EN BANC

A.M. No. 04-7-400-RTC

RE: JUDICIAL AUDIT AND PHYSICAL INVENTORY OF CONFISCATED CASH, SURETY AND PROPERTY BONDS AT THE RTC OF GAPAN CITY, BRANCHES 34, 35, 36 AND 87

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 1 2005.

The Court Resolved, upon the recommendation of the Office of the Court Administrator, to

Branch 34

(a)     DIRECT the Presiding Judge and Officer-in-Charge/Branch Clerk of Court to SUBMIT, within fifteen (15) days from notice hereof, proof of compliance on the action taken with respect to

(i)           Cases where no order of forfeiture on the bond was issued, namely, Criminal Case Nos. 10981, 7804, 4870, 9834, 8417, 8418, 8585, 8176, 8040, 10057 and 1010;

(ii)           Cases where no judgment on the bond and/or writ/order of execution was issued/rendered, namely, Criminal Case Nos. 8145, 8589, 10326, 9979, 9302, 10982, 10425, 4364, 10672, 9048, 11411, 9335, 8822, 8823, 4883 to 4886, 4861 and 11500; and

(iii)          Cases where the validity of the SC-OCA certification had lapsed or is for certain areas only, namely, Criminal Case Nos. 10599, 10915, 111359, 10416, 9599, 10914, 11358, 11258, and 10217 to 10219;

(b)     DIRECT the Presiding Judge to provide the details of each case in item (i) above insofar as the forfeiture of the bail is concerned, and adduce photocopies of the orders of forfeiture, both within fifteen (15) days from notice hereof;

(c)     DIRECT the Presiding Judge to submit, within fifteen (15) days from notice hereof, photocopies of the actions in Criminal Case Nos. 11275, 10672 and 11641 insofar as the issuance of writs of execution and the deposit of the forfeited bail to the Judiciary Development Fund (JDF) are concerned; and

(d)     REMIND the Presiding Judge and Officer-in-Charge/Branch Clerk of Court to STRICTLY ENFORCE the guidelines on the approval and confiscation of bonds, particularly A.M. No. 04-7-02-SC.-  Re:  Guidelines on Corporate Surety Bonds and OCA Circular No. 4-2002 dated 8 May 2002;

Branch 35

(a)     DIRECT the Presiding Judge and Officer-in-Charge/Branch Clerk of Court to SUBMIT, within fifteen (15) days from notice hereof, proof of compliance on the action taken with respect to

(i)           Cases where no order of forfeiture on the bond was issued, namely, Criminal Case Nos. 6013 and 7079;

(ii)           Cases where no judgment on the bond and/or writ/order of execution was issued/rendered, namely, Criminal Case Nos. 1013,1645, 2712, 4572, 4585, 5010, 6057, 6058, 7534, 7752, 7803, 7808, 7809, 7998, 7999, 8002, 8007, 8015, 8126, 8310, 8311, 8315-8324, 8430, 8503, 8504, 8558, 8627, 8634, 8997, 8998, 8999, 9352, 9456, 9482, 9496, 9554, 9753, 9923, 10149-10154, 10390-10391 and 10441; and

(iii)          Cases where the validity of the SC-OCA certification had lapsed or is for certain areas only, namely, Criminal Case Nos. 7259-7261, 8393-8396, 8401, 8448, 8545-8546, 8912, 9174, 9175, 9329, 9334, 9557, 9679,9724, 9879, 10366, 10474, 10504, 10550, 10629, 10700, 11208-02, 11210, 11218-11224, 11283, 11317, 11452, 11460, 11465, 11488 and 11499;

(b)     DIRECT the Presiding Judge to COMMENT on Criminal Case Nos. 6507, 6580 and 9728, within fifteen (15) days from notice hereof; and

(c)     REMIND the Presiding Judge and Officer-in-Charge/Branch Clerk of Court to STRICTLY ENFORCE the guidelines on the approval and confiscation of bonds, particularly A.M. No. 04-7-02-SC.-  Re: Guidelines on Corporate Surety bonds and OCA Circular No. 4-2002 dated 8 May 2002;

Branch 36

(a)     DIRECT the Presiding Judge and Branch Clerk of Court to SUBMIT to the Court, within fifteen (15) days from notice hereof, proof of compliance on the action taken with respect to

(i)           Cases where no order of forfeiture on the bond was issued;

(ii)           Cases where no judgment on the bond and/or writ/order of execution was issued/rendered; and

(iii)          Cases where the validity of the SC-OCA certification had lapsed or is for certain areas only, namely, Criminal Case Nos. 10924, 9372, 9672, 10290, 9128, 4716, 9318, 8632, 2401, 2405, 10924, 9151, 10556, 10665, 3306, 3307, 8633, 9712, 10126, 10493, 10533, 10560, 10756, 10354, 9066, 9466, 10467, 10468, 10320, 11079, 10536, 7402, 10410, 9268, and 9510 together with Criminal Case Nos. 8632 and 8518;

(b)     DIRECT the Presiding Judge to COMMENT on the action taken for the surety bail bonds in Criminal Case Nos. 6023, 9518 and 10363, within fifteen (15) days from notice hereof;

(c)     DIRECT the Presiding Judge to give the details of the action taken in Criminal Case No. 9404 insofar as the surety bond is concerned, within fifteen (15) days from notice hereof; and

(d)     REMIND the Presiding Judge and Branch Clerk of Court to STRICTLY ENFORCE the guidelines on the approval and confiscation of bonds, particularly A.M. No. 04-7-02-SC.- Re: Guidelines on Corporate Surety Bonds and OCA Circular No. 4-2002 dated 8 May 2002; and

Branch 87

(a)     DIRECT the Presiding Judge, Officer-in-Charge/Branch Clerk of Court and Sheriff to EXPLAIN, within fifteen (15) days from notice hereof, the audit findings on the approval, forfeiture and execution of bail bonds.” (93)

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

By:

(Sgd.) MA. LUISA D. VILLARAMA

Assistant Clerk of Court