[ SC ADMINISTRATIVE CIRCULAR NO. 61 -2001, December 10, 2001 ]

[ SC ADMINISTRATIVE CIRCULAR NO. 61 -2001, December 10, 2001 ]

[ SC ADMINISTRATIVE CIRCULAR NO. 61 -2001, December 10, 2001 ]

TO : ALL JUDGES, CLERKS OF COURT, AND OFFICERS-IN-CHARGE OF THE COURT OF TAX APPEALS, REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARIA DISTRICT COURTS AND SHARIA CIRCUIT COURTS

SUBJECT : REVISED RULES, GUIDELINES AND INSTRUCTIONS ON ACCOMPLISHING MONTHLY REPORT OF CASES

In the interest of effective administrative supervision of lower courts and to enable the Supreme Court to have a better information on the movement of cases in specific courts, it is imperative to enhance the present court reporting system by revising or modifying the existing Monthly Report of Cases being submitted by the lower courts per Administrative Circular No. 4-95 dated 16 January 1995.

In the accomplishment of the revised Monthly Report of Cases, hereafter known as Revised SC Form No. 1, copy of which is hereto attached as integral part hereof, the following rules, guidelines and instructions are required to be strictly observed by all concerned:

RULES

The revised SC Form No. 1 shall be the official form for the use by the lower courts in the submission of their monthly statistical reports of cases.

At the end of each month and with the assistance of the clerks in charge of criminal, civil and other cases, the Revised SC Form No. 1 must be accomplished in triplicate and certified under oath as true and correct by the clerk of court, branch clerk of court or officer-in-charge. The presiding judge must also certify to the correctness of the report and indicate in the space provided for whether he is the regular judge or acting/pairing judge.

The duplicate of the report should be kept on file by the concerned court, and the triplicate is to be submitted to the executive judge for his appraisal and compilation. The original copy of the report, together with lists of cases filed, raffled, disposed of, archived, transferred or re-raffled, or those with suspended proceedings per Administrative Circular No. 1-2001 dated 2 January 2001, must be filed with, or sent by registered mail to, the Supreme Court on or before the tenth (10th) calendar day of the succeeding month, addressed to

The Chief Statistical Reports Division Court Management Office Office of the Court Administrator Supreme Court of the Philippines Taft Avenue, Ermita, Manila 1000

Failure to submit the Revised SC Form No. 1 as required in the preceding paragraph shall warrant the withholding of salaries of those concerned without prejudice to whatever administrative sanction the Supreme Court may impose on them. Mere submission of proof of mailing does not relieve those concerned of their obligation to comply herewith.

In case of loss of the Revised SC Form No. 1 while on transit, the court concerned must, upon notice by the Statistical Reports Division, CMO, of non-receipt thereof, send immediately to the said division a certified copy of the lost or missing report, including its annexes.

Submission of the Revised SC Form No. 1 is a requirement separate and distinct from other reports required by the Supreme Court.

GUIDELINES AND INSTRUCTIONS

Mark "X" the box which is applicable to the court accomplishing the report.

Indicate the particular branch, station or province and the month and year.

Fill in Columns 1 to 9 of Item No. I (Number of Pending Cases at the Beginning of the Month) based on the number of pending cases at the end of the month immediately preceding the month being prepared.

Note No. 1: In computing the GRAND TOTAL of cases under Column 9, add only the number of cases under Columns 1, 2, 3, 4, 5, 6, 7 and 8. EXCLUDE from the said computation the following: (a) cases under the Columns 1-2-A, 1-2-B, 1-2-C, 1-2-D, 1-2-E, 1-2-F and 1-2-G, since they form part of the number of criminal cases under Columns 1 and 2; (b) cases under Column 3-A being part of the total number of ordinary civil cases under Column 3; and (c) the cases under Columns 5-A and 5-B, as they are part of the total number of special proceedings under Column 5.

CASE INFLOW refers to the movement of cases added to the pending cases at the beginning of the month which are classified as new cases filed or raffled; revived or reopened cases; or cases received from other salas or branches due to inhibition by judges or change of venue.

Note No. 2: Before filling in Item No. II-A (Number of New Cases Filed or Raffled), the specific branch or sala should indicate under the appropriate Columns of Item No. II-A-1 which of the new cases are within its original jurisdiction. The RTC as an appellate court should indicate under the proper Columns of Item No. II-A-2 which of the new cases filed or raffled are appealed from 1st level courts. The municipal judge as investigating officer must indicate under the relevant Columns of Item No. II-A-3 which of the new criminal cases filed or raffled are for preliminary investigation.

(4-a) The number of cases to be filled in Item No. II-A (Number of New Cases Filed or Raffled) under Columns 1 to 8 are the respective sum totals of the cases falling within the court's original jurisdiction as indicated in Item No. II-A-1 plus the appealed cases as shown in Item No. II-A-2 ( if an appellate court ) and the criminal complaints for preliminary investigation appearing in Item No. II-A-3 ( for some municipal judges only ). For example: the figure to be indicated under Column 1 of Item No. II-A is the sum total of the cases in Item Nos. II-A-1, II-A-2 and II-A-3, same Column. Following the guidelines set forth in Note No. 1 , indicate the subtotal of the new cases filed or raffled under Column (9).

(4-b) Fill in Columns 1 to 8 of Item No. II-B (Number of Cases Revived or Reopened) and Item No. II-C (Number of Cases Received from the Other Salas or Branches), then indicate the respective are subtotals thereof under Column 9. Cases subject of Item No. II-B those cases which have been decided or resolved but reopened for re-tnal and those cases retrieved from the archives due to the apprehension of the accused or the filing of the Answer by defendant. Cases subject of Item No. II-C are those cases transferred from coequal courts due to inhibition of judges or change of venue . The guidelines set forth in Note No. 1 should be observed.

(4-c) Fill in Columns 1 to 8 of Item No. II (Total Number of Cases Added) by summing up all the number of cases under the respective Columns of Item Nos. II-A, II-B and II-C, and then indicate the GRAND TOTAL thereof under Column 9. For example: the figure to be indicated under Column 1 of Item No. II is the sum total of the cases of Item Nos. II-A, II-B and II-C, same Column. The guidelines set forth in Note No. 1 should be followed.

CASE OUTFLOW refers to the movement of cases deducted from the total of the number of cases in Item No. I (Number of Pending Cases at the Beginning of the Month) and Item No. II (Total Number of Cases Added) which are classified as cases decided or resolved, dismissed, or with judgment rendered on the pleadings, and the like; cases archived; and cases transferred to other salas or branches due to the inhibition of the presiding judge or change of venue. Cases with suspended proceedings are not included in the outflow of cases.

Note No. 3: Before filling Item No. III-A, the following should be indicated under the respective Columns:

Item No. III-A-1: the number of cases that were decided or resolved after trial on the merits;

Item No. III-A-2: the cases that were resolved or dismissed through compromise agreement of the parties, plea of guilty by the accused, summary judgment, judgment on the pleadings, dismissal for lack of interest or failure to prosecute the case, and the like;

Item No. III-A-3: the number of criminal complaints that has been resolved after conducting a preliminary investigation.

(5-a) The Number of cases to be filled in Item No. III-A (Number of Cases Decided or Resolved) under Columns 1 to 8 are the respective sum totals of the cases decided or resolved after trial on the merits as indicated in Item No. III-A-1 plus the cases resolved or dismissed after conducting the preliminary investigation as shown in Item No. III-A-3 (for some municipal judges). For example : the figure to be entered under Column 1 of Item No. III-A is the sum total of the cases of Item Nos. III-A-1, III-A-2 and III-A-3, same Column. Observing the guidelines set forth in Note No. 1 , indicate the subtotal of the number of decided resolved cases under Column 9.

(5-b) Fill in Columns 1 to 8 of Item No. III-B (Number of Cases Archived) and Item No. III-C (Numbers of Cases Transferred to Other Salas or Branches), and then indicate the respective subtotals thereof under Column 9. The number of cases to be filled in the said columns are the corresponding sums of archived cases and cases transferred to other salas or branches due to inhibition or change of venue. The guidelines set forth in Note No. 1 should be followed.

(5-c) Fill in Columns 1 to 8 of Item No. Ill (Total Number of Cases Deducted) by summing up all the cases under the respective columns of Item Nos. III-A, III-B and III-C, and then indicate the GRAND TOTAL thereof under Column 9. For example: the figure to be entered under Column 1of Item No. III-C, same Column. The guidelines set forth in Note No. 1 should be observed.

In obtaining the number of cases under Columns 1 to 8 of Item No. IV (Number of Pending Cases at the End of the Month), subtract the cases under the Columns of Item No. III from the sum of the cases under the corresponding Columns of Item No. I and Item No. II. Following the guidelines indicated in Note No. 1, indicate the GRAND TOTAL thereof under Column 9.

N.B.: To check the correctness of the GRAND TOTAL of pending cases at the end of the month appearing in Item No. IV under Column 9, ADD the number of cases under the same Column of Item No. I to the number of cases in Item No. II. SUBTRACT the number of cases under Column 9 of Item No. Ill from the sum of the cases in Item Nos. I and II. The difference must be the same as the number of cases appearing under Column 9 of Item No. IV.

Fill in Item No. V (Number of Cases with Proceedings Suspended) if at the end of the month there are cases wherein the proceedings were suspended due to petition for review on certiorari, petition for investigation, prejudicial question, mental examination or rehabilitation of an accused, the like. Include all cases which were suspended prior to the month being reported, but these cases should not be deducted from the total cases pending at the end of the month.

In filling up Item No. VI (List of Cases Submitted for Decision But Not Yet Decided at the End of the Month) where all the data needed must be indicated, include all cases with unresolved motions which may determine the disposition of the cases, e.g., Motion to Dismiss on Demurrer to Evidence, Patent non-indication of undecided cases or unresolved motions is tantamount to falsification of official document.

AGING OF PENDING CASES (Item No. XI) refers to the period a case has been pending from the time of its filing or raffling up to the end of the month being reported. The total pending cases should tally with the GRAND TOTAL of cases indicated in Item No. IV under Column 9.

Item Nos. VII, VIII, IX, X, XII, XIII and XIV are self-explanatory.

The Revised SC'Form No. 1 must be subscribed and sworn to by the Clerk of Court, Branch Clerk of Court or Officer-in-Charge, as the case may be, before the Executive Judge or Vice Executive Judge, or, in case of unavailability of both, before the Presiding Judge of the station nearest to his/her court. The Presiding Judge or Acting Presiding Judge shall certify the same as correct.

Strict compliance herewith is enjoined.

REPEALING CAUSE

Administrative Circular No. 4-95 dated 16 January 1995 is hereby repealed and superseded by this Administrative Circular.

EFFECTIVITY

This Administrative Circular shall take effect on the first day of January 2002, and the revised SC Form No. 1 (Monthly Report of Cases) herein prescribed shall be used starting January 2002.

Issued this 10th day of December 2001. in the City of Manila.

(Sgd.) HILARIO G. DAVIDE, JR.

Chief Justice