circular[ SC CIRCULAR NO. 10, May 22, 1987 ] 1987-05-22

[ SC CIRCULAR NO. 10, May 22, 1987 ]

[ SC CIRCULAR NO. 10, May 22, 1987 ]

[ SC CIRCULAR NO. 10, May 22, 1987 ]

ADMINISTRATIVE SUPERVISION OF COURTS

TO :

ALL JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL. COURTS, METROPOLITAN 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 inhibitions

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

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

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