SECTION 1 - Calendar of cases.–The clerk of court, under the
direct supervision of the judge, shall keep a calendar of cases for pre-trial, for trial, those whose trials were adjourned or postponed, and those with motions to set for hearing. Preference shall be given to habeas corpus cases, election cases, special civil actions, and those so required by law. (1a, R22)
The Clerk shall keep a calendar of cases for: 1. Pre-trial
2. Trial
3. Those whose trials were adjourned or postponed 4. Those with motions to set for hearing
Preference shall be given to: 1. Habeas corpus cases; 2. Election cases
3. Special civil actions; and 4. Those so required by law Notes:
- This is to ensure a more efficient monitoring of cases for both supervision and reportorial purposes
- It is also the duty of the presiding judge to exercise direct supervision over those matters
SECTION 2 - Assignment of cases.–The assignment of cases to the
different branches of court shall be done exclusively by raffle. The assignment shall be done in open session of which adequate notice shall be given so as to afford interested parties the opportunity to be present (7a, R22)
Breakdown of Provision:
1. Assignment of cases to the different branches of a court shall be done exclusively by raffle
2. The assignment:
a. Shall be done in open session
b. Adequate notice shall be given so as to afford interested parties the opportunity to be present
Note: Assignment of cases is required to be done exclusively by raffle Supreme Court Circ. No. 7, Sept. 23, 1974 laid down the rules for the filing of cases filed in the CFI:
I. Raffling of Cases
A. All cases filed with the court where there are 2 or more branches shall be assigned or distributed to different branches by raffle
B. The raffle should be regularly conducted at the hour and on the day or days to be fixed by the Exec. Judge 1. Only the maximum number of cases as can be
equally distributed to all the branches in the particular station or grouping shall be included in the raffle
II. Notice
A. Notice of the day and hour of raffle shall be posted prominently in the bulletin boards of the courts and at conspicuous place at main door of session hall
B. Other notice may be sent to parties 1. As interest of justice may require
2. On request of any party and with prior approval of Exec. Judge
C. No special raffle of any case except on meritorious application in writing by any party and with approval of the Exec. Judge
III. Manner of Raffling
A. Raffle must be conducted at lawyer’s table in open court by the Exec Judge personally with the attendance of 2 other judges (or authorized representative)
B. In stations where there are only 2 salas
1. Judges of both and either the Clerk should be present
C. In the absence of Exec Judge, the Judge at the station who is the most senior in appointment shall personally conduct the raffle
D. No raffle in the chambers E. The raffle proceedings
1. Should be stenographically recorded
2. Minutes prepared and signed by the judge and clerk in attendance
F. After the raffle
1. Exec Judge shall indicate the particular branch to which the case is assigned
2. Written in words and in figures on the cover of the Rollo and on the first page of the original complaint or information
3. Initiated by the Exec Judge and the other 2 officers who attended said raffle
G. The raffle must be conducted in such manner that all branches shall receive more or less the same number of civil, criminal, and other kinds of cases
IV. In Case of Urgent or Interlocutory Matters
A. Such urgent nature that it may not wait for the regular raffle
B. Interested party may request the Exec Judge in writing for a special raffle
C. If request is granted and the special raffle is conducted 1. Case shall immediately be referred to the branch to
which it corresponds
D. Exec Judge shall have no authority to act on any incidental or interlocutory matter in any case not yet assigned to any branch by raffle
V. Notice of the Result of the Raffle
A. Copy of the minutes of the raffle proceedings showing the case numbers and branches shall be immediately posted on the bulletin boards of the Clerk and Exec Judge
1. Duly certified by the Exec Judge or Judge who conducted raffle, as well as by the 2 other Judges in attendance
B. Copies thereof furnished to each branch of court VI. Reassignment of Cases of Disqualified Judges
A. Records shall be returned to the Exec Judge and case included in the regular raffle for re-assignment B. Another case, similar category to one re-assigned, shall
be assigned by raffle to the disqualified or inhibiting judge as replacement
VII. Dismissed Cases
A. If a dismissed case is re-filed
1. It shall not be included in the raffle
2. It shall be assigned to the branch to which the original case pertained
B. If such case is raffled and assigned to another branch 1. The latter must transfer the case to the branch to
which it originally belonged
2. Another case shall be assigned as replacement VIII. Pairing System
A. Every branch shall be considered as paired with another branch
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B. In the event of vacancy in any branch, or absence of judge, all incidental and interlocutory matters pertaining to it may be acted upon by the judge of the other branch paired with it
C. Latter may likewise conduct trials or hearings on merits in criminal cases with detention prisoners assigned to another branch as well as other kinds of cases
D. Branch 1 paired with 2; 3 with 4; and so on
1. Any branch without a pair shall be paired with the branch presided by the Exec Judge in addition to the latter’s regular pair
E. In case of vacancy of 2 pair branches, or prolonged absence of both presiding judges
1. Incidental and interlocutory matters shall be acted by the Exec Judge
Administrative Order No. 134-92 Re: Pairing System for Single Sala Stations
A. In the event of vacancy in a single sala station, or absence or disability of the judge thereof, and no acting judge has yet been assigned
1. The clerk, upon request of party, shall refer any urgent matter requiring immediate action to the nearest presiding judge of the appropriate RTC or MTC with jurisdiction to act on the matter
a. Such presiding judge is authorized to hear and resolve any urgent matters requiring immediate attention prior to the appointment of a new judge, return of the regular judge, or assignment of acting judge
b. If nearest court is a multiple sala station, matter shall be referred to the Exec Judge
B. Before making such referral, the clerk:
1. Shall certify that the station is vacant, or that the judge is absent or disabled, and no acting judge has been designated
2. Notify such referral to the:
a. RTC Exec Judge with jurisdiction over the MTC Single Sala Station concerned; or
b. Court Administrator of an RTC Single Sala Station
C. The presiding judge shall act on all matters pertaining to the paired single sala station in the said station utilizing its personnel and facilities
1. Attendance shall be deemed to be on official business 2. However, if his travel to the paired single sala would
cause delay, he may act in his own station
D. If there are 2 or more single sala courts more or less equidistant from the court without a judge, referral made to:
1. Presiding judge most senior in station
2. If judges are of equal seniority, then to the presiding judge with the least number of pending cases