[ OCA CIRCULAR NO. 161-2018, July 26, 2018 ]

[ OCA CIRCULAR NO. 161-2018, July 26, 2018 ]

[ OCA CIRCULAR NO. 161-2018, July 26, 2018 ]

TO: ALL JUDGES AND CLERKS OF COURT OF THE FIRST AND SECOND LEVEL COURTS

SUBJECT: IPSO FACTO REVOCATION OF THE AUTHORITY OF THE DESIGNATED ASSISTING JUDGE TO HEAR AND DECIDE INHIBITED CASES PENDING IN THE COURT UPON THE DESIGNATION OF AN ACTING PRESIDING JUDGE OR ASSUMPTION OF DUTY OF THE NEWLY-APPOINTED PRESIDING JUDGE, WITH EXCEPTIONS

In accordance with the 4 April 2018 Resolution of the Court En Banc, directing the Office of the Court Administrator to issue a policy guideline that the authority of the designated assisting judge to hear and decide inhibited cases pending in the court is ipso facto revoked once there is a designation of an acting presiding judge or assumption to duty of the newly- appointed presiding judge without further need of a Court resolution, all concerned are accordingly DIRECTED to OBSERVE and IMPLEMENT the following:

The authority of an assisting judge to hear and decide inhibited cases pending in the court where he/she is designated is ipso facto revoked upon the designation of an acting presiding judge or assumption of duty of the newly-appointed presiding judge without further need of a Court resolution except when: a) the inhibited case has already been submitted for decision or is already past the trial stage, i.e., where all the parties have finished presenting their evidence prior to the designation of an acting presiding judge or appointment of the regular presiding judge, in which case, the designated assisting judge shall decide/resolve the case in accordance with the guidelines provided for in A.M. No. 04-5-19-SC (Resolution Providing Guidelines in the Inventory and Adjudication of Cases Assigned to Judges Who are Promoted or Transferred to Other Branches in the Same Court Level of the Judicial Hierarchy); or (b) there is a ground for the acting/presiding judge to inhibit from the case.

Strict compliance is hereby enjoined.

26 July 2018

(SGD.) JOSE MIDAS P. MARQUEZ Court Administrator