ADMINISTRATIVE ORDER NO. 36-96 March 15, 1996
Supplement to the Raffle Procedure under Circular No. 7, Administrative Order No. 6 and Administrative Circular No. 1
For a more equitable distribution and assignment of cases by raffle to the different branches of regional Trial Courts, the following rules of procedure shall be strictly observed in addition to the existing rules under Supreme Court Circular No. 7 dated 23 September 1974, Administrative Order No. 6 dated 30 June 1975, and Administrative Circular No. 1 dated 28 January 1988:
A. Procedure at the Office of the Clerk of Court:
1. When a case is filed with the Office of the Clerk of Court, the date and time of filing must be indicated on the cover as well as on the first page of the pleading together with its assigned docket number.
The docket number must follow a sequential order corresponding to the date and time of filing of the case which shall be reflected in the Docket Record, in which the docket number, caption, date and time of filing of the case, and the number and date of the official receipts for the legal fees paid shall be entered.
Upon the filing of the case it shall immediately be encoded in the "stand-by" diskette prepared for cases to be raffled to avoid delay in the preparation of the raffle list.
2. If the regular raffle of cases is scheduled at 2:00 o'clock in the afternoon of the raffle day the cut-off period for the inclusion of cases in the list shall be 12:00 o'clock noon to allow sufficient time for the preparation of a complete raffle list for posting and distribution of copies to all judges before the raffle. In this connection, each judge in the station must have a copy of the list atleast thirty (30) minutes before the scheduled raffle
3. The list of cases to be raffled must be arranged according to the sequence of their docket numbers. There should be a list for criminal cases and another civil cases.
The list of criminal cases should first enumerate those exclusively cognizable by special criminal courts and/or courts designated to hear family and youth cases.
Likewise, the list of civil cases should first enumerate those cognizable by family and youth courts.
The raffle list must be prominently posted at the main entrance of the session hall of the Executive Judge and at the bulletin board of the Office of the Clerk of Court.
B. Procedure in the Raffle Proper:
1. A Raffle Committee shall be constituted in accordance with existing circulars/directives of the Supreme Court. The Committees shall be composed of the Executive Judge, his Vice Executive Judges and two (2) other judges assigned for the raffle in accordance with the pairing system, who shall all be present during the scheduled raffle. The assignment of the pairing judges shall be strictly by rotation.
The Committee shall be assisted in the raffle by the Clerk of Court/Assistant Clerk of Court and two (2) stenographers.
The members of the Raffle Committee, together with the pairing judges assigned for the raffle, shall each confirm in open court the branch to which a case is raffled before the next draw is made.
2. The two (2) stenographers shall record accurately the raffle proceedings stating therein, among others, the names of all those required herein to be present and the parties attending, if any.
The stenographers shall thereafter transcribe, duly accomplish and sign the Minutes of the raffle proceedings immediately but not later than twenty-four (24) hours thereafter.
3. The Minutes shall be signed in turn by all members of the Raffle Committee, duly certified by the Executive Judge, and posted immediately at the bulletin board of the Executive Judge and of the Clerk of Court.
Each branch shall be furnished copy of the Minutes of the raffle.
4. Every judge sitting in the Committee shall review the entries in the Minutes and countercheck them with his own entries in his list before signing on each and every page thereof. He shall not affix his signature thereon unless he has thoroughly verified the accuracy of the entries in the Minutes.
5. Every Judge sitting in the Committee shall then affix his initials on the right hand corner of the cover page and the first page of the initial pleading, but only after a thorough verification of the accuracy of the assignment of the cases to the branches drawn in the raffle. The Executive Judge shall be the last to affix his initials as herein required and only after proper verification of the accuracy of the entries in the Minutes.
C. Procedure For Special Raffle:
1. There shall be no special raffle except upon written application of a party and only upon highly justifiable reasons to be determined by the Executive Judge and his Vice Executive Judges after due consultation with one another. A certification granting or denying the application and citing the reason/s therefor shall be issued accordingly. Such certification shall be attached to the expediente immediately after the initial pleading and shall form part of the record of the case.
2. If the application is granted, the special raffle shall be held in the session hall of the Executive Judge in the presence of the members of the Raffle Committee scheduled to sit in the next regular raffle. A certification to the effect that a special raffle was duly held and that the case was thereafter assigned to the branch drawn in the process shall be issued and signed by all the members of the Special Raffle Committee.
The date and time of the raffle shall be written on the front cover of the expediente and on the first page of the initial pleading and signed by all members of the Special Raffle Committee.
In the preparation of the list of cases to be included in the regular raffle, the Clerk of Court shall include the cases thus specially raffled prior to the scheduled regular raffle indicating therein the branch to which these cases have been assigned.
Except as above stated, all other procedures outlined hereinbefore shall be observed.
3 If the application for special raffle is denied, the case shall be inc luded in the list of cases for the next regular raffle.
D. The Supreme Court through the Office of the Court Administrator shall be furnished immediately copy of the Minutes of the Raffle Proceedings after they have been duly accomplished.
STRICT COMPLIANCE HEREWITH IS ENJOINED.
15 March 1996.
(Sgd.) ANDRES R NARVASA
Chief JusticeThe Lawphil Project - Arellano Law Foundation