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THE MANUAL FOR CLERKS OF COURT:

ADMINISTRATIVE FUNCTIONS INCLUDING


PERSONNEL SUPERVISION
Career Enhancement Program for Clerks of Court of the Regional Trial Court and
Lawyers of the First Level Courts
via Distance Learning
3 November 2021

HON. RAUL B. VILLANUEVA


Deputy Court Administrator-OCA Supreme Court
THE 2002 REVISED
MANUAL FOR
CLERKS OF COURT
CLASSIFICATION OF
CLERKS OF COURT
CLASSIFICATION OF CLERKS OF COURT
FIRST LEVEL COURT SECOND LEVEL COURT
Clerk of Court VI (MeTCs with Clerk of Court VII (OCC in a multiple
13-30 salas) sala court [more than 10 salas])

Clerk of Court V (MeTCs with Clerk of Court VI (OCC in a


7-12 salas) multiple and single sala court)
Clerk of Court IV (MeTCs with 1- Clerk of Court V (CoC/ACoC at
6 salas or MTCCs with 1-8 salas) the OCC)
Clerk of Court III (MeTC [CoC/ACoC
at OCC]/MTCC [CoC/ACoC at the OCC])

Clerk of Court II (MCTC [all


salas]/MTC [1-4 salas]/SCC [all salas])
A.M. 18-10-11-SC
(RE: Request to Upgrade the Salary Grade of the Position of Clerk of Court II in the Municipal Trial
Courts, Municipal Circuit Trial Courts and Shari’a Courts from Salary Grade [SG] 18 to SG 22)
10 April 2019
REQUEST ❑ Upgraded from SG 18 to SG 23 the SGs of the Branch Clerks of Court
GRANTED (CoCs) II in the MTCs, MCTCs, and SCCs to be at par with the SG of
Branch CoCs III in the MeTCs and MTCCs
❑ Included an upgrade of the SG for CoC I position from SG 15 to SG 22
RECLASSIFICATION OF ❑ CoC I: reclassified and upgraded to CoC II (not CoC III) with salary grade
POSITION from SG15 to SG22
❑ Qualifications Standards (QS): Educational requirement – Bachelor of Laws;
Experience requirement – 1 year of relevant experience; Training requirement
– 4 hours of relevant training; Eligibility – CS-P/2nd level
❑ CoC II: reclassified and upgraded to CoC III with salary grade from SG18
to SG 23
❑ QS: Educational requirement – Bachelor of Laws; Experience requirement – 2
years of relevant experience; Training requirement – 8 hours of relevant
training; Eligibility – CS-P/2nd
INCUMBENT CoCs I ❑ Appointed in permanent capacity to the upgraded/reclassified positions
and CoCs II without change in employment status, irrespective of whether or not they meet
the qualification requirements (QS) therefor in recognition of the incumbents’
vested right to the upgraded/reclassified position
GRANT OF ❑ The grant of the RATA to the CoCs of the first level courts was ordered
REPRESENTATION AND
TRANSPORTATION
revisited in A.M. No. 02-10-616-RTC
ALLOWANCE (RATA)
RESOLUTION dated 28 AUGUST 2019
in A.M. 18-10-11-SC
(RE: Request to Upgrade the Salary Grade of the Position of Clerk of Court II in the Municipal Trial Courts,
Municipal Circuit Trial Courts and Shari’a Courts from Salary Grade [SG] 18 to SG 22))

REQUEST OF ❑ Referred to the Special Committee to Review the Plantilla Positions


CoCs III and Salary Grades of Officials and Employees in the Judiciary, for
its consideration and appropriate action, the Letter dated 21 June 2019
of the CoCs III of the MeTC of Manila, requesting to reclassify the
position, salary grade and qualifications of CoCs III and IV in the NCJR
PROPOSED ❑ CoC III: reclassify and upgrade to CoC V with salary grade from SG22
RECLASSIFICATION OF
to SG25
POSITION
❑ Qualifications Standards (QS): Educational requirement – Bachelor of
Laws; Experience requirement – 5 years of relevant experience; Training
requirement – 14 hours of relevant training; Eligibility – RA 1080 (Bar)
❑ CoC III/IV: reclassify and upgrade to CoC VI with salary grade from
SG22/23 to SG26
❑ QS: Educational requirement – Bachelor of Laws; Experience
requirement – 6 years of relevant experience; Training requirement – 14
hours of relevant training; Eligibility – RA 1080 (Bar)
ACTION ON THE ❑ Deferred until such time that the Committee has given its
REQUEST recommendation
ADMINISTRATIVE
FUNCTIONS OF CLERKS
OF COURT – 2ND LEVEL
COURTS (RTCs/FCs)
❑ Administrative officer of the Court under the
supervision of the Executive Judge
❑ Controls and supervises his/her personnel, all
properties and supplies in the OCC
Clerk of Court ❑ Acts on applications for leave of absence and
signs DTRs of the staff, as well as the security
at the Office and janitorial service personnel
of the Clerk of ❑ Determines docket fees
❑ Assists in the raffle of cases to the branches and
Court (OCC) judicial notices/summons to accredited
of a multiple publishers

sala station ❑ Issues clearances in appropriate cases


❑ Acts as ex-officio notary public
❑ Acts as ex-officio sheriff
❑ Represents the Court in administrative dealings
with the LGU
❑ Performs and discharges such duties as may be
assigned by the Executive Judge
❑ Extension of the OCC clerk of court for administrative
purposes and performs some of the functions and duties
of the clerk of court but only within the branch, subject to
the supervision and control of the Presiding Judge
❑ Custodian of the court’s/branch’s properties and premises
❑ Attends hearings, takes charge of the administrative
aspects of its business, and chronicles its directions
Branch Clerk ❑ Keeps the following books: (1) General Docket [entries for
of Court in a cases, chronologically numbered, pleadings filed, and
every step taken in the case]; (2) Judgment Book; (3)
multiple sala Book of Entries of Judgements [all final judgments or
orders of the court]; and Execution Book)
court NOTE: Said books should separately cover civil, criminal and
special proceedings cases
(station) ❑ Keeps a daily record of the Court’s activities (Court
Journal) regarding the conduct of hearings, open court
orders issued, etc.
❑ Receives and keeps the necessary papers of a case in
their corresponding files
❑ Supervises the withdrawal of all records of cases to be
heard and the preparation of the notices of hearing,
calendar reports, minutes, monthly report of cases, index
of exhibits, etc.
❑ Sees to it that all returns of notices are attached to the
corresponding records and that all the pieces of
documentary evidence properly marked
❑ Signs summonses, subpoenas, and notices; remittances
of prisoners, certified true copies of decisions and others,
letters of administration, guardianship, transmittal of
Branch Clerk appealed cases, indorsements, and communications,
monthly report of cases
of Court in a ❑ Signs releases of prisoners, writs and other processes
upon order of the court
multiple sala ❑ Keeps tab of the attendance and whereabouts of
court personnel during office hours

(station) – ❑ Receives evidence, when so commissioned, such as in


petitions for appointment of administrators and/or
cont. executors, receivers, guardians, accounting reports and
similar incidents, without collecting fees
❑ Represents the Presiding Judge, when designated by the
latter, in ocular inspection and acts as hearing officer in
the taking of depositions
❑ Performs such other functions as may be delegated by
the Clerk of Court (OCC) and/or assigned by the
Presiding Judge
❑ Performs the functions of:
Clerk of ➢ a Clerk of Court (OCC) in a multiple sala
Court in a court; and
➢ Branch Clerk of Court in a multiple sala
single sala court
court ❑ Performs such other functions as may be
assigned by the Presiding Judge
ADMINISTRATIVE
FUNCTIONS OF CLERKS
OF COURT – 1ST LEVEL
COURTS (MeTCs/MTCCs/
MCTCs/MTCs/SCCs)
❑ Plans, directs, supervises and coordinates the activities
of all divisions/sections/units in the OCC
❑ Controls and manages all court records, exhibits,
documents, properties and supplies
❑ Acts on applications for leave of absence and signs daily
time records
Clerk of Court ❑ Determines docket fees to be paid by the parties-litigants
at the Office as provided in the Rules of Court (Rule 141-Legal Fees)
❑ Issues clearances in appropriate cases
of the Clerk of
❑ Provides information services to the public and private
Court (OCC) agencies including bar associations

of a multiple ❑ Prepares cases for raffle


❑ Safekeeps and maintains a judgment book and
sala station execution book
❑ Studies and recommends to the Executive Judge ways
and means to improve both adjudicative and
administrative support
❑ Performs special functions as ex-officio municipal sheriff
❑ Implements all orders and policies of the court in
connection with the speedy administration of justice
❑ Performs other duties that may be assigned to him/her
❑ Plans, directs, supervises, and coordinates the
activities of all personnel in a branch of a multiple
sala for effectiveness and efficiency
Branch Clerk ❑ Keeps tab of the attendance and whereabouts of
of Court in a court personnel during office hours
❑ Controls and manages all court records, exhibits,
multiple sala documents, properties, and supplies
court ❑ Administers oaths
(station) ❑ Issues certificates of appearances and clearances
❑ Drafts/prepares correspondence and indorsements
for signature of the Judge
❑ Performs other duties that may be assigned to
him/her
❑ Performs the functions of:
Clerk of ➢ a Clerk of Court (OCC) in a multiple sala
Court in a court; and
➢ a Clerk of Court in a single-sala cour
single sala
❑ Performs such other functions as may be
court assigned by the Presiding Judge
SOME RELEVANT
SC/OCA CIRCULARS ON
THE ADMINISTRATIVE
FUNCTIONS OF COURTS
OF CLERK
COLLECTION OF FEES

OCA CIRCULAR NO. 65-2017


(Clarification on the Collection of Mediation Fees pursuant to
OCA Circular No. 60-2006 dated 27 March 2006)
20 March 2017

❑ 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.

OCA Circular No. 36-2018


(Court Resolution dated 10 January 2018 [A.M. No. 17-12-09-SC]
on Administrative Adjustments on Legal Fees)
26 February 2018
COURT ADMINISTRATIVE ADJUSTMENT
SC, CA, SB, CTA ❑ Appeal fees should be collected in all actions and proceedings, civil and
and Lower Courts criminal and should be paid to the court that rendered the decision being
appealed
❑ Sheriff’s Trust Fund (STF) is not part of the filing fees (should be collected
even from those exempted from paying filing fees, as well as from government
agencies)
❑ For those with application for TROs/WPIs, an additional amount of P300
should be collected
❑ Manager’s checks/cashiers checks are acceptable forms of payment of
filing fees (separate checks shall be payable for each fund like the JDF and
SAJF)
❑ Personal or corporate checks may be accepted as payment of filing fees
(amount should not exceed P50,000)
❑ The use of Postal Money Orders (PMOs) as a form of payment of filing fees
shall not be acceptable for Lower Courts
Lower Courts ❑ STF collected for Estafa and BP 22 cases
❑ For provisional remedies, a motion fee of P250 will be collected in the 1st
level courts and P500 in the 2nd level courts
❑ In cases of compulsory confinement (involuntary submission for rehabilitation)
of a drug dependent, P300 per individual will be collected as docket fee
COLLECTION OF FEES – cont.

OCA CIRCULAR NO. 54-2018


(Collection of Filing Fees in Civil Actions Instituted with the Criminal Actions)
21 March 2018

❑ Issued as TRIAL COURTS FAILED to COLLECT FEES in CIVIL


ACTIONS for the RECOVERY of CIVIL LIABILITY INSTITUTED
with the CRIMINAL ACTIONS (pursuant to pars. 3, 4 and 5, Sec.
1, Rule 111)

❑ Directed Clerks of Court to COLLECT the APPROPRIATE


LEGAL FEES for the TOTAL SUM CLAIMED, EXCLUDING
ACTUAL DAMAGES (no filing fees required for actual damages
under Rule 111), for CASES filed in second and first level courts

❑ Unlike in BP 22 and ESTAFA CASES, the sheriff’s expense


(STF) of P1,000 shall NOT be COLLECTED
COLLECTION OF FEES – cont.

OCA Circular No. 18-2019


(Computation of Legal Fees in Small Claims Cases by Plaintiffs Engaged or Not Engaged in the
Business of Banking, Lending and Similar Activities in relation to Letter d(i) of A.M. No. 17-12-09-SC)
4 February 2019
SEC. 10, 2016 REVISED ❑ Based thereon, the FILING FEES paid in SMALL CLAIMS CASES depend on whether
the plaintiff is engaged in the BUSIENSS OF BANKING, LENDING AND SIMILAR
RULES OF PROCEDURE ACTIVITIES OR NOT.
FOR SMALL CLAIMS ❑ “If the plaintiff is engaged in the business of banking, lending and similar
CASES activities, the amount of filing and other legal fees shall be the same as those
applicable to cases filed under the regular rules.”
A.M. No. 17-12-09-SC (Re: ❑ Par. d(i) states that “(t)he computation of legal fees for small claims cases should be
Initial Recommendations on based on Section 8(a) and (d), Rule 141, as the case may be”
Administrative Adjustments
from the Judiciary-Wide
Committee on Legal Fees)
CLARIFICATION ON SEC. ❑ Sec. 8(a), Rule 141, shall APPLY in CASES where PLAINTIFFS are ENGAGED in the
BUSINESS OF BANKING, LENDING AND SIMILAR ACTIVITIES
8(a) and (d), Rule 141 ❑ Sec. 8(d), Rule 141, shall APPLY in CASES where PLAINTIFFS are NOT ENGAGED
in the BUSINESS OF BANKING, LENDING AND SIMILAR ACTIVITIES
❑ ADDITIONAL FEE in par. 1, Sec. 10, 2016 Revised Rules of Procedure for Small
Claims Cases (FREQUENT FILER FEE) APPLIES only in CASES where the
PLAINTIFFS are NOT ENGAGED IN THE BUSINESS OF BANKING, LENDING AND
SIMILAR ACTIVITIES
NOTE: The fee is higher for those NOT ENGAGED IN THE BUSINESS OF BANKING,
LENDING AND SIMILAR ACTIVITIES since P500 is paid for every claim filed after
the 5th claim, then P600 for every claim filed after the 10th claim and so on
(progressively and cumulatively)
COLLECTION OF FEES – cont.

OCA Circular No. 149-2019


Discontinuance of Collection of Mediation Fees in Small Claims Cases
30 August 2019
RATIONALE ❑ Issued pursuant to the 9 July 2019 Resolution of the
FOR ISSUANCE Court En Banc (Re: Payment of Mediation Fees in
Small Claims Cases), upon recommendation of
Associate Justice Diosdado M. Peralta
NO MEDIATION ❑ Payment of mediation fees in small claims cases
FEES FOR shall NO LONGER BE REQUIRED effective 2
SMALL CLAIMS September 2019
CASES
PRIOR ❑ Any prior circular from the OCA on the matter which
CIRCULAR is contrary to the foregoing is hereby superseded
FROM OCA
COLLECTION OF FEES – cont.

OCA Circular No. 164-2020


(Manner of Payment and Disposition of Legal Fes and Other
Collections in the Lower Courts Amidst the COVID-19 Pandemic)
7 October 2020
RATIONALE FOR ❑ In consonance with the provisions of Adm. Cir. No. 41-2020 on electronic filing
ISSUANCE of petitions and pleadings, etc.
DEPOSIT/PAYMENT ❑ The FEES and/or OTHER COLLECTIONS may be DEPOSITED/PAID in ANY
THROUGH LANDBANK BRANCH of the Land Bank of the Philippines or through BANK/ONLINE
BRANCH OR TRANSFER by the PAYING PARTIES upon receipt of an ORDER of
BANK/ONLINE PAYMENT to the provided Fiduciary Fund (FF) account, whether under the
TRANSFER Direct Bank Payment system or not

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

❑ OCA Circular No. 44-2013 dated 18 March


2013 (Amendment of OCA Circular No. 74-
NOTE1: At present, the Selection
and Promotion Board (SPB)
2010 dated 21 May 2010) [Guidelines in the
processes the selection and Submission of Applications for Appointment in
appointment of court staff. the Lower Courts]
However, Administrative Circular
No. 150-2018 dated 13 December ❑ Notice of vacancy posted for at least ten (10)
2018 was issued “Revising the calendar days
Merit Selection and Promotion
Plan for the Lower Courts and ❑ Applicants to submit the requirements within
Renaming the Selection and one (1) month from expiration of the ten (10)
Promotion Board for Lower Courts day period for posting of the said notice
(SPB-LC) to Human Resource Merit
Promotion and Selection Board for
❑ EJ or Presiding Judge to indorse applications
Lower Courts (HRMPSB-LC)” and
this was submitted to the CSC for
to the OAS-OCA within ten (10) days after the
approval. lapse of one (1) month from the expiration of
NOTE2: For newly-created courts (such as the ten-day period of posting
FCs or RTCs/MeTCs/MTCCs) no need to
ask for authority to fill vacant positions ❑ EJ or PJ to require applicants to undergo
exams and be interviewed
HIRING OF STAFF – cont.

OCA Circular No. 42-2019


(2nd Reiteration of Adm. Circ. No. 28-2008 dated 11 March 2008 [Re: GUIDELINES IN
THE DETAIL OF LOCALLY-FUNDED EMPLOYEES TO THE LOWER COURTS])
13 March 2019
PERMISSION OF SC, ❑ No detail of locally-funded employees to the lower courts shall be allowed without first
THROUGH THE OCA, obtaining permission from the SC through the OCA (par. 1)
REQUIRED BEFORE ❑ REQUEST shall be made by the PJ (for court branch) or EJ (for OCC) and submitted
DETAIL OF LOCALLY- to the OCA containing the following: (1) court caseload; (2) reason or necessity for the
FUNDED EMPLOYEE detail; (3) NAME, POSITION TITLE and DUTIES to be assigned; and (4) duration of
the detail (par. 2)
LOCALLY-FUNDED ❑ CLERICAL WORKS involve, among others, the following: (1) receiving letters and
EMPLOYEE LIMITED other communications; (2) typing of addresses in envelopes for mailing, certificates of
TO CLERICAL WORKS appearance and monthly reports; and (3) functions pertaining to that of a messenger,
janitor and driver.
❑ No duties to be given for the following: (1) custody of court records; (2) implementation
of judicial processes; and (3) duties involving court proceedings (par. 4)
DURATION OF ❑ Detail allowed for a MAXIMUM PERIOD OF ONE (1) YEAR, subject to extension
DETAIL provided it is with the consent of the detailed employee
❑ Request for renewal or extension shall be submitted to the SC through the OCA
fifteen (15) days before the expiration of the original/previous period of detail
PENALTY FOR NON- ❑ Non-compliance and/or violation of this circular by the judge, court personnel or
COMPLIANCE locally-funded employee shall be a ground for disciplinary action
PERFORMANCE RATING
OF COURT PERSONNEL

❑ A.M. No. 15-12-05-SC dated


16 December 2016 (RE:
Guidelines for the NUMERICAL ADJECTIVE
Implementation of a Strategic RATING RATING
Performance Management 5 Outstanding
System (SPMS) in the
Judiciary, which the Court 4 Very Satisfactory

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

dimensions of performance Clerk ❑ Enter in docket books all cases


filed and updates docket books
or accomplishments, ❑ Maintain books
❑ Verify in docket books all
namely: quality, efficiency, applications for clearances, prepare
and timeliness. public reports on status of cases

Process Server ❑ Serve court processes


❑ Submit returns of service of court
summonses/processes
Utility Worker ❑ Stitch court records
PERFORMANCE RATING OF COURT PERSONNEL – cont.

❑The approved OFFICE PERFORMANCE


COMMITMENT AND REVIEW (OPCR) Form shall serve
as basis for individual performance targets and measures
to be prepared in the IPCR

❑Individual employee’s performance standards shall not


be lower than the agency’s (court’s) standards in its
approved OPCR.

❑The non-submission of the OPCR Form to the


Performance Management Team (PMT) and the
INDIVIDUAL PERFORMANCE COMMITMENT AND
REVIEW FORM (IPCR) Form to the OAS shall be ground
for imposition of sanctions.
PERFORMANCE RATING OF COURT PERSONNEL – cont.

OCA Circular No. 128-2020


(Online Filing and Submission of the IPCR Forms, OPCR Forms, Revised SALN Form for
Year 2019, and Certificate of Service [CS], Daily Time Record [DTR]/Bundy Cards)
12 August 2020
RATIONALE ❑ Due to the present state of public health emergency
FOR brought about by the COVID-19, the online
ISSUANCE transmission in portable document format (PDF) of
the following documents shall be allowed:
➢ IPCR (Individual Performance Commitment and
Review) Form – due on 31 Aug. 2020 (for 1st Sem of
2020)
➢ OPCR (Office Performance Commitment and
Review) Forms
➢ Revised SALN (Statement of Assets, Liabilities and
Net Worth) – due on 31 Aug. 2020
➢ CS/DTR (Certificate of Service/Daily Time Record)
DAILY TIME RECORDS/
BUNDY CARD

❑OCA Circular No. 07-2013 dated


16 June 2013 (Timely Submission of
Certificates of Service of Judges and
NOTE: For judges, their
Daily Time Records (DTRs)/Bundy
attendance and rendition of Cards of Personnel of the Lower Courts)
service is recorded through
the accomplishment of ❑DTRs/Bundy Cards shall be certified
Certificates of Service correct by the concerned employee and
verified by the EJ or the PJ (for those in
court branches) or the Clerk of Court, as
delegated by the EJ/PJ in writing

❑If there are entries in the DTRs/Bundy


Cards after comparing with entries in the
logbook, the subject DTRs/Bundy Cards
shall still be signed with a notation “with
reservation”
OVERTIME SERVICE

OCA CIRCULAR NO. 206-2018


(Guidelines on the Rendition of Compensatory Overtime Services in the First
and Second Level Courts in the Conduct of Continuous Trial in Accordance with
the SC En Banc Resolution dated 5 June 2018 [Re: Adopting the Guidelines for
Continuous Trial of Criminal Cases in Pilot Courts)
21 September 2018
General Rule ❑ Remuneration for overtime services shall be through Compensatory Time-off (CTO) and
overtime pay may be authorized only in exceptional cases when the application of CTO for
all overtime hours would adversely affect the operations of the agency
Coverage ❑ Apply to employees of the first and second level courts with Salary Grade not higher
than SG-25, whether permanent, temporary, co-terminus or casual. Those hired through a
“Contract of Service” are expressly excluded from the coverage of these guidelines
❑ Contractual Court Stenographers shall also be properly compensated for the
authorized overtime services by way of an expense allowance at a fixed hourly rate
Request for Authority ❑ All requests for compensatory overtime service shall be made by the Presiding Judge and
to Render must be submitted to and approved by the Executive Judge before actual service of
overtime is rendered
Compensatory
❑ For single-sala court, the request shall be submitted to the Deputy Court Administrator
Overtime Services who has supervision over the area, 30 days before the actual service of overtime, for the
approval thereof
Who shall be allowed to ❑ Branch clerk of court or legal researcher; court stenographer (including contractual
render compensatory stenographers); court interpreter; clerk-in-charge of criminal cases; process server or
overtime services utility worker
TARDINESS ❑ CSC Memorandum Circular No. 01 dated 31
January 2017 (Reiteration of the Policy on
Government Office Hours; and the Administrative
Offenses of Frequent Unauthorized Absences
NOTE: In Circular No. 1-91 dated [Habitual Absenteeism]; Tardiness in Reporting for
14 Feb. 1991, an officer or Duty; and Loafing from duty during Regular Office
Hours)
employee is considered habitually
tardy if he/she incurs tardiness, ❑ Under Section 46 (F), RRACCS, Frequent
regardless of the number of Unauthorized Tardiness (Habitual Tardiness) is a
minutes, ten (10) times a month light offense punishable by reprimand for the first
offense, suspension of one (1) to thirty (30) days for
for at least two (2) months in a the second offense and dismissal from the service
semester or at least two (2) for the third offense.
consecutive months during the
❑ Under the 2017 Rules on Administrative Cases in
year the Civil Service, promulgated on 3 July 2017,
habitual tardiness is now classified as either a
NOTE1: Admonition is not considered an grave or light offense. It is considered a grave
administrative penalty (MC No. 02, s. 1998 offense under Rule 10, Sec. 50(B) if the
dated 22 Jan. 1998 of the CSC) tardiness prejudiced the operations of the
office. On the other hand, it remains a light offense
NOTE2: Merely being admonished and
warned are not penalties (A.M. No. 2007-22-
under Rule 10, Sec. 50(F) if the case involves plain
SC, Re: Anonymous complaint against habitual tardiness.
Hermogena Bayani for Dishonesty)
ABSENCES

❑2017 Rules on Administrative Cases in the


Civil Service (2017 RACCS)

❑Officers and employees who are absent


without official leave (AWOL), have
NOTE: In Circular No. 1-91 dated unsatisfactory or poor performance, or have
14 Feb. 1991, an officer or shown to be physically or mentally unfit to
employee is considered perform their duties may be dropped from the
habitually absent if he/she rolls within thirty (30) days from the time a
incurs unauthorized absences ground therefor arises
exceeding the allowable 2.5
❑An official or employee who is continuously
days monthly leave credits for
AWOL for at least 30 days may be dropped
at least three (3) consecutive from the rolls without prior notice which shall
months during the year take effect immediately (Rule 20)

❑Dropping from the rolls shall not result in the


forfeiture of any benefit on the part of the
official or employee or in a disqualification
from reemployment in the government
ABSENCES – cont.

OCA Circular No. 165-2020


(Interim Guidelines for Absences Due to Quarantine and/or Treatment Relative to COVID-19)
8 October 2020

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

❑ OCA Circular No. 150-2018 dated 10 July 2018 (Optional


Wearing of Office Uniforms)
❑ Wearing of office uniforms shall be OPTIONAL until the next
implementation of the wearing of prescribed office uniforms

❑ In lieu of office uniforms, employees are required to wear appropriate


office attire (subject to the guidelines set forth in Adm. Circ. No. 42-2013
dated 29 April 2013)

❑ 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

OCA CIRCULAR NO. 173-2017


(Proper Use of Social Media)
18 July 2017
❑ Issued due to the observation that some judges and court personnel have been taking active part in
social networking sites by sharing personal photographs and updates, and posting their views and
comments on certain issues and current events

❑ 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

OCA Circular No. 170-2019


(Option to Purchase the Various Leased Information Technology (IT) Equipment
After the Three (3)-Year Contract Period)
4 October 2019
RATIONALE FOR ❑ SC entered into a 3-year lease contract with Integrated
ISSUANCE Computer Systems, Inc. for the provision of various IT
equipment to the SC and the lower courts
❑ In the Terms of Reference of the Contract it is stated that “(a)t
the end of the contract period, the end-user shall have the
option to purchase the leased equipment” based on a uniform
price not more than 10% of the equipment’s original unit cost
START OF ❑ For the first batch, the contract will expire on 9 June 2021
EXPIRATION OF 3- and the last batch it is on 26 April 2022
YEAR CONRACT
METHOD OF PAYMENT ❑ Payment shall be made via bank transfer not later than 30
days before the lapse of the contract period under the account
of the Integrated Computer Systems, Inc.
INTERESTED END- ❑ The list of interested end-user should be submitted on or
USERS before 31 January 2020
DIRECT RELEASE OF MOOE
BUDGET TO LOWER COURTS

INTERIM GUIDELINES FOR THE DIRECT


RELEASE AND ADMINISTRATION OF THE
MAINTENANCE AND OTHER OPERATING
EXPENSES (MOOE) BUDGET FOR THE
LOWER COURTS UNDER THE JUDICIARY’S
ANNUAL APPROPRIATION
A.M. No. 17-08-09-SC
(22 August 2017)
DIRECT RELEASE OF MOOE BUDGET TO LOWER COURTS – cont.

Which lower courts (LCs) are


entitled to the MOOE? (Sec. 1)
❑FIRST LEVEL COURTS: Metropolitan Trial Courts
(MeTCs); Municipal Trial Court in Cities (MTCCs); Municipal Trial
Courts (MTCs); Municipal Circuit Trial Courts (MCTCs); and
Shari’a Circuit Courts (SCCs)
❑SECOND LEVEL COURTS: Regional Trial Courts
(RTCs), which include Family Courts (FCs), and Shari’a District
Courts (SDCs)
❑OFFICES OF THE CLERK OF COURT
(OCCs) – multi-sala stations
DIRECT RELEASE OF MOOE BUDGET TO LOWER COURTS – cont.

What are the covered expenditures


using the MOOE budget? (Sec. 2)
❑OFFICE SUPPLIES: Items listed in Annexes “A” & “A-1”
❑SMALL OFFICE DEVICES: Items listed in Annexes “B” &
“B-1”
❑FURNITURE AND EQUIPMENT: Items listed in
Annexes “C” & “C-1” that cost less than P15,000 per item
❑MAINTENANCE SUPPLIES: Items listed in Annex “D”

❑MINOR REPAIRS: Items listed in Annex “E” costing not more


than P15,000
MONTHLY REPORT OF CASES

❑OCA Circular No. 11-2018 dated


17 January 2018 (Dropping of the Old Forms
in the Submission of the Monthly Reports of
Cases and the Submission of the New Forms
NOTE: In OCA Circular No. 11-2018, via Electronic Mail [EMAIL] starting January
failure to submit the applicable forms 2018)
shall warrant the withholding of
salaries of the judges/ and clerk/s of ❑New forms of Monthly Report of Cases
court/branch clerk/s of (MRC) are required to be submitted in
court/officer/s-in-charge concerned, Portable Document Format (PDF) file via
without prejudice to whatever EMAIL and HARD COPIES will no longer be
administrative sanction the SC may accepted
further impose or criminal action which
may be filed against them ❑There are MRC forms for the following: (i)
RTC General Jurisdiction-Multi Sala Station;
(ii) RTC General Jurisdiction –Single Sala
Station; (iii) RTC-Family Court; (iv) RTC-
Drugs Court; (v) RTC-Commercial Court; and
(vi) First Level Court
SEMESTRAL DOCKET
INVENTORY REPORT

❑ Admin. Circular No. 76-2007 dated 31


August 2007 (Submission of Semestral Docket
Inventory Report)
NOTE: Under the
❑ All judges are required to conduct a physical
Continuous Trial inventory of cases at the time of assumption and
Guidelines during the every semester thereafter
inventory period there
should be no postponement ❑ The judge and the clerk of court shall examine
of hearings. each case record and initial the last page thereof

❑ Devote one week of each semester for the


conduct of the physical inventory and preparation
of the semestral docket inventory report. Trials
need not be scheduled during the period
(amended, in effect, by the Continuous Trial
Guidelines)
SOME SPECIAL REPORTS

❑ OCA Circular No. 228A-2017 dated


21 December 2017 (Submission of the
Quarterly Report for Criminal Cases using
NOTE1: For Small Claims Cases, the the Continuous Trial Monitoring System
concerned judges and clerks of court [CTMS])
are required to submit soft copies of
their quarterly reports using a ❑ All judges shall accomplish the CTMS by
template (downloadable from the SC sending a soft copy either through
website) per OCA Circular No. 37-2016 electronic mail (email) at
dated 29 January 2016. CTMS@sc.judiciary.gov.ph, or via courier, to
the Court Management Office. Hard copies
NOTE2: For Videoconferencing hearings
of the quarterly reports will not be accepted
pilot courts, the judges are required to
submit a weekly report on the VCH they
conducted per OCA Circular No. 93-2020 ❑ Failure to comply with the directive may
dated 4 May 2020 likewise be a ground for disciplinary action

NOTE3: OCA Circular No. 71-2018


dated 10 April 2018 exempted all
courts in eCourt sites from
accomplishing and submitting
quarterly reports for criminal cases
using the CTMS.
SOME SPECIAL REPORTS – cont.

OCA CIRCULAR NO. 228A-2017


(Submission of the Quarterly Report for Criminal Cases Using
the Continuous Trial Monitoring System)
21 December 2017
❑ Due to the effectivity of the Revised Guidelines for Continuous Trial of
Criminal Cases (A.M. No. 15-06-10-SC dated 25 April 2017), all concerned
courts shall accomplish and submit QUARTERLY REPORTS for criminal
cases using the Continuous Trial Monitoring System (CTMS), by sending
a soft copy either through electronic mail (e-mail) at
CTMS@sc.judiciary.gov.ph or via courier to the CMO, on or before the 10th
day following every quarter (hard copies will not be accepted)

❑ 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])

❑ Failure to comply may likewise be a ground for disciplinary action


SOME SPECIAL REPORTS – cont.

OCA CIRCULAR NO. 106-2017


(Submission of the Pre-Trial Order as Part of the Court’s Monthly Reportorial Requirements)
26 May 2017

❑ Recalled that per Administrative Circular No. 4-2004 dated 4


February 2004 (Revised Forms, Rules, Guidelines and Instructions
in Accomplishing the Monthly Report of Cases) and Administrative
Circular No. 81-2012 dated 17 September 2012 (New Cases), all
Presiding/Acting Presiding Judges and branch clerks of court/OICs
of the 1st and 2nd level courts are required to submit a uniform
report of cases every month, together with the copies of orders
and decisions relative to the cases reported as attachments
therein

❑ As pre-trial proceedings is an important and vital component in


the management and prompt disposition of cases in the lower
courts, copies of Pre-Trial Orders per month should be
submitted as part of the monthly reportorial requirements
starting in June 2017
MONTHLY AND QUARTERLY
FINANCIAL REPORTS
OCA CIRCULAR NO. 61-2017
(Mandatory Submission of Soft Copy of Financial Monthly and Quarterly Reports to the
Fiscal Monitoring Division, Court Management Office, Office of the Court Administrator)
17 February 2017
❑ Required all clerks of court and officers-in-charge/acting clerks of court to submit via email to the FMD,
CMO-OCA, (1) on or before the 10th day of the following month, EDITABLE or ELECTRONIC COPIES
of the FINANCIAL MONTHLY REPORTS for the FIDUCIARY FUND (FF), SHERIFF’S TRUST FUND
(STF), JUDICIARY DEVELOPMENT FUND (JDF), SPECIAL ALLOWANCE FOR THE JUDICIARY FUND
(SAJF) and MEDIATION FUND (MF), and (2) on or before the 10th day of the month following the end
of the quarter, EDITABLE or ELECTRONIC COPIES of the FINANCIAL QUARTERLY REPORT for the
GENERAL FUND (GF) to the listed email accounts

❑ 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

❑ Those not receiving representation allowances shall be entitled to reimbursement

❑ 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

TERMINATED ❑ KEEP RECORDS of the following:


CASES TO BE ➢ Land registration cases, including those covered by CARP (with respect to
RETAINED petition/answer, decision, final order or resolution, entry of judgment and OCT)
➢ Estafa cases (with litigated incidents to be disposed of as in other terminated
REGARDLESS cases)
OF AGE ➢ Support cases where support has not been legally terminated
(Item 4[c]) ➢ Cases that may have historical or academic value, as determined by the judge
RECORDS IN ❑ EXTRAJUDICIAL FORECLOSURE OF MORTGAGE – disposed of after 10
THE OCC FOR years (from date of issuance of the certificate of sale)
DISPOSAL ❑ CERTIFICATE OF SALE – disposed of after 20 years from issuance (subject to
audit and clearance from the FMD-CMO)
(Item 7) ❑ NOTARIZED DOCUMENTS:
➢ Transfer of real property (kept for 20 years and then disposed of)
➢ Other notarized documents (kept for 10 years and then disposed of)
❑ NOTARIAL COMMISSION AND SIGNATURE CARDS: retained for 10 years
❑ CLEARANCES AND CERTIFICATIONS: disposed of after 5 years
❑ FILE COPIES OF MONTHLY FINANCIAL REPORTS AND OFFICIAL
RECEIPTS: disposed of after having been audited and cleared for disposal by
the FMD-CMO
❑ LOGBOOKS (raffled cases; bonds; received mail matters; and, mailed letters
and orders): disposed of after 5 years
❑ DUPLICATE COPIES OF MARRIAGE CERTIFICATES: disposed of after
clearance from the FMD-CMO
SUBMISSION OF
COPIES OF ORDERS OF
VOLUNTARY INHIBITION
❑ Admin. Order No. 62-2020 dated 18 February 2020
❑ Issued due to persistent reports that some Justices/Judges have been voluntarily
inhibiting from cases assigned or raffled to them on grounds that are neither just nor valid

❑ 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”

❑ To effectively monitor voluntary inhibitions, whether motu proprio or on motion of parties,


all Justices/Judges are REQUIRED to submit to the Office of the Chief Justice, copy
furnished the OCA, copies of all orders of voluntary inhibition within 5 days from issuance
of such orders

❑ 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

❑ OCA Circular No. 107-2013 dated 30 August 2013


(New Guidelines on Jail Visitation and Inspection) [per A.M.
No. 07-3-02-SC dated 8 January 2013]

❑ EJs and single-sala RTC judges to conduct jail visitation on a


QUARTERLY BASIS

❑ Require PJs under their jurisdiction to submit a report about their


detainees

❑ Judges to report on the name and age of detainees, case number,


crime charged, first day of detention, duration of detention and status
of the case

❑ Failure to report shall be subject to administrative sanctions


SOME SC/OCA COVID-19
ISSUANCES
ONLINE FILING OF COMPLAINT OR
INFORMATION AND POSTING OF BAIL
AC No. 33-2020 OCA Circ. No. 89-2020
31 March 2020 3 April 2020
❑ CRIMINAL COMPLAINTS and INFORMATIONS, ❑ All clerks of courts of OCCs in multi-sala stations or BCCs of
together with other supporting documents, may be single-sala courts to create or provide their official email
FILED through ELECTRONIC TRANSMISSION or accounts (pending the official SC-supplied email account)
EMAIL before the proper FIRST or SECOND LEVEL
❑ EJ to determine the schedule of Judges/skeleton-staff who
COURTS
will be on duty, on a rotation basis
❑ The CLERK of COURT shall refer the COMPLAINT
❑ All court orders, pleadings and other submissions to the
or INFORMATION to the JUDGE ON DUTY (JOD)
court shall be in PDF (portable document format)
for EVALUATION thereof
❑ Object evidence may be photographed and converted into
❑ Within 3 DAYS from the ELECTRONIC FILING PDF
thereof, the JOD may decide to dismiss the same,
issue a warrant of arrest if there is probable ❑ Payment of court fees for electronically transmitted criminal
cause, or require the submission of additional complaint/information, or payment for bail, shall be coursed
evidence from the prosecution through any branch of the Land Bank after the issuance of
an online assessment by OCC CoC or BCC
❑ If BAIL is REQUIRED, the ACCUSED may
❑ Temporary rollo to be created and a docket number to be
ELECTRONICALLY SUBMIT the REQUIREMENTS
designated to the online complaint/information (original
for BAIL
copies to be submitted by the prosecution after end of the
❑ Once in order, the JOD may APPROVE the BAIL
public health emergency or upon orders of the court)
and issue a RELEASE ORDER
❑ Regular raffle of cases suspended during the public health
❑ The APPROVED BAIL and the RELEASE ORDER emergency
shall be ELECTRONICALLY TRANSMITTED by the
JOD to the EXECUTIVE JUDGE who in turn shall ❑ Certified true copies of the electronically-released release
ELECTRONICALLY transmit the same to the order may be secured by the accused or representative
PROPER LAW ENFORCEMENT AUTHORITY or
DETENTION FACILITY to enable the RELEASE of
the ACCUSED
RELEASE OF PDLs ON RECOGNIZANCE,
PROVISIONAL DISMISSAL OF THE CASE,
OR ON REDUCED BAIL
OCA Circ. No. 91-2020 A.M. No. 38-2020
20 April 2020 30 April 2020
❑ A.M. No. 12-11-2-SC dated 18 March 2014 ❑ Computation of bail is as follows:
provides the Guidelines for Decongesting ➢ Maximum period is reclusion temporal (12 yrs. 1 day to
Holding Jails by Enforcing the Rights of the 20 yrs.): Get the medium period multiplied by
Accused Persons to Bail and to Speedy Trial P3,000.00 for every year of imprisonment (14 yrs. 8
❑ Sec. 5 pertains to the release of the accused, on mos. 1 day to 17 yrs. 4 mos)
his own recognizance, who has been detained ➢ Maximum period is prision mayor (6 yrs. 1 day to 12
for a period of at least equal to the minimum of yrs.): Get medium period multiplied by P2,000.00 for
the penalty for the offense charged against him every year of imprisonment (8 yrs. 1 day to 10 yrs.)
❑ The release may be motu proprio or upon motion ➢ Maximum period is prision correccional (6 mos. 1 day
of the accused to 6 yrs.): Get medium period multiplied by P1,000.00
❑ The release is without prejudice to the for every year of imprisonment (2 yrs. 4 mos. 1 day to
continuation of the proceedings against the 4 yrs. 2 mos.)
accused ➢ Maximum period is arresto mayor (1 mo. 1 day to 6
mos.): Released on recognizance
❑ Sec. 10 pertains to the release of the accused
upon the provisional dismissal of the action ❑ Any violation of the undertaking or conditions imposed
against him/her, with his/her express consent on the bail or recognizance shall be a ground for the
❑ The delay may be: (a) due to the absence of the cancellation thereof and the issuance of a warrant of
essential witness whose whereabouts are arrest against the accused
unknown or cannot be determined; or (b) due to ❑ Indigent PDLs, if not yet arraigned, must first be
the absence of an essential witness whose arraigned before being granted bail or recognizance
presence cannot be obtained by due diligence ❑ Release on bail or recognizance may be conducted
though the whereabouts are known through videoconferencing by pilot courts*
CURRENT POLICIES REGARDING
COURT OPERATIONS DURING GCQ

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

OCA Circular SALIENT FEATURES


No. 128-2021 ❑ ALL FIRST AND SECOND LEVEL COURTS within the NCR
may conduct in-court proceedings on urgent
(14 October matters and on other matters as may be determined
2021): by the presiding judge
❑ IN-COURT ATTENDANCE shall be limited to lawyers,
“Court parties and witnesses required to participate in-
Operations court
❑ Others may observe the proceedings through
beginning 18 videoconferencing
October 2021”
NOTE: NCR has been ❑ Suspension of the time for filing and service of
pleadings and motions is LIFTED considering that
placed under Alert electronic submissions and service may be
Level 3 resorted to
❑ The relevant provisions of OCA Circ. Nos. 119-
2021 and 120—2021 on court operations relative to
the different community quarantine levels, which
are not inconsistent herewith, shall continue to
remain in force for all first and second level
courts and judicial offices outside the NCR.
BAR MATTER (B.M.) NO. 3865
(MCLE Exemptions of Bar Examiners and Staff)
14 September 2021

RATIONALE ❑ Among others, the preparation and the actual conduct of


the 2020/2021 Bar Examinations are important Court
functions that demand significant time and effort from all
involved in the 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.

PAGPALAIN KAYO LAGI NG


POONG MAYKAPAL!

STAY SAFE ALWAYS AS WE ALL


MUST.

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