Uniform guidelines on the suspension of work, trial court operations

The Supreme Court’s Strategic Plan for Judicial Innovations (SPJI) 2022–2027 is now at its midpoint. As it progresses, reforms continue to strengthen judicial efficiency, modernize systems and widen access to justice.

In line with this transformation, the Supreme Court approved the Uniform Guidelines on the Suspension of Work and Court Operations in the Trial Courts (A.M. 25-10-21-SC). The issuance standardizes the process for suspending court work in situations such as typhoons, natural calamities, transport strikes, power outages and local holidays. The goal is to ensure a clear, timely and uniform approach across all trial courts nationwide.

The underlying principle of the guidelines is decentralization. Rather than waiting for a central directive, the authority to act promptly is vested in the Office of the Court Administrator (OCA), the Offices of the Regional Court Managers (ORCMs) and the respective Executive Judges (EJs). This recognizes that local conditions differ and that those on the ground are in the best position to assess and respond quickly.

Under the guidelines, the ORCM may declare a suspension at least one week before a permanent local holiday. For temporary local holidays, celebrations, or Muslim religious observances, the ORCM may act within one day upon receiving verified information from the Executive Judge. This ensures that cultural and regional circumstances are respected while maintaining orderly administration of court schedules.

During weather disturbances such as typhoons, habagat, or prolonged heavy rains, the ORCM is authorized to suspend court operations for up to three days. In the case of sudden calamities such as earthquakes, fires, or volcanic eruptions, the Executive Judge may issue a suspension order for up to one day, subject to review by the ORCM. Such immediate authority protects not only court staff but also litigants, lawyers and the public who interact with the justice system daily.

The same procedural safeguards apply in cases of transport strikes, major rallies, or demonstrations that significantly disrupt movement and public safety. For unannounced power interruptions lasting beyond two hours, the Executive Judge may order a same-day suspension. If the interruption continues beyond three days, an extension requires clearance from the OCA through the ORCM. Interruptions in internet or water supply are not considered sufficient grounds for suspension.

There may also be cases where a full suspension is unnecessary, but hearings cannot proceed due to the absence of witnesses, parties or counsel. In such instances, the Executive Judge may recommend the suspension of hearings, subject to ORCM approval. This avoids blanket suspensions while acknowledging case-specific realities.

In all cases of suspension, the guidelines require courts to maintain a skeleton workforce. Justice must not completely stop. Urgent matters such as bail applications, release orders, temporary restraining orders and writs of habeas corpus must still be acted upon without delay. Courts must also promptly notify litigants, lawyers, law enforcement agencies and other stakeholders to avoid confusion, ensure public awareness, and maintain confidence in the system.

This issuance reinforces the Supreme Court’s commitment to a justice system that is efficient yet compassionate, responsive yet orderly. It recognizes the need to balance the continuity of judicial service with the welfare and safety of court personnel and the public. In times of uncertainty, clarity and preparedness are themselves forms of justice.

For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.