred by
the Clerk of Court to the Executive Judge of the nearest multiple-
branch RTC, or in the absence of the latter, to the Vice-Executive
Judge thereof for assignment by raffle among the judges in the
station. The Clerk of Court shall immediately furnish the Court
Administrator with a copy of the said referral within five (5) days
from release thereof. (A.M. No. 03-802-SC, effective February
15, 2004, Chapter V, Sec. 8)

2. Judges in Special Courts

Where a judge in a court designated to try and decide cases

falling within the jurisdiction of family courts, cases involving
violations of the Dangerous Drugs Act and cases falling within
the jurisdiction of a special commercial court, or special court
designated to hear, try and decide cases involving killings of
political activists and members of media, is disqualified or
voluntarily inhibits from hearing a case, the following guidelines
shall be observed:

a) Where there is only one special court in the station, the pairing
system for multiple-branch stations shall apply;

b) Where there are more than two special courts of the same
nature in the station, the Executive Judge shall immediately
assign the case by raffle to the other or another special court
of the same nature. In case the Presiding Judge of the other
special court is also disqualified or inhibits, the case shall be
forwarded to the pairing judge of the special court which
originally handled the said case. If the pairing judge is also
disqualified or inhibits, the case shall be raffled to the other

21
 regular courts. At the next raffle, an additional case shall be
assigned to the disqualified or inhibiting judge to replace the
inhibited case. (A.M. No. 03-8-02-SC, effective February 15,
2004, Chapter V, Sec. 9; Administrative Order No. 25-2007,
March 1, 2007)

In the event of inhibition of the judge of the Special Court in the

Regional Trial Court designated exclusively and speedily to hear,
try and decide election protests and petitions for quo warranto
involving elective municipal officials, the pairing system for
multiple-branch stations shall apply. If the pairing judge is also
disqualified or inhibits himself, the case shall be raffled to the
other regular courts. At the next raffle, a newly filed case shall
be assigned to the disqualified or inhibiting judge to replace the
case so removed from his court. If the judge in a single-branch
voluntarily inhibits himself, the order of inhibition shall be
transmitted to the pairing judge who shall then hear and decide
the case in the court of origin. Where the pairing judge who sits
in a single branch RTC is also disqualified or voluntarily inhibits
himself, the matter shall be referred by the Clerk of Court to the
Executive Judge of the nearest multiple branch RTC, or in his
absence, to the Vice Executive Judge thereof for assignment by
raffle among the judges in the station. However, the case shall
remain in the court of origin. (Administrative Order No. 54-
2007, May 11, 2007)
In the event of disqualification/inhibition of the judge of the
designated Special Court in the first level courts, the following
guidelines shall be observed:
a) Where there is only one Special Court in the station, the
pairing system under Circular No. 7 dated September 23,
1974, as amended, shall apply.
b) Where there are two (2) or more Special Courts, the
Executive Judge shall immediately assign the case by raffle
to the other special courts. In case of disqualification/inhibition
of all the judges of the Special Courts, the case shall be
forwarded to the pairing judge of the Special Court which
originally handled the case. If the pairing judge is also
disqualified or inhibits himself, the case shall be raffled to
the other regular judges.
c) In case of disqualification/inhibition of all the judges in the
station, the order of inhibition shall be referred to the Executive
Judge/Office of the Court Administrator, as the case maybe,

22
 who shall then designate another judge to try and decide the
case. The judge designated shall try and decide the case in
the court of origin.
d). In case of disqualification/inhibition of the judge in a single
branch first level court, the order of inhibition shall be referred
to the Executive Judge who shall then designate a judge by
raffle to hear and decide the case in the court of origin.
(Administrative Order No. 129-2007)
3. Procedure In Case of Conflict of Opinion on Propriety of Inhibition
Administrative Circular No. 1 dated January 28, 1988, Sec. 7, provides
that inhibitions and disqualifications of judges are judicial actions
which do not require prior administrative approval and that
administrative intervention is necessary only when the inhibition is
by a judge of a single sala court, and the case has to be transferred
to another judge of another station.
The duty of Executive Judges, therefore, is merely to elevate an
order of inhibition to the Supreme Court through the Office of the
Court Administrator or otherwise, to appoint another trial court judge
under their supervision to handle the case. It is not within their
authority to resist or overrule the order of recusation. (A.M. RTJ-
03-1810, October 21,2004)
The question of whether to inhibit or not is best left to the sound
discretion and the conscience of the judge, “based on his rational
and logical assessment of the circumstances prevailing in the case
brought before him.” (A.M. No. RTJ-99-1454, March 2, 2000)
D. Designation of Judges of the First Level Courts to Try Cases
The Executive Judge of the RTC shall have authority to designate a
municipal judge within his area of administrative supervision to try cases
of other courts of the first level within said area of administrative
supervision in case of official leave of absence, inhibition, disqualification
or preventive suspension of the municipal judge concerned or of
permanent or temporary vacancy in the position. Such designation shall
be effectively immediately, unless revoked by the Supreme Court. The
Executive Judge shall furnish the Office of the Court Administrator with
copies of the orders of designation effected within five (5) days from
date of such designation. (A.M. No. 3-8-02-SC, January 27, 2004, Sec.
1 [a])
The Executive Judge of the RTC may recommend to the Supreme Court
the assignment of judges of the MeTCs, MTCCs, MTCs and MCTCs to
hear and determine cadastral or land registration cases in accordance
with the provisions of Section 4 of Republic Act No. 7691. (A.M. No. 3-8-
02-SC, January 27, 2004, Sec. 1 [b])
23
IV. CIVIL CASES
A. Upon Filing of Initiatory Pleading
The date and time of filing as well as the date/s and number/s of the official
receipt/s for the legal fees paid and the amount of such fees shall be indicated
on the cover, as well as on the first page of the pleading, together with its
assigned docket number. The docket number shall follow a sequential order
corresponding to the date and time of the filing of the case. The docket
number and the date/s and number/s of the official receipt/s for the legal
fees paid, as well as the amount of the said fees, shall be entered in the
Docket Record. (A.M. No. 03-8-02-SC, January 27, 2004, Sec. 4 [b])
B. Refund of Filing Fees
Only the Chief Justice can authorize the refund/withdrawal of filing fees paid
in court (Administrative Matter No. 05-9-256-MeTC, October 12, 2005). Any
request for refund of filing fees shall be referred to the Chief Justice through
the Court Administrator. (OCA Circular No. 173-2006, December 29, 2006)
C. Exemption from Payment of Docket Fee
1. Pauper/Indigent Litigants
A party may be authorized to litigate an action, claim or defense as
indigent if the court, upon an ex parte application and hearing, is satisfied
that the party is one who has no money or property sufficient and available
for food, shelter and basic necessities for himself and his family.
Such authority shall include an exemption from payment of docket and
other lawful fees, and of transcripts of stenographic notes which the
court may order to be furnished the indigent party. The amount of the
docket and other lawful fees, which the indigent is exempted from paying,
shall be a lien on any judgment rendered in the case favorable to the
indigent, unless the court otherwise provides.
Any adverse party may contest the grant of such authority at any time
before judgment is rendered by the trial court. If the court should
determine after hearing that the party declared as an indigent is in fact a
person with sufficient income or property, the proper docket and other
lawful fees shall be assessed and collected by the Clerk of Court. If
payment is not made within the time fixed by the court, execution shall
issue for the payment thereof, without prejudice to such other sanctions
as the court may impose. (1997 Rules of Civil Procedure, Rule 3, Sec.
21)
To be entitled to the exemption, the litigants shall execute affidavits that
they and their families do not earn a gross income exceeding double the

24
monthly minimum wage of an employee, nor they own real property with
a fair market value, as stated in the current tax declaration, of more than
P300,000.00 supported by an affidavit of a disinterested person attesting
to the truth of the litigant’s affidavit. (1997 Rules of Civil Procedure,
Rule 141, Sec. 19, as amended by A.M. No. 04-2-04-SC, July 20, 2004)
Any falsity in this affidavit of litigant or disinterested person shall be
sufficient to dismiss the complaint or action or to strike out the pleadings
of that party, without prejudice to whatever criminal liability may have
been incurred. (1997 Rules of Civil Procedure, Rule 141, Sec. 19, as
amended by A.M. No. 04-2-04-SC, July 20, 2004)
If the applicant meets the salary and property requirements under Sec.
19, Rule 141, then the grant of the application is mandatory. On the
other hand, when the application does not satisfy one or both
requirements, then it should not be denied outright, instead the court
should apply the “indigency test” under Sec. 21 of Rule 3 and use its
sound discretion in determining the merits of the prayer for exemption.
(Algura v. Naga, G.R. No. 150135, October 30, 2006).
In petition for writ of habeas data, no docket and other lawful fees shall
be required from an indigent petitioner. The petition of the indigent shall
be docketed and acted upon immediately without prejudice to subsequent
submission of proof of indigency not later than fifteen (15) days from the
filing of the petition. (A.M. No. 08-1-16-SC, effective February 2, 2008)
2. Government
The Republic of the Philippines, its agencies and instrumentalities are
exempt from paying the legal fees. (1997 Rules of Civil Procedure,
Rule 141, Sec. 22)
Local governments and government-owned or controlled corporations
with or without charter are not exempt from paying the legal fees provided
under Rule 141. However, all court actions instituted at the instance of
the provincial, city or municipal treasurer or assessor under Section
280 of the Local Government Code of 1991 shall be exempt from the
payment of court and sheriff’s fees.
3. Protection Order
If the victim is an indigent or there is an immediate necessity due to
imminent danger or threat of danger to act on an application for a
protection order, the court shall accept the application without payment
of the filing fee and other fees. (Rep. Act No. 9262 [2004], Sec. 38; A.M.
No. 04-10-11-SC, effective November 15, 2004 )

25
4. Trafficked Person
When the trafficked persons institute a separate civil action for the
recovery of civil damages, they shall be exempt from payment of filing
fees. (Rep. Act No. 9208 [2003], Sec. 13)
5. Actions brought under the Cooperative Code of the Philippines or by
the Cooperative Development Authority to enforce obligations contracted
in favor of cooperatives
The cooperatives are exempt from the payment of all court and sheriff’s
fees payable to the Philippine Government for and in connection with all
actions brought under Republic Act No. 6938 (1990) or the Cooperative
Code of the Philippines, or where such action is brought by the
Cooperative Development Authority under Republic Act No. 6938 (1990)
before the court to enforce payment of obligations contracted in favor of
the cooperative.
In connection therewith, the following guidelines shall be observed:
a) all actions brought before the court are filed by the duly elected
officers of the cooperative in the name of, or for and on behalf of,
the cooperative;
b) all actions brought before the court are filed pursuant to the
pertinent provisions of Republic Act No. 6938 (1990), also known
as the Cooperative Code of the Philippines, but shall be limited
only to enforce the payment of obligations contracted in favor of
cooperatives, otherwise cooperatives will not be exempt from
payment of pertinent fees. (OCA Circular No. 44-2007, May 3,
2007)
6. Victim of child labor
When the victims of child labor institute a separate civil action for the
recovery of civil damages, they shall be exempt from payment of filing
fees. (Republic Act No. 7610, as amended by Republic Act No. 9231
[2003])
7. Client of the Public Attorney’s Office
Clients of the Public Attorney’s Office are exempt from payment of docket
and other fees incidental to instituting an action in court. (OCA Circular
No. 121-2007, December 11, 2007)
8. Petition for Writ of Amparo
The petitioner shall be exempted from the payment of the docket and
other lawful fees when filing the petition for writ of amparo. (A.M. 07-9-
12-SC, October 24, 2007, Sec. 4)

26
 9. Petition for inclusion, exclusion or correction of names of voters
filed by COMELEC
OCA Circular No. 54-2003 dated May 20, 2003 on the exemption of the
Commission on Elections (COMELEC) from the payment of the required
legal fees under Rule 141 is still enforceable (Resolution dated May 5,
2003 of Court En Banc in A.M. No. 03-04-11-SC), subject to the following
conditions specified therein:
a) that petitions for exclusion are filed by the election officers in the
name of, or for and in behalf of, COMELEC;
b) that election officers are prohibited from allowing themselves to
be used by any candidate or political party in the filing of exclusion
cases to avoid payment of fees or to harass duly registered voters.
Accountable officers are enjoined to require persons claiming to be
election officers to present their latest valid identification cards and a
certification from the head of the agency that they are duly authorized to
transact business with the court as employees of the COMELEC,
otherwise the petition filed shall not be exempted from the payment of
legal fees. (OCA Circular No. 35-2007, April 10, 2007)
10. Tenant-farmer, agricultural lessee or tiller, settler or amortizing owner-
cultivator
Where a party is a tenant-farmer, agricultural lessee or tiller, settler, or
amortizing owner-cultivator, he shall be entitled to the rights of a pauper
and/or indigent litigant without further proof thereof. (Pres. Decree No.
946 (1976), Sec. 16)
D. Application for Temporary Restraining Order
1. Commentary
Under Section 5 of Rule 58 of the 1997 Rules of Civil Procedure, a
temporary restraining order may be issued ex parte by the court to which
the application for writ of preliminary injunction was made if it appears
from the facts shown by the affidavits or by the verified application that
great or irreparable injury would result to the applicant before the matter
can be heard on notice, and by the executive judge of a multiple-sala
court or the presiding judge of a single sala court effective for only seventy-
two (72) hours from issuance if the matter is of extreme urgency and
the applicant will suffer grave injustice and irreparable injury before service
of summons, as follows:
“SEC. 5. Preliminary injunction not granted without notice; exception.
- No preliminary injunction shall be granted without hearing and prior
notice to the party or person sought to be enjoined. If it shall appear
27
 from the facts shown by affidavit or by the verified application that
great or irreparable injury would result to the applicant before the
matter can be heard on notice, the court to which the application for
writ of preliminary injunction was made, may issue ex parte a
temporary restraining order to be effective only for a period of twenty
(20) days from service on the party or person sought to be enjoined,
except as herein provided. Within the said twenty-day period, the
court must order said party or person to show cause, at a specified
time and place, why the injunction should not be granted, determine
within the same period whether or not the preliminary injunction shall
be granted, and accordingly issue the corresponding order.
“However, and subject to the provisions of the preceding sections, if
the matter is of extreme urgency and the applicant will suffer grave
injustice and irreparable injury, the executive judge of a multiple-sala
court or the presiding judge of a single sala court may issue ex parte
a temporary restraining order effective for only seventy-two (72) hours
from issuance but he shall immediately comply with the provision
xxx as to service of summons and the documents to be served
therewith. Thereafter, within the aforesaid seventy-two (72) hours,
the judge before whom the case is pending shall conduct a summary
hearing to determine whether the temporary restraining order shall
be extended until the application for preliminary injunction can be
heard. In no case shall the total period of effectivity of the temporary
restraining order exceed twenty (20) days, including the original
seventy-two hours provided herein.
“In the event that the application for preliminary injunction is denied
or not resolved within the said period, the temporary restraining order
is deemed automatically vacated. The effectivity of a temporary
restraining order is not extendible without need of any judicial
declaration to that effect and no court shall have authority to extend
or renew the same on the same ground for which it was issued.
xxx”
Subsequently, in the Resolution dated February 17, 1998, the Supreme
Court amended Sec. 5 (supra) by deleting the word ex parte in the
issuance of temporary restraining order by the court to which the
application for writ of preliminary injunction is assigned or made and
maintaining the authority of the executive judge of a multiple-sala court
or the presiding judge of a single sala court to issue a temporary
restraining order ex parte effective for only seventy-two hours from
issuance if the matter is of extreme urgency and the applicant will suffer
grave injustice and irreparable injury before service of summons, as
follows:

28
 “SEC. 5. Preliminary injunction not granted without notice; exception
– No preliminary injunction shall be granted without hearing and prior
notice to the party or person sought to be enjoined. If it shall appear
from the facts shown by affidavits or by the verified application that
great or irreparable injury would result to the applicant before the
matter can be heard on notice, the court to which the application for
writ of preliminary injunction was made, may issue a temporary
restraining order to be effective only for a period of twenty (20) days
from notice to the party or person sought to be enjoined. Within the
said twenty-day period, the court must order said party or person to
show cause, at a specified time and place, why the injunction should
not be granted, determine within the same period whether or not the
preliminary injunction shall be granted, and accordingly issue the
corresponding order.
‘However, and subject to the provisions of the preceding sections, if
the matter is of extreme urgency and the applicant will suffer grave
injustice and irreparable injury, the executive judge of a multiple-sala
court or the presiding judge of a single sala court may issue ex parte
a temporary restraining order effective for only seventy-two (72) hours
from issuance but he shall immediately comply with the provision of
the next preceding section as to service of summons and the
documents to be served therewith. Thereafter, within the aforesaid
seventy-two (72) hours, the judge before whom the case is pending
shall conduct a summary hearing to determine whether the temporary
restraining order shall be extended until the application for preliminary
injunction can be heard. In no case shall the total period of effectivity
of the temporary restraining order exceed twenty (20) days, including
the original seventy-two hours provided herein.
“In the event that the application for preliminary injunction is denied
or not resolved within the said period, the temporary restraining order
is deemed automatically vacated. The effectivity of a temporary
restraining order is not extendible without the need of any judicial
declaration to that effect and no court shall have authority to extend
or renew the same on the same ground for which it was issued.
xxx”
In A.M. No. 07-7-12- SC, Sec. 5 of Rule 58 was amended by reinstating
the provision under the 1997 Rules of Civil Procedure allowing the
issuance of a temporary restraining order ex parte by the court to which
the application for writ of preliminary injunction was made if it appears
from the facts shown by the affidavits or by the verified application that
great or irreparable injury would result to the applicant before the matter
can be heard on notice, as follows:

29
“SEC. 5. Preliminary injunction not granted without notice; exception.
– No preliminary injunction shall be granted without hearing and prior
notice to the party or person sought to be enjoined. If it shall appear
from the facts shown by affidavits or by the verified application that
great or irreparable injury would result to the applicant before the
matter can be heard on notice, the court to which the application for
writ of preliminary injunction was made, may issue ex parte a
temporary restraining order to be effective only for a period of twenty
(20) days from service on the party or person sought to be enjoined,
except as herein provided. Within the said twenty-day period, the
court must order said party or person to show cause, at a specified
time and place, why the injunction should not be granted. The court
shall also determine, within the same period, whether or not the
preliminary injunction shall be granted, and accordingly issue the
corresponding order.
“However, and subject to the provisions of the preceding sections, if
the matter is of extreme urgency and the applicant will suffer grave
injustice and irreparable injury, the executive judge of a multiple-sala
court or the presiding judge of a single sala court may issue ex parte
a temporary restraining order effective for only seventy-two (72) hours
from issuance, but shall immediately comply with the provisions xxx
as to service of summons and the documents to be served therewith.
Thereafter, within the aforesaid seventy-two (72) hours, the judge
before whom the case is pending shall conduct a summary hearing
to determine whether the temporary restraining order shall be
extended until the application for preliminary injunction can be heard.
In no case shall the total period of effectivity of the temporary
restraining order exceed twenty (20) days, including the original
seventy-two hours provided herein.
“In the event that the application for preliminary injunction is denied
or not resolved within the said period, the temporary restraining order
is deemed automatically vacated. The effectivity of a temporary
restraining order is not extendible without the need of any judicial
declaration to that effect and no court shall have authority to extend
or renew the same on the same ground for which it was issued.
“xxx
“The trial court, xxx that issued a writ of preliminary injunction against
a lower court, board, officer or quasi-judicial agency shall decide the
main case or petition within six (6) months from the issuance of the
writ. xxx”

30
2. Reminders
a) Government Financial Institutions Required to Foreclose Collaterals
for Loans with Arrearages Amounting to at Least 20% of Total
Outstanding Obligation
No restraining order, temporary or permanent injunction shall be
issued against any financial institution in any action taken by such
institution in compliance with the mandatory foreclosure provided in
Section 1 of Presidential Decree No. 385 (1974) whether such
restraining order, temporary or permanent injunction is sought by
the borrower(s) or any third party or parties, except after due hearing
in which it is established by the borrower and admitted by the
government financial institution concerned that twenty percent (20%)
of the outstanding arrearages has been paid after the filing of
foreclosure proceedings. (Presidential Decree No. 385 [1974], Sec.
2; Supreme Court Circular No. 13, May 17, 1984)
b) Cases Involving Infrastructure and Natural Resource Development
Projects of, and Public Utilities Operated by, the Government
No Court in the Philippines shall have jurisdiction to issue any
restraining order, preliminary injunction, or preliminary mandatory
injunction in any case, dispute or controversy involving an
infrastructure project, or a mining, fishery, forest or other natural
resource development project of the government, or any public utility
operated by the government, including among others public utilities
for the transport of the goods or commodities, stevedoring and
arrastre contracts, to prohibit any person or persons, entity or
government official from proceeding with, or continuing the execution
or implementation of any such project, or the operation of such public
utility, or pursuing any lawful activity necessary for such execution,
implementation or operation. (Presidential Decree No. 1818 [1981],
Sec. 1; Circular No. 1, April 16, 1982; Circular No. 2-91, May 15,
1991; Circular No. 13-93, March 5, 1993; Circular No. 68-94,
November 3, 1994; Administrative Circular No. 7-99, June 25, 1999;
OCA Circular No. 79-2003)
c) Cases Involving Government Infrastructure Projects
No court, except the Supreme Court, shall issue any temporary
restraining order, preliminary injunction or preliminary mandatory
injunction against the government, or any of its subdivisions, officials
or any person or entity, whether public or private, acting under
government’s direction, to restrain, prohibit or compel the following
acts:

31
 1. Acquisition, clearance and development of the right-of-way and/
or site or location of any national government project;
2. Bidding or awarding of contract/project of the national
government as defined under Sec. 2 of Republic Act No. 8975
(2000);
3. Commencement, prosecution, execution, implementation,
operation of any such contract or project;
4. Termination or rescission of any such contract/project; and
5. The undertaking or authorization of any other lawful activity
necessary for such contract/project.
This prohibition shall apply in all cases, disputes or controversies
instituted by a private party, including but not limited to cases filed by
bidders or those claiming to have rights through such bidders involving
such contract/project. This prohibition shall not apply when the matter
is of extreme urgency involving constitutional issue, such that unless a
temporary restraining order is issued, grave injustice and irreparable
injury will arise. The applicant shall file a bond, in an amount to be fixed
by the court, which bond shall accrue in favor of the government if the
court should finally decide that the applicant was not entitled to the relief
sought. (Republic Act No. 8975 [2000], Sec. 3; Circular 11-2000,
November 13, 2000)
d) Cases involving Private Electric Utility or Rural Electric Cooperative
Exercising the Right and Authority to Disconnect Electric Service
No writ of injunction or restraining order shall be issued by any court
against any private electric utility or rural electric cooperative exercising
the right and authority to disconnect electric service as provided in
Republic Act No. 7832, unless there is prima facie evidence that the
disconnection was made with evident bad faith or grave abuse of
authority.
If, notwithstanding the provisions of this section, a court issues an
injunction or restraining order, such injunction or restraining order shall
be effective only upon the filing of a bond with the court which shall be in
the form of cash bond or cashier’s check equivalent to “differential billing,”
penalties and other charges, or to the total value of the subject matter of
the action; Provided, however, That such injunction or restraining order
shall automatically be refused or, if granted, shall be dissolved upon
filing by the public utility of a counterbond similar in form and amount as
that above required. Provided, finally, That whenever such injunction is
granted the court issuing it shall, within ten (10) days from its issuance,

32
 submit a report to the Supreme Court setting forth in detail the grounds
or reasons for its orders. (Republic Act No. 7832 [1994], Sec. 9; Circular
No. 8-98, January 6, 1998)
e) Labor Related Cases
No temporary or permanent injunction or restraining order in any case
involving or growing out of labor disputes shall be issued by any court.
(Presidential Decree No. 442 [1974], as amended, Art. 254; OCA Circular
No. 79-2003, June 12, 2003)
f) Enforcement of Decision or Awards rendered by NLRC
The Regional Trial Court cannot enjoin the enforcement of any decision
or awards rendered by the National Labor Relations Commission.
(Kaisahan ng mga Manggagawa sa La Campana v. Sarmiento, G.R.
No. 47853, November 16, 1984, 133 SCRA 221 [1984]; Circular No. 79-
2003, June 12, 2003)
g) Matters involving Concessions, Licenses and Other Permits Issued
by Public Administrative Officials or Bodies
No court of the Philippines shall have jurisdiction to issue any restraining
order, preliminary injunction in any case involving or growing out of the
issuance, approval or disapproval, revocation, or suspension of, or any
action whatsoever by the proper administrative official or body on
concessions, licenses, permits, patents, or public grants of any kind in
connection with the disposition, exploitation, utilization, exploration and/
or development of the natural resources of the Philippines. (Presidential
Decree No. 605 [1974], Section 1; Circular No. 79-2003, June 12, 2003)
h) Dispute or Controversy Arising from or in Connection with Application,
Implementation or Interpretation of the Laws on Agrarian Reform
No injunction, restraining order, prohibition or mandamus shall be issued
by the lower courts against the Department of Agrarian Reform (DAR),
Department of Agriculture (DA), the Department of Environment and
Natural Resources (DENR), and the Department of Justice (DOJ) in
their implementation of the program. (Republic Act No. 6657 [1998],
Sec. 68; OCA-Circular No. 79-2003, June 12, 2003; OCA Circular No.
23-2004, February 13, 2004; OCA Circular No. 39-2005, May 4, 2005)
No court in the Philippines shall have jurisdiction to issue any restraining
order, or writ of preliminary injunction against the PARC or any of its duly
authorized or designated agencies in any case, dispute or controversy
arising from, necessary to, or in connection with the application,
implementation, enforcement, or interpretation of Republic Act No. 6657
(1998) and other pertinent laws on agrarian reform. (Republic Act No.

33
 6657 [1998], Sec 55; OCA Circular No. 79-2003, June 12, 2003; OCA
Circular No. 23-2004, February 13, 2004; OCA Circular No. 39-2005,
May 4, 2005)
i) Sale or Disposition of Assets Acquired by the GSIS
No injunction or restraining order issued by any court, commission,
tribunal or office shall bar, impede or delay the sale and disposition by
the GSIS of its acquired assets except on questions of ownership and
national or public interest. (Republic Act No. 8291 or the Government
Service Insurance System Act [1997], Sec. 50; OCA Circular 79-2003,
June 12, 2003)
j) Projects of the Conversion of Military Reservations
The implementation of the projects for the conversion into alternative
productive uses of the military reservations are urgent and necessary
and shall not be restrained or enjoined except by an order issued by the
Supreme Court of the Philippines. (Republic Act No. 7227 [1992],
otherwise known as Bases Conversion and Development Act, Sec. 21;
OCA Circular No. 79-2003, June 12, 2003)
k) Investigations Conducted by the Ombudsman
No writ of injunction shall be issued by any court to delay an investigation
being conducted by the Ombudsman under Republic Act No. 6770 (1989)
unless there is a prima facie evidence that the subject matter of the
investigation is outside the jurisdiction of the Office of the Ombudsman.
No court shall hear any appeal or application for remedy against the
decision or findings of the Ombudsman, except the Supreme Court on
pure question of law. (Republic Act No. 6770 [1989], Sec. 14; OCA
Circular No. 79-2003, June 12, 2003)
l) In Criminal Prosecution and in Cases under Preliminary Investigation or
Reinvestigation
Injunction will not lie to enjoin a criminal prosecution for the reason that
public interest requires that criminal acts be immediately investigated
and prosecuted for the protection of society. (Asutilla v. Philippine National
Bank, G.R. No. 51354, January 15, 1986, 141 SCRA 40 [1986]; OCA
Circular No. 79-2003, June 12, 2003)
As a general rule, the court will not issue writs of prohibition or injunction,
preliminary or final, to enjoin or restrain, criminal prosecution. With more
reason that injunction will not lie when the case is still at the stage of
preliminary investigation or reinvestigation (Samson, et al. v. Guingona,
G.R. No. 123504, December 14, 2000, 348 SCRA 32 [2000]; OCA
Circular No. 79-2003, June 12, 2003)
34
m) Acts of Privatization Council
No court or administrative agency shall issue any restraining order or
injunction against the Asset Privatizaton Trust in connection with the
acquisition, sale or disposition of assets transferred to it pursuant to
Proclamation No. 50-A. Nor shall such order or injunction be issued
against any purchaser of assets sold by the Trust to prevent such
purchaser from taking possession of any asset purchased by him.
(Proclamation No. 50-A [1986], Sec. 31; OCA Circular No. 79-2003,
June 12, 2003)
n) Extra-Judicial or Judicial Foreclosure of Real Estate Mortgages
No temporary restraining order or writ of preliminary injunction against
the extra-judicial foreclosure of real estate mortgage shall be issued on
the allegation that the loan secured by the mortgage has been paid or is
not delinquent unless the application is verified and supported by evidence
of payment. (En Banc Resolution, A.M. 99-10-05-0, February 20, 2007)
No temporary restraining order or writ of preliminary injunction against
the extra-judicial foreclosure of real estate mortgage shall be issued on
the allegation that the interest on the loan is unconscionable, unless the
debtor pays the mortgagee at least twelve percent per annum interest
on the principal obligation as stated in the application for foreclosure
sale, which shall be updated monthly while the case is pending. (En
Banc Resolution, A.M. 99-10-05-0, February 20, 2007)
o) Other Urgent or Interlocutory Matters
Whenever an incidental or interlocutory matter in a case is of such
urgent nature that it may not wait for the regular raffle, the interested
party may request the Executive Judge in writing for a special raffle. If
the request is granted and the special raffle is conducted, the case shall
immediately be referred to the branch to which it corresponds. The
Executive Judge shall have no authority to act on any incidental or
interlocutory matter in any case not yet assigned to any branch by raffle.
(Circular No. 7, September 23, 1974)
p) Observance of Pairing System
In case of vacancy in the two branches paired with each other, the
incidental or interlocutory matters pertaining to any or both branches
shall be acted upon by the Executive Judge. “Prolonged absence” means
an absence of one month or more. (Circular No. 7, September 23, 1974)
For the purpose of the pairing system, Branch 1 shall be paired with
Branch 2, Branch 3 with Branch 4, and so on, and any Branch in a
station left without a pair shall be paired with the branch presided by the

35
 Executive Judge in addition to the latter’s regular pair. (Circular No. 7,
September 23, 1974)
Executive Judges are reminded to strictly comply with Circular No. 7
dated September 23, 1974 on the pairing system. (Circular No. 7, June
3, 1986)

V. CRIMINAL CASES
A. Guidelines Concerning Bail
1. Authority to Act on Application for Bail
a. Offenses Cognizable by the First Level Court and Regional Trial
Court.
1) Newly Filed Criminal Cases
a) In single sala stations, the application for bail shall be filed
with and resolved by the court where the case is filed or
pending, or in the absence or unavailability of the judge
thereof, upon written certification to that effect by the Clerk of
Court, with any Regional Trial Court Judge or Judge of the
First Level Court in the province, city or municipality.
b) In multi-branch stations where the application is filed before
the case can be raffled to a particular branch, the Executive
Judge of the court where the case is filed shall act on the
application. In cities and municipalities where the MeTCs or
the MTCCs hold night court sessions daily and the cases
filed with these courts have not yet been raffled, applications
for bail may also be filed with the judge assigned to hold
night court session.
In the absence or unavailability of the Executive Judge or
Judge assigned to night court, per written certification of the
Clerk of Court concerned, the application for bail shall be
resolved by the Vice-Executive Judge and if in default for the
same reasons, by any judge of the court where the case is
filed.
2) In criminal cases already raffled to or are pending with a particular
branch, Section 17, Rule 114 of the Revised Rules of Criminal
Procedure should be strictly followed:
“xxx Bail in the amount fixed may be filed with the court where
the case is pending, or in the absence or unavailability of the

36
judge thereof, with any regional trial judge, metropolitan trial judge,
municipal trial judge or municipal circuit trial judge in the city or
municipality where the case is pending.”
a) For the orderly and uniform implementation of the above-
quoted provision under Rule 114 of the Revised Rules of
Criminal Procedure in all multi-branch stations, the power
and duty to resolve applications for bail in pending cases
shall be exercised by the judges in the following order:
- Presiding Judge of the branch where the case is pending;
- Pairing Judge of such branch;
- Executive Judge of the court where case is pending;
- Vice-Executive Judge of same court;
- Any judge of that court.
The failure of any judges named in the order listed above to
act on the bail application due to absence or unavailability
shall be set forth in a Certification to that effect by the Clerk
of Court concerned and attached to the record of the case.
b) Exception to the general rule that bail shall be acted upon by
the court where the case is filed:
If the accused is arrested in a province, city or municipality
other than where the case is pending, bail may also be filed
with any Regional Trial Court of said place, and if no judge is
available based on the written certification of the Clerk of
Court, with any first level court therein.
c) Motion for Increase or Reduction of Bail
The authority to act on a motion for increase or reduction of
bail shall be exercised after the accused is admitted to bail.
The Court may, upon good cause, either increase or reduce
the amount of bail. (Revised Rules of Criminal Procedure,
Rule 141, Sec. 20)
d) Release on Bail
The accused must be discharged upon approval of the bail
by the judge with whom it was filed in accordance with
Section 17 of this Rule.
When bail is filed with a court other than where the case is
pending, the judge who accepted the bail shall forward it,
together with the order of release and other supporting papers,

37
 to the court where the case is pending, which may, for good
reason, require a different one to be filed. (Revised Rules of
Criminal Procedure, Rule 114 ,Sec. 19)
b. Offenses Cognizable by the Sandiganbayan
The Executive Judge of the RTC where an information resulting from
inquest investigations of offenses cognizable by the Sandiganbayan
conducted by authorized prosecutors within their territorial jurisdiction
has been filed, shall have authority to approve the application of the
accused for bail, except in offenses punishable by death, reclusion
perpetua, or life imprisonment, and to order his release from detention
subject to further orders by the Sandiganbayan. This authority does
not include the power to act on any motion for reduction of the amount
of the bail recommended by the prosecutor. (A.M. No. 03-8-02-SC,
January 27, 2004, Chapter V, Sec. 17)
c. Bail on Saturdays, Sundays, Official Holidays and Special Days
1) The Executive Judges of the MeTCs and MTCCs with multiple
branches shall assign by rotation the judges of the said branches
to report for duty on Saturdays from eight o’clock in the morning
to one o’clock in the afternoon, assisted by a skeletal force of the
personnel, also on rotation, primarily to act on petitions for bail
and other urgent matters. (A.M. No. 03-8-02-SC, January 27,
2004, Chapter V, Sec. 14)
2) Executive Judges of the RTCs shall assign by rotation the judges
of the MTCs in multi-branch stations and MCTCs within their
respective territorial areas to report for duty on Saturdays from
eight o’clock in the morning to one o’clock in the afternoon,
assisted by a skeletal force of the personnel, also on rotation,
primarily to act on petitions for bail and other urgent matters.
(A.M. No. 03-8-02-SC, January 27, 2004, Chapter V, Sec. 14)
3) The Executive Judges shall act on petitions for bail and other
urgent matters on Saturday afternoons after one o’clock in the
afternoon, Sundays, official holidays and special days. Should
bail be granted and the applicant deposits cash as bail, the
Executive Judge shall acknowledge in writing and issue a
temporary receipt therefor and shall remit immediately the
amount received to the Clerk of Court who shall issue the
appropriate official receipt therefor on the next succeeding
business day. (A.M. No. 03-8-02-SC, January 27, 2004, Chapter
V, Sec. 14)

38
 d) Instances not Covered by Guidelines
No other assignment of judges by rotation in multi-branch stations
for the purposes of acting on bail applications shall be made except
in the instances specifically provided in these guidelines or after prior
notice to, and written approval by, the Court Administrator.
2. Common Procedure to be Observed When Application for Bail is Filed,
whether it is a matter of right or discretion:
a) All applications for bail shall first be approved by the judge who has
authority to act on the same, as provided in the preceding paragraphs.
(Revised Rules of Criminal Procedure, Rule 114, Sec. 19)
b) In all applications for bail, the court must give reasonable notice of
the hearing to the public prosecutor or require him to submit his
recommendation (Rule 114, Sec. 18). Interpreting this provision,
the Supreme Court explained that, as it now stands, the Rule makes
no distinction whether bail is a matter of right or discretion. In all
instances, reasonable notice of hearing is required to be given to the
prosecutor or fiscal, or at least he must be asked for his
recommendation. (Chin vs. Judge Tito G. Gustilo, August 11, 1995,
247 SCRA 175)
The Supreme Court stated that the prosecutor must be heard even
in cases where bail is a matter of right because in fixing the amount
of bail, the judge is required to take into account a number of factors,
such as the applicant’s character and reputation, forfeiture of other
bonds, or whether he is a fugitive from justice. (Chin vs. Judge Tito
G. Gustilo, August 11, 1995, 247 SCRA 175)
The court pointed out that while the prosecution’s recommendation
is persuasive, it is in no way binding upon the court. But he has to
be heard as a matter of due process to the State in the same way
that even in cases involving capital offenses it has been held that
there must be a hearing even though the prosecutor interposes no
objection to the grant of bail. (Tucay vs. Domagas, March 2, 1995,
59 SCAD 411, 242 SCRA 110)
c) All persons in custody shall be admitted to bail as a matter of right,
with sufficient sureties, or released on recognizance as prescribed
by law or the Rule (a) before or after conviction by the Metropolitan
Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or
Municipal Circuit Trial Court, and (b) before conviction by the Regional
Trial Court of an offense not punishable by death, reclusion perpetua,
or life imprisonment. (Rule 114, Sec. 4)

39
d) At the hearing of an application for bail filed by a person who is in
custody for the commission of an offense punishable by death,
reclusion perpetua, or life imprisonment, the prosecution has the
burden of showing that evidence of guilt is strong. The evidence
presented during the bail hearing shall be considered automatically
reproduced at the trial but, upon motion of either party, the court may
recall any witness for additional examination unless the latter is dead,
outside the Philippines, or otherwise unable to testify. (Rule 114,
Sec. 8)
The Court may not grant bail simply for non-appearance of
prosecution but should ask the prosecution such questions as would
ascertain the strength of the State evidence and judge the adequacy
of the bail. (Libarios vs. Dabalus, 199 SCRA 48, cited in Borinaga
vs. Tamin, A.M. No. RTJ 93-936, Sept. 10, 1993, 44 SCAD 589,
226 SCRA 206; Aguirre vs. Belmonte, 237 SCRA 778) The Judge
may not fix bail in offenses punishable by death or reclusion perpetua
on the basis of his findings based on affidavits without first conducting
a hearing with notice to the prosecutor. (Aurillo vs. Francisco, August
12, 1994, 235 SCRA 283, Aguirre vs. Belmonte, October 27, 1994,
237 SCRA 778)
Certain guidelines in the fixing of a bailbond call for the presentation
of evidence and reasonable opportunity for the prosecution to refute
it. Among them are the nature and circumstances of the crime,
character and reputation of the accused, the weight of the evidence
against him, the probability of the accused appearing at the trial,
whether or not the accused is a fugitive from justice, and whether or
not the accused is under bond in other cases. It is highly doubtful if
the trial court can appreciate these guidelines in an ex-parte
determination where the Fiscal is neither present nor heard. The
rules require that the order granting or denying bail must contain a
summary of the evidence of the prosecution, followed by a conclusion
of whether or not the evidence of guilt is strong, which may only be
determined after a hearing. (Baylon vs. Judge Sison, April 6, 1995,
243 SCRA 284)
e) The judge who issued the warrant or granted the application shall fix
a reasonable amount of bail considering primarily, but not limited to,
the following factors:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offenses;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
40
 (e) Age and health of the accused:
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that the accused was a fugitive from justice when
arrested; and
(j) Pendency of other cases where the accused is
on bail.
Excessive bail shall not be required. (Rule 114, Sec. 9)
f) When bail to be posted is in cash, the accused or any person acting
in his behalf may deposit cash with the nearest collector of internal
revenue or provincial, city, or municipal treasurer or Office of the
Clerk of Court the amount of bail fixed by the court, or in case the
information has not yet been filed in court, as recommended by the
prosecutor who investigated the case. Upon submission of a proper
certificate of deposit and a written undertaking showing compliance
with the requirements of Section 2 of Rule 114, the accused shall be
discharged from custody. The money deposited shall be considered
as bail and applied to the payment of fine and costs while the excess,
if any, shall be returned to the accused or to whoever made the
deposit. (Rule 114, Sec. 14)
g) When bail to be posted is surety or property bond or through
recognizance, the requirements therefor as provided in Rule 114
should be observed or complied with.
h) The accused must be discharged upon approval of the bail by the
judge with whom it was filed. When bail is filed with a court other
than where the case is pending, the judge who accepted the bail
shall forward it, together with the order of release and other supporting
papers, to the court where the case is pending, which may, for good
reason, require a different one to be filed. (Rule 114, Sec. 19)
B. Guidelines Concerning Search Warrant
1. All applications for search warrants in criminal cases relating to
crimes against public order as defined by the provisions of Chapters
I to VII, Title Three, Book Two of the Revised Penal Code, as
amended, illegal possession of firearms and ammunitions, offenses
involving dangerous drugs and such similar laws as may
subsequently be enacted and deemed by the Supreme Court as
included herein shall no longer be raffled and shall immediately be

41
 taken cognizance of and acted upon by the Executive Judges of the
multiple branch RTCs, MeTCs and MTCCs provided that: 1) the
crimes and offenses alleged to have been violated fall within the
jurisdiction of the court issuing the search warrant; and 2) the place
to be searched is located within the jurisdiction of the court.
Whenever the Executive Judge is on official leave of absence or is
not physically present in the station, the Vice-Executive Judge shall
take cognizance of and personally act on the applications for search
warrants. Whenever the Executive Judge and the Vice-Executive
Judge/s are on official leave of absence or are not physically present
in the station, the application may be taken cognizance of and acted
upon by the judge who is the most senior in tenure among the
permanent judges in the station. If there are two or more judges of
equal seniority in tenure, the application may be acted upon by the
judge who is the most senior in the judiciary. If there are two or more
judges of equal seniority in the judiciary, the application may be acted
upon by the judge who is the most senior in age in the station. (A.M.
No. 03-8-02, January 27, 2004, Chapter V, Sec. 11)
2. As an exception to the above rule and to Section 2, Rule 126, Revised
Rules on Criminal Procedure, applications for search warrants filed
by the National Bureau of Investigation (NBI), the Philippine National
Police (PNP) and Anti Crime Task Force (ACTAF), involving heinous
crimes, illegal gambling, illegal possession of firearms and
ammunitions, violations of the laws against dangerous drugs as well
as Intellectual Property Code, Anti Money Laundering Act of 2001,
the Tariff and Customs Code as amended and other relevant laws
that may hereinafter be enacted by Congress and included herein
by the Supreme Court, may be taken cognizance of and acted upon
by the Executive Judges of the Regional Trial Courts of Manila and
Quezon City, and whenever they are on official leave of absence or
are not physically present in the station, the Vice Executive Judges
of the RTCs of Manila and Quezon City, even if the search warrants
applied for are intended to be served in places outside the territorial
jurisdiction of said courts. The applications shall be personally
endorsed by the head of such agencies and shall particularly describe
therein the places to be searched and/or the property or the things
to be seized as prescribed in the Rules of Court. (A.M. No. 03-8-02,
January 27, 2004, Chapter V, Sec. 12)
3. In all other criminal cases and instances not falling under the
coverage mentioned in the preceding paragraphs, applications for
search warrants filed during office hours shall be assigned by raffle
to a judge of the court which has territorial jurisdiction over the crime

42
 that was committed. For compelling reasons stated by the applicant,
the application for search warrant not covered under the two
preceding paragraphs may be filed with any court within the judicial
region where the crime was committed if the place of the commission
of the crime is known or any court within the judicial region where
the warrant shall be enforced. (Revised Rules of Criminal Procedure,
Rule 126, Sec. 2; A.M. No. 03-8-02, January 27, 2004, Chapter V,
Sec. 10)
4. Applications filed after office hours, during Saturdays, Sundays and
holidays, shall likewise be taken cognizance of and acted upon by
any judge of the court having jurisdiction of the place to be searched,
but in such cases the applicant shall certify and state the facts under
oath, to the satisfaction of the judge, that its issuance is urgent.
(A.M. No. 03-8-02, January 27, 2004, Chapter V, Sec. 10)
5. The judge who is assigned to conduct the examination of the
complainant and witnesses, shall immediately act on the same,
considering that time element and possible leakage of information
are the primary considerations in the issuance of search warrants
and seizure. (Administrative Circular No. 13, October 1, 1985)
6. If, in the implementation of the search warrant, properties are seized
thereunder and the corresponding case is filed in court, said case
shall be assigned by raffle, and thereupon tried and decided by the
judge to whom it has been assigned, and not necessarily by the
judge who issued the search warrant. (Administrative Circular No.
13, October 1, 1985)
7. In order to insure maximum legitimate effect and give meaning and
substance to the constitutional guarantee on the security of every
person, his house and his effects, against unreasonable searches
and seizures, the following procedure should be strictly observed:
a) A search warrant may be issued for the search and seizure of
personal property – 1) subject of the offense; 2) stolen or
embezzled and other proceeds or fruits of the offense; and, 3)
used or intended to be used as the means of committing an
offense. (Revised Rules of Criminal Procedure, Rule 126, Sec.
3)
b) A search warrant shall not issue but upon probable cause in
connection with one specific offense to be determined personally
by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce on facts
personally known to them, and particularly describing the place

43
 to be searched and the things to be seized. (Revised Rules of
Criminal Procedure, Rule 126, Sec. 4)
c) The judge must, before issuing the warrant, personally examine
in the form of searching questions and answers, in writing and
under oath, the complainant and any witnesses he may produce
and attach to the record their sworn statements together with
the affidavits submitted. (Revised Rules of Criminal Procedure,
Rule 126, Sec. 5)
d) If the judge is satisfied of the existence of facts upon which the
application is based, or that there is probable cause to believe
that they exist, he shall issue the warrant, which must be
substantially in the form as prescribed by the Rules. (Revised
Rules of Criminal Procedure, Rule 126, Sec. 6)
e) Search warrants must be in duplicate, both signed by the judge.
The duplicate copy thereof must be given to the person against
whom the warrant is issued and served. Both copies of the
warrant must indicate the date until when the warrant shall be
valid and must direct that it be served in the daytime. If the judge
is satisfied that the property is in the person or in the place ordered
to be searched, a direction may be inserted in the warrants that
it be served at any time of the day or night. (Administrative
Circular No. 13, October 1, 1985)
f) In every court, there shall be a logbook under the custody of the
Clerk of Court wherein shall be entered within 24 hours after the
issuance of the search warrant, the following:
1) Date and number of the warrant;
2) Name of the issuing judge;
3) Name of the person against whom the warrant is
issued;
4) Offense cited in the warrant; and
5) Name of the officer who applied for the warrant and his
witnesses.
Each branch or branches of a court shall have a separate and
distinct log book from the log book kept by the other branches of
the same court stationed in another city or municipality.
(Administrative Circular No. 13, October 1, 1985)
g) The search warrant shall be valid for ten (10) days from date of
issuance, and after which the issuing judge should ascertain if
the return has been made, and if there was none, should summon

44
 the person to whom the warrant was issued and require him to
explain why no return was made. If the return has been made,
the judge should ascertain from the officer who seized the
property under the warrant if a detailed receipt of the property
seized was left with the lawful occupants of the premises in
whose presence the search and seizure were made, or in the
absence of such occupants, whether he left a receipt in the place
in which he found the seized property in the presence of at least
two witnesses of sufficient age and discretion residing in the
same locality, and should require that the property seized by
virtue of the warrant shall be delivered to the judge who issued
the warrant. The judge should see to it that an accurate and true
inventory of the property seized duly verified under oath is
attached to the return and filed with the court. (Administrative
Circular No. 13, October 1, 1985; Revised Rules of Criminal
Procedure, Rule 126, Secs. 10, 11 and 12 [a] and [b])
h) The return on the search warrant shall be filed and kept by the
Clerk of Court/Branch Clerk or Officer In Charge as custodian of
the log book who shall also enter in the log book, the date of the
return, the result, and such other actions the judge may have
taken thereon. (Administrative Circular No. 13, October 1, 1985;
Revised Rules of Criminal Procedure, Rule 126, Sec. 12[c])
C. Guidelines on Night Court Sessions of MeTCs and MTCCs
1. Upon the request of the local government unit concerned, the
Executive Judges of the MeTCs or the MTCCs of the cities and
municipalities comprising Metro Manila and of the cities of Baguio,
Bacolod, Cagayan de Oro, Cebu, Davao and Iloilo may assign all
judges to hold night court sessions daily from Monday to Friday and
on official holidays and special days, from four-thirty o’clock in the
afternoon to eleven o’clock in the evening, on rotation basis, and in
pairs of two, i.e., Branches 1 and 2, 3 and 4, and so on.
In case of the absence or inability of the assigned judge, the Executive
Judge shall designate a substitute judge to act in place of the absent
judge. In such a case, the substitute judge need not report for duty
at the time when his assigned schedule takes place. The absent
judge shall report for duty in his stead. (A.M. No. 03-8-02-SC, January
27, 2004, Chapter V, Sec. 15)
2. The night court assignment shall not be limited to nighttime
apprehensions but shall also apply to special cases enumerated in
the Rule on Summary Procedure, as amended, which are raffled to
them in such manner as will insure an equitable caseload vis-a-vis

45
 the judges handling cases during regular hours. A rotation of nighttime
duty shall be made every six (6) months among all judges. (A.M.
No. 03-8-02-SC, January 27, 2004, Chapter V, Sec. 15 [a])
3. In situations of extreme urgency, the Executive Judge shall take
immediate appropriate action on cases of offenders arrested after
midnight or after the night sessions. (A.M. No. 03-8-02-SC, January
27, 2004, Chapter V, Sec. 15 [b])
4. The Executive Judge shall assign to the night court on rotation basis
a cashier or cash clerk to receive cash payments of court fees,
fines and costs, deposits for cash bail bonds and other related fees
payable to the court. (A.M. No. 03-8-02-SC, January 27, 2004,
Chapter V, Sec. 15 [c])
5. To achieve maximum efficiency in the process, the Executive Judge
may, in his sound judgment, call a meeting or dialogue with the
responsible officials of the provincial or city prosecution office, the
Chief of Police and representatives of other pillars of the criminal
justice system to a) coordinate with the court so as to avoid delays
in the proceedings; b) to inform them of the schedule of the branches
of the MeTCs or MTCCs assigned to hold night sessions; and c) to
make representations with the PNP and local government units to
ensure that appropriate security measures are adopted to protect
judges and their staff assigned to hold night sessions. (A.M. No. 03-
8-02-SC, January 27, 2004, Chapter V, Sec. 15[d] and 16)
D. Guidelines on Jail Visitation and Inspection pursuant to A.M. No.
07-3-02-SC dated October 14, 2008 (See Annex “L”)
1. In the course of the jail visitation and inspection, Executive Judges
shall:
(a) inquire into the condition of the facilities and services of provincial,
city and municipal jails, youth detention homes and youth
rehabilitation centers as well as other detention centers within
their respective jurisdictions, such as but not limited to space/
capacity, sanitary facilities, ventilation, food, medicines, access
to doctors, visiting hours and visitors allowed;
(b) order the segregation of (i) sexes; and (ii) minors from adult
detainees; and
(c) determine practices disadvantageous to adult prisoners/detainees
and children in conflict with the law, if any.
2. Executive Judges shall ensure that presiding judges of the first and
second level courts under their supervision shall (a) personally visit

46
 and inspect at least once a month the condition of adult prisoners/
detainees and children in conflict with the law whose cases are
pending before their respective courts; and (b) submit to them
monthly reports on the jail visitation.
3. Executive Judges shall submit a compliance report every quarter,
indicating the names of judges who do not (a) conduct jail visitation
and inspection regularly; and/or (b) submit the required monthly
report. Such compliance report shall be submitted to the Court
Management Office, OCA, not later than the first fifteen (15) days
after the last day of every quarter.
4. Executive Judges shall require jail wardens and heads of youth
detention homes and youth rehabilitation centers to submit to their
office a monthly report on the number of adult prisoners/detainees
and children in conflict with the law whose cases are pending before
the courts under their jurisdiction, preferably by branch. They shall
reconcile any discrepancy or conflict between the date reflected in
the inventory reports submitted by the presiding judge and the jail
warden or head of the youth detention center or youth rehabilitation
center.
5. Executive Judges shall certify under oath that they personally
conducted the monthly jail visitation and that the entries in the report
are true and correct. The report shall be subscribed and sworn to
by the executive judge concerned before his vice-executive judge/s,
if any, or in case of the latter’s unavailablility, before the presiding
judge of the station nearest to his court, and should the distance or
available mode of transportation be such as to make it impracticable,
the declaration under oath may be done before a public prosecutor
or a notary public, in this order.
6. All requests for transfer of high-risk or high-profile detainees to better
secured jails shall be submitted for appropriate action to the Executive
Judge who has administrative supervision over the court in the place
where the local jail in which the prisoner is currently detained. The
Executive Judge shall act forthwith on such requests with notice to
the Presiding Judge of the court before which the case of the detained
prisoner is pending (Administrative Circular No. 68-2005, October
27, 2005)
E. Guidelines on the Procedure for Collection of Docket Fees in B.P.
22 and Estafa Cases and other Criminal Cases; Actions to be taken
for Non-Payment thereof
1. Under Sections 7, 8, 20 and 21 of Rule 141 of the Revised Rules of
Court as amended, the appropriate docket fees shall be collected
47
by the Clerks of Court of the Regional Trial Court or courts of the first
level in all civil actions impliedly instituted with criminal actions under
Rule 111 of the Revised Rules of Criminal Procedure in the following
manner:
a) BP 22 Cases (OCA Circular No. 70-97, October 21, 1997)
1) The Office of the Clerk of Court shall receive the information
filed by the Office of the Chief State Prosecutor or the
Provincial/City Prosecution Office. Upon receipt, the
information shall be entered in a separate record book and
assigned an undocketed number (UDK No.) consisting of
(a) the Investigation Slip No. (“I.S. No.”) appearing on the
said information for easy identification; and (b) a number,
starting, with No. 1 (Example: UDK No. 6789-1).
2) Thereafter, the Clerk of Court shall, by form letter (Annex
“A”), notify and advise the complainant of (a) the filing of the
information; and (b) the requirement as to the payment in full
of the filing fees under Circular No. 57-97 based upon the
computation stated therein. The State Prosecutor, the
Provincial/Assistant Provincial Prosecutor or the City/
Assistant City Prosecutor who filed the information and the
respondent shall be furnished with copies of the
accomplished form letter sent by the Clerk of Court.
3) The complainant shall have a period of ten days from receipt
of the letter within which to pay the filing fees. Should the
complainant fail to pay the filing fees within the ten-day period
stated herein, the case folder shall be archived upon written
order of the Executive Judge. After the lapse of two (2)
months, the records may be disposed of after written order
of the Executive Judge.
4) Upon receipt of the filing fees under Circular No. 57-97, the
information shall be entered in the court’s general docket
book and assigned the court case number. Thereafter, the
Clerk of Court shall cause the inclusion of the case in the
raffle of cases.
5) In the event that the amount of the actual damages claimed
exceeds the maximum amount of P200,000.00, the filing fees
to be collected in excess of the aforementioned amount shall
be in accordance with the provisions of Section 7(a), Rule
141 of the Rules of Court.

48
b) Estafa Cases (OCA Circular 21-2003, February 3, 2003)
1) In multiple sala stations, the Branch Clerk of Court must
inform the Clerk of Court within fifteen (15) days from receipt
of the records of the case whether or not the civil aspect of
the estafa case has been instituted in the criminal case.
2) The Clerk of Court must send a notice, together with the
assessment of the fees to be paid, to private complainant/s
within five (5) days from receipt of the information from the
Branch Clerk of Court of the institution of the civil aspect in
the criminal case, requiring the private complainant/s to pay
the appropriate docket fees within three (3) days from receipt
of notice.
3) The Clerk of Court must immediately inform the Branch Clerk
of Court of the fact of payment or non-payment, as the case
may be, of the appropriate docket fees.
4) Should the private complainant/s fail to pay the appropriate
docket fees within the given period, the matter must be
submitted to the court concerned for its consideration and
appropriate action.
5) In single sala stations, the Clerk of Court must immediately
collect the appropriate docket fees upon submission of the
manifestation by the private complainant/s of the institution
of the civil aspect of the estafa case in the criminal case.
c) Other Criminal Cases when a Civil Action is Deemed Instituted
with the Criminal Action in Accordance with Section 1, Rule 111
of the Revised Rules of Criminal Procedure because the
Offended Party has not waived the Civil Action, or Reserved the
Right to Institute it Separately, or Instituted the Civil Action prior
to the Criminal Action.
1) When the amount of damages, other than actual, is alleged
in the complaint or information filed in court, then the
corresponding filing fees shall be paid by the offended party
upon the filing thereof in court for trial. Only after payment
thereof shall the case be included in the raffle.
2) There are instances when litigants would claim for damages
other than those included in the complaint or information in
the course of the trial. Sec. 8 (a) of Rule 141 of the Revised
Rules of Court provides that a corresponding docket fee must
be paid for damages of whatever kind. Accordingly, it is
necessary that an additional docket fee must be collected
on the damages claimed during the trial but which were not
specified in complaint/information.
49
 3) In multiple sala stations, the judge concerned must inform
the Clerk of Court within fifteen (15) days from the presentation
of the evidence on the damages claimed by the litigant of the
nature and amount of damages claimed. It is the duty of the
Executive Judge to supervise compliance by the judges.
4) The Clerk of Court must immediately send a notice, together
with the assessment of the fees to be paid, to the party
concerned, requiring the latter to pay the corresponding
docket fees within fifteen (15) days from receipt of notice.
5) The Clerk of Court must immediately inform the Branch Clerk
of Court concerned of the fact of payment or non-payment,
as the case may be, of the corresponding docket fees.
6) Should the party concerned fail to pay the docket fees within
the given period or before the rendition of judgment, the judge
concerned must consider the docket fees as a lien on the
judgment by specifying the same in the fallo or dispositive
portion of the decision.
7) In single sala stations, the Clerk of Court must immediately
send a notice, together with the assessment of the fees to
be paid, to the party concerned, requiring the latter to pay the
corresponding docket fees within fifteen (15) days from
receipt of notice. In case of failure to pay, paragraph no. 4
should apply.

VI. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF EXECUTIVE

JUDGES IN COURT-ANNEXED MEDIATION AND OTHER ADR
MECHANISMS
A. Background and Salient Features
1. On October 16, 2001, the Supreme Court En Banc promulgated a
Resolution in A.M. No. 01-10-5-SC-PHILJA, setting up structures and
guidelines for the implementation and institutionalization of court-
annexed mediation and other ADR mechanisms in the Philippines.
2. The program on Court-Annexed Mediation is complementary to the
adjudicative process, intended to decongest and manage court
dockets properly.
3. The Supreme Court in the same Resolution designated the Philippine
Judicial Academy as its component unit for mediation and other forms
of alternative dispute resolution (ADR) mechanisms in the
Philippines, and established the Philippine Mediation Center (PMC).
50
 4. PHILJA-PMC established, in coordination with OCA, units of the
Philippine Mediation Center (PMC) tasked to render mediation
services in court-houses, as mandated in A.M. No. 01-10-5-SC-
PHILJA, October 16, 2001.
5. PHILJA directs and manages the Philippine Mediation Center (PMC).
(Item No. 2, A.M. No. 01-10-5-SC-PHILJA, October 16, 2001)
6. The operational control and supervision over PMC units in Court-
Annexed Mediation and other methods of ADR Mechanisms shall be
with PHILJA PMC Office, in coordination with the Office of the Court
Administrator. (Item No. 4, A.M. No. 01-10-5-SC-PHILJA, October
16, 2001) (Exercised by the Executive Judges in court stations
pursuant to Sec. 1, Chapter 1, A.M. No. 03-8-02-SC)
On March 23, 2004, the Implementing Rules and Regulations on
Mediation in Trial Courts were approved by the Supreme Court En
Banc in a Resolution in A.M. No. 04-3-15-SC. Before the Resolution
took effect, the Office of the Court Administrator issued Circular No.
82-2001, November 12, 2001, directing Executive Judges to perform
functions, implementing mediation mandated in A.M. No. 01-10-5-
SC-PHILJA, October 16, 2001.
B. Roles and Functions of Executive Judges in Court-Annexed
Mediation and Other ADR Processes
Among others, the En Banc Resolution, A.M. No. 04-3-15-SC, March
23, 2004, defines the roles and functions of Executive Judges with respect
to Court-Annexed Mediation and other ADR Mechanisms; thus, Executive
Judges are directed to do the following:
1. Direct and periodically remind judges within the area of their
administrative supervision, where PMC Units exist and are
established to refer mediatable cases to mediation, pursuant to the
second revised guidelines for the implementation of mediation
proceedings (A.M. No. 01-10-5-SC-PHILJA, October 16, 2001)
a) The following cases are referable to mediation (A.M. 01-10-5-
SC-PHILJA, 16 October 2001):
1) All civil cases, settlement of estates, and cases covered by
the rule on summary procedure, except those which may
not be compromised;
2) Cases cognizable by the Lupong Tagapamayapa under the
Katarungan Pambarangay Law;
3) Civil aspect of B.P. 22 cases;

51
 4) Civil aspect of quasi-offenses under Title 14 of the Revised
Penal Code.
b) The following cases are declared by the Supreme Court
mediatable pursuant to Sec. 9, Rules 141 on Legal Fees, as
amended (A.M. No. 04-2-04-SC, July 20, 2004, effective 16
August 2004):
1) All civil cases, settlement of estates and cases covered by
the Rule on Summary Procedure except those cases which
by law may not be compromised. (Ex. Annulment of Marriage,
etc.)
2) Cases covered by the Lupon Tagapamayapa under the
Katarungang Pambarangay Law (P.D. 1508, amended by
RA 7160)
3) Civil Aspect of BP 22.
4) Civil Aspect of Quasi-Offenses under Title 14 of the Revised
Penal Code, such as cases involving negligence and
imprudence.
5) The civil aspect of Estafa and libel cases, where damages
are sought.
c) Simple theft cases are also mediatable. (A.M. No. 04-1-12-SC-
PHILJA, January 20, 2004)
d) Mediation in above mentioned cases is, as a rule, a part of pre-
trial.
Exceptions:
1) Pending cases past pre-trial but declared by the Supreme
Court as mediatable during a settlement period.
2) Pending civil cases past pre-trial upon joint motion of the
parties.
Commentary:
a. To focus and emphasize the mandatory character of referral of
mediatable cases to mediation, Administrative Circular No.
4-2004, issued on February 4, 2004, requires, among other
matters, the submission by Judges and Clerks of Court of
monthly inventory of the number of cases referred to mediation,
how many were settled and how many failed. (Role of Court
Administrator, IRR on Mediation, March 23, 2004; Administrative
Circular 4-2004, February 4, 2004).
52
 b. Mandatory referral of mediatable cases to mediation (in areas
where there are PMC Units) is being strictly observed by trial
courts pursuant to existing court issuances.
2. In the course of establishing mediation centers in court stations,
Executive Judges assist PHILJA-PMC in providing a permanent
mediation office/space for the PMC unit within their respective areas
of supervision.
3. Upon the initiative of the local government units, Executive Judges
may arrange with the former to provide basic office space, equipment
and furniture for PMC units.
4. The Executive Judge shall encourage Judges and court personnel
in court stations where PMC units and mediation services exist, to
extend to mediators every possible support and assistance.
Commentary:
a. Contrary to an erroneous notion that mediation competes with
the functions of the court, Executive Judges, judges and court
personnel shall be one in supporting the program as it is merely
complementary to ordinary court proceedings intended to assist
trial courts in decongesting court dockets, among others.
b. Moreover, mediation and other ADR mechanisms established
and operating under existing resolutions and issuances of the
court are now institutionalized processes as part of our court
system.
c. PMC Units are now serving our trial courts nationwide and the
Appellate Courts in Manila, and in due time, Cebu and Cagayan
de Oro.
5. The Executive Judge directs the Clerk of Court to collect and deposit
mediation fees required to be collected and paid upon the filing of
certain pleadings, to form the Mediation Fund pursuant to Sec. 9,
Rule 141 of the Rules of Court, as amended.
Commentary on Mediation Fees (Rule 141, Sec. 9)
a. Mediation fees are collected as part of the legal fees. (Rule 141)
b. Collection and payment of mediation fees are mandatory
pursuant to Sec. 1 and Sec. 9 of Rule 141 on Legal Fees which
took effect on August 16, 2004.
c. Guidelines for collecting fees for the Mediation Fund under Sec.
9, Rule 141, are contained in a Resolution of the Court En Banc

53
 A.M. No. 05-3-13-SC-PHILJA, July 5, 2005, and implementing
circulars issued by the Office of the Court Administrator.
d. Implementing guidelines for the utilization and disbursement of
the Mediation Fund provided for in Sec. 9 of Rule 141 of the
Rules of Court on Legal Fees are provided by a Resolution
promulgated by the Supreme Court En Banc in A.M. No. 05-3-
25-SC-PHILJA, April 26, 2005.
e. The duty of the Clerk of Court to collect the Mediation Fees
required in Sec. 9, Rule 141 of the Rules of Court on Legal Fees,
is ministerial similar to the collection of other docket fees.
f. Deposit of Mediation Fund
i. For collections under Sec. 9, Rule 141, the Fund shall be
deposited as “SC-PHILJA-PMC Trust Fund” (Rule 141) under
LBP Savings Account No. 3471-1000-08.
ii. For collections under A.M. No. 01-10-05-SC-PHILJA, the fund
shall be deposited as “SC-PHILJA-PMC Trust Fund” under
LBP Account No. 0592-1055-60
6. Executive Judges coordinate with PHILJA and PMC Office in
supervising the PMC units as well as the activities of Accredited
Mediators assigned.
7. Executive Judges shall ensure the proper implementation of
approved mediation structure, procedures and guidelines in their
respective areas of supervision, so as to institutionalize mediation
and other ADR mechanisms in the Philippines.
8. The Executive Judge shall exercise such functions in relation to
mediation and other ADR mechanisms, germane to his role defined
in A.M. No. 04-3-15-SC, March 23, 2004, on existing Implementing
Rules and Regulations on Mediation issued by the Supreme Court,
and Guidelines defining the powers, prerogatives and duties of
Executive Judges (A.M. No. 03-8-02-SC, effective February 15,
2004, Chapter I, Sec. 1)

VII. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF EXECUTIVE

JUDGES IN EXTRA-JUDICIAL FORECLOSURE OF MORTGAGE
A. Real Estate Mortgages under Act 3135 (1924), as amended
When a sale is made under a special power inserted in or attached to
any real estate mortgage as security for the payment of money or

54
 fulfillment of any other obligation, the following shall govern as to manner
in which such sale shall be effected:
1. Said sale cannot be made legally outside of the province in which
the property sold is situated; and in case the place within the province
in which the sale is to be made is the subject of stipulation, such
sale shall be made in said place or in the municipal building of the
municipality in which the property or part thereof is situated. (Act
3135 [1924], Sec. 2)
2. Notice shall be given by posting notices of the sale for not less than
twenty days in at least three public places of the municipality or city
where the property is situated, and if such property is worth more
than four hundred pesos, such notice shall also be published once a
week for at least three consecutive weeks in a newspaper of general
circulation in the municipality or city. (Act 3135 [1924], Sec. 3)
3. The sale shall be made at public auction, between the hours of nine
in the morning and four in the afternoon; and shall be under the
direction of the sheriff of the province or the municipality in which
such sale has to be made, or of a notary public of the said municipality.
(Act 3135 [1924], Sec. 4)
4. At any sale, the creditor, trustee, or other person authorized to act
for the creditor, may participate in the bidding, and purchase under
the same conditions, as any other bidder, unless the contrary has
been expressly provided in the mortgage or trust deed under which
the sale is made. (Act 3135 [1924], Sec. 5)
B. Chattel Mortgage under Act 1508, as amended
The mortgagee, his executor, administrator, or assign, may, after thirty
days from the time the condition of a chattel mortgage is broken, cause
the mortgaged property, or any part thereof to be sold at public auction
by a public officer at a public place in the municipality where the
mortgagor resides, or where the property is situated, provided at least
ten days notice of the time, place and purpose of such sale has been
posted at two or more public places in such municipality, and the
mortgagee, his executor, administrator, or assign, shall notify the
mortgagor or person holding under him and the persons holding
subsequent mortgages of the time and place of sale, either by notice in
writing directed to him or left at his abode, if within the municipality, or
sent by mail if he does not reside in such municipality at least ten days
previous to the sale.
The officer making the sale shall, within thirty days thereafter, make in
writing a return of his doings and file the same in the office of the Registry

55
 of Deeds where the mortgage is recorded, and the Registry of Deeds
shall record the same.
The return shall particularly describe the articles sold, and state the
amount received for each article, and shall operate as a discharge of
the lien thereon created by the mortgage. The proceeds of such sale
shall be applied to the payment, first, of the costs and expenses of keeping
and sale, and then to the payment of the demand or obligation secured
by such mortgage, and the residues shall be paid to persons holding
subsequent mortgages in their order, and the balance, after paying the
mortgages, shall be paid to the mortgagor or person holding under him
on demand.
If the sale includes a large cattle, a certificate of transfer shall be issued
by the treasurer of the municipality where the sale was held to the
purchaser thereof.
(Act No. 1508 [1906], Sec. 14)
C. Applications for Extra-Judicial Foreclosure of Mortgage
All applications for extra-judicial foreclosure of mortgage, whether under
the direction of the Sheriff or a notary public pursuant to Act No. 3135
(1924), as amended, and Act 1508 (1906), as amended, shall be filed
with the Executive Judge, through the Clerk of Court, who is also the
Ex-Officio Sheriff (A.M. No. 99-10-05-0, as amended, March 1, 2001;
OCA Circular No. 7-2002, January 22, 2002, Sec. 1)
D. Duties of the Clerk of Court
Upon receipt of the application, the Clerk of Court, upon the supervision
of the Executive Judge, shall:
a. Examine the same to ensure that the special power of attorney
authorizing the extra-judicial foreclosure of the real property is either
inserted into or attached to the deed of real estate mortgage (Act
No. 3135 [1924], as amended, Sec. 1; OCA Circular No. 7-2002,
January 22, 2002, Sec. 2[a])
b. Give a file number to the application and endorse the date and time
of its filing and thereafter docket the same, keeping, in this connection,
separate docket books for extra-judicial foreclosure sales conducted
by the Sheriff and those conducted by notaries public. (OCA Circular
No. 7-2002, January 22, 2002, Sec. 2 [b])
c. For the conduct of extra-judicial foreclosure of real estate or chattel
mortgage under the direction of the sheriff, collect the appropriate
filing fees and issue the corresponding official receipt pursuant to
the following schedule:
56
 If the amount of the indebtedness or the mortgagee’s claim is:
(1) Less than P50,000.00 .................................................. P275.00
(2) P50,000.00 or more but less than P100,000.00 ........... 400.00
(3) P100,000.00 or more but less than P150,000.00 ......... 500.00
(4) P150,000.00 or more but less than P200,000.00 ......... 650.00
(5) P200,000.00 or more but less than 250,000.00 ...........1,000.00
(6) P250,000.00 or more but less thanP300,000.00 ......... 1,250.00
(7) P300,000.00 or more but less than P400,000.00 ........ 1,500.00
(8) P400,000.00 or more but less than P500,000.00 ........ 1,750.00
(9) P500.000.00 or more but less than P1,000,000.00 ..... 2,000.00
(10) For each P1,000.00 in excess of P1,000,000.00 ........ 10.00
(Sec. 7 (c), Rule 141, Rules of Court, as amended by A.M. No. 00-2-
01- SC, February 1, 2000; OCA Circular No. 7-2002, Sec. 2[c])
Cooperatives, thrift banks, and rural banks are not exempt from the
payment of filing fees and other fees under these guidelines (A.M. No.
98-9-280-RTC, September 29, 1998; A.M. No. 99-3-93-RTC, April 20,
1999, and A.M. No. 92-9-408-0; OCA Circular No.7-2002, January 22,
2002; and OCA Circular No. 20-2004, February 10, 2004)
No written request/petition for extra-judicial foreclosure of mortgages,
real or chattel, shall be acted upon by the Clerk of Court, as Ex-Officio
Sheriff, without the corresponding filing fee having been paid and the
receipt thereof attached to the request/petition as provided in Section 7
(c), of Rule 141 of the Rules of Court. (Administrative Circular No. 3-98,
February 5, 1998, par. 2; OCA Circular No. 93-2004, August 12, 2004)
In case the application is for the extra-judicial foreclosure of mortgage
of real estates and/or chattels in different locations covering one’s
indebtedness, only one filing fee corresponding to such indebtedness
shall be collected. The collecting Clerk of Court shall, apart from the
official receipt for the fee, issue a certificate of payment indicating the
amount of indebtedness, the filing fees collected, the mortgages sought
to be foreclosed, the real estates and/or chattels mortgaged and their
respective locations, which certificate shall serve the purpose of having
the application docketed with the Clerks of Court of the places where
the other properties are located and of allowing the extra-judicial
foreclosure to proceed thereat (A.M. No. 99-10-05-0, January 25, 2000,
par. 2[e]; OCA Circular No. 7-2002, January 22, 2002, Sec. 2[d])
E. Assignment by Raffle
The application for extra-judicial foreclosure shall be raffled under the

57
 supervision of the Executive Judge, with the assistance of the Clerk of
Court and Ex-Officio Sheriff, among all Sheriffs including those assigned
to the Office of the Clerk of Court and Sheriffs assigned in the branches
of the court. A Sheriff to whom the case has been raffled shall be excluded
in the succeeding raffles and shall participate again only after all other
Sheriffs shall have been assigned a case each by raffle. (Administrative
Circular No. 3-98, February 5, 1998; OCA Circular No. 7-2002, January
22, 2002, Sec. 3)
F. Notice of Extra-judicial Sale
The Sheriff to whom the application for extra-judicial foreclosure of
mortgage is raffled shall prepare a Notice of Extra-judicial Sale using
the following form:
“NOTICE OF EXTRA-JUDICIAL SALE
Upon extra-judicial petition for sale under Act 3135 (or Act
1508) filed by ___________________________against
_____________________________to satisfy the mortgage
indebtedness which, as of __________________________,
amounts to _________________________________, the
undersigned Ex-Officio Sheriff (or the undersigned Sheriff
duly authorized by raffle) will sell at public auction on
__________________________at 10:00 a.m. or soon
thereafter at the main entrance of
_______________________to the highest bidder, for cash
or manager’s check and in Philippine Currency, the following
property with all its improvements, to wit:
Description of Property
All sealed bids must be submitted to the undersigned on the
above stated date and time.
In the event the public auction shall not take place on the
said date, it shall be held on ______________ without further
notice.”
In case of foreclosure of real estate mortgage, the Sheriff shall cause
the publication of the notice of sale by posting it for not less than twenty
(20) days in at least three (3) public places in the municipality or city
where the property is situated and if such property is worth more than
four hundred (P400.00) pesos, by having such notice published once a
week for at least three (3) consecutive weeks in a newspaper of general
circulation in the municipality or city (Sec. 3, Act 3135, as amended).
The Executive Judge shall designate regular working day and definite
time each week during which said notice shall be distributed personally
58
 by him for publication to qualified newspapers or periodicals as defined
in Sec. 1 of Presidential Decree No. 1079 (1997), which distribution
shall be effected by raffle. (A.M. No. 01-1-07-SC, October 16, 2001;
OCA Circular No. 7-2002, January 22, 2002, Sec. 4 b[1], first par.)
For real estate mortgages covering loans not exceeding P100,000.00,
exclusive of interests due and unpaid, granted by rural banks (R.A .No.
7353, Sec. 6) or thrift banks (R.A. No. 7906, Sec. 18), publication in a
newspaper shall be dispensed with, it being sufficient that the notices of
foreclosure are posted for a period of sixty (60) days immediately
preceding the public auction in the most conspicuous areas of the
municipal building, the municipal public market, the rural bank, the
barangay hall, and the barangay public market, if any, where the land
mortgaged is situated. Proof of publication shall be accomplished by an
affidavit of the Sheriff and shall be attached to the records of the case.
(OCA Circular No. 7-2002, January 22, 2002, Sec. 4 b[1], 2nd par.)
In case of foreclosure of a chattel mortgage, the Sheriff shall post the
notice for at least ten (10) days in two (2) or more public places in the
municipality where the mortgagor resides or where the property is
situated. (Act No. 1508 [1906], as amended, Sec. 14; OCA Circular No.
7-2002, January 22, 2002, Sec. 4 b[2])
G. Conduct of Extra-judicial Foreclosure Sale
a. The bidding shall be made through sealed bids which must be
submitted to the Sheriff who shall conduct the sale between the
hours of 9:00 a.m. and 4:00 p.m. of the date of the auction (Act
3135, [1924], Sec. 4). The property mortgaged shall be awarded to
the party submitting the highest bid and, in case of a tie, an open
bidding shall be conducted between the highest bidders. Payment
for the winning bid shall be made either in cash or in manager’s
check, in Philippine Currency, within five (5) days from notice. (OCA
Circular No. 7-2002, January 22, 2002, Sec. 5[a])
b. The sale must be made in the province in which the real property is
situated and, in case the place within the said province in which the
sale is to be made is the subject of stipulation, such sale shall be
made in said place or in the municipal building of the municipality in
which the property or part thereof is situated. (Act No. 3135 [1924],
as amended, Sec. 2; OCA Circular No. 7-2002, January 22, 2002,
Sec. 5[b])
In case of a chattel mortgage, the sale shall be made at a place or in
the municipality where the mortgagor resides or where the property
is situated (Act No. 1508, [1906], Sec. 14, as amended; OCA Circular
No. 7-2002, January 22, 2002, Sec. 5[b]).
59
H. Collection of Fees
After the sale, the Clerk of Court shall collect the appropriate fees
pursuant to Sec. 9 (l), Rule 141, as amended by A.M. No. 00-2-01-SC,
computed on the basis of the amount actually collected by him, which
fee shall not exceed P100,000.00 (A.M. No. 99-10-05-0, March 1, 2001,
2[d]). The amount paid shall not be subject to a refund even if the
foreclosed property is subsequently redeemed. (OCA Circular No. 7-
2002, January 22, 2002, Section 6)
I. Report of Sheriff/Notary Public
The Sheriff or the notary public who conducted the sale shall report the
name/s of the bidder/s to the Clerk of Court before the issuance of the
certificate of sale. (A.M. 99-10-05-0, March 1, 2001, par. 5)
In case of foreclosure under Act No. 1508 (1906), the Sheriff shall, within
thirty (30) days from the sale, prepare a return and file the same in the
Office of the Registry of Deeds where the mortgage is recorded. (OCA
Circular No. 7-2002, January 22, 2002, Sec. 7)
J. Certificate of Sale
Upon presentation of the appropriate receipts, the Clerk of Court shall
issue and sign the Certificate of Sale, subject to the written approval of
the Executive Judge or, in the latter’s absence, the Vice Executive Judge.
Prior to the issuance of the Certificate of Sale, the Clerk of Court shall,
in extra-judicial foreclosure conducted under the direction of the sheriff,
collect P300.00 as provided in Sec. 20[d], Rule 141, as amended, and
in extra-judicial foreclosure sales conducted under the direction of a
notary public, collect the appropriate fees pursuant to Rule 141, Sec.
20[e], which amount shall not exceed P100,000.00. (A.M. No. 99-10-
05-0, August 7, 2001; OCA Circular No. 7-2002, January 22, 2002, Sec.
9)
No certificate of sale shall be issued in favor of the highest bidder until
all fees provided for in par. 3 of Sec. 9 (l) shall have been paid. The
sheriff shall attach to the records of the case a certified copy of the
Official Receipt of the payment of the fees and shall note the O.R. number
in the duplicate of the Certificate of Sale attached to the records of the
case. (Administrative Circular No. 3-98, February 5, 1998; OCA Circular
No. 93-2004, August 12, 2004)
K. Records of Sale
After the Certificate of Sale has been issued to the highest bidder, the
Clerk of Court shall keep the complete records, while awaiting any
redemption within a period of one (1) year from the date of registration of

60
 the certificate of sale with the Register of Deeds, after which the records
shall be archived (A.M. No. 99-10-05-0, March 1, 2001, 2[e]). Juridical
persons whose property is sold pursuant to an extra-judicial foreclosure
shall have the right to redeem the property until, but not later than, the
registration of the certificate of foreclosure sale which in no case shall
be more than three (3) months after foreclosure, whichever is earlier
(R.A. 8791 [2000], Sec. 47).

VIII. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF EXECUTIVE

JUDGES IN PERSONNEL ADMINISTRATION
A. Flag-Raising and Flag-Lowering Ceremonies
The Executive Judge shall supervise the holding of flag-raising and flag-
lowering ceremonies in their respective Halls of Justice or courthouses
in accordance with the provisions of Republic Act No. 8491, otherwise
known as the “Flag and Heraldic Code of the Philippines,” and shall
ensure the attendance of all judges and court personnel in these
ceremonies. The Executive Judge shall see to it that the Judiciary Hymn
is sung during the flag-raising ceremony. A report on the absentees in
both ceremonies for every month shall be submitted to the Office of the
Court Administrator within the first ten (10) days of the succeeding month.
(A.M. No. 03-802-SC, October 27, 2005, Chapter VII, Sec. 1; OCA
Circular No. 62-2001, September 27, 2001)
The relevant provisions of Republic Act No. 8491 (1998), provide, to wit:
“Sec. 18. All government offices and educational institutions shall
henceforth observe flag-raising ceremony every Monday morning
and the flag-lowering ceremony every Friday afternoon. The
ceremony shall be simple and dignified and shall include the playing
or singing of the Philippine National Anthem.
“xxx
“Sec. 21. During the flag-raising ceremony, the assembly shall stand
in formation facing the flag. At the moment the first note of the anthem
is heard, everyone in the premises shall come to attention; moving
vehicles shall stop. All persons present shall place their right palms
over their chests, those with hats shall uncover; while those in military,
scouting, security guard, and citizens military training uniforms shall
give salute prescribed by the regulations, which salute shall be
completed upon the last note of the anthem.
“The assembly shall sing the Philippine National Anthem,
accompanied by a band, if available, and at the first note, the flag
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 shall be raised briskly.
“xxx
“Sec. 22. During the flag lowering, the flag shall be lowered solemnly
and slowly so that the flag shall be down the mast at the sound of
the last note of the anthem. Those in assembly shall observe the
same deportment or shall observe the same behavior as for the
flag-raising ceremony.”
Sec. 25 of Republic Act 8491 (1998) prescribes the following as the
Pledge of Allegiance to the Philippine Flag to be recited during the flag-
raising ceremonies right after the singing of the National Anthem:
AKO AY PILIPINO
BUONG KATAPATANG NANUNUMPA
SA WATAWAT NG PILILPINAS
AT SA BANSANG KANYANG SINASAGISAG
NA MAY DANGAL, KATARUNGAN AT KALAYAAN
NA PINAKIKILOS NG SAMBAYANANG
MAKA-DIYOS
MAKA-TAO
MAKAKALIKASAN AT
MAKABANSA.
At the flag-raising ceremonies on Mondays in all courts of the land, the
Pledge of Allegiance to the Philippine Flag shall be the oath of allegiance
to be recited. (Memorandum Order No. 09-2004, January 28, 2004)
B. Compliance of Court Employees with the Guidelines on the
Wearing of the Prescribed Office Uniforms
The Executive Judge shall ensure that all court employees wear the
prescribed uniforms in accordance with the schedule fixed by the
Supreme Court. Non-wearing of office uniforms shall be allowed only
for special and very meritorious reasons. In multiple-branch courts, the
Executive Judge shall constitute a Uniform Committee composed of
three (3) members, with the Clerk of Court as Chairperson, which shall
act on all requests for exemption from wearing the prescribed uniforms.
(A.M. No. 03-8-02-SC, January 27, 2004, Sec. 2)

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 Identification Card (I.D.) forms part of the official uniform/appropriate
office attire. Thus, it must be worn at all times while on official duty.
(Memorandum Circular No. 06-2005, October 13, 2005)
C. Concerns of Judges
1. On Attendance of Judges Within His Area of Supervision
The Executive Judge shall report immediately to the Office of the
Court Administrator judges absent from their respective stations who
have not filed any application for leave or unable to discharge their
duties for any cause, including but not limited to, illness, injury or
disability.
The Vice Executive Judge shall likewise immediately report to the
Court Administrator should the Executive Judge go on leave without
filing the appropriate application for leave.
2. On Claims for Travel Expenses of Judges
The Executive Judge shall review and approve the itinerary of travel,
and sign the certificate of travel completed by judges in support of
their claims for travel expenses. In the certificate of travel completed,
the Executive Judge shall certify that on the basis of the evidence
presented and on information of which he has knowledge, the travel
was actually undertaken.
The Executive Judge shall also certify as to the necessity and legality
of the claim involved. The Executive Judge shall sign in Box A of the
disbursement vouchers containing the certification that the expenses
incurred by the claimant were necessary, lawful and incurred under
his direct supervision.
3. On Hardship and Additional Expense Allowances
Executive Judges shall certify as to the necessity and legality of the
claims of judges for hardship and additional expense allowances.
The Executive Judge shall sign in Box A of the disbursement vouchers
containing the certification that the expenses incurred by the claimant
were necessary, lawful and incurred under his direct supervision.
4. Immersion Program for Newly Appointed Judges
The Executive Judge supervises the conduct of immersion program
of newly appointed judges in his administrative area of supervision.
D. Administrative Discipline
1. Disciplinary Jurisdiction Over Light Offenses

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 The Executive Judge shall have authority to act upon and investigate
administrative complaints involving light offenses as defined under
the Civil Service Law and Rules (Administrative Code of 1987), and
the Code of Conduct and Ethical Standards for Public Officials
(Republic Act No. 6713 [1989]), where penalty is reprimand,
suspension for not more than thirty (30) days or a fine not exceeding
thirty (30) days’ salary, and as classified in pertinent Civil Service
resolutions or issuances, filed by a judge against a court employee,
except lawyers who both work in the same station within the Executive
Judge’s area of supervision; or by a court employee against another
court employee, except lawyers who both work in the same station
within the Executive Judge’s area of administrative supervision.
2. Employees Charged with Violation of Existing Laws on Graft and
Corruption and Suspended Pursuant to Sec 13 of RA 3019 [1960]
The Executive Judge shall require the judges in his area of supervision
to submit the list of employees criminally charged under a valid
Information for violation of RA 3019 [1960] as amended or under the
Revised Penal Code on bribery and related crimes and who have
been suspended pursuant to the Sec 13 of RA 3019 [1960], and
submit the report to the Office of the Court Administrator.
3. Personnel Matters
a) Daily Attendance of Court Personnel in the Office of the Clerk of
Court (OCC)
The Executive Judge certifies to the correctness of the certificates
of service and daily time records of the Clerk of Court and other
personnel in the Office of the Clerk of Court.
b) Recommendations for Appointment to Vacancies
The Executive Judge makes recommendations for appointment
to vacancies in the Office of the Clerk of Court and transmits to
the Office of the Court Administrator the recommendation of the
judges in the vacancies in the branches.
c) Reassignment/Detail of Lower Court Personnel
The Executive Judge reassigns lower court personnel within his
area of supervision, copy furnished the Office of Administrative
Services (OAS) and Financial Management Office (FMO) of the
Office of the Court Administrator.
d) Performance Rating of Court Personnel
The Executive Judge ensures compliance with the performance

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 evaluation system established for the personnel of the lower
courts by requiring all Presiding Judges to submit the performance
rating of all employees supervised by them
E. Constitution of the OCA Performance Evaluation Review
Committee (PERC) in the Lower Courts pursuant to OCA Circular
Nos. 10-2001 and 94-2001, February 1 and December 11, 2001,
respectively.
The Executive Judge ensures compliance with the performance
evaluation system established for the personnel of the lower courts by
requiring all Presiding Judges to submit the performance rating of all
employees supervised by them
F. Grievance Machinery for the Lower Courts pursuant to OCA
Circular No. 03-2006, January 5, 2006. (See Annex “E”)
The Executive Judge:
1. serves as Chairperson of the Performance Evaluation Review
Committee (PERC) for the multiple-branch first and second level
courts and Offices of the Clerk of Court.
2. serves as the Chairperson of the Employee Grievance Committee
for multiple branch first and second level courts
G. Committee on Decorum and Investigation
The Executive Judges shall constitute the Committee on Decorum and
Investigation which shall receive and inquire into sexual harassment
complaints in accordance with the Rule on Administrative Procedure in
Sexual Harassment Cases and Guidelines on Proper Work Decorum in
the Judiciary pursuant to A.M. 03-03-13-SC, which took effect on January
3, 2005, and its Amendment set forth in OCA Circular No. 58-2006, March
27, 2006. (See Annex “F”)

IX. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF EXECUTIVE

JUDGES ON FINANCIAL MANAGEMENT
A. Legal Fees and Guidelines in the Allocation of Legal Fees pursuant
to A.M. 04-2-04-SC effective August 16, 2004, and Amended
Administrative Circular 35-2004, August 20, 2004.
The Executive Judge shall:
a) Ensure that all court fees are collected and are deposited under the
savings account with the government depository bank and deposits

65
 are made in the name of the court and not in the name of the judge
or clerk of court.
b) Keep a record of the government depositary bank’s name, branch,
complete address, and the savings and current account numbers.
c) Act as signatory to all checks issued by the Clerk of Court and to all
bank slips for authorized withdrawals of any money or monies from
the court.
d) Designate the Clerk of Court or his assistant, if any, to monitor the
collection, deposit or remittance of all court collections of all first
level courts within his area of supervision.
e) Ensure that only regular employees of the court who are duly bonded
act as cash clerks or cashiers authorized to receive payments of
fees, fines, costs, bail bonds and other related fees.
B. Reporting of Court Collections
The Executive Judge shall also ensure that monthly reports of all
collections (JDF and General Fund) are made not later than the 10th
day of each succeeding month. The reports shall be in accordance
with the provisions of OCA Circular No. 47-7 issued on July 28, 1997,
and OCA Circular No. 32-93 issued on May 28, 1993.
C. Financial Audit of Court Collections
The Executive Judges shall coordinate with the Court Management Office
of the Office of the Court Administrator for the conduct of financial audit
of court collections.

X. SPECIFIC POWERS, PREROGATIVES AND DUTIES OF EXECUTIVE

JUDGES ON NOTARIES PUBLIC
A. Appointment and Supervision of Notaries Public (See Annex “G”)
The Executive Judge shall:
a) Act on all applications/renewal for notarial commissions and issue
commissions to qualified notaries public, and certificate of authorization
to purchase a notarial seal which shall be valid for three (3) years from
date of issue unless extended.
b) Keep and maintain a Register of Notaries Public, and furnish the Office
of the Court Administrator information and data recorder in the said
Register.

66
 c) Issue authorization to sell to a vendor or manufacturer of notarial seals
after verification of the latter’s qualification and payment of the required
fees.
d) Require lawyers appointed as notaries public to personally appear before
them to take their oath before entering upon the discharge of their duties
as such notaries public.
e) Monitor closely the activities of the notaries public.
f) Ensure that the notaries public render notarial services only in their
respective offices, subject to exceptional occasions or situations
prescribed by the existing laws on notarial practice.
g) Impose appropriate administrative sanctions against erring notaries
public, including, but not limited, to the non-renewal, withdrawal,
revocation or cancellation of their commissions.
Upon receipt of notice that the official seal is stolen, lost, damaged or
otherwise rendered unserviceable in affixing a legible image, the
Executive Judge shall order the notary public to cause the notice of loss
or damage to be published for three (3) consecutive weeks in a
newspaper of general circulation in the city or province where the notary
public is commissioned, and thereafter, shall issue a new certificate of
authorization to purchase a notarial seal.
Within five (5) days from notice of the death or resignation of the notary
public, or the revocation or expiration of the notarial commission, the
official seal shall be surrendered to the Executive Judge who shall destroy
or deface said seal in public during office hours. The same procedure
shall be applied in case the missing, lost or damaged seal is later found
or surrendered.

XI. SPECIFIC DUTIES OF EXECUTIVE JUDGES ON ACCREDITATION

OF NEWSPAPERS AND PERIODICALS
A. Guidelines in the Accreditation of Newspapers and Periodicals Seeking
to Publish Judicial and Legal Notices and Other Similar Announcements
and in the Raffle Thereof pursuant to both En Banc Resolution A.M. No.
01-1-07, October 16, 2001 and OCA Circular No. 78-2005, July 29, 2005.
(See Annexes “H” and “I)
The Executive Judge performs the following tasks:
a) Acts on all applications for accreditation to publish judicial and
legal notices and other similar announcements in accordance
with the guidelines prescribed by the existing court issuances.
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 b) Distributes through raffle judicial notices or advertisements for
publication to accredited newspapers or periodicals.
c) Determines the rates of publication charges.
B. Accreditation of Two or More Newspapers of the Same Owner is not
allowed under both OCA Circular Nos. 62-2003, June 2, 2003 and 71-
2006, April 21, 2006.
C. Clarification on the Guidelines in the Accreditation of Newspapers and
Periodicals pursuant to OCA Circular No. 27-2002, June 25, 2002)
The Executive Judge suspends or revokes accreditation of a newspaper
or periodical for failure to comply with the requirements for said
accreditation.

XII. SPECIFIC DUTIES OF EXECUTIVE JUDGES ON ACCREDITATION

OF BONDING COMPANIES
1. Accreditation of surety companies
In order to preclude spurious and delinquent surety companies from
transacting business with the courts, no surety company or its authorized
agents shall be allowed to transact business involving surety bonds with
the Regional Trial Courts, Shari’a District Courts, Metropolitan Trial Courts,
Municipal Circuit Trial Courts, Shari’a Circuit Courts, unless accredited
and authorized by the Office of the Court Administrator.
2. Executive Judges shall submit a monthly report to Legal Office, Office
of the Court Administrator, on total amount of obligations incurred by
insurance/bonding companies or agencies that fail to satisfy claims
against them in connection with confiscated/forfeited bonds.
3. Executive Judges shall likewise monitor the submission by the courts
within their respective areas of administrative supervision of the monthly
report on the inventory of forfeited cash, surety and property bonds in
both civil and criminal cases.
(See Guidelines on Corporate Surety Bonds, A.M. No. 04-7-02-SC
dated July 20, 2004, effective August 16, 2004, Annex “J”)

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XIII. SPECIFIC DUTIES OF EXECUTIVE JUDGES ON COURT PROPERTY
AND OTHER MATTERS
A. Monthly Submission of Inventory Report and Submission of Estimated
Consumption of Office Supplies - Circular No. 37-2002, March 15, 2002
and OCA Circular No. 39-2007, April 23, 2007, respectively.
The Executive Judge monitors, with the assistance of the Clerk of Court,
the monthly accomplishment and submission by all clerks of court, branch
clerks of court and accountable officers, of inventory of office supplies
and official court forms to the Property Division, Office of the Court
Administrator, within five (5) days after the end of every month.
B. Physical Inventory of Court Issued Properties Pursuant to OCA Circular
No. 57-98, November 9, 1998.
The Executive Judge supervises the conduct of the physical inventory
of properties assigned to every branch, office and library, and the prompt
accomplishment and submission of inventory reports.
C. Distribution and Dissemination of Court Issuances
The Executive Judge distributes and disseminates all administrative
issuances of the Supreme Court and the Office of the Court Administrator
to the judges within his administrative area of supervision, and monitors
the compliance therewith.
D. Sale of Disposed Court Records, Papers and Exhibits
The Executive Judge acts as witness to the sale of the disposed court
records, papers and exhibits. (See Guidelines in the Disposal and/or
Destruction of Court Records, Papers and Exhibits, Administrative Order
No. 120-2007, July 25, 2007, Annex (“K”)
E. Use of Court Libraries
The Executive Judge ensures strict compliance with the rules and
guidelines on the use of the court library. (Administrative Circular No.
37-2002, August 12, 2002)
F. Halls of Justice and Courthouses
The Executive Judge determines if the Halls of Justice and courthouses
are provided with adequate court facilities and problems relating to their
condition and maintenance as well as if the janitorial and security services
therein are attended to regularly, and informs the SC Committee on the
Halls of Justice concerning the problems that may be encountered from
time to time to the facilities and maintenance of the Hall of Justice and
courthouses.

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 The use of Halls of Justice for residential or commercial purpose is
prohibited (Administrative Circular No. 3-92, August 31, 1992)
Likewise, gambling or engaging in other forms of gambling within Court
premises is prohibited. (Memorandum Circular No. 09-2007, June 18,
2007)
G. Posting of Guidelines on the Solemnization of Marriage
The Executive Judge causes the required posting of copies of the
guidelines on the solemnization of marriage in conspicuous places in
the Halls of Justice or courthouses and on the bulletin board at the
entrance of the courtroom of each court.
H. Bar Relations
Executive Judges shall conduct dialogues and conferences at least once
every semester with the officers of the local chapters of the Integrated
Bar of the Philippines in their respective areas of administrative
supervision. At these dialogues and conferences, Executive Judges
shall discuss with the IBP officers problems confronting lawyers, and
study and adopt methods and solutions to enable both the Bench and
Bar to work together in the speedy resolution of cases.
I. Annual Report
Executive Judges shall submit their respective annual reports to the
Court Management Office, Office of the Court Administrator, on or before
30 January of the following year.

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Annex “A”

EN BANC RESOLUTION
A.M. NO. 03-8-02-SC
GUIDELINES ON THE SELECTION AND DESIGNATION
OF EXECUTIVE JUDGES AND DEFINING THEIR
POWERS, PREROGATIVES AND DUTIES

Chapter I. The Executive Judge

SECTION 1. The Executive Judge. – The Executive Judge shall take charge
of the administrative work of the Supreme Court in all first and second level
courts. The Executive Judge derives his/her powers and prerogatives through
delegation by the Supreme Court.
Chapter II. Executive Judges for the First and Second
Level Courts
SECTION 1. Designation of Executive and Vice-Executive Judges; Regional
Trial Courts (RTCs). – (a) In stations where there is only a single RTC branch,
the Presiding Judge thereof shall automatically be the Executive Judge of the
first level courts within his administrative area.
(b) In stations where there are more than two RTC branches, the Supreme
Court or whoever it may authorize to do so shall select and designate
Executive Judges and Vice-Executive Judges on the basis of
administrative qualifications, experience, ability and seniority in the
station, unless otherwise provided herein.
Any judge who has been found guilty in an administrative case shall be
disqualified from designation as either Executive Judge or Vice-Executive
Judge within a period of four (4) years after his receipt of a copy of the
decision or resolution in the administrative case.
(c) The Executive Judges of multiple-branch RTCs shall act as Executive
Judges of single-branch Metropolitan Trial Courts (MeTCs) and Municipal
Trial Courts in Cities (MTCCs) as well as of all Municipal Trial Courts
(MTCs) and Municipal Circuit Trial Courts (MCTCs) within their respective
administrative areas.
SEC. 2. Number of Vice-Executive Judges; Regional Trial Courts. – Vice-
Executive Judges shall be designated to multiple-branch RTCs in accordance
with the following rule:
(a) RTCs with 3 to 10 branches shall have one (1) Vice-Executive Judge;
(b) RTCs with 11 to 21 branches shall have two (2) Vice-Executive Judges;
and
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 (c) RTCs with 22 branches or more shall have three (3) Vice-Executive
Judges.
RTCs with only two (2) branches shall have no Vice-Executive Judge.
SEC. 3. Acting Executive Judge; Absence of RTC Executive Judge. –
Whenever the Executive Judge is on official leave of absence or is not physically
present in the station, the following shall automatically act as Executive Judge:
(a) In single-branch RTC stations, the Executive Judge of the RTC of the
nearest station in the province.
In case there is only one RTC judge in the province, the Executive Judge
of the nearest RTC station as determined in Annex “A” of these Guidelines.
(b) In two-branch stations, the remaining judge in the station, and in default
of both for the same reasons, the Executive Judge of the same level of
the court in the nearest station in the province. The RTC of the nearest
station in the province shall be determined in accordance with Annex “A”
of these Guidelines.
(c) In multiple-branch stations with three (3) or more branches, the 1st
Vice-Executive Judge, and in default for the same reasons, the 2nd Vice-
Executive Judge, shall act as Executive Judge. In default of these three
judges for the same reasons, as above mentioned, the 3rd Vice-
Executive Judge shall act as Executive Judge.
Whenever the Executive Judge and all the Vice-Executive Judges are
on official leave of absence or are not physically present in the station,
the judge who is the most senior in tenure among the permanent judges
in the station shall automatically act as Executive Judge. Should there
be two or more judges of equal seniority in the station, the judge who is
the most senior in the judiciary shall act as Executive Judge. Should
there be two or more judge of equal seniority in the judiciary, the judge
who is the most senior in age in the station shall act as Executive Judge.
In all the above instances, the Acting Executive Judge shall so act until
the Executive Judge returns or until the detail by the Supreme Court of
another Judge who will act as Executive Judge.
SEC. 4. Executive Judges of groups of single-branch RTCs. – The
Executive Judge of a multiple-branch RTC may be designated by the Supreme
Court to act as Executive Judge of a grouping of single-branch RTCs. The
Executive Judge so designated shall have the same powers, prerogatives and
duties as the Executive Judges mentioned in Section 1 of this Chapter over
the single-branch RTCs comprising the grouping determined by the Supreme
Court. However, the Presiding Judges of the single-branch RTCs shall continue
to be the Executive Judges of the first level courts within their respective
administrative areas.

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 SEC. 5. Executive Judges of Shari’a District Courts. – The Presiding Judge
of a Shari’a District Court shall automatically be the Executive Judge thereof.
He shall serve as Executive Judge of the Shari’a Circuit Courts within his district.
SEC. 6. Executive Judges of multiple-branch Metropolitan Trial Courts
(MeTCs) and Municipal Trial Courts in Cities (MTCCs). – Multiple-branch MeTCs
and MTCCs shall have their own Executive Judges and Vice-Executive Judges
who shall be designated and shall discharge their duties in accordance with the
pertinent provisions of these Guidelines. In MeTCs and MTCCs with only two
(2) branches, only an Executive Judge shall be designated.
SEC. 7. Number of Vice-Executive Judges in MeTCs and MTCCs. – Vice-
Executive Judges shall be appointed to multiple-branch MeTCs and MTCCs in
accordance with the following rule:
(a) MeTCs and MTCCs with 3 to 10 branches shall have one (1) Vice-
Executive Judge;
(b) MeTCs and MTCCs with 11 to 21 branches shall have two (2) Vice-
Executive Judges; and
(c) MeTCs and MTCCs with 22 branches or more shall have three (3) Vice-
Executive Judges.
However, no Vice-Executive Judge shall be designated in MeTCs and MTCCs
with only two (2) branches.
Chapter III. Common Provisions
SECTION 1. Term of office of Executive Judges and Vice-Executive
Judges. – The Executive Judges and Vice-Executive Judges shall serve for a
term of two (2) years, unless their designations are revoked earlier by the
Supreme Court. They may subsequently be re-designated to the same
positions.
SEC. 2. Vice-Executive Judges; Succession to position of Executive Judge.
– Unless the Supreme Court designates another judge as Executive Judge, the
following shall automatically become the Executive Judge in case of the death,
retirement, permanent disability, removal from office, the imposition of
administrative penalty as provided for in Section 5 of this Chapter, resignation
or expiration of the term of office of the Executive Judge:
The Vice-Executive Judge in stations with only one Vice-Executive Judge;
The 1st Vice-Executive Judge in stations with two or more Vice-Executive
Judges. Should the 1st Vice-Executive Judge become the Executive Judge
pursuant to this Section, the 2nd Vice-Executive Judge shall, in turn, also
automatically become the 1st Vice-Executive Judge, and so on, unless the
Supreme Court appoints other judges as 1st, 2nd, or 3rd Vice-Executive Judges.
SEC. 3. Entitlement to expense allowances. – All Executive Judges shall
be entitled to an expense allowance at the rates prescribed in Section 4 of this
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Chapter. Any Vice-Executive Judge who acts as Executive Judge whenever
the latter is on official leave of absence or is not physically present in the station
shall be entitled to the expense allowances of the Executive Judge corresponding
to the period when he/she served as Acting Executive Judge.
SEC. 4. Rates of expense allowances. – Executive Judges shall each be
entitled to monthly expense allowances at the following rates:
[a] RTCs:
Executive Judges of courts with forty (40) or more branches – P4,000.00;
Executive Judges of courts with twenty (20) or more but less than forty
(40) branches – P3,000.00;
Executive Judges of courts with ten (10) or more but less than twenty
(20) branches – P2,250.00;
Executive Judges of courts with two (2) or more but less than ten (10)
branches - P1,500.00; and
Executive Judges of single-branch courts – P 1,000.00
[b] Shari’a District Courts :
Executive Judges of Shari’a District Courts – P1,000.00.
[c] MeTCs and MTCCs:
Executive Judges of courts with twenty (20) or more branches –
P2,250.00;
Executive Judges of courts with ten (10) or more but less than twenty
(20) branches – P1,500.00; and
Executive Judges of courts with two (2) or more but less than ten (10)
branches - P 1,000.00;
The Chief Justice may, from time to time as the needs arise, review the
rules herein prescribed and increase them.
SEC. 5. Effect of administrative penalty. – The imposition upon an Executive
Judge or Vice-Executive Judge of an administrative penalty of at least a reprimand
shall automatically operate to divest him of his position as such.
Chapter IV. General Powers, Prerogatives and
Duties of Executive Judges
SECTION 1. Executive Judges; general powers, prerogatives and duties.
– Executive Judges shall, within their respective area of administrative
supervision:
[a] Provide leadership in, and coordinate with the management of the first
and second level courts;

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 [b] Exercise supervision over the judges and personnel;
[c] Balance the workload among the courts and maintain equitable
distribution of cases in accordance with relevant existing issuances;
[d] Recommend and implement policies concerning court operations;
[e] Identify, address and resolve problems in court administration which do
not require any intervention by the Supreme Court or the Court
Administrator;
[f] Direct, through the Clerk of Court, the undertaking of staff support
activities to improve judiciary services in accordance with relevant existing
issuances;
[g] Initiate, propose, and supervise the implementation of professional
development programs for judicial personnel that the Philippine Judicial
Academy, in coordination with the Office of the Court Administrator, may
undertake;
[h] Exercise such other powers and prerogatives as may be necessary or
incidental to the performance of their functions in relation to court
administration; and
[i] Perform such other functions and duties as may be assigned by the
Supreme Court or the Court Administrator.
Chapter V. Specific Powers, Prerogatives and Duties of
Executive Judges in Judicial Supervision
SECTION 1. Designation of judges of the first level courts to try cases. –
(a) The Executive Judge of the RTC shall have authority to designate a municipal
judge within his/her area of administrative supervision to try cases of other courts
of the first level within said area of administrative supervision in case of official
leave of absence, inhibition, disqualification or preventive suspension of the
municipal judge concerned, or of permanent or temporary vacancy in the
position. Such designation shall be effective immediately, unless revoked by
the Supreme Court.
The Executive Judge shall furnish the Office of the Court Administrator with
copies of the orders of designation effected under this Section within five (5)
days from the date of such designation.
(b) The Executive Judge of the RTC may recommend to the Supreme Court
the assignment of judges of the MeTCs, MTCCs, MTCs AND MCTCs to hear
and determine cadastral or land registration cases in accordance with the
provisions of Section 4 of Republic Act No. 7691, entitled “An Act Expanding the
Jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts, Amending for the Purpose Batas Pambansa Blg. 129,
Otherwise Known as the ‘Judiciary Reorganization Act of 1980’.”

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 SEC. 2. Raffle of cases. – All cases filed with the first and second level
courts in stations with two or more branches shall be assigned or distributed to
the different branches by raffle. No case shall be assigned to any branch of a
multiple-branch court without being raffled. Raffling of cases shall be regularly
conducted at two o’clock in the afternoon every Monday and/or Thursday as
warranted by the number of cases to be raffled.
SEC. 3. Supervision over the raffle of cases; creation of the Raffle
Committee. – The Executive Judge shall constitute the Raffle Committee and
shall personally supervise the raffling and assignment of all cases. All members
of the Raffle Committee must be personally present before the Committee can
transact business. No delegation to any personnel shall be made by any of the
member of the Raffle Committee.
(a) In two-branch courts, the Raffle Committee shall be composed of the
Executive Judge and the Presiding Judge of the other branch.
(b) In multiple-branch courts, the Raffle Committee shall be composed of
the Executive Judge, the Vice-Executive Judges and two (2) other judges
designated by the Executive Judge. The designation shall be effected
strictly on rotation basis. Should any of the judges designated as member
of the Raffle Committee be absent, his pairing judge shall personally
attend the raffle.
(c) In both instances, the Raffle Committee shall be assisted by the Clerk
of Court and two (2) stenographers.
SEC. 4. Procedure in the raffle of cases. – The following procedure shall
be observed in the conduct of the raffle of cases:
(a) Notice of day and hour of the raffle. – Notice of the day and hour of the
raffle shall be posted prominently (1) on the bulletin boards of the Hall of
Justice or courthouse; (2) at a conspicuous place at the main door of
the session hall of the Executive Judge; and (3) on the bulletin board of
the Office of the Clerk of Court.
(b) Filing of cases with the Office of the Clerk of Court. – When a case is
filed with the Office of the Clerk of Court, the date and time of filing as
well as the date/s and number/s of the official receipt/s for the legal fees
paid and the amount of such fees shall be indicated on the cover, as
well as on the first page of the pleading, together with its assigned docket
number. The docket number shall follow a sequential order corresponding
to the date and time of the filing of the case. The docket number and the
date/s and number/s of the official receipt/s for the legal fees paid, as
well as the amount of the said fees, shall be entered in the Docket Record.
Upon its filing, the case shall be immediately encoded in the standby
diskette prepared for cases to be raffled to avoid delay in the preparation
of the raffle list.

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(c) Listing of cases. – The cut-off period for the inclusion of cases in the list
shall be twelve o’clock noon of the day of their filing to allow sufficient
time for the preparation of a complete raffle list for posting and distribution
of copies to all judges before the raffle. The Clerk of Court shall furnish
each judge in the court with a copy of the raffle list at least thirty (30)
minutes before the scheduled raffle.
The list of cases to be raffled shall be arranged according to the sequence
of their docket numbers.
There shall be a list for criminal cases and another for civil cases.
The list of criminal cases shall first enumerate those exclusively
cognizable by special courts designated as heinous crimes courts,
followed by those cases cognizable by family courts, special courts for
drug cases, special commercial courts and other special courts in that
order.
The list of civil cases shall first enumerate the cases cognizable by the
courts designated as family courts, followed by those cognizable by
special commercial courts, and other special courts.
The raffle list shall be prominently posted (1) at the main entrance of the
session hall of the Executive Judge and (2) on the bulletin board of the
Office of the Clerk of Court.
(d) Conduct of the raffle. – The raffle shall be undertaken with the use of a
roulette or a bingo tambiolo, if the former is not available, in open court
in the presence of lawyers and the public. The raffle shall be conducted
at the lawyers’ table, by the Executive Judge personally and with the
attendance of the members of the Raffle Committee. Under no
circumstance shall any raffle be made in chambers.
The members of the Raffle Committee shall each confirm in open court
the branch to which a case is raffled before the next draw is made.
The two (2) stenographers shall record accurately the raffle proceedings
and shall state in the minutes thereof, among other things, the names of
all those required to be present and the parties attending, if any. The
stenographers shall immediately but not later than twenty-four (24) hours
thereafter transcribe, duly accomplish and sign the minutes of the raffle
proceedings.
(e) Indication of case assignment. – Immediately after the raffle of each
case, the Executive Judge shall indicate the particular branch to which
the case is assigned, the same to be written in words and in figures on
the upper left hand corner of the first page of the original complaint or

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 information and initialed by the Executive Judge and all members of the
Raffle Committee.
(f) Verification of accuracy of assignment of cases. – Every judge sitting in
the Raffle Committee shall then affix his/her initials on the upper left
hand corner of the first page of the initial pleading, but only after a
thorough verification of the accuracy of the assignment of the cases to
the branches drawn in the raffle. The Executive Judge shall be the last
to affix his initials as herein required and only after proper verification of
the accuracy of the entries in the minutes.
(g) Review and countercheck of entries in the minutes. – Every judge sitting
in the Raffle Committee shall review the entries in the minutes and
countercheck them with his/her own entries in his/her list before signing
on every page thereof. He/she shall not affix his/her signature thereon
unless he/she has thoroughly verified the accuracy of the entries in the
minutes.
(h) Immediate distribution of records of raffled cases. – After the raffle, the
Clerk of Court shall immediately distribute the case records to the
branches to which the cases have been raffled.
(i) Posting and distribution of copies of the minutes. – A copy of the minutes
of the raffle proceedings showing the case numbers and the branches
to which they have been assigned, duly certified by the Executive Judge
and signed by the members of the Raffle Committee, shall immediately
be posted on the bulletin boards of the Executive Judge and the Clerk of
Court. Each branch of the court shall be furnished with copies of the
minutes. A copy of the minutes shall also be sent to the Court
Management Office of the Office of the Court Administrator.
SEC. 5. Exclusion of vacant branches from raffle. – All vacant branches
without regular judges shall be excluded from the raffle. However, once the
vacancies are filled, the Executive Judge shall ensure that newly-filed cases
shall be raffled to all the branches on a 6:2:1 ratio as follows: six (6) newly-filed
cases to each of the newly filled branches; two (2) newly-filed cases to the
existing branch or branches; and one (1) newly-filed case to the branch of the
Executive Judge, until such time when the newly filled branches in the station
shall have been assigned such number of cases as will be equivalent to the
number of cases raffled to the other branches during the period of vacancy.
SEC. 6. Special raffle and action on urgent matters. – As a rule, there shall
be no special raffle of any case except in petitions for the writ of habeas corpus,
applications for bail in cases where the complaint or information has not yet
been filed with the court, applications for the issuance of a temporary restraining
order (TRO), cases involving foreign tourists, cases with motions for special
raffle accompanied by a motion for reduction of bail, and applications for the
issuance of search warrants subject to the provisions of Section 11 of this
Chapter.

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 The special raffle shall be conducted upon written application of a party. A
certification granting or denying the application and citing the reason/s therefor
shall be issued accordingly. Such certification shall be attached to the record
of the case or expediente immediately after the initial pleading and shall form
part of the record of the case. For expediency, the Executive Judge shall be
allowed to write his action on the application if there are no other reasons aside
from those mentioned in the application.
If the application is granted, the special raffle shall be held in the session
hall of the Executive Judge in the presence of the members of the Raffle
Committee scheduled to sit on the date of raffle, or, if not available, the members
of the Raffle Committee of the next regular raffle. The phrase “special raffle”
shall be written on the upper left-hand corner of the complaint or information in
the same manner provided for in Section 4(e) and (f) of this Chapter. A certification
to the effect that a special raffle was duly held and that the case was assigned
to the branch drawn in the process shall be issued and signed by all the members
of the Raffle Committee.
The date and time of the raffle shall be written on the front cover of the
record of the case or expediente and on the first page of the initial pleading and
signed by the members of the Raffle Committee.
In the preparation of the list of cases to be included in the next regular raffle,
the Clerk of Court shall include the cases specially raffled prior to the scheduled
regular raffle, indicating therein the branch to which these cases have been
assigned. Except as stated above, all other procedures outlined above shall be
observed.
If the application for special raffle is denied, the case shall be included in the
list of cases for the next regular raffle.
SEC. 7. Raffle of cases involving the issuance of temporary restraining
orders (TRO). – When an application for a TRO is included in a complaint or
any initiatory pleading, the case, if filed in a multiple-branch court, shall be raffled
only after notice to the adverse party. Such notice shall be preceded, or
contemporaneously accompanied, by service of summons, together with a copy
of the complaint or initiatory pleading and the applicant’s affidavit, upon the
adverse party in the Philippines.
However, where the summons could not be served personally or by
substituted service despite diligent efforts, or the adverse party is a resident of
the Philippines but is temporarily absent therefrom, or is a nonresident thereof,
the requirement of prior or contemporaneous service of summons shall not
apply.
The application for a TRO shall be acted upon only after all parties have
been given the opportunity to be heard in a summary hearing conducted within
twenty-four (24) hours after the sheriff’s return of service and/or the records are

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received by the branch selected by raffle. The records shall be transmitted
immediately after raffle to the branch involved.
Should the matter be of extreme urgency and the applicant will suffer grave
injustice and irreparable injury, the Executive Judge of the multiple-branch court
may issue ex-parte a TRO effective only for seventy-two (72) hours from issuance
but he/she shall immediately comply with the requirements as to service of
summons and the documents to be served therewith and forthwith raffle the
case in the presence of the parties. Thereafter, before the expiration of the
seventy-two (72) hours, the Presiding Judge of the branch to which the case is
assigned shall conduct a summary hearing to determine whether or not the
TRO can be extended for another period until a hearing in the pending application
for preliminary injunction can be conducted. In no case shall the total period of
the TRO exceed twenty (20) days, including the original seventy-two (72) hours
for the TRO issued by the Executive Judge.
SEC. 8. Raffle and re-assignment of cases in ordinary courts where judge
is disqualified or voluntarily inhibits himself/herself from hearing case. – (a)
Where a judge in a multiple-branch court is disqualified or voluntarily inhibits
himself/herself, the records shall be returned to the Executive Judge and the
latter shall cause the inclusion of the said case in the next regular raffle for re-
assignment. A newly filed case shall be assigned by raffle to the disqualified or
inhibiting judge to replace the case so removed from his/her court.
(b) Where the judge in a single-branch first level court is disqualified or
voluntarily inhibits himself/herself, the Order of Inhibition shall be
forwarded to the Executive Judge who shall by raffle designate another
judge within his/her area of administrative supervision to hear and decide
the case, taking into consideration the accessibility of the courts involved.
The Executive Judge shall immediately furnish the Court Administrator
with a copy of the designation within five (5) days from the issuance
thereof.
(c) Where the judge in a single-branch RTC is disqualified or voluntarily
inhibits himself/herself, the Order of Inhibition shall be transmitted to the
pairing judge who shall then hear and decide the case. The determination
of the pairing judge shall be in accordance with Annex “A” hereof.
Where the pairing judge who sits in a single-branch RTC is also disqualified
or voluntarily inhibits himself/herself, the matter shall be referred by the Clerk of
Court to the Executive Judge of the nearest multiple-branch RTC in accordance
with Annex “A”, or, in his/her absence, to the Vice-Executive Judge thereof for
assignment by raffle among the judges in the station. The Clerk of Court shall
immediately furnish the Court Administrator with a copy of the said referral
within five (5) days from release thereof.
SEC. 9. Raffle and re-assignment of cases in special courts where judge
is disqualified or voluntarily inhibits himself/herself from hearing case. – (a)
Where a judge in a court designated to try and decide cases falling within the

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jurisdiction of family courts, criminal cases involving heinous crimes, cases
involving violations of the Dangerous Drugs Act, or cases falling within the
jurisdiction of special commercial courts, is disqualified or voluntarily inhibits
himself/herself from hearing a case, the following guidelines shall be observed:
(i) Where there is only one special court in the station, the pairing system
for multiple-branch stations subject of Circular No. 7 dated 23 September
1974, as amended, shall apply; and
(ii) Where there are more than two special courts of the same nature in the
station, the Executive Judge shall immediately assign the case by raffle
to the other or another special court of the same nature. In case the
Presiding Judge of the other special court is also disqualified or inhibits
himself/herself, the case shall be forwarded to the pairing judge of the
special court which originally handled the said case. If the pairing judge
is also disqualified or inhibits himself/herself, the case shall be raffled to
the other regular courts. At the next raffle, an additional case shall be
assigned to the disqualified or inhibiting judge/s to replace the case so
removed from his/her/their court.
(b) In case of consolidation of cases to a branch, the cases transferred
shall be replaced only by means of raffle.
SEC. 10. Issuance of search warrants in ordinary criminal cases. – All
applications for search warrants, if filed with the Executive Judge, shall be
assigned by raffle to a judge within his area of administrative supervision, under
whose direction the search warrant shall be issued for the search and seizure
of personal property. After the application shall have been raffled and transmitted
to a branch, the Judge assigned to conduct the examination of the complainant
and witnesses shall immediately act on the same, bearing in mind that time
and confidentiality of information are important considerations in the issuance
of search warrants.
Raffling shall be strictly enforced, except only in cases where an application
for search warrant is filed directly with any judge in whose jurisdiction the place
to be searched is located, after office hours or during Saturdays, Sundays and
legal holidays, in which case the applicant shall be required to certify under oath
the urgency of the issuance thereof after office hours, or during Saturdays,
Sundays or legal holidays.
SEC. 11. Issuance of search warrants in special criminal cases filed with
multiple-branch courts. – All applications for search warrants in criminal cases
relating to crimes against public order as defined by the provisions of Chapters
I to VII, Title Three, Book Two of the Revised Penal Code, as amended, illegal
possession of firearms and ammunitions, violations of the Comprehensive
Dangerous Drugs Act of 2002 and such similar laws as may subsequently be
enacted and deemed by the Supreme Court as included herein shall no longer
be raffled and shall immediately be taken cognizance of and acted upon by the
Executive Judges of multiple-branch RTCs, MeTCs, and MTCCs under whose

81
jurisdiction the place to be searched is located. For expediency, the Executive
Judge may assign on rotation basis the Vice-Executive Judges to take cognizance
of and act on such applications.
The provisions of this Section shall apply only to cases falling within the
respective jurisdictions of the aforementioned courts.
Whenever the Executive Judge is on official leave of absence or is not
physically present in the station, the Vice-Executive Judge shall take cognizance
of and personally act on the applications for search warrants. Whenever the
Executive Judge and the Vice-Executive Judge/s are on official leave of absence
or are not physically present in the station, the application may be taken
cognizance of and acted upon by the judge who is the most senior in tenure
among the permanent judges in the station. If there are two or more judges of
equal seniority in tenure, the application may be acted upon by the judge who is
the most senior in the judiciary. If there are two or more judges of equal seniority
in the judiciary, the application may be acted upon by the judge who is the most
senior in age in the station.
SEC. 12. Issuance of search warrants in special criminal cases by the
Regional Trial Courts of Manila and Quezon City. – The Executive Judges and,
whenever they are on official leave of absence or are not physically present in
the station, the Vice-Executive Judges of the RTCs of Manila and Quezon City
shall have authority to act on applications filed by the National Bureau of
Investigation (NBI), the Philippine National Police (PNP) and the Anti-Crime Task
Force (ACTAF), for search warrants involving heinous crimes, illegal gambling,
illegal possession of firearms and ammunitions as well as violations of the
Comprehensive Dangerous Drugs Act of 2002, the Intellectual Property Code,
the Anti-Money Laundering Act of 2001, the Tariff and Customs Code, as
amended, and other relevant laws that may hereafter be enacted by Congress,
and included herein by the Supreme Court.
The applications shall be personally endorsed by the heads of such agencies
and shall particularly describe therein the places to be searched and/or the
property or things to be seized as prescribed in the Rules of Court. The Executive
Judges and Vice-Executive Judges concerned shall issue the warrants, if
justified, which may be served in places outside the territorial jurisdiction of the
said courts.
The Executive Judges and the authorized Judges shall keep a special docket
book listing the names of Judges to whom the applications are assigned, the
details of the applications and the results of the searches and seizures made
pursuant to the warrants issued.
This Section shall be an exception to Section 2 of Rule 126 of the Rules of
Court.
SEC. 13. Assignment and raffling of cases to newly-created and organized
branches. – (a) Whenever a branch has been created, organized and added to

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the court in a station, the Executive Judge shall see to it that only newly-filed
cases are raffled to the said branch. There shall be no unloading of previously
raffled cases to these newly-created branches.
Whenever two or more branches have been created, organized and added
to the court in a station, the Executive Judge shall ensure that the newly-filed
cases shall be raffled on a 6:2:1 ratio, as follows: six (6) newly-filed cases to the
newly created and organized branches; two (2) newly-filed cases to the existing
branch or branches; and one (1) newly-filed case to the branch of the Executive
Judge, until such time when the number of cases raffled to each branch in the
station shall have reached the average caseload of each branch. The Executive
Judge shall determine the average caseload of each branch by dividing the total
number of cases pending in the station by the number of branches thereat,
including those newly created-and organized.
The Court Administrator shall prescribe a separate procedure for stations
with unusually heavy caseloads.
SEC. 14. Action on petitions for bail and other urgent matters on Saturdays,
Sundays, official holidays and special days. – The Executive Judges of the
MeTCs and MTCCs with multiple branches shall assign by rotation the judges
of the said branches to report for duty on Saturdays from eight o’clock in the
morning to one o’clock in the afternoon, assisted by a skeletal force of the
personnel, also on rotation, primarily to act on petitions for bail and other urgent
matters.
The Executive Judges shall act on petitions for bail and other urgent matters
on Saturday afternoons after one o’clock in the afternoon, Sundays, official
holidays and special days. Should bail be granted and the applicant deposits
cash as bail, the Executive Judge shall acknowledge in writing and issue a
temporary receipt therefor and shall remit immediately the amount received to
the Clerk of Court who shall issue the appropriate official receipt therefor on the
next succeeding business day.
Executive Judges of the RTCs shall assign by rotation the judges of the
MTCs in multiple-branch stations and MCTCs within their respective territorial
areas to report for duty on Saturdays from eight o’clock in the morning to one
o’clock in the afternoon, assisted by a skeletal force of the personnel, also on
rotation, primarily to act on petitions for bail and other urgent matters.
SEC. 15. Holding of night sessions in cities and municipalities comprising
Metro Manila and in other cities. – Upon the request of the local government
unit concerned, the Executive Judges of the MeTCs or the MTCCs of the cities
and municipalities comprising Metro Manila and of the cities of Baguio, Bacolod,
Cagayan de Oro, Cebu, Davao and Iloilo may assign all judges to hold night
court sessions daily from Monday to Friday and on official holidays and special
days, from four-thirty o’clock in the afternoon to eleven o’clock in the evening,
on rotation basis, and in pairs of two, i.e, Branches 1 and 2, 3 and 4, and so on.

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 In case of the absence or inability of the assigned judge, the Executive Judge
shall designate a substitute judge to act in place of the absent judge. In such a
case, the substitute judge need not report for duty at the time when his/her
assigned schedule takes place. The absent judge shall report for duty in his/
her stead.
(a) The assignment under this Section shall not be limited to nighttime
apprehensions but shall also apply to special cases enumerated in the
Rule on Summary Procedure, as amended, which are raffled to them in
such manner as will insure an equitable caseload vis-à-vis the judges
handling cases during regular hours. A rotation of nighttime duty shall
be made every six months (6) among all judges.
(b) In situations of extreme urgency, the Executive Judge shall take
immediate appropriate action on cases of offenders arrested after
midnight or after the night session.
(c) The Executive Judge shall assign to the night court on rotation basis a
cashier or cash clerk to receive cash payments of court fees, fines and
costs, deposits for cash bail bonds and other related fees payable to the
court.
(d) To achieve maximum efficiency in the process, the Executive Judge
may, in his/her sound judgment, call a meeting or dialogue with the
responsible officials of the provincial or city prosecution office, the Chief
of Police and representatives of other pillars of the criminal justice system
to coordinate with the court so as to avoid delays in the proceedings.
SEC. 16. Duties of Executive Judges of the Regional Trial Courts of the
cities and municipalities comprising Metro Manila and in other cities. – The
Executive Judges of the RTCs in the cities and municipalities comprising Metro
Manila and in the cities of Baguio, Bacolod, Cagayan de Oro, Cebu, Davao and
Iloilo shall inform the field offices of the Philippine National Police (PNP) and the
provincial or city prosecution offices within their jurisdiction of the following:
(a) The provisions of Administrative Circular No. 2-99 dated 15 January 1999
(Strict Observance of Working Hours and Disciplinary Action for
Absenteeism and Tardiness), especially the assignment of judges on
duty every Saturday and the court’s duty to act on bailable offenses on
Saturday afternoons, Sundays, and non-working holidays; and
(b) The schedule of the branches of the MeTCs or MTCCs assigned to hold
night sessions.
The Executive Judge shall also make representations with the PNP and
local government units to ensure that appropriate security measures are adopted
to protect judges and their staff assigned to hold night sessions.
SEC. 17. Authority to act on applications for bail in offenses cognizable by
the Sandiganbayan. – The Executive Judge of the RTC where an information
resulting from inquest investigations of offenses cognizable by the
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Sandiganbayan conducted by authorized prosecutors within their territorial
jurisdiction has been filed shall have authority to approve the application of the
accused for bail, except in offenses punishable by death, reclusion perpetua, or
life imprisonment, and to order his release from detention subject to further
orders by the Sandiganbayan. This authority does not include the power to act
on any motion for reduction of the amount of the bail recommended by the
prosecutor.
Chapter VI. Judicial Audit
SECTION 1. Judicial audit and physical inventory of cases. – The Office of
the Court Administrator (OCA) shall conduct periodic judicial audit of the first
and second level courts. For this purpose, Executive Judges shall give the
OCA utmost cooperation and support to ensure the success of the program.
The OCA may direct the Executive Judges concerned to provide support
staff from personnel in their area of administrative supervision to the judicial
audit team from the OCA.
Chapter VII. Specific Powers, Prerogatives and Duties of
Executive Judges in Personnel Administration
SECTION 1. Flag-raising and flag-lowering ceremonies. – The Executive
Judge shall supervise the holding of flag-raising and flag lowering ceremonies
in their respective Halls of Justice or courthouses in accordance with the
provisions of Republic Act No. 8491, otherwise known as the “Flag and Heraldic
Code of the Philippines,” and shall ensure the attendance of all judges and
court personnel in these ceremonies. The Executive Judge shall see to it that
the Judiciary Hymn is sung during the flag-raising ceremony. A report on the
absentees in both ceremonies for every month shall be submitted to the Office
of the Court Administrator within the first ten (10) days of the succeeding month.
SEC. 2. Compliance of court employees with the guidelines on the wearing
of the prescribed office uniforms. – The Executive Judge shall ensure that all
court employees wear the prescribed uniforms in accordance with the schedule
fixed by the Supreme Court. Non-wearing of office uniforms shall be allowed
only for special and very meritorious reasons. In multiple-branch courts, the
Executive Judge shall constitute a Uniform Committee composed of three (3)
members, with the Clerk of Court as Chairperson, which shall act on all requests
for exemption from wearing the prescribed uniforms.
SEC. 3. Report on judges absent from their stations or unable to discharge
duties. – The Executive Judge shall report immediately to the Court Administrator
the judges absent from their respective stations who have not filed any application
for leave or unable to discharge their duties for any cause, including, but not
limited to, illness, injury, or disability.
The Vice-Executive Judge shall likewise immediately report to the Court
Administrator should the Executive Judge go on leave without filing the
appropriate application for leave.

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 SEC. 4. Certification of certificates of service and daily time records. –
The Executive Judge shall certify to the correctness of (a) the Certificates of
Service prepared and submitted by clerks of court in the Offices of the Clerks of
Court in the RTCs; and (b) the entries in the Daily Time Records/Bundy Cards
of the employees in his/her court.
The Executive Judge shall ensure strict observance of office hours and
session hours as required in pertinent Supreme Court issuances.
SEC. 5. Recommendations for appointment to vacancies. – The Executive
Judge shall apprise the Supreme Court of vacancies and requirements for
additional court personnel within his/her area of administrative supervision.
(a) Recommendations for appointment to vacancies in the branch of a court
shall be made by the Presiding Judge or the Acting Presiding Judge
thereof and submitted to or coursed through the Executive Judge for
transmittal to the Office of Administrative Services (OAS) in the OCA for
consideration or deliberation by the Selection and Promotion Board for
the Lower Courts (SPB-LC).
(b) Recommendations for appointment to vacancies in the Office of the
Clerk of Court shall be made by the Executive Judge concerned.
Executive Judges shall base their recommendation on merit and fitness
as required in Section 32, Chapter 5, Subtitle A, Title 1, Book V of the
Administrative Code of 1987 (Executive Order No. 292) Civil Service
Commission Memorandum Circular No. 3, s. 2001, and the provisions
of SC Administrative Circular No. 50-2001 entitled “Establishing the Merit
Selection and Promotion Plan for the Lower Courts (MSPP-LC).”
(c) In making recommendations to vacant positions, the Executive Judge
shall also take into consideration the requirements under the Revised
Qualification Standards of the Civil Service Commission. As much as
possible, the recommendees must possess all the qualifications/
requirements prescribed by law and/or civil service rules and regulations
for the position to be filled up. In determining the relevance of the
education and experience requirements, reference shall be made to the
duties and responsibilities attached to the positions and the occupational
groupings where they belong.
(d) If there is more than one applicant for any position and all have met the
qualifications therefor, the Presiding Judge or Executive Judge concerned
shall recommend two or more in the order of his preference.
(e) The Executive Judge or the Presiding Judge/Acting Presiding Judge, as
the case may be, shall forward to the OAS, OCA all other applications
for appointment submitted to his/her office for inclusion in the deliberations
of the SPB-LC.
(f) The Executive Judge or the Presiding Judge/Acting Presiding Judge shall
not allow his/her recommendee to assume the duties of the position to

86
 which he/she has been recommended for appointment before the
issuance of his/her appointment except in meritorious cases indorsed
by the Court Administrator and approved by the Chief Justice.
SEC. 6. Reassignment of lower court personnel. – (a) Executive Judges of
the RTCs shall continue to have authority to effect the following temporary
assignments within his/her area of administrative supervision:
i. Personnel of one branch to another branch of a multiple-branch court;
ii. Personnel of one branch of a multiple-branch court to the Office of the
Clerk of Court;
iii. Personnel of a single-branch first level court to another single-branch
first level court;
iv. Personnel of a single-branch first level court to a branch of a multiple-
branch second level court.
Reassignments can be made only in case of vacancy in a position in a
branch, or when the interest of the service so requires. In either case, the
assignment shall be made only after consultation with the Presiding Judges of
the branches concerned. In case of any disagreement, the matter shall be
referred to the OCA for resolution.
(b) Executive Judges of multiple-branch MeTCs and MTCCs shall have
the authority to temporarily reassign personnel of one branch to another branch
of the multiple-branch court within their respective areas of administrative
supervision.
(c) If requested by a judge or a court employee, a reassignment shall be
allowed only for meritorious reasons or when the exigencies and the interest of
the service require it. No request for reassignment for purely personal reasons
shall be granted.
(d) The reassignment of court employees shall be allowed only for a
maximum period of one (1) year in the case of employees occupying
professional and technical positions. In the case of other employees,
reassignment beyond one (1) year may be allowed provided it is with the consent
of the reassigned employee.
(e) A request for reassignment shall include the specific reasons for the
detail or reassignment sought. The request should also have the
recommendation of (1) the Presiding Judge of the branch of the court to where
the employee seeks to be reassigned; and (2) the Presiding Judge of the branch
of the court to which the employee requesting the reassignment belongs.
(f)The Office of Administrative Services (OAS) and Financial Management
Office (FMO) of the OCA shall be furnished with copies of all Orders of
reassignment within five (5) days from issuance thereof.

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 SEC. 7. Performance Evaluation System for Judges. – Executive Judges
shall submit the performance rating for a six-month or semestral period, the
first of which shall cover the period from 1 January to 30 June and the second
shall cover the period from 1 July to 31 December, of the following judges in
accordance with the provisions of OCA Circular No. 29-2003 dated 21 March
2003:
a) Presiding Judges of multiple-branch RTCs within their area of
administrative supervision;
b) Presiding Judges of single-branch RTCs identified by the Court
Administrator;
c) Presiding Judges of multiple-branch MeTCs and MTCCs within their area
of administrative supervision; and
d) Presiding Judges of the MTCs and MCTCs within their area of
administrative supervision.
The rating for the first semestral period shall be made in July of the same
year, while the rating for the second semestral period, in January of the
succeeding year. Executive Judges shall submit the performance ratings of
the judges for the first semestral period to the Office of the Court Administrator
not later than 10 August of the same year; and those for the second semestral
period, not later than 10 February of the succeeding year.
Vice-Executive Judges of multiple-branch courts may be assigned by the
Executive Judges to assist in rating the performance of judges.
The performance of Executive Judges of the RTCs, MeTCs and MTCCs
shall be rated by the Deputy Court Administrator who has supervision over their
station.
SEC. 8. Performance Evaluation System for court personnel. – The
Executive Judge shall ensure compliance with the performance evaluation
system established for the personnel of lower courts. The Executive Judge
shall require all Presiding Judges within his administrative supervision to submit
the performance rating of all employees supervised by them as follows:
a) The performance rating of each employee for the first semester of the
current year covering the period from 1 January to 30 June shall be
submitted on or before 31 July of the same year; and
b) The performance rating for the second semester of the current year
covering the period from 1 July to 31 December shall be submitted on
or before 31 January of the following year.
SEC. 9. Performance Evaluation Review Committee. – The Executive
Judge shall serve as Chairperson of the Performance Evaluation Review
Committee (PERC) for the multiple-branch first and second level courts and
Offices of the Clerk of Court.

88
 SEC. 10. Grievance Committee for Lower Courts. – The Executive Judge
shall organize the Grievance Committee for the Lower Courts (GCLC) in
accordance with the pertinent Supreme Court issuances.
SEC. 11. Committee on Decorum and Investigation. – The Executive Judge
shall constitute the Committee on Decorum and Investigation which shall receive
and inquire into sexual harassment complaints in accordance with the procedures
prescribed by relevant laws, rules, regulations and issuances.
SEC. 12. Dissemination of administrative issuances and monitoring
compliance therewith. – (a) The Executive Judge shall be responsible for the
distribution and dissemination of all administrative orders and circulars issued
by the Supreme Court, the Chief Justice and the Office of the Court Administrator
to all the judges within his/her area of administrative supervision. The Executive
Judge shall submit to the Office of the Court Administrator a report on the
distribution within ten (10) days from the date of dissemination. He shall attach
to the report the proof of service, such as acknowledgement receipts, of the
copies thereof to the judges.
(b) The Executive Judge shall monitor the implementation of the issuances
by the courts within his/her area of administrative supervision. For this purpose,
he/she may conduct dialogues with the Presiding Judges and examine court
records and documents to determine whether or not the officials and employees
of the courts have complied with the issuances.
SEC. 13. Physical inventory of court properties. – Executive Judges shall
supervise, within their respective area of administrative supervision, the conduct
by Clerks of Court and all accountable officers of the courts of a physical
inventory of properties assigned to their respective branches, offices and libraries
as of 31 December of every year and the prompt accomplishment and
submission of such inventory reports to the Property Division, Office of
Administrative Services, Office of the Court Administrator, for compilation into a
consolidated Inventory Report. The inventory reports shall be submitted on or
before 31 January of the succeeding year.
SEC. 14. Inventory reports on office supplies and official forms. – Executive
Judges, with the assistance of their Clerks of Court, shall monitor the monthly
accomplishment and submission by all clerks of court, branch clerks of court
and accountable officers of Inventory Report forms covering office supplies
and official court forms to the Property Division, Office of Administrative Services,
Office of the Court Administrator, within five (5) days after the end of every
month in accordance with OCA Circular No. 37-2002 dated 15 March 2002.
SEC. 15. Witness to sale of disposed court records, papers and exhibits.
– The Executive Judge or the Clerk of Court and the Resident Auditor of the
lower courts shall be present during the conduct of the sale of disposed records,
papers and exhibits in accordance with the prescribed procedure. If the sale is
made in provincial courts, the Executive Judge and Clerk of Court shall be present

89
during the conduct of the sale along with the representative of the Commission
on Audit in the area.
SEC. 16. Use of court libraries. – The Executive Judge shall ensure strict
compliance with the rules and guidelines on the use of court libraries as contained
in Administrative Circular Nos. 14-99 and 37-2002 dated 30 September 1999
and 12 August 2002, respectively. These rules specify who are allowed to use
court libraries and their facilities, borrowing privileges, available library materials,
prohibited acts and applicable penalties.
SEC. 17. Halls of Justice and courthouses. – The Executive Judge shall
determine if (a) the Halls of Justice and courthouses are provided with adequate
court facilities; and (b) the problems relating to their condition and maintenance,
as well as of the janitorial and security services therein, are attended to. The
Executive Judge shall inform the Committee on the Halls of Justice, Supreme
Court, of the adequacy or inadequacy of the court facilities and the problems in
the Halls of Justice and courthouses constructed and completed, repaired or
rehabilitated under the Justice System Infrastructure Program (JUSIP) as well
as in court buildings donated by the local government units to the Supreme
Court. The local government officials concerned shall be apprised of the
problems concerning the courthouses belonging to local government units.
SEC. 18. Violations of Circular No. 9-98 on the statutory requirements for
marriage. – Executive Judges shall cause the posting of copies of Circular No.
9-98 (Re: Observance of the Statutory Requirements for Marriages and the
Prescribed Amounts of Fees for the Solemnization of Marriage) in conspicuous
places in their respective courts and shall immediately report to the Court
Administrator any violation of the provisions thereof.
Chapter VIII. Administrative Discipline
SECTION 1. Disciplinary jurisdiction over light offenses. – The Executive
Judge shall have authority to act upon and investigate administrative complaints
involving light offenses as defined under the Civil Service Law and Rules
(Administrative Code of 1987), and the Code of Conduct and Ethical Standards
for Public Officials and Employees (Republic Act No. 6713), where the penalty
is reprimand, suspension for not more than thirty (30) days, or a fine not
exceeding thirty (30) days’ salary, and as classified in pertinent Civil Service
resolutions or issuances, filed by (a) a judge against a court employee, except
lawyers, who both work in the same station within the Executive Judge’s area
of administrative supervision; or (b) a court employee against another court
employee, except lawyers, who both work in the same station within the
Executive Judge’s area of administrative supervision.
In the preceding instances, the Executive Judge shall conduct the necessary
inquiry and submit to the Office of the Court Administrator the results thereof
with a recommendation as to the action to be taken thereon, including the penalty
to be imposed, if any, within thirty (30) days from termination of said inquiry. At
his/her discretion, the Executive Judge may delegate the investigation of

90
complaints involving light offenses to any of the Presiding Judges or court officials
within his/her area of administrative supervision.
In the case of a complaint (a) filed against court employees who are lawyers,
or (b) filed by private complainants against court employees, lawyers and non-
lawyers alike, the same shall be forwarded by the Executive Judge to the Office
of the Court Administrator for appropriate action and disposition.
Administrative complaints involving light offenses filed against court officials
who are members of the Philippine Bar shall be governed by the Resolution
dated 17 September 2002 of the Supreme Court En Banc in A.M. No. 02-9-02-
SC captioned as “Re: Automatic Conversion of some Administrative Cases
Against Justices of the Court of Appeals and the Sandiganbayan; Judges of
Regular and Special Courts; and Court Officials Who are Lawyers as
Disciplinary Proceedings Against Them Both as Such Officials and as Members
of the Philippine Bar.”
SEC. 2. Employees charged with violation of existing laws on graft and
corruption and suspended pursuant to Section 13, Rep. Act No. 3019. –
Executive Judges shall require judges within their areas of administrative
jurisdiction to submit a list of employees criminally charged under a valid
Information for violation of Republic Act No. 3019, as amended, otherwise known
as the Anti-Graft and Corrupt Practices Act, or under the provisions of the Revised
Penal Code on bribery and related crimes, and who have been suspended
pursuant to the provisions of Section 13 of Rep. Act No. 3019. All judges shall
submit the list, together with a copy of the suspension order and Information, to
the Executive Judge who shall forthwith submit a report on each list submitted
to him/her to the Office of the Court Administrator as soon as he/she receives
the same.
Chapter IX. Specific Powers, Prerogatives and Duties of
Executive Judges on Financial Management
SECTION 1. Release of Salary Checks. – Executive Judges of the courts
within Metro Manila may designate a liaison officer to receive all checks for his/
her particular area of administrative supervision.
SEC. 2. Deposit and Reporting of Court Collections. – Executive Judges
shall ensure that all collections pertaining to the Judiciary Development Fund
(JDF) and the General Fund are promptly deposited in accordance with existing
auditing and accounting rules and regulations and other Supreme Court
issuances. They shall also ensure that monthly reports of all collections (JDF
and General Fund) are made not later than the 10th day of each succeeding
month. The report shall be in accordance with the provisions of Circular No.
47-97 issued on 28 July 1997 and Circular No. 32-93 issued on 28 May 1993.
SEC. 3. Account in depositary bank and signatory to checks. – Executive
Judges shall make sure that (a) all collections are deposited under a savings
account with the government depositary bank; and (b) deposits are made in the
name of the court and not in the name of the Presiding Judge or Clerk of Court.
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Should a current account be opened, the Executive Judge shall make sure that
a savings account is also maintained with automatic fund transfer arrangement.
Executive Judges shall keep a record of the bank’s name, branch, complete
address and the savings and current account numbers.
The Executive Judge shall always be a signatory to all checks issued by the
Clerk of Court and to all bank slips for authorized withdrawals of any money or
monies from the court.
SEC. 4. Monitoring of court collections. – Executive Judges shall designate
the Clerk of Court or his assistant, if any, to monitor the collection, deposit or
remittance of all court collections of first level courts within his area of
administrative supervision. The designated official shall ensure that collections
of the first level courts concerned have been properly recorded and remitted to
the appropriate accounts by the respective Clerks of Court of such courts.
The Executive Judge shall also ensure that only regular employees of the
court who are duly bonded shall act as cash clerks or cashiers or shall be
authorized to receive payments of fees, fines, costs, bail bonds and other related
fees.
SEC. 5. Review of claims of judges for travel expenses and certification as
to necessity and legality thereof. – Executive Judges shall review and approve
the itinerary of travel and sign the certificate of travel completed by judges in
support of their claims for travel expenses. In the certificate of travel completed,
the Executive Judge shall certify that, on the basis of the evidence presented
and on information of which he/she has knowledge, the travel was actually
undertaken.
The Executive Judge shall also certify as to the necessity and legality of the
claim involved. The Executive Judge shall sign in Box “A” of the disbursement
vouchers containing the certification that the expenses incurred by the claimant
were necessary, lawful and incurred under his/her direct supervision.
SEC. 6. Certification as to necessity and legality of claim of judges for
hardship and additional expense allowances. – Executive Judges shall certify
as to the necessity and legality of claims of judges for hardship and additional
expense allowances. The Executive Judge shall sign in Box “A” of the
disbursement vouchers containing the certification that the expenses incurred
by the claimant were necessary, lawful and incurred under his/her direct
supervision.
SEC. 7. Financial audit of court collections. – The Office of the Court
Administrator may direct Executive Judges to conduct a financial audit of the
collections of the Clerks of Court of the first level courts within their areas of
administrative supervision and, possibly, Clerks of Court of single-branch RTCs
outside their administrative supervision. For this purpose, Executive Judges
shall coordinate with the Court Management Office of the Office of the Court

92
Administrator so that appropriate support staff from that Office, which shall be
under their supervision, may be provided them.
The Office of the Court Administrator may likewise direct Executive Judges
to provide support staff from among personnel within the areas of their
administrative supervision, to augment the financial audit team of the Court
Management Office that conducts the said audit in any of the courts within their
areas of administrative supervision.
Chapter X. Miscellaneous Functions
SECTION 1. Extra-Judicial Foreclosure of Mortgage. – Executive Judges
shall ensure strict compliance by the Clerk of Court with the provisions of the
Resolution dated 14 December 1999 of the Supreme Court En Banc in A.M. No.
99-10-05-0, as amended by the Resolutions dated 30 January 2001 and 7 August
2001, subject to Circular No. 1-2000 dated 3 January 2000 and Circular No. 7-
2002 dated 22 January 2002 prescribing procedures in extra-judicial foreclosure
of mortgages.
SEC. 2. Visitation and inspection of local jails and prisoners. – (a) Executive
Judges shall undertake monthly visits to and inspection of provincial, city and
municipal jails and/or detention centers as well as their prisoners as required
by the provisions of existing applicable laws, rules and regulations. They shall
inquire into the prisoners’ proper accommodations and health, and examine the
condition of the jail facilities. They shall order the segregation of sexes and of
minors from adults, ensure the observance of the right of detainees to confer
privately with counsel, and strive to eliminate conditions inimical to the detainees.
(b) The Executive Judge conducting inspections of provincial, city and
municipal jails and/or detention centers shall give particular attention to
the treatment of minors in conflict with the law confined therein to
determine compliance by such jails/detention centers with the provisions
of the Child and Youth Welfare Code and with issuances of the Supreme
Court.
(c) Executive Judges shall visit and inspect, and ensure that presiding judges
of the first and second level courts under their supervision shall also
visit and inspect, at least once a month, detention prisoners whose cases
are pending before their respective courts. They shall give special
attention to the following conditions of these detainees:
1] the number of detainees in the jail with cases pending before their
respective courts;
2] the condition of detention cells of such detainees including but not
limited to provisions for the segregation of sexes and of minors from
adult detainees or prisoners;
3] the observance of the right of the accused and counsel to conduct
private interviews;

93
 4] the prevention of harassment of lawyers who are required to be
photographed and fingerprinted during such interviews; and
5] the deterrence of practices disadvantageous to the subject detention
prisoners.
Executive Judges shall ensure the submission by the Presiding Judges of
their monthly reports of their jail visitation to the Court Administrator.
SEC. 3. Inventory Report on detention prisoners. – (a) Executive Judges
shall see to the submission, on a quarterly basis, by the judges of the courts
within their respective areas of administrative supervision of periodic reports on
detention prisoners to the Office of the Court Administrator. These reports shall
be coursed by the judges through their respective Executive Judges. Executive
Judges shall attest to the veracity of the data entered in these reports.
(b) Executive Judges shall seek the assistance of (1) the Department of the
Interior and Local Government (DILG), which has jurisdiction over the
Bureau of Jail Management and Penology; and (2) the local government
concerned, in requiring the jail warden to submit a regular inventory report
of detained prisoners, preferably by branch, to all Executive Judges who
have jurisdiction over the accused.
(c) Executive Judges shall consolidate the reports on detention prisoners
submitted by the courts within his area of administrative supervision
and by the jail wardens with his report on monthly jail visitation. Thereafter,
all reports shall be submitted to the Office of the Court Administrator
through the Court Management Office at the end of every quarter.
SEC. 4. Appointment and supervision of notaries public. – Executive Judges
shall act on all applications of and issue commissions to notaries public within
their respective areas of administrative supervision and shall compel observance
of their duties as provided by law. They shall refrain from appointing non-lawyers
as notaries public, subject, however, to certain exceptions as may be provided
by law or by rules and issuances promulgated by the Supreme Court. Executive
Judges shall see to it that before appointing, re-appointing, or renewing the
commission of a notary public, he or she must not have been appointed as
notary public elsewhere for the same term by any other Executive Judge.
(a) Executive Judges shall require all lawyers applying for notarial
commissions to state in their respective applications (i) the current IBP
chapter to which they belong, (ii) the receipt number of their up-to-date
payment of IBP dues, (iii) the number of their Professional Tax Receipt,
and (iv) the Roll of Attorney number, and that no such applications shall
be acted upon by the judge concerned unless the requirements shall
have been complied with.
(b) Executive Judges shall require lawyers appointed as notaries public to
personally appear before them to take their oath before entering upon
the discharge of their duties as such notaries public.

94
 (c) Executive Judges shall ensure that the authority of the notary public
shall not extend beyond the limits of his/her jurisdiction.
(d) Executive Judges shall monitor closely the activities of notaries public
within their respective areas of administrative supervision. They shall
keep themselves informed of the manner in which notaries public perform
their duties by personal inspection wherever possible, or by requiring
reports from these notaries public or from any other available source
and by any other legal means. Executive Judges may avail themselves
of the assistance of the local chapters of the Integrated Bar of the
Philippines within their respective jurisdictions.
(e) Executive Judges shall see to it that notaries public render notarial
services only in their respective offices, subject to the exceptional
occasions or situations prescribed under the Resolution dated 13 August
2002 of the Supreme Court En Banc in A.M No. 02-8-02-SC on the “Rules
Requiring Notaries Public to Hold Office at a Specific and Appropriate
Address/Addresses.”
(f) Executive Judges may also impose appropriate administrative sanctions
against erring notaries public, including, but not limited, to the non-
renewal, withdrawal, revocation or cancellation of their commissions.
SEC. 5. Accreditation of newspapers and periodicals. – The Executive
Judge of the RTC having administrative supervision over the courts whose orders
are to be published shall act on applications for accreditation to publish judicial
and legal notices and other similar announcements in accordance with the
guidelines prescribed under the Resolution dated 16 October 2001 of the
Supreme Court En Banc in A.M. No. 01-1-07-SC and OCA Circular Nos. 5-2002
(11 January 2002) and 27-2002 (25 June 2002).
Pursuant to the provisions of Section 2 of P. D. No. 1079, the Executive
Judge shall personally conduct the raffle of all judicial notices, advertisements,
and the like. The posting of judicial notices for publication, the raffle procedures
and the publication of the results thereof shall be conducted in the same manner
as the raffle of cases.
SEC. 6. Distribution of judicial notices for publication. – The Executive
Judge shall distribute through raffle judicial notices or advertisements for
publication to accredited newspapers or periodicals in accordance with the
provisions of the Resolution dated 16 October 2001 of the Supreme Court En
Banc in A.M. No. 01-1-07-SC.
SEC. 7. Supervision over immersion programs. – Executive Judges shall
supervise the immersion program of newly appointed judges or first level court
judges who have been promoted to the second level court. They shall submit to
the Office of the Court Administrator and the Philippine Judicial Academy (PHILJA)
a certificate of completion of the immersion program within ten days from its
completion.

95
 SEC. 8. Report on insurance/bonding companies. – Executive Judges
shall submit a monthly report to the Docket and Clearance Division, Legal Office,
Office of the Court Administrator, on the total amount of obligations incurred by
insurance/bonding companies or agencies that fail to satisfy claims against
them in connection with confiscated/forfeited bonds. Executive Judges shall
likewise monitor the submission by the courts within their respective areas of
administrative supervision of the monthly report on the inventory of confiscated/
forfeited cash, surety, and property bonds in both civil and criminal cases when
such bonds have been posted with the Docket and Clearance Division.
SEC. 9. Bar Relations. – Executive Judges shall conduct dialogues and
conferences at least once every semester with the officers of the local chapter
of the Integrated Bar of the Philippines (IBP) in their respective areas of
administrative supervision. At these dialogues and conferences, Executive
Judges shall discuss with the IBP officers problems confronting lawyers, and
study and adopt methods and solutions to enable both the Bench and the Bar to
work together in the speedy resolution of cases.
SEC. 10. Submission of Annual Report. – Executive Judges shall submit
their respective annual reports to the Court Management Office, Office of the
Court Administrator, on or before 30 January of the following year.
Chapter XI. Final Provisions
SECTION 1. Administration and enforcement. – The Office of the Court
Administrator (OCA) shall have the primary and principal authority and
responsibility for the administration and enforcement of these Guidelines. The
OCA shall monitor the implementation thereof, review the same periodically
with the end in view of determining the problems encountered by the Executive
Judges in such implementation, and submit to the Supreme Court its
recommendations as to the appropriate measures to be adopted or taken to
address the problems.
Chapter XII. Effectivity
SECTION 1. Effectivity of the Guidelines. – These Guidelines shall take
effect on 15 February 2004 and shall be published in a newspaper of general
circulation in the Philippines not later than the first day of February 2004.
Approved this 27th day of January 2004.

(Sgd.) HILARIO G. DAVIDE, JR.

Chief Justice

(Sgd.) REYNATO S. PUNO (Sgd.)JOSE C. VITUG

Associate Justice Associate Justice

96
 (Sgd.) ARTEMIO V. PANGANIBAN (Sgd.) LEONARDO A. QUISUMBING
Associate Justice Associate Justice

(Sgd.) CONSUELO YNARES-SANTIAGO (Sgd.)ANGELINA SANDOVAL-GUTIERREZ

Associate Justice Associate Justice

(Sgd.) ANTONIO T. CARPIO (Sgd.) MA. ALICIA AUSTRIA-MARTINEZ

Associate Justice Associate Justice

(Sgd.) RENATO C. CORONA (Sgd.) CONCHITA CARPIO MORALES

Associate Justice Associate Justice

(Sgd.) ROMEO J. CALLEJO, SR. (on leave) ADOLFO S. AZCUNA

Associate Justice Associate Justice

(Sgd.) DANTE O. TINGA

Associate Justice

_______________________________________________________________________
Guidelines on the Selection and Appointment of Executive Judges

ANNEX “A”

LIST OF RTC SINGLE SALA COURTS

STATION NEAREST RTC MULTIPLE

SALA STATION

FIRST JUDICIAL REGION

RTC, Branch 58, Bucay, Abra RTC, Bangued

RTC, Branch 64, Buguias, Benguet RTC, La Trinidad, Benguet
RTC, Branch 19, Bangui, llocos Norte RTC, Laoag City
RTC, Branch 24, Cabugao, Ilocos Sur RTC, Vigan City
RTC, Branch 25, Tagudin, Ilocos Sur RTC, Candon City
RTC, Branch 34, Balaoan, La Union RTC, San Fernando City, La Union
RTC, Branch 50, Villasis, Pangasinan RTC, Urdaneta City
RTC, Branch 53, Rosales, Pangasinan RTC, Urdaneta City
RTC, Branch 70, Burgos, Pangasinan RTC, Alaminos City

SECOND JUDICIAL REGION

RTC, Branch 11, Tuao, Cagayan RTC, Tuguegarao City

RTC, Branch 12, Sanchez Mira, Cagayan RTC, Aparri, Cagayan
RTC, Branch 33, Ballesteros, Cagayan RTC, Aparri, Cagayan
RTC, Branch 13, Basco, Batanes RTC, Aparri, Cagayan
RTC, Branch 14, Lagawe, Ifugao RTC, Bayombong, Nueva Vizcaya

97
RTC, Branch 15, Alfonso Lista, lfugao RTC, Santiago City
RTC, Branch 34, Banaue, Ifugao RTC, Bayombong, Nueva Vizcaya
RTC, Branch 22, Cabagan, Isabela RTC, Ilagan, lsabela
RTC, Branch 23, Roxas, lsabela RTC, Cauayan, lsabela
RTC, Branch 24, Echague, Isabela RTC, Santiago City
RTC, Branch 25, Tabuk, Kalinga RTC, Tuguegarao City
RTC, Branch 26, Luna, Apayao RTC, Aparri, Cagayan
RTC, Branch 38, Maddela, Quirino RTC, Cabarroguis, Quirino

THIRD JUDICIAL REGION

RTC, Branch 4, Mariveles, Bataan RTC, Balanga City

RTC, Branch 5, Dinalupihan, Bataan RTC, Balanga City
RTC, Branch 40, Palayan City, Nueva Ecija RTC, Cabanatuan City, Nueva Ecija
RTC, Branch 66, Capas, Tarlac RTC, Tarlac City
RTC, Branch 67, Paniqui, Tarlac RTC, Tarlac City
RTC, Branch 68, Camiling, Tarlac RTC, Tarlac City

FOURTH JUDICIAL REGION

RTC, Branch 5, Lemery, Batangas RTC, Balayan, Batangas

RTC, Branch 14, Nasugbu, Batangas RTC, Balayan, Batangas
RTC, Branch 87, Rosario, Batangas RTC, Lipa, Batangas
RTC, Branch 86, Taal, Batangas RTC, Balayan, Batangas
RTC, Branch 15, Naic, Cavite RTC, Cavite City
RTC, Branch 18, Tagaytay City, Cavite RTC, Imus, Cavite
RTC, Branch 23, Trece Martires City, Cavite RTC, Cavite City
RTC, Branch 90, Dasmariñas, Cavite RTC, Imus, Cavite
RTC, Branch 33, Siniloan, Laguna RTC, Sta. Cruz, Laguna
RTC, Branch 43, Roxas, Mindoro Oriental RTC, Pinamalayan, Mindoro Oriental
RTC, Branch 44, Mamburao, Mindoro Occ. RTC, San Jose, Mindoro Occidental
RTC, Branch 95, Roxas, Palawan RTC, Puerto Princesa City
RTC, Branch 63, Calauag, Quezon RTC, Gumaca, Quezon
RTC, Branch 64, Mauban, Quezon RTC, Lucena City
RTC, Branch 65, Infanta, Quezon RTC, Lucena City
RTC, Branch 81, Romblon, Romblon RTC, Batangas City
RTC, Branch 82, Odiongan, Romblon RTC, Batangas City

FIFTH JUDICIAL REGION

RTC, Branch 63, Calabanga, Camarines Sur RTC, Naga City

RTC, Branch 64, Labo, Camarines Norte RTC, Daet, Camarines Norte
RTC, Branch 49, Cataingan, Masbate RTC, Masbate City
RTC, Branch 50, San Jacinto, Masbate RTC, Masbate City
RTC, Branch 54, Gubat. Sorsogon RTC, Sorsogon City
RTC, Branch 55, lrosin, Sorsogon RTC, Sorsogon City
RTC, Branch 65, Bulan, Sorsogon RTC, Sorsogon City

98
 SIXTH JUDICIAL REGION

RTC, Branch 13, Culasi, Antique RTC, San Jose, Antique

RTC, Branch 64, Bugasong, Antique RTC, San Jose, Antique
RTC, Branch 66, Barotac Viejo, Iloilo RTC, Iloilo City
RTC, Branch 67, Guimbal, Iloilo RTC, Iloilo City
RTC, Branch 68, Dumangas, Iloilo RTC, Iloilo City
RTC, Branch 65, Jordan, Guimaras RTC, Iloilo City
RTC, Branch 60, Cadiz City, Negros Occ. RTC, Silay City
RTC, Branch 61, Kabankalan City, Negros Occ. RTC, Himamaylan,
Negros Occidental
RTC, Branch 62, Bago City, Negros Occ. RTC, Bacolod City
RTC, Branch 63, La Carlota, Negros Occ. RTC, Bacolod City

SEVENTH JUDICIAL REGION

RTC, Branch 50, Loay, Bohol RTC, Tagbilaran City

RTC, Branch 51, Carmen, Bohol RTC, Tagbilaran City
RTC, Branch 52, Talibon, Bohol RTC, Tagbilaran City
RTC, Branch 25, Danao City, Cebu RTC, Mandaue City
RTC, Branch 26, Argao, Cebu RTC, Cebu City
RTC, Branch 60, Barili, Cebu RTC, Cebu City
RTC, Branch 61, Bogo, Cebu RTC, Mandaue City
RTC, Branch 62, Oslob, Cebu RTC, Cebu City
RTC, Branch 45, Bais City, Negros Oriental RTC, Dumaguete City
RTC, Branch 63, Bayawan City, Negros Oriental RTC, Dumaguete City
RTC, Branch 64, Guihulngan, Negros Oriental RTC, San Carlos City
RTC, Branch 43, Tanjay-Negros Oriental RTC, Dumaguete City
RTC, Branch 46, Larena, Siquijor RTC, Dumaguete City

EIGHTH JUDICIAL REGION

RTC, Branch 3, Guiuan, Eastern Samar RTC, Borongan, Eastern Samar

RTC, Branch 4, Dolores, Eastern Samar RTC, Borongan, Eastern Samar
RTC, Branch 5, Oras, Eastern Samar RTC, Borongan, Eastern Samar
RTC, Branch 10, Abuyog, Leyte RTC, Tacloban City
RTC, Branch 11, Calubian, Leyte RTC, Carigara, Leyte
RTC, Branch 14, Baybay, Leyte RTC, Ormoc City
RTC, Branch 15, Burauen, Leyte RTC, Tacloban City
RTC, Branch 17, Palompon, Leyte RTC, Ormoc City
RTC, Branch 18, Hilongos, Leyte RTC, Maasin City
RTC, Branch 16, Naval, Biliran RTC, Garigara, Leyte
RTC, Branch 37, Caibiran, Biliran RTC, Carigara, Leyte
RTC, Branch 23, Allen, Northern Samar RTC, Catarman, Northern Samar
RTC, Branch 38, Gamay, Northern Samar RTC, Laoang, Northem Samar
(unorganized sala)
RTC, Branch 26, San Juan, Southern Leyte RTC, Maasin City
RTC, Branch 39, Sogod, Southern Leyte RTC, Maasin City
RTC, Branch 30, Basey, Samar RTC, Tacloban City
RTC, Branc 33, Calbiga, Samar RTC, Catbalogan, Samar

99
RTC, Branch 40, Tarangnan, Samar RTC, Catbalogan, Samar
RTC, Branch 41, Dandara,Samar RTC, Calbayog City

NINTH JUDICIAL REGION

RTC, Branch 3, Jolo, Sulu RTC, Zamboanga City

RTC, Branch 4, Parang, Sulu RTC, Zamboanga City
RTC, Branch 25, Siasi, Sulu RTC, Zamboanga City
RTC, Branch 5, Bongao, Tawi-Tawi RTC, Zamboanga City
RTC, Branch 26, Sapa Sapa, Tawi-Tawi RTC, Zamboanga City
(unorganized sala)
RTC, Branch 11, Sindangan, RTC, Dipolog City
Zamboanga del Norte
RTC, Branch 27, Siocon, Zamboanga del Norte RTC, Dipolog City
RTC, Branch 28, Liloy, Zamboanga del Norte RTC, Dipolog City
RTC, Branch 23, Molave, Zamboanga del Sur RTC, Pagadian City
RTC, Branch 29, San Miguel, RTC, Pagadian City
Zamboanga del Norte
RTC, Branch 3O, Aurora, Zamboanga del Sur RTC, Pagadian City
RTC, Branch 24, Ipil, Zamboanga Sibugay RTC, Pagadian City

TENTH JUDICIAL REGION

RTC, Branch 34, Cabadbaran, Agusaa del Norte RTC, Butuan City
RTC, Branch 6, Prosperidad, Agusan del Sur RTC, Butuan City
RTC, Branch 7, Bayugan, Agusan del Sur RTC, Butuan City
RTC, Branch 11, Manolo Fortich, Bukidnon RTC, Malaybalay City
RTC, Branch 16, Tangub City, RTC, Ozamis City
Misamis Occidental
RTC, Branch 36, Calamba, Misamis Occidental RTC, Oroquieta City
RTC, Branch 44, Initao, Misamis Oriental RTC, Iligan City
RTC, Branch 28, Mambajao, Camiguin RTC, Cagayan de Oro City
RTC, Branch 31, Dapa, Surigao del Norte RTC, Surigao City.
RTC, Branch 32, Dinagat Island, RTC, Surigao City
Surigao del Norte

ELEVENTH JUDICIAL REGION

RTC, Branch 3, Nabunturan, Compostela Valley RTC, Tagum City

RTC, Branch 7, Baganga, Davao Oriental
RTC, Branch 32, Lupon, Davao Oriental
RTC, Branch 21, Bansalan, Davao del Sur
RTC, Branch 26, Surallah, South Cotabato
RTC, Branch 39, Polomolok, South Cotabato
RTC, Branch 38, Alabel, Sarangani
RTC, Branch 28, Lianga, Surigao del Sur
RTC, Branch 29, Bislig City, Surigao del Sur
RTC, Branch 41, Cantilan, Surigao del Sur
RTC, Mati, Davao Oriental
RTC, Mati, Davao Oriental
RTC, Digos City
RTC, Koronadal City
RTC, General Santos City
RTC, General Santos City
RTC, Tandag, Surigao del Sur
RTC, Tandag, Surigao del Sur
RTC, Tandag, Surigao del Sur

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 TWELFTH JUDICIAL REGION

RTC, Branch 7, Tubod, Lanao del Norte RTC, Iligan City

RTC, Branch 21, Kapatagan, Lanao del Norte RTC, Iligan City
RTC, Branch 15, Shariff Aguak (Maganoy), RTC, Cotabato City
Maguindanao
RTC, Branch 19, Isulan, Sultan Kudarat RTC, Koronadal City
RTC, Branch 20, Tacurong, Sultan Kudarat RTC, Koronadal City
RTC, Branch 25, Kalamansig, Sultan Kudarat

____________________________________________________________________

* Based on accessibility by ordinary means of transportation

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Annex “B”

CIRCULAR NO. 7
TO : ALL EXECUTIVE JUDGES AND JUDGES OF THE
REGIONAL TRIAL COURTS
SUBJECT : PAIRING SYSTEM IN THE REGIONAL TRIAL
COURTS.
Quoted hereunder, for your ready reference, are the provisions of Circular
No. 7 dated September 23, 1974 of this Court, to wit:
“VIII. Pairing System
“A pairing system shall be established whereby every Branch shall be
considered as paired with another Branch. In the event of vacancy in any
Branch, or of the absence or disability of the Judge thereof, all incidental or
interlocutory matters pertaining to it may be acted upon the Judge of the
other Branch paired with it. The latter may likewise conduct trials or hearings
on the merits in criminal cases with detention prisoners assigned to the
other Branch as well as in the other kinds of cases, subject to the conformity
of the parties.
“For the purpose of the pairing system, Branch I shall be paired with Branch
II, Branch III with Branch IV and so on and any Branch in a station left without
pair shall be paired with a Branch presided by the Executive Judge in addition
to the latter’s regular pair. In case of vacancy in the two Branches paired
with each other, or prolonged absence of both Presiding Judges of the paired
Branches, the incidental or interlocutory matters pertaining to any or both
Branches shall be acted upon by the Executive Judge. ‘Prolonged absence’
means absence of one month or more.
“In stations or groupings where the Branches are irregularly numbered, the
foregoing rule shall be applied in the most analogous manner.
“IX. This Circular shall not apply to single salas whose territorial
jurisdictions are definitely fixed. x x x”
Executive Judges are hereby reminded to strictly comply with the
aforementioned Circular and to immediately inform this Court, through the Office
of the Court Administrator, of the pairing Judges in their respective stations.
Please be guided accordingly.
June 3, 1986.

[Sgd.] LEO D. MEDIALDEA

Court Administrator

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Annex “C”

ADMINISTRATIVE ORDER NO. 134-92

RE: PAIRING SYSTEM FOR SINGLE SALA STATIONS
Circular No. 7 dated September 23, 1974 establishes a pairing system for
multiple sala stations to expedite resolution of urgent matters requiring immediate
action whenever the presiding judge of one branch is temporarily absent and/or
unable to act without an acting judge having been particularly designated.
However, no pairing system has been laid down for single sala stations.
Consequently, a pairing system for single sala stations is hereby established
as follows:
(1) Whenever the presiding judge of a single sala station is temporarily
absent and no acting judge has yet been designated, the clerk of court
or branch clerk, upon request of any party, shall refer any urgent matter
requiring immediate action to the nearest presiding judge of the
appropriate Regional Trial Court or Municipal Trial Court with jurisdiction
to act on the matter. Such presiding judge is authorized to hear and
resolve any urgent matters, including applications for restraining orders,
injunctions and other matters requiring immediate attention prior to the
return of the regular judge or the assignment of an acting judge, without
prejudice to any subsequent action that may be taken by the judge to
whom the particular case is eventually assigned. If the nearest trial court
is a multi-sala station, the matter shall be referred to the Executive Judge,
or in his absence, the presiding judge authorized to act for the Executive
Judge.
(2) The clerk of court, before making such referral to the nearest presiding
judge of the same level, shall certify that the presiding judge is temporarily
absent and no judge has been designated to act for the branch. The
RTC Executive Judge with jurisdiction over the temporarily absent MTC
judge, or the Court Administrator in the case of temporarily absent RTC
judges, shall immediately be notified of said referral.
(3) The pairing judge shall act on all matters pertaining to the station of the
temporarily absent judge in the latter’s court, utilizing the personnel and
facilities of said court. His attendance in the court of temporarily absent
judge shall be deemed to be on official business. However, if his travel
to the court of the absent judge would cause delay in the trial or disposition
of cases of his own court, he may act on all matters pertaining to the
other court in his own station.
(4) If there are two or more single sala courts more or less equidistant from
the court of the absent judge, referral shall be made to the Presiding
Judge most senior in station, or if the judges are of equal seniority, then
to the Presiding Judge with the least number of pending cases.

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 This Administrative Order shall take effect upon its publication in a newspaper
of general circulation.
July 16, 1992.

[Sgd.] ANDRES R. NARVASA

Chief Justice

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Annex “C-1”

SUPREME COURT ADMINISTRATIVE ORDER NO. 19-97

AMENDMENT OF ADMINISTRATIVE ORDER NO. 134-92
Re : Pairing System for Single Sala Stations
Administrative Order No. 134-92 dated July 16, 1992 establishes a pairing
system for single sala stations to expedite resolution of urgent matters requiring
immediate action whenever the presiding judge is temporarily absent. However,
attention has been called to the fact that unlike the pairing system established
under Circular No. 7 of September 23, 1974 for multiple sala stations, the pairing
system for single sala stations does not cover instances of vacancies in single
sala stations. Administrative Order No. 134-92 is, therefore, hereby amended
as follows:
1) IN THE EVENT OF VACANCY IN A SINGLE SALA STATION OR OF
THE ABSENCE OR DISABILITY OF THE JUDGE THEREOF and no
acting judge has yet been designated, the Clerk of Court, upon request
of any party, shall refer any urgent matter requiring immediate action to
the nearest presiding judge of the appropriate Regional Trial Court or
Municipal Trial Court with jurisdiction to act on the matter. Such presiding
judge is authorized to hear and resolve any urgent matters, including
applications for restraining orders, injunctions and other matters requiring
immediate attention prior to the APPOINTMENT OF A NEW JUDGE, the
return of the regular judge or the assignment of an acting judge, without
prejudice to any subsequent action that may be taken by the judge to
whom the particular case is eventually assigned. If the nearest trial court
is a multiple sala station, the matter shall be referred to the Executive
Judge, or in his absence, the presiding judge authorized to act for the
Executive Judge.
2) The clerk of court, before making such referral to the nearest presiding
judge of the same level, shall certify that THE STATION IS VACANT, OR
THAT THE PRESIDING JUDGE THEREOF IS ABSENT OR DISABLED
and that no ACTING JUDGE HAS BEEN DESIGNATED. The RTC
Executive Judge with jurisdiction over the MTC SINGLE SALA STATION
CONCERNED or the Court Administrator in the case of an RTC SINGLE
SALA STATION, shall immediately be notified of said referral.
3) The pairing judge shall act on all matters pertaining to the PAIRED
SINGLE SALA STATION IN THE SAID STATION utilizing ITS personnel
and facilities. His attendance THEREIN shall be deemed to be on official
business. However, if his travel to the PAIRED SINGLE SALA STATION
would cause delay in the trial or disposition of cases in his own court, he
may act on all matters pertaining to the other court in his own station.

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 4) If there are two or more single sala courts more or less equidistant from
the Court WITHOUT A JUDGE referral shall be made to the presiding
judge most senior in station, or if the judges are of equal seniority, then
to the presiding judge with the least number of pending cases.
This Administrative Order shall take effect upon its publication in a newspaper
of general circulation.

February 14, 1997.

(Sgd.) ANDRES R. NARVASA

Chief Justice

106
Annex “D”

CIRCULAR NO. 19-98

TO : ALL JUDGES OF THE REGIONAL TRIAL COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND
MUNICIPAL CIRCUIT TRAIL COURTS
SUBJECT : EXPANDED AUTHORITY OF PAIRING COURTS
In the interest of efficient administration of justice, the authority of the pairing
judge under Circular No. 7 dated September 23, 1974, [Pairing System for
Multiple Sala Stations] to act on incidental or interlocutory matters and those
urgent matters requiring immediate action on cases pertaining to the paired
court, shall henceforth be expanded to include all other matters. Thus, whenever
a vacancy occurs by reason of resignation, dismissal, suspension, retirement,
death, or prolonged absence of the presiding judge in a multi-sala station, the
judge of the paired court shall take cognizance of all the cases thereat as acting
judge therein until the appointment and assumption to duty of the regular judge
or the designation of an acting presiding judge or the return of the regular
incumbent judge, or until further orders from this Court.
For this purpose, the provisions of Circular No. 7 dated September 23, 1974
inconsistent with this Circular, are hereby amended.
February 18, 1998.

[Sgd.] ALFREDO L. BENIPAYO

Court Administrator

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Annex “E”

OCA CIRCULAR NO. 03-2006

TO : ALL JUDGES AND LOWER COURT PERSONNEL
SUBJECT : GRIEVANCE MACHINERY FOR THE LOWER COURTS

For your information and guidance, the Office of the Court Administrator
has adopted the “Grievance Machinery for the Lower Courts” in accordance
with CSC Resolution No. 010113 and CSC Memorandum Circular No. 02, series
of 2001. This grievance machinery was duly approved by the Civil Service
Commission.
All courts are hereby furnished copies of this grievance machinery for strict
implementation.
January 5, 2006.

(Sgd.) PRESBITERO J. VELASCO, JR.

Court Administrator

GRIEVANCE MACHINERY FOR THE LOWER COURTS

In line with the Revised Policies on the Settlement of Grievances in the Public
Sector, enunciated under CSC Resolution No. 010113 and CSC Memorandum
Circular No. 02, series of 2001, this grievance machinery referred to as Office
of the Court Administrator Grievance Machinery for the Lower Courts, is hereby
adopted for implementation by all concerned.
I. Objectives
a) To promote harmony in the workplace and thereby foster the productivity
of lower court officials and employees for the betterment of the service;
b) To create a work atmosphere conducive to good supervisor-employee
relations and improved employee morale;
c) To settle grievances at the lowest level possible in the organization;
d) To serve as a catalyst for the development of capabilities of personnel
on dispute settlement, especially among supervisors in the lower courts;
and
e) To formalize the existing informal system of settling grievances in the
lower courts.

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II. Policies
a) A grievance shall be resolved expeditiously at all times at the lowest
level possible in the agency. However, if not settled at the lowest level,
an aggrieved party shall present his grievance step by step following the
hierarchy of positions.
b) The aggrieved party shall be assured freedom from coercion,
discrimination, reprisal and biased action on the grievance.
c) Grievance proceedings shall not be bound by legal rules and
technicalities. Even verbal grievance must be acted upon expeditiously.
The services of a legal counsel shall not be allowed.
III. Scope
The OCA Grievance Machinery for the Lower Courts applies to all officials
and employees of the Regional Trial Courts, Shari’a District Courts, Metropolitan
Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal
Circuit Trial Courts, and Shari’a Circuit Courts.
VI. Definition of Terms
a. Grievance – a work related discontentment or dissatisfaction which had
been expressed verbally or in writing and which, in the aggrieved
employee’s opinion, has been ignored or dropped without due
consideration.
b. Grievance Machinery – a system or method of determining and finding
the best way to address the specific cause or causes of a grievance.
c. Bilis Aksyon Partner – is the counterpart Action Officer of the Civil Service
Commission under the Mamamayan Muna Program in every agency
pursuant to CSC MC No. 3, s. 1994.
d. Immediate Supervisor – pertains to the Branch Clerk of Court / Officer-
in-Charge in the branch or the Chief of a unit in the Office of the Clerk of
Court.
e. Higher Supervisor – refers to the Presiding Judge other than the Executive
Judge, or the Clerk of Court.
f. Second level position – refers to a position that requires professional
Civil Service eligibility, the duties of which require completion of at least
four (4) year course leading to a Bachelor’s Degree.
g. First level position – refers to a position which does not require
professional civil service eligibility.
V. Coverage
The following cases shall be acted upon through the grievance machinery:

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 a. Non-implementation of policies, practices and procedures on economic
and financial issues and other terms and conditions of employment fixed
by law including salaries, incentives, working hours, leave benefits, and
other related terms and conditions;
b. Non-implementation of policies, practices and procedures which affect
employees from recruitment to promotion, detail, transfer, retirement,
termination, lay-offs, and other related issues that affect them.
c. Physical working conditions;
d. Interpersonal relationships and linkages;
e. Dissatisfaction concerning applications, indorsements and
recommendations for promotion;
f. All other matters giving rise to employee dissatisfaction and
discontentment outside of those cases enumerated above.
The following cases shall not be acted upon through the grievance machinery:
a. Disciplinary cases which shall be resolved pursuant to the Uniform Rules
on Administrative Cases;
b. Sexual harassment cases as provide for in R.A. No. 7877;
c. Employees Associations’ issues and concerns; and
d. Issues involving selection and qualification of the appointee which are
within the authority of the Selection and Promotions Board to resolve.
VI. OCA Grievance Committee for the Lower Courts
Pursuant to Office Order No. 21-2002 dated 02 September 2002, the Office
of the Court Administrator Grievance Committee for the Lower Courts was
constituted. The following are the Chairperson and Members thereof:1
Chairperson - Hon. Carlos L. de Leon
Assistant Court Administrator
Vice-Chairperson - Atty. Edgar A. Azarraga, Court Attorney V
Members - Atty. Edna J. Conde, Court Attorney VI
Atty. Mark N. Marcos, Court Attorney VI
Atty. Ma. Jean C. Lim, Court Attorney VI
Atty. Caridad Walse-Lutero, Court Attorney V

1
As of December 15, 2006, the members of the OCA Grievance Committee for the
Lower Courts are: Assistant Court Administrator Nimfa C. Vilches, Chairperson;
Atty. Caridad A. Pabello, Vice-Chairperson; Atty. Ma. Jean C. Lim, Atty. Rullyn S.
Garcia, Atty. Arturo V. Noblejas, Atty. Shirley T.M. Literal, Atty. Vener B. Pimentel,
Atty. Perlita V. Ele, Mr. George D. Mabborang, members.

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 Atty. Vener B. Pimentel, Legal Office, OCA
Mrs. Rosario L. Salvador, OAS
Ms. Maria Cristita R. Santos, FMO
Atty. Raymundo U. Tan, PACE
Mr. Severino C. Balubar, Jr. PACE
Recorder-Secretary - Atty. Eduardo C. Tolentino, Court Attorney VI
Asst. Recorder Sec. - Ms. Maria Rosario G. Gaticales, Exec. Asst. II

VII. Grievance Committee in the Lower Courts

There shall be an Employee Grievance Committee (EGC) for multiple and
single sala courts with the following composition:
A. Multiple Sala Courts
A.1. Second Level Courts
A.1.a. For multiple sala courts with three (3) or more branches
Chairman - Incumbent Executive Judge of the
multiple sala court
Vice-Chairman - Incumbent 1st Vice-Executive
Judge of the multiple sala court
Members (2) - One (1) PACE representative
each from the first and second
level positions, or in the absence
of a PACE representative, a
representative duly elected by the
majority of the employees of the
court concerned.
In case of the prolonged absence (30 days or more) of the Vice-
Chairman or where the grievance is against him, the Acting Vice-
Chairman shall be selected in the following order:
• the 2nd Vice Executive Judge;
• the 3rd Vice Executive Judge, in the absence of the 2nd
Vice Executive Judge;
• the most senior (in terms of service in the Judiciary)
Presiding Judge of the multiple sala court.

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 In case the grievance is against the regular Vice Chairman, the
Acting Vice Chairman shall sit as such until the termination/
resolution of the grievance.
In case of prolonged absence by the regular Vice Chairman, the
Acting Vice Chairman shall sit as such until the termination/
resolution of grievances where he took part in the deliberations.
A.1.b. Multiple sala second level courts with only two (2) branches
The EGC composition for these courts shall be the same as the
composition of the EGC under A.1.a. However, the Vice Chairman
shall be the Presiding Judge of the remaining branch.
In case of the prolonged absence (30 days or more) of the Vice
Chairman, or where the grievance is against him, the Chairman
shall designate as Acting Vice Chairman any one of the Presiding
Judges of the first level courts within his administrative
supervision.
A.2. First Level Courts
A.2.a. Multiple sala first level courts with designated Vice Executive
Judges
The composition of the EGC for these courts shall follow the
composition under A.1.a.
In case of the prolonged absence (30 days or more) of the Vice
Chairman or where the grievance is against him, the same
procedure in designating an Acting Vice Chairman as provided
for under A.1.a. shall apply.
A.2.b. Multiple sala first level courts with no designated Vice Executive
Judge
The composition of the EGC for these courts shall follow the
composition under A.1.a. However, the Vice Chairman shall be
the most senior (in terms of service in the Judiciary) Presiding
Judge from among the remaining branches.
A.2.c. MeTC and MTCC with only two (2) branches
The composition of the EGC for these courts shall follow the
composition under A.2.b.
In case of the prolonged absence (30 days or more) of the Vice
Chairman, or where the grievance is against him, the Branch
Clerk of Court of his branch shall act as Vice Chairman.
A.2.d. MTC multiple sala courts
The composition of the EGC for these courts shall be as follows:

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 Chairman - most senior (in terms of service
in the Judiciary) Presiding Judge
Vice Chairman - next most senior Presiding Judge
Members (2) - One (1) PACE representative
each from the first and second
level positions, or in the absence
of a PACE representative, a
representative duly elected by the
majority of the employees of the
court concerned.
However, in the event that an Executive Judge has been
designated, the Executive Judge shall automatically be the
Chairman. The most senior of the remaining Presiding Judges
shall be the Vice Chairman.
In case of prolonged absence (30 days or more) of the Vice
Chairman, or where the grievance is against him, the procedure
under A.2.b ( for MTCs with 3 or more branches) or A.2.c. (for
MTCs with only 2 branches) shall apply.
B. Single Sala Courts
B.1. Second level single sala courts
Chairman - incumbent Executive Judge of the
RTC single sala court
Vice Chairman - any one of the Presiding Judges
in the first level courts within the
administrative supervision of the
Executive Judge of the RTC single
sala court as designated by such
Executive Judge
Members (2) - One (1) PACE representative
each from the first and second
level positions, or in the absence
of a PACE representative, a
representative duly elected by the
majority of the employees of the
court concerned.
Where the grievance is against the Vice Chairman, the RTC
Executive Judge shall designate any judge from the first level courts
within his administrative supervision to act as Vice Chairman for
that particular grievance.

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 B.2. First level single sala courts
Single sala first level courts shall be clustered with the EGC of
the Regional Trial Court exercising administrative supervision over
the concerned first level courts.
However, in the event that it would be quite burdensome on the
part of any of the parties to personally seek resolution of their
grievance, they may file their grievance in writing with the EGC of
the nearest and most accessible RTC.
C. Shari’a District/Circuit Courts
Chairman - Presiding Judge of the Shari’a
District Court
Vice Chairman - any one of the Presiding Judges
of the Shari’a Circuit Courts within
the administrative supervision of
the EGC Chairman
Members (2) - One (1) representative each from
the first and second level positions,
selected by majority of the
employees of the court
concerned.
The Executive Judge shall constitute the EGC within fifteen (15)
working days from approval of the OCA Grievance Machinery for the
Lower Courts.
VIII. Procedure
The procedure for seeking redress of grievances shall be as follows:
A. Grievance of Parties Within the same Branch/Office
A.1. Discussion with Immediate Supervisor
At the first instance, a grievance shall be presented verbally or in
writing by the aggrieved party to his immediate supervisor.
The immediate supervisor may call the party against whom the
grievance is directed; or schedule an immediate conference between
the parties; or perform such other acts that will most expeditiously deal
with the grievance presented.
The immediate supervisor shall inform the aggrieved party of the
corresponding action within three (3) working days from the date of
presentation.

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 A.2. Appeal to the Higher Supervisor
If the aggrieved party is not satisfied with the verbal decision, he
may submit the grievance either verbally or in writing, within five (5)
working days to the next higher supervisor who shall render his written
decision within five (5) working days from receipt of the grievance.
The Higher Supervisor may call the parties to discuss the problem/
s presented, or perform such other acts that will expeditiously dispose
of or solve the grievance.
A.3. Absence of Immediate Supervisor
In the absence of the immediate supervisor in items A and B, the
OIC/Pairing/Acting Judge shall act on the grievance.
B. Grievance of Parties Belonging to Different Branches/Offices
B.1. Discussion with the Immediate Supervisor of the respondent.
Whenever the parties involved belong to different offices, the
grievance shall be presented to the immediate supervisor of the
respondent either verbally or in writing. Such grievance shall be resolved
by the immediate supervisor within five (5) working days from date of
filing.
The immediate supervisor may call the party against whom the
grievance is directed; or schedule an immediate conference between
the aggrieved party and the party against whom the grievance is directed;
or perform such other acts that will most expeditiously deal with the
grievance presented.
B.2. Appeal to the Higher Supervisor of the respondent.
The resolution of the immediate supervisor may be elevated to the
higher supervisor of the respondent either verbally or in writing within
five (5) working days from receipt thereof. The higher supervisor of the
respondent shall render his written decision within five (5) working days
from receipt of the appealed grievance. The Higher Supervisor may call
the parties to discuss the problem/s presented, or perform such other
acts that will expeditiously dispose of or solve the grievance.
B.3. Absence of Higher Supervisor
In the absence of the higher supervisor in items A and B, the OIC/
Pairing/Acting Judge shall act on the grievance.
C. Grievance against Immediate Supervisor
Where the object of the grievance is the immediate supervisor, the
aggrieved party may bring the grievance to the higher supervisor of the latter,

115
who shall in turn render a decision in writing within five (5) working days
from receipt of the grievance.
In all cases under A, B and C, the decision of the higher supervisor may
be appealed to the EGC within five (5) working days from receipt of the
decision.
The EGC may conduct an investigation and hearing within ten (10)
working days from receipt of the appealed grievance and render a written
decision within five (5) working days after the investigation. Thereafter, it
shall issue a Certification on the Final Action on the Grievance (CFAG) which
shall contain, among others, the history and action taken on the grievance.
D. Grievance against the Higher Supervisor
Where the object of the grievance is the higher supervisor, the aggrieved
party may submit the grievance, verbally or in writing, to the EGC.
The EGC shall render its written decision on the grievance within five
working days from its submission.
E. Grievance against the Executive Judge
Where the object of the grievance is the Executive Judge, the aggrieved
party may submit the grievance, verbally or in writing, to the OCA Grievance
Committee for appropriate action.
The OCA Grievance Committee shall render its written decision on the
grievance within fifteen (15) working days from the date the grievance is
submitted for resolution.
F. Appeal to the OCA Grievance Committee
The decision of the EGC in A, B, C and D may be appealed to the OCA
Grievance Committee within fifteen (15) working days from receipt thereof.
Together with the appeal, the aggrieved party shall submit the Certification
on the Final Action on the Grievance (CFAG) issued by the EGC.
G. Appeal to the Office of the Court Administrator
The decision of the OCA Grievance Committee may be appealed to the
Office of the Court Administrator within fifteen (15) working days from receipt
of the decision. The aggrieved party is required to submit together with the
appeal, the Certification on the Final Action on the Grievance (CFAG) issued
by the OCA Grievance Committee.
H. Periods
The periods within which action on a grievance is required to be made
or appeals may be taken as herein provided shall be non-extendible in line
with the policy to resolve grievances expeditiously at all times.

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IX. Bilis Aksyon Partner
Pursuant to CSC Memorandum Circular No. 2, s. 2001, a Bilis Aksyon Partner
(BAP), who shall be designated by the Court Administrator, shall serve as the
action officer of the OCA Grievance Committee for the Lower Courts. He shall
promptly render assistance to lower court employees for the redress of their
grievances through the grievance machinery as established by the Office of the
Court Administrator.
The BAP shall ensure that grievances are resolved expeditiously at the lowest
level possible in the agency.
A BAP shall likewise be designated by the Executive Judge to serve as the
action officer for the EGC.
X. Grievance Forms
The following forms shall be used:
1. Grievance Form

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’s

Higher Supervisor

Nature/Subject of Grievance:

Action desired:

Signature of Aggrieved Party

2. Grievance Agreement From

GRIEVANCE AGREEMENT FORM

Nam e of Parties to a Grievance

Nature of the Grievance
Steps toward Settlem ent
Agreem ents Reached

W e promise to abide by the above-stated agreem ents.

Aggrieved Party Subject of Grievance

Chairman, Grievance Comm ittee

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 3. Certificate of Final Action on the Grievance

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

EMPLOYEE GRIEVANCE COMMITTEE (EGC) 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 Parties Date Nature of Action

at the end of the Received Grievance Taken
Quarter*

* Supplemental paper may be used if necessary.

Certified Correct ______________________
EGC Chairman
Date Submitted ________________________

XI. Pro-Active Measures

a. The Office of the Court Administrator shall ensure equal opportunity for
men and women in the lower courts to be represented in the grievance
committee.
b. The OCA Grievance Committee and the Employee Grievance Committee
shall develop and implement pro-active measures that would prevent
grievance such as employee assembly, “talakayan”, counseling and other
Human Resource Development Programs.

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 c. The OCA Grievance Committee and the Employee Grievance Committee
shall conduct training information drives on Grievance Machinery among
officials and employees of the lower courts in collaboration with the Office
of Administrative Services, OCA.
XII. Quarterly Report
The Employee Grievance Committee shall submit a report of its
accomplishments and status of unresolved grievances to the OCA Grievance
Committee within ten (10) days after the end of each quarter. The OCA
Grievance Committee shall submit a consolidated quarterly report, duly noted
by the Court Administrator, to the Civil Service Commission Regional Office.
XIII. Liabilities
Supervisors or officials who refuse to take action on a grievance brought to
their attention shall be liable for neglect of duty.
XIV. Effectivity
This Grievance Machinery for the Lower Courts shall take effect immediately
upon approval by the Supreme Court En Banc.
XV. Commitment
The Office of the Court Administrator hereby commits to implement the
provisions of this Grievance Machinery in accordance with existing civil service
law and rules.

(Sgd.) PRESBITERO J. VELASCO, JR.

Court Administrator

April 3, 2003.

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Annex “F”

EN BANC RESOLUTION
A.M. NO. 03-03-13-SC

RULE ON ADMINISTRATIVE PROCEDURE IN SEXUAL

HARASSMENT CASES
AND GUIDELINES ON PROPER WORK DECORUM IN
THE JUDICIARY
SECTION 1. Coverage. - This Rule shall apply to all officials and employees
of the Judiciary, including those in the Presidential Electoral Tribunal, the Office
of the Court Administrator and the Philippine Judicial Academy. It shall not,
however, apply to the members of the Supreme Court, who can only be removed
by impeachment under the Constitution, and the members of the Judicial and
Bar Council.
SEC. 2. Objectives. - The objectives of this Rule are: to promote full respect
for human rights; to uphold the dignity of every individual, especially employees
and applicants for employment in the Judiciary; and to enhance the development
of the human resources of the State by promoting their right to a humane, just
and safe work environment and improving their morale and efficiency in the
workplace.
SEC. 3. Work-related Sexual harassment; Definition. - Work-related sexual
harassment is committed by an official or employee in the Judiciary who, having
authority, influence or moral ascendancy over another in a work environment,
demands, requests or otherwise requires any sexual favor from the other,
regardless of whether the demand, request or requirement for submission is
accepted by the latter.
SEC. 4. Work-related Sexual harassment; how committed. - Work-related
sexual harassment is committed when:
(a) The sexual favor is made as a condition in the hiring or in the employment,
re-employment or continued employment of said individual, or in granting
said individual favorable compensation, terms, conditions, promotions
or privileges; or the refusal to grant the sexual favor results in limiting,
segregating or classifying the employee which in any way would
discriminate, deprive or diminish employment opportunities or otherwise
adversely affect said employee. It shall include, but shall not be limited
to the following modes:
1. Physical, such as malicious touching, overt sexual advances,
gestures with lewd insinuation.

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 2. Verbal, such as requests or demands for sexual favors, and lurid
remarks.
3. Use of objects, pictures or graphics, letters or written notes with
sexual underpinnings.
4. Other acts analogous to the foregoing.
(b) The above acts would impair the employee’s rights or privileges under
existing laws; or
SEC. 5. Persons liable. - Any person who (a) directly commits sexual
harassment; (b) induces or directs another person to commit such harassment;
or (c) cooperates through an act without which sexual harassment would not
have been accomplished shall be administratively liable for sexual harassment.
SEC. 6. Creation of the Committee on Decorum and Investigation (CODI).
- The Chief Justice shall appoint the members of the Supreme Court Committee
on Decorum and Investigation (SC-CODI), while the Presiding Justices of the
Court of Appeals, the Sandiganbayan and the Court of Tax Appeals shall appoint
the members of their respective CODIs. In the Court of Appeals Divisions in
Cebu City and Cagayan de Oro City, the Executive Justices shall appoint the
members of their respective CODIs. In the lower courts, the Executive Judges
shall appoint the members of their CODIs.
The SC-CODI shall have jurisdiction over work-related sexual harassment
cases committed by the officials and employees of the Supreme Court proper,
the Presidential Electoral Tribunal, the Office of the Court Administrator, the
Philippine Judicial Academy and the employees of the Judicial and Bar Council.
SEC. 7. Committee on Decorum and Investigation - Composition, Voting
and Term of Office. - The SC-CODI shall be composed of the Clerk of Court as
Chairperson; a representative from the Office of the Court Administrator as
Vice-Chairperson; and a representative each from the Office of the Chief Attorney,
the Office of Administrative Services, the Medical and Dental Services, the
Supreme Court Assembly of Lawyer-Employees, Inc. (SCALE), and the Supreme
Court Employees Association (SCEA). The representatives of the SCALE and
the SCEA shall be designated by their respective governing boards from among
officials or members in good standing.
The CODIs of the Court of Appeals, the Sandiganbayan and the Court of
Tax Appeals shall be composed of the Presiding Justice as Chairperson; The
CODIs of the Court of Appeals Divisions in Cebu City and Cagayan de Oro City
shall be composed of the Executive Justice as Chairperson; the Clerk of Court
as Vice-Chairperson; and one representative each from the employees’
associations duly accredited by the Office of the Court Administrator.
In multi-sala lower courts, the CODIs shall be composed of the Executive
Judge as Chairperson; the Clerk of Court as Vice-Chairperson; and one
representative each from the employees’ associations duly accredited by the

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Office of the Court Administrator. In the case of single sala lower courts, the
Office of the Court Administrator shall cluster them for the purpose of forming
their respective CODIs.
A majority of the members of the CODI shall constitute a quorum. A vote of
a majority of the CODI members present, there being a quorum, shall be
necessary for the issuance of a recommendation. No CODI member shall
participate in any proceeding where he or she is either a complainant or a
respondent, or is related by consanguinity or affinity within the third civil degree
to the complainant or the respondent.
In case the Chairperson is disqualified or inhibits himself, the Assistant Clerk
of Court in the Supreme Court, the most senior Associate Justice in the Court
of Appeals, the Sandiganbayan and Court of Tax Appeals, or the Vice-Executive
Judge in the lower courts shall serve as the Acting Chairperson of the CODIs in
their respective courts.
The members of the CODI shall serve for a term of two years from their
date of appointment.
SEC. 8. Jurisdiction, powers and responsibilities of the CODIs. - The CODIs
shall have jurisdiction over all complaints for sexual harassment committed by
officials and employees of the Judiciary except those against Judges of
regular and special courts and Justices of the Court of Appeals, the
Sandiganbayan and the Court of Appeals, which shall fundamentally
adhere to the proceeding laid down in Section 3 of Rule 140 of the Rules
of Court, as amended.1 The CODI shall:
(a) Receive the complaint, investigate its allegations, and submit a report
and recommendation to the proper court authority, as provided for in Section 18
of this Rule;
(b) Conduct meetings at least once a year with the representatives of the
different offices for the purpose of recommending to the appropriate body
measures that shall increase and promote understanding and prevent incidents
of sexual harassment; and
(c) Perform such other functions as may be necessary and incidental to the
achievement of the objectives of Republic Act No. 7877.
SEC. 9. Complaint. - A complaint for sexual harassment shall be in writing,
under oath, and accompanied by a certificate of non-forum-shopping. It shall
be supported by the affidavits of witnesses, if any, and other evidence of the
complainant. It shall be filed with the Office of the Clerk of Court in which the
respondent is an official or employee. A docket number shall be assigned to
each complaint filed.

1
Section 8 was amended through a Resolution of the Court En Banc dated March 7,
2006 in A.M. No. 03-03-13-SC and circularized through OCA Circular No. 58-2006
dated March 27, 2006.

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 SEC. 10. Action on the complaint. - If the Committee finds the complaint
sufficient in form and substance, a copy thereof shall be served upon the
respondent who shall be required to submit an answer under oath and supported
by the affidavits of his witnesses and other evidence and furnish a copy thereof
to the complainant, within five working days from date of service. The
complainant may file a reply within five working days from receipt of the answer.
If the complaint is insufficient in form or substance, the CODI shall
recommend its dismissal. The dismissal is without prejudice to the filing of
administrative, civil or criminal charges against the complainant and the assisting
counsel, if any, if the complaint is manifestly frivolous and filed only for purposes
of harassment.
SEC. 11. Withdrawal of complaint. - The complainant will not be allowed to
withdraw the complaint if such withdrawal would prejudice the interest of the
service and its ethical standards.
SEC. 12. Failure to file answer. - In case no answer is filed without any
justifiable cause, the respondent shall be deemed to have waived the right to
present evidence. The respondent may, however, be allowed to attend the
hearings and cross-examine adverse witnesses.
SEC. 13. Pre-hearing Conference. - Upon receipt of the answer, the CODI
shall call the parties to a pre-hearing conference to consider the following:
(a) stipulation of facts;
(b) simplification of issues;
(c) identification and marking of evidence;
(d) waiver of objections to admissibility of evidence;
(e) limitation of the number of witnesses;
(f) dates of subsequent hearings; and
(g) such other matters as may aid in the prompt and just disposition of the
complaint.
The parties may file position papers and thereafter submit the case for
disposition based on the result of the pre-hearing conference without any need
for further hearing.
SEC. 14. Formal Hearing. - The formal hearing shall be conducted by not
less than the majority of the members of the CODI present.
The CODI may order the exclusion from the hearing room of all persons
who do not have a direct interest in the case. The order may be made if the
CODI determines on the record that requiring a party or any witness to testify in
open court would not enhance the ascertainment of truth; would cause the
party or witness psychological harm or inability to effectively communicate due

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to embarrassment, fear or timidity; would violate the right of a party to privacy;
or would be offensive to decency or public morals.
No copy shall be taken nor any examination or perusal of the records of the
case or parts thereof be made by any person other than a party or counsel of a
party, except by order of the court.
SEC. 15. Preventive Suspension. - Upon motion of the complainant, or
motu proprio, the CODI may recommend to the proper court or authority the
preventive suspension of the respondent for a period of thirty days. It may also
recommend its extension.
An order of preventive suspension may be issued to temporarily remove the
respondent from the scene of the misfeasance or malfeasance and to preclude
the possibility of respondent’s exerting undue influence or pressure on the
witnesses or tampering of documentary evidence on file.
SEC. 16. Remedy of party from the order of preventive suspension or its
denial. - The aggrieved party may file a motion for reconsideration with the proper
court or authority within fifteen days from receipt of the order of preventive
suspension or its denial.
SEC. 17. Penalty. - In recommending the penalty to be imposed, the CODIs
shall consider the totality of the circumstances, including the following factors:
(a) nature or character of the act;
(b) frequency of occurrence of the act;
(c) abuse of authority;
(d) degree of moral influence or ascendancy;
(e) concealment of the act;
(f) effect on the victim, and
(g) other analogous factors
SEC. 18. Report and Recommendation. - Within twenty working days from
the termination of the hearing, the CODI shall submit to the proper court or
authority its report and recommendation with the complete record of the case
in the Supreme Court, a Division of the Court shall decide the case; however,
where the recommended penalty is dismissal from the service, suspension for
more than one year, or fine of more than twenty thousand pesos (P20,000.00),
the Court en banc shall decide the case.
In the Court of Appeals, Sandiganbayan and Court of Tax Appeals, a Division
shall decide the case within sixty days from the date of filing of the last pleading,
brief, or memorandum required by the court, regardless of the recommended
penalty, subject to review by the Supreme Court, in accordance with the
preceding paragraph.
In the lower courts, the Office of the Court Administrator shall decide the
case within sixty days from the date of filing of the last pleading, brief, or

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memorandum required by it, regardless of the recommended penalty, subject
to review by the Supreme Court, in accordance with the first paragraph herein.
SEC. 19. Effect of proceeding on civil and criminal liabilities. - The
proceedings taken under this Rule on the imposition of the appropriate penalty
shall not interrupt or bar any civil or criminal action which the complainant has
filed or may file against the respondent.
SEC. 20. Guidelines on Proper Work Decorum. - Members, officials and
employees of the Judiciary shall be guided on the matter of decorum by (a) the
Code of Conduct and Ethical Standards for Public Officials and Employees; (b)
the New Code of Judicial Conduct for the Philippine Judiciary; (c) the Code of
Professional Responsibility; (d) the Code of Conduct for Court Personnel, and
(e) other related issuances of the Court.
SEC. 21. Transitory Provision. - All administrative cases of sexual
harassment against officials and employees of the Judiciary filed after the
effectivity of this Rule shall be investigated by the newly-constituted CODIs.
Cases already filed before the effectivity of this Rule but not yet heard shall be
forwarded to the proper CODIs. Those already filed and undergoing hearings
before the effectivity of this Rule shall continue to be heard and shall thereafter
be decided by the court where the case has been filed and heard.
SEC. 22. Effectivity. - This Rule shall take effect on January 3, 2005 following
its publication in a newspaper of general circulation not later than December
20, 2004.
The Rule shall take effect on January 3, 2005 following its publication in a
newspaper of general circulation not later than December 20, 2004.
December 14, 2004.
(Sgd.) HILARIO G. DAVIDE, JR.
Chief Justice

(Sgd.) REYNATO S. PUNO (Sgd.) ARTEMIO V. PANGANIBAN

Associate Justice Associate Justice

(Sgd.) LEONARDO A. QUISUMBING (Sgd.) CONSUELO YNARES-SANTIAGO

Associate Justice Associate Justice

(Sgd.) ANGELINA SANDOVAL-GUTIERREZ (Sgd.) ANTONIO T. CARPIO

Associate Justice Associate Justice

(Sgd.) MA. ALICIA AUSTRIA-MARTINEZ (on leave) RENATO C. CORONA

Associate Justice Associate Justice

(Sgd.) CONCHITA CARPIO-MORALES (Sgd.) ROMEO J. CALLEJO, SR.

Associate Justice Associate Justice

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 (Sgd.) ADOLFO S. AZCUNA (Sgd.) DANTE O. TINGA
Associate Justice Associate Justice

(Sgd.) MINITA V. CHICO-NAZARIO (Sgd.) CANCIO C. GARCIA

Associate Justice Associate Justice

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Annex “G”

EN BANC

A.M. No. 02-8-13-SC

RESOLUTION

Acting on the compliance dated 05 July 2004 and on the proposed Rules on
Notarial Practice of 2004 submitted by the Sub-Committee for the Study, Drafting
and Formulation of the Rules Governing the Appointment of Notaries Public and
the Performance and Exercise of Their Official Functions, of the Committees
on Revision of the Rules of Court and on Legal Education and Bar Matters, the
Court Resolved to APPROVE the proposed Rules on Notarial Practice of 2004,
with modifications, thus:

2004 Rules on Notarial Practice

RULE I

IMPLEMENTATION

SECTION 1. Title. - These Rules shall be known as the 2004 Rules on

Notarial Practice.

SEC. 2. Purposes. - These Rules shall be applied and construed to advance

the following purposes:

(a) to promote, serve, and protect public interest;

(b) to simplify, clarify, and modernize the rules governing notaries public;
and

(c) to foster ethical conduct among notaries public.

SEC. 3. Interpretation. - Unless the context of these Rules otherwise

indicates, words in the singular include the plural, and words in the plural include
the singular.

RULE II

DEFINITIONS

SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act in which

an individual on a single occasion:

(a) appears in person before the notary public and presents an integrally
complete instrument or document;

(b) is attested to be personally known to the notary public or identified by the

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 notary public through competent evidence of identity as defined by these
Rules; and

(c) represents to the notary public that the signature on the instrument or
document was voluntarily affixed by him for the purposes stated in the
instrument or document, declares that he has executed the instrument
or document as his free and voluntary act and deed, and, if he acts in a
particular representative capacity, that he has the authority to sign in
that capacity.

SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath” refers to an

act in which an individual on a single occasion:

(a) appears in person before the notary public;

(b) is personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules; and

(c) avows under penalty of law to the whole truth of the contents of the
instrument or document.

SEC. 3. Commission. - “Commission” refers to the grant of authority to

perform notarial acts and to the written evidence of the authority.

SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial act in

which a notary public:

(a) is presented with an instrument or document that is neither a vital record,

a public record, nor publicly recordable;

(b) copies or supervises the copying of the instrument or document;

(c) compares the instrument or document with the copy; and

(d) determines that the copy is accurate and complete.

SEC. 5. Notarial Register. - “Notarial Register” refers to a permanently bound

book with numbered pages containing a chronological record of notarial acts
performed by a notary public.

SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a single

occasion:

(a) appears in person before the notary public and presents an instrument
or document;

(b) is personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules;

(c) signs the instrument or document in the presence of the notary; and

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 (d) takes an oath or affirmation before the notary public as to such instrument
or document.

SEC. 7. Notarial Act and Notarization. - “Notarial Act” and “Notarization”

refer to any act that a notary public is empowered to perform under these Rules.

SEC. 8. Notarial Certificate. - “Notarial Certificate” refers to the part of, or

attachment to, a notarized instrument or document that is completed by the
notary public, bears the notary’s signature and seal, and states the facts attested
to by the notary public in a particular notarization as provided for by these Rules.

SEC. 9. Notary Public and Notary. - “Notary Public” and “Notary” refer to
any person commissioned to perform official acts under these Rules.

SEC. 10. Principal. - “Principal” refers to a person appearing before the

notary public whose act is the subject of notarization.

SEC. 11. Regular Place of Work or Business. - The term “regular place of
work or business” refers to a stationary office in the city or province wherein the
notary public renders legal and notarial services.

SEC. 12. Competent Evidence of Identity. - The phrase “competent evidence

of identity” refers to the identification of an individual based on:

(a) at least one current identification document issued by an official agency

bearing the photograph and signature of the individual; or

(b) the oath or affirmation of one credible witness not privy to the instrument,
document or transaction who is personally known to the notary public
and who personally knows the individual, or of two credible witnesses
neither of whom is privy to the instrument, document or transaction who
each personally knows the individual and shows to the notary public
documentary identification.

SEC. 13. Official Seal or Seal. - “Official seal” or “Seal” refers to a device for
affixing a mark, image or impression on all papers officially signed by the notary
public conforming the requisites prescribed by these Rules.

SEC. 14. Signature Witnessing. -The term “signature witnessing” refers to

a notarial act in which an individual on a single occasion:

(a) appears in person before the notary public and presents an instrument
or document;

(b) is personally known to the notary public or identified by the notary public
through competent evidence of identity as defined by these Rules; and

(c) signs the instrument or document in the presence of the notary public.

SEC. 15. Court. - “Court” refers to the Supreme Court of the Philippines.
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 SEC. 16. Petitioner. - “Petitioner” refers to a person who applies for a notarial
commission.

SEC. 17. Office of the Court Administrator. - “Office of the Court Administrator”
refers to the Office of the Court Administrator of the Supreme Court.

SEC. 18. Executive Judge. - “Executive Judge” refers to the Executive Judge
of the Regional Trial Court of a city or province who issues a notarial commission.

SEC. 19. Vendor - “Vendor” under these Rules refers to a seller of a notarial
seal and shall include a wholesaler or retailer.

SEC. 20. Manufacturer. - “Manufacturer” under these Rules refers to one

who produces a notarial seal and shall include an engraver and seal maker.

RULE III

COMMISSIONING OF NOTARY PUBLIC

SECTION 1. Qualifications. - A notarial commission may be issued by an

Executive Judge to any qualified person who submits a petition in accordance
with these Rules.

To be eligible for commissioning as notary public, the petitioner:

(1) must be a citizen of the Philippines;

(2) must be over twenty-one (21) years of age;

(3) must be a resident in the Philippines for at least one (1) year and
maintains a regular place of work or business in the city or province
where the commission is to be issued;

(4) must be a member of the Philippine Bar in good standing with clearances
from the Office of the Bar Confidant of the Supreme Court and the
Integrated Bar of the Philippines; and

(5) must not have been convicted in the first instance of any crime involving
moral turpitude.

SEC. 2. Form of the Petition and Supporting Documents. - Every petition for
a notarial commission shall be in writing, verified, and shall include the following:

(a) a statement containing the petitioner’s personal qualifications, including

the petitioner’s date of birth, residence, telephone number, professional
tax receipt, roll of attorney’s number and IBP membership number; ,

(b) certification of good moral character of the petitioner by at least two (2)
executive officers of the local chapter of the Integrated Bar of the
Philippines where he is applying for commission;

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 (c) proof of payment for the filing of the petition as required by these Rules;
and

(d) three (3) passport-size color photographs with light background taken
within thirty (30) days of the application. The photograph should not be
retouched. The petitioner shall sign his name at the bottom part of the
photographs.

SEC. 3. Application Fee. - Every petitioner for a notarial commission shall

pay the application fee as prescribed in the Rules of Court.

SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall

conduct a summary hearing on the petition and shall grant the same if:

(a) the petition is sufficient in form and substance;

(b) the petitioner proves the allegations contained in the petition; and

(c) the petitioner establishes to the satisfaction of the Executive Judge that
he has read and fully understood these Rules.

The Executive Judge shall forthwith issue a commission and a Certificate

of Authorization to Purchase a Notarial Seal in favor of the petitioner.

SEC. 5. Notice of Summary Hearing. - (a) The notice of summary hearing

shall be published in a newspaper of general circulation in the city or province
where the hearing shall be conducted and posted in a conspicuous place in the
offices of the Executive Judge and of the Clerk of Court. The cost of the
publication shall be borne by the petitioner. The notice may include more than
one petitioner.

(b) The notice shall be substantially in the following form;

NOTICE OF HEARING

Notice is hereby given that a summary hearing on the petition for notarial
commission of (name of petitioner) shall be held on (date) at (place) at (time).
Any person who has any cause or reason to object to the grant of the petition
may file a verified written opposition thereto, received by the undersigned before
the date of the summary hearing.

______________
Executive Judge

SEC. 6. Opposition to Petition. - Any person who has any cause or reason
to object to the grant of the petition may file a verified written opposition thereto.
The opposition must be received by the Executive Judge before the date of the
summary hearing.

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 SEC. 7. Form of Notarial Commission. - The commissioning of a notary
public shall be in a formal order signed by the Executive Judge substantially in
the following form:

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF ______________

This is to certify that (name of notary public) of (regular place of work or

business) in (city or province) was on this (date) day of (month) two thousand
and (year) commissioned by the undersigned as a notary public, within and for
the said jurisdiction, for a term ending the thirty-first day of December (year)

_______________
Executive Judge

SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial

Seal. - The Certificate of Authorization to Purchase a Notarial Seal shall be valid
for a period of three (3) months from date of issue, unless extended by the
Executive Judge.

A mark, image or impression of the seal that may be purchased by the

notary public pursuant to the Certificate shall be presented to the Executive
Judge for approval prior to use.

SEC. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. -

The Certificate of Authorization to Purchase a Notarial Seal shall substantially
be in the following form:

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF_____________
CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL

This is to authorize (name of notary public) of (city or province) who was

commissioned by the undersigned as a notary public, within and for the said
jurisdiction, for a term ending, the thirty-first of December (year) to purchase a
notarial seal.

Issued this (day) of (month) (year).

_______________
Executive Judge

SEC. 10. Official Seal of Notary Public. - Every person commissioned as

notary public shall have only one official seal of office in accordance with these
Rules.

SEC. 11. Jurisdiction and Term. - A person commissioned as notary public

may perform notarial acts in any place within the territorial jurisdiction of the

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commissioning court for a period of two (2) years commencing the first day of
January of the year in which the commissioning is made, unless earlier revoked
or the notary public has resigned under these Rules and the Rules of Court.

SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and
maintain a Register of Notaries Public in his jurisdiction which shall contain,
among others, the dates of issuance or revocation or suspension of notarial
commissions, and the resignation or death of notaries public. The Executive
Judge shall furnish the Office of the Court Administrator information and data
recorded in the register of notaries public. The Office of the Court Administrator
shall keep a permanent, complete and updated database of such records.

SEC. 13. Renewal of Commission. - A notary public may file a written

application with the Executive Judge for the renewal of his commission within
forty-five (45) days before the expiration thereof. A mark, image or impression
of the seal of the notary public shall be attached to the application.

Failure to file said application will result in the deletion of the name of the
notary public in the register of notaries public.

The notary public thus removed from the Register of Notaries Public may
only be reinstated therein after he is issued a new commission in accordance
with these Rules.

SEC. 14. Action on Application for Renewal of Commission. - The Executive

Judge shall, upon payment of the application fee mentioned in Section 3 above
of this Rule, act on an application for the renewal of a commission within thirty
(30) days from receipt thereof. If the application is denied, the Executive Judge
shall state the reasons therefor.

RULE IV

POWERS AND LIMITATIONS OF NOTARIES PUBLIC

SECTION 1. Powers. - (a) A notary public is empowered to perform the

following notarial acts:

(1) acknowledgments;

(2) oaths and affirmations;

(3) jurats;

(4) signature witnessings;

(5) copy certifications; and

(6) any other act authorized by these Rules.

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 (b) A notary public is authorized to certify the affixing of a signature by thumb
or other mark on an instrument or document presented for notarization if:

(1) the thumb or other mark is affixed in the presence of the notary
public and of two (2) disinterested and unaffected witnesses to the
instrument or document;

(2) both witnesses sign their own names in addition to the thumb or
other mark;

(3) the notary public writes below the thumb or other mark: “Thumb or
Other Mark affixed by (name of signatory by mark) in the presence
of (names and addresses of witnesses) and undersigned notary
public”; and

(4) the notary public notarizes the signature by thumb or other mark
through an acknowledgment, jurat, or signature witnessing.

(c) A notary public is authorized to sign on behalf of a person who is physically

unable to sign or make a mark on an instrument or document if:

(1) the notary public is directed by the person unable to sign or make a
mark to sign on his behalf;

(2) the signature of the notary public is affixed in the presence of two
disinterested and unaffected witnesses to the instrument or
document;

(3) both witnesses sign their own names ;

(4) the notary public writes below his signature: “Signature affixed by
notary in presence of (names and addresses of person and two \2]
witnesses)”; and

(5) the notary public notarizes his signature by acknowledgment or jurat.

SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act
outside his regular place of work or business; provided, however, that on certain
exceptional occasions or situations, a notarial act may be performed at the
request of the parties in the following sites located within his territorial jurisdiction:

(1) public offices, convention halls, and similar places where oaths of
office may be administered;

(2) public function areas in hotels and similar places for the signing of
instruments or documents requiring notarization;

(3) hospitals and other medical institutions where a party to an instrument

or document is confined for treatment; and

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 (4) any place where a party to an instrument or document requiring
notarization is under detention.

(b) A person shall not perform a notarial act if the person involved as signatory
to the instrument or document -

(1) is not in the notary’s presence personally at the time of the notarization;
and

(2) is not personally known to the notary public or otherwise identified by

the notary public through competent evidence of identity as defined
by these Rules.

SEC. 3. Disqualifications. - A notary public is disqualified from performing a

notarial act if he:
(a) is a party to the instrument or document that is to be notarized;
(b) will receive, as a direct or indirect result, any commission, fee, advantage,
right, title, interest, cash, property, or other consideration, except as
provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or relative by
affinity or consanguinity of the principal within the fourth civil degree.
SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial
act described in these Rules for any person requesting such an act even if he
tenders the appropriate fee specified by these Rules if:
(a) the notary knows or has good reason to believe that the notarial act or
transaction is unlawful or immoral;
(b) the signatory shows a demeanor which engenders in the mind of the
notary public reasonable doubt as to the former’s knowledge of the
consequences of the transaction requiring a notarial act; and
(c) in the notary’s judgment, the signatory is not acting of his or her own
free will.
SEC. 5. False or Incomplete Certificate. - A notary public shall not:
(a) execute a certificate containing information known or believed by the
notary to be false.
(b) affix an official signature or seal on a notarial certificate that is incomplete.
SEC. 6. Improper Instruments or Documents. - A notary public shall not
notarize:
(a) a blank or incomplete instrument or document; or
(b) an instrument or document without appropriate notarial certification.

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 RULE V
FEES OF NOTARY PUBLIC

SECTION 1. Imposition and Waiver of Fees. - For performing a notarial act,

a notary public may charge the maximum fee as prescribed by the Supreme
Court unless he waives the fee in whole or in part.

SEC. 2. Travel Fees and Expenses. - A notary public may charge travel
fees and expenses separate and apart from the notarial fees prescribed in the
preceding section when traveling to perform a notarial act if the notary public
and the person requesting the notarial act agree prior to the travel.

SEC. 3. Prohibited Fees. - No fee or compensation of any kind, except

those expressly prescribed and allowed herein, shall be collected or received
for any notarial service.

SEC. 4. Payment or Refund of Fees. - A notary public shall not require

payment of any fees specified herein prior to the performance of a notarial act
unless otherwise agreed upon.

Any travel fees and expenses paid to a notary public prior to the performance
of a notarial act are not subject to refund if the notary public had already traveled
but failed to complete in whole or in part the notarial act for reasons beyond his
control and without negligence on his part.

SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial
services shall issue a receipt registered with the Bureau of Internal Revenue
and keep a journal of notarial fees. He shall enter in the journal all fees charged
for services rendered.

A notary public shall post in a conspicuous place in his office a complete

schedule of chargeable notarial fees.

RULE VI

NOTARIAL REGISTER

SECTION 1. Form of Notarial Register. - (a) A notary public shall keep,

maintain, protect and provide for lawful inspection as provided in these Rules, a
chronological official notarial register of notarial acts consisting of a permanently
bound book with numbered pages.

The register shall be kept in books to be furnished by the Solicitor General

to any notary public upon request and upon payment of the cost thereof. The
register shall be duly paged, and on the first page, the Solicitor General shall
certify the number of pages of which the book consists.

For purposes of this provision, a Memorandum of Agreement or

Understanding may be entered into by the Office of the Solicitor General and

136
the Office of the Court Administrator.

(b) A notary/ public shall keep only one active notarial register at any given
time.

SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the
notary shall record in the notarial register at the time of notarization the following:

(1) the entry number and page number;

(2) the date and time of day of the notarial act;

(3) the type of notarial act;

(4) the title or description of the instrument, document or proceeding;

(5) the name and address of each principal;

(6) the competent evidence of identity as defined by these Rules if the

signatory is not personally known to the notary;

(7) the name and address of each credible witness swearing to or

affirming the person’s identity;

(8) the fee charged for the notarial act;

(9) the address where the notarization was performed if not in the notary’s
regular place of work or business; and

(10)any other circumstance the notary public may deem of significance

or relevance.

(b) A notary public shall record in the notarial register the reasons and
circumstances for not completing a notarial act.

(c) A notary public shall record in the notarial register the circumstances of
any request to inspect or copy an entry in the notarial register, including
the requester’s name, address, signature, thumbmark or other
recognized identifier, and evidence of identity. The reasons for refusal to
allow inspection or copying of a journal entry shall also be recorded.

(d) When the instrument or document is a contract, the notary public shall
keep an original copy thereof as part of his records and enter in said
records a brief description of the substance thereof and shall give to
each entry a consecutive number, beginning with number one in each
calendar year. He shall also retain a duplicate original copy for the Clerk
of Court.

(e) The notary public shall give to each instrument or document executed,
sworn to, or acknowledged before him a number corresponding to the

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 one in his register, and shall also state on the instrument or document
the page/s of his register on which the same is recorded. No blank line
shall be left between entries.

(f) In case of a protest of any draft, bill of exchange or promissory note, the
notary public shall make a full and true record of all proceedings in relation
thereto and shall note therein whether the demand for the sum of money
was made, by whom, when, and where; whether he presented such
draft, bill or note; whether notices were given, to whom and in what
manner; where the same was made, when and to whom and where
directed; and of every other fact touching the same.

(g) At the end of each week, the notary public shall certify in his notarial
register the number of instruments or documents executed, sworn to,
acknowledged, or protested before him; or if none, this certificate shall
show this fact.

(h) A certified copy of each month’s entries and a duplicate original copy of
any instrument acknowledged before the notary public shall, within the
first ten (10) days of the month following, be forwarded to the Clerk of
Court and shall be under the responsibility of such officer. If there is no
entry to certify for the month, the notary shall forward a statement to this
effect in lieu of certified copies herein required.

SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the

notary’s notarial register shall be signed or a thumb or other mark affixed by
each:

(a) principal;

(b) credible witness swearing or affirming to the identity of a principal; and

(c) witness to a signature by thumb or other mark, or to a signing by the

notary public on behalf of a person physically unable to sign.

SEC. 4. Inspection, Copying and Disposal. - (a) In the notary’s presence,

any person may inspect an entry in the notarial register, during regular business
hours, provided;

(1) the person’s identity is personally known to the notary public or proven
through competent evidence of identity as defined in these Rules;

(2) the person affixes a signature and thumb or other mark or other
recognized identifier, in the notarial .register in a separate, dated
entry;

(3) the person specifies the month, year, type of instrument or document,
and name of the principal in the notarial act or acts sought; and

(4) the person is shown only the entry or entries specified by him.
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 (b) The notarial register may be examined by a law enforcement officer in
the course of an official investigation or by virtue of a court order.

(c) If the notary public has a reasonable ground to believe that a person has
a criminal intent or wrongful motive in requesting information from the
notarial register, the notary shall deny access to any entry or entries
therein.

SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In case the

notarial register is stolen, lost, destroyed, damaged, or otherwise rendered
unusable or illegible as a record of notarial acts, the notary public shall, within
ten (10) days after informing the appropriate law enforcement agency in the
case of theft or vandalism, notify the Executive Judge by any means providing a
proper receipt or acknowledgment, including registered mail and also provide a
copy or number of any pertinent police report.

(b) Upon revocation or expiration of a notarial commission, or death of the

notary public, the notarial register and notarial records shall immediately
be delivered to the office of the Executive Judge.

SEC. 6. Issuance of Certified True Copies. - The notary public shall supply
a certified true copy of the notarial record, or any part thereof, to any person
applying for such copy upon payment of the legal fees.

RULE VII

SIGNATURE AND SEAL OF NOTARY PUBLIC

SECTION 1. Official Signature. - In notarizing a paper instrument or

document, a notary public shall:

(a) sign by hand on the notarial certificate only the name indicated and as
appearing on the notary’s commission;

(b) not sign using a facsimile stamp or printing device; and

(c) affix his official signature only at the time the notarial act is performed.

SEC. 2. Official Seal. - (a) Every person commissioned as notary public

shall have a seal of office, to be procured at his own expense, which shall not
be possessed or owned by any other person. It shall be of metal, circular in
shape, two inches in diameter, and shall have the name of the city or province
and the word “Philippines” and his own name on the margin and the roll of
attorney’s number on the face thereof, with the words “notary public” across
the center. A mark, image or impression of such seal shall be made directly on
the paper or parchment on which the writing appears.

(b) The official seal shall be affixed only at the time the notarial act is
performed and shall be clearly impressed by the notary public on every
page of the instrument or document notarized.
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 (c) When not in use, the official seal shall be kept safe and secure and shall
be accessible only to the notary public or the person duly authorized by
him.

(d) Within five (5) days after the official seal of a notary public is stolen, lost,
damaged or other otherwise rendered unserviceable in affixing a legible
image, the notary public, after informing the appropriate law enforcement
agency, shall notify the Executive Judge in writing, providing proper
receipt or acknowledgment, including registered mail, and in the event
of a crime committed, provide a copy or entry number of the appropriate
police record. Upon receipt of such notice, if found in order by the
Executive Judge, the latter shall order the notary public to cause notice
of such loss or damage to be published, once a week for three (3)
consecutive weeks, in a newspaper of general circulation in the city or
province where the notary public is commissioned. Thereafter, the
Executive Judge shall issue to the notary public a new Certificate of
Authorization to Purchase a Notarial Seal.

(e) Within five (5) days after the death or resignation of the notary public, or
the revocation or expiration of a notarial commission, the official seal
shall be surrendered to the Executive Judge and shall be destroyed or
defaced in public during office hours. In the event that the missing, lost
or damaged seal is later found or surrendered, it shall be delivered by
the notary public to the Executive Judge to be disposed of in accordance
with this section. Failure to effect such surrender shall constitute
contempt of court. In the event of death of the notary public, the person
in possession of the official seal shall have the duty to surrender it to the
Executive Judge.

SEC. 3. Seal Image. - The notary public shall affix a single, clear, legible,
permanent, and photographically reproducible mark, image or impression of
the official seal beside his signature on the notarial certificate of a paper
instrument or document.

SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of

notarial seals may not sell said product without a written authorization from the
Executive Judge.

(b) Upon written application and after payment of the application fee, the
Executive Judge may issue an authorization to sell to a vendor or
manufacturer of notarial seals after verification and investigation of the
latter’s qualifications. The Executive Judge shall charge an authorization
fee in the amount of Php 4,000 for the vendor and Php 8,000 for the
manufacturer. If a manufacturer is also a vendor, he shall only pay the
manufacturer’s authorization fee.

(c) The authorization shall be in effect for a period of four (4) years from the
date of its issuance and may be renewed by the Executive Judge for a
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 similar period upon payment of the authorization fee mentioned in the
preceding paragraph.

(d) A vendor or manufacturer shall not sell a seal to a buyer except upon
submission of a certified copy of the commission and the Certificate of
Authorization to Purchase a Notarial Seal issued by the Executive Judge.
A notary public obtaining a new seal as a result of change of name shall
present to the vendor or manufacturer a certified copy of the Confirmation
of the Change of Name issued by the Executive Judge.

(e) Only one seal may be sold by a vendor or manufacturer for each
Certificate of Authorization to Purchase a Notarial Seal,

(f) After the sale, the vendor or manufacturer shall affix a mark, image or
impression of the seal to the Certificate of Authorization to Purchase a
Notarial Seal and submit the completed Certificate to the Executive Judge.
Copies of the Certificate of Authorization to Purchase a Notarial Seal
and the buyer’s commission shall be kept in the files of the vendor or
manufacturer for four (4) years after the sale.

(g) A notary public obtaining a new seal as a result of change of name shall
present to the vendor a certified copy of the order confirming the change
of name issued by the Executive Judge.

RULE VIII

NOTARIAL CERTIFICATES

SECTION 1. Form of Notarial Certificate. - The notarial form used for any
notarial instrument or document shall conform to all the requisites prescribed
herein, the Rules of Court and all other provisions of issuances by the Supreme
Court and in applicable laws.

SEC. 2. Contents of the Concluding Part of the Notarial Certificate. - The

notarial certificate shall include the following:

(a) the name of the notary public as exactly indicated in the commission;

(b) the serial number of the commission of the notary public;

(c) the words “Notary Public” and the province or city where the notary public
is commissioned, the expiration date of the commission, the office
address of the notary public; and

(d) the roll of attorney’s number, the professional tax receipt number and
the place and date of issuance thereof, and the IBP membership number.

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RULE IX

CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC

SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of authority

evidencing the authenticity of the official seal and signature of a notary public
shall be issued by the Executive Judge upon request in substantially the following
form:

CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT

I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary
public), the person named in the seal and signature on the attached document,
is a Notary Public in and for the (City/Municipality/Province) of the Republic of
the Philippines and authorized to act as such at the time of the document’s
notarization.

IN WITNESS WHEREOF, I have affixed below my signature and seal of this

office this (date) day of (month) (year).

_________________
(official signature)
(seal of Executive Judge)
RULE X

CHANGES OF STATUS OF NOTARY PUBLIC

SECTION 1. Change of Name and Address.

Within ten (10) days after the change of name of the notary public by court
order or by marriage, or after ceasing to maintain the regular place of work or
business, the notary public shall submit a signed and dated notice of such fact
to the Executive Judge.

The notary public shall not notarize until:

(a) he receives from the Executive Judge a confirmation of the new name
of the notary public and/or change of regular place of work or business;
and

(b) a new seal bearing the new name has been obtained.

The foregoing notwithstanding, until the aforementioned steps have been

completed, the notary public may continue to use the former name or regular
place of work or business in performing notarial acts for three (3) months from
the date of the change, which may be extended once for valid and just cause by
the Executive Judge for another period not exceeding three (3) months.

SEC. 2. Resignation. - A notary public may resign his commission by

personally submitting a written, dated and signed formal notice to the Executive
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Judge together with his notarial seal, notarial register and records. Effective
from the date indicated in the notice, he shall immediately cease to perform
notarial acts. In the event of his incapacity to personally appear, the submission
of the notice may be performed by his duly authorized representative.

SEC. 3. Publication of Resignation. - The Executive Judge shall immediately

order the Clerk of Court to post in a conspicuous place in the offices of the
Executive Judge and of the Clerk of Court the names of notaries public who
have resigned their notarial commissions and the effective dates of their
resignation.

RULE XI

REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS

SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive

Judge shall revoke a notarial commission for any ground on which an application
for a commission may be denied.

(b) In addition, the Executive Judge may revoke the commission of, or
impose appropriate administrative sanctions upon, any notary public
who:

(1) fails to keep a notarial register;

(2) fails to make the proper entry or entries in his notarial register
concerning his notarial acts;

(3) fails to send the copy of the entries to the Executive Judge within
the first ten (10) days of the month following;

(4) fails to affix to acknowledgments the date of expiration of his

commission;

(5) fails to submit his notarial register, when filled, to the Executive
Judge;

(6) fails to make his report, within a reasonable time, to the Executive
Judge concerning the performance of his duties, as may be required
by the judge;

(7) fails to require the presence of a principal at the time of the notarial
act;

(8) fails to identify a principal on the basis of personal knowledge or

competent evidence;

(9) executes a false or incomplete certificate under Section 5, Rule IV;

143
 (10) knowingly performs or fails to perform any other act prohibited or
mandated by these Rules; and

(11) commits any other dereliction or act which in the judgment of the
Executive Judge constitutes good cause for revocation of
commission or imposition of administrative sanction.

(c) Upon verified complaint by an interested, affected or aggrieved person,

the notary public shall be required to file a verified answer to the complaint

If the answer of the notary public is not satisfactory, the Executive Judge
shall conduct a summary hearing. If the allegations of the complaint are not
proven, the complaint shall be dismissed. If the charges are duly established,
the Executive Judge shall impose the appropriate administrative sanctions.
In either case, the aggrieved party may appeal the decision to the Supreme
Court for review. Pending the appeal, an order imposing disciplinary sanctions
shall be immediately executory, unless otherwise ordered by the Supreme
Court.

(d) The Executive Judge may motu proprio initiate administrative proceedings
against a notary public, subject to the procedures prescribed in paragraph
(c) above and impose the appropriate administrative sanctions on the
grounds mentioned in the preceding paragraphs (a) and (b).

SEC. 2. Supervision and Monitoring of Notaries Public. - The Executive

Judge shall at all times exercise supervision over notaries public and shall closely
monitor their activities.

SEC. 3. Publication of Revocations and Administrative Sanctions. - The

Executive Judge shall immediately order the Clerk of Court to post in a
conspicuous place in the offices of the Executive Judge and of the Clerk of
Court the names of notaries public who have been administratively sanctioned
or whose notarial commissions have been revoked.

SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling the
obligations in Section 4(e), Rule VI and Section 2(e), Rule VII, the Executive
Judge, upon being notified of such death, shall forthwith cause compliance with
the provisions of these sections.

RULE XII

SPECIAL PROVISIONS

SECTION 1. Punishable Acts. - The Executive Judge shall cause the

prosecution of any person who:

(a) knowingly acts or otherwise impersonates a notary public;

(b) knowingly obtains, conceals, defaces, or destroys the seal, notarial

register, or official records of a notary public; and
144
 (c) knowingly solicits, coerces, or in any way influences a notary public to
commit official misconduct.

SEC 2. Reports to the Supreme Court. - The Executive Judge concerned

shall submit semestral reports to the Supreme Court on discipline and
prosecution of notaries public.

RULE XIII

REPEALING AND EFFECTIVITY PROVISIONS

SECTION 1. Repeal. - All rules and parts of rules, including issuances of

the Supreme Court inconsistent herewith, are hereby repealed or accordingly
modified.

SEC. 2. Effective Date. - These Rules shall take effect on the first day of
August 2004, and shall be published in a newspaper of general circulation in the
Philippines which provides sufficiently wide circulation.

Promulgated this 6th day of July, 2004.

(Sgd.) Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago,

Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo,
Sr., Azcuna and Tinga, JJ.

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Annex “G-1”

EN BANC RESOLUTION
A.M. NO. 02-8-13-SC
Re: 2004 RULES ON NOTARIAL PRACTICE
The Court Resolved to
xx x
(d) NOTE the Letter dated 13 December 2004 of Court Administrator Velasco,
Jr., forwarding the draft Memorandum of Agreement between the Office of the
Court Administrator and the Office of the Solicitor General on the printing of
Notarial Registers; and
(e) NOTE and APPROVE the aforesaid draft Memorandum of Agreement,
to wit:

MEMORANDUM OF AGREEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
This Memorandum of Agreement jointly formulated and entered into by and
between:
The Office of the Court Administrator, represented herein by the Honorable
Presbitero J. Velasco, Jr., the Court Administrator, hereinafter referred to as the
OCA;
and –
The Office of the Solicitor General, represented herein by the Honorable Alfredo
L. Benipayo, the Solicitor General, hereinafter referred to as the OSG;
WITNESSETH THAT:
WHEREAS, the OCA was created as an office in the Supreme Court to
assist the Court in the exercise of its power of administrative supervision as
provided under Section 6, Article VIII of the Constitution;
WHEREAS, the Supreme Court has issued the 2004 Rules on Notarial
Practice and pursuant thereto has authorized the OCA to enter into a
Memorandum of Agreement with the OSG for the effective and efficient
implementation of said Rules particularly Rule VI thereof;
WHEREAS, pursuant to said Rule VI, the National Register shall be kept in
books to be furnished by the Solicitor General and that said register shall be
duly paged, and on the first page, the Solicitor General shall certify the number
of pages of each book;

146
 WHEREAS, the Supreme Court has adequate facilities for the printing of
said notarial registers and the OCA, which has under its administrative
supervision all courts and the personnel as provided in Section 6, Article VIII of
the Constitution, can more expeditiously and conveniently furnish the notarial
registers to any notary public all over the country.
NOW, THEREFORE, the OCA and the OSG have formulated and mutually
agreed as follows:
(1) The Notarial Books shall henceforth be printed by the Supreme Court
Printing Office or any other printing press authorized by it.
(2) The OSG hereby delegates to the OCA its responsibility with respect to
the printing and distribution of the notarial books as prescribed under Rule VI of
the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) and the Court
Administrator shall henceforth ensure that Notarial Registers shall be duly paged
and shall certify the number of pages in each book.
(3) The OCA shall then be responsible for distributing the same to the
Executive Judges all over the country who in turn will make the same available
to any notary public upon request and upon payment of the cost thereof.
(4) The parties shall determine the price of the Notarial Book and shall remit
to the OSG on a quarterly basis ten percent (10%) thereof as the latter’s share
out of the sale of said registers.
IN WITNESS WHEREOF, the parties thru their respective representatives
have affixed their signatures hereon this ____ day of ________ 2005.

(Sgd.) Hon. ALFREDO L. BENIPAYO

Solicitor General

(Sgd.) Hon. PRESBITERO J. VELASCO, JR.

Court Administrator

147
Annex “H”

EN BANC RESOLUTION
A.M. No. 01-1-07-SC
Guidelines in the Accreditation of Newspapers and Periodicals
and in the Distribution of Legal Notices and Advertisements for
Publication
GUIDELINES IN THE ACCREDITATION OF NEWSPAPERS AND
PERIODICALS SEEKING TO PUBLISH JUDICIAL AND LEGAL
NOTICES AND OTHER SIMILAR ANNOUNCEMENTS AND IN
THE RAFFLE THEREOF
The concern has been expressed by various sectors that despite circulars
and other issuances of the Supreme Court, there remain variances in the
application and implementation by the Executive Judges of the Regional Trial
Courts of the provisions of Presidential Decree No. 1079 (Revising and
Consolidating All Laws and Decrees Regulating the Publication of Judicial
Notices, Advertisements for Public Biddings, Notices of Auction Sales and Other
Similar Notices). To ensure uniform compliance with the said law and to protect
the interests of the public, in general, and of the litigants, in particular, the following
guidelines are set forth for all concerned:
I. Accreditation
SECTION 1. Scope of application.– These Guidelines apply only in cases
where judicial or legal notices are to be published in newspapers or periodicals
that are of general circulation in a particular province or city.
Publication of notices for national dissemination may be published in
newspapers or periodicals with national circulation without need of accreditation.
SEC. 2. Requirement of accreditation.– Only accredited newspapers or
periodicals may publish judicial or legal notices.
SEC. 3. Application for accreditation.– A verified application for accreditation
may be filed with the office of the Executive Judge of the Regional Trial Court
having administrative supervision over the courts whose orders are to be
published.
(a) The application shall include complete and accurate information on the
following:
(1) Title of the publication;
(2) Name of the publisher;
(3) Name of the editor-in-chief;
(4) Frequency of publication;

148
 (5) Address, telephone number and fax machine number (if any), of the
principal office;
(6) Total number of copies printed (as of the date of application for
accreditation); and
(7) Month, date and year of first issue.
(b) A newspaper or periodical has its principal office in the address registered
with the Securities and Exchange Commission or with the Department
of Trade and Industry.
(c) A newspaper or periodical which has its principal office in any of the
cities or municipalities in a province may be accredited by any one or all
of the Regional Trial Court Executive Judges in the province, provided
that all requisites for accreditation are complied with.
A newspaper or periodical which has its principal office in any of the
cities or municipalities in the National Capital Judicial Region may be
accredited by any one or all of the Regional Trial Court Executive Judges
therein, provided that it satisfies all the requirements for accreditation.
(d) The application for accreditation shall include statements on the following:
(1) That the applicant is duly registered as a newspaper or periodical;
(2) That the newspaper or periodical is edited, published and circulated
in the province or city where accreditation is sought;
(3) That the newspaper or periodical has been regularly published for at
least one (1) year before the date of the application of accreditation;
(4) That the newspaper or periodical is not participating in the raffle of
legal and judicial notices in other provinces and/or cities;
(5) Whether or not the newspaper or periodical carries commercial
display advertising. If the newspaper or periodical carries such
advertising, the applicant should submit a copy of the publication’s
current contract form showing its commercial display advertising
rates; and
(6) That the newspaper or periodical does not merely reproduce or reprint
news pages of other newspapers or periodicals within the region of
the province or city of the Regional Trial Court involved.
(e) The application for accreditation shall be accompanied by the following:
(1) Three (3) sample copies of the newspaper’s or periodical’s printed
format for legal and judicial notices following the requisites prescribed
by Section 4 of P. D. No. 1079, to wit:
(a) Font size eight (8) points for the text or less, and not more than
ten (10) points for the heading;

149
 (b) Column width – more but not less than nine (9) cms; and
(c) Line spacing for text and heading – normal single-space.
(2) Copy of an issue of the newspaper containing commercial
advertisement published in the last twelve (12) months;
(3) Certified true copy of a contract or insertion order or invoice describing
the size and rate of the advertisement; and
(4) Certified true copy of a newspaper’s official receipt showing payment
per contracted advertising rate.
SEC. 4. Application fees.– A fee shall be collected in an amount to be fixed
by the Office of the Court Administrator for every application for accreditation
filed with the Regional Trial Court.
SEC. 5. Non-compliance with requirements.– Any application for
accreditation that fails to comply with any of the requirements prescribed by the
preceding provisions shall be denied without further evaluation.
SEC. 6. Evaluation and approval of applications.– An application for
accreditation shall be evaluated and approved by the Executive Judge of the
Regional Trial Court having administrative supervision over the courts whose
orders are to be published, taking into consideration the following criteria:
(a) The applicant is duly registered as a newspaper or periodical;
(b) The applicant must have its principal office in and must be of general
circulation in the city and/or province where it seeks accreditation;
A newspaper or periodical is of general circulation if it is published for
the dissemination of local news and general information (not for a limited
interest group); it has a bona fide subscription list of paying subscribers;
and it is published at regular intervals. (Fortune Motors (Phils.), Inc. vs.
Metropolitan Bank and Trust Co., et al., G. R. No. 115068, November 28,
1996, 265 SCRA 72)
(c) The newspaper or periodical must have been regularly published for at
least one (1) year before the date of the application; and, after
accreditation, before the date of each and every raffle participated in by
the accredited publication.
A newspaper or periodical is regularly published if it comes out with 365
or 52 issues for those issued daily or weekly, respectively.
(d) The newspaper or periodical must not merely reproduce or reprint news
pages of other newspapers or periodicals within the region of the province
or city of the Regional Trial Court involved.
SEC. 7. Absence of qualified newspapers or periodicals.– In the event that
there is no newspaper or periodical qualified to be accredited in the station of

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the Regional Trial Court, the qualified publication in the nearest city or province
may be accredited.
SEC. 8. Period of validity of accreditation.– The accreditation shall be valid
for a period of five (5) years from date of approval of the application for
accreditation. During the five-year period, however, the accreditation may be
suspended or revoked in accordance with section 16 of these Guidelines.
SEC. 9. Posting of names of accredited newspaper or publication.– The
Executive Judge shall cause the posting of the names of the accredited
newspaper or publication, the amount they charge per column inch and a sample
of the maximum font and minimum column width prescribed by law in three (3)
conspicuous places in the courthouse or Hall of Justice building.
II. Raffle
SEC. 10. Requirement of raffle.– All notices, announcements and
advertisements subject hereof shall be distributed for publication to accredited
newspapers or periodicals by raffle. No such notices, announcements and
advertisements may be assigned for publication without being raffled.
The raffle of judicial or legal notices for publication shall be included in the
regular raffle of cases, provided that special raffles may be conducted for notices
that need to be published before the regular raffle could be conducted.
The posting of judicial notices for publication, the raffle procedure and the
publication of the results thereof shall be conducted in the same manner as the
raffle of cases as provided in the Manual for Clerks of Court. All accredited
newspapers or periodicals shall as much as possible be assigned an equal
number of notices to publish but the same must be done thru raffle.
SEC. 11. Directive to the branch clerk of court.– Orders issued by judges
in cases that require publication of any notice or notices shall include a directive
to the Branch Clerk of Court instructing the latter to furnish the Office of the
Clerk of Court with a copy of the order so that such notice may be published in
accordance with the provisions of P. D. No. 1079.
SEC. 12. When raffle not necessary.– The distribution by raffle of notices,
announcements and advertisements for publication shall be dispensed with in
case there is only one accredited newspaper or periodical in a particular province,
city or municipality.
III. Rates of Publication
SEC. 13. Rates of publication charges.– Newspapers or periodicals whose
regular commercial rates are lower than ten (P10) pesos per column inch shall
not charge below ten (P10) pesos per column inch of the notices, announcements
and advertisements. In case of newspapers or periodicals that do not carry
commercial display advertising, the rate for the publication of notices,
announcements and advertisements shall be fixed at ten (P10) pesos per column

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inch. Newspapers or periodicals may only charge more than ten (P10) pesos
up to eighty (80%) percent of their regular commercial display advertising rates
when there is proper and adequate proof that the rate claimed is the regular
commercial advertising rate.
SEC. 14. Determination of rates of publication charges.– The Executive
Judge shall determine the allowable rates as mentioned in the preceding Section,
using as basis the contracts and proofs of payment submitted by the publishers.
IV. Font Sizes and Column Width
SEC. 15. Samples of font sizes and column width – The Office of the Court
Administrator shall issue the appropriate order indicating the samples of the
maximum font sizes and minimum column width for notices, announcements
and advertisements.
V. Revocation of Accreditation
SEC. 16. When accreditation may be suspended or revoked.- The
Executive Judge may suspend or revoke the accreditation of a newspaper or
periodical when it is established in a summary hearing that the said newspaper
or periodical no longer complies with the requirements for an accredited
newspaper or periodical as prescribed herein or has violated any of the
provisions of P. D. No. 1079.
VI. APPEAL
SEC. 17. Appeal to the Office of the Court Administrator.– Appeals in the
grant and denial of accreditation or in the suspension or revocation of
accreditation may be brought before the Office of the Court Administrator by the
aggrieved party. The decision of the Court Administrator shall be final.
The Guidelines prescribed in this Resolution shall take effect on November
7, 2001 after fifteen (15) days following its publication in two (2) newspapers of
general circulation.
Promulgated this 16th day of October, 2001.

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Annex “I”

OCA CIRCULAR NO. 78-2005

TO : ALL EXECUTIVE JUDGES AND CLERKS OF COURT
SUBJECT: EN BANC RESOLUTION A.M. NO. 01-1-07-SC

PRESCRIBING THE GUIDELINES IN THE

ACCREDITATION OF NEWSPAPERS AND PERIODICALS
SEEKING TO PUBLISH JUDICIAL AND LEGAL NOTICES
AND OTHER SIMILAR ANNOUNCEMENTS AND IN THE
RAFFLE THEREOF
The Office of the Court Administrator has been receiving numerous
anonymous letters that there are still some Clerks of Court who are not complying
with En Banc Resolution A.M. NO. 01-1-07-SC dated 16 October 2001,
particularly under Section 10 of the said resolution, that is:
“SEC. 10. Requirement of raffle.- All notices, announcements and
advertisements subject hereof shall be distributed for publication to accredited
newspapers or periodicals by raffle. No such notices, announcements and
advertisements may be assigned for publication without being raffled.
The raffle of judicial or legal notices for publication shall be included
in the regular raffle of cases, provided that special raffles may be conducted
for notices that need to be published before the regular raffle could be conducted.
The posting of judicial notices for publication, the raffle procedure and the
publication of the results thereof shall be conducted in the same manner as the
raffle of cases as provided in the Manual for Clerks of Court. All accredited
newspapers or periodicals shall as much as possible be assigned an equal
number of notice to publish but the same must be done thru raffle.” (Emphasis
supplied.)
Considering the importance of the publications of judicial notices and other
similar announcement, it is incumbent upon the judiciary to implement
regulations to see to it that the conduct of the same including the raffle thereof
should therefore be protected and guarded against from any attempt of scheming
parties to manipulate its conduct and implementation.
With this in mind, our Supreme Court has issued circulars and other
issuances regulating the publication of judicial notices, advertisement for public
biddings, notices of auction sales and other similar notices to ensure uniform
compliance and to protect the interest of the public, in general, and of litigants,
in particular.

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 For that matter, all Executive Judges and Clerks of Court are again reminded
to take special attention to En Bank Resolution A.M. No. 01-1-07-SC dated 16
October 2001, prescribing the Guidelines in the Accreditation of Newspapers
and Periodicals seeking to Publish Judicial and Legal Notices and Other Similar
Announcements and in the Raffle thereof.
STRICT COMPLIANCE HEREWITH IS HEREBY ENJOINED.
29 July 2005.

(Sgd.) PRESBITERO J. VELASCO, JR.

Court Administrator

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Annex “J”

EN BANC RESOLUTION
A.M. No. 04-7-02-SC
Guidelines on Corporate Surety Bonds
To institute a systematic procedure in the issuance of Certificates of
Accreditation and Authority to surety companies, ensure the efficient and effective
collection of liabilities under surety bonds and expedite the administration of
justice, these guidelines are hereby issued for the compliance of all concerned.
I. AUTHORITY OF THE OFFICE OF THE COURT ADMINISTRATOR
Under Presidential Decree 828, as amended by P.D. 842, and Supreme
Court Resolution dated October 24, 1996, the Office of the Court Administrator
(OCA) assists the Supreme Court in exercising administrative supervision over
all lower courts, specifically on administrative matters, court management
problems, fiscal operations and legal concerns involving the lower courts.
Corollary to its functions, the OCA is designated as the implementing arm of
the Court in the enforcement of the policies and procedure on surety bonds.
II. ACCREDITATION OF SURETY COMPANIES
In order to preclude spurious and delinquent surety companies from
transacting business with the courts, no surety company or its authorized agents
shall be allowed to transact business involving surety bonds with the Supreme
Court, Court of Appeals, the Court of Tax Appeals, the Sandiganbayan, Regional
Trial Courts, Shari’a District Courts, Metropolitan Trial Courts, Municipal Trial
Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, Shari’a
Circuit Courts and other courts which may thereafter be created, unless
accredited and authorized by the Office of the Court Administrator.
A. Procedure for Accreditation
The surety company shall file five (5) verified copies of the application
for accreditation with the Docket and Clearance Division, Legal Office, OCA.
The surety company shall indicate in said application the province/s and/or
city/ies where it intends to transact surety business and whether said
business involves civil/special proceedings and/or criminal cases. The surety
company shall file a separate application for accreditation for criminal (SB
Form No. 01-2004, Annex “A”) and civil/special proceedings cases (SB Form
No. 02-2004, Annex “A-1”).
The following documents shall be attached to the application form:
A.1 Certified copy of the Articles of Incorporation and By-laws;

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A.2. Certified copy of the latest General Information Sheet submitted to
the Securities and Exchange Commission;
A.3. Secretary Certificate showing the surety company’s authorized
signatories and their specimen signatures;
A.4. Certified copy of the Authority To Transact Surety Business upon
official recognizance, stipulations, bonds and undertakings issued
by the Office of the Executive Secretary under the Office of the
President;
A.5. Certified copy of the current Certificate of Authority from the Insurance
Commission;
A.6. Certified copy of latest Statement of Assets and Liabilities, and audited
Financial Statements filed with the Bureau of Internal Revenue;
A.7. Sworn Statement relative to outstanding obligations with the courts,
signed by the President and Treasurer, specifying the details as to:
(a) Case Number, (b) Case Title, (c) Amounts due the courts, and
attaching thereto pertinent documents such as Order of Forfeiture,
etc.
A.8. Clearance certificates from all offices of the Clerks of Court
(Executive Clerks of Court, Office of the Clerks of Court and Branch
Clerks of Court) where the surety company intends to transact
business or where it had transacted business before the approval of
this guideline showing that the applicant has no outstanding obligation
pertaining to forfeited bonds; and
A.9. Verified summary of transactions with the courts for the previous
year. (SB Form No. 03-2004, Annex “A-2”)
For the authorized agents of the insurance companies, the following
additional documents shall be submitted:
A.10. Joint Deed of Undertaking (SB Form No. 04-2004, Annex “A-3”);
A.11. Board Resolution issued by the surety company granting authority
to its agent/s and acknowledging joint and solidary liability for all their
acts and transactions with the Court;
A.12. Personal Information Sheet of the authorized agent/s, with the
accompanying specimen signatures (SB Form No.05-2004, Annex
“A-4”) and ten (10) black and white copies of their latest 2x2
photographs; and
A.13. Secretary Certificate containing the specimen signatures of the
authorized agent/s authorized to transact business for and in behalf
of the surety company. Additional duplicate copies of the Secretary
Certificate may be subsequently requested.

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B. An application fee of Five Thousand Pesos (P5,000.00) and an additional
fee of Five Hundred Pesos (P500.00) for each authorized agent shall be
imposed upon the applicant. An application for accreditation that fails to
comply with any of the above-listed requirements shall not be processed by
the Docket and Clearance Division, Legal Office, OCA, and the applicant
shall be notified of the deficiency or defect therein.
C. If the application is complete with all the requirements, the Docket
and Clearance Division, Legal Office, OCA, shall submit its recommendation
to the Court Administrator for his appropriate action.
If the Court Administrator approves the application of the surety company
that intends to engage in transactions involving criminal cases, the company
shall be required to make a One Million Peso (P1,000,000.00) cash deposit
with the Financial Management Office (FMO), OCA, under the fiduciary
account with the Land Bank of the Philippines in the name of the OCA-
Supreme Court Surety Company Deposits (SCD). The cash deposit shall
answer for the liabilities of the accredited surety company and its authorized
agents in case of non-payment of its obligations pertaining to surety bonds.
Upon One Million Peso (P1,000,000.00) cash deposit made by a surety
company that intends to engage in transactions in criminal cases, the Court
Administrator shall issue the corresponding Certificate of Accreditation and
Authority which shall be stamped with the words “VALID FOR CRIMINAL
CASES.”
If the Court Administrator approves the application of a surety company
for civil cases only, the One Million Peso (P1,000,000.00) cash deposit shall
not be required. A Certificate of Accreditation and Authority stamped with the
words “VALID FOR CIVIL/SPECIAL PROCEEDINGS CASES” shall be
issued.
The Court Administrator shall likewise issue a certified true copy of the
Certificate of Accreditation and Authority containing the photograph of the
authorized agent duly sealed and certified by the Court Administrator.
D. The Docket and Clearance Division, Legal Office, OCA, shall furnish
a copy of the Certificate of Accreditation and Authority and a list of accredited
surety companies and their authorized agents to the concerned Clerks of
Court of the Supreme Court, Court of Appeals, Court of Tax Appeals,
Sandiganbayan and in the first and second level courts where the surety
company intends to transact business. The Clerks of Court shall post on
the bulletin board the list of accredited surety companies and their respective
authorized agents.
E. If the application for accreditation is denied, the OCA shall inform the
applicant surety company of the denial and the reasons therefor. The
application fee shall be forfeited.

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 F. The Certificate of Accreditation and Authority shall be valid for six (6)
months covering the periods August 01 to January 31 and February 01 to
July 31. An application for Certificate of Accreditation and Authority filed after
February 01 or August 01 shall be valid only for the remainder of the six-
month period.
G. In case a surety company intends to expand its area of operation
during the six-month period, it shall file a new application form for
accreditation.
III. SUSPENSION OR CANCELLATION OF THE CERTIFICATE OF
ACCREDITATION AND AUTHORITY
The following are the grounds for the suspension or cancellation of the
Certificate of Accreditation and Authority:
1. The surety company has committed fraudulent or illegal acts in
transacting bonds;
2. Failure of the surety company to pay the amount of forfeited bond within
fifteen (15) days from notice to pay from the sheriff;
3. Non-compliance by the surety company with any of the provisions of this
Circular and other issuances of the Supreme Court and the OCA;
4. Non-renewal or cancellation of the Certificate of Authority by the Insurance
Commission;
5. Failure to maintain the required One Million Peso (P1,000.000,00) deposit
despite notice from the OCA;
6. Violation of the order/s of the courts relative to bonds issued by the
surety company; and
7. Other grounds that may be thereafter prescribed by the Supreme Court
or the OCA.
IV. MONTHLY REPORT ON SURETY COMPANIES WITH OUTSTANDING
OBLIGATIONS
The Clerks of Courts of all concerned courts shall submit to the Docket and
Clearance Division, Legal Office, OCA, a monthly report on surety companies
with outstanding obligations on or before the 10th day of the succeeding month
(SB Form No. 06-2004, Annex “B”). The report shall specify the name of the
surety company, the amount of bond, bond number, the case, number, case
title, name of the accused or party in a case, date of order of forfeiture and
status or action taken thereon, attaching in support thereto, the following:
1. Judgment of forfeiture with the corresponding writ of execution;

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 2. Subsequent motions/orders relative thereto; and
3. Sheriff’s Return.
V. PROCESSING OF APPLICATION FOR SURETY BONDS
A. FIRST LEVEL AND SECOND LEVEL COURTS
A.1. In multiple sala stations, application for surety bonds shall be filed
with the Office of the Clerk of Court. In single sala station, it shall
be filed with the Clerk of Court. The authorized agent of the surety
company shall be required to submit the following:
(a) Photocopy of the Certificate of Accreditation and Authority
issued by the Court Administrator containing the photograph
of the authorized agent after presentation of the original copy
hereof as described in Title II, paragraph C; and
(b) Secretary Certificate containing the specimen signatures of
the agents authorized by the company to transact business
with the courts.
A.2. All accredited surety companies shall be assigned a number by
raffle, conducted every first working day of the month of August
and February, by the Clerk of Court in single or multiple sala stations.
A surety company that is accredited after the raffle shall be added
to the list of raffled surety companies and assigned the next
corresponding number. In case two (2) or more surety companies
are simultaneously accredited after the raffle, they shall be added
to the list in alphabetical order.
A criminal case where the accused signifies his intention to post a
surety bond shall be referred to the surety company according to
its rank in the list. The assigned surety company shall have the
first priority to negotiate with the accused, but the latter shall have
the option to secure the services of another accredited bonding
company of his choice in case of disagreement with the assigned
surety company on the proposed terms and conditions of the bond.
For example, Criminal Cases A, B, C, D and E shall be assigned,
respectively, to Surety Companies ranked No.1, 2, 3, 4, and 5 in
the list. If the accused in Criminal Case “A” decides to avail of a
surety bond, Surety Company No.1 shall have the first priority to
negotiate with the former. If the accused in Criminal Case “A” fails
to come into terms with Surety Company No. 1, the accused shall
have the option to secure the services of either Surety Company
No. “2,” “3,” “4,” or “5,” following said order. If the accused comes
into terms with Surety Company No. “2,” said surety company
shall continue to have the right to negotiate with the accused in

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 Criminal Case “B.” Surety Company No.1, on the other hand, will
have to wait for its turn in the next round.
The same procedure shall be followed for surety bonds in civil/
special proceedings cases.
A.3. Before transmitting the surety bond for approval by the judge
concerned, the Clerk of Court shall determine the completeness
and authenticity of the bond and its supporting documents, more
particularly the genuineness of the signatures of the authorized
agents of the company.
A.4. The following requirements shall be attached to bond:
A.4.a. Certified copy of a valid Certificate of Accreditation and
Authority issued by the Office of the Court Administrator;
A.4.b. Copy of the Certificate of Compliance with Circular No. 66 of
the Insurance Commission duly certified by the Insurance
Commission;
A.4.c. Proof of payment of legal fees under the Rules of Court and
the documentary stamp tax (thirty centavos [P 0.30] on each
four pesos [P4.00] or fractional part thereof, of the premium
charged, pursuant to Section 187 Title VII of Rep. Act No.
8424) and Value Added Tax (VAT) under the National Internal
Revenue Code;
A.4.d. Photocopy of the Certificate of Accreditation and Authority
issued by the Court Administrator containing the photograph
of the authorized agent (after presentation to the Clerk of
Court of the original copy thereof as Copy of the Certificate
of Accreditation and Authority containing the photograph of
the agent); and
A.4.e. Secretary Certificate containing the specimen signatures of
the agents authorized to transact business with the courts.
A.5. In criminal cases, the following additional documents shall be
submitted:
A.5.a. Photographs of the accused;
It shall be the obligation of the bonding company issuing the
bond to attach four (4) sets of recently taken black and white
2x2 photographs (front, left and right profiles) of the accused
on all copies of the corresponding bail bond to be issued or
posted;
A.5.b. Original Copy of the Waiver of Appearance of accused under
oath;

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 A.5.c. Original Copy of the Certificate of detention;
A.5.d. Certified true copy of the Information; and
A.5.e. Certification from the Barangay Captain attesting to the real
name of the accused, his actual residence in the barangay
and attaching a location plan showing the residence of the
accused.
A.6. If the proposed surety bond is found to be in order and complies
with all the above-listed requirements, the Clerk of Court shall
transmit the bond to the judge concerned for his appropriate
action. (SB Form No. 07-2004, Annex “C”).
In case any of the requirements is not complied with, the
bond shall be disapproved. The Clerk of Court shall
immediately return the bond to the surety company, citing
the reason for the disapproval.
B. COURT OF APPEALS AND SANDIGANBAYAN
B.1. The proposed surety bond shall be filed with the Judicial Records
Division, which shall forward the same to the proper Division Clerk
of Court. The Division Clerk of Court shall determine the
completeness and authenticity of the application and required
documents submitted by the surety company for surety bond
before the same is transmitted for approval by the Justice
concerned.
B.2. The Division Clerk of Court shall only accept application for surety
bonds of a surety company duly accredited by the OCA, with a
valid Certificate of Accreditation and Authority.
B.3. The Division Clerk of Court shall see to it that the bond is in order
pursuant to the requirements enumerated under this title,
paragraphs A.4 and A.5.
In case any of the requirements is not complied with, the bond
shall be disapproved. The Division Clerk of Court shall immediately
return the same to the surety company which shall be informed of
the disapproval.
B.4. When the proposed bond is in order, the Division Clerk of Court
shall transmit the bond to the Justice to whom the case was raffled,
for his approval.
C. COURT OF TAX APPEALS
C.1. Where, pursuant to the provisions of Section 11 of Republic Act
1125 in relation to Rule 12 of the Rules of the Court of Tax Appeals,
suspension of the collection of tax is proper, and the taxpayer files

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 an injunction bond in the form of surety for not more than double
the amount of the tax liability, the Executive Clerk of Court shall
determine the completeness and authenticity of the required
documents submitted by the surety company, pursuant to the
provisions of this title, paragraph A.4. In criminal cases filed pursuant
to Rep. Act No. 9282, the Executive Clerk of Court shall impose
the submission of additional requirements provided under
paragraph A.5 of this title.
In case any of the requirements is not complied with, the bond
shall be disapproved. The Executive Clerk of Court shall
immediately return the bond to the taxpayer/applicant company,
citing the reason for the disapproval.
C.2. When the application for injunction bond is in order, the Executive
Clerk of Court shall transmit the application to the Court for approval.
The Court may impose additional requirements as it may deem
proper and practicable under the circumstances.
D. SUPREME COURT
D.1. Upon receipt of the Resolution of the Supreme Court granting the
issuance of a Writ of Preliminary Injunction subject to the posting
of a bond, the petitioner shall submit the bond and other documents
of compliance to the Judicial Records Office (JRO) within the period
provided for in the Resolution.
D.2. The JRO shall forward the bond and other documents of
compliance to the concerned Clerk of Court or Division Clerk of
Court. The Clerk of Court or Division Clerk of Court shall determine
the completeness and authenticity of the bond and required
documents before placing them in the agenda for the approval of
the Court.
D.3. The Clerk of Court or Division Clerk of Court shall accept bonds
only from a surety company that is duly accredited by the OCA,
with a valid Certificate of Accreditation and Authority.
D.4. The Clerk of Court or Division Clerk of Court shall see to it that the
bond is in order pursuant to the requirements enumerated under
this title, paragraphs A.4 and A.5.
In case any of the requirements is not complied with, the bond
shall not be processed. The Clerk of Court shall immediately return
the same to the petitioner who shall be given ten (10) days within
which to comply with the Resolution of the Court. If the petitioner
fails to comply, the Writ of Preliminary Injunction issued shall be

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 rendered of no force and effect without the need to issue another
Resolution.
D.5. When the bond and other documents in compliance are in order,
the Court shall approve the same through a Resolution.
VI. EXECUTION OF JUDGMENTS OF FORFEITURES IN BAIL- BONDS;
CLAIMS AGAINST THE CASH DEPOSIT
A. Upon the issuance of the judgment of forfeiture, the Branch Clerk of
Court shall immediately issue the corresponding writ of execution. The
writ of execution shall be forwarded, within five (5) days from the date of
its issuance by the Branch Clerk of Court, to the Sheriff. Within the day
upon receipt of the writ, the Sheriff shall, by written notice, require the
surety company to pay the obligation in relation to the forfeited judicial
bond within fifteen (15) days from receipt thereof. If the obligation remains
unpaid after the lapse of fifteen (15) days, the Sheriff shall make a levy
on the One Million Peso (P1,000,000.00) cash deposit deposited at the
Financial Management Division (FMO), OCA.
The Sheriff concerned shall submit a return within thirty (30) days from
implementation of the writ to the Clerk of Court pursuant to Section 14,
Rule 39 of the 1997 Rules of Civil Procedure.
B. In no case shall staggered payments of forfeited bonds be allowed,
pursuant to Section 21, Rule 114 of the Revised Rules of Criminal
Procedure.
C. In case of reduction of the One Million Peso (P1,000,000.00) cash deposit
in view of the levy made by the Sheriff, the Office of the Court
Administrator shall notify the concerned surety company to deposit an
amount equivalent to the amount levied from the cash deposit within
fifteen (15) days from notice. Otherwise, the Certificate of Accreditation
and Authority shall be suspended or revoked.
D. Any interest earned from the cash deposit shall inure to the Judiciary
Development Fund (JDF) as provided for in the En Banc Resolution of
the Court dated 14 September 1999 (A.M. No. 99-8-01-SC).
E. The aforementioned procedure shall likewise apply to the Supreme Court,
Court of Appeals, Sandiganbayan and Court of Tax Appeals whenever
applicable.
VII. LIFETIME OF BONDS IN CRIMINAL AND CIVIL ACTIONS/SPECIAL
PROCEEDINGS
Unless and until the Supreme Court directs otherwise, the lifetime or duration
of the effectivity of any bond issued in criminal and civil actions/special
proceedings, or in any proceeding or incident therein shall be from its approval
by the court, until the action or proceeding is finally decided, resolved or

163
terminated. This condition must be incorporated in the terms and condition of
the bonding contract and shall bind the parties notwithstanding their failure to
expressly state the same in the said contract or agreement.
The surety company shall notify the court concerned and the parties to the
action or proceeding of any act, event, or circumstances that may affect its
business or operations, such as corporate rehabilitation; amendment of its
articles of incorporation that shortens corporate lifetime, bankruptcy; insolvency;
or issuance of writs of execution, attachment, or garnishment against it. The
notice, which shall be given within ten (10) days from the occurrence of the act,
event, or circumstance, shall have as attachments thereto, certified true copies
or authenticated documents evidencing the same act, event or circumstance.
The concerned Clerk of Court shall furnish the Docket and Clearance
Division, Legal Office, OCA, with a copy of the final order of the court on the
Motion to Withdraw as Bondsman filed by the surety company, within ten (10)
days upon its issuance.
VIII. CESSATION OF BONDING TRANSACTIONS WITH THE COURT BY
THE SURETY COMPANY; WITHDRAWAL OF THE CASH DEPOSIT
In the event the surety company decides to cease from engaging in bonding
transactions with the court, it shall file a letter-request to that effect with the
Court Administrator with a request for the withdrawal of the One Million Peso
(P1,000,000.00) cash deposit/remaining balance.
The withdrawal of the One Million Peso (P1,000.000.00) cash deposit/
remaining balance shall be approved upon submission of the following to the
Docket and Clearance Division, Legal Office, OCA:
A. Sworn request for withdrawal of the cash deposit from the surety
company addressed to the Court Administrator (SB Form No. 8-2004,
Annex “D”);
B. Board resolution issued by the surety company requesting for the
withdrawal of the cash deposit;
C. Clearances from all Clerks of Court where the surety company/
authorized agents were authorized to transact surety business. The
clearance shall indicate that the surety company/authorized agents have
no outstanding obligations pertaining to judicial bonds;
D. Sworn statement that the surety company has not been involved in any
action or proceeding that may affect its business or operations, such as
corporate rehabilitation; amendment of its articles of incorporation that
shortens corporate lifetime, bankruptcy; insolvency; or issuance of writs
of execution, attachment or garnishment against it; and
E. The last Certificate of Accreditation and Authority issued to the surety
company by the Docket and Clearance Division, Legal Office, OCA.

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 Upon submission of the foregoing requirements, the Court Administrator
shall issue in favor of the surety company an authority to withdraw its outstanding
cash deposit from the Financial Management Office, OCA, which in turn, shall
prepare the necessary voucher for the withdrawal of the fund from the Land
Bank of the Philippines.
IX. TRANSITORY PROVISION
An application for Certificate of Accreditation and Authority filed by a surety
company after the effectivity hereof shall, if approved, be considered valid for
the remainder of the six-month period.
X. REPEALING CLAUSE
All circulars and issuances inconsistent herewith are deemed superseded
or amended accordingly.

(Sgd.) HILARIO G. DAVIDE, JR.

Chief Justice

(Sgd.) REYNATO S. PUNO (Sgd.) ARTEMIO V. PANGANIBAN

Associate Justice Associate Justice

(Sgd.) LEONARDO A. QUISUMBING (Sgd.) CONSUELO YNARES-SANTIAGO

Associate Justice Associate Justice

(Sgd.) ANGELINA SANDOVAL GUTIERREZ (Sgd.) ANTONIO T. CARPIO

Associate Justice Associate Justice

(Sgd.) MA. ALICIA AUSTRIA-MARTINEZ (Sgd.) RENATO C. CORONA

Associate Justice Associate Justice

(Sgd.) CONCHITA CARPIO-MORALES (Sgd.) ROMEO J. CALLEJO, SR.

Associate Justice Associate Justice

(Sgd.) ADOLFO S. AZCUNA (Sgd.) DANTE O. TINGA

Associate Justice Associate Justice

(Sgd.) MINITA V. CHICO-NAZARIO

Associate Justice

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Annex “K”

ADMINISTRATIVE ORDER NO. 120-2007

TO : ALL PRESIDING JUSTICES AND CLERKS OF COURT

OF THE COURT OF APPEALS, SANDIGANBAYAN, AND
COURT OF TAX APPEALS AND ALL JUDGES AND
CLERKS OF COURT OF THE REGIONAL TRIAL
COURTS, SHARI’A DISTRICT COURTS,
METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS IN CITIES, MUNICIPAL TRIAL COURTS,
MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI’A
CIRCUIT COURTS.
SUBJECT : GUIDELINES IN THE DISPOSAL AND/OR
DESTRUCTION OF COURT RECORDS, PAPERS AND
EXHIBITS
The court records, papers and exhibits subject of the disposal and/or
destruction must pertain to cases terminated for at least seven (7) years,
EXCEPT the following, which shall remain in the office storage of every court,
to wit:
a) Naturalization cases;
b) Big land cases;
c) Precedent-setting cases without records in the Supreme Court;
d) Death Penalty cases; and
e) Criminal cases where the Board of Pardons and Parole may require
certain documents, important court exhibits, extended resolutions
resolving motions for reconsideration, and the like. . .
The phrase “court records, papers and exhibits” refers to basic pleadings
and various supporting papers, documents and exhibits attached to the
expediente or rollo but does not cover decisions of terminated cases. These
decisions must still be maintained in the archives of the respective courts to
preserve the repositorial value of judicial statements set forth therein;
After the last day of the retention period, a request for authority to dispose of
and/or to destroy court records, papers, and exhibits shall be filed with the Office
of the Court Administrator (OCA), using the prescribed form (Form 1). The
request shall be acted upon by the Court Administrator within thirty (30) days
from receipt hereof;

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 Notices of the intention to dispose of and/or destroy court records, papers
and exhibits must be posted for at least thirty (30) days from date of receipt of
the approval of the Office of the Court Administrator of the authority to dispose
of and/or destroy the court records, papers and exhibits, at the main entrances
of three (3) conspicuous public places such as the Hall of Justice, Provincial
Capitol, City or Municipal Hall, and the Post Office;
Corresponding notices relative to such disposal and/or destruction of court
records, papers and exhibits shall be sent to the parties and/or counsel of record
who may wish to retrieve documents/evidence from said court records at least
thirty (30) days prior to the date of actual disposal and/or destruction;
The disposal and/or destruction must be carried out after the expiration of
thirty (30) days as provided in the preceding paragraph, and shall be undertaken
by selling or burning the court records, papers and exhibits, or by some other
practicable manner.
The sale or burning shall be conducted in the presence of the Presiding
Justice/Executive Judge/Presiding Judge, the Clerk of Court and the
representative from the Commission on Audit;
The Clerk of Court shall issue the corresponding official receipt to the buyer
of the disposed court records, papers, or exhibits, and the amount collected
therefor shall be recorded in a separate report of collection specifying the nature
of the income;
The Clerk of Court shall remit to the Judiciary Development Fund the
proceedings from the sale under a separate Remittance Advice to the credit of
the court involved with notice of such remittance furnished the Office of the
Court Administrator;
Within thirty (30) days after the disposal and/or destruction of court records,
papers, and exhibits in accordance with the preceding procedures, the Clerk of
Court shall prepare a Disposal Report duly noted by the Presiding Justice/
Executive Judge/ Presiding Judge, and submit the same to the Office of the
Court Administrator;
The Disposal Report must specify the: (a) court records, papers, and exhibits
disposed of and/or destroyed, (b) compliance with the basic requirements for
the disposal and/or destruction of said court records, papers and exhibits, and
(c) facts concerning the exhaustive efforts by the court concerned to notify the
parties and/or counsel of records as prescribed in paragraph 4 hereof; and
Non-submission of the Disposal Report shall be subject to administrative
sanctions as the Court may appropriately impose.
The provisions of this Administrative Order shall not be applicable to court
records, papers and exhibits where there is a specific law providing the disposal
and/or destruction thereof.

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 Strict observance of the above rules/procedures is hereby enjoined.
The Administrative Order amends or otherwise supersedes Administrative
Order No. 13 dated April 29, 1981, and such other orders, circulars and other
issuances inconsistent herewith.
July 25, 2007.
(Sgd.) REYNATO S. PUNO
Chief Justice

FORM 1
REQUEST FOR AUTHORITY TO DISPOSE OF/DESTROY
COURT RECORDS, PAPERS AND EXHIBITS

Date _________________
Hon. _______________________
Court Administrator
Office of the Court Administrator

Sir:
Authority is requested to dispose of and/or destroy the records, papers and/
or exhibits in the following cases listed below:

Case Court No. of Date of Reason for

Number Records/Exhibits/Papers Pages Entry of Disposal
Description Judgment

Respectfully yours,

Clerk of Court
RECOMMENDING APPROVAL:

Presiding Justice/Executive Judge/Presiding Judge

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Annex “L”

EN BANC

A.M. No. 07-3-02-SC

RE: GUIDELINES ON THE JAIL VISITATION AND INSPECTION

RESOLUTION

In view of the need to adopt a uniform procedure in the conduct of jail visitation
and inspection as well as in the submission of the required reports in connection
therewith, the following guidelines are hereby adopted:

SECTION 1. Objectives.– Jail visitation and inspection shall be undertaken

to:

1. Facilitate the expeditious resolution and/or disposition of criminal cases

involving adult prisoners/detainees and children in conflict with the law;

2. Prevent or eliminate illegal or unnecessary detention; and

3. Ensure the promotion and protection of the dignity and well-being of

adult prisoners/detainees and children in conflict with the law.

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

(a) Presiding Judges – The presiding judges of the first and second level
courts shall conduct personally once a month the visitation and inspection
of adult prisoners/detainees and children in conflict with the law whose
cases are pending before their respective courts.

(b) Executive Judges – The executive judges of second level courts and
multi-sala first level courts shall conduct personally once a month the
visitation and inspection of provincial, city, and municipal jails as well as
other detention centers within their respective jurisdictions. Executive
judges of second level courts shall likewise conduct personally once a
month the visitation and inspection of youth detention homes and youth
rehabilitation centers within their respective jurisdictions.

(c) Accompanying Staff – Executive judges and presiding judges may direct
not more than two (2) of their staff members to accompany and assist
them in the conduct of the monthly jail visitation and inspection. In no
case, however, must the staff members be allowed to conduct such
visitation and inspection themselves without the executive judge or the
presiding judge, except in cases provided for under Section 6 hereof.

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

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

(a) determine the number of adult prisoners/detainees and children in

conflict with the law whose cases are pending before their courts;

(b) list the (i) names; (ii) case number; (iii) crime charged; (iv) duration
of detention; (v) status of the case; and (vi) other pertinent information
on the adult prisoners/detainees and children in conflict with the law;

(c) inquire into the health condition of adult prisoners/detainees and

children in conflict with the law;

(d) determine whether or not the right of the accused and counsel to
conduct private consultations is being observed; and

(e) avert acts of harassment against lawyers, such as being

photographed and fingerprinted during interviews.

2. They shall submit a monthly report on their jail visitation and inspection
to their executive judges within ten (10) days from such visitation and inspection,
indicating therein, among others, any information or circumstances necessitating
immediate action, and any recommendation for action thereon either by the
executive judge or the Office of the Court Administrator (OCA).

3. They shall take immediate action on (a) the conditions inimical to the
physical and mental health, safety, and well-being of adult prisoners/detainees
and children in conflict with the law; and (b) urgent matters within their
competence without the need of the intervention of the Executive Judge.

All the foregoing provisions shall also apply to any presiding judge who is
assigned/designated on full detail to another court as acting presiding judge
thereat.

SEC. 4. Contents of the Monthly Report of Presiding Judges for Submission

to the Executive Judges.– The monthly report (Jail Visitation Form No. 1) of
presiding judges shall include the following information:

(a) Number of adult prisoners/detainees and children in conflict with the law
whose cases are pending before their courts;

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

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 (c) Any problems or circumstances affecting the safety, health condition
and interest of the adult prisoners/detainees, and the children in conflict
with the law, and any action taken thereon.

SEC. 5. Certification.– The presiding judges shall certify under oath that
they personally conducted the monthly jail visitation and inspection and that the
entries in the report are true and correct. The report shall be subscribed and
sworn to by the presiding judge before the executive judge or vice executive
judge; or in case of the unavailability of both, before the presiding judge of the
station nearest to his/her court. Should the distance or available mode of
transportation be such as to make it impracticable to swear before the aforesaid
judges, the declaration under oath may be made before a public prosecutor or
a notary public, in this order.

SEC. 6. Jail Visitation and Inspection of Acting Presiding Judges.– Acting

Presiding Judges in vacant courts shall likewise undertake personally once a
month the visitation and inspection of adult prisoners/detainees and children in
conflict with the law whose cases are pending before their additional court
assignments in accordance with Sec. 3 hereof. In the case of acting presiding
judges who are assigned two or more courts in addition to their regular courts,
they may delegate the monthly jail visitation and inspection to the clerk of court
of their respective additional court assignments. The clerk of court may be
accompanied by not more than two (2) court personnel to assist in the conduct
of the monthly visitation and inspection.

The clerk of court and the court personnel shall conduct the monthly jail
visitation and inspection in accordance with Sec. 3 hereof. The clerk of court
shall submit the required monthly report, bearing the conformity of the acting
presiding judge, to the executive judge within ten (10) days from such visitation
and inspection.

SEC. 7. Duties and Responsibilities of Executive Judges; Reports to be

Submitted.– Executive Judges shall perform the following duties and
responsibilities:

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

(a) Inquire into the condition of the facilities and services of provincial,
city and municipal jails, youth detention homes and youth rehabilitation
centers as well as other detention centers within their respective
jurisdictions, such as but not limited to space/capacity, sanitary
facilities, ventilation, food, medicines, access to doctors, visiting hours
and visitors allowed;

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

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 (c) determine practices disadvantageous to adult prisoners/detainees
and children in conflict with the law, if any.

2. They shall ensure that presiding judges of the first and second level
courts under their supervision shall (a) personally visit and inspect at
least once a month the condition of adult prisoners/detainees and children
in conflict with the law whose cases are pending before their respective
courts; and (b) submit to them monthly reports on their jail visitation.

3. They shall submit a compliance report every quarter, indicating the

names of judges who do not (a) conduct jail visitation and inspection
regularly; and/or (b) submit the required monthly report. Such compliance
report shall be submitted to the Court Management Office, OCA, not
later than the first fifteen (15) days after the last day of every quarter.

4. They shall require jail wardens and heads of youth detention homes and
youth rehabilitation centers to submit to their office a monthly report on
the number of adult prisoners/detainees and children in conflict with the
law whose cases are pending before the courts under their jurisdiction,
preferably by branch. They shall reconcile any discrepancy or conflict
between the data reflected in the inventory reports submitted by the
presiding judge and the jail warden or head of the youth detention center
or youth rehabilitation center.

SEC. 8. Contents of the Compliance Report of Executive Judges for

Submission to the OCA.– The compliance report (Jail Visitation Form No. 2)
shall contain the names of judges who do not conduct the jail visitation and
inspection regularly and/or do not submit the required monthly report, and the
months corresponding thereto, as well as the action/s taken thereon, if any.

The compliance report shall have a jail profile which shall include, but shall
not be limited to, the following information:

(a) Perceived or reported instances of harassment of adult prisoners/

detainees and children in conflict with the law, and their counsels, such
as but not limited to the deprivation of their right to hold private
consultations with their counsels;

(b) Jail practices inimical to the health and safety of 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 hours and visitors allowed of the adult
prisoners/detainees and children in conflict with the law; and

(d) Action/s taken on any relevant problem or concern discovered or reported

during the jail visitation and inspection.

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 SEC. 9. Certification.– The executive judges shall certify under oath that
they personally conducted the monthly jail visitation and inspection and that the
entries in the report are true and correct. The report shall be subscribed and
sworn to by the executive judge concerned before his vice-executive judge/s, if
any or in case of his/her/their unavailability, before the presiding judge of the
station nearest to his/her court. Should the distance or available mode of
transportation be such as to make it impracticable to swear before the aforesaid
judges, the declaration under oath may be done before a public prosecutor or a
notary public, in this order.

SEC. 10. Duties and Responsibilities of Executive Judges as Presiding

and/or Acting Judges.– Executive judges, in their capacity as presiding and/or
acting judges of their official stations and other court assignments, respectively,
shall perform the duties and responsibilities enumerated under Sections 3, 4, 5
and 6 of the Resolution.

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

SEC. 12. Sanctions.– Failure of executive judges/presiding judges/acting

judges to conduct personally the jail visitation and inspection once a month
and/or to submit complete and accurate reports, as required, within the
prescribed period shall warrant the withholding of their salaries without prejudice
to whatever administrative sanctions the Supreme Court may impose on them
or criminal action which may be filed against them.

SEC. 13. Repealing Clause.– This Resolution modifies and amends Section
25, Rule 114 of the Revised Rules on Criminal Procedure; Sections 2 and 3,
Chapter X of the Guidelines on the Selection and Appointment of Executive
Judges and Defining their Powers, Prerogatives and Duties (A.M. No. 03-8-02-
SC); OCA Circulars No. 3-2002 dated May 2, 2002 and

No. 05-2004 dated January 12, 2004 (re: Administrative Matter No. 02-1-02
dated 29 January 2002); and provisions of other Court issuances inconsistent
herewith.

SEC. 14. Effectivity.– This Resolution shall take effect immediately.

October 14, 2008.

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