Republic of tbe ~bilippineg
~upreme ~ourt
®ffice of tbe ([ourt ~bmini~trator
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OCA CIRCULAR NO.1 0-2024
TO ALL JUDGES AND CLERKS OF COURT OF THE
REGIONAL TRIAL COURTS
SUBJECT: UNIFORM GUIDELINES CONCERNING CASES
WHERE THE ACCUSED OR ONE OF THE ACCUSED IS
A LOCAL OFFICIAL
In the 31 July 2019 Resolution in A.M. No. 19-05-131-RTC (Re:
Determination ofjudicial region and court to try Criminal Cases Nos. 3875-K and
3876-K, both entitled People of the Philippines v. Mayor Josh Edward S.
Cobangbang, et. al., pending before Branch 24, Regional Trial Court [RTC],
Cabugao, Ilocos Sur), the Court (Third Division) RESOLVED to ADOPT, for
uniformity, the following guidelines concerning cases where the accused or one of the
accused is a local official, to wit:
(a) within three (3) days from the filing of the case, where the accused or one of the
accused is a public official, the case shall be forwarded to the nearest RTC of the
nearest judicial region from the judicial region where the official holds office
pursuant to Section 2 of R.A. No. 10660 (An Act Strengthening Further the
Functional and Structural Organization of the Sandiganbayan, Further
amending Presidential Decree No. 1606, as amended, and Appropriating Funds
Therefor);
(b) the determination of the nearest judicial region shall be judicial region wherein
the nearest RTC is located from the RTC where the case is filed. For instance, a
case filed before Branch 61, RTC, Gumaca, Quezon, may be forwarded to Branch
64, RTC, Labo, Camarines, (sic) Norte, or a case filed before Branch 31, RTC,
City of San Pedro, Laguna, may be forwarded to the RTC, Muntinlupa City. The
nearest RTC of the nearest judicial region shall be determined by the Presiding
Judge in single-sala stations or the Executive Judge in multiple-sala stations;
(c) where the case is filed in a multiple-sala court, the records of the case shall be
returned to the Executive Judge, who shall forward the same to the nearest RTC
of the nearest judicial region;
(d) where the nearest RTC of the nearest judicial region is a multiple-sala station,
within three (3) days from receipt of the case records, the case shall be raffled <'
among the judges in the station; and
(e) the Judge of the court where the case involving a local official is raffled shall
hear, try[,] and decide the case in accordance with the Rules.
Relative thereto, it is hereby clarified that the public officials referred to in
item (a) in the decision are as follows:
"(1) Officials of the executive branch occupying the positions of regional director
and higher, otherwise classified as Grade '27' and higher, of the Compensation and
Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
"(a) Provincial governors, vice-governors, members of the sangguniang
panlalawigan, and provincial treasurers, assessors, engineers, and other provincial
department heads:
"(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city
treasurers, assessors, engineers, and other city department heads;
"( c) Officials of the diplomatic service occupying the position of consul and higher;
"(d) Philippine army and air force colonels, naval captains, and all officers of higher
rank;
"(e) Officers of the Philippine National Police while occupying the position of
provincial director and those holding the rank of senior superintendent and higher;
"(f) City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutor;
(g) Presidents, directors or trustees, or managers of government-owned or
II
controlled corporations, state universities or educational institutions or foundations.
"(2) Members of Congress and officials thereof classified as Grade '27' and higher
under the Compensation and Position Classification Act of 1989. I
For your information, guidance, and strict compliance.
This Circular amends OCA Circular No. 211-2019 dated 11
_11_January 2024
~ACJ/ff/mmmmlcircular-uniformguidelines-accusedoroneofaccused-localofficial.doc/cek-1/12/24
1 Section 2 of R.A. No. 10660.
