oca circular no. 51 2011

2
OCA CIRCULAR NO. 51-2011 SUBJECT : THE JUDGES AND CLERKS OF COURT OF THE CONCERNED FIRST AND SECOND LEVEL COURTS WHERE PHILIPPINE MEDIATION CENTER (PMC) UNITS HAVE BEEN ESTABLISHED CONSOLIDATED A~'qD REVISED GUIDELINES TO IMPLEMENT THE EXPANDED COVERAGE OF COURT- ANNEXED MEDIATION (CAM) AND JUDICIAL DISPUTE RESOLUTION (JDR), AND REITERATION OF THE GUIDELINES ON THE COLLECTION OF FEES FOR THE MEDIATION FUND UNDER SECTION 9, RULE 141 OF THE RULES OF COURT AS REVISED AND OCA CIRCULAR NO. 58-2007 DATED 24 MAY 2007 In the Resolution dated 11 January 2.Oll in A.M. No. ll-I-6-SC-PHILJA, the Court En Banc approved the Consolidated and Revised Guidelines to Implement the Expanded Coverage of Court-Annexed Mediation (CAM.) and Judicial Dispute Resolution (JDR). The Consolidated and Revised Guidelines have expanded mediation to also cover the civil aspect of less grave felonies punishable by correctional penalties not exceeding six (6)),ears imprisonment, where the offended party is a private person. The expanded coverage also include those cases enumerated ill Administrative Circular No. 2o-2oo2 dated 24 April 2oo2, and reiterated in ( CA Circular Nos. 57-2007 dated 24 May 2007 and 158-2OLO dated 23 November 2OLO, to wit: Conduct a monthly inventow of cases in their dockets referable to mediation Pursuant to the Court's Second Revised Guidelines dated 16 October 2ool, tbe cases that may be referred are as follows: All cases, settlement of estates, and cases covered by the Rule on Summary Procedure except those which by Iaw may not be compromised: b. Cases cognizable by' the Lupong Tagapamayapa under the Katarungang Pambarangay Law; c.The civil aspect of B.P. 22 cases; arid d. The cM1 aspect of quasi-offenses under Title 14 of the Revised Penal Code."

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  • OCA CIRCULAR NO. 51-2011

    SUBJECT :

    T H E J U D G E S A N D C L E R K S O F C O U R T O F T H ECONCERNED FIRST AND SECOND LEVEL COURTSW H E R E P H I L I P P I N E M E D I AT I O N C E N T E R ( P M C ) U N I T SHAVE BEEN ESTABLISHED

    C O N S O L I D A T E D A ~ ' q D R E V I S E D G U I D E L I N E S T OI M P L E M E N T T H E E X PA N D E D C O V E R A G E O F C O U R T -A N N E X E D M E D I AT I O N ( C A M ) A N D J U D I C I A L D I S P U T ER E S O L U T I O N ( J D R ) , A N D R E I T E R A T I O N O F T H EG U I D E L I N E S O N T H E C O L L E C T I O N O F F E E S F O R T H EMEDIAT ION FUND UNDER SECT ION 9 , RULE 141 OF THERULES OF COURT AS REVISED AND OCA C IRCULAR NO.58-2007 DATED 24 MAY 2007

    In the Resolution dated 11 January 2.Oll in A.M. No. ll-I-6-SC-PHILJA, the CourtEn Banc approved the Consolidated and Revised Guidelines to Implement the ExpandedCoverage of Court-Annexed Mediation (CAM.) and Judicial Dispute Resolution (JDR).

    The Consolidated and Revised Guidelines have expanded mediation to also coverthe civil aspect of less grave felonies punishable by correctional penalties not exceedingsix (6)),ears imprisonment, where the offended party is a private person.

    The expanded coverage also include those cases enumerated ill AdministrativeCircular No. 2o-2oo2 dated 24 April 2oo2, and reiterated in ( CA Circular Nos. 57-2007dated 24 May 2007 and 158-2OLO dated 23 November 2OLO, to wit:

    Conduct a monthly inventow of cases in their dockets referable tomediat ion Pursuant to the Court 's Second Revised Guidel inesdated 16 October 2ool, tbe cases that may be referred are asfollows:

    All cases, settlement of estates, and cases covered by the Rule onSummary Procedure except those which by Iaw may not becompromised:

    b . Cases cognizable by' the Lupong Tagapamayapa under theKatarungang Pambarangay Law;

    c.The civil aspect of B.P. 22 cases; arid

    d . The cM1 aspect of quasi-offenses under Title 14 of the RevisedPenal Code."

  • For your information and guidance, a copy of the Consolidated and RevisedGuidelines to Implement the Expanded Coverage of Court-Annexed Mediation (CAM)and Judicial Dispute Resolution (JDR) is attached hereto as Annex "A" and a list of thePhilippine Mediation Center (PMC) units established and organized in different stationsas Annex "B".

    In addition, it has been brought to the attention of this Office that collection offees for the Mediation Fund nationwide, as mandated under Section 9, Rule 141 of theRules of Court as revised, and reiterated in OCA Circular No. 58-2007, is not beingstrictly implemented, particularly as to the collection of mediation fees upon the filing of"an Answer with mediatable permissive or compulsory counterclaim or cross-claim,complaint-in-intervention, third-party complaint, fourth-party complaint, etc. in civilcases''1 and "that an accused-appellant shall also be exempt from contributing to theMediat ion Fund. ' '2 Accordingly, said guidel ines on the col lect ion of fees for theMediation Fund is hereby REITERATED.

    For strict compliance.

    6 April :2011.

    k._.~ourt Administrator

    ' Section 9 A., Rule 141 of the Rules of Court.2 Section 9 B., Rule 141 of the Rules of Court.