OCA CIRCULAR NO. 100-2006, July 19, 2006

OCA CIRCULAR NO. 100-2006, July 19, 2006

OCA Circulars July 19, 2006
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TO:
ALL JUDGES AND CLERKS OF COURT OF
THE REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS IN CITIES MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL
COURTS, SHARP A DISTRICT COURTS SHARI’ A CIRCUIT COURTS.
SUBJECT:
GUIDELINES ON THE REDUCTION OF BOND LIABILITY

In line with the policy of the Court to ensure the
efficient and effective collection of liabilities under surety bonds and
expedite the administration of justice, the Court sets forth hereunder
the following guidelines:

  1. REDUCTION OF BOND LIABILITY – Following an Orders of Forfeiture, the Court may reduce or otherwise mitigate the liability of the bondsmen, PROVIDED,
    the accused has been surrendered or is acquitted. Only in these two
    instances may Judges reduce or mitigate the liability of the bondsmen RULE 114, SEC 21)

  2. All Judges shall resolve all motions for reconsideration filed
    by the bondsmen from an Order of Forfeiture within thirty (30) days
    from the time it is submitted for resolution. (R ULE 3 7, SEC 4)

  3. An Order granting or denying a motion for reconsideration from
    an Order of Forfeiture must state clearly the reason for its grant or
    denial and specifying therein the facts and the law on which it is based.

  4. Corollarily, all Judges shall furnish the Office of the Court
    Administrator a copy of their Order of Forfeiture and the motions for
    reconsideration submitted by the parties.

Strict compliance is hereby enjoined.

__19__ July 2006.Untitled Document

 
CHRISTOPER O. LOCK
 
Court Administrator