Justice Singh PDF

Copyright 2020 by Maria Filomena D. Singh (Associate Justice, Court of Appeals, Manila, Philippines). All rights reserved.
Not for commercial use.

MENTORING ON CASE MANAGEMENT
By:
HON. MARIA FILOMENA D. SINGH
Associate Justice, Court of Appeals
Remedial Law Examiner, 2019 Bar Examination
Member, Remedial Law Department and Civil Law Department,
Philippine Judicial Academy
Copyright 2020 by Maria Filomena D. Singh (Associate Justice, Court of Appeals, Manila, Philippines). All rights reserved. Not for commercial use.
CASE MANAGEMENT: DEFINITION
v  Case
management is a process by which courts
move cases from filing to disposition. (National
Association of Court Managers’ [NACM] Core Competency Project)
v  It is the management of the day to day

operations of the court. It entails overseeing
the structural and operational performance of
courts.
v  The case management system will dictate the
speed with which a case is processed from
start to finish.
CASE MANAGEMENT: BASIS
v Rule 1, Section 6 of the Rules of Court:
“These Rules shall be liberally construed in
order to promote their objective of serving
a just, speedy and inexpensive disposition
of every action and proceeding.”
v Rule138, Section 1: “Justice shall be
impartially administered without
unnecessary delay.”
CASE MANAGEMENT: BASIS
v  Article VIII, Section 6 of the Constitution, Judicial
Department: “The Supreme Court shall have the
administrative supervision over all courts and the
personnel thereof. xxx”
v  Article XI, Section 1 of the Constitution,
Accountability of Public Officers: “Public office is a
public trust. Public officers must at all times be
accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency, act
with patriotism and justice, and lead modest lives.”
CASE MANAGEMENT: SCOPE
v  ROLE-BASED:
(1) ADMINISTRATIVE – management of the

day-to-day operations
(2) ADJUDICATIVE - the process of handling
and resolving disputes dictated by remedial
rules and applicable laws
CASE MANAGEMENT: PARTICIPANTS
1. The JUDGE = the “Court Manager”

u  Dual Function: Adjudicative and Administrative
u  Which is primary?
u  The traditional versus the practical
1.  The JUDGE
“Getting your feet wet”
u  Report to your Executive Judge
u  Meet your staff
u  Check the office premises
u  Meet your Pairing Judge, the Clerk of Court (if multi-
sala), your Trial Prosecutor and Public Attorney
u  Look at the latest Monthly Inventory Report
1.  The JUDGE
“Self-Orientation”
u  In-depth discussion with your Branch Clerk of Court
u  Check all the docket books, Book of Entries of Judgment, and
open new logbooks (attendance, evidence, writs, etc.);
u  Hold your first staff meeting (getting to know you and what you
do for the court)
u  Start the physical inventory of cases (revived cases, multiple
parties), properties and staff (designations versus capacities)
u  Inventory your court property
1.  The JUDGE
“Immersion”
u  Observe court sessions in other branches/stations
u  Sit-in during the raffle of cases
u  Observe marriage rites conducted by other judges
u  List down good practices you can duplicate in your own
court
u  Ask for sample court forms and other materials
1.  The JUDGE
“Buckling down to work”
u  At the end of your first month, make a list of your
priorities:
i.  Cases involving detainees- dates of release
ii.  Cases with pending incidents- deadlines, extensions
iii.  Applications for TRO, WPI, other urgent matters
iv.  Summary Procedure cases
v.  Old Cases- check ageing in Monthly Inventory Report
1. The JUDGE
u  Set and discuss your calendar rules with your BCC,
Interpreter and Docket Clerks (limits, compliance
hearings, reserved slots)
u  Review and fix your own forms and templates
u  Set your own Case Management and Tracking System
(nature of case, timeframes, labels for coding, case log)
u  Hold your second staff meeting and lay down your
policies and office rules
u  Hold your first court session
2.  The BRANCH CLERK OF COURT
u  Official custodian of case records and all properties of the
court. Is the Record, Evidence and Property Custodian.
u  The “Track Monitor”: monitors and tracks all the cases in court
based on their nature.
u  Assists the Judge in preparing and implementing a case
management plan for the court’s caseload.
u  Marks evidence, prepares the corresponding Minutes of
marking, and keeps an Evidence logbook.
u  Receives evidence ex parte when designated by the Judge.
u  Signs all notices of hearings, subpoenae, summons, and other
writs and processes of the court, under the Judge’s authority
2.  The BRANCH CLERK OF COURT
The BCC is the administrative officer of a court and has, inter
alia, control and supervision over all court records. The Rules of
Court charge him with the duty of faithfully keeping the records,
papers, files and exhibits in cases pending before his court, as
well as the public property committed to his charge, including the
library of the court, the seals and furniture belonging to his office.
As custodian of the records of the court, it is his duty to ensure
that the records are complete and intact. He plays a key role in
the complement of the court and cannot be permitted to slacken
off in his job under one pretext or another. (A.M. No. P-07-2394,
February 19, 2008)
3. The INTERPRETER
u  Monitors and generates the calendar of cases.
u  Observes the limits imposed by the Judge on the number
of cases per session vis-à-vis the nature of proceeding.
u  Observes the priorities set by the Judge for scheduling
cases.
u  Prepares the Minutes of Hearing.
u  Translates when needed during hearings and trial.
4.  The CIVIL AND CRIMINAL DOCKET CLERKS
u  Encodes all case information (all court-issued and court-bound
papers) in the physical/digital docket books.
u  Makes a daily tally of case activities preparatory to the monthly
inventory report, as well as collates all data and needed
attachments for the same and for the semestral inventory
report.
u  Releases all court-issued papers and files all court-bound papers
after encoding them.
u  Readies records of cases for preparation of calendar by the
Interpreter and for actual hearing.
u  Addresses status verification queries from litigants.
5. The STENOGRAPHER
u  Takes notes of court proceedings and transcribes them
(TSN) within 10 days from date thereof.
u  Drafts the written orders dictated by the Judge in open
court and in chambers.
u  Encodes the Judge’s decisions and resolutions.
u  Prepares notices of hearing, summons, subpoena, warrants
of arrest, writs, and other court processes, as directed by
the Judge or the Branch Clerk of Court.
6. The SHERIFF AND/OR PROCESS SERVER
u  Responsible for the service of summons, orders and other
court processes.
u  Files returns for the service of court processes.
u  Utilizes the Sheriff’s Trust Fund with proper approved
requests and liquidation of expenses.
u  Maintains a Service Logbook to track the service of court
processes and the filing of returns.
CASE MANAGEMENT: Interplay between
the Judge and the Clerk of Court
COC
COC
COC
COC
JUDGE
JUDGE
JUDGE
JUDGE
CASE MANAGEMENT: Ideal Interplay
between the Judge and the Staff
JUDGE
SHERIFF AND
BRANCH CLERK
PROCESS
OF COURT
SERVER
DOCKET
INTERPRETER AND CLERKS
STENOGRAPHER
TOOLS IN CASE MANAGEMENT
SEMESTRAL DOCKET REPORT AND DISPOSAL
eCourt System MONTHLY REPORTS
INVENTORY REPORT OF LONG DECIDED CASES
Cases terminated five (5) years

Inputs all case information Semestral count of cases and Monthly count of pending cases, newly
and above counted from entry of
their status: January and July filed less disposals
judgment
Physical inventory of every Lists the cases submitted for decision Report is submitted every
Calendar of cases and those decided November
active case record
Includes copies of orders submitting a Retention of important pleadings

Tabulation of all active and
Automated Trial case for decision, decisions and final such as the Complaint, Answer,
archived cases orders Information, Decision, etc.
Submission of Reports in both Actual disposal of residual-every

Generates Orders after hearing
the Old and New Forms January
Court Forms/Template of
Orders
eCourt System
TOOLS IN CASE MANAGEMENT:
Semestral Docket Inventory
u  Administrative Circular No. 76-2007 dated August 31, 2007
u  Personally conducted by the Judge and the Branch Clerk of Court within
one week of every semester -January and July
u  The Judge and the BCC personally examine each and every record of the
case and initial the last page thereof, and prepare the tabulation of
cases.
u  Cases included:
•  For newly appointed Judge: all cases pending at the time of assumption
including cases filed and disposed of (archived, transferred to other
branches or stations and decided cases) which were not reported in the
previous semestral inventory
•  All Judges: all cases pending at the end of the semester including all
cases filed and disposed of (archived, transferred to other branches or
stations and decided cases) during the semester
Semestral Inventory Report
Form
TOOLS IN CASE MANAGEMENT:
Monthly Report of Cases
u  Administrative Circular No. 4-2004 dated February 4, 2004
u  Accomplished by the BCC and the docket clerks
u  Tabulates the pending cases, the archived cases, the decided or
transferred cases at the end of each month
u  Report for the month shall be submitted within the first 10 days
of the succeeding month
u  Includes copies of cases submitted for decision, copies of
decisions and final orders
u  NOW: eCourt generated
Monthly Report of Cases
(Prescribed Form)
TOOLS IN CASE MANAGEMENT: Report
and Destruction of Long Decided Cases
u  OCA Circular No. 142-2015, OCA Circular No. 14-2015 and A.M. No.
07-3-09-SC
u  Disposal and destruction of long decided cases
u  20 years and above; 5 years and above
u  Scanning and Retention of a copy of Information, Complaint, Answer,
Identity of Accused , Exhibits, Decision or Final Order, including those
of the appellate courts, and Entry of Judgment
u  Files of Cases retained regardless of age: Land Registration cases,
Estate cases, Support cases, historically important cases
u  Inventory Report submitted every November 30 of each year
u  Annual records disposal every first week January
Flowchart of Ordinary Civil Actions under the
2019 Amendments to the 1997 Rules of Court
(Simplified Sequence)
Initiatory Responsive Interlocutory Expedited Regular

Pleadings Summons Pleadings Matters Pre-Trial Judgment Trial Judgment Execution
Flowchart of Ordinary Civil Actions
(Court Process-Centric)
START
Issue Order Trial
of Default (Plaintiff)
Filing of
Initiatory Y
Pleading Demurrer
Moved for N Issue Pre-Trial Pre-Trial to
Default? Notice Conference Evidence N
filed?
Dismiss N
under Rule Issue Summons Y
9.1? N Y
Motion for Court-Annexed Granted?
Summary Jt Mediation
Y N
Serve Answer Y
Summons filed? Trial
Motion for Jt (Defendant
Judicial Dispute
on the )
Resolution
Pleadings
N Service Y
Dismiss File Return
ok?
N
Successful N
Granted?
?
Y Y
END Render Judgment

Flowchart of Criminal Cases under the
Revised Guidelines for Continuous Trial
(Regular Rules)
Issuance of Summary
Information Interlocutory Arraignment Hearing: Promulgation
Warrant of Trial
Matters and Pre-Trial of Judgment
Arrest Bail
JUDGMENT
REVISED RULE OF PROCEDURE FOR
HEARING
SMALL CLAIMS
RESPONSE
OF HEARING
AND NOTICE
SUMMONS
EVALUATION
STATEMENT
OF CLAIM
Thank you!

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Copyright 2020 by Maria Filomena D. Singh (Associate Justice, Court of Appeals, Manila, Philippines). All rights reserved.

Not for commercial use.

v  It is the management of the day to day

(1) ADMINISTRATIVE – management of the

1. The JUDGE = the “Court Manager”

Cases terminated five (5) years

Includes copies of orders submitting a Retention of important pleadings

Submission of Reports in both Actual disposal of residual-every

Initiatory Responsive Interlocutory Expedited Regular

END Render Judgment

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Justice Singh PDF

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Copyright:

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You might also like

Justice Singh PDF

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Copyright

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Justice Singh PDF

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Copyright 2020 by Maria Filomena D. Singh (Associate Justice, Court of Appeals, Manila, Philippines). All rights reserved.

Not for commercial use.

v It is the management of the day to day

(1) ADMINISTRATIVE – management of the

1. The JUDGE = the “Court Manager”

Cases terminated five (5) years

Includes copies of orders submitting a Retention of important pleadings

Submission of Reports in both Actual disposal of residual-every

Initiatory Responsive Interlocutory Expedited Regular

END Render Judgment

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v  It is the management of the day to day