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This web page contains the full text of
Rule 135 of the Rules of Court
POWERS AND DUTIES OF COURTS AND JUDICIAL OFFICERS


   
 

POWERS AND DUTIES OF COURTS AND JUDICIAL OFFICERS

Rule 135

SECTION 1.  Courts always open; justice to be promptly and impartially administered. -  Courts of justice shall always be open, except on legal holidays, for the filing of any pleadings, motion or other papers, for the trial of cases, hearing of motions, and for the issuance of orders or rendition of judgments.  Justice shall be impartially administered without unnecessary delay.chanrobles virtualawlibrary

SEC. 2.  Publicity of proceedings and records. – The sitting of every court of justice shall be public, but any court may, in its discretion, exclude the public when the evidence to be adduced is of such nature as to require their exclusion in the interest of morality or decency.  The records of every court of justice shall be public records and shall be available for the inspection of any interested person, at all proper business hours, under the supervision of the clerk having custody of such records, unless the court shall, in any special case, have forbidden their publicity, in the interest of morality or decency. chan robles virtual law library

SEC. 3.  Process of superior courts enforced throughout the Philippines. -  Process issued from a superior court in which a case is pending to bring in a defendant, or for the arrest of any accused person, or to execute any order or judgment of the court, may be enforced in any part of the Philippines.

SEC. 4.  Process of inferior courts. -  The process of inferior courts shall be enforceable within the province where the municipality or city lies.  It shall not be served outside the boundaries of the province in which they are comprised except with the approval of the judge of the Regional Trial Court of said province, and only in the following cases:chanroblesvirtuallawlibrary

(a) When an order fo the delivery of personal property lying outside the province is to be complied with;

(b) When an attachment of real or personal property lying outside the province is to be made; chan robles virtual law library

(c) When the action is against two or more defendants residing in different provinces; and

(d) When the place where the case has been brought is that specified in a contract in writing between the parties, or is the place of the execution of such contract as appears therefrom. chan robles virtual law library
Writs of execution issued by inferior courts may be enforced in any part of the Philippines without any previous approval of the judge of first instance.chanrobles virtualawlibrary

Criminal process may be issued by a justice of the peace or other inferior court, to be served outside his province, when the district judge, or in his absence the provincial fiscal, shall certify that in his opinion the interests of justices require such service. chan robles virtual law library

SEC. 5.  Inherent powers of courts. -  Every court shall have power:chanroblesvirtuallawlibrary

(a) To preserve and enforce order in its immediate presence;

(b) To enforce order in proceedings before a person or persons empowered to conduct a judicial investigation under its authority;

(c) To compel obedience to its judgments, orders and processes, and to the lawful order of judge out of court, in a case pending therein;

(d) To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a case before it, in every manner appertaining thereto;

(e) To compel the attendance of persons to testify in a case pending therein;

(f) To administer or cause to be administered oaths in a case pending therein, and in all other cases where it may be necessary in the exercise of its powers; chan robles virtual law library

(g) To amend and control its process and orders so as to make them comformable to law and justice;

(h) To authorize copy of a lost or destroyed pleading or other paper to be filed and used instead of the original, and to restore, and supply deficiencies in its records and proceedings.
SEC. 6.  Means to carry jurisdiction into effect. -  When by law, jurisdiction is conferred on a court or judicial officer, all auxiliary writs, processes and other means necessary to carry it into effect may be employed by such court or officer;  and if the procedure to be followed in the exercise of such jurisdiction is not specifically pointed out by law or by these rules, any suitable process or mode of proceeding may be adopted which appears conformable to the spirit of said law or rules.chanrobles virtualawlibrary

SEC. 7.  Trial and hearings; orders in chambers. -  All trial upon the merits shall be conducted in open court and so far as convenient in a regular court room.  All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials. chan robles virtual law library

SEC. 8.  Interlocutory orders out of province. -  A judge of Regional Trial Court shall have power to hear and determine, when within the district though without his province, any intelocutory motion or issue after due and reasonable notice to the parties.  On the filing of a petition for the writ of habeas corpus or for release upon bail or reduction of bail in any Regional Trial Court, the hearing may be had at any place in the judicial district which the judge shall deem convenient.

SEC. 9.  Signing judgments out of province. -  Whenever a judge appointed or assigned in any province or branch of a Regional Trial Court in a province shall leave the province by transfer or assignment to another court of equal jurisdiction, or by expiration of his 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 only in part, the Supreme Court, upon petition of any of the parties to the case and the recommendation of 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.chanrobles virtualawlibrary

 

PHILIPPINE JUDICIAL SYSTEM 
Background on the Philippine Judicial System
Philippine Judicial Hierarchy
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Constitutional Provisions on the Judiciary
Rules of Court of the Philippines
Supreme Court Decisions
Supreme Court Circulars
Philippine Law Update:  The Supreme Court & the Judiciary

2006 DIRECTORY OF JUSTICES AND JUDGES 
of the following courts:

PHILIPPINE JUDICIAL SYSTEM
DIRECTORY OF JUSTICES AND JUDGES
 
Supreme Court
Court of Appeals
Sandiganbayan
Court of Tax Appeals
Regional Trial Courts
Metropolitan Trial Courts in Cities
Municipal Trial Courts/Municipal Circuit Courts
Shari'a District Courts
Shari'a Circuit Courts

 

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