SC CIRCULAR NO. 20, August 07, 1987

SC CIRCULAR NO. 20, August 07, 1987

Circulars August 7, 1987
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ADMINISTRATIVE SUPERVISION OF COURTS

TO :
COURT OF APPEALS,
SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS, METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES MUNICIPAL TRIAL COURTS,
MUNICIPAL CIRCUIT TRIAL COURTS, SHARI’A DISTRICT COURTS AND SHARI’A
CIRCUIT COURTS
 
SUBJECT:
Designation of certain Branches of the Regional Trial Courts to handle exclusively certain criminal Cases

The trial judge has the primary responsibility to minimize delay
and to dispense swift justice. This is specially true in criminal cases
involving serious offenses where a strong and adequate response from the
courts by way of speedy trial and judgment can serve to deter criminal
elements.

The Circuit Criminal Courts which were set up on September 8, 1967
under Republic Act No. 5179 served this purpose. Accordingly, under the
authority of Section 23 of Batas Pambansa Blg. 129, certain branches of
the Regional Trial Court of the National Capital Judicial Region and of
such other regions where the need therefor may arise shall be designated
as SPECIAL CRIMINAL COURTS to try exclusively the following criminal
cases:

  1. Violations of Presidential Decree No. 1866, codifying the laws
    on illegal/unlawful possession, manufacture, dealing in, acquisition or
    disposition of, firearms, ammunitions, explosives or instruments used
    in the manufacture of firearms, ammunitions or explosives;

  2. Violations of Executive Order No. 276 known as the
    “Anti-Subversion Act”, where the imposable penalty for the offense
    charged is prision correccional or higher;

  3. Crimes against public order (e.g. rebellion, sedition; etc.), defined in the Revised Penal Code, as amended;
  4. Violations of the Dangerous Drugs Act of 1972, as amended, cognizable by Regional Trial Courts under Batas Pambansa Blg. 129;
  5. Violations of the Anti-Carnapping Act of 1972; and
  6. All other offenses defined in the Revised Penal Code or Special Laws where the imposable penaltv is reclusion perpetua
    or life imprisonment or higher, whether simple or complex, and other
    offenses which, although not so punished, arose out of the same
    occurrence or were committed by the accused on the same occasion as that
    which is punishable by reclusion perpetua or higher, whether the
    accused, are charged as principal, accomplice or accessory; Provided,
    however, that where the offense charged is a complex crime and only the
    lesser offense which is punishable by a penalty less than reclusion
    perpetua
    is proved, the Court shall not dismiss the same and impose the
    corresponding penalty.

Special rules shall govern the trial and disposition of cases. These rules are as follows:

  1. The trial of these cases shall continue from day to day as far
    as practicable until terminated, and judgment thereon shall be rendered
    within thirty (30) days from the time the case is submitted for
    decision, unless a shorter period is otherwise provided by law, such as
    the fifteen-day period provided in the Dangerous Drugs Act. The
    filing of the memoranda after trial shall not required or allowed.

  2. Upon issuance of the designations, the SPECIAL CRIMINAL COURTS
    so designated shall not be assigned cases other than the criminal cases
    herein above enumerated and all other cases pending in these branches,
    whether civil or criminal, shall be redistributed by raffle to other
    branches by the Executive Judge, except those already submitted for
    decision and those criminal cases covered by this Circular which are already
    pending trial in said branches.

  3. All the criminal cases covered by this Circular wherein trial
    has already commenced shall remain in their respective branches where
    they were originally assigned. In appropriate cases, however, when the interests
    of justice so require, the case may be transferred to the SPECIAL CRIMINAL
    COURTS after study and favorable recommendation by the Executive Judge.

  4. Whenever necessary to carry out the objectives of this
    Circular, the Court may assign any other Regional Trial Court Judge to
    another judicial region to assist.in the trial and disposition of any of
    the above enumerated criminal cases.

  5. Where no specified branch is designated as a SPECIAL CRIMINAL
    COURT, the above enumerated cases shall be raffled among the branches of
    the same station which shall try and decide the same, subject to Rule
    No. 1 hereof.

This Circular shall take effect immediately.

August 7, 1987.

 

(Sgd.) CLAUDIO TEEHANKEE

 
Chief Justice