[ ADMINISTRATIVE CIRCULAR NO. 42-2004, September 07, 2004 ]

[ ADMINISTRATIVE CIRCULAR NO. 42-2004, September 07, 2004 ]

[ ADMINISTRATIVE CIRCULAR NO. 42-2004, September 07, 2004 ]

CREATING A COMMITTEE ON DISPOSAL OF FORFEITED REAL PROPERTY BONDS

WHEREAS, the proceeds of the sale of forfeited property' bonds offered in criminal cases for the temporary liberty of accused persons are part of the Judiciary Development Fund;

WHEREAS, a partial inventory of the property bonds confiscated by the lower courts in criminal cases shows that a number of these bonds remain undisposed due to either lack of funds for the required publication, failure of bidding, or lack of interested buyers;

WHEREAS, there is a need to provide clear-cut guidelines on the forfeiture and effective disposal of such bonds;

WHEREAS, in its Resolution dated 23 September 2003 in A.M. No. 03-6-07-SC, the Court en banc directed the Office of the Court Administrator to "draft an Administrative Circular that shall create a Committee for the Disposal of Real Estate Properties, define its functions, and outline the procedure for the disposal of such properties for submission to, and approval by, the Court;"

WHEREAS, on 1 September 2004, the Court Administrator submitted the draft of the Administrative Circular and recommended the creation of a special committee to be known as the COMMITTEE FOR THE DISPOSAL OF REAL PROPERTY BONDS to be composed of the personnel named therein.

WHEREAS, the Court Administrator also recommended that the Committee be tasked to

Draft the recommended guidelines or procedure for the forfeiture and disposal of real property bonds. These guidelines shall include the proposed procedure for the disposal of real property bonds that remain undisposed notwithstanding due conduct of auction sale; and

Recommend the composition of a regular committee, which shall handle the disposal of real property bonds that remain undisposed;

WHEREAS, the problem of effective disposal of forfeited real property bonds in criminal cases must forthwith be resolved, and a committee should be constituted for the above-mentioned purpose.

NOW THEREFORE, pursuant to their authority under the revised Resoution in A. M. No. 99-12-08-SC, the undersigned hereby create and organize a COMMITTEE ON DISPOSAL OF FORFEITURED REAL PROPERTY BONDS to be composed of the following:

Chairman - Christopher O. Lock

Deputy Court Administrator

Vice-Chairman - Wilfredo V. Lapitan

SC Assistant Chief of Office

Office of the Chief Attorney, SC

Members

- Atty. Wilhelmina Geronga

OIC, Legal Office, OCA

Atty. Elizabeth S. Tanchoco

Office of Deputy Court Administrator

Christopher O. Lock

Atty. Caridad M. Walse-Lutero

Office of the Asst. Court Administrator

Antonio H. Dujua

Ms. Florence J. Bautista

Accounting Division, FMO, OCA

Atty. Engracio M. Escasifias

Office of the Clerk of Court, Makati City

Secretary - To be designated by the Chairman, subject to

approval by the Court

The Committee shall perform the following duties and responsibilities:

1. Draft the guidelines for the forfeiture and disposal of real property bonds offered for the provisional liberty of accused in criminal cases and duly ordered confiscated and forfeited by the courts concerned, which shall include the procedure for the disposal thereof in the event of failure of the auction sale;

Submit to the Court not later than 15 November 2004 the draft of the Guidelines;

Handle the disposal of real property bonds that have remained undisposed;

Recommend, from time to time, such other effective measures as may become necessary to immediately dispose of forfeited real property bonds; and

Make a quarterly report of its activities.

The Chairman, Vice-Chainnan, members and secretary of the Committee shall receive the expense allowance prescribed for Ad Hoc Committees in Administrative Circular No. 13-99, issued on 30 September 1999.

The Administrative Circular shall take effect upon its issuance.

Issued this 7th day of September 2004.

HILARIO G. DAVIDE , JR.

Cheif Justice

Chairman, First Division

RENATO C. CORONA

ARTEMIO V. PANGILINAN

Associate Justice

Associate Justice

Chairman, Second Division

Chairman, Third Division

(per A. M. No. 99-12-08- SC revised)

Copy furnished:

Office of the Chief Justice Offices of the Associate Justices Office of the Court Administrator Office of the Clerk of Court Offices of the Deputy Court Administrators Offices of Administrative Services, SC Offices of Court Attorney Fiscal Management and Budget Office Management Information Systems Office Public Information Office Philippine Judicial Academy Judicial and Bar Council Judicial Records Office Records Control Division ABOVE NAMED OFFICERS and MEMBERS OF THE COMMITTEE