Court and Case Management

Court and Case Management SCANNER Normal JOJO 2 7 2002-01-17T03:22:00Z 2002-01-17T03:22:00Z 3 736 4200 SC 35 8 5157 9.2720 120

Records Management

1. Concept

Records management involves the proper maintenance, preservation and accessibility of court records at the least cost and effort.

2. Types of Trial Court Records

2.1 In the Office of the Clerk (OCC)

2.1.1 The Administrative Section

2.1.1.1 Dockets

- Civil, Criminal and Land Registration

- Search Warrant

- Judgment and Entries Book

- Execution Book

- Reconstituted cases

2.1.1.2 Case Records

- Newly filed

- Appealed

- Cases with inhibition orders

- Attendance logbook

2.1.2 Cash Section

2.1.2.1 Accountable Forms

- Cash Bonds

- Financial Reports

2.1.3 Property and Supply Section

2.1.3.1 List of supplies, requests and requisitions

2.1.3.2 List of index of accountable properties

2.1.4 Notarial Section

2.1.4.1 Individual records of commissioned Notaries Public

2.1.4.2 Notarial Reports

2.1.5 Sheriff's Office (also called Warrant Section)

2.1.5.1 Logbooks that contain writs from the court itself and from other courts

2.2 In Trial Courts

2.2.1 Dockets of filed and disposed cases

2.2.2 Case Records

2.2.3 Search Warrant Records

2.2.4 Transcripts of Stenographic Notes

2.2.5 Monthly Reports

2.2.5 Attendance Logbook

3. Protection and Preservation of Records

The custody of records must be entrusted to court personnel with the rank of at least Staff Assistant II and has undergone sufficient orientation and training.

The Clerk of Court shall keep a General Docket with numbered pages where all cases are recorded in numerical sequence, together with a description of the case events that have so far occurred in each case so that its particular case history can be readily seen.

Records of newly filed cases are kept by and are under the custody of the OCC until raffled and distributed to the different branches of a multi-sala court. After raffle, upon delivery and receipt by the trial court, responsibility for their custody and safety is shifted to that court.

Section 14, Rule 136 of the Rules of Court prohibits the taking of any court record without the authority of the court. Court records are confidential documents which may not be taken out of the court unless authorized and with the necessary safeguards.

Upon proper request addressed to the Executive Judge or Presiding Judge, the Office of the Solicitor General, the Office of the Provincial or City Prosecutor and the Office of the Public Attorney may be allowed to borrow records of cases in which the particular office has interest. A better and safer course is to photocopy the needed documents and the retention of the original records with the court.

Section 2, Rule 135 of the Rules of Court recognizes that the records of courts of justice are public documents and may be inspected during business hours. However, there are certain records which may not be open to the public. Strict confidentiality is thus observed in the following instances:

a. The Investigation Report and Supervision History of a probationer (Section 17 of the Probation Law);

b. Cases under Art. 200, of Presidential Decree No. 603 (The Child and Youth Welfare Code);

c. Violations of the Dangerous Drugs Act of 1972;

d. Proceedings against members of the Philippine Bar except the final judgment; and

e. Proceedings against members of the Bench; however, a copy of the decision or resolution of the Supreme Court shall be spread in the records of the judge at the Office of the Court Administrator.

4. Destruction of Records

Supreme Court Adm. Order No. 13 of April 29, 1981 provides that only records of cases terminated for at least fifteen (15) days can be disposed of or destroyed in accordance with the following procedure:

1. Publication of notice to dispose/destroy records in a newspaper of general circulation once a week for two (2) consecutive weeks;

2. Posting of the notice likewise for two (2) weeks in three (3) public places;

3. If so desired, filing by interested party of motion to withdraw any record or exhibit at any time before date of disposal or destruction;

4. Disposal or destruction to be done not earlier than one (1) month from publication date, either by selling or burning, or some other practicable method;

5. If disposal is through sale, it must be done in the presence of the Executive Judge or Clerk of Court and the resident auditor of the lower courts or, if sale is made in provincial courts, the representative of the Commission on Audit in the area. The Clerk of Court shall issue the proper receipt to the buyer and report the sale to the Court Administrator;

6. The Clerk of Court shall remit to the National Treasury the sale proceeds under a separate Remittance Advice to the credit of the Regional Trial Courts, with notice of such remittance furnished the Court Administrator.

All seized, confiscated or surrendered dangerous drugs under the court's custody must be surrendered to the National Bureau of Investigation.

Firearms, ammunition and explosives are to be turned over to the nearest Constabulary Command.

Other pieces of object evidence are to be turned over to the Commission on Audit.

Confiscated money must be surrendered to the National Treasury.