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 rayonant 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. Documents written with ink shall not be of more than twenty-five lines to one page. Typewritten documents shall be written double spaced. One side only of the page will be written upon, and the different sheets will be sewn together, firmly, by five stitches in the left -hand border in order to facilitate the formation of the expediente, and they must not be doubled.

Section 16. Printed papers. All papers require by these rules to be printed shall be printed with blank ink on unglazed paper, with pages six inches in width by nine inches in length, in pamphlet form. The type used shall not be smaller than twelve point. The paper used shall be of sufficient weight to prevent the printing upon one side from being visible upon the other.

Section 17. Stenographer. It shall be the duty of the stenographer who has attended a session of a court either in the morning or in the afternoon, to deliver to the clerk of court, immediately at the close of such morning or afternoon session, all the notes he has taken, to be attached to the record of the case; and it shall likewise be the duty of the clerk to demand that the stenographer comply with said duty. The clerk of court shall stamp the date on which such notes are received by him. When such notes are transcribed the transcript shall be delivered to the clerk, duly initiated on each page thereof, to be attached to the record of the case.

Whenever requested by a party, any statement made by a judge of first instance, or by a commissioner, with reference to a case being tried by him, or to any of the parties thereto, or to any witness or attorney, during the hearing of such case, shall be made of record in the stenographic notes.

Section 18. Docket and other records of interior courts. Every justice of the peace and municipal judge shall keep a well-bound book labeled "docket" in which he shall enter for each case:

(a) The title of the case including the names of all the parties;

(b) The nature of the case, whether civil or criminal, and if the latter, the offense charged;

(c) The date of issuing preliminary and intermediate process including orders of arrest and subpoenas, and the date and nature of the return thereon;

(d) The date of the appearance or default of the defendant;

(e) The date of presenting the plea, answer, or motion to quash, and the nature of the same;

(f) The minutes of the trial, including the date thereof and of all adjournments;

(g) The names and addresses of all witnesses;

(h) The date and nature of the judgment, and, in a civil case, the relief granted;

(i) An itemized statement of the coast;

(j) The date of any execution issued, and the date and contents of the return thereon;

(k) The date of any notice of appeal filed, and the name of the party filing the same.

A justice of the peace or municipal judge may keep two dockets, one for civil and one for criminal cases. He shall also keep all the pleadings and other papers and exhibits in cases pending in his court, and shall certify copies of his docket entries and other records proper to be certified, for the fees prescribed by these rules. It shall be necessary for the justice of peace or municipal judge to reduce writing the testimony of witnesses, except that of the accused in preliminary investigations.

Section 19. Entry on docket of interior courts. Each justice of the peace or municipal judge shall, at the beginning and in from of all his entries in his docket, make and subscribe substantially the following entry:

A docket of proceedings in cases before . . . . . . . . . . . . . . . . . . . . . . .; justice of the peace) or municipal judge) of the municipality (or city) of . . . . . . . . . . . ., in the province of . . . . . . . . . . . . . . Republic, of the Philippines.

Witness my signature,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Justice of Peace (or Municipal Judge)

The Lawphil Project - Arellano Law Foundation