SC ADMINISTRATIVE CIRCULAR NO. 94 -2012, October 17, 2012
DIRECTING THE PARTICIPATION OF ALL JUDGES OF THE REGIONAL TRIAL COURTS AND FIRST LEVEL COURTS IN THE PROVINCE OF CAMIGUIN IN THE JUDICIAL DISPUTE RESOLUTION (JDR) INVENTORY PERI…
WHEREAS, the Court, in A.M. No. 08-2-5-SC-PHILJA and Administrative Order No. 33-2008, dated February 12, 2008, defined the organization, powers, and functions of the Philippine Mediation Center Office (PMCO) and Mediation Center Units;
WHEREAS, the Court, in A.M. No. 04-1-12-SC-PHILJA, dated January 20, 2004, approved the Revised Guidelines for the Implementation of an Enhanced Pre-Trial Proceeding under the Justice Reform Initiative Support (JURIS) Project, and further resolved to approve Resolution No. 06-22, dated September 4, 2007, and Resolution No. 07-14, dated September 20, 2007, on the Revised Guidelines Amending A.M. No. 04-1-12-SC-PHILJA;
WHEREAS, pursuant to the said issuances, PHILJA, under the JURIS Project, pilot-tested Judicial Dispute Resolution (JDR) from 2004 to 2007 and set-up model court sites for CAM and JDR Units in Pampanga, Negros Occidental, Benguet, Misamis Oriental, La Union, and Makati City;
WHEREAS, taking cognizance of the success of the JURIS Project in introducing JDR to complement and strengthen CAM, and in order to further encourage and explore all possibilities of amicable settlement of disputes during the pre-trial stage, through mediation, conciliation, and early neutral evaluation by judges, as a means to expedite the resolution of cases, help decongest court dockets, and broaden access to justice, it is deemed necessary to continue the implementation of JDR in other courts of the country;
WHEREAS, PHILJA, through the PMCO, trained the Judges in the Province of Camiguin on JDR resulting in the acquisition of new skills in connection with their roles as mediators, conciliators, and early neutral evaluators under the Rules of Court and other issuances of the Supreme Court;
WHEREAS, in order to put into practice the skills acquired by the Judges during the training and commence the roll-out of JDR in the Province of Camiguin, it is necessary that a designated period be allotted for them to go through a court-supervised internship program;
NOW, THEREFORE, the JDR Inventory Period from October 22 to November 2, 2012 and Internship Period from November 26-30, 2012 are hereby declared for all Judges of the Regional Trial Courts and First Level Courts in the Province of Camiguin.
In connection with the Internship Period only, the Judges in the above-mentioned Cities shall undertake the following:
The possibility of settlement should be present considering, among other factors, the age of the case, relationship of the parties, and other similar circumstances;
2. Conduct JDR on the selected cases that were unsuccessfully mediated. If efforts to settle any of the said cases through JDR fail, the unsettled case(s) shall be forwarded to the Office of the Clerk of Court for re-raffle;
3. Allow peer-to-peer advise-assistance from JDR practitioners at the option of the JDR judge concerned;
4. Enjoin their Branch Clerks of Court to see to it that orders and notices are promptly issued and served to the parties for them to appear on the dates their cases are scheduled for JDR;
1 Under the Consolidated and Revised Guidelines to Implement the Expanded Coverage of CAM and JDR (A.M. No. 11-1-6-SC-PHILJA, dated January 11, 2011), the following are mediatable cases:
Summary Procedure, including the civil liability for violation of B.P. 22, except
those which by law may not be compromised; “
2. Special proceedings for the settlement of estates;
3. All civil and criminal cases filed with a certificate to file action issued by the
Punong Barangay or the Pangkat ng Tagapagkasundo under the Revised
Katarungang Pambarangay Law
4. The civil aspect of Quasi-Offenses under Title 14 of the Revised Penal Code;
5. The civil aspect of less grave felonies punishable by correctional penalties not
exceeding 6 years imprisonment, where the offended party is a private person;
6. The civil aspect of estafa, theft and libel;
from the exclusive and original jurisdiction granted to the first level courts under
Section 33, par. fl) of the Judiciary Reorganization Act of 1980;
8. All cases of forcible entry and unlawful detainer brought on appeal from the
exclusive and original jurisdiction granted to the first level courts under Section
33, par. (2) of the Judiciary Reorganization Act of 1980;
9. All civil cases involving title to or possession of real property or an interest
therein brought on appeal from the exclusive and original jurisdiction granted to
the first level courts under Section 33, par.(3) of the Judiciary Reorganization Act
of ] 980;
10. All habeas corpus cases decided by the first level courts in the absence of the
Regional Trial Court judge, that are brought up on appeal from the special
jurisdiction granted to the first level courts under Section 35 of the Judiciary
Reorganization Act of 1980
5. Allow the JDR Staff of the PMC Unit Lo periodically coordinate with their Branch Clerks of Court with respect to the cases referred to JDR for the purpose of submitting a JDR Report to the PMCO; and,
6. All judges who have undergone orientation in JDR procedures and completed their training in mediation, conciliation and neutral evaluation, are authorized to conduct JDR proceedings for the settlement of disputes pending in their courts, after the parties failed to settle their disputes during Court Annexed Mediation at the Philippine Mediation
Center Units (PMCU); as mandated in the Consolidated and Revised Guidelines to Implement the Expanded Coverage of CAM and JDR.
The JDR proceedings are strictly confidential. No report shall be prepared regarding the proceedings unless settlement is reached, in which case, a compromise agreement shall be executed by the parties for approval and rendition of judgment conformably therewith.
The designated PMC Unit/JDR Staff shall report to the PMCO the list of cases that were (a) settled and (b) unsuccessfully settled through JDR proceedings, within forty-five (45) days from the last day of the JDR Internship Period.
Questions concerning this Administrative Order and the activities pertaining to the JDR Internship Period may be directed to Hon. Adolfo S. Azcuna, Chancellor, PHILJA at telephone number (02) 552-95-14, who is hereby authorized to propose such changes in this Administrative Order as may be called for by the query.
Issued this 17th day of October 2012.
|
(SGD.)MARIA LOURDES P.A. SERENO |