CIRCULAR NO. 3 March 12, 1986
TO: ALL JUSTICES OF THE INTERMEDIATE APPELLATE COURT AND SANDIGANBAYAN; AND ALL JUDGES OF THE COURT OF TAX APPEALS, REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI'A COURTS.
SUBJECT: PROCEDURE IN CASES INVOLVING GOVERNMENT OFFICERS WHO HAVE CEASED TO HOLD OFFICE
For your guidance and ready reference, quoted hereunder is Section 18 of Rule 3 of the Revised Rules of Court:
Sec. 18 . Death or Separation of Party who is government officer. — When an officer of the Philippines is a party in action and during its pendency dies, resigns, or otherwise ceases to hold office, the action may be continued and maintained by or against his successors, if within thirty (30) days after the successor takes office it is satisfactorily shown to the court that there is a substantial need for continuing and maintaining it. Substitution pursuant to this rule may be made when it is shown by supplemental pleading that the successor of an officer adopts or continuos or threatens to adopt or continue the action of his predecessors in enforcing a law averred to be in violation of the Constitution of the Philippines. Before a substitution is made, the officer or party to be affected, unless expressly assenting thereto, shall be given reasonable notice of the application therefore and accorded an opportunity to object. (Emphasis supplied).
In consonance with the above Rule, and to help clear the dockets, the Courts may motu propio send notices to the parties to file their manifestations within the reglementary thirty-day period whether there is still a substantial need for continuing or maintaining the pending cases filed by or against government offices who have ceased to hold office under the new government headed by President Corazon C. Aquino.
Please be guided accordingly.
Manila, March 12, 1986.
(Sgd.) CLAUDIO TEEHANKEE
Acting Chief Justice
The Lawphil Project - Arellano Law Foundation
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