"ADMINISTRATIVE CIRCULAR NO. 7-A-92 June 21, 1993
TO: THE REGIONAL TRIAL COURTS, SHARI'A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, AND SHARI'A CIRCUIT COURTS
SUBJECT: GUIDELINES IN THE ARCHIVING OF CASES
Administrative Circular No. 7-92, dated October 12, 1992, is hereby amended to read as follows:
The attention of the Court has been called to the lack of uniformity in the policies adopted by the individual judges with respect to the archiving cases. There are likewise reports of indiscriminate archiving of cases without apparent justifiable reason. The following guidelines are therefore established in the archiving of cases:
I. CRIMINAL CASES
a) A criminal case may be archived only if after the issuance of the warrant of arrest, the accused remains at large for six (6) months from the delivery of the warrant to the proper peace officer. An order archiving the case shall require the peace officer to explain why the accused was not apprehended. The court shall issue an alias if the original warrant of arrest is returned by the peace officer together with the report.
b) The court, motu proprio or upon motion of any party, may likewise archive a criminal case when proceedings therein are ordered suspended for an indefinite period because:
1) the accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently, or to undergo trial, and he has to be committed to a mental hospital;
2) a valid prejudicial question in a civil action is invoked during the pendency of the criminal case unless the civil and the criminal cases are consolidated;
3) an interlocutory order or incident in the criminal case is elevated to, and is pending resolution/decision for an indefinite period before a higher court which has issued a temporary restraining order or writ of preliminary injunction; and
4) when the accused has jumped bail before arraignment and cannot be arrested by his bondsmen.
II. CIVIL CASES
In civil cases, the court may motu proprio or upon motion, order that a civil case be archived only in the following instances:
a) When the parties are in the process of settlement, in which case the proceedings may be suspended and the case archived for a period not exceeding ninety (90) days. The case shall be included in the trial calendar on the day immediately following the lapse of the suspension period.
b) When an interlocutory order or incident in the civil case is elevated to, and is pending resolution/decision for an indefinite period before a higher court which has issued a temporary restraining order or writ of preliminary injunction.
c) When defendant, without fault or neglect of plaintiff, cannot be served with summons within six (6) months from issuance of original summons.
GENERAL PROVISIONS
a) Copies of the Order archiving the case shall be furnished the parties.
b) A special docket shall be maintained to record the cases both criminal and civil that have been archived.
c) A periodic review of the archived cases shall be made by the Presiding Judge.
d) The Presiding Judge shall, motu propio or upon motion by any party, order the reinstatement/revival of an archived case and its withdrawal from the archives whenever the same is ready for trial or further proceedings.
e) The Branch Clerk of Court shall submit to the Office of the Court Administrator a consolidated list of archived cases not later than the first week of January of every year.
Strict compliance with this Administrative Circular is hereby enjoined.
June 21, 1993.
(Sgd.) ANDRES R. NARVASA
Chief Justice
The Lawphil Project - Arellano Law Foundation
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602 Phil. 428
SECOND DIVISION
[ A.M. No. MTJ-06-1651 (Formerly OCA IPI No. 04-1576-MTJ), April 07, 2009 ]
PROSECUTOR ROBERT M. VISBAL, COMPLAINANT, VS. JUDGE WENCESLAO B. VANILLA, MTCC - BR. 2, TACLOBAN CITY, RESPONDENT.
"Xxx.
We agree with the OCA's findings that respondent judge showed gross ignorance of the law when he archived Criminal Case No. 2000-08-00-01 immediately after the warrant of arrest was issued against the accused. He violated Administrative Circular No. 7-A-92, which allows the archiving of a criminal case if, after the issuance of the warrant of arrest, the accused remains at large for six (6) months from delivery of the warrant to the proper peace officer. Everyone, especially a judge, is presumed to know the law; when the law is sufficiently basic or elementary, not to be aware of it constitutes gross ignorance of the law.[13] However, for full liability to attach for ignorance of the law, the assailed order, decision or actuation of the judge in the performance of official duties must not only found to be erroneous; more importantly, it must be established that he was motivated by bad faith, dishonesty, hatred or some other similar motive.[14]
Under Canon 1.01 of the Code of Judicial Conduct, a judge must be "the embodiment of competence, integrity and independence." A judge is called upon to exhibit more than just a cursory acquaintance with statutes and procedural rules; it is imperative that he be conversant with basic legal principles and be aware of well-settled authoritative doctrines. [15] He owes to the public and to this Court the duty to be proficient in the law. He is expected to keep abreast of laws and prevailing jurisprudence. Judges must not only render just, correct, and impartial decisions, resolutions, and orders, but must do so in a manner free of any suspicion as to their fairness, impartiality, and integrity, for good judges are men who have mastery of the principles of law and who discharge their duties in accordance with law.[16]
Under Section 8 of A.M. No. 01-8-10-SC amending Rule 140 of the Rules of Court on the Discipline of Justices and Judges, which took effect on October 1, 2001, gross ignorance of the law is classified as a serious charge punishable by either dismissal from service, suspension of more than one year or a fine of more than P20,000.00 but not exceeding P40,000.00. In this case, considering that no malice or bad faith has been established and that this is the respondent judge's first administrative offense, we deem it just and reasonable to impose upon him a fine of P10,000.00.
WHEREFORE, premises considered, we hereby FINE Judge WENCESLAO B. VANILLA, MTCC, Branch 2, Tacloban City, TEN THOUSAND PESOS (P10,000.00), with the STERN WARNING that the commission of the same or similar offense shall be dealt with more severely.
SO ORDERED."
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Under the Revised Rules of Criminal Procedure, the archiving of a criminal case is generally allowed when the accused remains at large and cannot be arrested despite the issuance of a warrant of arrest. However, archiving during trial upon a joint motion of the parties to explore a compromise on the civil aspect is not explicitly provided for under the Rules of Court.
Rules on Archiving Criminal Cases
1. Section 12, Rule 119 of the Rules of Court (Suspension of Arraignment)
While this rule allows suspension of arraignment on specific grounds, it does not expressly allow archiving a case for settlement of the civil aspect.
2. SC Administrative Circular No. 7-99 (Re: Guidelines in Archiving Criminal Cases)
This Supreme Court issuance provides that a criminal case may be archived if the accused is at large and cannot be arrested, or when circumstances make trial temporarily impossible. It does not include settlement of the civil aspect as a ground.
However, the Supreme Court, in People v. Gementiza (G.R. No. 139990, March 15, 2001), ruled that:
"A criminal case cannot be archived merely because the parties are negotiating a compromise on the civil aspect. A criminal case must proceed as it involves the public interest, and only the court may determine the legal basis for suspension or archiving."
Thus, archiving a criminal case during trial for the purpose of settling the civil aspect is not allowed. The trial must proceed unless a valid legal ground for suspension exists under the Rules of Court.
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