[ OCA CIRCULAR NO. 90-2008, September 10, 2008 ]

[ OCA CIRCULAR NO. 90-2008, September 10, 2008 ]

[ OCA CIRCULAR NO. 90-2008, September 10, 2008 ]

TO:

ALL CONCERNED JUDGES OF THE REGIONAL TRIAL COURTS AND FIRST LEVEL COURTS

IN THE CITIES OF ALAMINOS, ANGELES, ANTIPOLO, BACOLOD, BAGO, BAGUIO, BATANGAS, BAYBAY, CADIZ, CAGAYAN DE ORO, CALOOCAN, CEBU, DAGUPAN, DAVAO, D1GOS, ESCALANTE, GENERAL SANTOS, GINGOOG, HLMAMAYLAN, ILIGAN, IRIGA, KABANKALAN, KORONADAL, LA CARLOTA, LAPU LAPU, LAS PINAS, LINGAYEN, LIPA, MAICATL MALABON, MALOLOS, MANDALUYONG, MANDAUE, MANILA, MARAWI, MARIKINA, MUNTINLUPA, NAGA, ORMOC, OZAMIZ, PANABO, PARANAQUE, PASAY, PASIG, QUEZON, SAGAY, SAN CARLOS, (Cebu and Pangasinan), SAN FERNANDO (La Union and Pampanga), SAN JOSE DEL MONTE, SAN JUAN, SILAY SIPALAY, TACLOBAN, TAGUIG, TAGUM, TALISAY, TOLEDO TUGUEGARAO, URDANETA, VALENCIA, VALENZUELA AND ZAMBOANGA,

AS WELL AS IN THE PROVINCES OF BATANGAS, BENGUET, BULACAN, CAGAYAN, CAMARINES SUR. CEBU, DAVAO DEL NORTE, DAVAO DEL SUR, LA UNION, LANAO DEL NORTE, LANAO DEL SUR, LEYTE, MISAMIS OCCIDENTAL, MISAMIS ORIENTAL, NEGROS OCCIDENTAL, PAMPANGA, PANGASINAN, RIZAL, SARANGGANI, SOUTH COTABATO AND ZAMBOANGA DEL SUR

RE:

SETTLEMENT PERIOD FROM NOVEMBER 3 TO DECEMBER 15, 2008

Pursuant to A.M. No. 08-8-12-SC-PHILJA re Declaration of Settlement Period from November 3 to December 15, 2008, dated August 12, 2008, all concerned judges are hereby directed to undertake the following activities:

1.) Continue the laudable policy of mandatorily referring mediatable cases to the PMC Units;

2.) Further select from the inventory of cases in their respective f dockets at least twenty (20) mediatable cases [1] , which:

(a) have been referred to the PMC Units but have been returned to the court without having undergone mediation and are still at the pre-trial stage; and (b)have undergone mediation, not settled, and returned to the court, but are still in the trial stage.

The possibility of settlement should be present in the above two (2) categories of cases, considering, among other factors, the age of the case, relationship of the parties, and other similar circumstances, provided that, upon written joint motion of the parties, even cases already submitted for decision may still be mediated;

3.) In areas where there are PMC Units, but without Judicial Dispute Resolution (JDR), direct the parties in the selected cases under 2(a) and 2(b) above to appear before the PMC Units for the mediation of their disputes;

4.) Tn areas where there are PMC units and where JDR is in place, refer cases under 2(a) to the PMC Units and, if there is no settlement, return the same to the referring judge, who shall undertake JDR. in cases under 2(b), refer the same to the pairing judge for JDR, for purposes only of the settlement period; and

5.) Enjoin the Clerks of Court to see to it that orders or notices are promptly issued and served to enable the parties to appear on the dates their cases are scheduled for Court-Annexed Mediation (CAM) or JDR.

Judges and Mediators are reminded that conciliation and mediation proceedings are strictly confidential, thus, no report shall be prepared regarding the proceedings unless settlement is reached, in which case, a compromise agreement shall be executed and submitted to the referring judge for approval and rendition of judgment conformably therewith.

The PMC unit Staff shall submit to the Philippine Mediation Center Office (PMCO) the list of the cases and (a) referred for mediation, (b) refused mediation, (c) settled, (d) unsettled, and (e) pending mediation, within ten (10) days from the end of the Settlement Period.

The JDR Unit Staff shall submit to the Philippine Mediation Center Office (PMCO) the list of cases: (a) referred for JDR; (b) undergone JDR; (c) settled; and (d) unsettled, within ten (10) days from the end of the Settlement Period. For strict compliance. 10 September 2008.

JOSE P. PEREZ

Court Administrator

[1] Under A.M. No. 01-10-5 SC PH1IJA dated 16 October 2001 , the following are mediatable cases:

All civil cases, settlement of estates and cases covered by the Rule on Summary Procedure, except those which by law may not be compromised;

Cases cognizable by the Lupong Tagapamayapa under the Katarungan Pambarangay Law;

The civil aspect of Batas Pambansa Bldg. 22 cases;

The civil aspect of qua si-offenses under Title 14 of the Revised Penal Code;

Civil aspect of estafa and libel cases where damages are sought (Sec. 9, Rule 141, Revised Rule on Legal Fees, A.M. No. 04-2-04 SC, Effective 16 August 2004); and

Simple theft under Art. 308 in relation to Art. 309, pars. 3 to 8 of the Revised penal Code (A.M. No. 04-1-12 SC PRTUA, Enhanced Pre Trial Guidelines dated November 13, 2007 )