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This web page features the full text of
US Supreme Court Decisions ADMINISTRATIVE CIRCULAR NO. 3-94.
The Business Page ADMINISTRATIVE CIRCULAR NO. 3-94
[Amending Administrative Circular No. 1-94 dated Jan. 14, 1994]
ChanRobles Virtual Law Library
TO: TO ALL EXECUTIVE JUDGES AND PRESIDING JUDGES OF THE
LawList - FREE LISTING DATABANK
REGIONAL TRIAL COURTS

SUBJECT: GUIDELINES IN THE DISTRIBUTION OF CASES AMONG

REASSIGNED JUDGES AND THOSE OF NEWLY CREATED BRANCHES.

On-Line Bar In the interest of prompt and expeditious disposition of cases, the following
rules shall be strictly complied with in the distribution of cases among re-
Review assigned judges and those newly created branches: chanrobles virtual law library

A. DISTRIBUTION OF CASES AMONG RE-ASSIGNED JUDGES

There are complaints that cases are shuffled from one judge to another
resulting in the interruption and delay in the hearing and disposition of cases. cralaw

[1] In order to minimize if not avoid public criticism, every trial judge who
has started hearing a case shall continue to hear and decide the case even
if a new judge is appointed or designated to replace him. For this purpose,
the re-assigned judge shall in the meantime be considered Assisting Judge
of the branch to which he was formerly assigned. If the re-assigned judge
is only transferred to another branch in the same seat, the case shall be
transferred to the branch to which he is assigned. He shall endeavor to so
adjust his calendar as to enable him to dispose of his cases efficiently in
his original as well as in his present assignment.

Examples: chanroblesvirtuallawlibrary

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MCLE: (a) If Judge A who is designated Acting Presiding Judge of a

particular branch, is replaced by Judge B, who is
permanently appointed to the branch, Judge A shall
continue to hear the case until terminated and decided by
him, unless all the parties agree in writing to have the new
judge hear the case.
(b) Under the same situation, if Judge A is appointed to
another sala in the same seat, e.g., from Br. 80 to Br. 92,
Quezon City, Judge A shall bring the case with him to Br.
92, with the case being replaced in his docket by another
case which has not yet been tried and transferred to Br. 80.

2. Cases submitted for decision at the time of the appointment of a

new judge shall be decided by the Judge to whom they were
submitted for decision, including motions for reconsideration and
DebtKollect motions for new trial thereafter filed. However, if a new trial is
granted, the new judge shall preside over the new trial until
terminated.

B. UNLOADING OF CASES TO NEWLY CREATED BRANCHES: chanroblesvirtuallawlibrary

1. The Executive Judge shall determine the average caseload of each

branch by dividing the total number of cases pending in the station
and dividing them by the number of branches thereat including those
newly created.
2. Each of the original branches may unload its excess over the
average number as determined in the preceding section, subject to
the following restrictions:
chanroblesvirtuallawlibrary

(a) The unloading of cases shall be limited to civil cases which

Intellectual have gone beyond the pre-trial stage, and criminal cases where

Property
the trial proper has not yet commenced.
(b) In the event of an imbalance in the caseloads, it shall be
equalized by excluding from the raffle all or some of the existing
courts with higher dockets. The existing courts will be included in
the raffle only when the caseloads of the new courts have
attained the average level in the subsequent raffle of additional
cases.

3. Thereafter, the raffle shall be effected after the Executive Judge

shall have collated all the cases to be unloaded and all the parties
shall have been duly notified. The unloading shall be done strictly by
raffle unless otherwise authorized by this Court.
4. As regards inherited cases which are submitted for decision before
trial judges who have been promoted or for any reason are no longer
in the service, the following rules shall apply: chanroblesvirtuallawlibrary

(a) Inherited cases shall be decided by the judges of existing

courts to whom they are assigned. In fact, they are directed to
decide these cases with deliberate dispatch.

(b) This Court, on its own initiative or upon recommended of the

Executive Judge, may direct a judge of a newly created court to
decide inherited cases.

(c) An inherited case is deemed submitted to a judge for decision

afetr he has received the testimony of the last witness, and for

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this purpose, the submission of the exhibits and the memoranda
of the parties shall not be taken into account.

5. Within fifteen (15) days from receipt hereof, the Executive Judge
shall report to the Court Administrator the number of inherited cases
in the area under his administrative supervision.
6. In the meantime that the personnel complements of the newly
created courts are being organized, their presiding judges may be
assigned to assist existing courts with which such newly created
courts may be paired. For this purpose, the presiding judge of a
newly created court as pair judge of an existing court in the same
station may hear and resolve cases and incidents requiring speedy
action, such as those involving detention prisoners, applications for
search warrants, petitions for the habeas corpus, and other cases
requiring immediate attention. cralaw

C. SPECIAL RULES IN NEWLY CREATED SEATS/STATIONS: chanroblesvirtuallawlibrary

1. In areas with newly created seats/stations originally beloging to

the territorial area of another court (e.g., RTC, Makati where new
seats or stations have been established in Muntinlupa, Las Piñas and
Parañaque), each branch of the court in the original station is directed
to immediately make an inventory of the cases which may be
properly allocated to the newly created courts.
2. In addition to the preceding rules on the unloading of cases to
newly organized courts in the new seats/stations, the following rules
shall likewise be observed: chanroblesvirtuallawlibrary

(a) The cases to be unloaded to the courts in the new station

shall not exceed 150 for each branch to give ample allowance for
cases which may be filled directly with the new courts.

(b) In the meantime that the clerks of court for these new
seats/station are not yet appointed, or that no bonded court
employee is designated to receive docket and other legal fees,
the payment of such docket and other fees shall be made with
the clerk of court of the original stations: chanroblesvirtuallawlibrary

EXAMPLE: chanroblesvirtuallawlibrary

Until the clerk of court in Muntinlupa is appointed, new

cases for Muntinlupa shall be filed in Makati, and the
records shall be transmitted to Muntinlupa only after
payment of the corresponding docket fees.

Any administrative problem that may arise in the newly created courts not
otherwise covered by the Administrative Circular, shall be brought to the
attention of the Court Administrator before any action is taken thereon for
appropriate Resolution.

January 26, 1994.

[Sgd.] ANDRES R. NARVASA

Chief Justice

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