SC CIRCULAR NO. 30-91, September 30, 1991

SC CIRCULAR NO. 30-91, September 30, 1991

Circulars September 30, 1991
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OFFICE OF THE COURT ADMINISTRATOR

TO:
THE COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS,
REGIONAL TRIAL COURT, SHARI’A DISTRICT COURTS, METROPOLITAN TRIAL COURTS,
MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRAIL COURTS, MUNICIPAL CIRCUIT
TRIAL COURTS, SHARI’A CIRCUIT COURTS AND TO ALL OTHER CONCERNED
 
SUBJECT:
GUIDELINES ON THE FUNCTIONS OF THE OFFICE OF THE COURT OF
ADMINISTRATOR

For Your information and guidance, quoted hereunder is the
Resolution of the Court En Banc dated February 26, 1991:

“Re: Guidelines on the Functions of the Office of the Court
Administrator. – The Court Resolved to APPROVE the guidelines on the functions
of the Office of the Court Administrator, to wit:

GUIDELINES ON THE FUNCTIONS OF THE OFFICE OF THE COURT
ADMINISTRATOR

  1. General Considerations

A. The Supreme Court exercises administrative supervision over
all lower courts. In the discharge of its administrative functions, the Court is
assisted by the Court Administrations (P.D. No. 828, as amended by P.D. No.
842). This Court thus acts through the court administrators in the exercise of
its administrative functions, (See A.M. No. 343-RTJ In Re: RTC Judge of Balanga,
Bataan).

B. The rationalism of the allocation of duties and functions of
the Office of the Court Administrator is needed for a more systematic
workflow.

C. The work attended to by the Office of the Court
Administrator either on its responsibility or with the approval of the Court En
Banc, may be classified into the following categories:

  1. Judicial discipline of lower court justices, judges and
    personnel;

  2. Administrative interventions in case management of lower courts, including
    designation of Executive Judges and detail of judges to other
    courts;

  3. Preparation of draft circulars;
  4. Public assistance and information; and
  5. Personnel administration; and
  6. Liason with the Executive and Legislative Departments.

    II. Matters to be attended by the Court En Banc.

    A. Disciplinary Matters

    1. Justices and Judges. – Judicial discipline matters involving
      the justices and judges of all lower courts (Court of Appeals, Sandiganbayan,
      Court of Tax Appeals, Regional Trial Courts, Metropolitan Trial Courts, MTCC,
      MTCC, MCTC, Shari’a Courts) filed with the Office of the Court Administrator or
      the lower courts shall be immediately referred to the Court En Banc for
      appropriate action.

    2. Lower Court Personnel

     

    a. Light offenses –

    (1) Disciplinary matters involving light offenses as defined under
    the Civil Service Law (Administrative Code of 1987, and the Code of Conduct and
    Ethical Standards for Public Officials and Employees. (Rep. Act 6713) where the
    penalty its reprimand, suspension for not more than thirty days, or a fine not
    exceeding thirty days salary, and as classified in Civil Service Resolution No.
    30, Series of 1989, shall be acted upon by the appropriate supervatory official
    of the lower courts concerned.

    (2) The appropriate supervisory officials are the Presiding
    Justice/Presiding Judge of the lower collegiate courts and te Executive Judges
    of the trial court with respect to the personnel of their respective courts,
    except those directly under the individual Justices, in which case; the latter
    shall be their appropriate supervisory officials.

    (3) The complaint for light offenses whether filed directly
    with the Court, the Office of the Court Administrator, or the lower court shall
    be heard and decided by the appropriate supervisory official
    concerned.

    b. Grave Or Less Grave Offenses

    All administrative compliance for grave or less grave offenses
    as defined in the Codes hereinbefore referred to shall be immediately referred
    to the Court En Banc for appropriate action within 15 days from receipt
    by the Court Administrator if filed directly with him, otherwise, within 15 days
    likewise from receipt by him from the appropriate supervisory officials
    concerned.

    c. Conduct of Investigation

     

    (1) The investigation of administrative complaints by the
    appropriate supervisory officials shall, as much as practicable, conform with
    the Rules of Procedure established by the Civil Service Commission under
    Resolution No. 89-779.

    (2) In light offenses, the respondent may appeal to the Court
    En Banc, within 30 days from receipt of the administrative decision but
    appeal shall not stay enforcement thereof unless otherwise ordered by the
    Court En Bane or any Division to which the case may be
    assigned.

    B. Designation of. Judges

    1. Designation cf Executive Judge and Vice Executive Judges as well as
      temporary detail of Judges., to other branches or administrative areas shall be
      made by the Court En Banc.

    2. Designation of Municipal .Judges to act on cadastral cases as well as temporary detail to other branches within the same administrative area, shall
      be made by the Executive Judge of the RTC with supervision over
      them.

    3. Designation of Municipal Judges or their detail to branches outside the
      administrative area of supervision of their Executive Judge of the RTC shall be
      made by the Court En Banc.

    C. Request for transfer of cases from one court, administrative area or
    judicial region to another and/or transfer or judicial region to another and/or
    transfer of venue of cases to avoid miscarraige of justice as provided for in
    Section 5(4), Article VIII of the Constitution.

    D. Amendment, modification and/or revocation of Administrative
    Orders and Circulars issued by the Supreme Court.

    E. Matters for policy determination.

    III. Matters to be attended by the Court
    Administrator

    A. Personnel Administration

    Appointments of all lower court personnel shall be processed by
    the Office of the Court Administrator, assisted by the Administrative Division,
    in accordance with the guidelines of the Court En Banc dated April 9,
    1987. A list of proposed appointees shall be submitted to the Court En
    Banc
    and their Commission shall be signed by the Court Administrator or the
    Deputy Court Administrators upon approval of their appointments by the Court
    En Banc. Any protest against these appointments shall be resolved by the
    Court En Banc.

    B. Public Assistance and Information

    The Office of the Court Administration shall attend to all
    matters of public assistance and information, requested for expeditious action
    on pending cases in the lower courts, indorsements from other government
    agencies and other matters which do not involve administrative or judicial
    adjudications, including queries on status of cases in the lower courts and on
    such other matters relative to pertinent circulars, memoranda, or administrative
    orders of the Supreme Court.

    C. Other Administrative Matters

    1. Request of judges and court personnel for advice on routine
      administrative matters where the Court has laid down guiding
      policies;

    2. Administrative problems of lower courts regarding assignment,
      detail and transfer of court personnel;

    3. Applications for leave of absence of judges and court
      personnel in accordance with policies laid down by the Court;

    4. Applications for compulsory retirement of judges and court
      personnel;

    5. Confirmation or approval of designations of court personnel
      as Officers-in-Charge of the offices of the Clerk of Court and Branch Clerk of
      Court;

    6. Financial matters such as (a) Claims for counsel de
      oficio
      fees, (b) Travel expense vouchers of judges and employees of the
      lower courts, (c) Payrolls of judges and personnel of the lower courts, and (d)
      Bugetary proposals;

    7. Amendments, modifications or revocation of designations
      extended by Executive Judges to Acting Municipal Trial Court Judges in the
      exercise of their power under Administrative Order No. 6, Series of
      1975;

    8. Designation of non-court employees possessing special skills
      or qualification such as interpreters for deaf and dumb or witnesses who speak
      only foreign languages;

    9. Withholding, suspension and release of salaries of judges,
      clerks of court or branch clerks of court or personnel in charge who fail to
      submit their respective monthly reports.

    10. Periodic investigation and audit of the conditions of lower
      courts and their dockets;

    11. Requests of judges and court personnel for permission to
      travel abroad;

    12. Request of judges and court personnel for authority to travel
      outside of their stations (within the country) or to attend local seminars on
      official time, and to issue the corresponding certificates of
      appearance;

    13. Circulation of pertinent decrease, letters of instruction,
      proclamations or circulars of the Office of the President and/or of the Court or
      the Chief Justice;

    14. Providing technical support and assistance in personnel
      training, seminars, dialogues and other development programs for judges and
      court personnel approved by the Court;

    15. Reported destruction of records of cases, properties and
      equipment of all lower courts;

    16. Providing technical support and assistance in personnel
      training, seminars, dialogue and other development programs for judges and court
      personnel approved by the Court;

    17. Reported destruction of records of cases, properties and
      equipment of all lower courts;

    18. Payment of per diems and transportation expenses of detailed
      judges and court personnel under the existing policies of the
      Court;

    19. Action on other matters that the Court or the Chief Justice
      may assign relative of lower courts;

    20. Supervision of the personnel in the Office of the Court
      Administrator.

    D. Liason with Executive and Legislative Departments

    The Office of the Court Administrator shall be responsible for
    all liason and coordination activities with the Legislative and Executive
    departments as well as with local government officials and the military, subject
    to the following guidelines:

    1. The independence of the Judiciary shall in no way be compromised by any
      statement of policies from the Office of the Court Administor;

    2. Where action by the Office of the Court Administrator is requested by the
      Legislative or Executive department on matters not covered by existing policies,
      guidelines, or circulars of the Court, it shall be cleared with the Chief
      Justice, including matters which pertain to internal court operations and those
      deemed to be confidential; and

    3. The Office of the Court Administrator shall be act on any matter involving
      financial transactions or expenditures, although it may submit its recommendation
      to the Chief Justice.”

    September 30, 1991

       
    (SGD.) JOSUE N. BELLOSILLO
       
    Court Administrator