Professional Documents
Culture Documents
LECT Clerksofcourt (ADMINfunctions) Oct2021
LECT Clerksofcourt (ADMINfunctions) Oct2021
❑ Issued due to queries that were raised concerning the applicability of the
collection of the P500 mediation fee stated in OCA Circular No. 60-2006
dated 2 March 2006 to Estafa cases, when the said circular specifically
mentions B.P. 22 cases only
❑ Sec. 9, Rule 141 of the Rules of Court states that ”the clerks of court of
the RTCs and the First Level Courts shall collect the amount of P500 (1)
upon the filing of a Complaint or an Answer with a mediatable
permissive or compulsory counterclaim xxx in civil cases xxx; (2) upon
the filing of Complaint/Information for offenses covered by the
Katarungang Pambarangay Law, violation of B.P. Blg. 22, estafa and
libel cases where damages are sought xxx”
❑ It is clarified then that the directive to collect P500 mediation fee as
stated in OCA Circular No. 60-2006 dated 27 March 2006 likewise
applies to ESTAFA cases.
COLLECTION OF FEES – cont.
P1,000.00 SHERIFF ❑ The additional P1,000.00 deposit to defray the actual travel expenses of
TRUST FUND the sheriff, process server or other court authorized persons in the service of
summons, subpoena and other court processes shall be temporarily
deposited to the FF account for easy verification
DIRECTIVES TO THE ❑ There are directives for the COCs to follow, among others: Coordinate with the
CLERKS OF COURT LBP; Assess the appropriate legal fees; Send the order of payment; Print proof
of deposit; Verify the deposit; Issue the corresponding ORs; Withdraw the
collections; and, Release the original OR upon request of the payor
ACCOUNT OF PARTY/ ❑ The party/litigant shall only use his/her personal account or his/her counsel’s
LITIGANT account (third party account not allowed)
HIRING OF STAFF
approved 3 Satisfactory
2 Unsatisfactory
❑ Some basic elements: (1) goal
1 Poor
aligned; (2) outputs/outcomes
based; and, (3) team
approach to performance
management
PERFORMANCE RATING OF COURT PERSONNEL – cont.
POSITION MFO
Clerk of Court ❑ Adjudicative support functions
❑ Administrative support functions
NOTE: Judiciary’s goals, ❑ Preparation of reports
priorities, success indicators Court Legal ❑ Submit research materials
Researcher ❑ Prepare memorandum report with
and MAJOR FINAL legal citations
OUTPUTs (MFOs – basis Interpreter ❑ Translate testimonies
❑ Calendar cases
of performance rating) are ❑ Prepare Minutes of Court sessions
in accord with Civil Service Court Stenographer ❑ Transcribe stenographic notes
Commission standards. Sheriff ❑ Serves and/or implements writs
Each MFO is based on the and/or court processes
RATIONALE ❑ Issued for those who are infected with COVID-19, exhibit symptoms of
COVID-19, have been in close contact with a COVID-19 positive
FOR ISSUANCE individual, or by reason of travel, are required to undergo quarantine
and/or treatment for COVID-19
SOME ❑ For those infected with COVID-19 and tested positive
GUIDELINES FOR ➢ Localized transmission (due to work): Excused absence for the entire
ABSENCES FROM quarantine period until cleared
WORK ➢ Localized transmission (non-work): Excused absence (for 14 days
quarantine) and period of treatment charged to sick leave
❑ For those who came in close contact with a COVID-19 positive person
➢ Excused absence (for 14 days quarantine) from 1st day of symptoms
❑ For those required to undergo quarantine before returning to work or
required to undergo self-quarantine
➢ Apply for leave of absence (otherwise, charged to sick leave)
COVERAGE OF ❑ Appy to all judges, officials and employees of the first and second level
GUIDELINES courts, regardless of status of appointment (permanent, temporary,
provisional, substitute, coterminous, casual, contractual or fixed term)
EFFECTIVITY OF ❑ Effective retroactively on 16 March 2020
CIRCULAR
WEARING OF UNIFORMS AND IDs
❑ I.D. forms or cards are part of the official uniform/appropriate office attire
so these must be worn at all times while on official duty
PROPER USE OF SOCIAL MEDIA
❑ While there is no prohibition from engaging in social media, judges and court personnel do not thereby
shed off their status as members of the judiciary when doing so
❑ There is a higher standard of integrity, candor and fairness reposed on members of the judiciary
❑ As the visible personification of law and justice, judges and court employees have a higher
standard of conduct.
❑ Section 6, Canon 4 of the New Code of Judicial Conduct provides that in the exercise of their freedom
of expression, members of the judiciary “shall always conduct themselves in a manner as to preserve
the dignity of the judicial office and the impartiality and independence of the Judiciary”
❑ Judges and court personnel who participate in social media are ENJOINED TO BE
CAUTIOUS AND CIRCUMSPECT in POSTING PHOTOGRAPHS, LIKING POSTS AND
MAKING COMMENTS IN PUBLIC ON SOCIAL MEDIA NETWORKING SITES, for public
confidence in the judiciary (may be) eroded by their irresponsible or improper conduct.
PURCHASE OF LEASED I.T. EQUIPMENT
❑ The first submission of the CTMS quarterly report is due on or before the
10th day of April 2018 (succeeding quarterly reports are due on the 10th day
of July [April to June]; 10th day of October [July to September]; 10th day of
January [October to December]; and 10th day of April [January to March])
❑ Related expenses for the submission of the above EDITABLE or ELECTRONIC copies of the
required reports shall be charged to the representation allowance of the clerks of court and/or the
Extraordinary Miscellaneous Expenses (EME) allowance of the Presiding Judges/Executive Judges
❑ The editable or electronic copies of the financial monthly and quarterly reports must be in excel
format (if MS Office is used) or in calc format (if Open Office is used)
❑ Printed copies to be submitted to the Accounting Division, FMO and the Finance Division, PHILJA,
for the Mediation Funds
DISPOSAL OF CASE RECORDS*
RECORDS FOR DISPOSAL/DESTRUCTION PERTAIN TO
TERMINATED CASES
TERMINATED ❑ EXTRACT the following:
CASES THAT ARE ➢ Decision, final order or resolution, including those of
5 YEARS BUT the appellate courts, if any
LESS THAN 20 ➢ Entry of judgment, if there be any
YEARS IN AGE ➢ Complaint and Answer if it is a civil case
(Item 4) ➢ Information and proof of identity of the accused in
criminal cases
➢ Exhibits of the parties
➢ Portions of the records needed for the execution of
the judgment
TERMINATED ❑ EXTRACT the following:
CASES THAT ARE ➢ Final decision, order or resolution, including those of
20 YEARS AND the appellate courts, if any
ABOVE IN AGE ➢ Proof of identity of the accused in criminal cases
➢ Entry of judgment, if there be any
*A.M. No. 07-3-09-SC dated 16 Dec. 2015 (Re: Proposed Guidelines in the Disposition and/or Destruction of Court
Records, Papers and Exhibits (Re: Simplified Guidelines for Disposing of Records of Long-Decided Cases and Unneeded
Documents and Papers)
DISPOSAL OF CASE RECORDS
❑ All Justices/Judges are REMINDED of their duties to “perform their judicial duties without
favor, bias or prejudice” and to “carry out judicial duties with appropriate consideration for
all persons” without “differentiation on any irrelevant ground, immaterial to the proper
performance of such duties”
❑ Case law teaches that “(t)he inhibition must be for just and valid causes. The mere
imputation of bias or partiality is not enough grounds for a judge to inhibit, especially when
it is without any basis”
SUBMISSION OF COPIES OF TROs,
STATUS QUO ANTE ORDERS AND
WRITS OF PRELIMINARY INJUNCTION
❑ Admin. Order No. 63-2020 dated 18 February 2020
❑ Issued since the monthly reports do not reflect the qualitative details of the TROs and WPIs
❑ For a more effective monitoring of the issuance of TROs, Status Quo Ante Orders (SQAs)
and WPIs, all Justices/ Judges are REQUIRED to submit to the Office of the Chief Justice,
copy furnished the OCA, on or 6 March 2020, copies of all TROs, SQAs and WPIs they
issued from 2 Jan. 2019 until 28 Feb. 2020
❑ Thereafter, beginning 1 Mar. 2020, all Justices/Judges are REQUIRED to submit to the OCJ,
copy furnished the OCA, copies of all TROs, SQAs and WPIs they issued, within 5 days from
such issuance
❑ “Every court should remember that an injunction should not be granted lightly or precipitately
because it is a limitation upon the freedom of defendant’s action. It should be granted only
when the court is fully satisfied that the law permits it and the emergency demands it, for no
power exists whose exercise is more delicate, which requires greater caution and
deliberation, or is more dangerous in a doubtful case, that the issuance of an injunction.”
JAIL VISITATION AND
INSPECTION
SALIENT FEATURES
❑ ALL COURTS under General Community Quarantine
(GCQ) or Modified GCQ shall be PHYSICALLY OPEN with
a skeleton force of at least TWENTY FIVE PERCENT
A.C. No. 56-2021 (25%) to FIFTY PERCENT (50%)
(30 July 2021): ❑ JUDGES (in GCQ/MGCQ areas) may CONDUCT FULLY-
“Court operations on 2-20 REMOTE VIDEOCONFERENCERING HEARINGS, with
August 2021” notice to the OCA, regardless of their physical location
❑ COURTS and JUDICIAL OFFICES in areas under
Enhanced Community Quarantine (ECQ) or Modified
ECQ (MECQ) shall continue to be PHYSICALLY CLOSED
for the DURATION of such ECQ or MECQ
❑ COURTS (in ECQ or MECQ areas) shall continue to
operate during this period through FULLY-REMOTE
VIDEOCONFERENCING, which must be maximized so as
not to delay the trial of cases and court processes.
❑ Said courts may be reached through their respective
hotlines and email address
CURRENT POLICIES REGARDING
COURT OPERATIONS
GRANT OF MCLE EXEMPTIONS ❑ The following are granted Mandatory Continuing Legal
Education (MCLE) exemption under Rule 7, Sec. 3 of Bar
Matter No. 850
i. Bar examiners (2 compliance periods)
ii. Members of the OBC (1 compliance period)
iii. Other Bar personnel (1 compliance period)
REQUIRED SERVICE FOR BAR ❑ Bar personnel (such as volunteer lawyers) shall only be
PERSONNEL granted MCLE exemption for one (1) compliance period
after they have rendered actual services for four (4) Bar
Sundays*, and if they complied with the strict health
protocols and instructions from the Bar Chairperson.
*The 4 Bar Sundays are on 16 January 2022, 23 January 2022, 30 January 2022 and 6 Februar
MARAMING SALAMAT. DIOS
AGNGINA KADAKAYO AMIN.