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3Republic of the l'btlipptne~

~upreme ~ourt
®ffice of tbe QCourt ~bminigtrator
j)l!lanila

OCA CIRCULAR NO. 243-2022

TO ALL JUDGES OF THE FIRST AND SECOND LEVEL


COURTS

SUBJECT REITERATION ON THE DIRECTIVE TO COMPLY WITH


THE REGLEMENTARY PERIODS TO DECIDE CASES
AND/OR RESOLVE INCIDENTS

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."

In view thereof, all concerned Judges are REMINDED of the following:

1. To strictly observe the reglementary or prescribed periods to decide


pending cases and/or resolve incidents, and ifin the mind of the Judge
he or she could not comply with the aforementioned prescribed
period/s, he or she may ask the Court, through the Office of the Court
Administrator, for an extension of time to do so. Appended herein for
your guidance is a list of reglementary periods to decide cases and/or
resolve incidents (see Annex "A");

2. Except in certain situations under the Rules of Expedited Procedure in


the First Level Courts in which memoranda are prohibited, cases are
deemed submitted for decision upon admission of the evidence, unless
the court directs the parties to argue or to submit their respective
memoranda or any further pleadings;' and

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.?'

For your information and strict compliance.

12- September 2022

~ 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"

]Republic of the ~bilippine~


~upreme QCourt
®ffitt of tbt QCourt abmini!)trator
:Jfflanila

REGLEMENTARY PERIODS TO DECIDE CASES


AND/OR RESOLVE INCIDENTS

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. 15-06-10-SC


(Revised Guidelinesfor Continuous Trial of Criminal Cases) 2

C. A.M. No. 08-8-7-SC


(Rules on Expedited Procedures in the First Level Courts) 3

D. A.M. No. 19-10-20-SC


(2020 Guidelines for the Conduct of the Court-Annexed Mediation [CAM]
and Judicial Dispute Resolution [JDR] in Civil Cases) • 4

E. A.M. No. 17-11-03-SC (Rule on Cybercrime Warrants). 5

F. A.M. No. 21-03-02-SC


(Rules on Action for Support and Petition for Recognition and
Enforcement of Foreign Decisions or Judgments on Support) 5

G. A.M. No. 07-9-12-SC (The Rule on the Writ of Amparo) 5

H. A.M. No. 08-1-16-SC (The Rule on the Writ of Habeas Data) . 5

I. A.M. No. 21-07-22-SC


(Rule on Facilitated Naturalization of Refugees and Stateless Persons) 6

II. REGLEMENTARY PERIODS FOR COURTS UNDER


SPECIALIZED JURISDICTION
11.1 ADMIRALTY COURT

A. A.M. No. 19-08-14-SC (The Rules of Procedure for Admiralty Cases) 7

11.2 AGRARIAN COURT

A. Republic Act No. 6657 (Comprehensive Agrarian Reform Law of 1988) 8

11.3 COMMERCIAL COURT

A. A.M. No. 05-11-04-SC (Rule of Procedure in Cases of Civil Forfeiture,


Asset Preservation, and Freezing of Monetary Instrument, Property,
or Proceeds Representing, Involving, or Relating to an Unlawful Activity
or Money Laundering Offense under Republic Act No. 9160, as amended) 8

B. A.M. No. 21-03-13-SC (Rule on Asset Preservation, Seizure, and


Forfeiture in Criminal Cases under Republic Act No. 9160 as amended) 9

C. A.M. No. 01-2-04-SC (Interim Rules of Procedure


Governing Intra-Corporate Controversies under R.A. No. 8799) 10
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS

D. A.M. No. 19-12-02-SC (Rules on Liquidation of Closed Banks) 12

E. A.M. No. 10-3-10-SC (2020 Revised Rules of Procedure


for Intellectual Property Rights Cases) . 13

F. A.M. No. 02-1-06-SC (Rule on Search and Seizure in Civil Actions


for Infringement of Intellectual Property Rights) 15

G. A.M. No. 12-12-11-SC (Financial Rehabilitation Rules of Procedure) • 15


H. A.M. No. 00-8-10-SC (Rules of Procedure on Corporate Rehabilitation) 18

I. A.M. No. 15-04-06-SC (Financial Liquidation and Suspension of


Payments Rules of Procedure for Insolvent Debtors) 20

J. A.M. No. 19-08-06-SC (Rule on Administrative Search and


Inspection under the Philippine Competition Act) 21

11.4 DRUGS COURT

A. A.M. No. 21-02-01-SC (Rule on the Destruction and Disposal of


Seized Dangerous Drugs, Other Substances, and Instruments Prior
to the Filing of an Information) 22

B. A.M. No. 15-06-10-SC


(Revised Guidelines for Continuous Trial of Criminal Cases) 22

C. Republic Act No. 9165, as amended


(Comprehensive Dangerous Drugs Act of 2002) 22

11.5 ELECTION COURT

A. A.M. No. 10-4-1-SC (2022 Interim Amendments to the


2010 Rules of Procedure for Municipal Election Contests) 23

11.6 ENVIRONMENTAL COURT

A. A.M. No. 09-6-8-SC (Rules of Procedure for Environmental Cases) 23

B. Republic Act No. 8749 (Philippine Clean Air Act of 1999) 25

11.7 EXPROPRIA TION COURT

A. OCA Circular No. 12-2021 (Guidelines for the


Special Expropriation Courts for Public Roads) 25

11.8 FAMILY COURT

A. A.M. No. 02-6-02-SC (Rule on Adoption) 25

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

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REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS

D. A.M. No. 02-1-18-SC (2019 Supreme Court Revised Rule on


Children in Conflict with the Law) 28

E. A.M. No. 02-1-19-SC (Rule on Commitment of Children) 29

F. A.M. No.15-06-10-SC
(Revised Guidelines for Continuous Trial of Criminal Cases) 29

G. A.M. No. 03-04-04-SC (Rule on Custody of Minors and


Writ of Habeas Corpus in Relation to Custody of Minors) 29

III. REGLEMENTARY PERIOD PROVIDED BY LAW


A. Republic Act No. 7610 (Special Protection of Children Against Abuse,
Exploitation and Discrimination Act) as amended by Republic Act No. 9231
(An Act Providing for the Elimination of the Worst Forms of Child Labor
and Affording Stronger Protection for the Working Child, amending for this
purpose Republic Act No. 7610, as amended, otherwise known as the "Special
Protection of Children Against Child Abuse, Exploitation and
Discrimination Act) 31

B. Republic Act No. 8189 (The Voter's Registration Act of 1996) 31

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

D. Presidential Decree No. 1529 (Property Registration Decree) 31

IV. RECOMMENDATORY GUIDELINES


A. Administrative Order No. 25-2007 (Designation of Special Courts to
Hear, Try and Decide Cases Involving Killings of Political Activists and
Members of Media) 33

B. OCA Circular No. 127-2021 (Prioritization of Cases and Use of


Alternative Dispute Resolution). 33

c. OCA Circular No. 138-2022 (Prioritization and Expeditious Resolution of Cases


Involving Persons Deprived of Liberty who are Seventy [70Jyears old and above) 33

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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)

1. Certain Allowed Affirmative Defenses

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]).

4. Judgment after Pre-trial in applicable situations

Judgment shall be rendered within ninety (90) calendar days from


termination of the pre-trial (Rule 18, Section 10).

5. Promulgation of Dec is ion

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]).

6. Motion for New Trial or Reconsideration

Shall be resolved within thirty (30) days from the time it is submitted
for resolution (Rule 37, Section 4).

7. When a Writ of Preliminary Injunction was previously issued

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).

B. A.M. No. 15-06-10-SC (Revised Guidelines for Continuous Trial of


Criminal Cases)

1. Motion for Inhibition

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}).

2. Certain Allowed Meritorious Motions

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.).

3. Motion to Discharge accused as State Witness under Rule 119, Section


17

Where the prosecution is required to present evidence in support


thereof, such motion shall be submitted for resolution from the
termination of the hearing, and shall be resolved within a non-
extendible period often (10) calendar days thereafter (Rule III.2[c}).

4. Motion for Reconsideration of the Resolution of a Meritorious Motion

Shall be resolved by the court within a non-extendible period of five (5)


calendar days from the expiration of the five (5)-day period to submit
the comment (Rule III.2[c}).

5. Petition for Bail

Petition for bail shall be heard and resolved within a non-extendible


period of thirty (30) calendar days from date of the first hearing (Rule
III.I0[a}).

6. Motion for Reconsideration on the Resolution of Petition for Bail

Shall be resolved within a non-extendible period of ten (10) calendar


days from date of submission of the motion (Rule III.I0[a}).
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REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS

7. Demurrer to Evidence

The demurrer shall be resolved by the court within a non-extendible


period of thirty (30) calendar days from date of the filing of the
comment or lapse of the ten (10)-day period to file the same (Rule
III. 13[dJ).

8. Promulgation of Decision in Regular Criminal Cases

Shall not be more than ninety (90) calendar days from the date the case
is submitted for decision (Rule III. 16[aJ).

9. Resolution of Motion for Reconsideration ofjudgment of conviction or


Motionfor New Trial

Shall be resolved within a non-extendible period of ten (10) calendar


days from the submission of the comment of the prosecution. With or
without comment, the court shall resolve the motion within the ten (10)-
day period (Rule III. 16[bJ).

c. A.M. No. 08-8-7-SC (Rules on Expedited Procedures in the First Level


Courts)

1. Preliminary Conference Order under the Rule on Summary Procedure


(Civil Cases)

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).

2. Rendition of Judgment under the Rule on Summary Procedure (Civil


Cases)

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

3. Rendition of Judgment under the Rule on Summary Procedure


(Criminal Cases)

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).

4. Effect of Failure to File Response under Rule on Small Claims

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.).

5. Hearing and Promulgation of Decision under Rule on Small Claims

The court shall render judgment based on the compromise agreement


within twenty-four (24) hours, and furnish copies thereof to the parties
(Rule IV, Section 22).

If efforts at settlement fail, the court shall immediately proceed to hear


the case in an informal and expeditious manner and, thereafter, render
judgment within twenty-four (24) hours from termination of the hearing
(Id.).

D. A.M. No. 19-10-20-SC(2020 Guidelines for the Conduct of the Court-


Annexed Mediation [CAM] and Judicial Dispute Resolution [JDR] in Civil
Cases)

1. Duration of Judicial Dispute Resolution on Appeal proceedings

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).
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REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS

E. A.M. No. 17-11-03-SC(Rule on Cybercrime Warrants)

1. Period to Examine and Order to Return on Search, Seizure and


Examination of Computer Data

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).

2. Duty of the Prosecutor when Criminal Action is Instituted

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).

F. A.M. No. 21-03-02-SC(Rules on Action for Support and Petition for


Recognition and Enforcement of Foreign Decisions or Judgments on
Support)

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).

2. Decision on Petition for Recognition and Enforcement of Foreign


Decisions or Judgments on Support

The court shall act expeditiously in conducting the proceedings and


render a decision within thirty (30) calendar days from the oral offer of
evidence in accordance with Sections 34 to 40, Rule 132, 2019
Amendments to the 1989 Revised Rules on Evidence (Section 25[cJ).

G. A.M. No. 07-9-12-SC(The Rule on the Writ of Amparo)

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).

H. A.M. No. 08-1-16-SC(The Rule on the Writ of Habeas Data)

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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).

I. A.M.No. 21-07-22-SC(Rule on Facilitated Naturalization of Refugees and


Stateless Persons)

1. Trial

Upon satisfactory proof that jurisdictional requirements have been


complied with, the court shall issue a notice of hearing, which shall
contain the schedule of the trial dates, for both the petitioner and the
respondent. No petition shall be heard within thirty (30) calendar days
preceding any election. The court shall proceed to hear the petition or
joint petition on an expedited and continuous trial, which shall be
concluded within ninety (90) calendar days from the initial date of trial,
without prejudice to the suspension of the said period pursuant to the
aforementioned thirty (30)-day prohibition (Section 16).

2. Rendition of the Decision

The decision shall be rendered within ninety (90) calendar days from
the date the petition is deemed submitted for decision (Section 21).

3. Finality of the Decision

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).

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REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS

II. REGLEMENTARY PERIODS FOR COURTS UNDER


SPECIALIZED JURISDICTION

11.1 ADMIRALTY COURT

A. A.M. No. 19-08-14-SC(The Rules of Procedure for Admiralty Cases)

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).

2. Judgment on the Pleadings or Summary Judgment

Judgment shall be rendered within fifteen (15) calendar days from


termination of the pre-trial (Rule 3, Section 4).

3. Referral to Mediation

In case of an amicable settlement, the compromise agreement shall be


immediately submitted to the court, which shall render a decision based
on the compromise agreement within fifteen (15) calendar days (Rule
3, Section 5).

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).

5. Report on Arrest of Vessels, Cargo, or Freight

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).

6. Hearing on Limitation Action

After reception of the plaintiffs' and defendants' respective evidence,


the court shall conclude the hearing and submit the case for decision
within fifteen (15) calendar days (Rule 8, Section 5).

7. Order of the Court Limiting the Plaintiff's Liability

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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).

11.2 AGRARIAN COURT

A. Republic Act No. 6657 (Comprehensive Agrarian Reform Law of 1988)

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).

11.3 COMMERCIAL COURT

A. A.M. No. 05-11-04-SC(Rule of Procedure in Cases of Civil Forfeiture,


Asset Preservation, and Freezing of Monetary Instrument, Property, or
Proceeds Representing, Involving, or Relating to an Unlawful Activity or
Money Laundering Offense under Republic Act No. 9160, as amended)

1. Summary Hearing on Provisional Asset Preservation Order

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

3. Final Order on Claims Against Forfeited Assets

The court shall issue a final order on the contested claim within thirty
days from submission (Section 41).

4. Effectivity of Freeze Order

Within the twenty-day period, the court shall conduct a summary


hearing, with notice to the parties, to determine whether or not to
modify or lift the freeze order, or extend its effectivity as hereinafter
provided (Section 53[a}).

B. A.M.No. 21-03-13-SC(Rule on Asset Preservation, Seizure, and Forfeiture


in Criminal Cases under Republic Act No. 9160 as amended)

1. Summary Hearing on Provisional Asset Preservation Order

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).

2. Discharge of an Asset Preservation Order

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).

3. Asset Preservation Order on Perishable Property, including Property


Disproportionately Expensive to keep

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).

4. Summary Hearing on the Forfeiture of Preserved Property

The court shall immediately schedule a summary hearing upon receipt


of the comment or opposition, during which the convicted person may
for good cause show why the forfeiture order should not be issued. The
court shall resolve the motion within ten (10) calendar days from its
submission for resolution (Section 20).

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REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS

5. Motion/or Declaration by Third-Party Claimant

The court may, without hearing, issue an appropriate order approving


any claim either admitted or not contested by the State. Upon the filing
of a comment or opposition contesting the claim, the court shall set a
hearing within fifteen (15) calendar days from notice to the parties. The
court shall issue a final order on the contested claim within fifteen (15)
calendar days from submission for resolution thereof (Section 24).

c. A.M. No. Ol-2-04-SC (Interim Rules of Procedure Governing Intra-


Corporate Controversies under R.A. No. 8799)

1. Objections on Mode of Discovery

The court shall rule on the objections not later than fifteen (15) days
from the filing thereof (Rule 3, Section 2).

2. Termination of Preliminary Conference

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).

3. Judgment before Pre- Trial

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).

4. Pre- Trial Order and Judgment after Pre- Trial

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).

6. Ruling on Written Offer of Evidence

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).

7. Decision after Trial

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).

8. Duty of the Court upon the filing of the Complaint in an Election


Contest

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).

9. Effect of Failure to Answer in an Election Contest

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).

10. Trial in an Election Contest

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).

11. Decision in an Election Contest

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).

13. Effect of Failure to Answer in Disputes exclusively involving the Rights


of Stockholders or Members in the Inspection of Corporate Books and
Records

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).

14. Decision in Disputes exclusively involving the Rights of Stockholders


or Members in the Inspection of Corporate Books and Records

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).

D. A.M. No. 19-12-02-SC(Rules on Liquidation of Closed Banks)

1. When Petition for Assistance in the Liquidation (PAL) is Not Sufficient


in Form and Substance

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).

2. Order Giving Due Course

After being satisfied that the jurisdictional requirements have been


complied with, the court shall, within a period of not more than ten (10)
days from the date of the Order submitting the Petition for Assistance
in the Liquidation (PAL) for resolution, issue an Order giving due
course to the PAL and constituting itself as the Liquidation Court of the
closed bank with authority to receive and pass upon claims against the
assets of the bank, monitor the timely reports of the Receiver, and
approve the Asset Distribution Plan (Rule 4, Section 8).

3. Resolution on Claims Against the Assets of Closed Banks

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

Verified Claim based on the pleadings, affidavits, and evidence


submitted and without need of a full-blown trial (Rule 5, Section 5).

4. Judgment on the Pleadings on Claims Against the Assets of Closed


Banks

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).

5. Decision on Claims Against the Assets of Closed Banks

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).

6. Order Setting the Motion for Hearing on Approval of the Asset


Distribution Plan (ADP)

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).

7. Resolution of the Motion on Approval and Implementation of the


Partial or Final Asset Distribution Plan (ADP)

On the basis of the pleadings submitted and without need of a full-


blown trial, the Liquidation Court may approve or disapprove the
motion, in whole or in part, or order the amendment of the Partial or
Final ADP within forty-five (45) days from submission of the motion
for resolution (Rule 8, Section 6).

E. A.M. No. lO-3-10-SC(2020 Revised Rules of Procedure for Intellectual


Property Rights Cases)

1. Objections on Modes of Discovery

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

to an expert or committee of experts under Section 4 of Rule 17 (Rule


6, Section 9).

3. Clarification Hearing

Immediately after termination of such clarification hearing( s), the court


shall order the parties to file, within ten (10) calendar days from such
date, their respective position papers as required under Section 7 of the
preceding Rule (Rule 7, Section 1).

4. Clarification Hearing or Hearings Following Submission of Position


Papers

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).

5. When to Render Judgment (Civil Procedure)

Where the case is submitted for decision immediately after pre-trial in


accordance with Section 4(i)(i) of Rule 6, the court shall render
judgment within sixty (60) calendar days after pre-trial (Rule 8, Section
1).

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.).

When a clarification hearing is conducted under Section 2 of Rule 7,


the court shall render judgment within sixty (60) calendar days from the
termination of the last clarification hearing (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.).

6. When Warrant of Arrest may issue

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

7. Disposition of Good Seized pursuant to Search Warrant

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

Whether on the basis of the stipulations and admissions made by the


parties and upon agreement of the parties, judgment may be rendered
without need of further proceedings, in which event judgment shall
rendered within thirty (30) calendar days from issuance of the order
(Rule 13, Section 4).

9. Demurrer to Evidence

The demurrer shall be resolved by the court within a non-extendible


period of thirty (30) calendar days from date of the filing of the
comment or lapse of the period to file the same (Rule 14, Section 3).

10. Judgment (Criminal Procedure)

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).

F. A.M. No. 02-1-06-SC(Rule on Search and Seizure in Civil Actions for


Infringement of Intellectual Property Rights)

1. Examination of Applicant

The application shall be acted upon within twenty-four (24) hours from
its filing (Section 5).

G. A.M. No. 12-12-11-SC(Financial Rehabilitation Rules of Procedure)

1. Action on the Petition on Court-Supervised Rehabilitation

If the court finds the petition for rehabilitation to be sufficient in form


and substance, it shall, within five (5) working days from the filing of
the petition, issue a Commencement Order (Rule 2, Section 7).

2. Additional Hearings on Court-Supervised Rehabilitation

The court may hold additional hearings as may be necessary to continue


the initial hearing process but these hearings must be concluded not

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).

3. Giving Due Course to or Dismissal of Petition, or Conversion of


Proceedings

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).

4. Sale or Disposal of Encumbered Property of the Debtor and Assets of


Third Parties Held by Debtor

The affected party is given a non-extendible period of three (3) days


from receipt of the motion within which to file his comment or
opposition. The court shall resolve the motion within five (5) days from
the date of the hearing (Rule 2, Section 49[C}).

5. Creditor Approval of Rehabilitation Plan

Notwithstanding the rejection of the Rehabilitation Plan, the court may,


motu proprio or upon motion of any interested party within ten (10)
days from notice of the rejection of the Rehabilitation Plan, confirm the
Plan (Rule 2, Section 62).

6. Submission of Rehabilitation Plan to the Court

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).

7. Hearing on the Objections

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).

8. Periodfor Confirmation of the Rehabilitation Plan

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).

9. Amendments to the Approved Rehabilitation Plan


16
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS

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.).

10. Issuance of Order on Pre-Negotiated Rehabilitation

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).

11. Approval of Plan on Pre-Negotiated Rehabilitation

If no verified objection to the petition or the Rehabilitation Plan is filed


within eight (8) days from the date of the second publication of the
Order, the court shall approve the rehabilitation plan within ten (10)
days from the date of the second publication of such order (Rule 3,
Section 4).

12. Hearing on the Objections and Comments on Pre-Negotiated


Rehab ilitation

After receipt of objections under Section S and comments under Section


6, both of this Rule, the court shall set the case for hearing not earlier
that twenty (20) days nor later than thirty (30) days from the date of the
second publication of the Order issued pursuant to Section 2 of this
Rule. If the court finds the objection meritorious, it shall direct the
debtor, when feasible, to cure the defect within fifteen (IS) days from
receipt of the order (Rule 3, Section 7).

13. Period for Approval of Rehabilitation Plan on Pre-Negotiated


Rehabilitation

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).

14. Service of Summons on Out-of-Court or Informal Restructuring


Agreement or Rehabilitation Plan

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).

17
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS

15. Court Order on Petition on Out-of-Court or Informal Restructuring


Agreement or Rehabilitation Plan

If the court determines that there is no genuine issue of material fact,


the court shall rule whether the petition shall be granted. The court shall
issue the order within five (5) days from receipt of the comment or
opposition (Rule 4, Section 14).

16. Summary Hearing on Out-of-Court or Informal Restructuring


Agreement or Rehabilitation Plan

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.).

17. Notice of Filing of Petition for Recognition on Cross-Border Insolvency


Proceedings

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).

18. Period to Recognize Foreign Proceeding on Cross-Border Insolvency


Proceedings

A petition for recognition of a foreign proceeding shall be decided


within thirty (30) days from its filing (Rule 5, Section 9).

H. A.M. No. 00-8-10-SC (Rules of Procedure on Corporate Rehabilitation)

[Nota BeneJ

A.M. No. 00-8-10-SC shall apply to petitions for rehabilitation of


corporations, partnerships and associations pursuant to Presidential Decree
No. 902-A, as amended (Rule 1, Section 1).

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).

These Rules shall similarly govern all further proceedings in suspension of


payments and rehabilitation cases already pending, except to the extent that,
in the opinion of the court, its application would not be feasible or would work
18
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS

injustice, in which event the procedures originally applicable shall


continue to govern (Id.). [emphasis added]

1. Stay Order

If the court finds the petition to be sufficient in form and substance, it


shall, not later than five (5) working days from the filing of the petition,
issue an order (Rule 3, Section 7).

2. Revocation of Rehabilitation Plan on Grounds of Fraud

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).

3. Additional Hearings on Debtor-Initiated Rehabilitation

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).

4. Order After Initial Hearing on Debtor-Initiated Rehabilitation

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}).

5. Period to Decide Petition on Debtor-Initiated Rehabilitation

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

6. Issuance of Order on Pre-Negotiated Rehabilitation

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).

7. Approval a/Plan on Pre-Negotiated Rehabilitation

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).

8. Hearing on Objections on Pre-Negotiated Rehabilitation

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).

9. Period for Approval of Rehabilitation Plan on Pre-Negotiated


Rehabilitation

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).

10. Period to Recognize Foreign Proceeding

A petition for recognition of a foreign proceeding shall be decided


within thirty (30) days from the filing thereof (Rule 7, Section 5).

I. A.M.No. 15-04-06-SC(Financial Liquidation and Suspension of Payments


Rules of Procedure for Insolvent Debtors)

1. Action on the Petition or Motion on Liquidation of Insolvent Juridical


Debtors

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).

2. Action on the Petition on Suspension of Payments

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).

3. Rejection of the Debtor's Proposal and Dismissal of the Petition


20
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS

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).

4. Objections to the Approval of the Debtor's Proposal or any Amendment


thereto

If the proposal of the debtor, or any amendment thereto, made during


the creditors' meeting, is approved by the majority of creditors in
accordance with Section 6 of this Rule, any creditor who attended the
meeting and who dissented from and protested against the vote of the
majority may file an objection with the court within ten (10) days from
the date of the meeting (Rule 3, Section 8).

The court shall hear and pass upon such objection in a summary
manner, within thirty (30) days from the filing of the objection (Jd.).

S. Action on the Petition on Voluntary Liquidation

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).

6. Order for Debtor to Show Cause

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).

7. Actions for Rescission or Nullity

If the liquidator does not consent to the filing or prosecution of such


action, any creditor may seek leave of the court to commence and
prosecute said action. The court shall have five (S) working days to act
on the motion for leave to commence or prosecute an action (Rule 4,
Section 22).

J. A.M. No. 19-08-06-SC (Rule on Administrative Search and Inspection


under the Philippine Competition Act)

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

11.4 DRUGS COURT

A. A.M. No. 21-02-01-SC (Rule on the Destruction and Disposal of Seized


Dangerous Drugs, Other Substances, and Instruments Prior to the Filing
of an Information)

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).

2. Order for Retention of Representative Sample

Within twenty-four (24) hours from the conduct of the ocular


inspection, the court shall order the retention of a representative sample
of the seized drugs which shall be kept in the forensic laboratory of the
operating unit which seized the drugs. In cases where the seized drugs
are physically brought to the court, the court shall order the retention of
the representative sample of the seized drugs also within twenty-four
(24) hours therefrom (Section 3).

3. Order for Destruction and Disposal

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).

B. A.M. No. 15-06-10-SC (Revised Guidelines for Continuous Trial of


Criminal Cases)

1. Petition for Bail

Petition for bail shall be heard and resolved within twenty (20) calendar
days (Rule III.10[a}).

C. Republic Act No. 9165, as amended (Comprehensive Dangerous Drugs Act


of 2002)

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

11.5 ELECTION COURT

A. A.M. No. lO-4-1-SC (2022 Interim Amendments to the 2010 Rules of


Procedure for Municipal Election Contests)

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).

11.6 ENVIRONMENTAL COURT

A. A.M. No. 09-6-8-SC(Rules of Procedure for Environmental Cases)

1. Pre- Trial Order

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).

2. Submission of Casefor Decision

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).

3. Period to Try and Decide

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).

The court shall prioritize the adjudication of environmental cases (Id.).

4. Resolution of the Defense of a Strategic Lawsuit Against Public


Participation (SLAPP)

The affirmative defense of a SLAPP shall be resolved within thirty (30)


days after the summary hearing (Rule 6, Section 4).

23
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS

5. Hearing of Writ of Kalikasan

The hearing including the preliminary conference shall not extend


beyond sixty (60) days and shall be given the same priority as petitions
for the writs of habeas corpus, amparo and habeas data (Rule 7,
Section 11).

6. Judgment on the Writ of Kalikasan

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).

7. Proceedings after comment is filed in Writ of Continuing Mandamus

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).

9. Setting of Pre- Trial Conference

After the arraignment, the court shall set the pre-trial conference within
thirty (30) days (Rule 16, Section 1).

10. Pre-Trial Order

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).

11. Continuous Trial

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).

12. Promulgation of Decision

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).

13. Disposition Period

The court shall dispose the case within a period often (l0) months from
the date of arraignment (Rule 17, Section 4).

B. Republic Act No. 8749 (Philippine Clean Air Act of 1999)

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).

II. 7 EXPROPRIATION COURT

A. OCA Circular No. 12-2021 (Guidelines for the Special Expropriation


Courts for Public Roads)

1. Trial and Judgment

Expropriation cases referred to herein shall strictly comply with the


2019 Proposed Amendments to the 1997 Rules of Civil Procedure
where trial shall be terminated within one hundred eighty (180) days
from the initial presentation of evidence. Judgment shall be rendered
within ninety (90) days from submission for decision unless otherwise
provided by law or the Court (Item 5).

2. Determination of Just Compensation

In instances where the sole issue in the expropriation case is the


determination of just compensation, and the owner of the property
contests the implementing agency's proffered value, the court shall
determine the just compensation to be paid to the owner within sixty
(60) days from the date of filing of the expropriation case pursuant to
Section 6(f) of Republic Act No. 10752 (Item 6).

11.8 FAMILY COURT

A. A.M. No. 02-6-02-SC(Rule on Adoption)

[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).

2. Pursuant to R.A. No. 11642, adoption proceedings are now


administrative.

3. Per Section 56 ofR.A. No 11642, "[a]lljudicial petitions for domestic


adoption pending in court upon the effectivity of the Act may be
immediately withdrawn, and the parties to the same shall be given the
option to avail of the benefits of the Act."

4. The phrase ''judicial proceedings pending in court" refers to all cases


already filed in court upon the effectivity of the law, regardless of the
stage of the proceedings, applying the principle "when the law does not
distinguish, the court should not distinguish (expressio unius est
exclusio alterius).

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.

7. The courts shall require the petitioner/s in adoption cases to manifest


their intent to withdraw the petition within a given period, failing
which, the court shall inform the parties that the court will proceed to
hear and decide the case, and the petitioner/s shall be deemed to have
waived the option to withdraw the petition under Section 56 of R.A.
No. 11642. Should the petitioner/s avail of the provisions of R.A. No.
11642 without first withdrawing the petition for adoption, petitioner/s
and counsel shall be subject to appropriate sanctions under the Rules of
Court.

8. The Rule on Adoption which covers the domestic adoption of Filipino


children is therefore rendered ineffective, except insofar as petitions
for adoption which have not been withdrawn from the courts
pursuant to Section 56 ofR.A. No. 11642 are concerned. In such cases,
the existing Rule on Adoption shall be applied.

9. All pending inter-country adoption petitions filed in court pursuant to


the provisions under part B of the Rule on Adoption shall be dismissed.
[emphasis added]

B. A.M. No. 04-10-11-SC (Rule on Violence Against Women and their


Children)
26
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS

1. Protection Order issued after Preliminary Conference

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).

2. Order for Further Hearing

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).

3. Period to hear Petition

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).

2. Serious Crimes Committed by Children Who are Exemptfrom Criminal


Responsibility

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).

D. A.M. No. 02-1-18-SC(2019 Supreme Court Revised Rule on Children in


Conflict with the Law)

1. Burden of Proof of Age

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).

2. Procedure for Handling a Child Exempted from Criminal Liability Who


Commits Serious Crimes

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).

3. Hearing of Diversion Program

The court shall act on the recommendation within five (5) days from
the termination of the hearing (Section 33).

4. Report of Social Worker

The report and recommendation shall be heard by the court within


fifteen (15) days from receipt, with notice to the members of the
Committee, the child, the mother or father, or the appropriate guardian
or custodian, or in the absence thereof, the nearest relative, the child's
counsel, and the complainant, his or her father or mother, or guardian,
or in the absence thereof the nearest relative, if a minor, and his or her
counsel (Section 35).

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).

E. A.M. No. 02-1-19-SC (Rule on Commitment of Children)

1. Notice of Hearing on Restoration of Parental Authority After


Involuntary Commitment

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).

F. A.M. No. lS-06-10-SC (Revised Guidelines for Continuous Trial of


Criminal Cases)

[Nota BeneJ

Acting on Resolution No. 05-2018 of the Committee on Family Courts and


Juvenile Concerns, the Court Resolved to approve the applicability of the
Revised Guidelines for Continuous Trial of Criminal Case to Family
Courts and Regional Trial Courts Handling Family Court Cases with the
following modifications:

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.

2. Family Courts shall adhere to the one (I)-day examination of witness


rule only insofar as practicable.

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.

G. A.M. No. 03-04-04-SC (Rule on Custody of Minors and Writ of Habeas


Corpus in Relation to Custody of Minors)

29
REGLEMENTARY PERIODS TO DECIDE CASES AND/OR RESOLVE INCIDENTS

1. Notice of Mandatory Pre- Trial

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

III. REGLEMENTARY PERIOD PROVIDED BY LAW

A. Republic Act No. 7610 (Special Protection of Children Against Abuse,


Exploitation and Discrimination Act) as amended by Republic Act No.
9231 (An Act Providing for the Elimination of the Worst Forms of Child
Labor and Affording Stronger Protection for the Working Child, amending
for this purpose Republic Act No. 7610, as amended, otherwise known as
the "Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act)

1. Promulgation of Decision

Decision on said cases shall be rendered within a period of fifteen (15)


days from the date of the submission of the case (Section 16-A).

B. Republic Act No. 8189 (The Voter's Registration Act of 1996)

1. Judicial Proceedings in the Matter of Inclusion, Exclusion, and


Correction of Names of Voters

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. Designation of Regional Trial Courts

The Supreme Court may designate Regional Trial Courts to act as


commissioners with the sole function of receiving facts of the case
involving acquisition clearance and development of right-of-way for
government infrastructure projects. The designated Regional Trial
Court shall within thirty (30) days from the date of receipt of the
referral, forwards its findings of facts to the Supreme Court for
appropriate action (Section 5).

D. Presidential Decree No. 1529 (Property Registration Decree)

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

IV. RECOMMENDATORY GUIDELINES

A. Administrative Order No. 25-2007(Designation of Special Courts to Hear,


Try and Decide Cases Involving Killings of Political Activists and Members
of Media)

1. The cases referred to herein shall undergo mandatory continuous trial


and shall be terminated within sixty (60) days from commencement of
trial. Judgment thereon shall be rendered within thirty (30) days from
submission for decision unless a shorter period is provided by law or
otherwise directed by this Court.

B. OCA Circular No. 127-2021(Prioritization of Cases and Use of Alternative


Dispute Resolution)

1. Judges are enjoined to give primacy to cases involving women and


children; cases with urgent reliefs, such as cases where applications for
temporary restraining order, writ of preliminary injunction, and
protection orders were granted, and applications for writ of habeas
corpus, writ of amparo and habeas data, and writ of kalikasan; cases
that involve government expropriation and infrastructure projects
(including energy transmission projects); commercial-and-economic-
impact cases; as well as motions and interlocutory incidents that affect
the liberty of the accused in criminal cases, and the integrity and dignity
of human life in all cases.

2. Strongly encourage litigants to resort to mediation, judicial dispute


resolution, and other forms of alternative dispute resolutions, in and out
of the court, in order to dispose of cases with less time and effort on the
judges' part, and with less expense on the part of the litigants.

C. OCA Circular No. 138-2022(Prioritization and Expeditious Resolution of


Cases Involving Persons Deprived of Liberty who are Seventy [70Jyears old
and above)

1. In the interest of efficient administration ofjustice and for humanitarian


considerations, all concerned judges of the first and second level courts
are hereby enjoined to prioritize and expedite the disposition of cases
involving elderly Persons Deprived of Liberty (PDLs) who are seventy
(70) years old and above.

-END-

MMAJ ACIJLynkIReglementary _Periods

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