~blit of tite 'ltilippimB;'upnltu (1lourt

®£fict af tlte Cllaurt!'.b'minietratat.#Banila

CIRCULAR NO. 11 - 99

TO THE JUDGES AND CLERKS OF COURTSOF THE REGIONAL TRIAL COURTS,METROPOLITAN TRIAL COURTS,MUNICIPAL TRIAL COURTS IN CITIES,MUNICIPAL TRIAL COURTS ANDMUNICIPAL CIRCUIT TRIAL COURTS

TRANSFER TO THE REGIONAL TRIALCOURTS OF CASES FALLING WITHINTHE JURISDICTION OF THE FAMILYCOURTS FROM THE METROPOLITANTRIAL COURTS, MUNICIPAL TRIALCOURT IN CITIES, MUNICIPAL TRIAL -,COURTS AND MUNICIPAL CIRCUIT TRIALCOURTS

SUBJECT:

For the information and guidance of all concerned, quotedhereunder is the resolution of the Court En Banc datedFebruary 9,1999 in A.M. No. 99-1-13-SC - Re: Transfer toRegional Trial Courts of cases falling within the jurisdiction ofthe family courts from the Metropolitan Trial Courts, MunicipalTrial Courts in Cities, Municipal Trial Courts and MunicipalCircuit Trial Courts.

"WHEREAS, Section 32 of the JudiciaryReorganization Act of 1980, as amended byRepublic Act No. 7691, provides, on the one hand,that the Metropolitan Trial Courts, Municipal TrialCourts in Cities, Municipal Trial Courts andMunicipal Circuit Trial Courts shall exerciseexclusive original jurisdiction over, among others,'all offenses punishable with imprisonment notexceeding six (6) years irrespective of the amountof fine, and regardless of other imposableaccessory or other penalties, including the civilliability arising from such offenses or predicatedthereon, irrespective of kind, nature, value oramount thereof xxx.'

WHEREAS, on the other hand, Section 5 ofRepublic Act No. 8369, otherwise known as theFamily Courts Act of 1997, provides that the Family

1

-.

Courts shall have original jurisdiction to hear anddecide the following cases, regardless of thepenalty imposable by law:

'a) Criminal cases where one or moreof the accused is below eighteen (18) yearsof age but not less than nine (9) years of age,or one or more of the victims is a minorat the time of the commission of theoffense. xxx

h) Cases against minors cognizable underthe Dangerous Drugs Act, as amended; [and]

i) Violations of Republic Act No. 7610,otherwise known as the 'Special Protectionof Children Against Child Abuse, Exploitationand Discrimination Act,' as amended byRepublic Act No. 7658.'

WHEREAS, pending the constitution andorganization of the Family Courts and thedesignation of branches of the Regional Trial Courtsas Family Courts in accordance with Section 17(Transitory Provisions) of R.A. No. 8369, there isneed to provide guidelines in the hearing anddetermination of criminal cases falling within thejurisdiction of Family Courts which have heretoforebeen filed with first level courts.

NOW, THEREFORE, the Court hasRESOLVED, as it hereby resolves, that all criminalcases within the jurisdiction of the Family Courtsfiled with the first level courts shall be transferred tothe Regional Trial Courts which shall takecognizance thereof as follows:

Section 1. Inventory of cases. -- All judges ofMetropolitan Trial Courts, Municipal Trial Courts in Cities,Municipal Trial Courts and Municipal Circuit Trial Courtsshall cause (1) the taking of an inventory within ten (10)days from receipt of a copy of this issuance of all criminalcases falling within the jurisdiction of the Family Courts filedwith their respective courts; and (2) the preparation of theappropriate inventory list. The list shall indicate the casenumber and the status of each case - whether for pre-trial,trial or submitted for decision. A copy of the list shall besubmitted to the Court Management Office (Attention: The

2

"1

Chief, Statistical Reports Division) of the Office of the CourtAdministrator.

Sec. 2. Transfer of cases in provinces or citieswith only a single '. .sala Regional Trial Court. - Where theRegional Trial Court of the province or city has a single sala,judges of the Municipal Trial Courts in Cities, Municipal TrialCourts and Municipal Circuit Trial Courts within theadministrative area of the said Regional Trial Court shallforward the listed cases, together with the correspondingrecords, to the Regional Trial Court within five (5) days fromthe completion of the inventory, except the cases which havealready been submitted for decision as of the effectivity ofthis Resolution.

Sec. 3. Transfer of cases in provinces or citieswith multiple sa/a Regional Trial; Court. -- Where theRegional Trial Court of the province or city has two (2) ormore branches, judges of the Metropolitan Trial Courts,Municipal Trial Courts in Cities, Municipal Trial Courts, andMunicipal Circuit Trial Courts within the administrative areaof the said Regional Trial Court shall submit the listed cases,together with the corresponding records, except the caseswhich have already been submitted for decision as of theeffectivity of this Resolution, to the Executive Judge of theRegional Trial Court. The said Executive Judge shall theneffect the distribution of the listed cases to the branch orbranches of the Regional Trial Court designated to handlejuvenile and domestic relations cases and cases involvingyouthful offenders.

(a) In case only one (1) branch of the RegionalTrial Court has been designated. to handlejuvenile and domestic relations cases andcases involving youthful offenders, theExecutive Judge shall cause the transfer ofthe listed cases to the Regional TrialCourt branch so designated immediatelyafter receipt of the records.

(b) In case two (2) or more branches of theRegional Trial Court have been designatedto handle. the aforementioned cases, theExecutive Judge shall, within ten (10) daysfrom receipt of the records, conduct theraffle, with notice to the parties, anddistribute the cases, together with therecords to the Regional Trial Courtbranches involved.

c) In provinces or cities with multiple -salaRegional Trial Court but no branch orbranches thereof have been designated to

3

handle juvenile and domestic relationscases or cases involving youthfuloffenders, the Executive Judge shallconduct the appropriate raffle anddistribute the said cases, together withthe records, to the branches of theRegional Trial Court within ten (10)days from receipt of such records.

Sec. 4. Resolution of and decision on casesalready submitted for decision. - Cases which havealready been submitted for decision before the effectivityof this Resolution in Metropolitan Trial Courts,Municipal Trial Courts in Cities, Municipal Trial Courts,and Municipal Circuit Trial Courts in which they havebeen filed and heard shall be resolved by such courts, asthe case may be.

Sec. 5. Publication and effectivity. ThisResolution shall take effect on 1 March 1999 and shall bepublished in two (2) newspapers of general circulation inthe Philippines before 15 February 1999.

Promulgated this 9th day of February, 1999."

February 23, 1999.

~ .ALFREDO L BENIPAY~ l

Court Administrator

TeB/norms/cir-en banc

4

-

·,'t.. ~ • I ..

EOFTHF

~puhlic of tll.e~ilippin.ez~upr.em~ ([ourt

~:nila

fEs j 7~"99

EN BANC

A.M. No. 99-1-13-SC

RE c s :V [; ~:cotmx J\1,ANAF"'" "-'"

BY: , ..]!!!.d.!.~AI _.'DATE " ..J....~/?_:~c;.'''T'I'''''' ;,,'7// I ./.'... ! :U'j ... J ,I .

TRANSFER TO REGIONAL TRIAL COURTS OF CASES FALLING WITHINTHE JURISDICTION OF THE FAMILY COURTS FROM

THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIALCOURTS IN CITIES, MUNICIPAL TRIAL COURTS AND

MUNICIPAL CIRCUIT TRIAL COURTS

WHEREAS,Section 32 of the Judiciary Reorganization Act of 1980, as

amended by Republic Act No. 7691, provides, on the one hand, that the

Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial

Courts and Municipal Circuit Trial Courts shall exercise exclusive original

jurisdiction over, among others, "all offenses punishable with imprisonment

not exceeding six (6) years irrespective of the amount of fine, and regardless

of other imposable accessory or other penalties, including the civil liability.. .arising from such offenses or predicated thereon, irrespective of kind,

nature, value or amount thereof xxx."

WHEREAS,on the other hand, Section 5 of Republic Act No. 8369,

otherwise known as the Family Courts Act of 1997, provides that the Family

Courts shall have original jurisdiction to hear and decide the following

cases, regardless of the penalty imposable by law:

"a) Criminal cases where one or more of the accused is below eighteen(18) years of age but not less than nine (9) years of age, or one ormore of the victims is a minor at the time of the commission of theoffense. xxx '

h) Cases against minors cognizable under the Dangerous Drugs Act, asamended; [and]

i) Violations of Republic Act No. 7610, otherwise known as the 'SpecialProtection of Children Against Child Abuse, Exploitation andDiscrimination Act,' as amended by Republic Act No. 7658."

Resolution, A.M. No. 99-1-13-SC, Page 2

i) Violations of Republic Act No. 7610, otherwise known as the 'SpecialProtection of Children Against Child Abuse, Exploitation andDiscrimination Act,' as amended by Republic Act No. 7658."

WHEREAS,pending the constitution and organization of the Family

Courts and the designation of branches of the Regional Trial Courts as

Family Courts in accordance with Section 17 (Transitory Provisions) of R.A.

No. 8369, there is need to provide guidelines in the hearing and

determination of criminal cases falling within the jurisdiction of Family

Courts which have heretofore been filed with first level courts.

NOW, THEREFORE,the Court has RESOLVED,as it hereby resolves,

that all criminal cases within the jurisdiction of the Family Courts filed with

the first level courts shall be transferred to the Regional Trial Courts which

shall take cognizance thereof as follows:

Section 1. Inventory of cases. -- All Judges of Metropolitan TrialCourts, Municipal Trial Courts in Cities, Municipal Trial Courts andMunicipal Circuit Trial Courts shall cause (1) the taking of an inventorywithin ten (10) days from receipt of a copy of this issuance of all criminalcases falling within the jurisdiction of the Family Courts filed with theirrespective courts; and (2) the preparation of the appropriate inventory list.The list shall indicate the case number and the status of each case - whetherfor pre-trial, trial or submitted for decision. A copy of the list shall besubmitted to the Court Management Office (Attention: The Chief, StatisticalReports Division) of the Office of the Court Administrator.

Sec. 2. Transfer of cases in provinces or cities with only a single salaRegional Trial Court. -- Where the Regional Trial Court of the province orcity has a single sala, judges of the Municipal Trial Courts in Cities,Municipal Trial Courts and Municipal Circuit Trial Courts within theadministrative area of the said Regional Trial Court shall forward the listedcases, together with the corresponding records, to the Regional Trial Courtwithin five (5) days from the completion of the inventory, except the caseswhich have already been submitted for decision as of the effectivity of thisResolution.

Sec. 3. Transfer of cases in provinces or cities with multiple salaRegional Trial Court. -- Where the Regional Trial Court of the province orcity has two (2) or more branches, judges of the Metropolitan Trial Courts,Municipal Trial Courts in Cities, Municipal Trial Courts and MunicipalCircuit Trial Courts within the administrative area of the said Regional TrialCourt shall submit the listed cases, together with the corresponding records,

Resolution, A.Nl. No. 99-1-13-SC, Page 3

except the cases which have already been submitted for decision as of theeffectivity of this Resolution, to the Executive Judge of the Regional TrialCourt. The said Executive Judge shall then effect the distribution of thelisted cases to the branch or branches of the Regional Trial Court designatedto handle juvenile and domestic relations cases and cases involving youthfuloffenders.

(a) In case only one (1) branch of the Regional Trial Court has beendesignated to handle juvenile and domestic relations cases and casesinvolving youthful offenders, the Executive judge shall cause the transferof the listed cases to the Regional Trial Court branch so designatedimmediately after receipt of the records.

(b) In case two (2) or more branches of the Regional Trial Court have beendesignated to handle the aforementioned cases, the Executive judge shall,within ten (10) days from receipt of the records, conduct the raffle, withnotice to the parties, and distribute the cases, together with the records tothe RegionalTrial Court branches involved.

(c) In provinces or cities with multiple-sala Regional Trial Court but nobranch or branches thereof have been designated to handle juvenile anddomestic relations cases or cases involving youthful offenders, theExecutivejudge shall conduct the appropriate raffle and distribute the saidcases, together with the records, to the branches of the Regional TrialCourt within ten (10) days from receipt of such records.

Sec. 4. Resolution of and decision on cases already submitted fordecision. -- Cases which have already been submitted for decision beforethe effectivity of this Resolution in Metropolitan Trial Courts, MunicipalTrial Courts in Cities, Municipal Trial Courts, and Municipal Circuit TrialCourts in which they have been filed and heard shall be resolved by suchcourts, as the case may be.

Sec. 5. Publication and effectivity. -- This Resolution shall take effecton 1 March 1999 and shall be published in two (2) newspapers of generalcirculation in the Philippines before 15 February 1999.

Promulgated this 9th day of February 1999.

'</4.1' ~~~ILAItrO G. DAVID ,JR.'.

Chiefjustice

~~FLERIDARUTH P. ROMERO

AssociateJusticeJ~SILW

AssociateJustice

Resolution, A.M. No. 99-1-13-SC, Page 4

~~oP'pu~Associate Justice

..- SANTIAGO PUNANAssociate ustice

~0ed6~VICENfE V. MENDOZA

Associate JusticeARTEMIO V. PANGANIBAN

Associate Justice

4#1;LEONARDO A. QUISUMBING

Associate Justice

•... '.

-L~~FIDEL P. PURISlMA

Associate Justice

BERNARDO P. PARDOAssociate Justice

MINER~REYESAssociate Justice