PROVIDING THE GUIDELINES FOR THE OPERATION OF MOBILE COURTS UNDER THE JUSTICE ON WHEELS PROJECT

WHEREAS, in the Resolution of June 8, 2004 in A.M. No. 04-6-02- SC, the Supreme Court en banc launched the Justice on Wheels Project
patterned after the World Bank-sponsored project in Guatemala of
deploymg mobile courts to strengthen the policy on access to justice,
and created the Ad Hoc Committee on Justice on Wheels Project for the purpose;

WHEREAS, the first Justice on Wheels mobile
court was deployed on December 20, 2004 as venue for proceedings of
cases falling under the jurisdiction of Family Courts in the National
Capital Judicial Region (NCJR) for a pilot of one (1) year from said
date; and

WHEREAS, by reason of the successful initial implementation of the Justice on Wheels Project, the Court has decided to add two more buses for use as mobile courts for deployment in other parts of the country;

NOW, THEREFORE, upon the recommendation of the Ad Hoc Committee on Justice on Wheels Project, the following guidelines for the operation of the mobile courts under the Justice on Wheels Project are hereby prescribed:

I. Guiding Principles

A. The Justice on Wheels Project has
been instituted to address and implement the constitutional mandates on
the right of free access to justice by all citizens and their right to
speedy disposition of cases.

B. The mobile court, as an extension of the
regular court or as additional courtroom, shall take cognizance of cases
within the jurisdiction and competence of first level court in the area
of its deployment.

C. The Rules of Court, issuances of the Supreme Court on the
improvement of access to justice and the speedy disposition of cases,
including those on the protection of women and children and on
court-annexed mediation and such rules of procedure for the mobile
courts, as the Court may adopt, shall be applied by the mobile court.

D. A mobile court shall be presided by a first
level court judge in the area where it is assigned or by an assisting
judge both designated by the proper Executive Judge for the purpose.

E. The mobile court shall take cognizance only of
cases within the jurisdiction of the regular first level court in the
said area, either by accepting new cases or by continuing and
terminating proceedings already commenced

II. The Mobile Court Management and Operation Structure

A. The Court Administrator shall recommend to the Ad Hoc Committee
on Justice on Wheels Project the deployment of the mobile court based
on judicial audit reports and the recommendation of the Court Management
Office of the Office of the Court Administrator.

B. The Ad Hoc Committee, as the overall
policy-determining and management body for the operation of the mobile
courts, shall in turn recommend to the Chief Justice the deployment of a
mobile court to any particular area.

C. Upon approval by the Chief Justice of the
deployment of a mobile court, the Court Administrator shall direct the
Executive Judge in the Judicial Region of deployment to coordinate with
the local government unit and the Philippine National Police for the
purpose of forging a memorandum of agreement on the deployment of the
mobile court.

D. The Executive Judge shall be responsible for
the management of the mobile court in his or her jurisdictional area.
For that purpose, the Executive Judge shall:

(1) designate the first level court judge or
judges who shall serve in the mobile court or direct a judge to hold
office and perform official functions in the mobile court, provided that
the Executive Judge shall report such designation to the Court
Administrator;

(2) coordinate with the Department of Justice for the assignment of a prosecutor and public attorney in the mobile court; and

(3) evaluate the performance of the judge
assigned to the mobile court for the purpose of submitting a monthly
report thereon to the Office of the Court Administrator.

E. The designated Assisting Judge or the Presiding
Judge assigned to the mobile court shall perform his or her functions
in accordance with the provisions of the Rules of Court and pertinent
issuances of the Supreme Court, including the issuance of provisional
orders such as protection orders and the referral of cases to
court-annexed mediation, if warranted by such circumstances as the
presence of a Philippine Mediation Center Unit within his or her
jurisdictional area.

F. A clerk of court, a docket clerk, a process
server, and a stenographer shall assist the designated Assisting Judge
or the Presiding Judge assigned to the mobile court in the performance
of judicial work. They shall perform their usual regular functions
provided that they shall each submit, on the first day of the month
following their assignment to the mobile court, a report to the
Executive Judge on cases filed, taken up, or resolved.

G. The driver of the mobile court vehicle and the
security guard detailed to the mobile court shall undergo training for
the purpose under the Office of Administrative Services. They shall
perform such other official tasks as the judge or the clerk of court may
assign to them.

III. Initial Areas of Operation Outside of NCJR

A. The mobile courts shall be deployed initially
in localities in the Visayas and Mindanao where the first level court
are vacant.

1. The mobile court for the Visayas shall be assigned to the province of Bohol to serve the following municipalities:

3rd MCTC – Inabanga-Buenavista
4thMCTC – Talibon-Jetafe
5th MCTC – Trinidad-San Miguel-Bien Unido
6th MCTC – Ubay-Pres. C.P. Garcia
7th MCTC – Alicia-Mabini
8th MCTC – Candijay-Anda
9th MCTC – Guindulman-Duero
13th MCTC – Loay-Albuquerque-Baclayon
15th MCTC – Bilar-Sevilla
16th MCTC – Carmen-Batuan
17th MCTC – Sierra Bullones-Pilar
20th MCTC – Catigbian-Sagbayan- San Isidro

2. The mobile court for Mindanao shall be assigned to any of the following provinces to serve the following municipalities:

Agusan del Sur
MTC – Prosperidad
1st MCTC – San Francisco-Bunawan-Rosario
2nd MCTC – Trento-Sta. Josefa-Veruela
3rd MCTC – Loreto-La Paz
4th MCTC – Esperanza-San Luis-Talacogon

Surigao del Sur
1st MCTC – Cantilan-Carrascal
3rd MCTC – Tago-San Miguel
5th MCTC – Marihatag-San Agustin
7th MCTC – Hinatuan-Tagbina; or

Lanao del Norte
MTC – Sultan Naga Dimaporo
MTC – Kapatagan
1st MCTC – Baloi-Pantar-Pantao Ra
4th MCTC – Maigo-Bacolod-Munai
8th MCTC – Sapad-Nunungan

IV. Administrative Matters

A. The mobile court shall have an official seal, which shall be prepared by the Ad Hoc Committee and approved by the Supreme Court en banc. The Presiding Judge of the mobile court may also display the seal of his court.

B. The Court Administrator shall prescribe
guidelines in a circular on the registration, maintenance, and other
matters pertaining to the vehicles used as mobile courts, and on office
supplies and materials need for the operation of the mobile courts. He
or she shall sign the memorandum receipts for the same vehicles.

C. All judges and personnel involved in the
management and operation of the mobile courts shall receive allowances
as prescribed by law and issuances of the Court.

This Administrative Circular shall take effect upon its ratification by the Court en bane.

Issued this 5th day of September 2006.