Administrative Circular No. 12 - Service and Execution of Court Writs and Processes

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ADMINISTRATIVE CIRCULAR NO. 12

SUPREME COURT CIRCULARS AND ORDERS

TO: ALL JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, AND MUNICIPAL TRIAL COURTS IN CITIES

SUBJECT: GUIDELINES AND PROCEDURE IN THE SERVICE AND EXECUTION OF COURT WRITS AND PROCESSES IN THE REORGANIZED COURTS

For the purpose of streamlining the service and execution of court writs and processes in the reorganized courts under Batas Pambansa Blg. 129, otherwise known as "The Judiciary Reorganization Act of 1980", and to better serve the public good and facilitate the administration of justice, the Court set forth hereunder the following guidelines:

1. All Clerks of Court, who are also ex-oficio sheriffs, and/or their deputy sheriffs shall serve all court processes and execute all writs of their respective courts within their territorial jurisdiction;
2. All Clerks of Court of the Metropolitan Trial Court and Municipal Trial Courts in Cities, and/or their deputy sheriffs shall serve all court processes and execute all writs of their respective courts within their territorial jurisdiction;
3. The judge of the Regional Trial Court, Metropolitan Trial Court, and the Municipal Trial Court in Cities, in the absence of the deputy sheriff appointed and assigned in his sala, may at any time designate any of the deputy sheriffs in the office of the Clerk of Court. However, the said judge shall not be allowed to designate the deputy sheriff of another branch without first securing the consent of the Presiding Judge thereof;
4. All sheriffs and deputy sheriffs shall submit a report to the judge concerned on the action taken on all writs and processes assigned to them within ten (10) days from receipt of said process or writ. Said Report shall form part of the records of the case;
5. No sheriff or deputy sheriff shall execute a court writ outside his territorial jurisdiction without first notifying in writing, and seeking the assistance of, the sheriff of the place where the execution shall take place;
6. No sheriff or deputy sheriff shall act as special deputy sheriff of any party litigant;
7. The judge may be allowed to designate or deputize any person to serve court processes and writs in remote areas in the absence of the regular sheriff thereat;
8. The sheriff is primarily responsible for the speedy and efficient service of all court processes and writs originating from his court and the branches thereof, and those that may be delegated to him from other courts. He shall submit to the Office of the Court Administrator, Supreme Court, a monthly report which shall indicate therein the number of writs and processes issued and served, as well as the number of writs and processes unserved, during the month, and the names of deputy sheriffs who executed each writ. Unserved writs and processes shall be explained in the report.

These guidelines and procedure shall take effect immediately.

The Lawphil Project - Arellano Law Foundation

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