SC CIRCULAR NO. 11-99, February 23, 1999

CIRCULAR NO. 11-99

For the information and guidance of all concerned, quoted
hereunder is the resolution of the Court En Bane dated February 9, 1999 in A.M.
No. 99-1-13-SC – Re: Transfer to Regional Trial Courts of cases falling within
the jurisdiction of the family courts from the Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit
Trial Courts.

“WHEREAS, Section 32 of the Judiciary Reorganization Act of
1980, as amended by Republic Act No. 7691, provides, on the one hand, that the
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial Courts shall exercise exclusive original
jurisdiction over, among others, ‘all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine, and regardless of
other imposable accessory or other penalties, including the civil liability
arising from such offenses or predicated thereon, irrespective of kind, nature,
value or amount thereof xxx.’

WHEREAS, on the other hand, Section 5 of Republic Act No. 8369,
otherwise known as the Family Courts Act of 1997, provides that the Family
Courts shall have original jurisdiction to hear and decide the following cases,
regardless of the penalty imposable by law:

‘a) Criminal cases where one or more of the accused is below
eighteen (18) years of age but not less than nine (9) years of age, or one or
more of the victims is a minor at the time of the commission of the offense,
xxx

h) Cases against minors cognizable under the Dangerous Drugs
Act, as amended; [and]

i) Violations of Republic Act No. 7610, otherwise known as the
‘Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act,’ as amended by Republic Act No. 7658.’

WHEREAS, pending the constitution and organization of the
Family Courts and the designation of branches of the Regional Trial Courts as
Family Courts in accordance with Section 17 (Transitory Provisions) of R.A. No.
8369, there is need to provide guidelines in the hearing and determination of
criminal cases falling within the jurisdiction of Family Courts which have
heretofore been filed with first level courts.

NOW, THEREFORE, the Court
has RESOLVED, as it hereby resolves, that all criminal cases within the
jurisdiction of the Family Courts filed with the first level courts shall be
transferred to the Regional Trial Courts which shall take cognizance thereof as
follows:

Section 1. Inventory of cases. – All judges of
Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial
Courts and Municipal Circuit Trial Courts shall cause (1) the taking of an
inventory within ten (10) days from receipt of a copy of this issuance of all
criminal cases falling within the jurisdiction of the Family Courts filed with
their respective courts; and (2) the preparation of the appropriate inventory
list. The list shall indicate the case number and the status of each case –
whether for pre-trial, trial or submitted for decision. A copy of the list shall
be submitted to the Court Management Office (Attention: The Chief, Statistical
Reports Division) of the Office of the Court Administrator.

Sec. 2. Transfer of cases in provinces or cities with only
a single.sala Regional Trial Court. — Where the Regional Trial Court of
the province or city has a single sala, judges of the Municipal Trial Courts in
Cities, Municipal Trial Courts and Municipal Circuit Trial Courts within the
administrative area of the said Regional Trial Court shall forward the listed
cases, together with the corresponding records, to the Regional Trial Court
within five (5) days from the completion of the inventory, except the cases
which have already been submitted for decision as of the effectivity of this
Resolution.

Sec. 3. Transfer of cases in provinces or cities with
multiple sala Regional Trial Court. –Where the Regional Trial Court of the
province or city has two (2) or more branches, judges of the Metropolitan Trial
Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal
Circuit Trial Courts within the administrative area of the said Regional Trial
Court shall submit the listed cases, together with the corresponding records,
except the cases which have already been submitted for decision^ as of the
effectivity of this Resolution, to the Executive Judge of the Regional Trial
Court. The said Executive Judge shall then effect the distribution of the listed
cases to the branch or branches of the Regional Trial Court designated to handle
juvenile and domestic relations cases and cases involving youthful
offenders.

(a) In case only one (1) branch of the Regional Trial Court has
been designated- to handle juvenile and domestic relations cases and cases
involving youthful offenders, the Executive Judge shall cause the transfer of
the listed cases to the Regional Trial Court branch so designated immediately
after receipt of the records.

(b) In case two (2) or more branches of the Regional Trial
Court have been designated to handle the aforementioned cases, the Executive
Judge shall, within ten (10) days from receipt of the records, conduct the
raffle, with notice to the parties, and distribute the cases, together with the
records to the Regional Trial Court branches involved.

(c) In provinces or cities with multiple-sala Regional Trial
Court but no branch or branches thereof have been designated to handle juvenile
and domestic relations cases or cases involving youthful offenders, the
Executive Judge shall conduct the appropriate raffle and distribute the said
cases, together with the records, to the branches of the Regional Trial Court
within ten (10) days from receipt of such records.

Sec. 4. Resolution of and decision on cases already
submitted for decision. – Cases which have already been submitted for
decision before the effectivity of this Resolution in Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit
Trial Courts in which they have been filed and heard shall be resolved by such
courts, as the case may be.

Sec. 5. Publication and effectivity. – This Resolution
shall take effect on 1 March 1999 and shall be published in two (2) newspapers
of general circulation in the Philippines before 15 February 1999.

Promulgated this 9^th day of February,
1999.”

February 23, 1999.