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    Administrative Circular No. 7-A-92

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    Jerrold Mallo
    This administrative circular establishes guidelines for archiving cases in Philippine courts. It provides that criminal cases may be archived if the accused remains at large for 6 months after a warrant is issued or if proceedings are suspended indefinitely, such as if the accused is mentally unfit for trial. Civil cases may be archived if the parties are in settlement discussions for up to 90 days, if a case is pending resolution by a higher court, or if the defendant cannot be served within 6 months. The circular also provides general provisions for maintaining an archive docket, periodic reviews of archived cases, and reporting archived cases to the Court Administrator.

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    Administrative Circular No. 7-A-92

    Uploaded by

    Jerrold Mallo
    210 views2 pages
    This administrative circular establishes guidelines for archiving cases in Philippine courts. It provides that criminal cases may be archived if the accused remains at large for 6 months after a warrant is issued or if proceedings are suspended indefinitely, such as if the accused is mentally unfit for trial. Civil cases may be archived if the parties are in settlement discussions for up to 90 days, if a case is pending resolution by a higher court, or if the defendant cannot be served within 6 months. The circular also provides general provisions for maintaining an archive docket, periodic reviews of archived cases, and reporting archived cases to the Court Administrator.

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    This administrative circular establishes guidelines for archiving cases in Philippine courts. It provides that criminal cases may be archived if the accused remains at large for 6 months after a warrant is issued or if proceedings are suspended indefinitely, such as if the accused is mentally unfit for trial. Civil cases may be archived if the parties are in settlement discussions for up to 90 days, if a case is pending resolution by a higher court, or if the defendant cannot be served within 6 months. The circular also provides general provisions for maintaining an archive docket, periodic reviews of archived cases, and reporting archived cases to the Court Administrator.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    210 views2 pages

    Administrative Circular No. 7-A-92

    Uploaded by

    Jerrold Mallo
    This administrative circular establishes guidelines for archiving cases in Philippine courts. It provides that criminal cases may be archived if the accused remains at large for 6 months after a warrant is issued or if proceedings are suspended indefinitely, such as if the accused is mentally unfit for trial. Civil cases may be archived if the parties are in settlement discussions for up to 90 days, if a case is pending resolution by a higher court, or if the defendant cannot be served within 6 months. The circular also provides general provisions for maintaining an archive docket, periodic reviews of archived cases, and reporting archived cases to the Court Administrator.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    TheLawphilProjectArellanoLawFoundation

    ADMINISTRATIVECIRCULARNO.7A92June21,1993

    ADMINISTRATIVECIRCULARNO.7A92June21,1993

    TO: THE REGIONAL TRIAL COURTS, SHARI'A DISTRICT COURTS, METROPOLITAN TRIAL
    COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL
    CIRCUITTRIALCOURTS,ANDSHARI'ACIRCUITCOURTS

    SUBJECT:GUIDELINESINTHEARCHIVINGOFCASES

    AdministrativeCircularNo.792,datedOctober12,1992,isherebyamendedtoreadasfollows:

    The attention of the Court has been called to the lack of uniformity in the policies adopted by the individual
    judgeswithrespecttothearchivingcases.Therearelikewisereportsofindiscriminatearchivingofcaseswithout
    apparentjustifiablereason.Thefollowingguidelinesarethereforeestablishedinthearchivingofcases:

    I.CRIMINALCASES

    a) A criminal case may be archived only if after the issuance of the warrant of arrest, the accused remains at
    largeforsix(6)monthsfromthedeliveryofthewarranttotheproperpeaceofficer.Anorderarchivingthecase
    shallrequirethepeaceofficertoexplainwhytheaccusedwasnotapprehended.Thecourtshallissueanaliasif
    theoriginalwarrantofarrestisreturnedbythepeaceofficertogetherwiththereport.

    b)Thecourt,motupropriooruponmotionofanyparty,maylikewisearchiveacriminalcasewhenproceedings
    thereinareorderedsuspendedforanindefiniteperiodbecause:

    1) the accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully
    understand the charge against him and to plead intelligently, or to undergo trial, and he has to be committed to a mental
    hospital

    2)avalidprejudicialquestioninacivilactionisinvokedduringthependencyofthecriminalcaseunlessthecivilandthe
    criminalcasesareconsolidated

    3) an interlocutory order or incident in the criminal case is elevated to, and is pending resolution/decision for an indefinite
    periodbeforeahighercourtwhichhasissuedatemporaryrestrainingorderorwritofpreliminaryinjunctionand

    4)whentheaccusedhasjumpedbailbeforearraignmentandcannotbearrestedbyhisbondsmen.

    II.CIVILCASES

    Incivilcases,thecourtmaymotupropriooruponmotion,orderthatacivilcasebearchivedonlyinthefollowing
    instances:

    a) When the parties are in the process of settlement, in which case the proceedings may be suspended and the case
    archivedforaperiodnotexceedingninety(90)days.Thecaseshallbeincludedinthetrialcalendaronthedayimmediately
    followingthelapseofthesuspensionperiod.

    b)Whenaninterlocutoryorderorincidentinthecivilcaseiselevatedto,andispendingresolution/decisionforanindefinite
    periodbeforeahighercourtwhichhasissuedatemporaryrestrainingorderorwritofpreliminaryinjunction.

    c)Whendefendant,withoutfaultorneglectofplaintiff,cannotbeservedwithsummonswithinsix(6)monthsfromissuance
    oforiginalsummons.

    GENERALPROVISIONS

    a)CopiesoftheOrderarchivingthecaseshallbefurnishedtheparties.

    b)Aspecialdocketshallbemaintainedtorecordthecasesbothcriminalandcivilthathavebeenarchived.

    c)AperiodicreviewofthearchivedcasesshallbemadebythePresidingJudge.

    d)ThePresidingJudgeshall,motupropiooruponmotionbyanyparty,orderthereinstatement/revivalofanarchivedcase
    anditswithdrawalfromthearchiveswheneverthesameisreadyfortrialorfurtherproceedings.

    e)TheBranchClerkofCourtshallsubmittotheOfficeoftheCourtAdministratoraconsolidatedlistofarchivedcasesnot
    laterthanthefirstweekofJanuaryofeveryyear.

    StrictcompliancewiththisAdministrativeCircularisherebyenjoined.

    June21,1993.
    (Sgd.)ANDRESR.NARVASA
    ChiefJustice
    TheLawphilProjectArellanoLawFoundation

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