SC CIRCULAR NO. 43-99, July 07, 1999
SC CIRCULAR NO. 43-99, July 07, 1999
7 July 1999
| TO: |
All Judges of the Regional Trial Courts, the Metropolitan
Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts and the Municipal Circuit Trial Courts |
| SUBJECT |
Guidelines in the Implementation of Resolution No. 99-1-04-SC
dated 2 February 1999 of the Supreme Court En Banc |
These guidelines are issued in implementation of the provisions
of Resolution No. 99-1-04-SC dated 2 February 1999 of the Supreme Court En Bane
granting incentives to judges who are given additional duty of hearing and
deciding cases of other branches of their court or of other courts of the same
level.
- The provisions of Resolution No. 99-1-04-SC shall apply to the following as
indicated herein:
A. Judges of the Regional Trial Courts:
(1) A judge who has been officially designated as Acting Presiding
Judge by the Supreme Court to handle the cases of an additional or another
court/sala;(2) A pairing judge (under the pairing system for multiple sala
stations pursuant to the provisions of Circular No. 7 dated 23 September 1974 as
amended by Circular No. 19-98 dated 18 February 1998) who takes cognizance of
the cases of his paired sala; and(3) An assisting judge officially designated to assist the
presiding judge/acting presiding judge of an another
court/sala.B. Judges of the Metropolitan Trial Courts, the Municipal Trial
Courts in Cities, the Municipal Trial Courts and the Municipal Circuit Trial
Courts:(1) A judge who has been officially designated as Acting Presiding
Judge by the Executive Judge of the Regional Trial Court to handle the cases in
other courts/salas; and(2) An assisting judge officially designated to assist the
presiding judge/acting presiding judge of an another
sala.
- The following rules shall be observed:
A. Judges of the Regional Trial Courts –
(1) A judge of the Regional Trial Court officially designated
as Acting Presiding Judge by the Supreme Court to handle cases in an additional
or another sala shall hold trial or conduct proceedings at least twice a week in
his official station. Should this schedule be not feasible or practicable
because the judge is designated to handle cases in four or more courts/salas,
the judge involved shall submit to the Court Administrator for his information
the schedule he intends to observe.(2) A judge of the Regional Trial Court who, upon his request
or initiative, is detailed to another court shall not be entitled to the
additional expense allowance and monthly hardship allowance for the particular
detail from the said official station.B. Judges of the Metropolitan Trial Court, Municipal Trial
Court in Cities, Municipal Trial Court and Municipal Circuit Trial Courts –(1) A judge of the Metropolitan Trial Court, Municipal Trial
Court in Cities, Municipal Trial Court and Municipal Circuit Trial Courts may be
designated as Acting Presiding Judge by the Executive Judge to handle cases in
an additional or other salas. In no instance shall such judge be designated to
handle cases in more than three (3) other salas. However, he may still be
assigned by the Supreme Court to handle additional cases in a fourth or fifth
sala, depending on his caseload in his station and other assigned courts.(2) The Executive Judge shall designate the judge presiding
over the court/sala nearest to the court/sala which requires the services of a
judge, unless there are justifiable reasons for designating a different judge
presiding over a court/sala distant from the needful court/sala involved. In the
latter instance, the Executive Judge shall submit to the Office of the Court
Administrator the justification and information on the caseload of the nearest
court/sala.(3) A judge of the Metropolitan Trial Court, Municipal Trial
Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court who,
upon his request or initiative, is detailed to another court shall not be
entitled to the additional expense allowance and monthly hardship
allowance.
- Pairing judges shall submit the following documents in support of claims for
the additional expense allowance and monthly hardship allowance:
A. Copies of the calendar of hearing and minutes certified by the Clerk of
Court or Branch Clerk of Court, as the case may be, of the court wherein the
claimant performed additional duties; andC. Voucher with the required signatures of the claimant and/or the officials
concerned.
- Non-pairing judges shall submit the following documents in support of claims
for the additional expense allowance and monthly hardship allowance:
A. Certified true copies each of (1) the designation of the claimant by the
Supreme Court; or (2) the official designation issued by the Executive
Judge;B. Copies of the calendar of hearing and minutes certified by the Clerk of
Court of Branch Clerk of Court, as the case may be, of the court wherein the
claimant performed additional duties; andC. Voucher with the required signatures of the claimant adn/or the officials
concerned.
- Assisting judges shall submit the following documents in support of claims
for the additional expense allowance and monthly hardship allowance:
A. Certified true copy of the designation of the claimant by the Supreme
Court;B. Copies of the calendar of hearing and minutes certifed by the Clerk of
Court of Branch Clerk of Court, as the case may be, of the court wherein the
claimant performed additional duties; andC. Voucher with the required signatures of the claimant and/or the official
concerned.
- The provisions of these guidelines shall take effect immediately.
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(SGD.) ALFREDO L. BENEPAYO
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Court Administrator
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NOTED:
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(SGD.) HILARIO G. DAVIDE, JR.
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Chief Justice
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