[ OCA CIRCULAR NO. 10-2015-A, February 11, 2015 ]

[ OCA CIRCULAR NO. 10-2015-A, February 11, 2015 ]

[ OCA CIRCULAR NO. 10-2015-A, February 11, 2015 ]

TO : The Concerned Metropolitan Trial Courts in Manila, Makati and Quezon City

SUBJECT : Implementing Guidelines for the Pilot Testing of Assisting Courts in Manila City to Help the Overburdened Courts Makati City and Quezon City

Pursuant to the Resolution of the Court en banc dated 10 December 2014 in A.M. No. 14-11-393-RTC (Authorizing the Piloting of Assisting Courts to Help Nearby Overburdened Courts Deal With Their Case Loads) directing, among others, the Court Administrator to "[establish the mechanics for the designation of the Assisting Courts xxx and [pjerform such other tasks as are essential to the accomplishment of the purpose for which this piloting project has been authorized," the following implementing guidelines shall be observed:

I. All the branches of the Metropolitan Trial Court (MeTC) of Makati City and Quezon City (otherwise known as the "Assisted Court") shall have a counterpart branch in the MeTC of Manila City (otherwise known as the "Assisting Court"), as follows:

ASSISTED COURT Makati City ASSISTING COURT Manila City

Br. 61 Hon. Barbara Aleli Hernandez Briones Br. 27 Hon. Joel A. Lucasan

Br. 62 Hon. Ma. Concepcion Araño Billones Br. 15 Hon. Fricia C. Gomez-Guillen

Br. 63 Hon. Alberto N. Azarcon III Br. 14 Hon. Carolina De Jesus Esguerra

Br. 64 Hon. Ma. Lourdes V. Barrios-Sapalo Br. 17 Hon. Phoeve C. Meer

Br. 65 Hon. Henry E. Laron Br. 18 Hon. Juliet M. Manalo-San Gaspar

Br. 66 Hon. Marcos C. Diasen, Jr. Br. 19 Hon. Karen Matti Sy

Br. 67 Hon. Jackie B. Crisologo-Saguisag Br. 21 Hon. Ana Teresa T. Cornejo-Tomacruz

Quezon City Manila City

Br. 31 Hon. Maria Gilda Loja- Pangilinan Br. 22 Hon. Nerina Casandra N. Anastacio-Mendinueto

Br. 32 Hon. Janet Abergos Samar Br.16 Hon. Amalia S. Gumapos-Ricablanca

Br. 33 Hon. Joel Socrates S. Lopena Br. 9 Hon. Yolanda M. Leonardo

Br. 34 Hon. Ludmila De Pio Lim Br. 28 Hon. Andy S. De Vera

Br. 35 Hon. Evelyn M. Pascua-Lee Br. 11 Hon. J. Ermin Ernest Louie R. Miguel

Br. 36 Hon. Snooky Maria Ana Bareno Sagayo Br. 4 Hon. Eriza P. Pagaling- Zapanta

Br. 37 Hon. Augustus C. Diaz Br. 5 Hon. Ihmie Michiko C. Gacad-Presto

Br. 38 Hon. Lyn E. Cacha Br. 6 Hon. Jerome U. Jimenez

Br. 39 Hon. Juvenal N. Bella Br. 7 Hon. Carissa Anne O. Manook - Frondozo

Br. 40 Hon. Josephus Joannes H. Asis Br. 23 Hon. Maria Zoraida S. Zabat Tuazon

Br. 41 Hon. Analie B. Oga-Brual Br. 10 Hon. Manuel Gerard C. Tomacruz

Br. 42 Hon. Juris S. Dilinila Callanta Br. 30 Hon. Glenda R. Mendoza- Ramos

Br. 43 Hon. Ana Marie T. Mas Br. 12 Hon. Anne Perpetual S. Rivera-Sia

II. Beginning 16 February 2015, upon filing of all civil cases, including small claims cases, and violations of B.P. 22 cases before the Assisted Courts, the Offices of the Clerk of Court (OCCs) of the Assisted Courts shall require the parties to provide their landline or mobile phone numbers and email addresses, which shall form part of the official records of these cases. Said cases shall then be raffled in their respective stations in accordance with existing rules. The Clerks of Court of the OCCs of the Assisted Courts shall immediately distribute the case records to the branches to which the cases have been raffled for recording. Thereafter, the case records shall be transmitted back to the OCCs of the Assisted Courts, and then forwarded to the OCC of the Assisting Courts, for distribution to their counterpart Assisting Court. The case records shall have two (2) covering Transmittal Forms, one (1) for civil and small claims cases (Annex "A"), and one (1) for violations of B.P. 22 cases (Annex "B"), which shall be accomplished in duplicate. A copy of the transmittal form for violations of B.P. 22 cases shall be sent by the OCC of the Assisting Courts to the Office of the Prosecutor in their station.

III. In urgent cases that require immediate action, the Executive Judge of the Assisted Court station where the case was filed may act on urgent temporary reliefs prayed for, as provided under the Rules of Court, before the case is forwarded to the Assisting Court to which it has been assigned.

IV. The caption of these newly-filed cases must include the identities of both the Assisted and Assisting Courts, to wit:

REPUBLIC OF THE PHILIPPINES METROPOLITAN TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION BRANCH _______ CITY OF MANILA

For

BRANCH_______ CITY OF MAKATI/QUEZON CITY

V. Where an Assisting Court judge is disqualified or voluntarily inhibits from the case, or when Judicial Dispute Resolution (JDR) fails, the records shall be transmitted to the Executive Judge of the Assisting Court station, who shall then conduct a special raffle among the other Assisting Courts handling cases from the same Assisted Court station. The OCC of the Assisted Court shall be furnished a copy of the Order of Inhibition or the Order terminating the JDR for failure to arrive at an amicable settlement, and the calendar of re-raffled cases.

VI. The branch clerks of court of the Assisting Courts shall issue the corresponding summons and notices to the parties, which shall include a notice that all proceedings of the case until its termination are to be conducted in the Assisting Courts.

VII. The Sheriff's Trust Fund (STF) for the transmitted civil cases shall be taken from the filing fees paid to the Assisted Courts. The judges of the Assisting Courts shall approve the estimated travel expense and cost of service submitted by the sheriffs of the Assisting Courts and issue the order to release the STF to these sheriffs. The STF shall be released and liquidated in accordance with existing rules and procedure.

VIII. Any motion for reconsideration shall be filed with the Assisting Court within the time allowed by the Rules of Court.

IX. Appeals from the judgment or final order of the First Level Assisting Court shall be taken to the Second Level Court of the Assisted Court station.

X. If no appeal or motion for reconsideration is filed within the time prescribed by the Rules of Court, the case records shall be forwarded from the Assisting Court to the OCC of the Assisting Court, and thereafter transmitted to the Assisted Court for execution. The judgment or final order shall be entered by the branch clerk of court of the Assisted Court in its book of entries of judgment.

XL However, where the civil action in violations of BP 22 cases has been decided by the Assisting Court, the judgment shall likewise be executed by the Assisting Court. The criminal action, which may be provisionally dismissed or archived, shall also be heard by the same Assisting Court upon revival within the period of this Project.

XII. Records of provisionally dismissed or archived cases by the Assisting Courts shall remain with them until the termination of this Project, whereupon the records of the cases shall be transmitted back to the Assisted Courts.

XIII. For reporting purposes, the Assisted Courts shall indicate in their monthly report forms the cases forwarded to the Assisting Courts. The Assisting Courts, on the other hand, shall maintain a separaten monthly report form for cases forwarded to them by the Assisted Courts.

XIV. The transmittal of case records, pleadings, decisions, and other court documents from the Assisted Court to the Assisting Courts and vice versa, shall generally be done every Friday.

XV. The Guidelines for Litigation in Quezon City Trial Courts (A.M. No. 11-6-10-SC), Rules 22 and 24 of the proposed Revised Rules of Civil Procedure (A.M. No. 14-03-02-SC), and OCA Circular No. 01-2015 (Implementation Of Sections 11 and 22 Of The Guidelines For Decongesting Holding Jails By Enforcing The Rights of Accused Persons To Bail And To Speedy Trial [A.M. No. 12-11-12-SC] in Relation With The Full Roll Out Of Hustisyeah! In Hustisyeah! Courts [AM. No. 13-04-11-SQ) shall be observed by the Assisting Courts, where applicable.

This circular amends OCA Circular No. 10-2015 dated 22 January 2015.

For strict compliance.

11 February 2015

(SGD.) JOSE MIDAS P. MARQUEZ Court Administrator