Professional Documents
Culture Documents
2022 Periods To Decide Cases and Incidents
2022 Periods To Decide Cases and Incidents
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Rule 3.05 of the Code of Judicial Conduct provides that judges shall dispose
of the court's business promptly and decide cases within the required periods.
Corollarily, the Court has consistently elucidated that "[t]he rules prescribing the
time within which certain acts must be done on certain proceedings are mandatory
for the orderly and speedy discharge of judicial business. Delay in the disposition of
cases deprives the litigants of their right to speedy disposition of their cases and
tarnishes the image of the judiciary."' Suitably, on 4 November 2019, then Chief
Justice Diosdado M. Peralta issued Memorandum Order No. 74-2019 enjoining all
concerned judges to comply with, among others, "the reglementary or prescribed
periods to resolve pending cases and incidents, as provided for under the
Constitution, the laws, rules of procedure, guidelines, and other administrative
issuances."
1 Office of the Court Administratorv. Casalan, A.M. No. RTJ-14-2385 [Formerly A.M. No. 14-4-115-RTC] dated 20 April 2016.
2 OCA Circular No. 205-2019 dated 6 November 2019.
3 Section 5(g), Rule 30 and Section II(d), Rule 119 of the 2019 Amendments to the Rules of Court.
3. The "[fJailure to decide cases within the reglementary period
constitutes a ground for administrative liability except when there are
valid reasons for the delay.?'
~ ACJIFRC/rgtILynkiReglementary _Periods
Office of the Court Administrator v. Casalan, A.M. No. RTJ-14-2385 [Formerly A.M. No. 14-4-115-RTC] dated 20 April 2016.
2
ANNEX "A"
9 September 2022
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
TABLE OF CONTENTS
I. IN GENERAL
A. Rules of Civil Procedure as amended by A.M. No. 19-10-20-SC
(2019 Amendments to the 1997 Rules of Civil Procedure) 1
B. A.M. No. 04-10-11-SC (Rule on Violence Against Women and their Children) • 26
C. Republic Act No. 9344 (Juvenile Justice and Welfare Act of 2006)
as amended by Republic Act No. 10630 (An Act Strengthening the
Juvenile Justice System in the Philippines, amending for the purpose
Republic Act No. 9344, otherwise known as the "Juvenile Justice
and Welfare Act of 2006" and Appropriating Funds therefor) . 27
ii
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
F. A.M. No.15-06-10-SC
(Revised Guidelines for Continuous Trial of Criminal Cases) 29
C. Republic Act No. 8975 (An Act to Ensure the Expeditious Implementation
and Completion of Government Infrastructure Projects by Prohibiting
Lower Courts from Issuing Temporary Restraining Orders, Preliminary
Injunctions or Preliminary Mandatory Injunctions, Providing Penalties
for Violations thereof, and for Other Purposes) • 31
iii
REGLEMENTARY PERIODS TO DECIDE CASES
AND/OR RESOLVE INCIDENTS
I. IN GENERAL
A. Rules of Civil Procedure as amended by A.M. No. 19-10-20-SC (2019
Amendments to the 1997Rules of Civil Procedure)
Shall be resolved by the court within thirty (30) calendar days from the
termination of the summary hearing (Rule 8, Section 12[d]).
2. Non-litigious Motions
These motions shall not be set for hearing and shall be resolved by the
court within five (5) calendar days from receipt thereof (Rule 15,
Section 4).
3. Litigious Motions
The motion shall be resolved by the court within fifteen (15) calendar
days from its receipt of the opposition thereto, or upon expiration of the
period to file such opposition (Rule 15, Section 5[c]).
The court shall decide and serve copies of its decision to the parties
within a period not exceeding ninety (90) calendar days from the
submission of the case for resolution, with or without memoranda (Rule
30, Section l[c]).
Shall be resolved within thirty (30) days from the time it is submitted
for resolution (Rule 37, Section 4).
The trial court, the Court of Appeals, the Sandiganbayan or the Court
of Tax Appeals that issued a writ of preliminary injunction against a
lower court, board, officer, or quasi-judicial agency shall decide the
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
main case or petition within six (6) months from the issuance of the writ
(Rule 58, Section 5).
Motions for inhibition based on grounds provided for under Rule 137
shall be resolved immediately or within two (2) calendar days from date
of their filing (Rule III.2[a}).
The court shall resolve the motion within a non-extendible period often
(10) calendar days from the expiration of the ten (10)-day period, with
or without comment (Rule III.2[c}).
The court, at its discretion, may set the motion for hearing within a non-
extendible period often (10) calendar days from the expiration of the
ten (10)-day period to file comment, in which case the same shall be
submitted for resolution after the termination of the hearing, and shall
be resolved within a non-extendible period of ten (l0) calendar days
thereafter (Id.).
7. Demurrer to Evidence
Shall not be more than ninety (90) calendar days from the date the case
is submitted for decision (Rule III. 16[aJ).
The court may, in the same Preliminary Conference Order, declare the
case submitted for judgment if, on the basis of the pleadings and their
attachments, as well as the stipulations and admissions made by the
parties, judgment may be rendered without the need of submission of
position papers. In this event, the court shall render judgment within
thirty (30) calendar days from issuance of the order (Rule IlI.A, Section
13).
Within thirty (30) calendar days from receipt by the court of the
Mediator's Report or the Judicial Dispute Resolution Report on the
parties' failure to reach an amicable settlement, the court shall render
judgment (Rule IlI.A, Section 14).
Should the court find it necessary to clarify certain material facts, and
require parties to submit additional judicial affidavits or other evidence
on the said matters, within ten (10) calendar days from receipt of said
order. Judgment shall be rendered within fifteen (15) calendar days
after the receipt of the last clarificatory judicial affidavits, or the
expiration of the period for filing the same (Id.).
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REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
The court shall render and promulgate the judgment not later than thirty
(30) calendar days from the court's action on the last presenting party's
offer of evidence (Rule lIIB, Section 7).
Should the defendant fail to file hislher/its Response within the required
period, and likewise fail to appear on the date set for hearing, the court
shall render judgment within twenty-four (24) hours from the
termination of the hearing (Rule IV, Section 14).
Should the defendant fail to file hislher/its Response within the required
period but appear on the date set for hearing, the court shall ascertain
what defense he/she/it has to offer, which shall constitute his/her/its
Response, proceed to hear the case and render judgment within twenty-
four (24) hours from the termination of the hearing. If the defendant
relies on documentary evidence to support his defense, the court shall
order himlher/it to submit original copies of such documents within
three (3) calendar days from the termination of the hearing, and, upon
receipt thereof or expiration of the period to file, the court shall render
judgment within twenty-four (24) hours (Id.).
The RTC Judge shall have a period of not exceeding fifteen (15)
calendar days to complete the JDR proceedings. Such period shall be
computed from the date when the parties first appeared for the initial
conference as stated in the order to appear. An extended period of
another fifteen (15) calendar days may be granted by the court upon
joint written motion filed by both parties on the ground that settlement
is likely to be concluded (Chapter 3, Section 4).
4
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
The court shall issue an order fixing the period to conclude the
examination of all the items seized, which period may be extended not
exceeding thirty (30) days, upon motion, for justifiable reasons (Section
6.7).
The motion for the purpose shall be filed before the court that issued
the warrant and has custody of the computer data within (10) days from
the time the criminal action is instituted and shall be acted upon by the
court within a period of five (5) days (Section 7.2).
1. Rendition of Judgment
The court shall render judgment within a period of thirty (30) calendar
days upon admission of the evidence. The court may direct the parties
to submit their respective memoranda within a non-extendible period
of ten (10) calendar days, which shall neither extend nor suspend the
period to render Judgment (Section 13).
1. Judgment
The court shall render judgment within ten (10) days from the time the
petition is submitted for decision. If the allegations in the petition are
proven by substantial evidence, the court shall grant the privilege of the
writ and such reliefs as may be proper and appropriate; otherwise, the
privilege shall be denied (Section 18).
5
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
1. Judgment
The court shall render judgment within ten (10) days from the time the
petition is submitted for decision. If the allegations in the petition are
proven by substantial evidence, the court shall enjoin the act
complained of, or order the deletion, destruction, or rectification of the
erroneous data or information and grant other relevant reliefs as may be
just and equitable; otherwise, the privilege of the writ shall be denied
(Section 16).
1. Trial
The decision shall be rendered within ninety (90) calendar days from
the date the petition is deemed submitted for decision (Section 21).
The decision granting the petition shall become final after thirty (30)
calendar days from receipt thereof by the parties without an appeal or
motion for reconsideration being filed (Section 22).
6
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
1. Pre- Trial
Not later than twenty (20) calendar days after the last pleading has been
filed, pre-trial shall be held. The judge shall put the parties and their
counsels under oath (Rule 3, Section 3).
3. Referral to Mediation
4. Period to Decide
Within fifteen (15) calendar days from the expiration of the period for
filing of position papers, with or without position papers, the court shall
render judgment (Rule 4, Section 6).
The judge shall report to the Supreme Court, through the Office of the
Court Administrator, every action taken on all Warrants of Arrest of
Vessel, Cargo, or Freight, within fifteen (15) calendar days from the
action taken (Rule 6, Section 8).
7
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
If it appears from the hearing that the plaintiff has the right to his or her
limit liability, the court shall, within fifteen (15) calendar days after due
consideration of the plaintiffs' and defendants' claims, issue an order
limiting the plaintiff s liability and direct the defendants, and any other
persons who may have claims, to file their respective claims against the
limitation fund (Rule 8, Section 7).
8. Satisfaction of Claims
The court, upon review of the report and proposal for satisfaction, and
finding the same to be in due and proper form, and within fifteen (15)
calendar days from receipt, shall order payment of the claims under
such terms and conditions as may be appropriate (Rule 8, Section 9).
1. Promulgation of Decision
The Special Agrarian Courts shall decide all appropriate cases under
their special jurisdiction within thirty (30) days from submission of the
case for decision (Section 57).
The court shall schedule a hearing at a date and time within the twenty-
day period at which the respondent may for good cause show why the
provisional asset preservation order should be lifted. The court shall
determine within the same period whether the provisional asset
preservation order should be modified or lifted or an asset preservation
order should issue and act accordingly (Section 12).
2. Judgment
The court shall render judgment within thirty days from submission of
the case for resolution (Section 32).
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REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
The court shall issue a final order on the contested claim within thirty
days from submission (Section 41).
The court shall schedule a hearing at a date and time within the twenty
(20)-calendar day period at which the accused or any person acting in
his or her behalf, or the person in possession of the property of the
accused, or in whose name the property of the accused is registered, or
the covered person or government agency may, for good cause, show
why the provisional asset preservation order should be modified or
lifted. The court shall determine within the same period whether the
provisional asset preservation order should be modified or lifted, or an
asset preservation order should be issued, which shall be valid during
the entire duration of the proceedings (Section 6).
The court shall resolve the motion and the corresponding comment or
opposition within ten (10) calendar days from the time the motion is
submitted for resolution (Section 11).
The court shall resolve the motion and corresponding opposition within
ten (10) calendar days from the time the motion is submitted for
resolution (Section 12).
9
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
The court shall rule on the objections not later than fifteen (15) days
from the filing thereof (Rule 3, Section 2).
The preliminary conference shall be terminated not later than ten (10)
days after its commencement, whether or not the parties have agreed to
settle amicably (Rule 4, Section 3).
If, after submission of the pre-trial briefs, the court determines that,
upon consideration of the pleadings, the affidavits and other evidence
submitted by the parties, a judgment may be rendered, the court may
order the parties to file simultaneously their respective memoranda
within a non-extendible period of twenty (20) days from receipt of the
order. Thereafter, the court shall render judgment, either full or
otherwise, not later than ninety (90) days from the expiration of the
period to file the memoranda (Rule 4, Section 4).
Within ten (l0) days after the termination of the pre-trial, the court shall
issue an order which shall recite in detail the matters taken up in the
conference, the actions taken thereon, the amendments allowed in the
pleadings, and the agreements or admissions made by the parties as to
any of the matters considered (Rule 4, Section 5).
After the pre-trial, the court may render judgment, either full or partial,
as the evidence presented during the pre-trial may warrant (Id.).
5. Trial Schedule
The hearings shall be completed not later than sixty (60) days from the
date of the initial hearing, thirty (30) days of which shall be allotted to
10
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
the plaintiffs and thirty (30) days to the defendants in the manner
prescribed in the pre-trial order (Rule 5, Section 2).
The court shall make its ruling on the offer within five (5) days from
the expiration of the period to file comments or objections (Rule 5,
Section 3).
The court shall render a decision not later than (90) days from the lapse
of the period to file the memoranda, with or without said pleading
having been filed (Rule 5, Section 5).
Within two (2) days from the filing of the complaint, the court, upon a
consideration of the allegations thereof, may dismiss the complaint
outright if it is not sufficient in form and substance, or, if it is sufficient,
order the issuance of summons which shall be served, together with a
copy of the complaint, on the defendant within two (2) days from its
issuance (Rule 6, Section 4).
lfthe defendant fails to file an answer within the period above provided,
the court shall, within ten (l0) days from the lapse of said period, motu
proprio or on motion, render judgment as may be warranted by the
allegations of the complaint, as well as the affidavits, documentary and
other evidence on record (Rule 6, Section 7).
The hearing shall be set on a date not later than ten (l0) days from the
date of the order, and shall be completed not later than fifteen (15) days
from the date of the first hearing (Rule 6, Section 8).
The Court shall render a decision within fifteen (15) days from receipt
of the last pleading, or from the date of the last hearing as the case may
be (Rule 6, Section 9).
12. Duty of the Court upon the filing of the Complaint in Disputes
exclusively involving the Rights of Stockholders or Members in the
Inspection of Corporate Books and Records
11
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
Within two (2) days from the filing of the complaint, the court, upon a
consideration of the allegations thereof, may dismiss the complaint
outright if it is not sufficient in form and substance, or, ifit is sufficient,
order the issuance of summons which shall be served, together with a
copy of the complaint, on the defendant within two (2) days from its
issuance (Rule 7, Section 3).
lfthe defendant fails to file an answer within the period above provided,
the court, within ten (10) days from the lapse of said period, motu
proprio or on motion, shall render judgment as warranted by the
allegations of the complaint, as well as the affidavits, documentary and
other evidence on record (Rule 7, Section 6).
The court shall render a decision based on the pleadings, affidavits and
documentary and other evidence attached thereto within fifteen (15)
days from receipt of the last pleading (Rule 7, Section 7).
lfthe PAL is not sufficient in form and substance, the Liquidation Court
shall, within ten (10) days from receipt of the PAL, issue an Order
directing the Receiver to comply with the foregoing requirements (Rule
4, Section 4).
Within a period not exceeding thirty (30) days from submission for
resolution, the Liquidation Court shall either allow or disallow the
12
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
Within ten (10) days after termination of the pre-trial, the Liquidation
Court may, motu proprio or on motion, resolve the Verified Notice of
Claim based on the pleadings pursuant to Rule 34 of the Rules of Court
(Rule 5, Section 12).
After trial, the Liquidation Court shall render a Decision within a period
of forty-five (45) days from submission of the Verified Notice of Claim
for resolution (Rule 5, Section 13).
Within ten (10) days from receipt of the motion for approval of the
Partial or Final ADP, the Liquidation Court shall issue an Order setting
it for hearing within ninety (90) days from receipt thereof and directing
the creditors to file their comments not later than ten (10) days before
the hearing (Rule 8, Section 3).
The court shall rule on the objection not later than ten (10) calendar
days from receipt of the comment or the expiration of the three-day
period (Rule 5, Section 2).
2. Schedule of Trial
The trial shall be completed not later than sixty (60) calendar days from
the date of the initial trial, excluding the period when the case is referred
13
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
3. Clarification Hearing
The order setting the case for clarification hearing must be issued not
later than fifteen (15) calendar days after receipt of the last position
paper or the expiration of the period for filing the same and the
clarification hearing must be scheduled within fifteen (15) calendar
days from the issuance of such order and completed not later than
fifteen (15) calendar days (Rule 7, Section 2).
Where the parties are required to submit position papers under Section
7 of Rule 6 or Section 1 of Rule 7, the court shall render judgment
within sixty (60) calendar days from receipt of the last position paper,
or upon the expiration of the period to file the same (Id.).
Where the court conducted trial, it shall render judgment within sixty
(60) calendar days from the oral ruling on the last offer of evidence, or,
when required by the court, from submission of the memoranda or draft
decision under Section 5 of Rule 7, or upon the expiration of the period
to file thereof (Id.).
In case of doubt on the existence of probable cause, the judge may order
the prosecutor to present additional evidence within five (5) calendar
days from notice and the issue must be resolved by the court within
fifteen (15) calendar days from the presentation of the additional
evidence (Rule 11, Section 3).
14
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
Upon motion of the party whose goods have been seized, with notice to
the applicant, the issuing court may quash the search warrant and order
the return of the seized goods if no criminal complaint is filed within
sixty (60) calendar days from the issuance of the search warrant (Rule
11, Section 4).
8. Judgment on Pre-Trial
9. Demurrer to Evidence
The court shall promulgate the judgment not later than sixty (60)
calendar days from the time the case is submitted for decision, with or
without the memoranda (Rule 14, Section 5).
1. Examination of Applicant
The application shall be acted upon within twenty-four (24) hours from
its filing (Section 5).
15
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
later than ninety (90) days from the first hearing date fixed in the
Commencement Order (Rule 2, Section 15).
Within ten (10) days from receipt of the report of the rehabilitation
receiver, the court may: (a) give due course to the petition; (b) dismiss
the petition; or (c) convert the proceedings into one for the liquidation
of the debtor (Rule 2, Section 17).
Within five (5) days from receipt of the Rehabilitation Plan, the court
shall notify the creditors that the Rehabilitation Plan has been submitted
for confirmation; that any creditor may obtain copies of the
Rehabilitation Plan; and that any creditor may file an objection thereto
(Rule 2, Section 63).
If objections have been submitted during the relevant period and the
court finds them sufficient in form and substance, it shall issue an order
setting the date and time for the hearing or hearings on the objections,
which shall not be later than ten (10) days from the expiration of the
period to file objections (Rule 2, Section 65).
The court shall have a maximum period of one (1) year from the date
of the filing of the petition to confirm a Rehabilitation Plan for the
debtor (Rule 2, Section 70).
Within five (S) days from filing of the motion, the court motu proprio
shall grant or deny the motion. If the court grants the motion, it shall
set the proposed amendments for hearing not later than fifteen (1S) days
from date of the order (Rule 2, Section 72).
The court shall act on the proposed amendments not later than forty-
five (4S) days from the date of the filing of the motion for leave to
amend the Rehabilitation Plan (Id.).
Within five (S) working days from the date of filing the petition, if the
court determines that the petition is sufficient in form and substance, it
shall issue an Order (Rule 3, Section 2).
The court shall have a maximum period of one hundred twenty (120)
days from the filing of the petition to approve or disapprove the Pre-
Negotiated Rehabilitation Plan filed under this Rule (Rule 3, Section 8).
Upon the filing of the petition, the court shall immediately issue and
cause to be served the corresponding summons to the respondent within
five (S) days from receipt of the petition (Rule 4, Section 12).
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REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
If the court determines that there exists a genuine issue of material facts,
it shall conduct a summary hearing not later than twenty (20) days from
the filing of the petition (Rule 4, Section 15).
The court shall render judgment which shall be not later than sixty (60)
days from the filing of the petition (Id.).
Within three (3) days from the filing of the petition for recognition of a
foreign proceeding, the court shall acknowledge the fact of filing and
issue a Notice of filing of the petition, which shall be published once in
a newspaper of general circulation within five (5) days from its issuance
(Rule 5, Section 6).
[Nota BeneJ
On the other hand, A.M. No. 12-12-11-SC shall apply to petitions for
rehabilitation of corporations, partnerships, and sole proprietorship, filed
pursuant to Republic Act No. 10142, other wise known as the Financial
Rehabilitation and Insolvency Act (FRIA) of2010 (Rule 1, Section 2).
1. Stay Order
Upon motion, within ninety (90) days from the approval of the
rehabilitation plan, and after notice and hearing, the court may revoke
the approval thereof on the ground that the same was secured through
fraud (Rule 3, Section 21).
The court may hold additional hearings as part of the initial hearing
contemplated in these Rules but the initial hearing must be concluded
not later than ninety (90) days from the initial date of the initial hearing
fixed in the stay order (Rule 4, Section 6).
Within twenty (20) days after the last hearing, the court shall issue an
order which shall: (a) Give due course to the petition and immediately
refer the petition and its annexed to the rehabilitation receiver who shall
evaluate the rehabilitation plan and submit his recommendation to the
court not later than ninety (90) days from the date of the last initial
hearing, if the court is satisfied that there is merit to the petition,
otherwise the court shall immediately dismiss the petition; and (2)
Recite in detail the matters taken up in the initial hearing and the actions
taken thereon, including a substitute rehabilitation plan (Rule 4, Section
7[a}).
If the debtor and creditors agree on a new rehabilitation plan, the order
shall so state the fact and require the rehabilitation receiver to supply
the details of the plan and submit it for the approval of the court not
later than sixty (60) days from the date of the last initial hearing. The
court shall approve the new rehabilitation plan not later than ninety (90)
days from the date of the last initial hearing (Rule 4, Section 7[b}).
The court shall decide the petition within one (1) year from the date of
filing of the petition, unless the court, for good cause shown, is able to
secure an extension of the period from the Supreme Court (Rule 4,
Section 12).
19
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
If the court finds the petition sufficient in form and substance, it shall,
not later than five (5) working days from the filing of the petition, issue
an order (Rule 6, Section 2).
Within ten (10) days from the date of the second publication of the
order, the court shall approve the rehabilitation plan unless a creditor or
other interested party submits a verified objection to it (Rule 6, Section
3).
The court shall set the case for hearing not earlier than ten (10) days
and no later than twenty (20) days from the date of the second
publication of the order mentioned in Section 2 of this Rule on the
objections to the petition or rehabilitation plan (Rule 6, Section 5).
The court shall decide the petition not later than one hundred twenty
(120) days from the date of the filing of the petition (Rule 6, Section 6).
The court may take any action necessary for the foregoing purposes but
it shall have a maximum period often (0) working days from the date
of the filing of the petition or motion to issue the Liquidation Order,
dismiss the petition, or deny the motion (Rule 2, Section 3).
If the court finds the petition sufficient in form and substance, it shall,
within five (5) working days from the filing of the petition, issue a
Suspension of Payments Order (Rule 3, Section 2).
The court within five (S) days from the lapse of the ninety (90)-day
period, or from receiving the report of the commissioner mentioned in
the preceding section that the debtor's proposal has been rejected, shall
issue an order dismissing the petition (Rule 3, Section 7).
The court shall hear and pass upon such objection in a summary
manner, within thirty (30) days from the filing of the objection (Jd.).
The court may take any action necessary for the foregoing purposes but
it shall have a maximum period often (10) working days from the date
of the filing of the petition to issue the Liquidation Order or dismiss the
petition (Rule 3, Section 12).
If the petition is sufficient in form and substance, the court, within five
(S) working days from the filing of the petition, shall issue summons to
the debtor requiring him, by way of comment on or opposition to the
petition within an inextendible period of fifteen (IS) days from service
of the summons, to show cause why he should not be declared insolvent
(Rule 3, Section 15).
1. Examination of Applicant
The application shall be acted upon within twenty-four (24) hours from
its filing (Section 5).
21
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
1. Ocular Inspection
If the seized drugs amount to one (1) kilogram or more, or if the seized
instruments and equipment cannot be physically brought to the court,
the judge shall conduct an ocular inspection of the same within seventy-
two (72) hours from the time the application is filed (Section 2).
Within the same twenty-four (24) hours from the conduct of the ocular
inspection, or in the same Order for the retention of representative
sample, the court shall also order the immediate destruction and
disposal of the remaining seized drugs or instruments and equipment
(Section 4).
Petition for bail shall be heard and resolved within twenty (20) calendar
days (Rule III.10[a}).
1. Promulgation of Decision
Shall be rendered within a period of fifteen (15) days from the date of
submission of the case for resolution (Section 90).
22
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
1. Rendition of Decision
The court shall decide the election contest within thirty (30) calendar
days from the date the case is submitted for decision, in no case beyond
six (6) months after its filing, unless the Supreme Court, through the
Office of the Court Administrator, authorizes an extension in writing.
After the submission of the case for decision, the judge, during the
thirty (30)-day period to decide the election contest or until the
promulgation of the decision therein, prior to the lapse of the said
period, shall prioritize the resolution of the election contest over his or
her other adjudicative duties and functions (Rule 14, Section 1).
Within ten (10) days after the termination of the pre-trial, the court shall
issue a pre-trial order setting forth the actions taken during the pre-trial
conference, the facts stipulated, the admissions made, the evidenced
marked, the number of witnesses to be presented and the schedule of
trial (Rule 3, Section 9).
The court shall have a period of sixty (60) days to decide the case from
the date the case is submitted for decision (Rule 4, Section 4).
The court shall have a period of one (1) year from the filing of the
complaint to try and decide the case (Rule 4, Section 5).
23
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
Within sixty (60) days from the time the petition is submitted for
decision, the court shall render judgment granting or denying the
privilege of the Writ of Kalikasan (Rule 7, Section 15).
The petition shall be resolved without delay within sixty (60) days from
the date of the submission of the petition for resolution (Rule 8, Section
6).
8. Arraignment
The court shall set the arraignment of the accused within fifteen (15)
days from the time it acquires jurisdiction over the accused, with notice
to the public prosecutor and offended party or concerned government
agency that it will entertain plea-bargaining on the date of the
arraignment (Rule 15, Section 1).
After the arraignment, the court shall set the pre-trial conference within
thirty (30) days (Rule 16, Section 1).
The court shall issue a pre-trial order within ten (l0) days after the
termination of the pre-trial, setting forth the actions taken during the
pre-trial conference, the facts stipulated, the admissions made,
evidenced marked, the number of witnesses to be presented and the
schedule of trial (Rule 16, Section 7).
The court shall endeavor to conduct continuous trial which shall not
exceed three (3) months from the date of the issuance of the pre-trial
order (Rule 17, Section 1).
24
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
With or without any memoranda filed, the court shall have a period of
sixty (60) days to decide the case counted from the last day of the 30-
day period to file the memoranda (Rule 17, Section 3).
The court shall dispose the case within a period often (l0) months from
the date of arraignment (Rule 17, Section 4).
1. Citizen Suits
Within thirty (30) days, the court shall make a determination if the
complaint herein is malicious and/or baseless and shall accordingly
dismiss the action and award attorney's fees and damages (Section 41).
[Nota Bene]
25
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
1. Starting January 28, 2022 when Republic Act No. 11642 (Domestic
Administrative Adoption and Alternative Child Care Act) took effect,
courts may no longer receive or accept petitions for domestic adoption,
jurisdiction over the same being now lodged with the National
Authority for Child Care (NACC).
5. Although the law used the term ''parties,'' the petition for adoption may
be withdrawn only by the petitioner because the purpose of the
withdrawal is to avail of the benefits of the new law.
6. If the petitioner/s do not withdraw their petition, the court shall continue
to hear and decide the same pursuant to Section 56 ofR.A. No. 11642.
Within five (5) days after the termination of the preliminary conference,
the court may issue a protection order, based on the pleadings and
stipulations or admissions made by the parties (Section 24).
In case the court determines the need for further hearing, it may issue
an order containing the schedule of the presentation of evidence by both
parties which shall be done in one (1) day, to the extent possible, within
the thirty (30)-day period of the effectivity of the temporary protection
order issued (Section 25 [eJ).
The court shall, to the extent possible, endeavor to conduct in one (l)
day the hearing on the merits for the issuance of a permanent protection
order. Where the court is unable to finish the hearing within one day
and the temporary protection order issued is due to expire, it may extend
or renew the temporary protection order for a period of thirty (30) days
each time until final judgment is rendered (Section 26[bJ).
4. Period to Decide
The court shall decide the petition within thirty (30) days after
termination of the hearing on the merits (Section 29[aJ).
Where no hearing has been conducted, the court shall decide the
petition within ten {l0) days after the termination of the preliminary
conference (Section 29 [bJ).
C. Republic Act No. 9344 (Juvenile Justice and Welfare Act of 2006) as
amended by Republic Act No. 10630 (An Act Strengthening the Juvenile
Justice System in the Philippines, amending for the purpose Republic Act
No. 9344, otherwise known as the "Juvenile Justice and Welfare Act of
2006" and Appropriating Funds therefor)
1. Determination of Age
Any person contesting the age of the child in conflict with the law prior
to the filing of the information in any appropriate court may file a case
in a summary proceeding for the determination of age before the Family
Court which shall decide the case within twenty-four (24) hours from
receipt of the appropriate pleadings of all interested parties (Section 7).
27
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
The court where the petition for involuntary commitment has been filed
shall decide on the petition within seventy-two (72) hours from the time
the said petition has been filed by the Department of Social Welfare and
DevelopmentILocal Social Welfare and Development Office. The court
will determine the initial period of placement of the child within the
Intensive Juvenile Intervention and Support Center which shall not be
less than one (1) year (Section 20-A).
If the age of the child is contested prior to the filing of the information
in court, a case for determination of age under summary proceeding
may be filed before a court which shall render its decision within
twenty-four (24) hours from receipt of the appropriate pleadings of all
the parties (Section 6).
The court where the petition for involuntary commitment has been
filed, shall decide on the petition within seventy-two (72) hours from
the time the said petition has been filed by the Department of Social
Welfare and DevelopmentILocal Social Welfare and Development
Office (Section 8-A[bJ).
The court will determine the initial period of placement of the child
with the Intensive Juvenile Intervention and Support Center which shall
not be less than one (1) year (Section 8-A[cJ).
The court shall act on the recommendation within five (5) days from
the termination of the hearing (Section 33).
5. Disposition Conference
28
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
In case of suspended sentence, the court shall set the case for disposition
conference within fifteen (15) days from the promulgation of sentence
with notice to the social worker of the court, the child and the parents
or guardian of the child and the child's counsel, the victim and counsel
(Section 47).
The court shall fix the time and date for the hearing of the motion,
which shall not be earlier than thirty (30) days nor later than sixty (60)
days from the date of the filing of said motion and cause notice of the
hearing to be sent to the person, agency or institution to which the child
has been committed, the public prosecutor and the court-designated
social worker, at least five (5) days before the date of hearing (Section
4[p][iij).
[Nota BeneJ
1. The Family Courts shall set the arraignment of the Child in Conflict
with the Law (CICL) and the pre-trial of the case within ten (10)
calendar days from the date of the court's receipt of the case for a
detained CICL, and within the thirty (30) calendar days from the date
the court acquires jurisdiction (either by arrest or voluntary surrender)
over a non-detained CICL, UNLESS there is a need to subject the CICL
to a diversion proceeding pursuant to Section 37 of Republic Act No.
9344.
3. The extension of the periods caused by the allowable good causes shall
be excluded from the computation of the one hundred eighty (180)-day
period within which trial must be completed.
29
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
Within fifteen (15) days after the filing of the answer or the expiration
of the period to file answer, the court shall issue an order: (1) fixing a
date for the pre-trial conference; (2) direct the parties to file and serve
their respective pre-trial briefs in such manner as shall ensure receipt
thereof by the adverse party at least three (3) days before the date of
pre-trial; and (3) requiring the respondent to present the minor before
the court (Section 9).
30
REGLEMENTARY PERIODS TO DECIDE CASES ANDIOR RESOLVE INCIDENTS
1. Promulgation of Decision
Cases appealed to the Regional Trial Court shall be decided within ten
(10) days from receipt of the appeal. In all cases, the court shall decide
these petitions not later than fifteen (15) days before the election and
the decision shall become final and executory (Section 32[gJ).
c. Republic Act No. 8975 (An Act to Ensure the Expeditious Implementation
and Completion of Government Infrastructure Projects by Prohibiting
Lower Courts from Issuing Temporary Restraining Orders, Preliminary
Injunctions or Preliminary Mandatory Injunctions, Providing Penalties for
Violations thereof, and for Other Purposes)
1. Speedy Hearing
31
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
The trial court shall see to it that all registration proceedings are
disposed or within ninety (90) days from the date the case is submitted
for decision (Section 27).
32
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS
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