[ SC ADMINISTRATIVE CIRCULAR NO. 81 - 2012, September 17, 2012 ]

[ SC ADMINISTRATIVE CIRCULAR NO. 81 - 2012, September 17, 2012 ]

[ SC ADMINISTRATIVE CIRCULAR NO. 81 - 2012, September 17, 2012 ]

TO :

ALL JUDGES AND CLERKS OF COURT/BRANCH CLERKS OF COURT/OFF1CERS-IN-CHARGE OF THE REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS

SUBJECT:

NEW FORMS, GUIDELINES, INSTRUCTIONS AND RULES IN ACCOMPLISHING THE MONTHLY REPORT OF CASES

WHEREAS, the lower courts are required to submit a uniform report every month in compliance with Administrative Circular No. 4-2004 dated February 4, 2004 (Revised Forms, Rules, Guidelines and Instructions in Accomplishing the Monthly Report of Cases);

WHEREAS, the Office of the Court Administrator (OCA) created a Reportorial Committee (OCA Memorandum Order No. 3-2011 dated February 15, 2011) to review, consolidate and update all reports submitted to the OCA;

WHEREAS, the Committee, after thoroughly reviewing the reports submitted by the lower courts, found a need to revise the present Monthly Report of Cases (MRC) Form;

WHEREAS, the Committee observed that there are certain data or information (such as nature of the cases filed) included in the present monthly report form which are not applicable to all the lower courts;

WHEREAS, the Committee proposed to revise the present Monthly Report of Cases form being used by the lower courts;

WHEREAS, the Committee deemed it appropriate to provide separate and different Forms for the Regional Trial Courts (RTCs) of general jurisdiction in the multiple-sala stations and single sala station, Special Courts (Family Court, Drugs Court and Commercial Court), and the first level courts, taking into consideration the specific types of cases filed in said courts;

WHEREAS, the different forms were approved for pilot-testing on July 05, 2011 for a period from August 2011 to September 2011;

WHEREAS, the results of the pilot-testing proved to be positive and the different courts involved therein found the Forms to be appropriate for their use;

WHEREFORE, the hereunder new Forms are hereby adopted for use by all first and second level courts and the guidelines,, instructions and rules in accomplishing the Monthly Report of Cases will be as follows, thus:

I. NEW FORMS

1. The new Forms shall hereafter be denominated as:

i. MRC-RTC (GJ-MSS) - RTC (General Jurisdiction) Multiple-Sala Station ii. MRC-RTC (SSS) - RTC (Single Sala Station) iii. MRC-RTC (FC) - RTC (Family Court) iv. MRC-RTC (DC) - RTC (Drugs Court) V. MRC-RTC (CC) - RTC (Commercial Court) vi. MRC-FLC - First Level Courts (MeTC/MTCC/MTC/MCTC)

2. The new Forms shall be used by all lower courts (depending on the type of court) in the submission of their Monthly Report of Cases.

3. The Clerk of Court, Branch Clerk of Court or the Officer-in-Charge shall accomplish the applicable new Form in duplicate (if by post or courier) at the end of each month. The clerks in charge of criminal, civil and other cases shall assist the former in the preparation and accomplishment of the new Forms.

4. Copies of the new Forms shall be submitted to the Office of the Court Administrator, Supreme Court, either through (a) electronic mail, or (b) by post or courier (original copy) to:

The Chief Statistical Reports Division (SRD) Court Management Office Office of the Court Administrator Supreme Court Taft Avenue, Errnita, Manila 1000 Or

Email Address: srdcmo(a)sc.iudiciary.gov.ph (Subject: Monthly Report of Cases)

The court which submitted a soft copy of the new Form through electronic mail need not submit a hard copy to the SRD but must retain a copy in the court's file. The court which submitted a hard copy by post or courier shall retain a second copy thereof.

II. GENERAL GUIDELINES

1. The Clerk of Court, Branch Clerk of Court, or the Officer-in-Charge of a court with an assisting judge shall prepare separate Forms for the presiding judge and for the assisting judge. The Monthly Report of Cases of the presiding judge shall be limited to cases which are assigned to him for hearing and those submitted before him for decision or assigned to him for decision. The Monthly Report of Cases of the assisting judge shall be limited to the cases assigned to him for hearing and those submitted or assigned to him for decision.

2. The applicable new Form shall be signed and certified under oath by the presiding judge/acting presiding judge/assisting judge and the Clerk of Court/Branch Clerk of Court/Officer-in-Charge of the court concerned. The presumption of regularity in the performance of duty shall be applied to courts submitting their monthly reports through electronic mail.

3. The new Forms provide two (2) spaces for the following information:

a) Judge (indicate whether presiding, acting or assisting);

b) Clerk-of Court (indicate whether clerk of court, branch clerk of court or officer-in-charge); and

c) If the judge submitting the applicable new Form is an acting or assisting judge, he/she shall likewise indicate the source and scope of his/her authority, such as an Administrative Order or Resolution of the Supreme Court with the number and date of its issuance.

4. Failure to. submit the applicable new Form shall warrant the withholding of the salaries of the judge/s and clerk/s of court/branch clerk/s of court/officer/s- in-charge concerned, without prejudice to whatever administrative sanction the Supreme Court may further impose or criminal action which may be filed against them. The same sanctions shall apply to those submitting reports with incomplete or inaccurate entries.

5. In case of loss of the applicable new Form sent by post or courier, the court concerned must, upon notice of non-receipt thereof by the Statistical Reports Division, Court Management Office, immediately send to such Division a copy of the lost or missing report. The mere submission of proof of mailing will not relieve the judge/s and clerk/s of court/branch clerk/s of court/officer/s-in- charge of their obligation to submit anew the required monthly report of cases on time.

6. The submission of the applicable new Form is a requirement separate and distinct from other reports required by the Supreme Court. Submission of other reports shall not justify or excuse the non-submission of the herein required Monthly Report of Cases.

7. All entries must be filled up.. If there is no case or data applicable, indicate zero (0).

III. DETAILED INSTRUCTIONS IN ACCOMPLISHING THE NEW FORMS OF MONTHLY REPORT OF CASES

1. Court Information. All information required in the upper left-hand portion of the first page of the applicable new Form should be filled-up for proper identification. of the court concerned. The space opposite the term "MONTH/YEAR" shall indicate the month and year covered by the report.

2. Case Information . The applicable new Form must be closely examined to understand and know the information required therein. ' Although the first and second pages thereof are similar, each page requires information on specific types of cases depending on the type of court, i.e. first or second level court, or regular or special court. The first page requires information on the movement of all criminal cases and existence of detention prisoners while the second page requires information concerning the movement of civil cases and the number of Temporary Restraining Order/Preliminary Injunction/ Stay Order/ Temporary Protection Order/ Permanent Protection Order issued

Note No. 1. Items/Rows I to IV pertain to the movement or inflow/outflow of each type of case. The columns refer to the specific types of cases

3. Computations of Case Inflow and Outflow. The following procedures must be observed in filling up item Nos. I to V for CRIMINAL CASES (Page 1) and CIVIL CASES (Page 2) of the new Forms, to wit.

3.1 Item No. I - Number of Pending Cases at the Beginning of the Month. Fill up all Columns referring to specific types of CRIMINAL CASES (Page 1) and CIVIL CASES (Page

2) under Item No. I based on the number of pending cases at the end of the month immediately preceding the month subject of the report.

Note No. 2; In instances where the number of pending cases at the beginning of the month does not tally with the pending cases at the end of the preceding month, an amended monthly report covering the preceding month shall be submitted together with the latest monthly report. Without such amended monthly report, the succeeding reports are deemed to have not been filed and par. 4 of the General Guidelines (re: non-submission of reports/incomplete entries/ attachments) shall apply.

3.2 Item No. II - Total Number of Cases Added. The total number of cases added during the month under Item No. II, otherwise referred to as the Case Inflow, refers to the number of cases added to those pending at the beginning of the month. These may include newly-filed or raffled cases under Item No. II-A," revived cases under Item No. Il-B, or cases received from other courts/stations due to . inhibition by judges or change of venue under Item No. II-C.

To compute the Total Number of Cases Added during the Month (Item No. II), fill up the sub-categories in the following order:

• Item Nos. ll-A-1 (Original Jurisdiction) and ll-A-2 (Appealed from Lower Court); • Item No. Il-A - Number of New Cases Filed or Raffled. (Add entries in Items Nos. ll-A-1 and ll-A-2 ); • Item No. Il-B - Number of Cases Revived; and • Item No. Il-C - Number of Cases Received from Other Courts/Stations.

The TOTAL NUMBER OF CASES ADDED DURING THE MONTH will be the SUM of Item Nos. II-A (for emphasis: Item No. II-A is the sum of Item Nos. ll-A-1 to ll-A-2), II-B and II-C.

3.3. Item No. Ill - Total Number of Cases Deducted. The total number of cases deducted during the month under Item No. III otherwise referred to as the Case Outflow, refers to the number of cases deducted from the total 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). These may be decided/resolved cases on the merits under Item No. III-A, decided/resolved cases by way of compromise, JDR, etc. under Item No. Ill-B, archived cases under Item No. III-C, or cases transferred to other courts/stations due to inhibition of judges or change of venue under Item No: III-D.

The TOTAL NUMBER OF CASES DEDUCTED DURING THE MONTH will be the SUM of Item Nos. Ill-A, Ill-B, Ill-C and Ill-D.

3.4. Item No. IV - Number of Pending Cases at the End of the Month. To determine the number of pending cases at the end of the month under Item No. IV, DEDUCT the cases under columns of Item No. Ill (Total Number of Cases Deducted during the Month) from the SUM of the cases under the corresponding columns of Item No. I (Total Number of Pending Cases at the Beginning of the Month) and Item No. II (Total Number of Cases Added during the Month).

3.5. Item No. V - Number of Cases with Detention Prisoners for Criminal Cases (Page 1) and Number of TRO/Preliminary Injunction/ Temporary Protection Order (TPO)ZPermanent Protection Order (PPO) (Page 2) for Civil Cases, except Commercial Courts which require the number of Stay Orders and Family Courts which also require the number of TPOs and PPOs. Fill up respectively Item No. V with the number of cases with detention prisoners and the number of TROs/Preliminary Injunctions issued.

Note No. 3: If at the end of the month there are cases where the proceedings are suspended due to petitions for review on c'ertiorari, petitions for reinvestigation, prejudicial question, mental examination or rehabilitation of an accused, and other similar causes, include all cases which were suspended prior to the month being reported. Note that these cases should not be deducted from the total cases pending at the end of the month.

4. Summary of Computations. To sum up the computations on Inflow and Outflow of Cases under Item Nos. li and II! of the new Forms, refer to the respective Rows and Columns under Total CRIMINAL CASES (Page 1) and CIVIL CASES (Page 2), as follows:

ROW-WISE COMPUTATION Item No. II-A = = Item Nos. ll-A-1 (+) ll-A-2 Item No. 11-A . = Item Nos. Il-A (+) Il-B (+) ll-C (for emphasis: Item No. Il-A I s the sum of Item Nos. ll-A-1 and ll-A-2) Item No. Ill = Item Nos. Ill-A (+) Ill-B (+) I ll-C (+) Ill-D (for emphasis: Item No. Ill-A is the sum of Item Nos. 1 ll-A-1 and 1 ll-A-2) Item No. IV = [Item No. I (+) Item No. ii ] (-) Item No. Ill

5. Cases Submitted for Decision. Item No. VI (Cases Submitted for Decision) covers all cases submitted for decision but not yet decided at the end of the month, including those cases previously reported for decision but still undecided. Also included are cases with unresolved • motions which may determine the disposition of cases, i.e. Motions to Dismiss or Demurrer to Evidence. Patent non-indication of undecided cases or unresolved motions may constitute falsification of official document. All columns provided therein must be properly filled up. If there are no cases submitted for decision, please indicate "NONE". Incomplete entries as well as the use of another format not conforming with the prescribed or applicable new Form shall warrant the application of par. 4 of the General Guidelines (re: non-submission of reports/incomplete entries/ attachments) and other disciplinary measures.

Note No. 4: Emphasis is given on the date the case is submitted for decision and the respective date when the reglementary period expires/ expired. The due date must be computed based on the 90, 30, or 15-day period, whichever is applicable. Judges are further reminded that incomplete transcript of stenographic notes and the non-submission of memoranda do not suspend the running of the period to decide cases.

6. Profile of Accused. Item No. VII (Profile of Accused) refers to the ACTUAL total number of accused at the end of the month, regardless of the Number of Pending Cases at the end of the Month under item No. IV, column for Total Criminal Cases. For instance, if Mr. A is accused of three (3) counts of Murder, the figure to be entered under item No. IV, column for Total Criminal Cases, is "3", but in Item No. VII, the entry should only be "1" as there is only one (1) accused. Corotlarily, if Mr. A, Mr. B, and Mr. C are accused of Rape, the figure to be entered under Item No. IV, column for Total Criminal Cases, should be "1", but under Item No. VII, the entry should be "3".

7. Other Items. Item No. VIII (Cases under Mediation ), refers to the pending cases placed under mediation during the month. Item No. IX (Data on Probation), refers to the number of applications for probation pending, revoked and terminated during the month. Item No. X" (Warrants, Temporary Restraining Orders [TROs], Injunctions), refers to the number of search warrants, warrants of arrest, temporary restraining orders and preliminary injunctions issued, quashed/recalled/lifted, and pending at the end of the month. For Family Courts (Form MRC-RTC [FC]), also include the number of Temporary and/or Permanent Protection Orders (TPOs/PPOs) issued and lifted during the month. And for Commercial Courts (Form MRC-RTC [CC]), include the number of Stay Orders issued during the month. Item No. XI (Number of Cases on Extra Judicial Killings of Political Ideologists and Members of Media), Item No. XIV (Court Sessions during the Month), Item No. XV (Number of Marriages Solemnized during the Month), and Item No. XVI (Number of

Writs Issued during the Month) are all self-explanatory.

8. Aging of Cases. Item No. XII (Aging of Pending Cases) refers to the period during which a case has been pending in court from the date of its raffle up to the date when the current monthly report is prepared. The total of the criminal cases and civil cases under this item should tally with the entries in Item IV, Column for Total Criminal and Civil Cases, respectively.

9. Appealed Cases. Item No. XIII (Decisions/Final or Interlocutory Orders Elevated on Appeal/Certiorari during the Month) includes all cases that have been appealed to a higher court which are not yet finally disposed of by the latter.

10. List of Other Cases. The List of Other Cases (Page 6) refers to the number of cases not falling under the specific types of cases reported in Page 1 (Criminal Cases) and Page 2 (Civil Cases).

11. All entries found in Item Nos. VII to XVI and List of Other Cases (Page 6) must be properly filled up. If there is no case or data applicable, indicate zero (0).

12. Subscription . The applicable new Form shall be subscribed and sworn to by the judge and his Clerk of Court/Branch Clerk of Court or Officer-in-Charge concerned 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. Should the distance or mode of transportation be such as to make it impractical to swear before the aforesaid judges, the declaration under oath may be done before a public prosecutor or a notary public, in this order.

IV. RULES FOR EACH TYPE OF COURT

Depending on the type of court, the following rules and procedures must be observed in filling-up the specific number of and total caseload of criminal and civil cases cognizable, by the Regional Trial Courts of general jurisdiction in the muitiple-sala and single sala stations, Special Courts (Family Court, Drugs Court and Commercial Court), and the first level courts, to wit:

A. RTC (General Jurisdiction) Multiple Sala Station [Form MRC-RTC (GJ-MSS)]:

A.1 Number of Criminal Cases. The data contained in Columns 1 to 11, if added together, should be equal to the total number of criminal cases under Column 12.

Take note of Column 11 (Other Criminal Cases) and relate it to Item XI in Page 4.

A.2 Number of Civil Cases. The data contained in Columns 13 to 18, if added together, should be equal to the total number of civil cases under Column 19.

A.3 Total Caseload. The GRAND TOTAL value under Column 20 is the sum of the total criminal cases under Column 12 and the total civil cases under Column 19.

To sum up computations, refer to Column Numbers and Item Numbers. Thus, the computation shall be as follows:

COLUMN-WISE COMPUTATION: Column 12 = = Columns 1+2+3+4+ 5 + 6 + 7 + 8 + 9+10+11 Column 19 = = Columns 13 + 14 + 15 + 16 + 17 + 18 Column 20 = = Columns 12 + 19

B. RTC (Single Sala Station) Form MRC-RTC (SSS)

B.1 Number of Criminal Cases . The data contained in Columns 7, 12 and 24 , if added together, should be equal to the total number of criminal cases under Column 25.

B.1.1 Number of Child and Family Cases. (Column 7) - To arrive at the total number of child and family cases, the data under Columns 1 to 6 should be added;

B. 1.2 Number of Drugs Cases. (Column 12) - To arrive at the total number of drug cases, the data under Columns 8 to 11 should be added. EXCLUDE drugs cases involving minors reported under Column 2;

B .1.3 Number of Other Criminal Cases (Column 24) - To arrive at the total number of other criminal cases, the data under Columns 13 to 23 should be added. EXCLUDE rape, cases involving minors reported under Column 3 and human trafficking cases involving minors reported under Column 5;

Take note of Column 23 (Ail Other Criminal Cases) and relate it to Item XI in Page 4

B.2 Number of Civil Cases. The data contained in Columns 26 to 36 , if added together, should be equal to the total number of civil cases under Column 37.

B.3 Total Caseload. The GRAND TOTAL value under Column 38 is the sum of the total criminal cases under Column 25 and the total civil cases under Column 37.

To sum up computations, refer to Column Numbers and Item Numbers. Thus, the computation shall be as follows:

COLUMN-WISE COMPUTATION: Column 7 = Columns 1 + 2+ 3 + 4 + 5 + 6 Column 12 = Columns 8 + 9 + 10 + 11 Column 24 = Columns 13 + 14 +15 + 16 + 17 + 18 + 19 + 20+ 21 + 22 + 23 Column 25 = Columns 7 + 12 + 24 Column 37 = Columns 26 + 27 + 28 + 29 + 30 + 31 +32 + 33 + 34 + 35 + 36 Column 38 - Columns 25 + 37

C. RTC (Family Court) Form MRC-RTC (FC)}:

C.1 Number of Criminal Cases. The data contained in Columns 1 to 6 , if added together, should be equal to the total number of criminal cases under Column 7. Take note of Column 6 (Other Criminal Cases) and relate it to Item XI in Page 4.

C.2 Number of Civil Cases. The data contained in Columns 8 to 14, if added together, should be equal to the total number of civil cases under Column 15.

C.3 Total Caseload. The GRAND TOTAL value under Column 16 is the sum of the total criminal cases under Column 7 and the total civil cases under Column 15.

To sum up computations, refer to Column Numbers and Item Numbers. Thus, the computation shall be as follows:

COLUMN-WISE COMPUTATION; Column 7 = Columns 1 +2 + 3 + 4 + 5 + 6 Column 15 = Columns 8 + 9 + 10 + 11 + 12 + 13 + 14 Column 16 = Columns 7 + 15

D. RTC (Drugs Court) [Form MRC-RTC (DC)]:

DA Number of Criminal Cases. The data contained in Columns 7 and 8 , if added together, should be equal to the total number of criminal cases under Column 9.

D.1.1 Number of Drug Cases. (Column 7) - To arrive at the total'number of drug cases, the data under Columns 1 to 6 should be added.

Take note of Column 8 (Other Criminal Cases) and relate it to Item XI in Page 4.

D.2 Number of Civil Cases, The data contained in Columns 10 to 12, if added together, should be equal to the total number of civil cases under Column 13.

D.3 Total Caseload. The GRAND TOTAL value under Column 14 is the sum of the total criminal cases under Column 9 and the total civil cases under Column 13.

To sum up computations, refer to Column Numbers and Item Numbers. Thus, the computation shall be as follows:

COLUMN-WISE COMPUTATION: Column 7 = Columns 1 +2 + 3 + 4 + 5 + 6 Column 9 = Columns 7 + 8 Column 13 = Columns 10 + 11 + 12 Column 14 = Columns 9+ 13

E. RTC (Commercial Court) Form MRC-RTC(CC)}:

E.I Number of Criminal Cases. The data contained in Columns 3,15 and 16 , if added together, should be equal to the total number of criminal cases under Column 17.

E.1.1 Number of Commercial Court Cases. (Column 3) - To arrive at the total number of commercial court cases, the data under Columns 1 to 2 should be added;

E.1.2 Number of Regular Court Cases. (Column 15) - To arrive at the total number of regular court cases, the data under Columns 4 to 14 should be added;

Take note of Column 14 (All Other Crimina! Cases) and relate it to Item XI in Page 4.

E.2 Number of Civil Cases. The data contained in Columns 22, 28 and 29, if added together, should be equal to the total number of civil cases under Column 30.

E.2.1 Number of Commercial Court Cases. (Column 22) - To arrive at the total number of commercial court cases, the data under Columns 18 to 21 should be added;

E.2.2 Number of Regular Court Cases. (Column 28) - To arrive at the total number of regular court cases, the data under Columns 23 to 27 should be added;

E.3 Total Caseload. The GRAND TOTAL value under Column 31 is the sum of the total criminal cases under Column 17 and the total civil cases under Column 30.

To sum up computations, refer to Column Numbers and Item Numbers. Thus, the computation shall be as follows:

COLUMN -WISE COMPUTATION: Column 3 = Columns 1 + 2 Column 15 = Columns 4 + 5 + 3 + 7 + 8 + 9 + 10 + 11 + 12 + 13 + 14 Column 17 = Columns 3 + 15 + 16 Column 22 = Columns 18 + 19 + 20 + 21 Column 28 = Columns 23 + 24 + 25 + 26 + 27 Column 30 = Columns 22 + 28 + 29 Column 31 = Columns 17 + 30

F. First Level Courts (MeTC/MTCC/MTC/MCTC) [Form MRC-FLCl:

F.1 Number of Criminal Cases. The data contained in Columns 1 to 10, if added together, should be equal to the total number of criminal cases under Column 11. Take note of Column 10 (All Other Criminal Cases) and relate it to Item XI in Page 4.

F.2 Number of Civil Cases. The data contained in Columns 12 to 17 , if added together, should be equal to the total number of civil cases under Column 18. F.3 Total Caseload. The GRAND TOTAL value under Column 19 is the sum of the total criminal cases under Column 11 and the total civil cases under Column 18. To sum up computations, refer to Column Numbers and Item Numbers. Thus, the computation shall be as follows.

V. COLUMN-WISE COMPUTATION: Column 11 = = Columns 1 + 2 + 3 + 4 + 5 + 6 + 7 + 8 + 9 + 10 Column 18 = = Columns 12 + 13 + 14 +15 + 16 + 17 Column 19 = = Columns 11 + 18

REPEALING CLAUSE

Administrative Circular No. 4-2004 dated February 4, 2004 (Revised Forms, Rules, Guidelines and Instructions in Accomplishing the Monthly Report of Cases) is hereby repealed and superseded by this Administrative Circular.

VI. EFFECTIVITY

This Administrative Circular shall take effect immediately and the new Forms of the Monthly Report of Cases shall be used starting the month of October 2012.

The new Forms of the Monthly Report of Cases shall be submitted within the first ten (10) days of each succeeding month.

For strict compliance.

(SGD.)MARIA LOURDES P.A. SERENO Chief Justice