Other Duties of Executive Judges

Guidelines on Surety Bond

2 3

Extra-judicial Foreclosure of Mortgage

Appointment & Supervision of Notaries Public

4 5

Accreditation of Newspapers & Periodicals

Court Issued Properties & Supplies

Guidelines on Surety Bond

2 3

Extra-judicial Foreclosure of Mortgage Appointment & Supervision of Notaries Public

Ensure that the Monthly Report of Surety Companies w/ Outstanding Obligations stating:
Name of the Surety Company Amount of the Bond Bond Number Case Number Case Title Name of Accused/Party in Case Date of Order of Forfeiture Status or Action Taken Attachments: Judgment of Forfeiture with the Writ of Execution; Sheriffs return & subsequent motions

Processing of Application for Surety Bonds

Ensure that the COC have assigned by raffle a number for each of the accredited Surety Company Ensure that his/her court transacts business only with accredited and authorized surety companies Ensures that Accused who intends to post a surety bond shall be referred to the surety company according to its rank in the list

C
D

A B

C
D

BCC to issue Writ of Execution upon issuane of Judgment of forfeiture

Sheriff to require Surety to pay within 15 days

If unpaid, Sheriiff levies on the P1M cash deposit with FMO

A.M. No. 05-4235-RTC

The Judge, BCC & Sheriff were reminded to faithfully observe rule on bail bond confiscation & execution

A.M. No. 05-4235-RTC

The Judge, BCC & Sheriff were reminded to faithfully observe rule on bail bond confiscation & execution

A.M. No. P-072325

The BCCs issuance of the writs of execution more than 2 years after the judgments constitutes Simple Neglect of Duty

1
2 3

Guidelines on Surety Bond

Extra-judicial Foreclosure of Mortgage Appointment & Supervision of Notaries Public

EJF shall be filed before EJ thru COC

Coops, thrift/rural banks to pay filing fees

EJ supervises raffle among all Sheriffs

Posting: 20 days in 3 public places in city

Publication: once a week for 3 weeks

EJ approves the Certificate of Sale

A.M. No. P-062135

The failure of the Sheriff to publish a new notice for the rescheduled date of the auction constitutes inefficiency & incompetence

1 2 3

Guidelines on Surety Bond

Extra-judicial Foreclosure of Mortgage Appointment & Supervision of Notaries Public

The EJ shall act on all applications of & issue commissions to notaries public in his/her admin supervision

He/she shall refrain from appointing non-lawyers, subject to certain exceptions

Before appointing or renewing the commission as Notary Public, the EJ must ensure that the applicant is not appointed as notary public elsewhere

Require applicants for notaries public to state their current IBP chapter, IBP dues receipt no., PTR no., Roll of Atty no

Require the Notary Public applicant to personally appear before him/her to take his/her oath

Ensure that authority of the Notary Public shall not extend beyond the limits of his/her jurisdiction

Monitor the activities of notaries public within their administrative supervision

A.C. No. 7036

The complaint

against the Notary

Public stemmed from the EJs

exercise of her
power to closely monitor the activities of notaries public within her jurisdiction

4 5

Accreditation of Newspapers & Periodicals

Court Issued Properties & Supplies

EJ shall act on the newspapers applications for accreditation to publish judicial/legal notices/orders
Judicial notices & advertisements of publication shall be distributed to the accredited newspapers thru raffle The raffle shall personally be conducted by EJ during the regular raffle in the same manner as the raffle of cases

Sec. 2 P.D. 1079

The EJ of the CFI shall distribute personally for publication to qualified newspapers through raffle the judicial notices and advertisements

[ A.M. No. 01-1-07-SC, October 16, 2001 ]

Application shall contain the ff: Title of publication Name of Publisher Name of editor-in-chief Frequency of Publication Address, phone, fax of principal office Total no of copies printed Month, date & year of first issue

It shall include statements that it is: duly registered as a newspaper/periodical edited, published & circulated in the province/city where accreditation is sought regularly published at least 1 year before application not participating in raffle of legal/judicial notices in other provinces Not merely reproduce or reprint news from other papers

Attachments to the application:

3 sample copies of its printed format for judicial & legal notices in the prescribed form Copy of an issue containing a commercial advertisement in the last 12 months Copy of the contract or invoice describing the size & advertisement rate Certified true copy of an O.R. showing payment of an advertisement

Criteria in evaluating the application:

Duly registered as a newspaper/periodical Principal place is province/ city where accreditation is sought Regularly published at least 1 year before application Not merely reproduce or reprint news from other papers

G.R. No. 115068

A newspaper is of

general circulation if it is
published for the dissemination of local

news and general

information, has a bona fide subscription list of paying subscribers; and published at regular intervals

G.R. No. 115068

A newspaper is of

A.M. No. RTJ11-2303

The power of an

general circulation if it is
published for the dissemination of local

executive judge to adjust

publication rates even after an application for

news and general

information, has a bona fide subscription list of paying subscribers; and published at regular intervals

accreditation has long

been approved is judicial in nature

A.M. No. RTJ06-2003

An Executive Judge was

found liable for violating

AM No 01-1-07-SC when he granted provisional

accreditations to
newspaper outfits that failed to comply with the requirements prescribed

4 5

Accreditation of Newspapers & Periodicals

Court Issued Properties & Supplies

Common-Use Supplies- used in the day to

day operations & included in the Electronic Catalogue of PhilGEPS

Inventory Items- commonly used

supplies & goods & kept on stocks but not found in the Price list of PS-DBM

Non-common Use Supplies- neither

common-use nor inventory items but used for a specific project only

Services- refer to general support services

except consulting services and infrastructure projects

Acquired Assets- lands, buildings, furniture

& equip acquired as a result of non-payment of mortgage

Fixed Assets- lands, improvements

buildings, furniture, equipt, books & work animals which are capital in nature

Expendable Supplies- those normally

consumed within 1 year, decrease in value after 1 year

Non-expendable Supplies- serviceable life is

more than 1 year

COCs/BCCs shall conduct an annual physical inventory to be witnessed by COA rep

The report of the inventory must be submitted to COA not later than Jan 31st of each year

Nonsubmission is a ground for withholding of salaries

Trade-in Modes of Transfer to Other Offices Disposal Sale to Personnel

Public Auction
Sale through Negotiation Transfer without Cost Destruction or Condemnation

Procedure Prior to Disposal

Inventory all supplies & equipment

Request copies of the list of properties If possible, request for copies of the MRs Obtain authority to dispose of unnecessary property from the Property Division Make a proper listing of properties to be disposed indicating its assessed value Property division shall generate further guidelines

Requirem ents for Disposal

At least 7 years Notice by posting Notice sent to the parites and/or counsel of record

Disposal Report

Records of these cases shall remain in storage

Naturalization

Big land cases

Precedent-setting cases without records in the Supreme Court Death Penalty cases

Criminal cases where the Board of Pardons & Parole may require certain documents

The request for disposal shall be filed with OCA & shall be acted upon within 30 days from receipt

CA shall seek authority from the Executive Director of NAP

CA shall inform court of the approved authority from NAP within 10 days from notice

Notices to dispose must be posted at least 30 days from receipt of notice at the main entrances of 3 public places
Disposal is carried out either by selling, burning or some other practicable manner in the presence of EJ, COC, Rep from NAP & COA

Notices to parties/counsel be sent at least 30 days prior to date of actual disposal

Certificate of Disposal of Records be issued together with Authority to Dispose Records and Records Manaement Analysis Report

EJ (Chair)

RTC Judge
(member)

RTC Judge
(member)

RTC Judge
(member)

RTC COC

EJ (Chair)

RTC Judge
(member)

1st Level Judge

(member)

1st Level Judge

(member)

RTC COC

EJ (Chair)

1st Level Judge

(member)

1st Level Judge

(member)

1st Level Judge

(member)

RTC COC

After the filing of the criminal case, the court shall, within 72 hours, conduct an ocular inspection of the seized items

Within 24 hours after court inspection, PDEA proceeds with destruction

After promulgation, the prosecutor requests court to turn over the representative samples to PDEA for destruction

A.M. No. 200717-SC

The unauthorized taking

of mere scrap materials,

which were deemed unserviceable is a

violation of AC No. 72004

A.M. No. 200717-SC

The unauthorized taking of mere scrap materials, which were deemed unserviceable is a violation of AC No. 72004

A.M. No. 200717-SC

SC relieved the RTCs

from accountabilities due

to destruction brought about by typhoon Ondoy subject to submission by COC of: inventory & inspection report for the court properites; list of damaged court records, exhibits, pictures with certification

Thank you very much