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

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

OCA Circulars August 23, 2007
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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 1st and 3rd 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
3rd 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:

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

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

  3. 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;

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

  5. Ensure the successful implementation of mediation;
  6. 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;

  7. Conduct weekly inspection of the mobile court bus;
  8. 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;

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

  10. Attend meetings called by the Ad Hoc Committee or TWG-CAMOW;
  11. 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.