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OCA Circular No. 176-2022

This document is a circular from the Supreme Court of the Philippines clarifying procedures for handling cases when a judge inhibits themselves. It provides three key points: 1) For single-judge courts, the case will be heard by the judge designated by the executive judge or the judge the case was re-raffled to, in the court of the inhibiting judge. 2) For multi-judge courts, an inhibited case will be re-raffled to another branch in the same station and heard in that court. 3) A new case will replace the inhibited case in the docket of the disqualified or inhibiting judge through random assignment.

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790 views2 pages

OCA Circular No. 176-2022

This document is a circular from the Supreme Court of the Philippines clarifying procedures for handling cases when a judge inhibits themselves. It provides three key points: 1) For single-judge courts, the case will be heard by the judge designated by the executive judge or the judge the case was re-raffled to, in the court of the inhibiting judge. 2) For multi-judge courts, an inhibited case will be re-raffled to another branch in the same station and heard in that court. 3) A new case will replace the inhibited case in the docket of the disqualified or inhibiting judge through random assignment.

Uploaded by

Arnel Caparros
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

i\epuhlic of the ~bilippine~

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®ffice of tbe <!Court ~bmini~trator
.1Mantla

OCA CIRCULAR No. 176-2022

TO ALL JUDGES AND COURT PERSONNEL OF THE


FIRST AND SECOND LEVEL COURTS

SUBJECT OCA CIRCULAR No.10S-2022 DATED 11 MAY 2022


(A.M. No. 21-03-04-SC [Re: Request for Investigation
of Divina Law Office Relative to Civil Case No.
R-M,KT-20-02448-SC, S.P. No. 20-02409-SP, and Civil
Case No. R-PSY-20-02268-CV])

On 11 May 2022, this Office issued OCA Circular No. 105-2022


circularizing the Resolution dated 22 February 2022 of the Court En Bane
in A.M. No. 21-03-04-SC. In said administrative matter, the Court resolved
to adopt guideposts in the voluntary inhibition of judges based on the
ruling in A.M. No. 87-9-3918-RTC (Re: Query of Executive Judge Estrella
T. Estrada, Regional Trial Court of Malolos, Bulacan, on the Conflicting
Views of Regional Trial Court Judges Masadao and Elizaga Re: Criminal
Case No. 4954-M), partially quoted hereunder, thus:

(iii) The Judge who is either immediately designated by


the Executive Judge to hear the inhibited case or to
whom the inhibited case was re-raffled, shall
immediately take cognizance of the inhibited case
and try the same before the premises of the
inhibiting judge.

Thereupon, several inquiries and issues were brought to the attention


of this Office, particularly on the aforequoted provision. Thus, for clarity
and to address probable confusion in the interpretation or application of
the subject provision, this Office sees the need to issue a clarification on
the procedure to be undertaken in the inhibition of cases.

For one, please be advised that the abovementioned paragraph (iii)


pertain more to inhibited cases in single sala courts. Second, all concerned
are advised to observe the following procedure on inhibition of cases,
taking into account the station or court type, e.g., single sala or multi sala
station, whether in first level or second level courts:

The Judge who is either immediately designated by


the Executive Judge within his/ her area of
administrative supervision to hear the inhibited case
in first level courts, or to whom the inhibited case
was re-raffled in multi sala stations, shall
immediately take cognizance of the inhibited case.

In single-branch courts where the inhibited case is


referred to a court of another station in accordance
with existing issuances on pairing system 1, the
judge to whom the inhibited case was referred shall
try and decide the same in the court of the inhibiting
judge.

In multi sala courts where the inhibited case is re-


raffled to another branch within the same station,
the inhibited case shall be heard and decided in the
court of the judge to whom the same is re-raffled.

A newly-filed case shall be assigned by raffle in


multiple-branch stations to the disqualified or
inhibiting judge to replace the case so removed from
his/ her docket.

For your guidance and information.

11 July 2022

MMAlAC]/C'Jp/Cir
_inhibitionJjjm071022Misc. 498

19 February 2021 Resolution in A.M. No. 03-8-02-SC (Guidelines on the Selection and Designation of
Executive Judges and Defining their Powers, Prerogatives and Duties) relative to the amendment of
Annex "A" of the Resolution dated 27 January 2004; Circularized: OCA Circular No. 72-2021 dated 4
June 2021
2

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