manualAppendices

Appendices

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APPENDICES

APPENDIX �A�

SUPREME COURT ISSUANCES

ADMINISTRATIVE ORDER NO. 74 tc "ADMINISTRATIVE ORDER NO. 74"

TO: �� ALL CLERKS OF COURT OF THE COURTS OF FIRST INSTANCE AND THE CIRCUIT CRIMINAL COURTS

Quoted hereunder for your guidance and appropriate action, is Administrative Order No. 74, dated December 12, 1975 of this Court:

�In the interest of the administration of justice and with the view to prevent � the erroneous release of prisoners detained at the New Bilibid Prison, Muntinlupa , Rizal , all Clerks of Courts of the Courts of First Instance, Circuit Criminal Courts, City and Municipal Courts are hereby directed to formally inform the Bureau of Prisons and the Board of Pardons and Parole, Department of Justice, all pending cases and/or appeals made in cases involving prisoners detained at the New Bilibid Prison and to furnish the said Bureau of Prisons and the Board of Pardons and Parole with certified true copies of the complaint or information, the decision rendered by the trial court or the appellate court, in case of appeal, together with the order of commitment to prison in all cases of conviction and in appeals without bail. In case an appeal is filed after the commitment order has been forwarded to the New Bilibid Prison, the Director of Prisons should be informed of the fact immediately by the clerk of court concerned. The information and the documents should be transmitted to the aforenamed offices within a period of fifteen (15) days from the date of the promulgation of the decision for purposes of completing and updating the records of the prisoners involved in such cases.

�This Administrative Order shall take effect immediately.

� Manila , December 12, 1975.

( Sgd .) QUERUBE C. MAKALINTAL

Acting Chief Justice� ��

Strict compliance with the afore-quoted Administrative Order is hereby enjoined.

Manila , December 12, 1975.

( Sgd .) RICARDO C. PUNO ��

Acting Judicial Consultant

_________________________________________

ADMINISTRATIVE CIRCULAR No. 12 tc "ADMINISTRATIVE CIRCULAR No. 12"

TO: �� ALL JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL COURTS, ME TRO POLITAN TRIAL COURTS, and MUNICIPAL TRIAL COURTS IN CITIES

SUBJECT: �� Guidelines and procedure in the service and execution of court writs and processes in the reorganized courts

For the purpose of streamlining the service and execution of court writs and processes in the reorganized courts under Batas Pambansa Blg . 129, otherwise known as �The Judiciary Reorganization Act of 1980�, and to better serve the public good and facilitate the administration of justice, the Court sets forth hereunder the following guidelines:

1. �� All Clerks of Court, who are also ex-officio sheriffs, and/or their deputy sheriffs shall serve all court processes and execute all writs of their respective courts within their territorial jurisdiction;

2. �� All Clerks of Court of the Metropolitan Trial Courts and Municipal Trial Courts in Cities, and/or their deputy sheriffs shall serve all court processes and execute all writs of their respective courts within their territorial jurisdiction;

3. �� The judge of the Regional Trial Court, Metropolitan Trial Court, and the Municipal Trial Court in Cities, in the absence of the deputy sheriff appointed and assigned in his sala , may at any time designate any of the deputy sheriffs in the office of the Clerk of Court. � However, the said judge shall not be allowed to designate the deputy sheriff of another branch without first securing the consent of the Presiding Judge thereof;

4. �� All sheriffs and deputy sheriffs shall, submit a report to the judge concerned on the action taken on all writs and processes assigned to them within ten (10) days from receipt of said process or writ. � Said Report shall form part of the records of the case;

5. �� No sheriff or deputy sheriff shall execute a court writ outside his territorial jurisdiction without first notifying in writing, and seeking the assistance of, the sheriff of the place where the execution shall take place;

6. �� No sheriff or deputy sheriff shall act as special deputy sheriff of any party litigant;

7. �� The judge may be allowed to designate or deputize any person to serve court processes and writs in remote areas in the absence of the regular sheriff thereat;

8. �� The sheriff is primarily responsible for the speedy and efficient service of all court processes and writs originating from his court and the branches thereof, and those that may be delegated to him from other courts. � He shall submit to the Office of � the Court Administrator, Supreme Court, a monthly report which shall indicate therein the number of writs and processes issued and served, as well as the number of writs and processes unserved , during the month, and the names of deputy sheriffs who executed each writ. � Unserved writs and processes shall be explained in the report.

These guidelines and procedures shall take effect immediately.

October 1, 1985.

Very truly yours,

( Sgd .) GLORIA C. PARAS

Clerk of Court ��

_________________________________________

ADMINISTRATIVE CIRCULAR NO. 13 tc "ADMINISTRATIVE CIRCULAR NO. 13"

TO: �� ALL EXECUTIVE JUDGES AND JUDGES OF THE ME TRO POLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS

SUBJECT: �� Guidelines and Procedures in the Issuance of Search Warrants

Under Administrative Order No. 6 of this Court, dated June 30, 1975, the Executive Judge derives his powers and prerogatives through delegation thereof by this Court- some of which are to improve judicial services, in coordination with court related government agencies, and to further provide leadership in the management of all courts within his area of administrative supervision.

As a measure to better serve the public good and to facilitate the administration of justice, the Court is prescribing hereunder the guidelines in the issuance of search warrants:

1. �� All applications for search warrants, if filed with the Executive Judge, shall be assigned, by raffle, to a judge within his administrative area, under whose direction the search warrant shall be issued for the search and seizure of personal property;

2. �� After the application has been raffled and distributed to a branch, the judge who is assigned to conduct the examination of the complainant and witnesses should 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;

3. �� Raffling shall be strictly enforced, except only in cases where an application for search warrant may be 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 is required to certify under oath the urgency of the issuance thereof after office hours, or during Saturdays, Sundays and legal holidays;

4. �� If, in the implementation of the search warrant, properties are seized thereunder and the corresponding case is filed in court, said case shall be distributed by raffle conformably with Circular No. 7, dated September 23, 1974, of this Court, 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.

5. �� New applications .- 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 procedures should be strictly observed:

a. �� A warrant may be issued for the search and seizure of personal property - 1) subject of the offense; 2) stolen or embezzled or are the proceeds or fruits of an offense; and 3) used or intended to be used as the means of committing an offense;

b. �� A warrant shall not issue but upon probable cause in connection with one specific offense to be determined by the judge or such other responsible officer authorized by law 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 to be searched and the things to be seized so that they could be properly identified;

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 any affidavits submitted;

d. � �� If the judge is thereupon satisfied of the existence of facts upon which the application is based, or that there is probable cause to believe that they exist he must issue the warrant, which must be substantially in the form prescribed by the Rules;

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;

f. �� In every court, there shall be a log book 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;

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 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 (2) 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; and

h. � �� The return on the search warrant shall be filed and kept by the 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.

This circular shall take effect immediately from receipt of notice. Melencio -Herrera and Relova , JJ ., are on leave. �

October 1, 1985

Very truly yours,

( Sgd .) � GLORIA C. PARAS

�� Clerk of Court ��

_________________________________________

CIRCULAR NO. 10 tc "CIRCULAR NO. 10"

TO: � �� ALL JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL COURTS, ME TRO POLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI'A DISTRICT COURTS AND SHARI'A CIRCUIT COURTS

SUBJECT: �� DISPOSITION OF RECORDS OF CASES IN MATTER OF INHIBITION AND/OR REQUEST FOR CHANGE OF VENUE OF CASES

It has come to the attention of the Court that Judges and Clerks of Court, in the matter of inhibition and/or change of venue, continue to transmit the records of such cases notwithstanding the guidelines laid down by this Court in Circular No. 14, dated November 15, 1978.

The aforesaid Circular, with the aim to avoid the needless moving of the records in order to prevent the possibility of the records being lost in transit provides:

�I. In Courts of First Instance, Circuit Criminal Courts, Juvenile and Domestic Relations Courts, Courts of Agrarian Relations and City Courts. � The order of inhibition and/or request for change of venue shall be forwarded to this Court for appropriate action without the record of the cases concerned which shall be kept in their respective courts to await the instruction and/or action of this Court thereon.

x x x �� x x x �� x x x

�II. In Municipal Circuit Courts.� The Municipal Circuit Judges and/or Clerks of Court concerned shall forward the order of inhibition to the Executive Judge who has administrative supervision over his court for appropriate action pursuant to Administrative Order No. 6, dated June 30, 1975.�

ACCORDINGLY, all judges and clerks of court, whether in single sala or multiple salas are hereby directed to observe the following guidelines in matters of inhibition:

1. �� With respect to single sala courts, only the order of inhibition shall be forwarded to the Supreme Court for appropriate action. � The records of the case shall be kept in the docket of the court concerned while awaiting the instruction and/or action of the Supreme Court thereon; and

2. �� With respect to multiple sala courts, only the order of inhibition shall be forwarded to the Executive Judge for appropriate action. � The records of the case shall be kept in the docket of the court concerned while awaiting the instruction and/or action of the Executive Judge thereon.

Strict compliance is hereby enjoined.

May 22, 1987.

( Sgd ). CLAUDIO TEEHANKEE

Chief Justice ��

_________________________________________

CIRCULAR NO. 19

TO: �� ALL JUDGES OF THE REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS

SUBJECT: �� AMENDED GUIDELINES AND PROCEDURES ON APPLICATIONS FOR SEARCH WARRANTS FOR ILLEGAL POSSESSION OF FIREARMS AND OTHER SERIOUS CRIMES FILED IN MANILA COURTS WITH MULTIPLE SALAS.

This Court has received reports of delay while awaiting raffles, in acting on applications for search warrants in the campaign against loose firearms and other serious crimes affecting peace and order. There is a need for prompt action on such applications for search warrant. Accordingly, these amended guidelines in the issuance of a search warrant are issued:

1. All applications for search warrants relating to violations of the Anti-subversion Act, crimes against public order as defined in the Revised Penal Code, as amended, illegal possession of firearms and/or ammunitions and violations of the Dangerous Drugs Act of 1972, as amended, shall no longer be raffled and shall immediately be taken cognizance of and acted upon by the Executive Judge of the Regional Trial court, Metropolitan Trial Court and Municipal Trial Court under whose jurisdiction the place to be searched is located.

2. In the absence of the Executive Judge, the Vice-Executive Judge shall take cognizance of and personally act on the same. In the absence of the Executive Judge or Vice-Executive Judge, the application may be taken cognizance of and acted upon by any judge of the Court where the application is filed.

3. 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 is issuance is urgent.

4. Any judge acting on such application shall immediately and without delay personally conduct the examination of the applicant and his witnesses to prevent the possible leakage of information. He shall observe the procedures, safeguards, and guidelines for the issuance of search warrants provided for in this Court�s Administrative Circular No. 13, dated October 1, 1985.

5. This Circular shall take effect immediately.

Please be guided accordingly.

August 4, 1987.

( Sgd .) CLAUDIO TEEHANKEE

Chief Justice ��

_________________________________________

ADMINISTRATIVE CIRCULAR NO. 1 tc "ADMINISTRATIVE CIRCULAR NO. 1"

TO �� : �� THE COURT OF APPEALS, THE SANDIGANBAYAN, THE COURT

OF TAX APPEALS, REGIONAL TRIAL COURTS, ME TRO POLITAN

TRIAL COURTS, MUNICIPAL TRIAL COURTS � IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL � CIRCUIT TRIAL COURTS, � SHARI'A

DISTRICT COURTS � AND SHARI'A CIRCUIT COURTS

SUBJECT �� : �� IMPLEMENTATION OF SEC. 12, ART. XVIII OF THE 1987

CONSTITUTION

Pursuant to Sec. 12, Art. XVIII of the 1987 Constitution mandating the adoption of a systematic plan to expedite the decision or resolution of cases or matters pending in the Supreme Court and the lower courts prior to the effectivity of the Constitution on February 2, 1987, the following directives must be complied with strictly by all concerned.

1. � Effective Docket Control:

1.1 � All presiding judges of trial courts must, upon assumption of office, and every semester thereafter on June 30th and December 31st of every year conduct a physical inventory of their dockets for the purpose of determining the actual number of cases pending in their salas .

1.2 � An inventory shall be prepared to indicate the cases pending trial, the cases submitted for decision and the cases that have been archived. Copy of such inventory shall be submitted to the Supreme Court through the Court Administrator within thirty (30) days from receipt of this Circular and the Inventory Form.

1.3 � The Presiding Judge and the Clerk of Court shall initial the Records or Rollos of each case to indicate the date of actual inventory. The inventory shall include a list of cases submitted for decision, indicating the title and case number and the date of filing of said case. An updated inventory is to be submitted to the Supreme Court every six (6) months thereafter as required in Paragraph 1.1 hereof.

1.4 � Preference in Disposition.� All cases or matters submitted for decision or resolution � before the effectivity of the Constitution shall be given preference by the presiding judge in his disposition of his docket.

2. Maximum Use of Judge Time and Effective Court Management:

2.1 � All Presiding Judges are directed to comply strictly with the guidelines established in Circular No. 13, July 1, 1987, on punctuality and observance of office hours, effective use of pre-trial and discovery procedures, effective management of trials, the availment of annual conferences.

2.2 � A strict policy on postponements should be observed to avoid unnecessary delays in court proceedings. Faithful adherence to Secs . 3, 4 and 5 of Rule 22, Rules of Court should be observed.

2.3 � The preparation of the court calendar should not be left entirely in the hands of the clerk of court, but must be closely supervised by the Presiding Judge. A rational calendar plan should be followed so that each case in the calendar is assured of a hearing on the scheduled day of trial.

2.4 � The Presiding Judge must have a calendar of cases submitted for decision, noting the exact day, month and year when the 90-day period is to expire. As soon as a case is submitted for decision, this must be noted in the calendar of the Judge, the records duly collated with the Exhibits and trial notes of the judge, and placed in the judge's chambers.

3. Prompt Action on Dilatory Petitions to Delay Enforcement of Executory Judgments:

3.1 � It has become a common practice for litigants to file dilatory petitions for certiorari and prohibition with prayer for a restraining order or writ of preliminary injunction in order to delay or thwart enforcement of final and executory judgments of both the regional trial court or of the other inferior trial courts.

3.2 � Where such petitions are filed, the court concerned should exercise the greatest restraint to avoid delay in the enforcement of final and executory judgments. Attention is called to Sec. 6, Rule 65 of the Rules of Court which provides that such petition may be given due course only if �sufficient in form and substance.� Hence, summons should not immediately be issued until the Court finds the petition sufficient in form and substance. Only then should the order issued requiring defendant or defendants to answer. Restraining orders or preliminary injunction should not be issued without prior notice and hearing � and showing of a clear right thereto.

4. Redistribution of Pending Cases in Multi- Sala Stations:

4.1 � In multi- sala stations where former incumbents have either retired or were promoted, leaving undecided pending cases of such volume that the present incumbent finds extreme difficulty in attending thereto, the Executive Judge should promptly make a report and recommendation on the equitable redistribution of these cases to the other salas .

4.2 � As much as practicable, the incumbent judges should arrive at an agreement on the matter; otherwise, the matter should be brought to the attention of the Court Administrator for prompt action.

5. Decision-Writing

5.1 � All Presiding Judges must observe scrupulously the periods prescribed in Art. VIII, Sec. 15 of the Constitution.

5.2 � All judges are reminded that the Supreme Court has applied the � Res Ipsa Loquitur � rule in the removal of judges even without any formal investigation whenever a decision, on its face, indicates gross incompetence or gross ignorance of the law or gross misconduct. (See People vs. Valenzuela , 135 SCRA 712; Cathay Pacific Airways vs. Romillo , Jr ., 142 SCRA 262; In re Laureta , 149 SCRA 570)

5.3 � Judges should make complete findings of facts in their decision, and scrutinize closely the legal aspects of the case in the light of the evidence presented. They should avoid the tendency to �generalize and to form conclusion without detailing the facts from which such conclusions are deduced.� (See People vs. Alvero , G.R. No. 69564, Jan. 29, 1988; Pengson vs. IAC , 130 SCRA 289)

6. Motions and Other Interlocutory Matters:

6.1 � All Presiding Judges must endeavor to act promptly on all motions and interlocutory matters pending before their courts.

6.2 � Unless authorized by the Rule, and only in situations of extreme urgency, no motions or other applications for relief should be acted upon ex parte . Delays in court proceedings have often times been due to such ex parte applications, resulting in the aggrieved party having to seek relief from higher courts.

6.3 � All courts from the Court of Appeals down are reminded in the injunction in Habaluyas vs. Judge Japzon , and subsequent cases, G.R. No. 70895, May 30, 1986, 142 SCRA 209 (reiterated in Circular No. 10, August 28, 1986) that no motion for extension of time to file a motion for new trial or reconsideration of judgment or final order shall be allowed. The granting of such prohibited motion for extension shall not preserve the judgment or order from becoming final and executory for lapse of the period to appeal. Such motions for extension may be filed only in the Supreme Court which reserves the right in its discretion to grant or deny the same.

7. Inhibitions and Disqualifications:

7.1 � All judges are reminded that as already pointed out in Circular No. 7, dated November 10, 1980, inhibitions and disqualifications are judicial actions which do not require prior administrative approval.

7.2 � 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.

7.3 � Administrative intervention is also warranted in case of conflict of opinions among the judges as to the propriety of the inhibition.

8. Raffle of Cases:

8.1 � Raffle of cases should be done in open session in the presence of lawyers and spectators, immediately after the court opens its sessions.

8.2 � The Minutes of the Raffle should be distributed within 24 hours after completion thereof to the judges of the other salas , and a copy sent to the Office of the Court Administrator.

8.3 � Special raffles should not be permitted except on verified application of the interested party who seeks issuance of a provisional remedy and only upon a finding by the Executive Judge that unless the special raffle is conducted, irreparable damage shall be suffered by the applicant. The special raffle shall be conducted by at least two judges in a multiple- sala station.

8.4 � There must be strict compliance with Administrative Order No. 6, dated June 30, 1975 and Circular No. 7, dated September 23, 1974 requiring that no case may be assigned in multi- sala courts without raffle; a raffle committee composed of the Executive Judge and two other judges shall be constituted where practicable, raffle proceedings should be stenographically recorded, and the results signed by the Judges or their representatives and the Clerk of Court, and the branch assignment shall be recorded in words and figures on the Rollo .

9. Bar Relations:

9.1 � All Executive Judges shall conduct dialogues and conferences at least once every semester with the officers of the Integrated Bar Chapter in their respective jurisdictional areas.

9.2 � At this conference, the Executive Judge shall discuss with the IBP Officers problems confronting the lawyers, and examine approaches and solutions to enable both the court and the bar to assist each other in the speedy resolution of pending cases.

10. Maintaining Public Confidence in the Courts:

10.1 All judicial efforts should be addressed towards maintaining public confidence in the courts.

10.2 As we enjoined in Circular No. 13, dated July 1, 1987, �all trial judges should endeavor to conduct themselves strictly in accordance with the mandate of existing laws and the Code of Judicial Ethics that they be exemplars in their communities and the living personification of justice and the Rule of Law.�

10.3 The reduction of case loads would be an efficacious design to strengthen public confidence in the Courts. All efforts should be exerted so that case disposals should exceed case inputs. Whenever obstacles present themselves which delay case disposition, the Presiding Judge should immediately call the attention of the Supreme Court through the Court Administrator when the situation requires remedies beyond the control or capability of the judges.

11. Deadlines for Decisions for all Cases filed after February 2, 1987.

11.1 All courts are reminded of the mandatory provisions of Article VIII, Section 15 of the Constitution setting deadlines for determination and adjudication of cases filed thereunder and for issuance of a Certification by the Presiding Judge stating the reason why a decision or resolution has not been rendered or issued within the deadline period. The provisions are hereinbelow reproduced for ready reference:

� Sec . 15. (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate courts, and three months for all other lower courts.

�(2) A case or matter should be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself .

�(3) Upon the expiration of the corresponding period, a certification to this effect signed by the Chief Justice or the Presiding Judge shall forthwith be issued a copy thereof attached to the record of the case or matter, and served upon the parties. The certification shall state why a decision or resolution has not been rendered or issued within said period.

�(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to such responsibility as may have been incurred in consequence thereof, shall decide or resolve the case or matter submitted thereto for determination, without further delay.�

12. Publication:

12.1 Let the Clerk of Court distribute this Circular among all courts and the Integrated Bar of the Philippines and cause the publication thereof in the Official Gazette, as well as distribute copies thereof to the media for their dissemination.

January 28, 1988.

( Sgd .) CLAUDIO TEEHANKEE

Chief Justice ��

_________________________________________

CIRCULAR NO. 1-88

TO �� : �� ALL MEMBERS OF THE BAR

SUBJECT �� : �� IMPLEMENTATION OF SEC. 12, ART. XVIII OF THE

1987 CONSTITUTION AND COMPLEMENTING ADMINISTRATIVE CIRCULAR NO. 1 OF JANUARY 28, 1998 ON EXPEDITIOUS DISPOSITION OF CASES PENDING IN THE SUPREME COURT

Considering the provisions of Section 12, Article XVIII of the 1987 constitution, mandating the adoption of a systematic plan to expedite the decision or resolution of cases or matters pending in the Supreme Court and complementing Administrative Circular No. 1 of January 28, 1988, the Supreme Court, effective January 1, 1989, will entertain only petitions that comply strictly with the pertinent provisions of the Rules of Court, more particularly the following:

(1) Payment of docketing and other fees .� Section 1 of Rule 45 requires that petitions for review be filed within the prescribed period paying at the same time the required fees. Unless exempted by law or rule, such fees must be fully paid at the time of the filing of the petition; otherwise, the Court may deny the petition outright. The same rule shall govern petitions under Rule 65.

PETITION FOR REVIEW ON CERTIORARI Under Rule 45

Docket Fee �� P �� 48.00

Docket Fee (Judiciary Fund) �� 48.00

Legal Research Fund Fee �� 20.00

TOTAL �� P �� 116.00

SPECIAL CIVIL ACTION Under Rule 65

Docket Fee �� P �� 48.00

Docket Fee (Judiciary Fund) �� 48.00

Legal Research Fund Fee �� 20.00

Deposit for Sheriff�s Fee �� 100.00

Sheriff�s Fee (Judiciary Fund) �� 100.00

Clerk�s Commission �� 00.50

TOTAL �� P �� 316.50

If a restraining is prayed for in connection with the petition for review on certiorari under Rule 45, the sheriff�s fees prescribed for special civil actions under Rule 65 in the aggregate amount of P200.00 shall also be paid.

If the petition involves more than one case, the docket and legal research fund fees will be multiplied by the number of cases. Payment should be made in cash, postal money order, bank manager�s or cashier�s check.

(2) Service of copies of the petition.� The Court shall not act on the petition under Rule 45 without proof of service of a copy thereof on the lower court concerned and on the adverse party. Henceforth, the petition may be denied outright if there is no such proof of service in accordance with Sections 3, 5 and 10 of Rule 13 attached tot he petition when filed. (See attached form of Affidavit of Service, Annex �A�);

(3) The copies of the judgment or resolution sought to be reviewed .� Petitions filed with the Supreme Court, whether Rule 45, Rule 65, R.A. No. 5440 or P.D. 1606, shall be accompanied by a clearly legible duplicate original or certified true copy of the decision, judgment, resolution or order subject thereof, and the requisite number of plain copies thereof. The certification shall be accomplished by the proper Clerk of Court or by his duly authorized representative or by the proper officer of the board, commission, or office involved, or by his duly authorized representative. Certification by the parties themselves, their counsel or any other person shall be allowed. Non-compliance with the se requirements shall be a ground for dismissal.

(4) Verified statement of material dates .� A petition under rule 45 or 65 shall in all cases contain a verified statement of the date when notice of the denial thereof was received; otherwise, the petition may be dismissed.

(5) Effect of subsequent compliance .� Subsequent compliance with the above requirements will not warrant reconsideration of the order of dismissal unless it be shown that such non-compliance was due to compelling reasons.

(6) Effectivity of amendments .� This Circular shall take effect on January 1, 1989.

November 8, 1988.

( Sgd .) MARCELO B. FERNAN

Chief Justice ��

Annex �A�

_________________________________________

ADMINISTRATIVE CIRCULAR NO. 57

tc "ADMINISTRATIVE CIRCULAR NO. 57"

TO �� : �� ALL CLERKS OF COURT, DIVISION CLERKS OF COURT OF THE

COURT OF APPEALS, SANDIGANBAYAN AND COURT OF TAX

APPEALS, CLERKS OF COURT AND BRANCH CLERKS OF � COURT OF THE REGIONAL TRIAL COURTS, SHARI'A DISTRICT COURTS, ME TRO POLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI'A CIRCUIT COURTS

SUBJECT �� : �� ISSUANCE OF CERTIFIED TRUE COPIES OF DECISIONS AND

ORDERS

1. � All Clerks of Court, Division Clerks of Court, and Branch Clerks of Court must issue certified true copies of all decisions, resolutions and orders duly signed and promulgated by their respective Courts being initially transmitted and furnished the parties, including orders promulgated in open court.

2. � The practice of merely furnishing the parties plain copies has posed difficulties to parties desiring to file petitions for review whenever the Rules of Court and existing circulars require the submission of certified true copies.

3. � The certified true copies initially furnished the parties upon promulgation of the decision, resolution, orders shall be without cost. � Requests for additional certified true copies shall be complied with upon payment of appropriate legal fees.

This Circular shall be immediately effective on the date of issuance.

November 19, 1989.

( Sgd .) MARCELO B. FERNAN

Chief Justice ��

_________________________________________

ADMINISTRATIVE CIRCULAR NO. 59 tc "ADMINISTRATIVE CIRCULAR NO. 59"

TO �� : �� ALL EXECUTIVE � JUDGES � AND ALL CLERKS OF COURT,

ACTING, AS EX-OFFICIO SHERIFFS OF ALL REGIONAL TRIAL COURTS, SHARI'A DISTRICT COURTS, ME TRO POLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND SHARI'A CIRCUIT COURTS

SUBJECT �� : �� SERVICE OF SUMMONS

Delays in court proceedings have been caused by faulty and erroneous implementation of Section 8, Rule 14, Rules of Court on Substituted Service of Summons.

The Trial Judges of all lower courts, as well as the Clerks of Court in their capacity as Ex-Officio Sheriffs together with the Deputy Sheriffs are reminded of the provision of Section 8, Rule 14, Rules of Court on substituted service as follows:

�Substituted service. � If the defendant cannot be served within a reasonable time as provided in the preceding section, service may be effected (a) by leaving copies of the summons at the defendant's dwelling house or residence with some person of suitable age and discretion then residing therein, or (b) by leaving the copies at defendant's office or regular place of business with some competent person in charge thereof.�

The manner of effecting substituted service as prescribed in Ventura v. Court of Appeals, 156 SCRA 305, must be strictly complied with, thus

�The substituted service should be availed only when the defendant cannot be served promptly in person. � Impossibility of prompt service should be shown by stating the efforts made to find the defendant personally and the failure of such efforts. � The statement should be made in the proof of service. � This is necessary because substituted service is in derogation of the usual method of service.

�Substituted service is a method extraordinary in character, and hence may be used only as prescribed in the circumstances authorized by statute. � Thus, the statutory requirements of substituted service must be followed strictly, faithfully, and any substituted service other than that authorized by the statute is considered ineffective.�

For immediate compliance.

November 19, 1989.

( Sgd .) MARCELO B. FERNAN

Chief Justice ��

_________________________________________

ADMINISTRATIVE CIRCULAR NO. 24-90 tc "ADMINISTRATIVE CIRCULAR NO. 24-90"

TO �� : �� THE PRESIDING JUSTICE AND ASSOCIATE JUSTICES OF THE

COURT OF APPEALS AND THE SANDIGANBAYAN, ALL JUDGES OF THE REGIONAL TRIAL COURTS, ME TRO POLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS, CLERKS OF COURT OF THE COURT OF APPEALS, CLERKS OF COURT OF � REGIONAL TRIAL COURTS, AND INFERIOR COURTS AND COURT STENOGRAPHERS

SUBJECT �� : �� Revised rules on transcription of stenographic

notes and their transmission to Appellate Courts

A great number of �Inherited Cases� (those heard and � tried � by Judges � but � left � undecided � due � to � resignation, �� retirement, and � transfer/promotion to new assignments) has � accumulated � and cannot � be � decided � or resolved � promptly � by � incumbent � Judges appointed or designated to replace their predecessors because � of lack of transcripts of stenographic notes caused by the death � or the � absence of the recording stenographers who have resigned � or retired � and � whose whereabouts are unknown. �� This has delayed review of appealed cases as the records are transmitted without the required transcripts of stenographic notes.

In order to minimize delay in the adjudication of pending cases, the following revised rules on transcription of stenographic notes are hereby promulgated:

1. Clerks of Court and stenographers are enjoined to faithfully comply with Rule 136, Section 17, par . 1, Rules of Court, which is quoted hereunder:

�Section 17. Stenographers � � It shall be � the � duty � of � the stenographer � who has attended a session of Court either � in � the morning � or in the afternoon, to deliver to the Clerk � of � Court, immediately � at the close of such morning or � afternoon � session, all � the notes he has taken, to be attached to the record of � the case, � and it shall likewise be the duty of the Clerk to demand that the stenographer comply with said duty. � The Clerk of Court shall stamp the date on which notes are received by him. �� When such notes are transcribed, the transcript shall be delivered to the Clerk, duly initialed on each page thereof, to be attached to the records of the case.�

2. ( a ) All stenographers are required to transcribe all stenographic notes and to attach the transcripts to the record of the case not later than twenty (20) days from the time the � notes are � taken. �� The � attaching � may be done � by � putting � all � said transcripts in a separate folder or envelope, which will then � be joined to the record of the case.

(b) The � stenographer � concerned shall � accomplish � a � verified monthly � certification as to compliance with this duty. � In � the absence � of such certification or for failure and/or � refusal � to submit it, his salary shall be withheld.

(c) With respect to untranscribed stenographic notes as of � the date � of the effectivity of this Circular all � stenographers � are directed � to submit the transcripts thereof not later than � three (3) months from date of effectivity of this Circular.

3. In pending cases where the provisions of the above Section � 2 have � not � yet � been � complied � with, � the � following � rules �� on transcription in case of appeal shall be observed:

(a) In civil cases appealed from the lower court to the Regional Trial � Court , whether tried under regular or � summary � procedure, the stenographer concerned shall transcribe the � stenographic notes within fifteen (15) days from perfection of appeal.

(b) In appeals to the Court of Appeals from the Regional � Trial Court, whether by record on appeal or by the original record, the stenographers � concerned � shall � transcribe their � notes � of � the proceedings and submit the transcripts to the Judge/Clerk of � the Trial � Court, � who must submit the � transcripts � of � stenographic notes � to � the Clerk of the Court of Appeals within a � period � of thirty (30) days from perfection of the appeal.

(c) In � criminal cases appealed from an inferior court � to � the Regional Trial Court or from the latter to the Court of Appeals, the � stenographers � concerned shall transcribe � the � stenographic notes and file the original and four (4) copies of the transcript with � the � Judge/Clerk of the Trial Court not later � than � twenty (20) � days � from � the � date � he was � directed � by � the � Court � to transcribe � his notes as provided in Section 7, Rule 122 � of � the New � Rules of Criminal Procedure. � The Judge/Clerk of � the � Trial Court � shall � transmit the original and three (3) copies � of � the transcripts � to the Clerk of Court where the appeal is taken � not later � than � ten (10) days from the filing of the same � with � the court of origin.

4. In case a stenographer dies or is � otherwise � incapacitated, his �� untranscribed stenographic notes shall be immediately transcribed by the other stenographers, if this can be done. If not , � and the notes untranscribed involve controverted issues, a rehearing on those points should be ordered.

5. No stenographer shall be allowed to resign from the � service or � allowed to retire optionally without having � transcribed � all transcript � of stenographic notes taken by him. � A � stenographer due for compulsory retirement must submit to the Judge/Clerk � all pending transcribed stenographic notes, three (3) � months � before retirement date.

No � terminal � leave � or � retirement � pay � shall � be � paid � to �� a stenographer without a verified statement that all his transcript of stenographic notes have been transcribed and delivered to � the proper � court, � confirmed � by the Executive Judge � of � the � Court concerned.

6. If, upon the effectivity of this Circular, a stenographer � is still � clearing up his pending transcript of � stenographic � notes after he has compulsorily retired, he shall not be paid � additional compensation.

7. A stenographer shall not be allowed to travel abroad � if � he has pending untranscribed notes, unless otherwise ordered by � the Court upon urgent grounds.

Administrative � Circular � No. 2 dated July 1, 1978 � on � the � same subject is hereby superseded by this Circular which shall � become effective August 1, 1990.

Manila , July 12, 1990.

( Sgd .) MARCELO B. FERNAN

Chief Justice ��

_________________________________________

CIRCULAR No. 13-92

To: �� All Executive Judges and Clerks of Court of the

Regional Trial Courts and Shari'a District Courts.

Subject: � �� Court Fiduciary Funds

Our attention has been called by the Treasurer of the Philippines that collections from bailbonds , rental deposits and other fiduciary collections are being deposited with the Provincial, City and Municipal Treasurers in compliance with Circular No. 5 dated November 25, 1982, issued by then Chief Justice Enrique M. Fernando, which procedure runs counter to the provisions embodied in the General Appropriations Act for Fiscal Year 1992, specifically Sections 4 and 12 of its General Provisions, to wit:

1) Section 4 provides that trust receipts shall be treated as a trust liability of the agency concerned and deposited in an authorized government depository bank or in the National Treasury as the case may be xxx; Provided, xxx, that if the amount is deposited in a savings account, the interest shall accrue to the General Fund and shall be remitted to the National Treasury at the end of each quarter.

2) Section 12 provides that performance bonds and deposits filed or posted by private entities with agencies of the government shall be deposited in an authorized government depository bank as trust liabilities under the name of the agency concerned, the interests thereon and any forfeited amounts to be recorded as income of the General Fund and remitted to the National Treasury.

Conformably herewith, Circular No. 5, dated November 25, 1982, is hereby revoked and declared of no further force or effect. � The following procedure is therefore prescribed in the administration of Court Fiduciary Funds:

Guidelines in Making Deposits

1) Deposits shall be made under a savings account. Current account can also be maintained provided that it is on an automatic transfer of current account from savings.

2) Deposits shall be made in the name of the Court.

3) The Clerk of Court shall be custodian of the Passbook � to � be issued � by � the depository bank and shall � advise � the � Executive Judge � of � the bank's name, branch � and � savings/current � account number.

Guidelines in Making Withdrawals

1) Withdrawal slips shall be signed by the Executive Judge and countersigned by the Clerk of Court.

2) If maintaining a current account, withdrawals shall be made by checks. Signatories on the check shall likewise be the Executive Judge and the Clerk of Court.

All � collections � from � bailbonds , � rental � deposits � and � other fiduciary collections shall be deposited immediately by the Clerk of � Court � concerned, upon receipt thereof, � with � an � authorized government depository bank.

Interests earned on these deposits and any forfeited amounts shall accrue to the General Fund of the government. � Within � two (2) � weeks � after the end of each quarter, the Clerk � of � Court shall � withdraw � such interests and forfeited amounts � and � shall remit � the � same � to � the � National � Treasury � under � a � separate Remittance � Advice, � duplicate copy thereof to be � furnished � the Chief � Accountant � of the Supreme Court for � record � and � control purposes.

No withdrawals, except as specifically provided in the immediately preceeding paragraph, shall be allowed unless there is a lawful order from the Court that has jurisdiction over the subject matter involved.

Only one depository bank shall be maintained and said bank must be formally informed by the Executive Judge as to who are the authorized signatories to the withdrawal slips.

Except in instances specifically mentioned in the immediately succeeding paragraph, all fiduciary collections currently deposited with the local treasurers shall be withdrawn therefrom and deposited with the savings/current accounts maintained by the courts for these collections.

In localities � where � there � are � no � branches � of �� authorized government depository banks or, even if there be a branch but � it is � impractical, � for justifiable reasons, to � maintain � deposits therein, all fiduciary fund collections shall be deposited by the Clerk of Court with the Provincial, City or Municipal � Treasurer. � In either case, the Clerk of Court must first seek a favorable recommendation from the Executive Judge.

Within two (2) weeks after the end of each quarter, all Clerks of Court are hereby required to submit to the Chief Accountant of the Supreme Court a quarterly report indicating the outstanding balance maintained with the depository bank or local treasurer, and the date, nature and amount of all deposits and withdrawals made within such period.

This Circular is effective as of this date.

March 1, 1992.

( Sgd .) JOSUE N. BELLOSILLO

Court Administrator ��

_________________________________________

CIRCULAR NO. 6-93

tc "CIRCULAR NO. 6-93"

TO: �� EXECUTIVE JUDGES, CLERKS OF COURT, AND DEPUTY SHERIFFS OF

ALL TRIAL COURTS

SUBJECT: �� SECTION 22, RULE 39 AND SECTION 7, RULE 141 OF THE RULES OF

COURT REITERATED IN ADM. MATTER NO. P-89-290 ( OCA vs. RAMON

G. ENRIQUEZ )

Attention is called to a recent decision of the Court En Banc in �Office of the Court Administrator, Complainant vs. � Ramon G. Enriquez, Respondent� in Adm. Matter No. � P-89-290, reiterating the provision of Section 22, Rule 39 of the Rules of Court � which requires � that the highest bidder in a public auction � sale � must produce the cash corresponding to the submitted bid for � delivery to � the � judgment debtor, otherwise failure to produce � the � cash payment � is equivalent to the refusal to pay and the sheriff � may again sell the property to a highest bidder.

The Court also reiterated that pursuant to Sec. � 7, Rule 141, sheriff�s fees must be collected on all amounts received by the sheriff in satisfactioning a judgment.

All Executive Judges must monitor payment of all sheriffs� fees.

Strict compliance is hereby enjoined.

February 9, 1993.

( Sgd .) ERNANI CRUZ PA�O

Court Administrator ��

_________________________________________

CIRCULAR NO. 13-93 tc "CIRCULAR NO. 13-93"

TO: �� JUDGES OF THE REGIONAL TRIAL COURTS, SHARI'A DISTRICT

COURTS, ME TRO POLITAN TRIAL COURTS, MUNICIPAL TRIAL

COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT

TRIAL COURTS AND SHARI'A CIRCUIT COURTS

SUBJECT: �� PRESIDENTIAL DECREE NO. 1818

The � Office � of � the Court Administrator � has � been � continuously receiving �� reports � and/or � complaints � against �� indiscriminate issuance of restraining orders and court injunctions against � the National � Power Corporation and other government � public � utility firms in gross violation of Sec 1 of P.D. 1818.

For the information and guidance of all concerned, the Supreme Court in the case of �National Power Corporation vs. Hon. Abraham Vera�, G.R. � No. � 83558, � February � 27, � 1989, � 170 � SCRA �� 721, categorically � ruled � that � the � National � Power � Corporation � is entitled � to the protective mantle of the aforecited � decree � for the � higher � interest of public service. Section 1 of P.D. � 1818 provides:

�Section 1. 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 � officials 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.�

All � Clerks � of Court are directed to � immediately � furnish � this Office �� copies � of � any � restraining � orders � and/or � writs �� of injunction � against � the � National � Power � Corporation � or � other government public utility firms.

Strict compliance hereof is enjoined.

March 5, 1993.

( Sgd .) ERNANI CRUZ PA�O

Court Administrator ��

_________________________________________

CIRCULAR NO. � 8A-93

tc "CIRCULAR NO. 8A-93"

TO: �� ALL CLERKS OF COURT OR OFFICERS-IN-CHARGE OF THE COURT OF

APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL

TRIAL COURTS, SHARI'A DISTRICT COURTS, ME TRO POLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI'A CIRCUIT COURTS

FROM: �� LAND BANK OF THE PHILIPPINES, THE AUTHORIZED GOVERNMENT

DEPOSITORY BANK

Effective March 1, � 1993, � all � Clerks of Courts � of lower Courts are hereby DIRECTED to deposit all � collections from �� bailbonds , � rental � deposits � and �� other �� fiduciary collections, � upon � receipt � thereof, � following � the �� same guidelines � laid � out in Circular No. 13-92 � of � this � Court dated � March 1, 1992, with the LAND BANK OF THE � PHILIPPINES (LBP), � the � authorized government depository bank � for � the Judiciary.

In localities where the LBP has no branches, the Clerk of Court shall deposit all collections with any Rural Bank in the area furnishing the ACCOUNTING DIVISION, SUPREME COURT, and the selected Rural Bank.

Where there is no LBP branch at the station of the judge concerned, the collections shall be sent by postal money order payable to the Chief Accountant of the Supreme Court, at the latest before 3:00 P.M. of that particular week. ��

All Clerks of Courts are further DIRECTED to � submit to � the ACCOUNTING DIVISION, SUPREME COURT, statement � of unwithdrawn � Fiduciary � Fund Deposits � with � the � Philippine National � Bank (PNB) as of February 28, 1993. � The salaries of the concerned Clerk of Court shall be withheld upon failure to comply within the specified period.

Strict compliance is hereby enjoined.

April 21, 1993.

( Sgd .) ERNANI CRUZ PA�O

Court Administrator

_________________________________________

ADMINISTRATIVE CIRCULAR NO. 7-A-92 tc "ADMINISTRATIVE CIRCULAR NO. 7-A-92"

(Amended June 21, 1993)

TO: �� THE � REGIONAL TRIAL COURTS, SHARI'A DISTRICT COURTS,

ME TRO POLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN

CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL

COURTS, AND SHARI'A CIRCUIT COURTS

SUBJECT: �� GUIDELINES IN THE ARCHIVING OF CASES

Administrative Circular No. 7-92, dated October 12, 1992, is hereby amended to read as follows:

The attention of the Court has been called to the lack of uniformity in the policies adopted by the individual judges with respect to the archiving of cases. There are likewise reports of indiscriminate archiving of cases without apparent justifiable reason. The following guidelines are therefore established in the archiving of cases:

I. CRIMINAL CASES

a) A criminal case may be archived only if after the issuance of the warrant of arrest, the accused remains at large for six (6) months from the delivery of the warrant to the proper peace officer. An order archiving the case shall require the peace officer to explain why the accused was not apprehended. The court shall issue an alias warrant if the original warrant of arrest is returned by the peace officer together with the report.

b) The court, motu proprio or upon motion of any party, may likewise archive a criminal case when proceedings therein are ordered suspended for an indefinite period because:

1) the accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently, or to undergo trial, and he has to be committed to a mental hospital;

2) a valid prejudicial question in a civil action is invoked during the pendency of the criminal case unless the civil and the criminal cases are consolidated;

3) an interlocutory order or incident in the criminal case is elevated to, and is pending resolution/decision for an indefinite period before a higher court which has issued a temporary restraining order or writ of preliminary injunction; and

4) when the accused has jumped bail before arraignment and cannot be arrested by his bondsmen.

II. CIVIL CASES

In civil cases, the court may motu proprio or upon motion, order that a civil case be archived only in the following instances:

a) When the parties are in the process of settlement, in which case the proceedings may be suspended and the case archived for a period not exceeding ninety (90) days. The case shall be included in the trial calendar on the day immediately following the lapse of the suspension period.

b) When an interlocutory order or incident in the civil case is elevated to, and is pending resolution/decision for an indefinite period before a higher court which has issued a temporary restraining order or writ of preliminary injunction.

c) When defendant, without fault or neglect of plaintiff, cannot be served with summons within six (6) months from issuance of original summons.

GENERAL PROVISIONS

a) Copies of the Order archiving the case shall be furnished the parties.

b) A special docket shall be maintained to record the cases both criminal and civil that have been archived.

c) A periodic review of the archived cases shall be made by the Presiding Judge.

d) The Presiding Judge shall , motu proprio or upon motion by any party, order the reinstatement/revival of an archived case and its withdrawal from the archives whenever the same is ready for trial or further proceedings.

e) The Branch Clerk of Court shall submit to the Office of the Court Administrator a consolidated list of archived cases not later than the first week of January of every year.

Strict compliance with this Administrative Circular is hereby enjoined.

June 21, 1993.

( Sgd .) ANDRES R. NARVASA

Chief Justice ��

_________________________________________

CIRCULAR NO. 32-93

tc "CIRCULAR NO. 32-93"

TO: �� ALL � CLERKS � OF COURT OF � REGIONAL � TRIAL � COURTS, � SHARI'A

DISTRICT COURTS, ME TRO POLITAN TRIAL COURTS, MUNICIPAL TRIAL

COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT

TRIAL COURTS � AND THE SHARI'A CIRCUIT COURTS.

SUBJECT: � �� COLLECTION OF LEGAL FEES AND SUBMISSION OF MONTHLY

REPORT OF COLLECTIONS

Inspite of the issuances by the Court of Circulars and Memoranda to attain maximum efficiency in the proper handling of collections and deposits, there are still Clerks of Court who have not been submitting regularly their monthly report of collections and deposits while others are not remitting at all their collections.

There are also cases wherein Clerks of Court are not collecting the correct legal fees prescribed under Rule 141, as amended, of the Rules of Court.

In view hereof, all Clerks of Court/Accountable Officers are enjoined to follow strictly the guidelines prescribed hereunder:

1) Submission of monthly report of collections for all funds should be sent to this Court not later than the 10th day of each succeeding month and should include the following:

a) Original copy of the Report of the Clerk of Court's � Account indicating the current debit and credit (Judicial Form No. 20); duplicate official � receipts � issued; and the corresponding remittance advice slips duly validated by the Bank where collection was deposited (amount of collections per report should equal amount per remittance).

(For General Fund for Clerk of Court of RTC and SDC)

b) Duplicate copy of Sheriff's Report of Collections and Account (Judicial Form No. 38-A); validated duplicate copy of official receipts and the corresponding remittance advice slips (amount of collections per report should equal amount per remittance).

(For General Fund for Ex- Oficio Sheriff of RTC and SDC)

c) Original � copy � of report of deposits � and � withdrawals � and validated duplicate copy of official receipts and deposit � slips; and � in � cases of withdrawals, a copy of the order of � the � Court duly �� authenticated � with � Court's � seal and � a copy of the acknowledgement receipt. (For Fiduciary Fund of RTC and SDC)

d) Original � copy � of � report � of � deposits � and �� withdrawals; duplicates �� of � official � receipts � issued, � and � in �� case �� of withdrawals, copy of Sheriff's cash payment receipts. (For Sheriff Trust Fund of RTC and SDC)

e) Original � copy � of � Report � of � Collections � and �� Deposits; duplicate � official receipts issued and a copy of � the � validated deposit � slip or the postal money order stub if remittance is � by PMO.

(For Judiciary Development Fund of RTC, SDC, Metro TC, MTCC, MTC, MCTC and SCC)

2) In cases where no transaction was made within the month, notice to that effect should be submitted to this Court in a formal letter within the aforementioned period.

3) All reports should be signed by the Clerk of Court and the Accountable Officer concerned.

4) All monthly reports in two copies should be addressed to:

�The Chief Accountant

Supreme Court of the Philippines

Taft Avenue , Manila �,

Copy furnished -

�The Office of the Court Administrator�

5) All newly appointed Clerks of Court and all other Collecting Officers concerned are required to use new sets of books after, turning over to the Court the old sets of books.

6) Every end of the year, the Office of the Court � Administrator must � be � furnished with a report of Fiduciary Fund and Sheriff Trust Fund balances duly certified correct � by � the � Provincial Auditor � and � submitted � not � later � than � January 30, of the succeeding year.

For immediate compliance.

July 9, 1993.

( Sgd .) ERNANI CRUZ PA�O

Court Administrator

_________________________________________

CIRCULAR NO. 59-94

tc "CIRCULAR NO. 59-94"

TO: �� ALL CLERKS OF COURTS OF THE REGIONAL TRIAL COURTS, SHARI'A

DISTRICT COURTS, ME TRO POLITAN TRIAL COURTS, MUNICIPAL TRIAL

COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT

TRIAL COURTS AND SHARI'A CIRCUIT COURTS

SUBJECT: �� COLLECTION AND REMITTANCE OF THE VICTIM COMPENSATION FEE

OF FIVE (P5.00) PESOS

The following shall serve as guidelines to facilitate collection and remittance of the victim-compensation fee of FIVE (P5.00) PESOS, as provided for by Section 18-A of Rule 141, Rules of Court:

1. The Clerks of Court shall remit every quarter or when the collection reaches FIVE HUNDRED PESOS (P500.00), whichever comes first;

2. Remittance shall be deposited to the nearest branch of the Land Bank of the Philippines (LBP) within the province, city or municipality where the Clerk of Court is holding office;

3. Deposit shall be for the account of the Victim Compensation Fund of the Board of Claims (BOC), Department of Justice under Current Account No. 0592-1022-42;

4. In places where no Land Bank is doing banking transactions, remittances shall be in the form of money order payable to the Victim Compensation Fund of the Board of Claims (BOC), Department of Justice, Padre Faura , Manila;

5. The Clerks of Court are required to submit to the Financial and Management Service, Department of Justice, quarterly report of collections and remittances (deposits) of the victim compensation fee.

6. The Clerks of Court shall requisition the supply of official receipts from the Department of Justice.

This Circular shall take effect on October 17, 1994.

October 10, 1994.

( Sgd .) JUANITO A. BERNAD

Deputy Court Administrator

Officer-in-Charge

_________________________________________

CIRCULAR NO. 68-94

tc "CIRCULAR NO. 68-94"

TO: �� JUDGES OF THE REGIONAL TRIAL COURTS, SHARI'A DISTRICT

COURTS, ME TRO POLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS

IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL

COURTS AND SHARI'A CIRCUIT COURTS

SUBJECT: �� STRICT OBSERVANCE OF SECTION 1 OF P.D. 1818 ENVISIONED BY

CIRCULAR NO. 13-93, DATED MARCH 5, 1993, AND CIRCULAR

NO. 20-92 DATED MARCH 24, 1992

There have been reports that despite Circular 13-93, dated March 5, 1993, some courts are still issuing temporary restraining orders and/or preliminary injunctions even in cases, disputes, or controversies involving government infrastructure projects in violation of Section 1 of P.D. 1818, which provides:

�Section 1. 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 officials 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.�

In order to obviate complaints against the indiscriminate issuance of restraining orders and court injunctions against government public utilities and infrastructure project in gross violation of the aforesaid Presidential Decree, the provision of Circular No. 13-93 issued on March 5, 1993 is hereby reiterated for your strict compliance.

All Clerks of Court are hereby directed to immediately furnish this Office copies of any restraining order(s) and/or writ(s) of injunction against government corporations and public utility firms.

For strict compliance.

November 3, 1994.

( Sgd .) REYNALDO L. SUAREZ

Officer-in-Charge

Deputy Court Administrator

_________________________________________

ADMINISTRATIVE CIRCULAR NO. 17-94 tc "ADMINISTRATIVE CIRCULAR NO. 17-94"

TO: �� ALL TRIAL COURT JUDGES AND CLERKS OF COURT/BRANCH CLERKS

OF COURT

SUBJECT: �� ONE WEEK AT THE END OF EVERY SEMESTER MAY BE DEVOTED

TO DOCKET INVENTORY

In Administrative Circular No. 10-94, dated 29 June 1994, the Court reiterates the directive to all trial judges for the physical inventory of their docket as required by Administrative Circular No. 1, dated 28 January 1988.

However, there are reports from trial judges that in the required inventory of their docket certain discrepancies are unavoidable and can be rectified by conducting a re-inventory thereof.

In this regard, Administrative Circular No. 10-94 is hereby amended so as to authorize trial judges to devote one week of each semester to this audit and inventory, and trials need not be scheduled on the said period.

The trial judges, clerks of court and branch clerks of court must report to this court the result of the re-inventory conducted within ten (10) days upon completion thereof.

14 November 1994.

( Sgd .) ANDRES R. NARVASA

Chief Justice

_________________________________________

ADMINISTRATIVE CIRCULAR NO. 18-94

tc "ADMINISTRATIVE CIRCULAR NO. 18-94"

TO: �� ALL EXECUTIVE JUDGES AND CLERKS OF COURT OF THE REGIONAL

TRIAL COURTS (EXCEPT THOSE IN THE NATIONAL CAPITAL JUDICIAL

REGION)

SUBJECT: �� DESIGNATION OF CLERKS OF COURT OF REGIONAL TRIAL COURTS

AS EX OFFICIO CLERKS OF COURT OF THE SANDIGANBAYAN

The attention of the Court has been called to the problem of prosecutors in the filing of informations in inquest cases cognizable by the Sandiganbayan . Presently, such informations may be filed only in the Sandiganbayan with seat at Manila . The problem arises when an arrest without warrant occurs in a distant place making it physically impossible to file the information with the Sandiganbayan within the reglementary period of detention under Article 125 of the Revised Penal Code. If the person arrested does not sign a waiver of the provisions of said article, the inquest prosecutor is oftentimes constrained to order the arresting officer to release the person arrested.

In order to obviate this problem, the Court RESOLVED to promulgate the following guidelines:

1. All Clerks of Court of Regional Trial Courts all over the country (except those in the National Capital Judicial Region) are hereby designated as Ex Officio Clerks of Court of the Sandiganbayan with the limited duty of receiving informations resulting from inquest investigations of offenses cognizable by the Sandiganbayan which were conducted by authorized prosecutors within their territorial jurisdiction, and transmitting the same to the Sandiganbayan within five (5) days from the filing thereof.

2. The information shall be filed with the Clerk of Court of the Regional Trial Court whose territorial area includes the place where the crime was committed. The filing with the said Clerk of Court shall have the effect of such information being filed directly with the Sandiganbayan .

3. The Executive Judge of the Regional Trial Court where the information was filed is hereby authorized 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.

Strict compliance is hereby enjoined.

November 29, 1994.

( Sgd .) ANDRES R. NARVASA

Chief Justice ��

_________________________________________

CIRCULAR NO. 47-95

TO �� : �� ALL CLERKS OF COURT AND BRANCH CLERKS OF COURT OF

THE REGIONAL TRIAL COURTS, METROPOLITAN TRIAL

COURTS AND THE MUNICIPAL TRIAL COURTS IN CITIES

SUBJECT �� : �� FURNISHING THE CRIMINAL INVESTIGATION SERVICE

COMMAND NATIONAL CAPITAL REGION COPIES OF

WARRANTS OF ARREST

Quoted hereunder is a request dated July 5, 1995 of the Criminal Investigation Service Command, National Capital Regional Office, Camp Crame , Quezon City :

�The Criminal Investigation Command is currently building a database on all warrants of arrests issued by the Courts nationwide. This will facilitate our efforts to track down persons with standing warrants of arrests for their eventual apprehension.

In what appeared to be an earlier arrangement, all Courts in the National Capital Region are furnishing the Command copies of warrants of arrests for implementation, which we also process for our database guild-up. Unfortunately, no similar arrangement is existing for other Regions outside of Metro Manila.

At this time, our Warrant and Alarm Branch is capable of processing all warrants or Orders of Arrest issued by the Courts nationwide, for the purpose of our database build-up, and consequently, for implementation by our field offices and PNP territorial forces.

May we therefore request your Honor to give mandate to all inferior Courts throughout the Philippines to furnish the PNP Criminal Investigation Command, copies of all warrants and/or order of arrests issued by them, under a similar arrangement existing in Metro manila area.

The said warrants or Orders of Arrest may be addressed to:

The Director

PNP Criminal Investigation Command

Camp Crame , Quezon City

Attn: Warrant and Alarm Branch�

All concerned are hereby directed to furnish copies of warrants of arrest issued by the Courts in your stations to the authorized liaison officers of the Criminal Investigation Service Command.

October 2, 1995.

( Sgd .) ERNANI CRUZ PA � O

Court Administrator

_________________________________________

Circular No. 50-95

tc " Circular No. 50-95 "

To: �� 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: �� Court Fiduciary Funds

The following guidelines and procedures for purposes of uniformity in the manner of collections and deposits are hereby established:

A. Guidelines in Making Deposits:

(1) Deposits of Fiduciary funds shall be made under a savings account. A current account may also be maintained provided that a savings account is also maintained with automatic fund transfer arrangement.

(2) Deposits shall be made in the name of the Court, with its Clerk of Court and the Executive Judge as authorized signatories.

(3) The Clerk of Court shall be the custodian of the Passbook to be issued by the depository bank and shall report to the Executive Judge for RTC, SDC, MetroTC , MTCC and the Presiding Judge for MTC, MCTC and SCC, the bank's name, branch and savings/current account number. Xerox copy of the passbook shall be submitted to the Fiscal Audit Division.

B. Guidelines in Making Withdrawals:

(1) Withdrawal slips shall be signed by the Executive/Presiding Judge and countersigned by the Clerk of Court.

(2) No withdrawals, except as specifically provided in the immediately preceding paragraph, shall be allowed unless there is a lawful order from the Court that has jurisdiction over the subject matter involved.

(3) When maintaining a current account, withdrawals shall be made by check. Signatories on the check shall likewise be the Executive/Presiding Judge and the Clerk of Court.

(4) All collections from bailbonds , rental deposits, and other fiduciary collections shall be deposited within twenty four (24) hours by the Clerk of Court concerned, upon receipt thereof, with the Land Bank of the Philippines .

(5) Interest earned on these deposits and any forfeited amounts shall accrue to the general fund of the national government. Within two (2) weeks after the end of each quarter, the Clerk of Court shall withdraw such interest and forfeited amounts and shall remit the same to the National Treasury under a separate, remittance advice, duplicate copy thereof to be furnished the Chief accountant of the Supreme Court for record and control purposes.

(6) Only one depository bank shall be maintained and the bank must be formally informed by the Executive/Presiding Judge as to who are the authorized signatories to the withdrawal slips and that every withdrawal slips must be accompanied by a court order authorizing the withdrawal of the amount indicated thereat.

(7) Except in instances specifically mentioned in the immediately succeeding paragraph, all fiduciary collections currently deposited with the local treasurers/ and other depositories shall be withdrawn therefrom and deposited with the savings/ current accounts maintained by the court for these collections.

(8) In localities where there are no branches of the Land Bank of the Philippines, fiduciary collections shall be deposited by the Clerk of Court with the Provincial, City or Municipal Treasurer.

(9) Within two (2) weeks after the end of each quarter, all Clerks of Court are hereby required to submit to the Chief Accountant of the Supreme Court, copy furnished the Office of the Court Administrator, a quarterly report indicating the outstanding balance maintained with the depository bank or local treasurer, and the date, nature and amount of all deposits and withdrawals made within such period.

Circulars that are inconsistent herewith are considered revoked.

This Circular shall take effect on November 1, 1995.

October 11, 1995.

( Sgd .) Ernani Cruz Pa�o

Court Administrator

_________________________________________

ADMINISTRATIVE ORDER NO. 36-96 tc "ADMINISTRATIVE ORDER NO. 36-96"

SUPPLEMENT TO THE RAFFLE PROCEDURE UNDER

CIRCULAR NO. 7, ADMINISTRATIVE ORDER NO. 6 AND

ADMINISTRATIVE CIRCULAR NO. 1

For a more equitable distribution and assignment of cases by raffle to the different branches of the Regional Trial Courts, the following rules of procedure shall be strictly observed in addition to the existing rules under Supreme Court Circular No. 7 dated 23 September 1974, Administrative Order No. 6 dated 30 June 1975, and Administrative Circular No. 1 dated 28 January 1988;

A. Procedure at the Office of the Clerk of Court:

1. When a case is filed with the Office of the Clerk of Court, the date and time of filing must be indicated on the cover as well as on the first page of the pleading together with its assigned docket number.

The docket number must follow a sequential order corresponding to the date and time of filing of the case which shall be reflected in the Docket Record, in which the docket number, caption, date and time of filing of the case, and the number and date of the official receipts for the legal fees paid shall be entered.

Upon the filing of a case it shall immediately be encoded in the standby diskette prepared for cases to be raffled to avoid delay in the preparation of the raffle list.

2. If the regular raffle of cases is scheduled at 2:00 o'clock in the afternoon of the raffle day the cut-off period for the inclusion of cases in the list shall be 12:00 o'clock noon to allow sufficient time for the preparation of a complete raffle list for posting and distribution of copies to all judges before the raffle. In this connection, each judge in the station must have a copy of the list at least thirty (30) minutes before the scheduled raffle.

3. The list of cases to be raffled must be arranged according to the sequence of their docket numbers. There should be a list for criminal cases and another for civil cases.

The list of criminal cases should first enumerate those exclusively cognizable by special criminal courts and/or courts designated to hear family and youth cases.

Likewise, the list of civil cases should first enumerate those cognizable by family and youth courts.

The raffle list must be prominently posted at the main entrance of the session hall of the Executive Judge and at the bulletin board of the Office of the Clerk of Court.

B. Procedure in the Raffle Proper:

1. A Raffle Committee shall be constituted in accordance with existing circulars/directives of the Supreme Court. The Committee shall be composed of the Executive Judge, his Vice-Executive Judges and two (2) other judges assigned for the raffle in accordance with the pairing system, who shall all be present during the scheduled raffle. The assignment of the pairing judges shall be strictly by rotation.

The Committee shall be assisted in the raffle by the Clerk of Court/Assistant Clerk of Court and two (2) stenographers.

The members of the Raffle Committee, together with the pairing judges assigned for the raffle, shall each confirm in open court the branch to which a case is raffled before the next draw is made.

2. The two (2) stenographers shall record accurately the raffle proceedings stating therein, among others, the names of all those required herein to be present and the parties attending, if any.

The stenographers shall thereafter transcribe, duly accomplish and sign the Minutes of the raffle proceedings immediately but not later than twenty-four (24) hours thereafter.

3. The Minutes shall be signed in turn by all members of the Raffle Committee, duly certified by the Executive Judge, and posted immediately at the bulletin boards of the Executive Judge and of the Clerk of Court.

Each branch shall be furnished copy of the Minutes of the raffle.

4. Every judge sitting in the Committee shall review the entries in the Minutes and countercheck them with his own entries in his list before signing on each and every page thereof. He shall not affix his signature thereon unless he has thoroughly verified the accuracy of the entries in the Minutes.

5. Every judge sitting in the Committee shall then affix his initials on the right hand corner of the cover page and 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.

C. Procedure For Special Raffle:

1. There shall be no special raffle except upon written application of a party and only upon highly justifiable reason/s to be determined by the Executive Judge and his Vice Executive Judges after due consultation with one another. A certification granting or denying the application and citing the reason/s therefor shall be issued accordingly. Such certification shall be attached to the expediente immediately after the initial pleading and shall form part of the record of the case.

2. 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 in the next regular raffle. A certification to the effect that a special raffle was duly held and that the case was thereafter assigned to the branch drawn in the process shall be issued and signed by all the members of the Special Raffle Committee.

The date and time of the raffle shall be written on the front cover of the expediente and on the first page of the initial pleading and signed by all members of the Special Raffle Committee.

In the preparation of the list of cases to be included in the regular raffle, the Clerk of Court shall include the cases thus specially raffled prior to the scheduled regular raffle indicating therein the branch to which these cases have been assigned.

Except as above stated, all other procedures outlined hereinabove shall be observed.

3. If the application for special raffle is denied, the case shall be included in the list of cases for the next regular raffle.

D. The Supreme Court through the Office of the Court Administrator shall be furnished immediately copy of the Minutes of the Raffle Proceedings after they have been duly accomplished.

STRICT COMPLIANCE HEREWITH IS ENJOINED.

15 March 1996.

( Sgd .) ANDRES R. NARVASA

Chief Justice

_________________________________________

Administrative Circular No. 3-96

tc " Administrative Circular No. 3-96 "

To: �� Court of Appeals, Sandiganbayan , Court of Tax Appeals,

Regional Trial Courts, Metropolitan Trial Courts,

Municipal Trial Courts, Municipal Circuit Trial Courts,

Quasi-Judicial Agencises, the Ombudsman, The Solicitor

General, The Government Corporate Counsel, Members of

the Government Prosecution Service, and Members of the

Integrated Bar of the Philippines .

Subject: �� Clarification of the Provisions of Paragraph (3), Revised

Circular No. 1-88 and Supplemental Rules Therefor

Paragraph (3) of Revised Circular No. 1-88 provides as follows:

�(3) Copies of judgment or resolution sought to be reviewed.� Petitions filed with the Supreme Court, whether under Rule 45, Rule 65, R.A. No. 5440 or P.D. No. 1606 shall be accompanied by a clearly legible duplicate original or certified true copy of the decision, judgment, resolution, or order subject thereof, and the requisite number of plain copies thereof. The certification shall be accomplished by the proper Clerk of Court or by his duly authorized representative or by the proper officer of the court, tribunal, board, commission, or office involved, or by his duly authorized representative. Certification by the parties themselves, their counsel or any other person shall not be allowed.�

The failure to comply with or miscomprehension of the aforesaid requirement in petitions to the Supreme Court, or in petitions or other initiatory pleadings filed in other courts or quasi-judicial agencies which have adopted the same or similar provisions, has created unnecessary controversies and resulted in undue delay in the proceedings therein.

For the guidance of all concerned, the following clarifications and supplemental rules in complying with the requirement in Paragraph (3) of Revised Circular No. 1-88 are hereby announced for strict compliance:

1. The �duplicate original copy� shall be understood to be that copy of the decision, judgment, resolution or order which is intended for and furnished to a party in the case or proceeding in the court or adjudicative body which rendered and issued the same. The �certified true copy� thereof shall be such other copy furnished to a party at his instance or in his behalf, duly authenticated by the authorized officers or representatives of the issuing entity as hereinbefore specified.

2. The duplicate original copy must be duly signed or initialed by the authorities or the corresponding officer or representative of the issuing entity, or shall at least bear the dry seal thereof or any other official indication of the authenticity and completeness of such copy. For this purpose, all courts, offices or agencies furnishing such copies which may be used in accordance with Paragraph (3) of Revised Circular No. 1-88 shall make arrangements for and designate the personnel who shall be charged with the implementation of this requirement.

3. The certified true copy must further comply with all the regulations therefor of the issuing entity and it is the authenticated original of such certified true copy, and not a mere xerox copy thereof, which shall be utilized as an annex to the petition or other initiatory pleading.

4. Regardless of whether a duplicate original copy or a certified true copy of the adjudicatory document is annexed to the petition or initiatory pleading, the same must be an exact and complete copy of the original, and all the pages thereof must be clearly legible and printed on white bond or equivalent paper of good quality with the same dimensions as the original copy. Either of the aforesaid copies shall be annexed to the original copy of the petition or initiatory pleading filed in court, while plain copies thereof may be attached to the other copies of the pleading.

5. It shall be the duty and responsibility of the party using the documents required by Paragraph (3) of Circular No. 1-88 to verify and ensure compliance with all the requirements therefor as detailed in the preceding paragraphs. Failure to do so shall result in the rejection of such annexes and the dismissal of the case. Subsequent compliance shall not warrant any reconsideration unless the court is fully satisfied that the non-compliance was not in any way attributable to the party, despite due diligence on his part, and that there are highly justifiable and compelling reasons for the court to make such other disposition as it may deem just and equitable.

This Circular shall be published in two newspapers of general circulation and shall take effect on June 1, 1996.

April 17, 1996.

( Sgd .) ANDRES R. NARVASA

Chief Justice

_________________________________________

Circular No. 33-96 tc " Circular No. 33-96 "

To: �� All JUDGES

Subject: �� JOINT MEMORANDUM CIRCULAR OF THE SUPREME COURT, THE

DEPARTMENT OF JUSTICE AND THE DEPARTMENT OF THE

INTERIOR AND LOCAL GOVERNMENT ON THE GUIDELINES ON

POLICE WITNESSES AND ARREST OF ACCUSED WHO JUMPED BAIL

For the information and guidance of all concerned, quoted hereunder are the pertinent provisions of the Joint Memorandum Circular of the Supreme Court, the Department of Justice and the Department of the Interior and Local Government on the guidelines on police witnesses and arrest of accused who jumped bail, to wit:

x x x x x x x x x

Section 1. The Supreme Court, through the Office of the Court Administrator, shall:

A. Require all Clerks of Court that:

(1) In the preparation of the notice of hearing/subpoena, copies of the same shall not only be sent to the office and residence addresses of the police witness concerned but also to his/her commanding officer's or immediate superior officer's address;

(2) In case several police witnesses are summoned to attend a scheduled hearing, all of them shall be furnished individually of copies of the notice of hearing/subpoena;

(3) In all cases, notice of the hearing/subpoena shall be sent at least thirty (30) days prior to the scheduled hearing to the police witness and his/her commanding officer or immediate superior officer;

(4) In issuing the warrants of arrest, the pictures of the accused, whenever available or feasible, or a summary of the physical description of the accused, must be appended to the warrants before the same are transmitted to the law enforcement agencies for service; and

(5) Companies or entities engaged in the business of bailing out accused persons shall maintain a personal data file of all their clients, particularly those who jumped bail, and make these data available to law enforcement operatives once a warrant is issued for their arrest.

B. Remind and advise all Judges:

(1) To give preference in time to the testimony of the police witness than other witness;

(2) To avoid unnecessary postponements of hearing, especially when the police witness present comes from far-flung police unit or station;

(3) Not to be too lenient or liberal in accepting the explanation of police witnesses who fail to attend scheduled hearings despite due notice to them;

(4) To impose the maximum penalty to police witnesses and their superiors when warranted, if the explanation of the offending witness should be found unsatisfactory; and

(5) To inform the head of the law enforcement agency to which the offending witness belongs of the sanction imposed against the said witness for further administrative action.

x x x x x x x x x

SECTION 5. This Joint Memorandum Circular shall take effect immediately.

11 January 1996, Malaca�ang , Manila .

April 24, 1996.

( Sgd .) ERNANI CRUZ PA�O

Court Administrator

_________________________________________

Administrative Circular No. 7-96 tc "Administrative Circular No. 7-96"

To: �� All Judges and Clerks of Court of Regional Trial Courts,

Metropolitan Trial Courts, Municipal Trial Courts in Cities,

Municipal Trial Courts and Municipal Circuit Trial Courts

Subject: �� Strict observance of Land Registration Authority (LRA)

Circulars on Reconstitution and Land Registration Cases

The attention of the Court has been called to the fact that Judges and Clerks of Court, in the exercise of their functions, fail to observe pertinent LRA circulars relative, among others, to ordinary and cadastral land registration cases which are prescribed in the Manual of Instructions (Annex �A�) dated February 20, 1991 for the purpose of insuring uniform and expeditious procedure in the adjudication of land titles under the provisions of Presidential Decree No. 1529 and Act 2259, as amended, otherwise known as the Property Registration Decree and the Cadastral Act, respectively; LRC Circular No. 364 � (Annex �B�) dated December 5, 1979 prescribing supplemental rules and regulations relative to inscription of technical descriptions under Section 108, P.D. 1529, and inscription of technical descriptions under Section 21 of R.A. No. 26; and plotting of the technical descriptions of lots � subject of petitions for reconstitution of lost or destroyed certificates of title; LRC Circular No. 35 � (Annex �C�) dated June 13, 1983 � prescribing supplemental rules and regulations governing the reconstitution of lost or destroyed Land Certificates of Title; � LRC Circular No. 53 (Annex �D�) dated August 15, 1984, reiterating LRC Circular No. 176 on precautionary measures to prevent falsification of decisions and orders for the issuance of decrees; and NALTDRA Circular No. 91 � (Annex �E�) dated November 27, 1986, reiterating clearance required in Land Registration Cases (Re: LRC Circular No. 381 of 22 August 1980).

The above-mentioned circulars were issued to fast-track the settlement, adjudication and registration of private claims to land, prevent duplication of titles, issuance of decrees based on falsified court decisions and orders for the issuance of decrees and irregular reconstitution of lost or destroyed land certificates of title based on unauthorized sources.

Attention is invited to the following:

The provisions of the Manual of Instruction to be observed by the Clerk of Court in Ordinary and Cadastral Land Registration Cases, and specifically to the following paragraphs thereof:

Part 1. In Ordinary Land Registration Cases

�28. Preparation of Order for the issuance of Decree as Soon as a Decision Becomes Final.� To prepare and submit to the Judge for his signature, as soon as a Decision has become final, the corresponding order for the issuance of decree for all lots covered by such decision from which no appeal has been interposed or on which no motion for a new trial or reconsideration has been filed, using for this purpose Judicial Form No. 91 (Revised); and to transmit immediately two certified copies thereof to the Authority thru registered mail with covering letter. The Clerk of Court shall not require the adjudicatees to file a petition for the purpose before preparing the said order.

�29. Certification at the Foot of the Order for the Issuance of Decree.� If the decision of the court has not been amended, the Clerk of Court shall make a certification, signed by him, at the foot of the order substantially as follows:

�I hereby certify that the decision referred to above has not been amended, supplemented or otherwise modified by any subsequent decision, order or other process of the Court prior to the date of the Order for the Issuance of Decree.'

Clerk of Court

Where the order for the issuance of decree refers to an amending decision or order, a footnote, in addition to the aforementioned certification, shall be made substantially as follows:

�Note: the decision [or order as the case may be] referred to above amends the decision of this Court dated _____________, 19__.

�33. Copies of Decisions, Orders, Petition, etc., to be Forwarded to the Land Registration Authority. � To forward immediately and without fail to the authority two legible copies of all decisions, orders, resolutions, minutes, writs, notifications, and other processes after their issuance by the Court, on all answers and petitions and their enclosures as soon as they are filed by registered mail with covering letter.

�34. Papers to be Sent to the Land Registration Authority to be Certified, Signed and Sealed. � All papers and documents called for in the preceding paragraphs shall be certified true copies of their originals, duly signed on every page thereof by the Clerk of Court or his deputy authorized to do so, and sealed with the seal of the court. In this connection, Clerks of Court are required to submit to the Authority a list, in triplicate, of their deputies authorized to certify and sign true copies, together with the specimen of their signatures.

Part II. In Cadastral Land Registration Cases

�44. Preparation of the Order for the Issuance of Decrees Immediately After the Decision Becomes Final.� After the decision has been rendered in a case, the Clerk of Court shall, without waiting for the interested parties to file a petition for that purpose, and if no motion for a new trial or reconsideration has been filed, or no appeal has been interposed, prepare the order for the issuance of decrees (Judicial Form No. 115) for the signature of the Judge immediately after the lapse of the fifteen day period prescribed by law by which a decision becomes final.

�50. Land Registration Authority to be Furnished with Copies of all Documents and Processes Filed or Issued Duly Certified.� To forward immediately and without fail to the Authority two legible copies of all decisions, orders, resolutions, minutes, notifications, and other processes after their issuance by the Court, and of all petitions and their enclosures as soon as they are filed, which shall be duly certified, signed by the certifying officer on all pages thereof, and sealed with the seal of the court, by registered mail with covering letter.

�The Clerk of Court shall also stamp on the front pages of all papers and documents forwarded to the Authority a rubber stamp bearing the inscriptions: �DUPLICATE FOR LRA RECORD.'

The provisions of LRA Circular No. 35 dated June 13, 1983, particularly the following paragraphs thereof:

�5. In case the reconstitution is to be made exclusively from sources enumerated in sections 2(f) and 3(f) of Republic Act No. 26 in relation to section 12 thereof, the signed duplicate copy of the petition to be forwarded to this Commission shall be accompanied by the following:

(a) A duly prepared plan of said parcel of land in tracing cloth, with two (2) print copies thereof, prepared by the government agency which issued the certified technical description, or by a duly licensed Geodetic Engineer who shall certify thereon that he prepared the same on the basis of a duly certified technical description. Where the plan as submitted is certified by the government agency which issued the same, it is sufficient that the technical description be prepared by a duly licensed Geodetic Engineer on the basis of said certified plan.

(b) The original two (2) duplicate copies, and a xerox copy of the original of the technical description of the parcel of land covered by the certificate of title, duly certified by the authorized officer of the Bureau of Lands or the Land Registration Commission who issued the technical description.

(c) A signed copy of the certification of the Register of Deeds concerned that the original of the certificate of title on file in the Registry was either lost or destroyed, indicating the name of the registered owner, if known from the other records on file in the said office.

�6. The Notice shall state, among other things:

(a) the number of the lost or destroyed certificate of title, if known;

(b) the name of the registered owner;

(d) the names of the occupants or persons in possession of the property;

(e) the owners of the adjoining properties;

(f) all other interested parties; and

(g) the date on which all persons having any interest therein must appear and file their claim or objection to the petition.

�7. The Clerk of Court must comply strictly with the requirements of publication, posting and mailing as required under Section 13 of Republic Act No. 26.

Notices of hearing shall also be given to the Register of Deeds of the place where the property is located, the Land Registration Commissioner and the provincial or city fiscal of the province or city where the land is located who shall appear for and protect the interests of the government in court on the basis of the report and recommendations of the Land Registration Commissioner and the Register of Deeds concerned which are required to be submitted to the Court.

�13. The Court, after considering the report of the Land Registration Commission and comments and findings of the Register of Deeds concerned, as well as the documentary and parole evidence presented by the petitioner, may take such action on the petition as it may deem proper.

�14. The Clerk of Court shall furnish by registered mail the Land Registration Commission, the Register of Deeds concerned, the Solicitor General and the Provincial or City Fiscal each with a copy of the Order or judgment.�

III

NALTDRA Circular No. 91 dated November 27, 1986, which partly reads:

�In order to forestall, if not to entirely eliminate, duplication of land titles, Judges of the Court of First Instance and Municipal Judges who have been delegated to hear cadastral and ordinary land registration cases pursuant to Section 88 of Republic Act No. 296; as amended, are hereby directed:

�(1) to furnish the Bureau of Lands and the Land Registration Commission with a list of the lots being applied for in ordinary or cadastral cases;

�(2) to require the Bureau of Lands to submit a report, on or before the date of hearing, indicating which of the lots listed have already been issued patent by the Bureau or is the object of a pending application for the issuance of a patent;

�(3) to enjoin the Bureau of Lands from issuing patents to lots subject of pending land registration or cadastral proceedings until the question as to actual ownership is threshed out by the proper court, and

�(4) to require the Land Registration Commission (now, National � Land Title and Deeds Registration Administration, Banawe St., Quezon City) to submit a report on or before the date of hearing, indicating which of the lots listed have already been issued titles by the Commission or are the subject of pending decrees.�

The pertinent provisions of LRC Circular No. 364 dated December 5, 1979, to wit:

�1. SECTION 108, P.D. 1529 �

1. Petitions for inscription of technical descriptions on certificates of title under the provisions of Section 108 of Presidential Decree No. 1529 shall be directly filed with the Clerk of Court of the Court of First Instance of the province or city where the property is located, accompanied by the following requirements:

(a) The original and two (2) duplicate copies of the technical description of the lot sought to be inscribed duly certified by the Bureau of Lands, or any other government entity which might be in official custody of said technical descriptions;

(b) A certified and legible xerox copy of the certificate of title on which the technical description is sought to be inscribed.�

All Judges and Clerks of Court of Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts are hereby reminded, under pain of disciplinary sanctions, henceforth to comply strictly with the aforementioned circulars.

July 15, 1996.

( Sgd .) ANDRES R. NARVASA

Chief Justice ��

_________________________________________

Administrative Circular No. 10-96

tc " Administrative Circular No. 10-96"

To: �� All Clerks of Court, Branch Clerks of Court, Officers in

Charge, and � all � Accountable Officers of the Regional

Trial Courts, Metropolitan Trial Courts, Municipal Trial

Courts in Cities, Municipal Trial Courts, Municipal Circuit

Trial Courts, Shari'a District Courts, Shari'a Circuit Courts,

Court Libraries and Maintenance Offices of the Halls of

Justice

Subject: �� Conduct of Physical Inventory

For purposes of updating our records of property accountabilities and to determine existing conditions of our office equipment, furniture, books and other properties supplied by the Department of Justice when it had supervision over lower courts or before 17 January 1973, and by the Supreme Court thereafter, all Clerks of Court, Branch Clerks of Court, Officers-in-Charge and all accountable officers of the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, Shari'a District Courts, Shari'a Circuit Courts, Court Libraries and Maintenance Offices of the Halls of Justice are hereby directed to conduct a physical inventory of said properties assigned to their respective branches, offices and libraries as of 30 September 1996 and as of 31 December of every year thereafter. However, not included in this year's inventory reports are equipment, furniture and other properties issued by the Department of Justice to branches and offices in the Halls of Justice not covered by any formal turn-over. The conduct of inventory must be witnessed by a representative from the nearest Commission on Audit office.

The result of such inventory should be reflected in the attached Inventory Report form, accomplished in triplicate, and must be duly attested by the representative of the Commission on Audit.

In the preparation of the inventory reports, the condition of each piece of property should be duly indicated in the �Remarks� column of the prescribed form.

All Executive and Presiding Judges shall supervise the proper implementation of this directive within their respective jurisdictions to insure the prompt accomplishment and submission of such reports to the Property Division, Supreme Court, Manila , for compilation into a consolidated Inventory Report. The aforementioned officials are required to submit their inventory reports within thirty (30) working days from receipt of this Administrative Circular and on or before 30 January of every succeeding year.

20 September 1996.

( Sgd .) ANDRES R. NARVASA

Chief Justice � ��

_________________________________________

Circular No. 27-97 tc " Circular No. 27-97"

To: �� All Regional Trial Courts, Metropolitan Trial Courts,

Municipal Trial Courts in Cities, Municipal Trial Courts

and Municipal Circuit Trial Courts; and the Integrated

Bar of the Philippines

Subject: �� Timely information regarding absence of Presiding Judge.

In line with suggestions received by the Office of the Court Administrator, and finding the same valid for purposes of saving the time, effort and expense of counsels and litigants, you are hereby advised that �

1. If, for unforeseen causes, the Judge is unable to preside over the hearings set for the day, the Clerk of Court shall, whenever possible, immediately inform the concerned counsels of record through telephone about the absence of the Judge; this is in addition to a written formal notification if time permits.

2. For this purpose, the Clerk of Court shall indicate in the cover of the record of each case the telephone number or numbers of the counsel/s of record;

3. The counsel who has received information about the absence of the Judge may verify the fact, likewise through telephone, from the Clerk of Court concerned.

This Circular shall take effect immediately.

March 31, 1997.

( Sgd .) ALFREDO L. BENIPAYO

Court Administrator ��

_________________________________________

Circular No. 18-97

tc " Circular No. 18-97"

To: �� All Judges and Court Personnel

Subject: �� Guidelines on the Detail and Reassignment of Personnel

of the Lower Courts

In the interest of the public service, the following guidelines are hereby prescribed for the detail and/or reassignment of the personnel of the lower courts:

1. For purposes of this issuance, detail and reassignment shall refer to the following personnel actions:

A. Detail shall refer to any personnel movement:

(1) from a branch of one court within one administrative area to a branch of the same or another level of court within another administrative area but within the same judicial region;

(2) from a branch of one level of court in a judicial region to a branch of the same or another level of court in another judicial region; or

(3) from one level of court in a judicial region to the Office of the Court Administrator or vice-versa; and

B. Reassignment shall refer to any personnel movement:

(1) from a branch of one level of court to another branch of the same or another level of court within the same administrative area;

(2) from a branch of one level of court to the Office of the Clerk of Court within the same administrative area; or

(3) from one organizational unit to another in the Office of the Court Administrator.

2. In accordance with the provisions of Administrative Order No. 6, series of 1975, Executive Judges shall continue to have authority to reassign temporarily �the personnel of one branch ( sala ) to another branch ( sala ) or to the Office of the Clerk of Court, in case of vacancy in the position of Presiding Judge of a branch ( sala ), or when the interest of the service requires,� within his administrative area subject to the requirement prescribed therein.

3. A detail or reassignment shall be allowed only for meritorious reasons or when the exigencies and the interest of the service require the same. No request for detail or reassignment for purely personal reasons shall be granted.

4. The detail or reassignment of court personnel shall be allowed only for a period of three (3) months, except for a reassignment due to a vacancy in the position of the Presiding Judge of a branch falling under paragraph (2) hereof which � reassignment can continue until the said vacancy has been filled. Any request for the extension of the detail or reassignment for another period of three months may be granted but only for meritorious reasons. In addition, the request for the extension of the detail or reassignment should be sent or submitted at least fifteen (15) working days before the expiration of the original/previous detail or reassignment period.

5. A request for detail or reassignment shall include the specific reasons for the detail or reassignment sought. The request should also have the recommendation of (a) the Presiding Judge of the branch of the court where the employee seeks to be detailed or reassigned; and (b) the Presiding Judge of the branch of the court to which the employee requesting the detail or reassignment belongs.

Strict compliance with the guidelines prescribed by this issuance is hereby enjoined.

8 April 1997.

( Sgd .) ALFREDO L. BENIPAYO

Court Administrator ��

_________________________________________

Circular No. 26-97 tc " Circular No. 26-97"

To: �� All Judges and Clerks of Courts of the 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

Subject: �� Legal fees form for Lower Courts

To eradicate the practice of some clerks of court of retaining the original copy of the official receipt issued in acknowledgment of payment for file with the record of the case instead of issuing the same to the payor , JUDGES and CLERKS OF COURT are hereby DIRECTED to:

1) Compel their collecting officials to strictly comply with the provisions of the AUDITING AND ACCOUNTING MANUAL, Art. VI, Sec. 61 and 113, to wit:

�ARTICLE VI � Accountable Forms�

�Sec. 61. Kinds of Accountable forms � (a) Official Receipts � For proper accounting and control of collections, collecting officers shall promptly issue official receipts for all monies received by them. These receipts may be in the form of stamps or officially numbered receipts xxx.� (Italics supplied)

�Sec. 113. Issuance of official receipt � for proper accounting and control of revenues, no payment of any nature shall be received by a collecting officer without immediately issuing an official receipt in acknowledgment thereof. This receipt may be in the form of stamps xxx or officially numbered receipts, subject to proper custody and accountability.� (Italics supplied)

2) Cause the attachment of the Legal Fees Form for lower courts (Annex �A�), which is to be provided by the Property Division of the Office of the Court Administrator, to the record of the case in lieu of the official receipt.

Non-compliance with this CIRCULAR shall be dealt with administrative sanctions.

May 5, 1997.

( Sgd .) ALFREDO L. BENIPAYO

Court Administrator ��

Annex �A�

Republic of the Philippines

RTC/SDC/METC/MTCC/MTC/MCTC/SCC

LEGAL FEES FORM

Case No. _______________

RECEIVED this ___day of _____________, 19__ the following payments:

1. General Fund

a. �� Clerk of Court �� P____________ O.R. No.__________

�� General Fund

b. � Sheriff's

�� General Fund �� P____________ O.R. No.__________

2. Judiciary Development

Fund �� P____________ O.R. No.__________

3. Fiduciary Fund �� P____________ O.R. No.__________

4. Sheriff's Trust Fund �� P____________ O.R. No.__________

5. Legal Research Fund

Fee �� P____________ O.R. No.__________

6. Land Registration Fee �� P____________ O.R. No.__________

7. Victims Compensation

Fee��.. P____________ O.R. No.__________

Total :�� ____________

��

Paid By: �� Received By:

_______________________ �� ________________________

(Note: __________________________)

_________________________________________

Circular No. 51-97

tc " Circular No. 51-97"

To: �� All Clerks of Court of the Metropolitan Trial Courts,

Municipal Trial Courts in the Cities, Municipal Trial

Courts, and Municipal Circuit Trial Courts.

Subject: �� Report of cases on violation of traffic laws, rules and

regulations ordained under R.A. 4136, as amended

The fatal vehicular incidents that occurred on the same day on June 22, 1996 in Gumaca , Quezon and Leyte , wherein more than thirty (30) persons died, prompted President Fidel V. Ramos to send written instructions to Assistant Secretary Manuel F. Bruan , Head of the Land Transportation Office (LTO) �to institute stricter measures to improve public safety on roads especially Vehicle and Driver safety.�

Although such serious vehicular accidents usually wind up in Courts, and the guilty party meted the penal sanction, nonetheless the accessory penalty as to whether the driver's license would be revoked or suspended would suffer the fate of oblivion. The principal cause is the failure of Clerks of Court to furnish the LTO or its nearest agency a copy of the judgment of conviction or acquittal. Such lamentable state of complacency cannot be condoned.

Pursuant therefore to Sections 4(d), 8 and 58 in relation to Sections 16, 27 and 29 of R.A. 4136 as amended, in order to achieve the objectives thereof, i.e. � of instilling traffic discipline and fulfilling vehicle safety, driver safety and road safety in our highways, upon request of Assistant Secretary Manuel F. Bruan , Head of the Local Transportation Office, you are hereby ordered:

1. To submit by registered mail to the LTO, East Avenue, Quezon City, at the end of each month, a list of all cases, criminal or civil, involving violations of any provisions of the aforementioned Act or of other laws and ordinances relating to motor vehicles disposed of by your respective Courts during the month, indicating in each case, the name and address of the driver or owner of the vehicle, the number and date of issue of his license and/ or of the Certificate of Registration of the vehicle and the offense of which the driver/owner was convicted or acquitted. Only positive reports including change in the status of previously reported cases are required. No report is necessary if there is no case filed or if there is no change in the status of previously reported cases.

2. To forward by courier service to the nearest agency of LTO for suspension or revocation pursuant to Section 29 of the said Act, all licenses of drivers whose cases remain unsettled after fifteen (15) days from the date of apprehension.

Non-compliance herewith shall be treated as an administrative offense and dealt with accordingly.

July 15, 1997.

( Sgd .) ALFREDO L. BENIPAYO

Court Administrator ��

_________________________________________

Circular No. 47-97 tc " Circular No. 47-97"

To: �� All Clerks of Court of Regional Trial Courts, Shari'a

District Court, Metropolitan Trial Courts, Municipal

Trial Courts in Cities, Municipal Trial Courts, Municipal

Circuit Trial Courts and Shari'a Circuit Courts

Subject: �� Submission on time of Monthly Reports of Judiciary

Development Fund Collections and Remittances

The Court noted that, in spite of the issuances of Administrative Circulars and Memoranda to ensure proper handling of Judiciary Fund Collections and Deposits, there are still Clerks of Court/ Accountable Officers who have not been submitting their monthly report of collections and deposits on time, while others are not remitting at all their collections.

In view of the above, all Clerks of Court/Accountable Officers are hereby directed to follow strictly the guidelines prescribed hereunder:

1) Submission of monthly report of collections and deposits for all funds should be sent to the Accounting Division, Office of the Court Administrator (OCAD) not later than the 10th day of each succeeding month as laid out in Circular No. 32-93, hereto attached;

2) In cases where remittances are made through Postal Money Order (PMO), the amount of Postal Money Order should always equal total collections for each type of fund and the name of the payee is to be addressed to:

The Chief Accountant

Accounting Division � OCAD

Supreme Court of the Philippines

Taft Avenue , Manila

3) If no collection is made during the month, notice to that effect should be submitted to the herein-above address by way of a formal letter within (10) days after the end of every month.

Strictly compliance is hereby enjoined.

July 28, 1997.

( Sgd .) ALFREDO L. BENIPAYO

Court Administrator ��

_________________________________________

Circular No. 75-97

tc " Circular No. 75-97"

To: �� All Clerks of Courts of the Regional Trial Courts,

Metropolitan Trial Courts, Municipal Trial Courts in

Cities, Municipal Trial Courts, Municipal Circuit Trial

Courts and the Shari'a Courts

Subject: �� Performance rating

It has been observed by this Office that Executive Judges and Presiding Judges have been recommending the promotions of personnel under their supervision who obtained performance rating of Satisfactory.

In view thereof, and for the information and guidance of all concerned, their attention is invited to the pertinent provisions of Section 5 (a), Rule VI of the Omnibus Civil Service Law and Rules, Re: Promotion, promulgated on December 27, 1991, to wit:

�Section 5(a) � Performance. This shall be based on the last Performance Rating of the employee. However, no employee shall be considered for promotion unless his last Performance Rating is at least Very Satisfactory.�

Furthermore, paragraph IV (6) of the Civil Service Commission Memorandum Circular No. 38, s. 1993 dated September 10, 1993, Re: Omnibus Guidelines on appointments and other Personnel Actions, states:

�IV. Required Documents to be retained in the Agency

6. Performance Rating

a. For appointment by Promotion, the Performance Ratings of the appointee for the last two rating periods prior to the effectivity date of appointment which should be at least Very Satisfactory, shall be included in his 201 file.�

Likewise, Judges and Clerks of Courts are hereby reminded of the submission of Performance Ratings every six (6) months ending on June 30 and December 31 of every year, pursuant to Section 3, paragraph (d), Rule IX of the Omnibus Rules implementing Book V of Executive Order No. 292, which is quoted hereunder:

�Rule IX Performance Evaluation

Sec. 3. x x x

d. Performance evaluation shall be done every six (6) months ending on June 30 and December 31 of every year.� x x x

Please be guided accordingly.

Manila , September 19, 1997.

( Sgd .) ALFREDO L. BENIPAYO

Court Administrator ��

_________________________________________

Circular No. 62-97 tc " Circular No. 62-97"

To: �� All Judges and Personnel of the Court of Appeals,

Sandiganbayan , Court of Tax Appeals, Regional Trial

Courts, Metropolitan Trial Courts, Municipal Trial

Courts in Cities, Municipal Trial Courts, Municipal

Circuit Trial Courts.

Subject: �� Rules and Regulations on Teaching

For purposes of accomplishing the REQUEST FOR PERMISSION TO TEACH form prescribed in Circular No. 50-97, dated July 18, 1997, reiterated herein below are the rules and regulations on teaching which must be observed:

1. Teaching hours shall in no case be earlier than 5:30 p.m on regular working days (Monday through Friday) and 2:30 p.m on Saturdays;

2. Teaching shall be limited to eight (8) hours a week, and in no case shall a judge or court personnel be allowed to teach more than two (2) hours a day on regular working days (Monday through Friday);

3. Applications for permission to teach filed by a judge shall be accompanied by a certification of the Clerk of Court concerned regarding the condition of the court docket showing: (a) the number of pending cases; (b) the number of cases disposed of within a 3-month period prior to the start of the semester in their respective sala ; those filed by the court personnel shall be accompanied by a favorable recommendation by the Presiding Judge;

4. Application for permission to teach shall be subject to approval by the Court, which may deny the same or grant less than eight (8) hours, depending upon the applicant's performance record.

For strict compliance.

October 9, 1997.

( Sgd .) ALFREDO L. BENIPAYO

Court Administrator ��

_________________________________________

Circular No. 66-97

tc " Circular No. 66-97"

To: �� All Clerks of Court, Branch Clerks of Court and Deputy

Clerks of Court of the Sandiganbayan , Regional Trial

Courts, Metropolitan Trial Courts, Municipal Trial Courts

in Cities, Municipal Trial Courts and Municipal Circuit Trial

Courts.

Subject: �� Application for and grant of pardon and parole.

In line with the rulings of the Supreme Court in People vs. Hinlo , G.R. No. 110035, January 31, 1995, and People vs. Francisco Salle, G.R. No. 103567, December 4, 1995, declaring illegal the grant of pardon or parole, or even the practice of processing applications therefor , to an accused during the pendency of his appeal from his conviction by the trial court, it is hereby directed that all Commitment Orders for the commitment of an accused to prison should state that the prisoner concerned did not appeal the judgment of conviction or, if an appeal had been filed, that the same had been withdrawn/ dismissed/decided with finality.

For cases that arose prior to this Circular, the Clerks of Court concerned should issue a certification regarding the same information upon request by the Bureau of Corrections and/or the Board of Pardons and Parole.

Strict compliance herewith is enjoined.

October 14, 1997.

( Sgd .) ALFREDO L. BENIPAYO

Court Administrator

_________________________________________

circular no. 70-97 tc " circular no. 70-97"

To: �� All Judges and Clerks of Court of the Metropolitan Trial

Courts, Municipal Trial Courts in Cities, Municipal Trial

Courts, Municipal Circuit Trial Courts, Shari'a Circuit

Courts, the Members of the National Prosecution Service

and the Members of the Integrated Bar of the Philippines

Subject: �� Procedural guidelines in the collection of the filing fees

subject of Supreme Court Circular No. 57-97 dated

16 September 1997 and other Legal fees involved; and the

docketing of the Criminal Case/s on the violation of

Batas Pambansa Blg. 22

In implementation of the provisions of Circular No. 57-97 dated 16 September 1997 prescribing rules and guidelines in the filing and prosecution of criminal cases under Batas Pambansa Blg . 22 (�An Act Penalizing the Making or Drawing and Issuance of a Check Without Sufficient Funds or Credit and For Other Purposes�), the following procedures shall be followed in (a) the collection of the filing fees subject of said Circular No. 57-97 and other legal fees involved; and (b) the docketing of the criminal case or cases on the violation of Batas Pambansa Blg . 22:

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 Prosecutor 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 (10) 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 (10) � day period stated herein, the case folder shall be archived. After the lapse of two (2) months, the records may be disposed of.

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.

The filing fees and other legal fees shall be processed in accordance with the flowchart attached herewith as Annex �B.�

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.

6. This Circular shall take effect on 1 November 1997 and shall remain in force until further orders.

21 October 1997.

( Sgd .) ALFREDO L. BENIPAYO

Court Administrator ��

Annex �A�

__________________________

(Court)

__________________________

(Station)

UDK No. _______________________

_______________________________

RE: PAYMENT OF FILING FEES PURSUANT TO

SUPREME COURT CIRCULAR NO. 57-97

DATED 16 SEPTEMBER 1997

Sir:/Madam:

Please be informed that the ___________________________ has filed with this Court the information charging ____________________ with the violation of the provisions of Batas Pambansa Blg . 22 and as per Circular No. 57-97 dated September 16, 1997 issued by the Supreme Court, you are hereby required to pay the following amount indicated herein, computed as follows:

�� CLAIMS �� FILING FEES

1. Actual Damages �� ____________ �� 1. Gen. Fund

(Amount of Check/s)

2. Liquidated Damages (if any) �� ____________ �� 2. JDF

3. Moral Damages (if any) �� ____________ �� 3. LRF

4. Nominal Damages (if any) ��... �� ____________ �� 4. LRF

5. Temperate/Exemplary ��.. �� ____________ ��

Damages (if any)

TOTAL AMOUNT OF �� TOTAL AMOUNT OF

CLAIMS __________________ �� FILING FEES ________________________

�� (Please pay this amount)

IMPORTANT: Your case will be archived in case of your failure to pay the filing fees within ten (10) days from receipt hereof. After two (2) months, your case will be dismissed and the corresponding documents will be disposed of.

Very truly yours,

_______________________

_________________________________________

Circular No. 76-97

tc " Circular No. 76-97"

To: �� All Clerks of Court of the Sandiganbayan , RTC, MeTCs,

MTCCs, MTCs AND MCTCs

Subject: �� Section 27 of R.A. No. 8189

(The Voter's Registration Act of 1996)

Quoted hereunder for the information and guidance of all concerned are pertinent portions of Section 27 of Republic Act No. 8189 (The Voter's Registration Act of 1996), to wit:

�Section 27. Deactivation of Registration. � The board shall deactivate the registration and remove the registration records of the following persons from the corresponding precinct book of voters and place the same, properly marked and dated in indelible ink, in the inactive file after entering the cause or causes of deactivation:

a) Any person who has been sentenced by final judgment to suffer imprisonment for not less than one (1) year, such disability not having been removed by plenary pardon or amnesty: Provided, however, That any person disqualified to vote under this paragraph shall automatically reacquire the right to vote upon expiration of five (5) years after service of sentence as certified by the clerks of courts of the Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan ;

b) Any person who has been adjudged by final judgment by a competent court or tribunal of having caused/committed any crime involving disloyalty to the duly constituted government such as rebellion, sedition, violation of the anti-subversion and firearms laws, or any crime against national security, unless restored to his full civil and political rights in accordance with law: Provided, That he shall regain his right to vote automatically upon expiration of five (5) years after service of sentence;

c ) x x x

d ) x x x

e) x x x

f) x x x

For this purpose, the clerks of court of Municipal/Municipal Circuit/Metropolitan/Regional Trial Courts and the Sandiganbayan shall furnish the Election Officer of the city or municipality concerned at the end of each month, a certified list of persons who are disqualified under paragraph (a) hereof, with their addresses. x x x�

For strict compliance.

October 27, 1997

( Sgd .) ALFREDO L. BENIPAYO

Court Administrator ��

_________________________________________

CIRCULAR NO. 8-98 tc "CIRCULAR NO. 8-98"

TO: �� ALL JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL

COURTS, ME TRO POLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS

IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL

COURTS.

SUBJECT: �� SUBMISSION OF ORDERS OF INJUNCTION ISSUED AGAINST PRIVATE

ELECTRIC UTILITY OR RURAL ELECTRIC COOPERATIVES.

Quoted hereunder is the provision of Section 9 of Republic Act No. 7832 otherwise known as �An Act Penalizing the Pilferage of Electricity and Theft of Electric Power Transmission Lines/Materials, Rationalizing System Losses by Phasing out Pilferage Losses as a Component Thereof, and for Other Purposes. �

�Sec. 9. Restriction on the Issuance of Restraining Orders or Writs of Injunction. � 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 this Act, 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, submit a report to the Supreme Court setting forth in detail the grounds or reasons for its order.� (Italics supplied)

Wherefore, all copies of writs of injunctions or restraining orders above described and enjoined to be furnished this Court shall be addressed to �The Statistical Reports Division, Court Management Office, Office of the Court Administrator, Supreme Court, Manila .�

Please be guided accordingly.

January 26, 1998.

( Sgd .) ALFREDO L. BENIPAYO

Court Administrator ��

_________________________________________

CIRCULAR NO. 9-98

tc " CIRCULAR NO. 9-98"

TO: �� All Judges and Clerks of Court of the Regional Trial

Courts, Metropolitan Trial Courts, Municipal Trial

Courts in Cities, Municipal Trial Courts and Municipal

Circuit Trial Courts

SUBJECT: �� Observance of the Statutory Requirements for

Marriages and the Prescribed Amounts of Fees for

the Solemnization of Marriages

The following guidelines shall be observed by all judges in the exercise of their authority to solemnize marriages as defined by Article 7 of the Family Code of the Philippines , as amended:

1. Before solemnizing the marriage, the judge should (a) see to the presence and concurrence of the essential requirements of marriage prescribed by Article 2 of the Family Code, as amended; and (b) ensure compliance with Sections (2) and (3) of Article 3 of the same Code on the formal requisites of marriage.

2. In accordance with the provisions of Articles 7 and 8, the marriage shall be solemnized �within the court's jurisdiction� and �publicly in the chambers of the judge or in open court xxx and not elsewhere, except in cases of marriages contracted at the point of death or in remote places in accordance with Article 29 [of the Family Code, as amended], or where both of the parties request the solemnizing officer in writing in which case the marriage may be solemnized at a house or place designated by them in a sworn statement to that effect.�

3. For the performance of the marriage ceremony, including the issuance of the certificate of marriage, only the following legal fees in the amounts prescribed through Administrative Circular No. 31-90 dated 15 October 1990 shall be collected:

( a ) Two hundred (P200.00) pesos � for marriages solemnized by Justices of the Court of Appeals;

( b ) One hundred (P100.00) pesos � for marriages solemnized by Judges of the Regional Trial Courts; and

(c) Fifty (P50.00) pesos � for marriages solemnized by Judges of the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts.

4. The collection of other fees not mentioned by Administrative Circular No. 31-90, series of 1990, or the collection of the legal fees in any currency other than the Philippine peso shall not be allowed and shall be dealt with accordingly.

All Executive Judges are hereby directed to post copies of this Circular in conspicuous places in their respective courts. They are also enjoined to immediately report to the Court Administrator any violation of the provisions hereof.

For strict compliance.

27 January 1998.

( Sgd .) ALFREDO L. BENIPAYO

Court Administrator ��

_________________________________________

CIRCULAR NO. 47-98 tc "CIRCULAR NO. 47-98"

TO: �� ALL JUDGES AND CLERKS OF COURTS OF THE REGIONAL TRIAL

COURTS, SHARI'A DISTRICT COURTS, ME TRO POLITAN TRIAL COURTS,

MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS,

MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI'A CIRCUIT COURTS.

SUBJECT: �� DISPOSITION OF FIREARMS, AMMUNITIONS OR EXPLOSIVES IN

CUSTODIA LEGIS

In an earlier issuance (CIR NO. 2 dtd . 5/13/83), the Court directed all clerks of courts �to turn over, effective immediately, to the nearest Constabulary Command all firearms in your custody after the cases involving such firearms shall have been terminated. In Metro Manila, the firearms may be turned over to the Firearms and Explosives Unit at Camp Crame , Quezon City , while in the provinces, the firearms may be turned over to the respective PC Provincial Commands.�

Recently, Roberto T. Lastimoso , Police Director, Acting Chief, PNP � Chairman, National Law Enforcement Coordinating Committee, requested that PNP CIR. No. 5 Par. 6 (7) dtd . September 5, 1994, which reiterates in substance the proceeding directive, be given widest dissemination to all courts.

In response, we are reproducing the pertinent portion of said Circular, as a reminder and for the information and guidance of all concerned:

�7. Firearms being used as evidence in courts will only be turned-in to FEO (now Firearms and Explosives Division) upon the termination of the cases or when it is no longer needed as evidence.�

Strict compliance herewith is enjoined.

September 11, 1998.

( Sgd .) ALFREDO L. BENIPAYO

Court Administrator ��

_________________________________________

ADMINISTRATIVE CIRCULAR NO. 3-99 tc "ADMINISTRATIVE � CIRCULAR NO. � 3-99"

STRICT OBSERVANCE OF SESSION HOURS OF TRIAL COURTS

AND EFFECTIVE MANAGEMENT OF CASES

TO ENSURE THEIR SPEEDY DISPOSITION

TO: �� ALL TRIAL COURT JUDGES AND THEIR PERSONNEL AND THE INTEGRATED

BAR OF THE PHILIPPINES

To insure speedy disposition of cases, the following guidelines must be faithfully observed:

I. The session hours of all Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts shall be from 8:30 A.M. to noon and from 2:00 P.M. to 4:30 P.M. , from Monday to Friday. � The hours in the morning shall be devoted to the conduct of trial, while the hours in the afternoon shall be utilized for (1) the conduct of pre-trial conferences; (2) writing of decisions, resolutions, or orders; or (3) the continuation of trial on the merits, whenever rendered necessary, as may be required by the Rules of Court, statutes, or circulars in specified cases.

However, in multi- sala courts in places where there are few practicing lawyers, the schedule may be modified upon request of the Integrated Bar of the Philippines such that one-half of the branches may hold their trial in the morning and the other half in the afternoon.

Except those requiring immediate action, all motions should be scheduled for hearing on Friday afternoons, or if Friday is a non-working day, in the afternoon of the next business day. The unauthorized practice of some judges of entertaining motions or setting them for hearing on any other day or time must be immediately stopped.

II. Judges must be punctual at all times.

III. The Clerk of Court, under the direct supervision of the Judge, must comply with Rule 20 of the 1997 Rules of Civil Procedure regarding the calendar of cases.

IV. There should be strict adherence to the policy on avoiding postponements and needless delay.

Sections 2, 3 and 4 of Rule 30, 1997 Rules on Civil Procedure on adjournments and postponements and on the requisites of a motion to postpone trial for absence of evidence or for illness of a party or counsel should be faithfully observed.

Lawyers, as officers of the court, are enjoined to cooperate with judges to ensure swift disposition of cases.

V. The mandatory continuous trial system in civil cases contemplated in Administrative Circular No. 4, dated 22 September 1988, and the guidelines provided for in Circular No. 1-89, dated 19 January 1989, must be effectively implemented. For expediency, these guidelines in civil cases are hereunder restated with modifications, taking into account the relevant provisions of the 1997 Rules of Civil Procedure:

A. Pre-Trial

1. Within five (5) days after the last pleading joining the issues has been filed and served, the plaintiff must move ex parte that the case be set for pre-trial conference.

2. The parties shall submit, at least three (3) days before the conference, pre-trial briefs containing the following:

a. A statement of their willingness to enter into an amicable settlement indicating the desired terms thereof, or to submit the case to any of the alternative modes of dispute resolution;

b. A summary of admitted facts and proposed stipulation of facts;

c. The issues to be tried and resolved;

d. The number and names of the witnesses to be presented, an abstract of their testimonies, and the approximate number of hours that will be required by the parties for the presentation of their respective evidence;

e. Copies of all documents intended to be presented with a statement of the purposes of their offer;

f. A manifestation of their having availed or their intention to avail themselves of any discovery procedure, or of the need of referral of any issues to commissioners;

g. Applicable laws and jurisprudence;

h. The available trial dates of counsel for complete presentation of evidence, which must be within a period of three months from the first day of trial.

3. Before the pre-trial conference, the judge must study the pleadings of every case, and determine the issues thereof and the respective positions of the parties thereon to enable him to intelligently steer the parties toward a possible amicable settlement of the case or, at the very least, to help reduce and limit the issues. The judge should avoid the undesirable practice of terminating the pre-trial as soon as the parties have indicated that they cannot settle the controversy. He must be mindful that there are other important aspects of the pre-trial that ought to be taken up to expedite the disposition of the case.

4. At the pre-trial conference, the following shall be done:

a. The judge with all tact, patience and impartiality shall endeavor to persuade the parties to arrive at a settlement of the dispute; if no amicable settlement is reached, then he must effectively direct the parties toward the achievement of the other objectives or goals of pre-trial set forth in Section 2, Rule 18, 1997 Rules of Civil Procedure.

b. If warranted by the disclosures at the pre-trial, the judge may either forthwith dismiss the action, or determine the propriety of rendering a judgment on the pleadings or a summary judgment.

c. The judge shall define the factual issues arising from the pleadings and endeavor to cull the material issues.

d. If only legal issues are presented, the judge shall require the parties to submit their respective memoranda and thereafter render judgment.

e. If trial is necessary, the judge shall fix the trial dates required to complete presentation of evidence by both parties within ninety (90) days from the date of initial hearing.

5. After the pre-trial conference, the judge should not fail to prepare and issue the requisite pre-trial order, which shall embody the matters mentioned in Sec. 7, Rule 18 of the 1997 Rules of Civil Procedure.

6. Failure of the plaintiff to appear at the pre-trial shall be a cause for dismissal of the action. A similar failure of the defendant shall be a cause to allow the plaintiff to present his evidence ex- parte and the court to render judgment on the basis thereof.

7. Failure to file pre-trial briefs shall have the same effect as failure to appear at the pre-trial.

8. The judge should encourage the effective use of pre-trial discovery procedures (Administrative Circular No. 1 dated 28 January 1988, 2.1)

B. Trial

1. Unless the docket of the court requires otherwise, not more than four (4) cases shall be scheduled for trial daily.

2. The Presiding Judge shall make arrangements with the prosecutor and the Public Attorney's Office (PAO) so that a relief prosecutor and a PAO attorney are always available in case the regular prosecutor or (PAO) attorneys are absent.

3. Contingency measures must likewise be taken for any unexpected absence of the stenographer and other support staff assisting in the trial.

4. The issuance and service of subpoenae shall be done in accordance with Administrative Circular No. 4 dated 22 September 1988.

5. The judge shall conduct trial with utmost dispatch, with judicious exercise of the court's power to control trial proceedings to avoid delay.

6. The judge must take notes of the material and relevant testimonies of witnesses to facilitate his decision-making.

7. The trial shall be terminated within ninety (90) days from initial hearing. � Appropriate disciplinary sanctions may be imposed on the judge and the lawyers for failure to comply with this requirement due to causes attributable to them.

8. Each party is bound to complete the presentation of his evidence within the trial dates assigned to him. � After the lapse of said dates, the party is deemed to have completed the presentation of evidence. However, upon verified motion based on � compelling � reasons, the judge may allow a party additional trial dates in the afternoon; provided that said extension will not go beyond the three-month limit computed from the first trial date except when authorized in writing by the Court Administrator, Supreme Court.

VI. All trial judges must strictly comply with � Circular No. 38-98, entitled �Implementing the Provisions of Republic Act No. 8493� (�An Act to Ensure a Speedy Trial of All Cases Before the Sandiganbayan , Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, Appropriating Funds Therefor , and for other Purposes�) issued by the Honorable � Chief Justice Andres R. Narvasa on 11 August 1998 and which took effect on 15 September 1998.

VII. 1. As a constant reminder of what must be decided or resolved,

1. The judge must keep a calendar of cases submitted for decision, noting therein the exact day, month and year when the 90-day period is to expire. As soon as a case is submitted for decision, it must be noted in the calendar of the judge; moreover, the records shall be duly collated with the exhibits and the transcripts of stenographic notes, as well as the trial notes of the judge, and placed in the judge's chamber.

2. In criminal cases, the judge will do well to announce in open court at the termination of the trial the date of the promulgation of the decision, which should be set within 90 days from the submission of the case for decision.

3. All judges must scrupulously observe the period prescribed in Section 15, Article VIII of the Constitution.

This Circular shall take effect on 1 February 1999, and the Office of the Court Administrator shall ensure faithful compliance therewith.

City of Manila , 15 January 1999.

( Sgd .) HILARIO G. DAVIDE, JR.

Chief Justice ��

_________________________________________

A.M. NO. 99-1-13-SC

TRANSFER TO REGIONAL TRIAL COURTS OF CASES FALLING WITHIN THE

JURISDICTION OF THE FAMILY COURTS FROM THE METROPOLITAN TRIAL

COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS

AND MUNICIPAL TRIAL COURTS

WHEREAS, Section 32 of the Judiciary Reorganization Act of 1980, as amended by Republic Act No. 7691, provides, o the one hand, that the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts shall exercise exclusive original jurisdiction over, among others, �all offenses punishable with imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless of other imposable accessory or other penalties, including the civil liability arising � from such offenses or predicated thereon, irrespective of kind, nature, value or amount thereof xxx.�

WHEREAS, on the other hand, Section 5 of Republic Act 8369, otherwise known as the Family Courts of 1997, provides that the Family Courts shall have original jurisdiction to hear and decide the following cases, regardless of the penalty by law:

�a) 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 more of the victims is a minor at the time of the commission of the offense. Xxx

h) Cases against minors cognizable under the Dangerous Drugs Act, as amended; [and]

i ) 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.�

WHEREAS, pending the constitution and organization of the Family Courts and the designation of branches of the Regional Trial Courts as Family Courts in accordance with Section 17 (Transitory Provisions) of R.A. No. 8369, there is need to provide guidelines in the hearing and determination of criminal cases falling within the jurisdiction of Family Courts which have heretofore been filed with first level courts.

NOW, THEREFORE, the Court has RESOLVED, as it resolves, that all criminal cases within the jurisdiction of the Family Courts filed with the first level court shall be transferred to the Regional Trial Courts which shall take cognizance thereof as follows:

SECTION 1. Inventory of Cases. � All Judges of Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts shall cause (1) the taking of an inventory within ten (10) days from receipt of a copy of this issuance of all criminal cases falling within the jurisdiction if the Family Courts filed with their respective courts; and (2) the preparation of the appropriate inventory list. The list shall indicate the case number and the status of each case � whether for pre-trial, trial or submitted decision. A copy of the list shall be submitted to the Court Management Office (Attention: The Chief, Statistical Reports Division) of the Office of the Court Administrator.

SEC. 2. Transfer of cases in provinces or cities with only a single sala Regional Trial Court. � Where the Regional Trial Court of the province or city has a single sala , judges of the Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts within the administrative area of the said Regional Trial Court shall forward the listed cases, together with the corresponding records, to the Regional Trial Court within five (5) days from the completion of the inventory, except the cases which have already been submitted for decision as of the effectivity of this Resolution.

SEC. 3. Transfer of cases in provinces or cities with multiple sala Regional Trial Court.� Where the Regional Trial Court of the province or city has two (2) or more branches, judges of the Metropolitan Trial Courts, Municipal trial Courts in Cities, Municipal Trial Courts and Municipal Trial Courts and Municipal Circuit Trial Court shall submit the listed cases, together with the corresponding records, except the cases which have already been submitted for decision as of the effectivity of this Resolution, to the Executive Judge of the Regional Trial Court. The said Executive aJudge shall then effect the distribution of the listed cases to the branch or branches of the Regional Trial Court designated to handle juvenile and domestic relations cases and cases involving youthful offenders.

a) In case only one (1) branch of the Regional Trial Court has been designated to handle juvenile and domestic relations cases and cases involving youthful offenders, the Executive Judge shall cause the transfer of the listed cases to the Regional Trial Court branch so designated after receipt of the records.

b) In case two (2) or more branches of the Regional Trial Court have been designated to handle the aforementioned cases, the Executive Judge shall, within ten (10) days from receipt of the records, conduct the raffle, with notice to the parties, and distribute the cases, together with the records, to the Regional Trial Court branches involved.

c) In provinces or cities with multiple- sala Regional Trial Court but no branch or branches thereof have been designated to handle juvenile and domestic relations cases or cases involving youthful offenders, the Executive Judge shall conduct the appropriate raffle and distribute the said cases, together with the records, to the branches of the Regional Trial Court within ten (10) days from receipt of such records.

SEC. 4. Resolution of and decision on cases already submitted for decision. � Cases which have already been submitted for decision before the effectivity of this Resolution in Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts in which they have been filed and heard shall be resolved by such courts, as the case maybe.

SEC. 5. Publication and Effectivity . � This resolution shall take effect on 1 March 1999 and shall be published in two (2) newspapers of general circulation in the Philippines before 15 February 1999.

Promulgated this 9 th day of February 1999.

( Sgd .) HILARIO G. DAVIDE

Chief Justice ��

_________________________________________

EN BANC

A.M. No. 99-08-01-SC

RESOLUTION PROVIDING FOR OTHER SOURCES

OF THE JUDICIARY DEVELOPMENT FUND

Whereas , Presidential Decree No. 1949, promulgated on 18 July 1984, established the Judiciary Development Fund �for the benefit of the members and personnel of the � Judiciary to help ensure and guarantee the independence of the Judiciary as mandated by the Constitution and public policy and required by the impartial administration of justice;� and to �safeguard the integrity of its members;�

Whereas , Section 1 of the Decree provides that the �Fund shall be derived from, among others, the increase in the legal fees prescribed in the amendments to Rule 141 of the Rules of Court to be promulgated by the Supreme Court;�

Whereas, the phrase �among others� in Section 1 of the Decree logically refers to such sources as may be prescribed or defined by the Supreme Court, having in view the purpose for which the Judiciary Development Fund is established, i.e., �to help ensure and guarantee the independence of the Judiciary� and of the constitutional mandate that the �Judiciary shall enjoy autonomy� (Sec. 3, Art. VIII, Constitution);

Whereas, the Court�s authority to determine, fix and prescribe such other sources of the Judiciary Development Fund is affirmed in the third Whereas Clause of the Presidential Decree No. 1949 that �the Judiciary, in the discharge of its functions and duties, can generate its own funds and resources to help augment its budgetary requirements and ensure the uplift of its members and personnel.� (Italics supplied for emphasis);

Whereas, considering the greatly increased cost of living, the devaluation of the peso and inflation, on the one hand, and the urgent need to attract more qualified lawyers and individuals to the Judiciary, on the other hand, it is necessary to augment the Judiciary Development Fund by (a) increasing the docket and other fees prescribed in Rule 141 of the Rules of Court, with due regard to the constitutional guarantee that free access to the courts shall not be denied to any person by reason of poverty (Sec. 11, Article III, Constitution), and (b) determining, fixing and prescribing other sources of the Judiciary Development Fund;

NOW, THEREFORE, in order to augment the Judiciary Development Fund created by P.D. No. 1949, the Supreme Court hereby RESOLVES:

1. To (a) increase the docket and other fees presently prescribed in Rule 141 of the Rules of Court, and (b) prescribe and impose docket fees on estafa cases where the offended party fails to manifest within fifteen (15) days following the filing of the information that the civil liability arising from the crime has been, or would be, separately prosecuted; motions for postponement after completion of the pre-trial stage; applications for notarial commissions; bonds by sureties in criminal and civil cases; applications for and entries of certificates of sale and final deeds of sale in extrajudicial foreclosures of mortgages; and applications for and certificates of sale in notarial foreclosures. For this purpose, the Office of the Court Administrator shall submit for the approval of the Court the appropriate recommendation thereon not later than 15 October 1999;

2. To DECLARE as part of the Judiciary Development Fund the following:

a) Incomes derived by the Judiciary from:

(1) Sales of

( aa ) reports (of Decisions of the Supreme Court, Court of Appeals, Sandiganbayan ), books, periodicals, pamphlets or the like, printed by the Supreme Court printing press or any other printing firm at the instance of or for the Supreme Court, Court of Appeals, or Sandiganbayan or as the case may be;

( bb ) unserviceable equipment and pieces of furniture (such as vehicles, computures , typewriters, chairs, tables, etc.);

(cc) disposable records on papers; and

(2) The pursuit or operation of transporation facilities for members and personnel of the Judiciary offered by the Supreme Court, Court of Appeals, the Sandiganbayan , or the lower courts;

(3) The grant of concessions to operate canteens or to provide other services; and

(4) Rentals of facilities.

b) Fees collected from Bar candidates, or participants of seminars/workshops or conferences offered or conducted by the Court.

c) Fees now authorized to be paid or collected by sheriffs, such as sheriff�s commissions.

d) Interests on deposits of its income.

e) Interests on deposits of money paid to or deposited with clerks of courts or other accountable officials of courts for any purpose, such as for interpleader , consignation, etc., which have been, or to be treated as trust fund or special fund.

f) Confiscated cash bonds, satisfaction of judgments against bonds, and proceeds from the public sale of confiscated bonds, in both civil and criminal cases where such bonds were posted.

This Resolution shall not bar the future determination of other sources of the Judiciary Development Fund.

This Resolution shall take effect on 1 November 1999 and shall be published in two newspapers of general circulation in the Philippines .

Let copies of this Resolution be furnished the Office of the President, the Senate President, the Speaker of the House of Representatives, and the Secretarities of the Department of Budge and Management, Department of Finance and the Department of Justice.

Promulgated this 14th day of September 1999.

Davide , Jr. ,C.J ., Bellosillo , Melo , Puno , Vitug , Kapunan , Mendoza, Panganiban , Quisumbing , Purisima , Pardo , Buena, Gonzaga -Reyes, Ynares -Santiago, JJ., concur

_________________________________________

ADMINISTRATIVE CIRCULAR NO. 1-2001

TO �� : �� CLERKS OF COURT AND BRANCH CLERK OF COURT OF ALL

LOWER COURTS

SUBJECT �� : �� SUBMISSION OF LISTS OF CASES FILED/RAFFLED,

DISPOSED, ARCHIVED, TRANSFERRED/RERAFFLED,

AND WITH SUSPENDED PROCEEDINGS

To achieve a more accurate and dependable court reporting system and effective monitoring of caseflow in the lower courts, all clerks of court and branch clerks of court are hereby enjoined to submit the following monthly reports effective December 2000:

1. List of newly or raffled cases, revived or reinstated cases, or cases transferred or reraffled from other salas .

2. List of decided or resolved cases after trial on the merits or by compromise agreement, plea of guilt, and the like; and/or resolved complaints after preliminary investigation (for first level courts);

3. List of archived cases (stating the reason/s for archiving the case);

4. List of cases transferred or reraffled to other salas ; and

5. List of cases with suspended proceedings (stating the reason/s for such suspension).

The following data shall be indicated in each of the separate listings: � case number; title of case; nature of case; date filed, revived or reinstated, or transferred or reraffled from other salas ; and date decided or resolved, archived, transferred or reraffled to other salas , or when proceedings were suspended.

To facilitate the processing and analysis thereof, the aforesaid lists shall be attached to the corresponding Monthly Reports of Cases (SC Form No. 1, Revised January 1995) submitted monthly by each court.

This Court hereby reiterates the directive to all clerks of court in courts with multiple salas to send copies of the Minutes of Raffle to the Office of the Court Administrator as required by Administrative Circular No. 1 dated 28 January 1998, particularly Item No. 8 (Raffle of Cases) thereof.

Strict compliance is hereby enjoined. � The Court Administrator and the Deputy Court Administrators in respect to their assigned Judicial Regions shall monitor such compliance.

This Administrative Circular shall take effect on the fifteenth day of January 2001.

Issued this 2nd day of January 2001.

( Sgd .) HILARIO G. DAVIDE, JR.

Chief Justice ��

_________________________________________

ADMINISTRATIVE CIRCULAR No. 2-2001

TO �� : �� TRIAL COURT JUDGES CLERKS OF COURT/BRANCH CLERKS

OF COURT ALL COURT PERSONNEL

SUBJECT �� : �� AMENDMENT TO ITEM NO. A.2 OF ADMINISTRATIVE CIRCULAR

NO. 10-94 DATED 29 JUNE 1994

For a more complete and reliable information on the caseflow in the Lower Courts, Item No. A.2 of Administrative Circular NO. 10-94 dated 29 June 1994, providing for the semestral docket inventory procedure, is hereby amended to read as follows:

A. Docket Inventory

x � x � x

2. In order to amplify and make more effective the circular. All trial judges and their clerks of court or branch clerks of court shall observe the following docket inventory procedure:

a. Every trial judge and his/her clerk of court/branch clerk of court shall submit not later than the last week of February and the last week of august of each year a tabulation of all pending cases, which shall indicate on a horizontal column the following data:

1) Case Number

2) Case Title

3) Nature of Case

4) Date Filed/Raffled

5) Date of Pre-Trial (in civil cases) or Arraignment (in criminal cases)

6) Date of Initial Hearing

7) Last Trial or Court Action Taken and Date Thereof

8) Date Submitted for Decision

b. The docket inventory shall end with a joint certification by the trial judge and his/her of court or branch clerk of court that they have personally undertaken an inventory of cases pending in their curt, and that they have examined each record and initialled the last page thereof. � The actual inclusive dates when the inventory was conducted shall be indicated in the said certification.

c. The Tabulation and Joint Certification shall be in the following form:

Docket Inventory for the Period

1 January to 30 June 200___ 1 July to 31 December 200___

Court and Station �� : �� __________________

Presiding Judge �� : �� __________________

Case No.

Title

Nature

Date Filed/ Raffled

Date of

Pre-Trial/ Arraignment

Date of

Initial

Trial

Last Trial/Court Action Taken and Date Thereof

Date Submitted for Decision

JOINT CERTIFICATION:

We hereby certify that on/from ______________________ 200____, we personally conducted a physical inventory of pending cases in this court and that we personally examined the records of each case and initialed the last page thereof. � We certify further that the results of the inventory are correctly reflected in the above tabulation.

�� _________________________ �� _________________________

�� Presiding Judge �� Clerk of Court or

�� Date ______________ �� Branch Clerk of Court

�� Date _____________

Subsequent docket inventory shall be prepared and accomplished to conform with the revised tabulated form, effective the semestral period period of 1 July 2000 to 31 December 2000.

Strict compliance with this administrative Circular, which shall take effect on 15 January 2001, is enjoined.

Issued this 2nd day of January 2001.

( Sgd .) HILARIO G. DAVIDE, JR.

Chief Justice ��

_________________________________________

EN BANC

[A.M. No. 99-10-05-0. August 7, 2001]

(AS FURTHER AMENDED, AUGUST 7, 2001)

PROCEDURE IN EXTRA-JUDICIAL FORECLOSURE

OF MORTGAGE

In line with the responsibility of an Executive Judge under Administrative Order No. 6, dated June 30, 1975, for the management of courts within his administrative area, included in which is the task of supervising directly the work of the Clerk of Court, who is also the Ex-Officio Sheriff, and his staff, and the issuance of commissions to notaries public and enforcement of their duties under the law, the following procedures are hereby prescribed in extrajudicial foreclosure of mortgages:

1. All applications for extra-judicial foreclosure of mortgage whether under the direction of the sheriff or a notary public, pursuant to Act 3135, as amended by Act 4118, and Act 1508, as amended, shall be filed with the Executive Judge, through the Clerk of court who is also the Ex-Officio Sheriff.

2. Upon receipt of an application for extra-judicial foreclosure of mortgage, it shall be the duty of the Clerk of Court to:

a) receive and docket said application and to stamp thereon the corresponding file number, date and time of filing;

b) collect the filing fees therefore pursuant to rule 141, Section 7(c), as amended by A.M. No. 00-2-01-SC, and issue the corresponding official receipt;

c) examine, in case of real estate mortgage foreclosure, whether the applicant has complied with all the requirements before the public auction is conducted under the direction of the sheriff or a notary public, pursuant to Sec. 4 of Act 3135, as amended;

d) sign and issue the certificate of sale, subject to the approval of the Executive Judge, or in his absence, the Vice-Executive Judge. � No certificate of sale shall be issued in favor of the highest bidder until all fees provided for in the aforementioned sections and in Rule 141, Section 9(1), as amended by A.M. No. 00-2-01-SC, shall have been paid; Provided, that in no case shall the amount payable under Rule 141, Section 9(1), as amended, exceed P100,000.00;

e) after the certificate of sale has been issued to the highest bidder, keep the complete records, while awaiting any redemption within a period of one (1) year from date of registration of the certificate of sale with the Register of Deeds concerned, after which, the records shall be archived. � Notwithstanding the foregoing provision, juridical persons whose property is sold pursuant to an extra-judicial foreclosure, shall have the right to redeem the property until, but not after, the registration of the certificate of foreclosure sale which in no case shall be more than three (3) months after foreclosure, whichever is earlier, as provided in Section 47 of Republic Act No. 8791 (as amended, Res. of August 7, 2001).

Where the application concerns the extrajudicial foreclosure of mortgages of real estates and/or chattels in different locations covering one indebtedness , only one filing fee corresponding to such indebtedness shall be collected. � The collecting Clerk of Court shall, apart from the official receipt of the fees, 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 extrajudicial foreclosures to proceed thereat.

3. The notices of auction sale in extrajudicial foreclosure for publication by the sheriff or by a notary public shall be published in a newspaper of general circulation pursuant to Section 1, Presidential Decree No. 1079, dated January 2, 1977, and non-compliance therewith shall constitute a violation of Section 6 thereof.

4. The Executive Judge shall, with the assistance of the Clerk of Court, raffle applications for extrajudicial foreclosure of mortgage under the direction of the sheriff among all sheriffs, including those assigned to the Office of the Clerk of Court and Sheriffs IV assigned in the branches.

5. The name/s of the bidder/s shall be reported by the sheriff or the notary public who conducted the sale to the Clerk of Court before the issuance of the certificate of sale.

This Resolution amends or modifies accordingly Administrative Order No. 3 issued by then Chief Justice Enrique M. Fernando on 19 October 1984 and Administrative Circular No. 3-98 issued by the Chief Justice Andres R. Narvasa on 5 February 1998.

The Court Administrator may issue the necessary guidelines for the effective enforcement of this Resolution.

The Clerk of Court shall cause the publication of this Resolution in a newspaper of general circulation not later than August 14, 2001 and furnish copies thereof to the Integrated Bar of the Philippines .

This Resolution shall take effect on the 1 st day of September of the year 2001.

Promulgated this 7 th day of August 2001 in the City of Manila .

Davide , Jr., C.J., Bellosillo , Melo , Puno , Vitug , Kapunan , Mendoza, Panganiban , Quisumbing , Pardo , Buena, Gonzaga -Reyes, Ynares -Santiago, and De Leon, Jr., JJ., concur.

Sandoval-Gutierrez J., on leave.

_________________________________________

ADMINISTRATIVE CIRCULAR NO. 40-2001

TO: �� JUDGES OF THE COURTS OF THE FIRST AND SECOND LEVELS

SUBJECT: �� GUIDELINES ON THE ISSUANCE OF SUBPOENA REQUIRING A

DETENTION PRISONER DETAINED IN ONE PLACE TO APPEAR IN

ANOTHER PLACE FOR THE PURPOSE OF TAKING HIS TESTIMONY

It has been observed that judges issue as a matter of course subpoena to prisoners-accused who are detained in another place, requiring them to personally appear and testify before their courts, without considering the validity of the purpose of the application for subpoena and the necessity or indispensability of the personal attendance of such prisoners as required by the rules and other pertinent circulars. This practice exposes prisoners to security risks attendant to travel, often resulting in dire consequences.

To minimize or prevent the unnecessary transfer of detained prisoners to another place for the taking of their testimony, and subject to the provisions of Section 2, Rule 21 of the Rules on Civil Procedure and Administrative Circular No. 6 dated 05 December 1977, the following guidelines shall be strictly observed.

1. Any application for the issuance of subpoena ad testificandum shall be studied carefully and judiciously by the judge receiving the same to determine whether the application is for a valid purpose.

2. If, in his sound judgment, the personal appearance or attendance at the hearing or trial of the case before him by a prisoner detained in another place can be dispensed with, considering all the circumstances of the case in light the �absolute necessity� rule and the availability under the Rules of Court of more practicable alternative modes of taking the testimony of the prisoner other than personal appearance, the application shall be denied.

3. On the other hand, if the personal appearance or attendance of the prisoner at the hearing or trial is indispensable or that his complicity in the commission of the offense subject of the hearing or trial has been fully established, the said application shall be granted.

4. In case a subpoena is issued, the court before which the case of the detained prisoner is pending shall forthwith be duly informed thereof by the judge issuing the same as a matter of judicial courtesy and an orderly procedure in the context of trial scheduling.

5. The full testimony of the prisoner shall be taken at once and immediately thereafter, the prisoner shall be returned to his original place of confinement.

Full compliance of the above matters is hereby enjoined. The Office of the Court Administrator is directed to implement this Administrative Circular.

This Administrative Circular shall take effect immediately.

Issued this 8 th day of August 2001.

( Sgd .) HILARIO G. DAVIDE, JR.

Chief Justice ��

_________________________________________

EN BANC

A.M. No. 01-1-07-SC. - Re: Guidelines in the Accreditation of Newspapers and Periodicals and in the Distribution of Legal Notices and Advertisements for Publication.

RESOLUTION

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;

(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 or 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, fo wit:

(a) Font size � eight (8) points for the text or less, and not more than ten (10) points for the heading;

(b) Column width � more but not less than nine (9) ems ; and

(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 ovef 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 bonafide 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 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 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.

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.

Davide , Jr , CJ., Bellosillo , Melo , Puno , Vitug , Kapunan , Mendoza, Panganiban , Quisumbing , Purisima , Pardo , Buena, Gonzaga -Reyes and Ynares -Santiago, JJ., concur.

_________________________________________

ADMINISTRATIVE CIRCULAR NO. 61-2001

TO �� : �� ALL JUDGES, CLERKS OF COURT, BRANCH CLERKS OF

COURT, AND OFFICERS-IN-CHARGE OF THE COURT OF

TAX APPEALS, REGIONAL TRIAL COURTS, METROPOLITAN

TRIAL COURTS, MUNI-CIPAL TRIAL COURTS IN CITIES,

MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL

COURTS, SHARI' A DISTRICT COURTS AND SHARI ' A 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

1. 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.

2. 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.

3. 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 ( lOth ) 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

4. 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.

5. 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.

6. 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

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

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

3. 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.

4. 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-l 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-l 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 (jar 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 subtotals thereof under Column 9. Cases subject of Item No. II-B are those cases which have been decided or resolved but reopened for re-trial 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 co-equal 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, lI -B and II-C, same Column. The guidelines set forth in Note No.1 should be followed.

5. 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 through other dispositions such as compromise agreement of parties and judgment on the pleadings appearing in Item No. III-A-2, and the number of criminal complaints 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. Ill-A-l , 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 or 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. III (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 1 of Item No. III is the sum total of the cases of Item Nos. III-A, III-B and III-C, same Column. The guidelines set forth in Note No.1 should be observed.

6. 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. III 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.

7. 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 reinvestigation, 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.

8. 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.

9. 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.

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

11. 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 CLAUSE

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 ��

Gentlemen:

Quoted hereunder, for your information, is a resolution of the Court En Banc dated 26 February 2002.

A.M. No. 99-10-05-0 ( Re: Procedure in the Extra-Judicial Foreclosure of Mortgages ).� For consideration is the Memorandum, dated February 8, 2002, of Clerk of Court Luzviminda D. Puno transmitting the request of the Office of the Court Administrator (OCA) for correction of Circular No. �� 7-2002 which the OCA had earlier submitted to provide guidelines for the enforcement of A.M. No. 99-10-05-0 and which was subsequently approved by this Court in its resolution of January 22, 2002. The corrections submitted for the Court�s approval are as follows:

(1) [The] [l] etterhead should be that of the Office of the Court Administrator;

(2) [The] [t] itle of the circular should be deleted as the same is already stated in the subject matter;

(3) In relation to Sec. 4(b )( 1), provision should be made as to personal notice to debtor-mortgagor, and instead of Circular No. 5-98, 12 January 1998, reference should be made to the new circular on publication, i.e., Guidelines in the Accreditation of Newspapers and Periodicals and Distribution of Legal Notices and Advertisements for Publication, Resolution promulgated on 16 October 2001 in A.M. No. 01-1-07-SC; and

(4) � The word �Sheriff� in Sec. 6 should be changed to �Clerk of Court�, thus:

�Sec. 6. After the sale, the Clerk of Court shall collect x x x .�

After due consideration of the request of the Office of the Court Administrator and finding the same to be well taken, the Court RESOLVED:

(1) to GRANT the aforesaid request for the correction of Circular No. 7-2002, except No. 3 regarding the addition of a provision for personal notice of extrajudicial foreclosure of real estate mortgages to the debtor-mortgagor, which is hereby denied. Personal notice to the debtor-mortgagor in case of the extrajudicial foreclosure of real estate mortgage is not required by Act No. 3135 ( Bonnevie v. Court of Appeals, 125 SCRA 122 (1983)), being merely the enforcement of the agreement of the parties to a contract ( Community Savings and Loan Association, Inc. v. Court of Appeals, 153 SCRA 564 (1987)). The addition of such requirement can only make the procedure for extrajudicial foreclosure cumbersome; and

(2) to AMEND Sec. 4(b)(1) of its Circular No. 7-2002 so as to make it read as follows:

Sec. 4. The Sheriff no whom the application for extra-judicial foreclosure of mortgage was raffled shall do the following:

b. (1) In case of foreclosure of real estate mortgage, 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 No. 3135, as amended). The Executive Judge shall designate a regular working day and definite time each week during which said notice shall be distributed personally by him for publication to qualified newspapers or periodicals as defined in Sec. 1 of P.D. No. 1079, which distribution shall be effected by raffle (A.M. No. 01-1-07-SC, Oct. 16, 2001). UNLESS OTHERWISE STIPULATED BY THE PARTIES TO THE MORTGAGE CONTRACT, THE DEBTOR-MORTGAGOR CONTRACT, THE DEBTOR-MORTGAGOR NEED NOT BE PERSONALLY SERVED A COPY OF THE NOTICE OF THE EXTRAJUDICIAL FORECLOSURE.

The Clerk of Court is directed to furnish the OCA a magnetic (diskette) copy of Circular No. 7-2002 so that the pertinent changes can be made pursuant to this resolution. The OCA is directed to submit to the Court Circular No. 7-2002, as thus corrected, for final approval and for determination of the date of its effectivity .

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court ��

By: ( Sgd .) MA. LUISA D. VILLARAMA

Assistant Clerk of Court �

_________________________________________

CIRCULAR NO. 37-2002

TO: �� ALL CLERKS OF COURT/OFFICERS-IN-CHARGE OF THE

OFFICES OF THE CLERK OF COURT AND BRANCH CLERKS OF

COURT/OFFICERS-IN-CHARGE 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: �� MONTHLY SUBMISSION OF INVENTORY REPORT.

In order to provide timely preparation of reports, proper monitoring and administrative control of equipment, supplies, and accountable forms, as well as the disposal and replacement of unserviceable equipment, ALL CLERKS OF COURT, BRANCH CLERKS OF COURT, OFFICERS-IN-CHARGE, and ALL ACCOUNTABLE OFFICERS of the Courts above-mentioned are hereby directed to properly accomplish the attached Inventory Report Form in triplicate and to submit monthly the duly accomplished form to the Property Division, Office of the Court Administrator, at least within five days after the end of every month. This circular shall take effect immediately.

For strict compliance.

15 March 2002.

( Sgd .) PRESBITERO J. VELASCO, JR.

Court Administrator ��

_________________________________________

APPENDIX "B"

MANUAL OF INSTRUCTIONS

TO BE OBSERVED BY CLERKS OF COURTS

OF REGIONAL TRIAL COURTS IN ORDINARY

AND CADASTRAL LAND REGISTRATION CASES

For the purpose of insuring a uniform and expeditious procedure in the adjudication of land titles under the provisions of Pres. Decree No. 1529 and Act No. 2259, as amended, otherwise known as the Property Registration Decree and the Cadastral Act, respectively, these Instructions are promulgated with the approval of the Secretary of Justice in accordance with the provisions of Sec. I (4) of Executive Order No. 649, dated February 9, 1981, for the strict compliance of all Clerks of Court of Regional Trial Courts in their capacity as subordinate officers of the Land Registration Authority.

The following shall be considered official duties of said Clerks of Court in the exercise of their functions relative to ordinary and cadastral land registration cases:

PART I

ORDINARY LAND REGISTRATION CASES:

APPLICATION

1. Form and Contents; Number of Copies; Service to Regional Executive Director .- To receive, upon payment of the filing fees and cost of publication of the notice of initial hearing in the Official Gazette, all applications for registration of title to lands situated in the province or city wherein he is the Clerk of Court, noting thereon the date and hour of receipt, and to demand compliance with the following requirements:

(a) That the application shall be in accordance with the form prescribed in Sec. 15 of P.D. 1529 and should state the full name of the applicant, his civil status, citizenship, residence and postal address, and if a minor, his age. If the applicant is married, the application should state the name of his spouse and whether the property applied for registration is conjugal or exclusive property of the applicant. If the marriage has been legally dissolved, when and how the marriage relation terminated. The application should also state the names and addresses of all occupants of the land and those of the adjoining owners, if known and if not known, it shall state the extent of the search made to find them.

(b) That the application be subscribed by the applicant or the person duly authorized in his behalf, and sworn to before any officer authorized to administer oaths for the province or city where the application was actually signed. Should there be more than one applicant, the application shall be signed and sworn to by and in behalf of each.

(c) That the application and its accompanying papers be filed in triplicate which shall be distributed as follows: the original for the Clerk of Court, the duplicate for the Land Registration Authority, and the triplicate for the Solicitor General.

(d) That prior to the filing of the application, the applicant has furnished the Director of Lands (now, the concerned Regional Executive Director of the Department of Environment and Natural Resources), with a copy of the application and its annexes. (Sec. 17, P.O. 1529).

2. Papers to Accompany the Application .- The application for original registration shall be accompanied by the following:

a) The original plan in tracing cloth or Diazo Polyester film duly approved by the Regional Technical Director, Lands Management Sector of the Department of Environment and Natural Resources, the same to be attached to the duplicate record which will be forwarded to the Land Registration Authority. Where in lieu of thereof, a true copy of the original plan in tracing cloth or Diazo Polyester film is submitted, the Clerk of Court shall see to it that the same is properly attested and duly certified correct by the Regional Technical Director concerned or the official authorized to make such certification. The official authorized should sign the plan for the Regional Technical Director. All bearings, distances and the technical descriptions of the land appearing on the plan must be ligible . Such true copy shall be retained by the Court concerned and a copy thereof duly certified as faithful reproduction by the Clerk of Court shall be forwarded to the Land Registration Authority (As amended).

(b) Two white or blue print copies of the plan.

(c) The original and two copies of the technical descriptions certified by the Regional Technical Director or the official so authorized and not merely signed by the Geodetic Engineer who prepared the plan.

(d) The original and two copies of the Geodetic Engineer's certificate or, in lieu thereof, a certification from the Regional Technical Director as to its non-availability.

(e) A certificate in triplicate of the Provincial, City or Municipal Assessor of the assessed value of the land at its last assessment for taxation or, in the absence thereof, that of the next proceeding year. In case the land has not been assessed, an affidavit in triplicate (Judicial Form No. 81) of the market value of the land signed by three disinterested persons.

(f) All original muniments of title of the applicant which prove his ownership of the land. This requirement is not mandatory as long as the documents can be produced before the court during the hearing whenever required or necessary.

3. Numbering of Land Registration Cases .- Ordinary land registration cases shall be numbered chronologically as soon as they are received. The number to be assigned should be preceded by the letter "N," i.e., the letter "N" and a dash shall be added before the number of the case to distinguish the new ones from the old.

4. Formation of Record for Each Case .- To form a record for each application for registration, attaching thereto the following papers:

(a) The application;

(b) The white or blue print copy of the plan certified by the Clerk of Court that the same is true and faithful reproduction of the original plan in tracing cloth or Diazo Polyester film transmitted to the Land Registration Authority;

(d) Original copy of Geodetic Engineer's certificate;

(e) The certificate of the Provincial, City or Municipal Assessor of the

assessed value of the land or the affidavit of valuation;

(f) The deeds or documents of title;

(g) The letter transmitting the record to the Solicitor General (Judicial Form No. 96), showing the date of transmittal of the same; and

(h) The processes and documents filed thereafter, in the order of their issue or filing, such as the notifications, certificates of publication, petitions, minutes, orders, resolutions, reports, decision, decree, and other processes issued.

5. To inform the Court of Application .- To inform the Court of all applications for registration immediately after they are filed so that an order may be issued within five days from the filing of the application setting the date and hour of the initial hearing which should not be earlier than forty-five (45) days nor later than ninety (90) days from the date of the order. (Sec. 23, P.D. 1529).

6. What Should be Noted on the Applications, Plans, etc .- To note down on the applications, on the plans and the documents attached thereto, and on all other documents, plans, writings, etc., which are presented thereafter, the date and hour of receipt and the number and title of the case in the Court.

7. Record Number Given by Land Registration Authority to be Noted on Docket, Application and Court Record Wrapper .- To note in the docket as well on the application and on the cover thereof (Judicial Form No. 76), the record number in the Land Registration Authority corresponding to the case as soon as the Clerk of Court receives the receipt which the Authority will issue for the duplicate record. Said number shall not be the same as the number of the case given by the Court, but shall be the number assigned to the duplicate record given by the Authority. There should, therefore, be a distinction between the case number which is assigned by the Court, and the record number which is assigned by the Land Registration Authority.

DOCKETING AND INDEXING OF RECORDS

8. Special Docket for Land Registration Cases.- To enter the record and all the proceedings that may be had thereon as well as all documents presented, in the special docket, for land registration cases (Judicial Form No. 72), showing in the said docket the corresponding dates. For example:

Jan. 3, 1990 �� : Original application relative to two parcels

�� : of land, pages 1 and 2

do �� : Technical descriptions, pages 3 and 4

do �� : Exhibit "A," which print copy of Psu ___________________

: representing Lot 1, Barrio of ________________________

: Municipality of ____________________, with an area of

: _________, page 5

do �� : Exhibit "B," white print copy of Psu ___________________

: representing Lot 2, Barrio of ________________________

: Municipality of ___________, with an area of

: __________, page 6

do �� : Geodetic Engineer's certificate, page 7

do �� : Assessment Certificate, page 8

do �� : Deed of sale executed by __________________in favor of

�� : _____________dated __________________before Notary

: Public _________________, concerning Lots 1 and 2,

: pages 9 to 11

Jan. 8, 1990 �� : Order setting the case for initial hearing

�� : _____________________

�� :

Jan. 23, 1990 � : Letter forwarding the case to the Solicitor General,

�� : page _____________________

�� :

Jan. 29, 1990 � : Notice to the applicant dated ______________ that hearing

�� : of the case has been set on ____________, page _______

�� :

Feb. 15, 1990 � : Sheriff's certificate of posting, page _________________

�� :

May 8, 1990 �� : Stenographic notes taken by, pages __________________

�� :

do �� : Minutes of the hearing dated __________, page ________

�� :

do �� : Order of general default dated _________, page ________

�� :

July 8, 1990 �� : Decision dated ____________ _( state briefly the decision),

�� : page ___________________

�� :

Aug. 23, 1990 : Order for issuance of decree dated _____, page ________

�� :

Sept. 17, 1990 : Decree dated ________________, page ______________

The date to appear on the margin shall be that of the actual filing of the application and of each document.

9. Alphabetical Indexes of Registration Cases .- To keep two separate alphabetical indexes of registration cases, using for this purpose Judicial Form No. 100. One Index Book shall consist of an alphabetical index of the surnames and names of the applicants. The other Index Book shall consist of an alphabetical index of municipalities where lands are situated, showing in both indexes the case number in the Court, the record number in the Land Registration Authority, the surname and name of the applicant and the location of the land.

10. Separate Index for Decrees of Registration .- To keep a separate index of all decrees of registration issued by the Land Registration Authority.

NOTICE OF HEARING

11. To Submit for Signature of the Judge the Order Setting the Date of Hearing .- Within five (5) days from the receipt of the application, the Clerk of Court shall submit to the Judge concerned, for his signature, the order setting the date of hearing which should be fixed to the maximum period of ninety (90) days from the date of the order. (Sec. 23 P.O. 1529).

12. Order Setting Date of Hearing to be Forwarded to the Land Registration Authority.- Immediately after having been signed, the order setting the date of initial hearing, in duplicate, shall be forwarded to the Land Registration Authority. Said order should be received by the Authority within fifteen (15) days from the date thereof for the preparation and publication of the notice of initial hearing in the Official Gazette and newspaper of general circulation.

13. Certificate of Publication; Proceedings to be Taken in Case Certificate of Publication is not Received on or Before Date of Hearing.-� To take note of the receipt of the certificate of publication of the notice of initial hearing sent by the Land Registration Authority. Where on the date set for initial hearing the certificate of publication has not yet been received, the Clerk of Court shall ask the permission of the Court to allow the calling of the case for the purpose of taking notes of the name and addresses of all persons appearing against the applicant or anyone claiming interest in the land and their respective attorneys, in order that all the parties in interest may be duly notified of the subsequent hearing of the case after receipt of the certificate of publication. The Clerk of Court shall prepare and keep the corresponding minutes of the proceedings wherein he shall record the appearance of the parties and other particulars.

14. To Inform the Court, the Parties and the Land Registration Authority of all Petitions, Motions, Writings, etc .- To inform the Court of all petitions, motions, writings, etc., which are presented immediately after they have been attached to the record, notifying the interested parties of the resolution that might have been rendered thereon, and thereafter transmitting two copies of said resolutions, writings, petitions, motions, etc., to the Authority by registered mail.

15. Notice to Parties or Attorneys.- Notices shall be served to the parties in interest, unless they have appeared by their attorneys, in which case the notices shall be served to the latter using for this purpose Judicial Form No. 95 (Notice of Next Hearing).

16. Certification to be Made on the Notice, Order, Judgment, Resolution, Decision, Writ, etc.,' Entry of Receipts and Return Cards in the Mail Book .- To certify on every notice, order, judgment, resolution, decision, writ, etc., issued by the Court that copies thereof have been furnished to the interested parties, stating their names, and to affix the registry receipts to the certification, if sent by registered mail. The registry return . receipts shall also be attached to such certification upon receipt thereof. A record of such mail matter shall be entered in the Mail Book as required by paragraph 47 of this Manual.

17. CENRO, PENRO, OSG, to be furnished with Copies of Notices of Hearing, Decisions, Orders, etc .- To furnish the Community Environment and Natural Resources Office and the Provincial Environment and Natural Resources Office of the Lands Management Sector, Department of Environment and Natural Resources and the Solicitor General with a copy of any notice of hearing, decision order, etc., that may be issued in connection with the registration proceedings.

HEARING

18. To Attend Hearing and Prepare Minutes of the Same .- To attend, in person or by deputies, all hearings of all land registration cases in court and to prepare the minutes of all the same in duplicate, within twenty-four hours following the hearing, duly approved by the judge, one copy to be attached to the record and the other copy to be transmitted to the Land Registration Authority.

19. Duties to be Observed at the First Hearing of the Case Whenever the Judge is Absent .- At the hour and place designated in the notice which has been published in accordance with law for the initial hearing of the case, the Clerk of Court or his Deputy, or in the absence of both, any employee in his office shall, if for any cause the Judge is not present, call out in the Court room the case or cases by their numbers. and the names of the applicants and shall take note of the appearances made in each case, preparing at once to that effect the minutes, in duplicate, in which shall appear the names and addresses of the persons appearing, as well as those of their counsels, and shall immediately transmit a copy of such minutes to the Land Registration Authority. After taking note of the appearances, the Clerk of Court shall inform the interested parties that they shall be duly notified of the date set for the next hearing of the case.

20. Penalty for Non-compliance with the Preceding Paragraph .- In case of failure to comply with the preceding paragraph, the Court shall be obliged to order a republication of the case, the same to be made at the expense of the negligent Clerk of Court, and not of the applicant.

21. Duty to Inform the Judge Upon His Return.- Upon the return of the Judge, it shall be the duty of the Clerk of Court to apprise him of the action taken and to request him to set the date of the hearing so that for the benefit of all concerned, land registration proceedings may not be unduly delayed.

22. Postponement.- To notify the interested parties or their attorneys of the postponement of the case, if for any cause the hearing has been postponed to another date and they have not been personally notified thereof, using for this purpose Judicial Form No. 95.

23. Defaults.- To prepare and to submit to the Judge for signature the order of general or special default whenever a default is declared, using for this purpose Judicial Form No. 90.

APPEAL

24. Transmittal of Record to Appellate Court .- In case of appeal, to forward to the Supreme Court or the Court of Appeals, as the case may be, the records of the case, furnishing the Land Registration Authority with a copy of the notice of appeal for its file.

25. Notice to Parties and the Land Registration Authority of Transmittal of Records to Appellate Court .- To notify the parties of the case or their attorneys of the date of transmittal to the appellate court of the records of the case, utilizing therefor Judicial Form No. 83, and to furnish a copy thereof to the Land Registration Authority.

26. Notice of Decision to Land Registration Authority .- As soon as the case is decided by the appellate court, the Clerk of Court shall furnish the Land Registration Authority with two copies of the decision. ��

27. Notice of Decision to Parties of Their Attorneys .- The Clerk of the appellate court shall notify the parties or their attorneys of said decision in accordance with Sec. 9 of Rule 52 of the Rules of Court, on Judicial Form No. 92.

ORDER FOR ISSUANCE OF DECREE AND DECREE OF REGISTRATION

28. Preparation of Order for the Issuance of Decree as Soon as a Decision Becomes Final.- To prepare and submit to the Judge for his signature, as soon as a decision has become final, the corresponding order for the issuance of decree for all the lots covered by such decision from which no appeal has been interposed or on which no motion for a new trial or reconsideration has been filed, using for this purpose Judicial Form No. 91 (Revised); and to transmit immediately two certified copies thereof to the Authority thru registered mail with covering letter. The Clerk of Court shall not require the adjudicatees to file a petition for the purpose before preparing the said order.

29. Certification at the Foot of the Order for the Issuance of Decree - If the decision of the court has not been amended, the Clerk of Court shall make a certification, signed by him, at the foot of the order substantially as follows:

"I hereby certify that the decision referred to above has not been amended, supplemented or otherwise modified by any subsequent decision, order or other process of the Court prior to the date of the Order for the Issuance of Decree.

Clerk of Court"

Where the order for the issuance of decree refers to an amending decision or order, a footnote, in addition to the aforementioned certification, shall be made substantially as follows:

"Note: The decision/or order as the case may be/referred to above amends the decision of this Court dated _____________________________, 19_.)"

30. To Attach a Copy of the Decree to the Record.- To attach the record of the case a copy of the decree of registration as soon as it is received from the Land Registration Authority and to enter the same in the index for decrees of registration as required in paragraph 10 of this Manual.

TRANSMITTAL OF DUPLICATE RECORDS

31. Transmittal of Duplicate Records to Land Registration Authority - To prepare, as soon as an application and its accompanying papers are filed, a duplicate record of the case which shall include a signed copy of the application, the approved original plan in tracing cloth or Diazo Polyester film or the duly certified true copy thereof in tracing cloth or Diazo Polyester film, duplicated copy of the certified technical description, duplicate copy of the Geodetic Engineer's certificate, the certificate of assessment or affidavit of valuation, notice to the Solicitor General (Judicial Form No. 96), and the proof of payment of publication fees in the Official Gazette, and to immediately forward said duplicate record to the Land Registration Authority by registered mail, showing thereon the number of the original cases: Provided, that the numbers of the duplicate records transmitted to said Authority shall be strictly in consecutive order.

32. Transmittal of Record to the Solicitor Genera/ .- The Clerk of Court shall also forward to the Solicitor General within five days from receipt of an application for registration, a copy of the records of every case in which the applicant invokes the benefits of C.A. 141, as amended, in accordance with the provisions of Sec. 48 of said Act, using therefor Judicial Form No. 96.

33. Copies of Decisions, Orders, Petitions, etc., to be Forwarded to the Land Registration Authority .- To forward immediately and without fail to the Authority two legible copies of all decisions, orders, resolutions, minutes, writs, notifications, and other processes after their issuance by the Court, and all answers and petitions and their enclosures as soon as they are filed by registered mail with covering letter.

34. Papers to be Sent to the Land Registration Authority to be Certified, Signed, Seale d .- All papers and documents called for in the preceding paragraphs shall be certified true copies of their originals, duly signed on every page thereof by the Clerk of Court or his deputy authorized to do so, and sealed with the seal of the Court. In this connection, Clerks of Courts are required to submit to the Authority a list, in triplicate, of their deputies authorized to certify and sign true copies, together with the specimen of their signatures.

35. Certificate of Transmittal.- To see to it that copies of all writings, petitions, motions, etc., presented in ordinary land registration cases up to the last working day of each fiscal year, as well as of all decisions, orders, resolutions, notifications, and other processes rendered or issued by the Court up to the said day, are transmitted to the Land Registration Authority not later than the 10th day of January of each year for the purpose of preparing the annual report of said Authority, and to submit a certificate substantially in the following form:

Republic of the Philippines

REGIONAL TRIAL COURT

______Judicial Region

Branch____________

CERTIFICATE

I, ______________________________, Clerk of the Regional Trial Court of _______________, hereby certify: That in conformity with paragraph 35 if the Manual prescribing the duties of Clerks of Regional Trial Courts in ordinary land registration cases, I have forwarded to the Land Registration Authority copies of all writings and allegations presented in registration cases up to the last working day of the last fiscal year, as well as of all notifications, minutes, orders, resolutions, decisions and other processes prepared and rendered by this Court till the said date, for the proper preparation of the annual report of said Authority corresponding to the said fiscal year.

In witness whereof, I have issued this certificate at __________________, this ____________ day of ___________ 19 ______.

Clerk of Court

36. To Notify the Regional Executive Director of DENR.- To notify the Regional Executive Director of the Department of Environment and Natural Resources, in conformity with the provisions of Sec. 56 of C.A. 141, as amended, on Judicial Form No. 85, of the decision rendered by the Court under the provisions of Chapter VIII of said Act.

37. To Require Parties to Submit Sufficient Copies of all Papers Filed for Transmittal of the Land Registration Authority .- To require in all cases exact copies of amendments to the application, answers, petitions and writings of whatever nature, except deeds of title presented as evidence, filed by the parties to the case, and to transmit said copies to the Authority by registered mail.

38. Marking of Papers Forwarded to the Land registration Authority - To mark the front pages of all papers and documents forwarded to the Land Registration Authority with a rubber stamp bearing the inscriptions: "DUPLICATE FOR LRA RECORD," so that they may be distinguished from the papers coming from private parties.

39. Search and Examination of all Court Records.- To make a searching and careful examination of all the court records in ordinary and cadastral land registration cases (pre-war) with a view to finding out if there are any decisions as well as partial, additional or amending decisions for which no order for the issuance of decrees have as yet been issued, and in the affirmative, to prepare the corresponding orders if the decisions have already become final and are not otherwise pending further consideration by the Court; and to forward to the Authority copies thereof, together with copies of the decisions to which they refer.

FEES AND DEPOSITS

40. Collection of Fees for Applications Filed and Requirements to be Observed Therein.- To collect the fees for filing of every application for land registration in accordance with the schedule fixed by Sec. III of PD. 1529 and to account for the amounts so collected directly to the proper officer in accordance with the Accounting Law.

Before the collection of filing fees, the Clerk of Court shall see to it that the application is accompanied by the following papers:

(a) The certificate of the assessed value of the property for the current year, unless the property has not been assessed for taxation, in which case, the fees prescribed shall be based on the current market value, and the applicant shall instead file with his application a sworn declaration in triplicate, of three disinterested persons that the value fixed by him is to their knowledge a fair valuation.

(b) The applicant shall be advised to present also the certificate as to the assessed value of the buildings and other improvements applied for registration.

(c) The filing fees of such application shall be based on the total assessed value of the land and the buildings and other improvements existing thereon, or on the total market value of the same, as the case may be.

The amount of fees collected for the filing of said application, as well as the number and date of the official receipt issued therefor , shall be noted on the upper part of both original and duplicate copies of the application.

41. Fees payable to the Clerk of Court Under Sec. III of P.D. 1529. - The fees payable to the Clerk of Court or his deputies shall be as follows:

A. For filing an application for the registration of land, the fees shall be based on the assessed value of the property for the current year, in accordance with the following schedule:

(1) When the value of the property does not exceed two thousand pesos, fifteen pesos for the first five hundred pesos, or fractional part thereof and five pesos for each additional five hundred pesos, or fractional part thereof.

(2) When the value of the property is more than two thousand pesos but does not exceed ten thousand pesos, thirty-five pesos for the first three thousand pesos, or fractional part thereof, and five pesos for each additional one thousand pesos, or fractional part thereof.

(3) When the value of the property is more than ten thousand pesos but does not exceed one hundred thousand pesos, eighty pesos for the first twenty thousand pesos, or fractional part thereof, and ten pesos for each additional ten thousand pesos, or fractional part thereof.

(4) When the value of the property is more than one hundred thousand pesos but does not exceed five hundred thousand pesos, one hundred eighty pesos for the first one hundred twenty-five thousand pesos, or fractional part thereof, and twenty pesos for each additional twenty-five thousand pesos, or fractional part thereof.

(5) When the value of the property is more than five hundred thousand pesos, five hundred twenty pesos for the first five hundred fifty thousand pesos, or fractional part thereof, and forty pesos for each additional fifty thousand pesos, or fractional part thereof.

If the property has not been assessed for taxation, the fees above prescribed shall be based on the current market value; and the applicant shall file with his application a sworn declaration of three disinterested persons that the value fixed by him is to their knowledge a fair valuation.

B. For filing a petition for review of judgment and decree, or other claim adverse to the registered owner, for each petition, twenty pesos.

C. For filing a petition after the decision has become final, twenty pesos. If it affects the land decreed in more than one case, for each additional case, one peso. If it affects several lots of parcels of land in which the petitioners have no common interest, each of such petitioners shall pay the corresponding fees as if separate petitions have been filed by him.

42. Costs .- To fix the costs in accordance with the provisions of Sec. 10 of Rule 142 of the Rules Court .

43. Fees for Certified Copies .- For issuing certified copies of any paper, process, order, or entry of judgment, there shall be a collected fee of forty centavos for each one hundred words or fraction thereof, in accordance with Sec. 5 (c) of Rule 141 of the Rules of Court.

44. Fees for Petitions Filed After Decision has Become Final .- A fee of twenty pesos shall be collected for the filing of a petition after the decision has become final. However, where a petition is accompanied by documents and/or papers showing that the property involved has been transferred to another by sale, succession, etc., the following instructions shall be observed:

(a) The Clerk of Court shall refer the accompanying instrument and other pertinent papers to the Register of Deeds for the assessment of the amount of fees which the latter could have collected had the documents been registered in his office after the entry of the original certificate of title. Such fees should include the entry fees in the primary entry book, as well as the fees for registration, including annotation, if any, and the issuance of a certificate of title in case the transaction is one of sale, transfer or conveyance.

(b) The Register of Deeds shall forthwith determine the amount of fees collectible and furnish the Clerk of Court with a detailed statement thereof, in duplicate, returning at the same time the document received from said official. Such statement should show the different paragraphs of the schedule of fees under which the fees are to be collected.

(c) The Clerk of Court shall inform the petitioner of the fees payable and shall collect the same before submitting the motion for consideration of the Court, bearing in mind that the payment of said fees is expressly required by law before such motion may be granted.

(d) When forwarding the order granting the motion to this Authority, the Clerk of Court shall state the amount fees paid, supported by a copy of a detailed statement mentioned in paragraph (b) hereof, and the number and date of the official receipt issued covering such payment.

45. Remittance of Collection.- To remit all collections pertaining to the Authority in strict conformity with the provisions of LRC Circular No. 82, dated April 1, 1958, copy of which is appended to this Manual.

46. Cost of Publication of Notice of Initial Hearing to be Borne by Applicants; Remittance of Cost to the Land Registration Authority.- To require all applicants, aside from the payment of the reglementary filing fees, to remit to the Land Registration Authority for the cost of publication of the notice of initial hearing in the Official Gazette, the amount of P618.00 for one parcel of land applied for registration and P 197.00 for each additional parcel in postal money order or certified check payable to the Director of the National Printing Office. Applicants shall be informed that the notice of initial hearing will not be published unless payment of the cost of publication is made.

MISCELLANEOUS

47. To Keep a "Mail Book".- To keep a "Mail Book" (Judicial Form No. 73), wherein shall be entered, before mailing, all the notices, orders, resolutions, decisions, writs, etc., issued or rendered by the Court in land registration cases, showing in said book (a) the number of the case under the column 'ordinary' or 'registered' depending on whether the notices, orders, judgments, resolutions, decisions, writs, etc., are sent by ordinary or registered mail, (b) the names of the addressees, (c) their postal addresses, (d) the nature of the mailed matter, (e) the number of the registry receipt if sent by the registered mail, (f) the date of the receipt thereof by the addressee as shown on the registry return receipt, and (g) the date of re-mailing of the subject matter by ordinary mail if such be the case.

48. Authority to Issue Notices, Notifications.- To authorize with his signature and the seal of the Court the issuance of all notices, orders and other processes of the Court that should be made in accordance with the Property Registration Decree as well as of the notifications of resolutions, order, and decisions of the Court.

49. Postal Addresses of Interested Parties and Attorneys to Appear on all Papers Filed.- To require the interested parties or their attorneys to state their postal addresses in all motions, petitions, and other writings or papers filed by them.

50. To Furnish the Register of Deeds Upon the Request with the Postal Address of the Registered Owner of his Representative .- To furnish, upon request, the Register of Deeds with the postal address of any person entitled to a certificate of title, or his attorney or authorized representative as appearing on the record, for the purpose of delivering the corresponding owner's duplicate.

51. Records Shall not be Removed from the Court, Except Upon Order of the Court.- Not to allow any person to remove from the office of the Clerk of Court any record or document kept in said office, except by express order of the Judge, and provided that the person shall, be required to sign a proper receipt where the document shall be minutely described, the pages they bear, and the number and title of the record clearly specified, said receipt to be thereafter attached to the corresponding record.

52. Applications, Plans, Technical Descriptions and Geodetic Engineer's Certificate not to be Detached or Returned to the Applicants; As to Other Documents, Upon Order of Court only .- Not to permit, under any circumstance, the detachment or return to the applicants of the application, plans, technical descriptions and Geodetic Engineer's certificates, since these documents form, once filed, an integral part of the record and become property of the State. Other documents may be detached from the record and returned to the interested party only with the approval of the Court and upon prior issuance of the proper receipt in accordance with the preceding paragraph.

53. Delegated Jurisdiction in Ordinary Land Registration Cases - Where the Supreme Court assigns to the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts the hearing and determination of land registration cases pursuant to Sec. 34 of B.P. BIg . 129, the duties and functions of the Clerk of Court provided in this Manual shall be performed by the Clerks of Court of aforesaid Courts. (See S.C. Adm. Order No. 6-93-A)

PART II

CADASTRAL LAND REGISTRATION CASES

APPLICATION

1. Receipt of Applications, Plans, Technical Descriptions, etc., from the Solicitor General .- To receive all applications pertaining to lands situated in the province or city wherein they act as Clerks of Court, which may be presented or transmitted to them by the Solicitor General in accordance with Sec. 36 of P.D. 1529.

2. Form of Application and Papers to Accompany the Same .- To require that such applications be drawn-up and signed in accordance with Sec. 36 of PD. 1529. The application must be in duplicate, the original of which and the papers accompanying the same shall be filed with the Clerk of Court. The duplicate copy of the application shall be forwarded to the Land Registration Authority together with the following:

(a) A copy of the tracing cloth or Diazo Polyester film of the boundary and index map approved by the Regional Technical Director, Lands Management Service of the Department of Environment and Natural Resources, duly certified by the Clerk of Court (As amended).

(b) The original technical description of said plan.

(c) Cadastral maps and their corresponding lot descriptions approved by the Regional Technical Director in tracing cloth or Diazo Polyester film.

(d) Numerical list of claimants.

(e) Alphabetical list of claimants.

(f) Geodetic Engineer's certificate.

3. Numbering of Applications .- To number chronologically said applications in the order of the date and hour of their presentation. The number to be assigned should be preceded by the letter "N," i.e., the letter "N" and a dash shall be added before the number of the case to distinguish the new ones from the old.

4. Matters to be Noted on the Applications, Plans, Documents, etc. - To note down the applications, on the plans and documents which are submitted with them, and on all documents, plans, writings, answers, etc., which are presented thereafter, the day and hour of receipt and the court case number as well as the LRA (Land Registration Authority) record number.

FORMATION OF PIEZAS

1. Pieza No.1; Marking of Plans as Exhibits.- To form with each application Pieza No.1 of the cadastral case, marking the plans as exhibits with the letters of the alphabet, and attaching to said pieza the documents and plans in the following order, and thereafter numbering the pages consecutively:

(a) The application;

(b) The duplicate copy of the technical description;

(c) The blue or white print copy of the boundary and index map duly certified by the Clerk of Court that the same is true and faithful reproduction of the tracing cloth or Diazo Polyester film sent to the Land Registration Authority;

(d) Numerical list of claimants;

(e) Alphabetical list of claimants;

(f) Geodetic Engineer's certificate;

(g) Other papers or documents that are presented with the application;

(h) The notifications, processes and documents, etc., issued or filed before the date of hearing in the order of their issue or receipt.

6. Formation of Other Piezas .- To form in due time, the other piezas of the cadastral case in the following arrangement:

Pieza No.2. - The answers (with the corresponding documents presented with the same), arranged in consecutive order in accordance with the number of the lots, shall form Pieza No.2. Additional piezas of the answers which may be formed shall be numbered as Piezas Nos. 2-A, 2-B, 2-C, etc.

Pieza No.3. - The stenographic notes taken during the trial of the case~ numerically arranged in accordance with the number of lots, shall form Pieza No.3. Additional piezas of stenographic notes shall be formed, if necessary, which shall be numbered as Piezas Nos. 3-A, 3-B, 3-C, etc.

Pieza No.4. - The minutes of the proceedings of the court, arranged in chronological order, shall form Pieza No.4. Additional piezas of the minutes shall be formed, if necessary, which shall be numbered as Piezas Nos. 4-A, 4-B, 4-C, etc.

Pieza No.5. - The orders of the Court and all other papers or documents not included in the piezas above-mentioned, chronologically arranged in the order of their issue or receipt, shall form Pieza No.5. Additional piezas which may be necessary shall be designated as Piezas Nos. 5-A, 5-B, 5-C, etc.

Pieza No.6. - All the reports submitted by the Geodetic Engineers of the Regional Executive Director of the Department of Environment and Natural Resources and the Land Registration Authority who assist the Court in technical matters, arranged in chronological order, shall form Pieza No.6. Additional piezas of such reports shall be numbered a Piezas Nos. 6-A, 6-B, 6-C, etc.

Pieza No.7. - The decision of the Court as well as all partial, additional or amending decisions, and orders which in any way amend the decision, and the orders for the issuance of decrees, shall form Pieza No.7.

Pieza No.8. - After the decision has been rendered and the record closed, all motions, petitions, reports of the Land Registration Authority and other documents that may be submitted as well as all certifications, orders, and other processes that may be had, arranged in chronological order, with the exception of the decisions or orders which in any manner amend the decision shall make up Pieza No.8. Additional piezas which may be necessary shall be numbered as Piezas Nos. 8-A, 8-B, 8-C. etc.

7. Index.- At the beginning of Pieza No.8 and of every additional pieza formed under the said number, there shall be attached an index which must show the numbers of the different lots to which refer the documents, notifications, orders, and other processes of the court attached thereto. Said index should be prepared in the following manner:

INDEX OF DOCUMENTS AND PROCEEDINGS

The documents and minutes referring to

Lot No. �� Are on pages:

1 �� 2, 3, 5, 9, 16

2 �� 20, 21, 23 to 30

3 �� 31 to 40, 41, 42, 43 to 50

4 �� 51, 53

8. Numbering of Pages of Piezas .- The pages of the different piezas shall be numbered beginning with No.1 in each of Piezas Nos. 1, 2, 3,4, 5, 6, 7, and 8, and said numbering must be continued in the respective additional piezas ; for instance, if the minutes had in a case consist of three piezas , the numbering of said piezas shall be made as follows: Pieza No.4. From page 1 to page 200. Pieza No.4-A. From page 201 to page 400. Pieza No.4-B. From page 401 to page 600.

With respect to the numbering of Piezas Nos. 2 and 3 and of the additional piezas that may be formed thereunder , it should be borne in mind that as the answers and stenographic notes are required to be attached to their corresponding piezas , not by chronological order of the date, but by numerical order of the lots, it would not be possible to number such piezas until after the close of the hearing of the case, as the condition of said piezas so requires. The number of the pages of the piezas mentioned (2, 2-A, 2�B, 2-C, etc. and 3, 3-A, 3-B, 3-C, etc.) should therefore be suspended until after the close of the hearing.

ANSWER

9. Answers Need Not be in Duplicate .- To require the answers filed in cadastral cases to be accomplished on judicial Form No. 106 (Revised). For this purpose, Clerks of Courts shall always have sufficient supply of said form, and shall make the necessary requisition from the National Printing Office immediately after making the notification prescribed in paragraph 28 of this Manual. Said answers need not be filed in duplicate.

10. Contents; Answer Must be Signed and Sworn to by Claimant or by Some Other Authorized Person in His Behalf.- To require every answer filed to refer to only one lot or a portion thereof. In the latter case, to insert the words "PORTION ONLY" after the lot number. The answer, which shall be signed and sworn to by the claimant or by some other authorized person in his behalf, should state all the data required in Sec. 37 of P.D. 1529. The Clerk of Court or his deputies shall not charge any fees for administering oaths. .

11. Encumbrances to be Described Fully.- To see to it that the claimant states in his answer the encumbrances affecting the property and the following data: (1) nature of the encumbrance; (2) name of the grantee, mortgagee, lessee, as the case may be; (3) amount of the encumbrance; (4) period of the encumbrance; (5) date and place of execution of the document; (6) name of the Notary Public before whom the document was acknowledged; (7) document number, page, volume and series of the notarial register wherein the document was entered and recorded; and (8) other information necessary to identify the document covering such encumbrance. The document itself or a certified copy thereof shall be presented and filed with the records of the case. In case the encumbrance had never been put to writing, such fact as well as other conditions of the encumbrance shall be stated so as to give a clear idea thereof.

12. Supplemental Answer - � To examine carefully all answers already filed for lot not yet decided to see that they are prepared in accordance with the instructions in this Manual, and where the requisites mentioned in the preceding paragraphs are not stated, to require the claimants concerned to file a supplemental answer supplying the lacking data.

13. Classification of Answers .- To classify all answers filed into (a) "Uncontested Lots," (b) "Lots Contested Between Private Parties," and (c) "Lots Contested Between Private Parties, National, Provincial or Municipal Government," as the case may be. Each answer relative to a contested lot shall be marked with the word "CONTESTED". A lot is contested when the whole or some portion thereof is claimed by two or more persons whose interests therein are in conflict with each other.

14. Facilities to be Given Cadastral Officers and Employees Assisting Claimants .- To give the necessary facilities to cadastral officers appointed by the Administrator of Land Registration and the employees who may be designated by the Provincial Governor or by the Court in accordance with Sec. 10 of Act No. 2259, to assist the claimants in preparing and presenting their answers and evidence.

15. Marking of Documents Presented as Evidence.- To mark as exhibits the documents presented as evidence by the claimants, indicating thereon the corresponding lot number, followed by the corresponding letter of the alphabet in succession, beginning with letter "A". For example: the exhibits for Lot No. 112 should be marked "Exhibit 112-A," "Exhibit 112-B," etc.

RECORD OF CADASTRAL ANSWERS'

16. Used as Ready Reference of Status.- To cause a requisition to be made from the National Printing Office for sufficient copies of Judicial Form No. 36 entitled "Record of Cadastral Answers" for use as a ready reference of the status of each lot. (Judicial Form No. 36). After adjudication, however, the status of the lot may be ascertained from the "Record Cadastral Lots" (Judicial Form No. 137), prescribed by paragraph 20 of this Manual. Each cadastral case shall have a separate Record of Cadastral Answers.

17. Matters to be Stated .- To enter in the "Record of Cadastral Answers" (a) the name of the municipality, (b) the name of the province, (c) the Cadastral Case No., and (d) the LRA Cadastral Record No.; and to enter in the corresponding columns the following data:

Column (1) - The numbers of the lots embraced in the cadastral case in consecutive order.

Column (2) - The date when the answer was presented and received in court.

Column (3) - The name of the claimant filing the answer. When the lot is claimed by the Government on any ground, its claim shall be considered as an answer and entered in this column, as well as in column 4 and 5.

Column (4) - The name of the attorney if the claimant is represented by an attorney-at-law or a duly authorized attorney-in-fact.

Column (5) - The date when the lot is heard.

Column (6) - The date when the decision and the amending decision, if any, is rendered.

Column for Status .- The name of the adjudicatee of the lot. Where there are several adjudicatees , only the name of the first named adjucatee need be stated, adding thereto the words "et al."

All entries in the form shall be made in ink.

18. Proper Keeping of the book .- To keep the book up-to-date, and to take the utmost care in accomplishing the same to avoid any mistake in the entries therein. Said book shall be preserved as a permanent record of the Court, and when not in actual use shall be kept in a safe place.

RECORD OF CADASTRAL LAND

19. Proper Use and Keeping of the Book .- To provide his office with one or more, as may be necessary, of Judicial Form No. 137 entitled "Record of Cadastral Lots" where the following shall be entered as soon as a cadastral case is set for hearing: (a) the name of the municipality where the lands are situated, (b) the name of the province, (c) the LRA Cadastral Record No., and (d) the Cadastral Case No.

20. Entries in the Different Columns of the book

First Column. - To enter in consecutive order the numbers of the lot embraced in a cadastral case as soon as said case is set for hearing.

Second Column. - The date of the decision as soon as it is rendered. When the decision is amended, the date of the amending decision or order shall be inserted under this column.

Third Column. - The date of the order for the issuance of the decree as soon as such order is signed by the judge.

Fourth Column. - The number and date of the decree upon its receipt. The date as well as the number of the order for cancellation of the old certificate of title and the issuance of a new one in lieu thereof with the technical description of the lot in accordance with the cadastral survey shall also be entered upon receipt of such order from the Land Registration Authority; thus, "O-NOI568, March 10, 1959".

Column Remarks. - To state in said column whether the lot has already been decreed in an ordinary land registration case by writing the words "Decreed in Record No. -"; to write the word "Appealed" if the decision is appealed and to state thereafter whether such decision is affirmed or reversed by the appellate court; and to state other information affecting the status of the lots.

21. Subdivision of Land.- To note in the column remarks the subdivision of any lots, thus "Subdivided into Lots - and -," and to insert in the blank space next following the last lot number appearing in the first column the numbers of the lots resulting from such subdivision. The other columns corresponding to the said lots shall then be filled accordingly.

A sample sheet of Judicial Form No. 137, partially filled out, and the Index thereof, is attached herewith for the guidance of the Clerk of Court.

SPECIAL DOCKET FOR CADASTRAL CASES

22. Assignment of Pages in the Special Docket for Cadastral Cases - To assign to every cadastral case five leaves or ten pages of the special docket for cadastral cases (Judicial Form No. 99) so that the numerous processes in such cases may be entered therein.

23. Entry of Pieza No.1 in the Special Docket .- To enter in the special docket for cadastral cases Pieza No.1 of the record of the corresponding case, stating the heading of the same, and thereafter recording the proceedings, as follows:

PIEZA NO.1

July 1, 1990 �� : Original application relative to 521 lots.

July 5, 1990 �� : Order setting date of hearing.

August 7, 1990 : Notice to the Solicitor General and the Regional Executive

Director dated ___________________

: that the hearing of the case has been set on __________at

_____________.

do �� : Notice of hearing sent to the Administrator of the Land

Registration Authority

August 9, 1990 �� : Notices to the adjoining owners or occupants, and all persons

ppearing to have an interest to the land and to all whom it may

concern : dated _______________________ that the hearing

of the case: has been set on _______________ been set on

___________ at ____________.

Sept. 10, 1990 �� : Return of the Sheriff, indorsed on the: original notice

NOTE: Other processes or papers issued before the date of hearing shall be entered in the special docket for cadastral cases in the same manner, according to their dates of issue or receipt.

24. Entry in the Special Docket of Other Piezas and Additional Piezas Upon the Closing of the Records of the Case. - After decision in the cadastral hearing has been rendered, there shall likewise be entered in the special docket for cadastral cases, in the other and in accordance with the system indicated below, the other piezas and additional piezas of the case, with the exception of Pieza No.2, 3 and 6. and their derivatives which should not be entered.

PIEZA NO.4

January 7, 1990 �� : Minutes of the session of this date for the hearing of

Lots Nos. __________________

January 9, 1990 �� : Minutes of the session of this date for the hearing of

Lots Nos. __________________

NOTE: Proceed to record the minutes in chronological order.

PIEZA NO. 4-A

January 13, 1990 �� : Minutes of the session of this date for the

hearing of Lots Nos. ________________

January 15, 1990 �� : Minutes of the session of this date for the

hearing of Lots No. _________________

NOTE: Proceed to record the minutes in chronological order.

PIEZA NO.5

January 7, 1990 �� : Order of this date, etc.

January 9, 1990 �� : Petition of (name of petitioner), etc.

PIEZA NO. 5-A

January 20, 1990 �� : Order of this date, etc.

January 23, 1990 �� : Petition of (name of petitioner), etc.

PIEZA NO.7

April 8, 1990 �� : Decision of this date;

April 15, 1990 �� : Additional decisions of this date referring

to Lots Nos. ____________________

May 12, 1990 �� : Order for the issuance of decree.

PIEZA NO.8

April 11, 1990 �� : Notification of the decisions to interested parties.

April 14, 1990 �� : Written exception presented by (name of person filling)

April 15, 1990 �� : Motion for new trial presented by (name of petitioner).

April 19, 1990 �� : Order setting date of hearing of the motion for new trial presented

by (name of petitioner).

April 21, 1990 �� : Order denying the motion for new trial presented by (name of

petitioner ).

May 29, 1990 �� : Decree No. - issued by the Land

Registration Authority on (date).

NOTE: Proceed to record the processes found in this pieza .

25. Piezas Nos. 4 and 5 Not to be Entered on the Special Docket Until Decision is Rendered; Pieza No.1 can be Entered After its Formation.- In view of the peculiar condition of these records which requires that the writings and processes filed and had thereon be arranged in a special manner, that is, by piezas separate and distinct from one another, and which prevents the entry of the same in the docket in the same manner as ordinary registration case, the Clerk of Court should not enter in the docket Piezas Nos. 4 and 5 and their additional piezas until after the decision in the docket is rendered. The only pieza that can be immediately entered in the docket at its formation is Pieza No.1.

26. Date of receipt or Issuance .- The date that should appear on the margin of the entries of the docket is the date of filling or receipt of the application and of every document, writing, petition, motion, etc.; with regard to notices, minutes, orders, resolutions and decision, the date of the same; and with respect to the decrees, the date of their receipt in the office of the Clerk of Court.

CADASTRAL RECORD NUMBER

27. The Cadastral Record Number Assigned by the Land Registration Authority to be Noted in the Cadastral Docket, Applications and Cover - To note down on the cadastral docket, on the applications and on the cover or wrapper (Judicial Form No. 76) the corresponding cadastral record number given by the Land Registration Authority, as soon as the Clerk of Court is informed of said number in the same manner as in ordinary registration cases.

PUBLICATION OF NOTICE

28. Land Registration Authority to be Notified of the Hearing of the Case not Less than Four Months in Advance of the Date set for Initial Hearing .- To notify the Land Registration Authority of the date and hour set for the hearing of the cases by prompt transmittal of the order, in duplicate, of the court not less than four month in advance of the date for initial hearing.

29. Certificate of Publication .- To take note of the receipt of the certificate sent by the Land Registration Authority attesting to the publication of the notice of hearing in two successive issues of the Official Gazette.

30. Calling of the Case.- Where on the date set for initial hearing the certificate of publication referred to in the preceding paragraph has not yet been received by the court, the Clerk of Court shall ask permission of the Judge to allow the calling of the case for the purpose of taking note of the names and addresses of all persons appearing against the applicant or anyone claiming interest in the land and their respective attorneys, in order that all parties in interest maybe duly notified of the subsequent hearing of the case after receipt of the certificate of publication. The Clerk of Court. shall prepare and keep the corresponding minutes of the proceedings wherein he shall record the appearances of the parties and other necessary particulars.

31. Paper to be Attached to the Record .- To attach to the record the notices of hearing and the certificates of service and publication issued by, and received from, the Authority.

32. Matters which the Judge Should be Apprised of; Interested Parties and Their Attorneys to be Notified of Order or Resolution Rendered, and Copy Thereof to be Furnished the Authority.- To apprise the Judge of the receipt of the certificate of publication and all answers, writings, petition and motions presented immediately after the same have been attached to the record of the case, notifying the attorneys and the interested parties of any order or resolution rendered thereon, and transmitting to the Authority two copies of the resolution or order.

NOTICES

33. The Administrator of Land Registration to be Notified of the Institution of the Cadastral Case.- To notify the Administrator of Land Registration as soon as the cadastral case is instituted of its number and title in the court, using therefor the following form:

Republic of the Philippines

REGIONAL TRIAL COURT

________Judicial Region

Branch ______ ,_ ______

REPUBLIC OF THE PHILIPPINES , Cadastral Case No ______,

Petitioner, �� LRA Cad. Rec. No. _____

�� - versus -

_____________________,

Claimants.

x ____________________ x

____________ ,19 ___

The Administrator

Land Registration Authority

Quezon City

Sir:

Complying with the provisions of paragraph 33 of the Manual of Instructions in cadastral cases, I have the honor to inform you that on _____________________, this office received an application presented by the Solicitor General under the provisions of Act No. 2259, amended, relative to a tract of land described as follows:

(Copy description of land appearing in the cadastral application filed by the Solicitor General)

The said application has been assigned the cadastral case number and title stated in the above caption.

Very truly yours,

______________________

Clerk of Court

34. Papers to be Furnished the CENRO or PENRO.- To furnish the Community Environment and Natural Resources Office or the Provincial Environment and Natural Resources Office of the Lands Management Sector, Department of Environment and Natural Resources, with a copy of any notice of hearing, decision, order, etc., that may be issued in connection with any cadastral proceeding.

35. Notice to be Served to the Party in Interest only When no Attorney has Appeared in behalf .- Any notice to a party in interest in any case should be served to the claimant, opponent or interested party in all cases where no attorney has appeared for them. In the event that an attorney appeared for them the notice shall be served to such attorney.

36. To Certify That Copies of Notices, Orders, Judgments, Resolutions, etc., Have Been Furnished the Parties; Registry Return Receipt Card; Proof of Service.- To make a certification, indorsed on the notice, order, judgement , resolution, decision, writ, etc., showing the names of the parties who have been furnished with copies of the same, and the means by which they have been furnished, attaching thereto, next to the certification, the registry receipts if sent by registered mail and the registry return receipts, or the proofs of receipt of the same, if sent by messenger: Provided, That the signature of the interested party at the end or at the back of any notice, order, or other documents attached to the record shall be considered as proof of service of a copy of such document on the date of receipt thereat shown.

HEARING

37. Clerk of Court to Attend in Person or by Deputies the Sessions of the Court; Minutes of the Proceedings .- To attend in person or by deputies the session of the Court in which cadastral proceedings are being held, to keep minutes of same in duplicate, duly approved by the Court which must be prepared within twenty-four hours following the hearing, to attach one cop thereof to Pieza No.4 and to transmit immediately and without fail the other copy to the Authority.

38. Order of General Default .- To prepare and submit for the signature of the Judge the order of general default (Judicial Form No. 90), whenever a default is entered in a cadastral case.

DECISION

39. Stenographer to Make Eight Copies of the Decision .- To order the stenographer who took down the decision and any partial or additional decision in a cadastral case to make, upon transcribing them, seven copies of the same, aside from the original which shall be attached to Pieza No.7. The copies shall be forwarded by registered mail as follows:

2 copies duly certified, stamped, all pages signed and sealed in accordance with Paragraph No. 51 of this Manual to the Land Registration Authority

1 copy to the Solicitor General

1 copy to the Register of Deeds of the province or city

1 copy to the CENRO or PENRO

1 copy to the Provincial or City Fiscal

1 copy to the Provincial or City Treasurer

However, additional copies of said decision shall be ordered made where the copies are to be sent to the Director of the Bureau of Forest Development and the Commissioner of Internal Revenue.

40. Notification to Parties of Contested Lots and Claimants of Uncontested Lots; All notifications to be Signed and Sealed by the Clerk of Court .- To notify the interested parties of all decisions rendered in cases affecting contested lots by furnishing them either with copies of the decision itself or of the pertinent part of the dispositive part of the decision only. Claimants of uncontested lots shall be notified of that part of the decision relative to their respective lots as soon as practicable after the said decision has been rendered, using for this purpose Judicial Form No. 138, entitled. "Notice of Cadastral Decision" which shall be prepared in duplicate, the original to be forwarded by ordinary mail or by other expeditious and economical means of delivery to each of the respective claimants whom said lots were adjudicated and the duplicate to be attached to Pieza No.8 of the case. A sample of said form as revised, is hereto attached.

The aforesaid notice given to the claimants of uncontested lots will enable them to verify the number of the lots adjudicated to them and to report to the Court any clerical error, mistake or omission that might have been committed in the adjudication of said lots.

APPEAL

41. Transmittal of Record to Appellate Court .- In case of appeal, to forward to the Supreme Court or the Court of Appeals, as the case may be, the records of the case pertaining to the lot or lots appealed, furnishing the Land Registration Authority with a copy of the notice of appeal for its file. In transmitting the record, only that sheet of the plan and the evidence relative to the lots on appeal shall be forwarded to the appellate court.

42. Notice of Date of Transmittal of Records .- To notify the interested parties or their attorneys of the date when the records were forwarded to the appellate court, showing therein, following the number of the cadastral case, that of the lot or lots on appeal, and to transmit without fail to the Authority a copy of said notification.

43. Copy of the Appellate Court's Decision to be Forwarded to the Land Registration Authority .- In case of appealed lots, two copies of the decision duly certified, signed, stamped and sealed as provided in this Manual shall be forwarded to the Authority as soon as the appeal is disposed of by the appellate court and the records remanded to the proper Regional Trial Court by the Clerk of the appellate court, transmitting together therewith a certified true copy of the judgment.

DECREE

44. Preparation of the Order for the Issuance of Decrees Immediately After the Decision Becomes Final.- After the decision has been rendered in a case, the Clerk of Court shall, without waiting for the interested parties to file a petition for that purpose, and if no motion for a new trial or reconsideration has been filed, or no appeal has been interposed, prepare the order for the issuance of decrees (Judicial Form NO. 115) for the signature of Judge immediately after the lapse of the fifteen-day period prescribed by law by which a decision becomes final.

45. Strict Observance of Instructions in Preparing Order for the Issuance of Decrees.- To observe strictly the instructions on the reverse side of Judicial Form No. 115, Revised, when preparing aI1 order for the issuance of decrees and to see to it that the lots subject of an appeal and those still pending consideration by the Court are excluded in the order, because upon the receipt of such order, the Authority shall forthwith issue the corresponding decrees of registration for all the lots adjudicated in the decision which are not specifically excepted in the order. Where the order for the issuance of decrees refers to an amending decision or order, a footnote may be made substantially as follows:

"Note: The decision (or order, as the case may be) referred to above amends the decision of this Court dated ______________________, 19 _______.�

46. Transmittal to the Authority of Copies of the Order for the Issuance of Decrees .- To transmit to the Authority as soon as an order for the issuance of decrees has been signed by the Judge two copies thereof duly certified, signed and sealed in accordance with paragraph 51 of this Manual, and to attach the original of said order to Pieza No.7 of the case.

47. Decrees to be Attached to Pieza of Decrees of Every Cadastral Case; Records of Terminated Cases to be Filed .- To keep a separate pieza entitled " Pieza of Decrees" for every case and to attach thereto in numerical order according to decree numbers all decrees issued by the Land Registration Authority, and to keep such records in the archives of his office after all the decrees have been issued and the case terminated.

48. Decrees to be Entered in the Index of Decrees and Record of Cadastral Lots .- To enter in the index of decrees (Judicial Form No. 104) as well as in the corresponding column in the Record of Cadastral Lots (Judicial Form No. 137) all the decrees issued by the Authority.

TRANSMITTAL OF DUPLICATE RECORDS

49. Originals to be Attached to the Pieza of the Case.- To attach to the corresponding pieza of the case the originals of all processes, notices, orders, resolutions, and decisions, and enter them in the docket in accordance with the provisions of paragraphs 24 and 25.

50. Land Registration Authority to be Furnished with Copies of all Documents and Processes Filed or Issued Duly Certified.- To forward immediately and without fail to the Authority two legible copies of all decisions, order, resolutions, minutes, notifications, and other processes after their issuance by the Court, and of all petitions and their enclosures as soon as they are filed, which shall be duly certified, signed by the certifying officer on all pages thereof, and sealed with the seal of the Court, by registered mail with covering letter.

The Clerk of Court shall also stamp on the front pages of all papers and documents forwarded to the Authority a rubber stamp bearing the inscriptions: "DUPLICATE FOR LRA RECORD".

51. Search and Examination of all Court Records.- To make a searching and careful examination of all the court records in cadastral land registration cases with a view to finding out if there are any decisions as well as partial, additional or amending decisions for which no order for the issuance of decrees have as yet been issued, and in the affirmative, to prepare the corresponding order if the decisions have already become final and are not otherwise pending further consideration by the Court; and to forward to the Authority copies thereof, together with copies of the decisions to which they refer.

52. Copies of all Petitions, Writings, Notifications, Orders, Resolutions, Decisions, etc., to be Forwarded to the Authority on or Before the 10th day of January of Each Year.- To forward to the Authority not later than the 10th day of January of each year, for the purpose of preparing the annual report to said Authority, copies of all petitions, writings, as well as of all notifications, orders, resolutions; decisions and other processes rendered or issued on or before the last working day of each fiscal year (starts January 1 and ends December 31 of the same year) and copies of which have not as yet been furnished the Authority, the same to be accompanied with a certificate substantially in the following form:

Republic of the Philippines

REGIONAL TRIAL COURT

_______Judicial Region

Branch ______ ,_ ______

CERTIFICATION

This is to certify that, in compliance with paragraph 53 of the Manual prescribing the duties of Clerks of Court of Regional Trial Courts in cadastral cases, I have forwarded to the Land Registration Authority copies of all petitions, writings, and other papers (except answers of claimants) presented in cadastral cases up to the last working day of the present fiscal year, as well as of all notifications, minutes, orders, judgments, resolutions and decisions issued by this Court, for the proper preparation of the annual report of said Authority corresponding to said fiscal year.

In witness whereof, I have issued this certificate at _________________ this- day of __________________, 19 ______.

Clerk of Court

FEES

53. No Fees Collectible on Answers, Claims, Oppositions, Petitions, and other Documents Filed Before the Finality of Decision; Fees Chargeable in Other Cases.- The Clerk of Court shall not collect fees for any answer, claims, opposition, petition or other document filed before the decision of adjudication has become final.

The amount of P20.00 shall be collected for the filing of a petition after the decision has become final, as well as for the filing of a petition for review or other claims adverse to the adjudicatee ; provided, that where the petition filed after decision has become final is accompanied by a document and/or other papers showing that the property involved has already been sold or conveyed by the previous owner to a third person, or has been transmitted to the legal heir or heirs by reason of death of the owner, the Clerk of Court shall refer the documents and papers to the Register of Deeds concerned so that the latter may determine the amount of registration fees collectible for the same in accordance with Sec. m of P.O. 1529.

54. Petitioner to be Informed of the Fees Payable .- To inform the petitioner of the fees payable after the Register of Deeds has furnished the Clerk of Court with a detailed statement showing the different paragraphs of the schedule of fees under which the fees are to be collected, and to collect the same before submitting the petitions for consideration of the Court.

55. Statement of Fees Collected to Accompany the Order to be Forwarded to the Authority.- To forward to the Authority the order granting the petition, accompanied by a statement of the fees paid, and the number and date of the official receipt issued therefor .

56. Remittance of Collections .- To remit all collections pertaining to the Authority in strict conformity with the provisions of LRC Circular No. 82, dated April, 1958.

REPORTS

57. Submission of Monthly Reports on Actual Status of Cadastral Cases.- To prepare immediately at the end of each month in triplicate, a report on the actual status of cadastral cases in Court, using for this purpose Judicial Form No. 26 (Revised), and to observe strictly the instructions contained at the back of said form. One copy shall be forwarded to the Supreme Court, another copy to the Land Registration Authority, and the remaining copy shall be kept in the files of the Clerk of Court. The report should be submitted monthly even if there had been no transaction during the month.

58. Cadastral Clerks and deputy Clerks to Submit Monthly Reports to Clerk of Court.- In order that the Clerk of Court may intelligently and promptly prepare the report called for in the preceding paragraph, all cadastral clerks and deputy clerks designated to assist in their respective municipalities, shall at the end of every month, prepare and submit a detailed report on the actual status of the cadastral cases for the corresponding municipalities, using as guide therefor Judicial Form No. 26 (Revised). This report shall be forwarded to the Clerk of Court and the duplicate retained for file.

59. Collection and Accountability Reports .- To submit promptly to the Chief Accountant of the Land Registration Authority at the end of every month a report on collection pertaining to the Authority, using therefor General Form No. 12 (A), entitled "Abstract of Receipt and Account Current," accompanied by the Report of Accountability duly accomplished on General Form No. 16 (A), and the other supporting receipts and papers. Strict adherence to the directives contained in LRC Circular No. 82, dated April 1 , 1958 shall be observed in the preparation of the said reports. Should there be no collection, however; pertaining to the Authority for the whole month, the Clerk of Court shall state this fact on the prescribed form (General Form No. 12 A), which shall be submitted to the Authority at the end of such month.

MISCELLANEOUS

60. Copies of Reports of the Regional Technical Director and of all Motions and Writings Presented by Parties to be Demanded; Copies of Answers and Documents of Titles Presented as Evidence Excepted.- To demand in all cases exact copies of all reports of the Regional Technical Director and of all motions and writings of whatever nature that are presented by the parties. No copies, however, need be required of answers as well as the documents and deeds of title which are presented as evidence.

61. Certification and Attestation of all Notices, Orders. Resolutions, and Decisions Issued or Rendered by the Court.- To certify with his signature and the seal of the Court, all notices, and orders issued, and attest the resolutions, orders, decisions, rendered by the Court.

62. Postal Addresses of Interested Parties of Their Attorneys to be . Required .- To require of the interested parties or their attorneys to state their postal addresses below their signatures on all the answers, writings, motions, petitions, etc., presented by them.

63. Register of Deeds to be Furnished with Addresses of the Registered Owners or of Their Representatives.- To furnish, if requested, the Register of Deeds with the postal address of any person entitled to a certificate of title, or of the latter's attorney or authorized representative as appearing from the record, for the purpose of delivering the owner's duplicate.

64. Cadastral Records not to be Removed Except Upon Order of the Court; Receipts to be Demanded from Persons Authorized by the Court. To prohibit the removal from the office of the Clerk of Court any cadastral record ,. except upon order of the Judge. In any case where a person has obtained the necessary authority of the Judge to remove the same, such person shall be required to sign a proper receipt in which the record or document shall be minutely described and the number and title of the record clearly specified.

65. Keeping of "Mail Book".- To keep a "Mail Book" (Judicial Form No. 73), wherein shall be entered, before mailing, all the notices, orders, judgements , resolutions, decisions, writs, etc., issued or rendered by the Court in registration cases, showing in said book (a) number of the case under the column "ordinary" or "registered," depending on whether the notices, orders, decisions, writs, etc., are sent by ordinary or registered mail, (b) the names of the addresses, (c) their postal addresses, (d) the nature of the mailed matter, (e) the number of the registry receipt, if sent by registered mail, (f) the date of receipt thereof by the addressee as shown in the registry return receipt, and (g) the date of re-mailing of the subject matter by ordinary mail, if such be the case.

66. Delegated Jurisdiction in Cadastral Land Registration Cases. - Where the Supreme Court assigns to the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts the hearing and determination of cadastral land registration cases pursuant to Sec. 34 of Batas Pambansa Blg . 129, the duties and functions of the Clerk of Court provided in this Manual shall be performed by the Clerks of Court of the aforesaid Courts.

PENALTY

67. Clerk of Court to be Responsible for any Violation of the Instructions.- The Clerk of Court shall be held responsible for any violation of the instructions in this Manual, and any unwarranted deviation from such instructions shall be deemed sufficient ground for administrative disciplinary action,

REPEALING CAUSE

This Manual supersedes the previous Manual of Instructions to be Observed by Clerks of Courts in ordinary and cadastral land registration cases dated September 1, 1959.

All previous circulars, memoranda-circulars and/or other instructions issued, or parts thereof, as may be found inconsistent herewith, are repealed and deemed superseded by this Manual

Quezon City Philippines , February 20, 1991.

TEODORO G. BONIFACIO

Administrator ��

Land Registration Authority

APPROVED:

FRANKLIN M. DRILON

Secretary of Justice

_________________________________

REPUBLIC OF THE PHILIPPINES

Department of Justice

LAND REGISTRATION AUTHORITY

Quezon City

February 10, 1993

LRA CIRCULAR NO. 51-A

SUBJECT �� : Expeditious issuance of decrees of registration

TO �� : All Officials and Employees

It has been observed that there is a backlog in the issuance of decrees of registration resulting in the accumulation of a substantial number of lots left undecreed notwithstanding the fact that the court has already promulgated its decision and issued the corresponding order for issuance of decree. One of the causes of delay in the issuance of decree is the requirement of having. the court decision and the order for issuance of decree confirmed by the Clerk of Court as to their regular issuance, genuineness and authenticity. In order to expedite the issuance of decrees, but subject to Administrative Order No. 369 dated November 16, 1987 and the usual requirement of authentication by the Docket Division, the following new guidelines regarding the confirmation of decisions and orders for issuance of decree are hereby issued:

1. Decisions or orders for issuance of decree personally delivered to this Authority with or without covering letters from the Clerk of Court, should be confirmed by the Clerk of Court concerned. If these papers are personally delivered by the Clerk of Court, with or without covering letters, confirmation may be dispensed with provided proper and satisfactory identification of the Clerk of Court who delivered the same is made by the Records Section.

2. Decisions or orders for issuance of decree received through the mails prior to this circular, with or without covering letters, need not be confirmed.

3. Decisions or orders for issuance of decree sent through the mails with covering letters, whether received before or after this circular, need not be confirmed.

4. The foregoing notwithstanding, in case of doubt by the Authenticating Officer of the Docket Division as to the genuineness of the decision or order for the issuance of decree, the same shall be referred to the Clerk of Court concerned for confirmation.

This circular amends LRC Circular No. 62 dated January 28, 1985.

(SGD) REYNALDO Y MAULIT

Administrator ��

_________________________________

Republika ng Pilipinas

Ministri ng Katarungan

KOMISYON SA PATALAAN NG LUPAIN

(Land Registration Commission

Lungsod ng Quezon

August 15, 1984

LRA CIRCULAR NO. 53

SUBJECT �� : �� Reiterating LRC Circular No. 176 of precautionary measures

to prevent falsification of decisions and orders for the issuance

of decrees.

TO �� : �� ALL CLERKS OF COURTS OF REGIONAL TRIAL COURTS,

METROPOLITAN TRIAL COURTS AND MUNICIPAL TRIAL

COURTS.

Reiterating hereunder is LRC Circular No. 176 dated May 28 ,1968 , to wit:

"To forestall attempts by unscrupulous persons to falsify decisions and orders for issuance of decrees in land registration and cadastral cases, the attention of all Clerks of Courts is invited to the provisions of the "Manual of Instructions To Be Observed by Clerks of Courts of First Instance In Ordinary and Cadastral Land Registration Cases," particularly to the following paragraphs thereof:

Part 1 - In Ordinary Land Registration Cases

35. Copies of decisions, orders, petitions, etc. to be forwarded to the Land Registration Commission.- To forward immediately and without fail to the Commission two legible copies of all decisions, orders, resolutions, autos, minutes, notifications, and other processes after their issuance by the Court, and all answers and petitions and their enclosures as soon as they are filed.

36. Papers to be sent to the Land Registration Commission to be certified, signed and sealed.- All pares and documents called for in the preceding paragraphs shall be certified true copies of their originals, duly signed on every page thereof by the Clerk of Court or his deputy authorized to do so, and sealed with the seal of the Court. In this connection, Clerks of Courts are required to submit to this Commission a list, in triplicate, of their deputies authorized to certify and sign true copies, together with the specimens of their signatures.

40. Marking of papers forwarded ,to the Land Registration Commission.- To mark the front pages of all papers and documents forwarded to the Land Registration Commission with a rubber stamp bearing the inscription "DUPLICATE FOR LRC RECORD," so that they may be distinguished from the papers coming from private parties.

PART II �� In Cadastral ,Land Registration Cases.

51. Land Registration Commission to be furnished with copies of all documents and processes filed or issued duly certified:- To forward immediately and without fail to the Commission two legible copies of all decisions, orders, resolutions, actos , minutes, notifications, and other processes after their issuance by the Court, and of all petitions and their enclosures as soon as they are filed, which shall be duly certified, signed by the certifying officer on all pages thereof, and sealed with the seal of the Court.

The Clerk of Court shall also stamp on the front pages of all papers and documents forwarded to this Commission a rubber stamp bearing the inscriptions: "DUPLICATE FOR LRC RECORDS."

In connection with paragraphs 36 and 51, Clerks of Courts are hereby directed to submit to this Commission an up-to-date list, in quadruplicate, of their deputies authorized to certify and sign true copies, together with the specimens of their signatures. The list must be certified by the Clerk of Court. In case of changes, a new list must be submitted to this Commission.

All copies of decisions and orders for the issuance of the decree intended for this Commission shall be transmitted by registered mail. Hand carrying by interested parties shall not be allowed.

Strict compliance herewith is enjoined.

SGD. GREGORIO BILOG, JR.

Acting Commissioner

Attention is invited to Paragraph 35 and the last paragraph of the above quoted circular for strict compliance.

OSCAR R. VICTORIANO

Acting Commissioner

_________________________________

Lungsod ng Quezon

September 10, 1984

LRC CIRCULAR NO. 58

SUBJECT �� : Confirmation of decisions and orders

For issuance of decree.

TO �� : ALL OFFICIALS AND EMPLOYEES

THIS COMMISSION

In order to ensure that copies of decisions and orders for the issuance of decrees issued by the courts in land registration cases are genuine and authentic, the following guidelines are hereby issued for the guidance of all concerned:

1. The Docket Division shall, upon receipt of certified copies of the decisions and orders for the issuance of decree from the Record Section, request the Clerk of Court concerned in writing for confirmation of the genuineness of said decisions or order and the regularity of the issuance of the same.

2. The Clerk of Court shall also be requested to transmit the letter of confirmation to this Commission strictly by registered mail.

3. The authenticating officer shall not authenticate the signatures of the Judge and/or certifying officer appearing on the copies of the decision or order for the issuance of decree until he or she receives the confirmation from the Clerk of Court concerned.

4. The signature of the Clerk of Court appearing on the letter of confirmation shall be authenticated by the authenticating officer and a copy of the confirmation letter shall be attached to the corresponding expediente or pieza and another copy shall be retained and kept by the authenticating officer, together with the authenticated copy of the decision or order for the issuance of the decree in his or her file.

Strict compliance herewith is enjoined.

OSCAR A. VICTORIANO

Acting Commissioner

________________________________

Republika ng Pilipinas

Ministri ng Katarungan

KOMISYON SA PATALAAN NG LUPAIN

(LAND REGISTRATION COMMISSION)

Lungsod ng Quezon

January 28, 1985

LRC CIRCULAR NO. 62

SUBJECT �� : �� Clarification of LRC Circular No. 58 re confirmation of

�� decisions and orders for the issuance of decrees.

TO �� : �� ALL OFFICIALS AND EMPLOYEES THIS COMMISSION

In connection with the LRC Circular No. 58, requiring confirmation by Clerks of Court of decisions and orders for the issuance of decrees, such confirmation shall be required only in the following instances:

1. Certified copies of decisions and orders for the issuance of decrees personally delivered by third parties and those delivered by registered mail without covering letters to this Commission shall be referred to the Clerk of Court concerned in writing for confirmation of the genuineness of said decisions and orders and the regularity of the issuance thereof. However, certified copies of decisions and orders for the issuance of decrees personally delivered by the Clerk of Court concerned with or without covering letters shall no longer be confirmed, provided proper and satisfactory identification of the Clerk of Court who delivered the same shall be made by the Records Section.

2. All decisions and orders for the issuance of decrees received by the Records Section before July 10, 1984 shall be referred to the Clerk of Court concerned for confirmation of the genuineness of said decisions and orders and the regularity of the issuance of the same.

3. In case of doubt as to the genuineness of a certain decision or order for the issuance of decree the same shall be referred to the Clerk of Court concerned for confirmation in accordance with LRC Circular No. 58.

This circular supplements LRC Circular No. 58 dated September 10, 1984.

OSCAR VICTORIANO

Acting Commissioner

_________________________________________

REPUBLIKA NG PILIPINAS

KAGAWARAN NG KATARUNGAN

PANGASIWAAN SA PATALAAN NG LUPAIN

(LAND REGISTRATION AUTHORITY)

East Avenue cor . NIA Road

Quezon City

LRA CIRCULAR NO. 06-2000

SUBJECT �� : Amendment of sub-paragraph (a), paragraph 2, Part I ( Ordinary Land

Registration Cases) and sub-paragraph (a), paragraph 2, Part II

(Cadastral Land Registration Cases) of the Manual of Instructions to be

Observed by Clerks of Court of Regional Trial Courts in Ordinary and

Cadastral Land Registration Cases, dated February 20, 1991.

TO �� : All concerned Clerks of Court of Regional Trial Courts,

Metropolitan Trial Courts, Municipal Trial Courts and

Municipal Circuit Trial Courts.

WHEREAS, the Supreme Court in the case of Director of Lands vs. Heirs of Isabel Tesalona (236 SCRA 336) ruled that the submission of the original tracing cloth plan in court as evidence is a statutory requirement of mandatory character;

WHEREAS, on several occasions, the LRA Docket Division is ordered to submit the original tracing cloth plans to the Court necessitating time and expenses on the part of LRA which has custody of the original tracing cloth plan;

THEREFORE, in order to save time and expenses of this Authority in the submission of the original tracing cloth plan in land registration cases thus facilitating the proceedings thereon and pursuant to the Supreme Court Decision in the Director of Lands vs. Heirs of Isabel Tesalona , the follow�ing amendment to the Manual of Instructions shall be enforced:

1. Sub-paragraph (a) of Paragraph 2, Part I of the Manual, is hereby amended to read as follows:

2. Papers to Accompany the Application .- The application for original registration shall be accompanied by the following:

(a) The original plan in tracing cloth or Diazo Polyester film duly approved by the Regional Technical Director, Lands Management Sector of the Department of Environment. and Natural Resources, the same to be attached to the duplicate record which will be forwarded to the Land Registration Authority. Where in lieu of thereof, a true copy of the original plan in tracing cloth or Diazo Polyester film is submitted, the Clerk of Court shall see to it that the same is properly attested and duly certified correct by the Regional Technical Director concerned or the official authorized to make such certification. The official authorized should sign the plan for the Regional Technical Director. All bearings, distances and the technical descriptions of the land appearing on the plan must be ligible . Such true copy shall be retained by the Court concerned and a copy thereof duly certified as faithful reproduction by the Clerk of Court shall be forwarded to the Land Registration Authority.

3. Sub-paragraph (a) of paragraph 2, part II, of the Manual is hereby amended as follows:

2. Form of Applications and Papers to Accompany the Same.- To require that such applications be drawn-up and signed in accordance with Sec. 36 of P.D. 1529. The application must be in duplicate, the original of which and the papers accompanying the same shall be filed with the Clerk of Court. The duplicate copy of the application shall be forwarded to the Land Registration Authority together with the following:

(a) A copy of the tracing cloth or Diazo Polyester Film of the boundary and index map film approved by the Regional Technical Director, Lands Management Service of the Department of Environment and Natural Resources, duly certified by the Clerk of Court.

All existing circulars inconsistent herewith are hereby superseded or amended accordingly.

This Circulars takes effect upon approval of the Department of Justice.

08 March 2000.

(SGD) ALFREDO R. ENRIQUEZ

Administrator ��

Approved:

(SGD) ARTEMIO G. TUQUERO

Acting Secretary

Approved: 22 February 2000

_____________________________

Republic of the Philippines

Department of Justice

LAND REGISTRATION COMMISSION

Manila

April 1, 1958

LRA CIRCULAR NO. 82

SUBJECT: �� Uniformity in the remittance of collections and submission of collection

reports .

TO ALL CLERKS OF COURT (Except that of Manila ):

For a uniform procedure in the remittance by Clerks of Courts of First Instance of their collections pertaining to the Land Registration Commission and in the preparation and submission of their monthly reports on collections, the following directives are hereby issued:

1. Clerks of Courts who collected for the Land Registration Commission filing fees for applications for original registration titles to lands, as well as for motions and petitions filed after decisions have become final and/or after original registration, shall remit their collections direct to the National Treasury, seeing to it that the checks and money orders drawn are payable to the National Treasurer to the credit of the Land Registration Commission in accordance with Provincial Circular No. 21 dated October 18, 1956, of the Department of Finance.

2. (a) For the purpose of simplification of the accounting and auditing work and procedure, separate pads of official receipts, as well as separate cash books, shall be used by the Clerks of Courts exclusively for the collections pertaining to the Land Registration Commission, and no official receipts from other pads shall be used for said collections. Two sets of receipt pads shall be used: one for "deposit" and another for "fees". Should a receipt for deposit instead of a receipt for fees or vice versa be issued due to a mistake, said receipt shall be cancelled by writing on the original, duplicate and triplicate thereof of the words: "Cancelled, see receipt No. _______� and immediately another shall be issued from the proper receipt pad;

(b) The sums to cover the cost of republication of any case by order of the court, together with the sheriff's fees therefor , and all those sums, which in pursuance to an incidental order of the court which are to be deposited with the Clerk of Court and to be afterwards refunded by the Land Registration Commission or later transferred to the National Fund, shall constitute the amount to be collected by the Clerks of Court as "Deposits". In this connection a statement of names of the parties concerned, the number of the case in the court and that of the corresponding record, the purpose for which the deposit was made and the amount deposited, shall be prepared and sent to the Chief Accountant of this Commission. The following form may be used for this purpose:

Court

Case No.

L.R.C. Record No.

Depositor

Amount

Official Receipt No.

Purpose

Total

__________________

Clerk of Court ��

3. (a) A monthly report on collections shall be rendered on General Form No. 12(a), entitled "Abstract of Receipts and Account-Current" which shall be prepared in triplicate, the original and the duplicate to be forwarded to the Chief Accountant of this Commission immediately at the end of each month, and the triplicate to be retained by the Clerk of Court for his file. Inasmuch as this collection report form contains no triplicate sheet, the original and duplicate sheets may be used alternately for the triplicate copy herein required, in which case the word "TRIPLICATE" should be superimposed upon the word "ORIGINAL" or "DUPLICATE", as the case may be, on the upper left hand comer of the sheet.

(b) Should there be no collection, however, pertaining to the Land Registration Commission for the whole month, the Clerk of Court shall state this fact on the prescribed form (Gen. Form No. 12) (A) which shall be submitted in duplicate to this Commission at the end of such month.

(c) All entries in the Abstract of Receipts and Account-Current shall be typewritten or written in indelible pencil, hard enough to give a legible impression on the duplicate and triplicate copies. All official receipts, including cancelled ones, if any, must be posted on this Abstract immediately after issuance keeping the order always in numerical sequence. The purpose for which the collection is made shall be entered in column 4 of the Abstract and continued up to column 9, should more space be needed. The court case number and the LRC (GLRO) Record number shall be shown in columns 10 and 11, respectively, and the assessed value of the property applied for registration, or the value of the consideration for which the property is sold, mortgaged, or otherwise encumbered, and which will be the basis for the collection of the registration fees under Act No. 3901, shall be stated in column 13. These three columns should, therefore, bear appropriate headings as follows: "L.R. Case. � for column 10; �LRA (GLRO) Record No.� for column 11; and "Assessed value or amount of consideration" for column 13. In case of a cancelled receipt, only the number thereof followed by the word "cancelled" shall be entered.

The duplicates of all official receipts issued and posted on the Abstract, as well as originals and duplicates of these have been cancelled for any reason, marked "Cancelled", shall be attached to the said abstract when it is forwarded to this Commission.

4. A Monthly Report of Accountability duly accomplished on General Form NO. 16(A) showing the inclusive serial numbers of all official receipts received and issued by the Clerk of Court for collection pertaining to this Commission shall accompany the Abstract of Receipts and Account Current.

5. The monthly report on collections shall likewise be accompanied by a statement showing the sources of such collections and the corresponding amounts itemized as follows:

STATEMENT OF SOURCES OF COLLECTIONS

1. Applications for original registration of land P ____________________

2. Petitions after decision has become final, including petitions for review

and other claims _____________________

3. Certified copies of documents from records ______________________

4. Miscellaneous ____________________

Total ____________ P _______________

6. ( a ) Remittance of collections to the National Treasurer shall be made at least once a month even if the amount collected has not reached P500.00, and at any time when the total collection unremitted has reached the sum ofP500.00 (cash, checks, treasury warrants and money orders combined). General Form No. 14(b) entitled "Remittance Advice" shall be used to accompany the collections remitted to the National Treasurer. This form shall be prepared in quintuplicate and serially numbered in one series starting with one at the beginning of each fiscal year (i.e. 58-1 for the first remittance advice in fiscal year beginning July 1, 1957). The original and duplicate Remittance Advice plus the check (or paid warrants, checks and money orders should be mailed directly to the National Treasurer or presented at the teller's windows by the Clerk of Court. Airmail may be used whenever it is possible to accelerate receipt of the remittance by the National Treasurer.

(b) The second copy of the Remittance Advice will be receipted by the National Treasurer on a validating machine and returned to the Clerk of Court; the third copy shall be forwarded by the Clerk of Court with the Abstract of Receipt and Account Current directly to the Chief Accountant of this Commission, the fourth copy shall be forwarded to the provincial or city auditor; and the fifth copy to be retained until an acknowledgment has been received from the Treasurer;

7. As soon as a remittance is made, the Clerk of Court shall enter in the corresponding space provided in the credit portion of the Account Current, the date of such remittance and the amount thereof, and also the number of the Treasury Official Receipt (TOR) issued therefor by the National Treasurer upon receipt of the same. But if said official receipt (TOR) is not received at the time of rendering the Collection report, said report shall nevertheless be forwarded to the Chief Accountant of this Commission, with the space for said Treasury Official Receipt number unfilled. This number will be inserted by the Chief Accountant in the collection report upon receipt thereof in this Commission.

8. Deputy Clerks of Court who keep separate accounts of their collections and are therefore personally responsible and accountable therefor , shall render their reports on collections pertaining to this Commission accompanied by the Remittance Advice and other papers in accordance with this Circular. Clerks of Court are hereby directed to furnish their deputies with copies of this Circular for their compliance.

9. Attention is invited in this connection to LRC Circulars No. 45 and 50, dated April 17 and November 6, 1956, respectively.

10. GLRO Circulars Nos. 131 (CC-14) dated October 27, 1951, 137 (CC-16) dated March 5,1952, N-163 (CC-21) dated May 16, 1953, and all other pre-war circulars covering the same subject matter, are hereby superseded and modified accordingly

All previous circulars, memorandum-circulars and/or instructions issued, or parts thereof, as may be found inconsistent herewith, are hereby repealed and deemed superseded by this Circular.

Strict compliance herewith is enjoined.

( Sgd .) ANTONIO B. NOBLEJAS

Commissioner ��

_____________________________

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