OCA CIRCULAR NO. 80-2007, August 23, 2007
OCA CIRCULAR NO. 80-2007, August 23, 2007
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TO:
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ALL EXECUTIVE JUDGES, PRESIDING JUDGES AND CLERKS OF COURT OF |
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SUBJECT:
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‘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:
- 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.
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CHRISTOPHER O. LOCK
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Court Administrator
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NIMFA C. VILCHES
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Assistance Court Administrator
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& Vice-Chairperson
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Committee on Justice on Wheels
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[1] Please see attached Memorandum for
Cheif Justice dated 10 August 2007 (Annex “A”).
[2] Copy furnish the MCAM.