CIRCULAR NO. 20 October 4, 1979

SUPREME COURT CIRCULARS AND ORDERS

TO: TO ALL EXECUTIVE JUDGES OF THE COURTS OF FIRST INSTANCE AND CITY COURTS

SUBJECT: AMENDMENT TO PARAGRAPH III, SUBPARAGRAPH 2 OF CIRCULAR NO. 7, DATED SEPTEMBER 23, 1974, RE-RAFFLE OF CASES

In view of the delay in the disposition of criminal cases brought about by the present practice of raffling of cases among all branches of the court in one station including vacant salas without a detailed judge, henceforth, all vacant salas without judges on temporary assignment or detail therein or where the judge is on an extended leave of more than 30 days, shall be excluded from the raffle of criminal cases: provided that once the vacancies are filled or the absent judge has returned, the sala shall be assigned such number of cases as will equalize its caseload equitably with the rest of the other branches in the same station.

Furthermore, criminal cases involving detention prisoners and previously raffled to vacant salas as above stated (whether or not the trial has been started or the case has been submitted for decision)shall be re-raffled to the other salas with incumbent judges.

The Executive Judges shall within their administrative areas direct the judges of the City Courts and Municipal Courts with multiple salas to likewise adopt and observe the above procedure in the raffle and distribution of cases among them.

Where a person is charged with any offense contemplated by Republic Act No. 6036 (copy attached), the Judge should as therein provided order the release of the accused on recognizance instead of requiring bail.

The practice of including vacant salas in the raffling of criminal cases as prescribed in paragraph III, subparagraph 2, of Circular No. 7, dated September 23, 1974, is hereby amended accordingly.

October 4, 1979.

(Sgd.) CLAUDIO TEEHANKEE

Acting Chief Justice

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