[ OCA CIRCULAR NO. 80-2007, August 23, 2007 ]

[ OCA CIRCULAR NO. 80-2007, August 23, 2007 ]

[ OCA CIRCULAR NO. 80-2007, August 23, 2007 ]

TO:

ALL EXECUTIVE JUDGES, PRESIDING JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL CIRCUIT TRIAL COURTS, AND MUNICIPAL TRIAL COURTS IN THE PROVINCES OF BULACAN AND R1ZAL

SUBJECT:

'MOBILE COURT-ANNEXED MEDIATION" (MCAM).

On 15 August 2007 , the Hon. Chief Justice REYNATO S. PUNO approved the recommendations [1] of the Ad Hoc Committee on Justice on Wheels Project for the deployment of the 1 st and 3 rd Justice on Wheels Mobile Court buses to the provinces of Bulacan and Rizal, respectively. The Committee will initially deploy the mobile court bus in San Jose Del Monte City, Bulacan; and the 3 rd mobile court bus in Taytay, Rizal, both on September 2007.

The mobile courts will be utilized in unclogging the dockets of your respective salas through court-annexed mediation process. Therefore, the mobile courts deployed in your area will also be known as the " Mobile Court-Annexed Mediation " (MCAM).

IN VIEW OF THE FOREGOING, you are hereby directed to do the following acts immediately once the mobile court buses or MCAM are deployed in your respective territorial jurisdictions:

Coordinate with the police authorities and local government units for the purpose of providing security for the mobile court buses;

Conduct an inventory of mediatable cases for submission to OCA and MCAM at least one week before actual referral to MCAM for mediation;

Refer, by issuing orders and notices [2] to parties/litigants, to MCAM the following cases for mediation:

a) All civil cases, settlement of estates, and cases covered by the Rule on Summary Procedure, except those which by law may not be compromised;

b) Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law ;

c) The civil aspects of quasi offenses under Title 14 of the Revised Penal Code;

d) Civil aspect of estafa and libel cases where damages are sought {Sec. 9, Rule 141, A.M. No. 04-2-04 SC effective 16 August 2004).

e) The civil aspects of BP 22 cases;

f) Mediatable cases under the Family Code:

i. Support; ii. Custody/Habeas Corpus in relation to custody; iii. Legal Separation; iv. Property Relations; v. Separation of Property; and vi. Guardianship;

Extend to the mediators/MCAM every possible support and assistance during mediation proceedings;

Ensure the successful implementation of mediation;

Impose the appropriate sanction, including but not limited to censure, reprimand, contempt, payment of costs and fees assessed against the absent party to the attending party and counsel, and such sanctions as are provided under the Rules of Court for failure to appear for pre- trial, in case any or both of the parties absent himself/herself/themselves, or for abusive conduct during mediation proceedings;

Conduct weekly inspection of the mobile court bus;

Coordinate with the officials of the Ad Hoc Committee on the Justice on Wheels Project and/or the Technical Working Croup on the Court- Annexed Mediation on Wheels (TWG-CAMOW) regarding the MCAM activities;

Make or propose recommendations to the Ad Hoc Committee or TWG-CAMOW on matters that will improve the services of the MCAM;

Attend meetings called by the Ad Hoc Committee or TWG-CAMOW;

Such other duties or tasks that may be assigned by the Ad Hoc Committee or the TWG-CAMOW.

Strict compliance is required.

23 August 2007.

CHRISTOPHER O. LOCK

Court Administrator

NIMFA C. VILCHES

Assistance Court Administrator

& Vice-Chairperson

Committee on Justice on Wheels

[1] Please see attached Memorandum for Cheif Justice dated 10 August 2007 (Annex "A").

[2] Copy furnish the MCAM.