A. M. NO.
99-20-09-SC
JANUARY 25, 2000
RESOLUTION
CLARIFYING
GUIDELINES
APPLICATION FOR
AND ENFORCEABILITY OF SEARCH WARRANTS
ON
THE
In the interest of an effective administration of justice and pursuant to
the powers vested in the Supreme Court by the Constitution, the
following are authorized to act on all applications for search warrants
involving heinous crimes, illegal gambling, dangerous drugs and illegal
possession of firearms: chan robles virtual law library
The Executive Judge and Vice Executive Judges of Regional Trial
Courts, Manila and Quezon City, filed by the Philippine National Police
(PNP), the National Bureau of Investigation (NBI), The Presidential
Anti-Organized Crime Task Force (PAOC-TF) and the Reaction Against
Crime Task Force (REACT-TF) with the Regional Trial Courts of
Manila and Quezon City. chan robles virtual law library
The applications shall be personally endorsed by the Heads of the said
agencies, for the search of places to be particularly described therein,
and the seizure of property or things as prescribed in the Rules of Court,
and to issue the warrants, if justified, which may be served in places
outside the territorial jurisdiction of said courts.cralaw
The authorized judges shall keep a special docket book listing the
details of the applications and the result of the searches and seizures
made pursuant to the warrants issued.
Article 3..Section 3. (1) The privacy of communication and
correspondence shall be inviolable except upon lawful order of the
court, or when public safety or order requires otherwise, as prescribed
by law.cralaw
(2) Any evidence obtained in violation of this or the preceding section
shall be inadmissible for any purpose in any proceeding
Section 2. The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things
to be seized.
Section 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent
and to have competent and independent counsel preferably of his own
choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and
in the presence of counsel.cralaw
(2) No torture, force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him. Secret detention
places, solitary,incommunicado, or other similar forms of detention are
prohibited.cralaw
(3) Any confession or admission obtained in violation of this or Section
17 hereof shall be inadmissible in evidence against him.cralaw
(4) The law shall provide for penal and civil sanctions for violations of
this section as well as compensation to the rehabilitation of victims of
torture or similar practices, and their families.cralaw
A.M. No. 03-1-09-SCRE: PROPOSED RULE ON GUIDELINES TO
BE OBSERVED BY TRIAL COURTJUDGES AND CLERKS OF
COURT IN THE CONDUCT OF PRE-TRIAL ANDUSE OF
DEPOSITION-DISCOVERY MEASURESRESOLUTIONActing on
the recommendation of the Chairman of the Committee on Revision of
the Rulesof Court submitting for this Court's, consideration and
approval the Proposed Rule on Guidelinesto be Observed by Trial Court
Judges and Clerks of Court in the Conduct of Pre-Trial and Use
ofDeposition-Discovery Measures, the Court Resolved to APPROVE
the same. The said Rule ishereto attached as an integral part of this
Resolution.The Rule shall take effect on August 16, 2004 following its
publication in a newspaper ofgeneral circulation not later than July 30,
2004.July 13, 2004.(Sgd.)Davide, Jr. C.J., Puno, Vitug, Panganiban,
Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez, Carpio, AustriaMartinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and
TingaJJ.GUIDELINES TO BE OBSERVED BY TRIAL COURT
JUDGES AND CLERKS OFCOURT IN THE CONDUCT OF PRETRIAL
AND
USE
OF
DEPOSITION-DISCOVERY
MEASURESThe use of pre-trial and the deposition-discovery measures
are undeniably important andvital components of case management in
trial courts. To abbreviate court proceedings, ensureprompt disposition
of cases and decongest court dockets, and to further implement the pretrialguidelines laid down in Administrative Circular No. 3-99 dated
January 15, 1999 and except asotherwise specifically provided for in
other special rules, the following guidelines are issued forthe observance
and guidance of trial judges and clerks of court:I.
PRE-TRIALA.
Civil Cases1. Within one day from receipt of the complaint:1.1
Summons shall be prepared and shall contain a reminder to defendant to
observerestraint in filing a motion to dismiss and instead allege the
grounds thereof asdefenses in the Answer, in conformity with IBP-OCA
Memorandum on PolicyGuidelines dated March 12, 2002. A copy of
the summons is hereto attached asAnnex "A;" and1.2 The court shall
issue an order requiring the parties to avail of interrogatories toparties
under Rule 25 and request for admission by adverse party under Rule 26
or at their discretion make use of depositions under Rule 23 or other
measures underRules 27 and 28 within five days from the filing of the
answer.1 A copy of the ordershall be served upon the defendant together
with the summons and upon the plaintiff.Within five (5) days from date
of filing of the reply,2 the plaintiff must promptlymove ex parte that the
case be set for pre-trial conference.3 If the plaintiff fails to filesaid
motion within the given period, the Branch COC shall issue a notice of
pre-trial.2. The parties shall submit, at least three (3) days before the
pre-trial, pre-trial briefs containing the following:4a. A statement of
their willingness to enter into an amicable settlement indicating
thedesired terms thereof or to submit the case to any of the alternative
modes of disputeresolution;b. A summary of admitted facts and
proposed stipulation of facts;c. The issues to be tried or resolved;d. The
documents or exhibits to be presented, stating the purpose thereof. (No
evidenceshall be allowed to be presented and offered during the trial in
support of aparty's evidence-in-chief other than those that had been
earlier identified andpre-marked during the pre-trial, except if allowed
by the court for good causeshown);e. A manifestation of their having
availed or their intention to avail themselves ofdiscovery procedures or
referral to commissioners; andf. The number and names of the
witnesses, the substance of their testimonies, and theapproximate
number of hours that will be required by the parties for the
presentationof their respective witnesses.A copy of the Notice of Pre-
trial Conference is hereto attached as Annex "B."The rule on the
contents of the pre-trial brief must strictly be complied with.The parties
are bound by the representations and statements in their respective pretrial briefs.3. At the start of the pre-trial conference, the judge shall
immediately refer the parties and/or their counsel if authorized by their
clients to the PMC mediation unit for purposes of mediation if
available.5 If mediation fails, the judge will schedule the continuance
of the pre-trial conference. Before the continuance, the Judge may refer
the case to the Branch COC for a preliminary conference to assist the
parties in reaching a settlement, to mark the documents or exhibits to be
presented by the parties and copies thereof to be attached to the records
after comparison and to consider such other matters as may aid in its
prompt disposition.6During the preliminary conference, the Branch
COC shall also ascertain from the parties the undisputed facts and
admissions on the genuineness and due execution of thedocuments
marked as exhibits. The proceedings during .the preliminary conference.
