Article 13p. 13

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

temporary assignment, without having decided a case

totally heard by him and which was argued or an

opportunity given for argument to the parties or their

counsel, it shall be lawful for him to prepare and sign his

decision in said case anywhere within the Philippines. He

shall send the same by registered mail to the clerk of the

court where the case was heard or argued to be filed

therein as of the date when the same was received by the

clerk, in the same manner as if he had been present in

court to direct the filing of the judgment. If a case has

been heard only in part, the Supreme Court, upon

petition of any of the parties to the case and the

recommendation of the respective district judge, may

also authorize the judge who has partly heard the case, if

no other judge had heard the case in part, to continue

hearing and to decide said case notwithstanding his

transfer

or

appointment

to

another

court

of

equal

jurisdiction.

RULE 136 Court Record and General Duties of

Clerk and Stenographers

Section 1. Arms and great seal of court . — The arms and

great seal of the Supreme Court are these:

Arms

—

Paleways

of

two

pieces

azure

and

gules

superimposed a balance or center with two tablets

containing the commandments of God or on either side;

a chief argent with three mullets or equidistant from

each other; in point of honor, avoid argent over all the sun

rayonnant or with eight major and minor rays.

The great seal of the Supreme Court shall be circular in

form, with the arms as described in the last preceding

paragraph

and

a

scroll

argent

with

the

following

inscriptions: Lex Populusque , and surrounding the whole

a garland of laurel leaves; in or around the garland the

text "Supreme Court, Republic of the Philippines."

The arms and the seal of the Court of Appeals shall be the

same

as that of the Supreme Court with the only

difference that in the seal shall bear around the garland

and text "Court of Appeals, Republic of the Philippines."

The arms and the seal of the Court of First Instance shall

be the same as that of the Supreme Court with the only

difference that in the seal shall bear around the garland

and

text "Court of First Instance, the name of the

province, Republic of the Philippines."

Section 2. Style of process . — Process shall be under the

seal of the court from which it issues, be stayed "Republic

of the Philippines, Province or City of . . . . . . . . . . . . . . . ." to be

signed by the clerk and bear date the day it actually

issued.

Section 3. Clerk's office . — The clerk's office, with the

clerk or his deputy in attendance, shall be open during

business hours on all days except Sundays and legal

holidays. The clerk of the Supreme Court and that of the

Court of Appeals shall keep office at Manila and all papers

authorized or required to be filed therein shall be filed at

Manila.

Section 4. Issuance by clerk of process . — The clerk of a

superior court shall issue under the seal of the court all

ordinary writs and process incident to pending cases, the

issuance

of

which

does not involve the exercise of

functions appertaining to the court or judge only; and

may, under the direction of the court or judge, make out

and

sign

letters

of

administration,

appointments

of

guardians,

trustees, and receivers, and all writs and

process issuing from the court.

Section 5. Duties of the clerk in the absence or by

direction of the judge . — In the absence of the judge, the

clerk may perform all the duties of the judge in receiving

applications,

petitions,

inventories,

reports,

and

the

issuance of all orders and notices that follows as a matter

of course under these rules, and may also, when directed

so to do by the judge, receive the accounts of executors,

administrators, guardians, trustees, and receivers, and all

evidence relating to them, or to the settlement of the

estates

of

deceased

persons,

or

to

guardianship,

trusteeships,

or receiverships, and forthwith transmit

such

reports,

accounts,

and

evidence to the judge,

together with his findings in relation to the same, if the

judge shall direct him to make findings and include the

same in his report.

Section

6.

Clerk

shall

receive

papers

and

prepare

minutes . — The clerk of each superior court shall receive

and

file

all

pleadings

and

other

papers

properly

presented, endorsing on each such paper the time when

it was filed, and shall attend all of the sessions of the

court enter its proceedings for each day in a minute book

to be kept by him.

Section 7. Safekeeping of property . — The clerk shall

safely keep all records, papers, files, exhibits and public

property committed to his charge, including the library of

the court, and the seals and furniture belonging to his

office.

Section 8. General docket . — The clerk shall keep a

general docket, each page of which shall be numbered

and prepared for receiving all the entries in a single case,

and shall enter therein all cases, numbered consecutively

in the order in which they were received, and, under the

heading of each case and complete title thereof, the date

of each paper filed or issued, of each order or judgment

entered, and of each other step taken in the case so that

by reference to a single page the history of the case may

be seen.

Section 9. Judgment and entries book . — The clerk shall

keep

a

judgment

book

containing

a copy of each

judgment rendered by the court in order of its date, and a

book of entries of judgments containing at length in

chronological order entries of all final judgments or

orders of the court.

Section 10. Execution book . — The clerk shall keep an

execution book in which he or his deputy shall record at

length in chronological order each execution, and the

officer's return thereon, by virtue of which real property

has been sold.

Section 11. Certified copies . — The clerk shall prepare, for

any person demanding the same, a copy certified under

the

seal

of

the

court

of

any

paper,

record,

order,

judgment, or entry in his office, proper to be certified, for

the fees prescribed by these rules.

Section 12. Other books and duties . — The clerk shall

keep such other books and perform such other duties as

the court may direct.

Section

13.

Index; separating cases . — The general

docket, judgment book, entries book and execution book

shall each be indexed in alphabetical order in the names

of the parties, and each of them. If the court so directs,

the clerk shall keep two or more of either or all of the

books and dockets above mentioned, separating civil

from criminal cases, or actions from special proceedings,

or otherwise keeping cases separated by classes as the

court shall deem best.

Section 14. Taking of record from the clerk's office . — No

record shall be taken from the clerk's office without an

order of the court except as otherwise provided by these

rules.

However,

the

Solicitor

General

or

any

of

his

assistants, the provincial fiscal or his deputy, the attorneys

de oficio shall be permitted, proper receipt, to withdraw

from the clerk's office the record of any cases in which

they are interested.

Section

15.

Unprinted

papers .

—

All

unprinted

documents

presented to the superior courts of the

Philippines shall be written on paper of good quality

twelve and three inches in length by eight and one-half

inches in width, leaving a margin at the top and the

left-hand side not less than one inch and one-half in

width. Papel catalan , of the first and second classes, legal

cap, and typewriting paper of such weight as not to

permit the writing of more than one original and two

carbons at one time, will be accepted, provided that such

papers is of the required size and of good quality.

© Compiled By RGL

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