SECTION 1. Arms
and great seal of court. - The arms and great seal of the
Supreme
Court are these:chanroblesvirtuallawlibrary
Arms
– Paleways
of two pieces azure and gules super-imposed a balance or center with
two
tablets containing the commandments of God or on either side; a chief
argent
with three mullets or equidistant f rom 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:chanroblesvirtuallawlibrarychan robles virtual law library red
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 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 the text “Court
of Appeals, Republic of the Philippines.”
The arms and seal of the
Regional Trial Court shall be the same as that of the Supreme Court
with
the only difference that the seal shall bear around the garland, the
text “Regional Trial Court, the name of the province, Republic of
the
Philippines.” (As amended by Resolution of the
Supreme Court dated Nov. 10,
1967).
SEC. 2. Style of process. - Process shall be
under the seal of the court from which
it
issues, be styled “Republic of the Philippines, Province of
_________________” to be signed by the clerk and bear date the day
it actually
issued.
SEC. 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 the office at Manila and all papers
authorized
or required to be filed therein shall be filed at Manila.
SEC. 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.
SEC. 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 follow as a matter of course under these
rules, and may also, when directed so to do by the judge, receive the
accounts
off executors, administrators, guardians, trustees, and receivers, and
all evidence relating to them, or to the settlement of the estates of
deceased
persons, or to guardianships, trusteeships, or receiverships, and
forthwith
transmit such reports, accounts, and evidence to the judge, together
with
the findings in relation to the same, if the judge shall direct him to
make findings and include the same in his report.
SEC. 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 and enter its proceedings for each day
in a minute book to be kept by him.
SEC. 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 seal and furniture belonging to his
office.chan robles virtual law library red
SEC. 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 a 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 12. Other books
and duties. – The clerk shall keep such other books and
perform
such other duties as the court may direct.
SEC. 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.
SEC. 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, and the attorneys de
officio shall be permitted, upon proper receipt, to
withdraw
from the clerk’s office the record of any case in which they are
interested.
SEC. 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 eight inches in length by eight and one-half inches in width,
leaving
a margin at the top and at 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 paper 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.chan robles virtual law library red
Resolution of the Court en banc dated November 24, 1992,
provides:chanroblesvirtuallawlibrary
The
court motu proprio Resolved to further amend Sections 15 and
16,
Rule 136 of the Rules of Court, as well as its Resolution of Sept. 17,
1974 as amended by Resolution dated February 23, 1984, as follows:chanroblesvirtuallawlibrary
Effective
immediately and until further actions of the Court, all pleadings,
briefs,
memoranda, motions and other papers to be filed before the Supreme
Court
and the Court of Appeals shall either be typewritten on good quality,
unglazed
paper, or mimeographed or printed on newsprint or mimeograph paper, 11
inches in length by 8-1/2 inches in width (commonly known as letter
size)
or 13 inches in length by 8-1/2 inches in width (commonly known as
legal
size). There shall be a margin at the top and at the left-hand
side
of each page not less than 1-1/2 inches width. The contents shall
be written double-spaced and only one side of the page shall be used.
In
the Supreme Court, eighteen (18) legible copies of the petition shall
initially
be filed, and eighteen (18) copies of subsequent pleadings, briefs,
memoranda,
motions and other papers shall be filed in cases for consideration of
the
Court en banc and nine (9) copies in cases to be heard before a
division. One (1) copy thereof shall be served upon each of the
adverse
parties in either case.
In
the Court of Appeals, seven (7) legible copies of pleadings, briefs,
memoranda,
motions and other papers shall be filed and one (1) copy thereof shall
be served on each of the adverse parties.
SEC. 16. Printed
papers.
- All papers required by these rules to be printed shall be
printed
with black ink on unglazed paper, with pages six inches in width by
nine
inches in length, 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.chanrobles virtualawlibrary
SEC. 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 notes are received by him. When such notes are transcribed,
the transcript shall be delivered to the clerk, duly initialed on each
page thereof, to be attached to the record of the case.(See Administrative Circular No. 24-90 (July 12, 1990) Re:
Revised
Rules on Transcription of Stenographic Notes and Their Transmission to
Appellate Courts).
chan robles virtual law library red
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.
SEC. 18. Docket
and other records of inferior courts. - Every municipal or
city
judge shall keep a well-bound labeled “docket,” in which he
shall
enter for each case:chanroblesvirtuallawlibrary
(a) Title of
the
case including the nsame 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 order of arrest and
subpoenas,
and the date and nature of the return thereon;
(d) The date of the
appearance
of default of the defendant;
(e) The date of
presenting
the plea, answer, or motion to quash, and the nature of the same;chan robles virtual law library red
(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 costs;chan robles virtual law library red
(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 municipal or city
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 not be necessary for the municipal or city judge to reduce to
writing the testimony of witnesses, except that of the accused in
preliminary
investigations.
SEC. 19. Entry on
docket of inferior courts. - Each Metropolitan Trial judge
shall,
at the beginning and in front of all his entries in his docket, make
and
subscribe substantially the following entry:chanroblesvirtuallawlibrary
“A
docket
of proceedings in cases before _________________________ (metropolitan
trial judge) of the municipality (or city) of ______________________ in
the prvince of __________________________, Republic of the Philippines.Witness
my signature,
_______________________________________Municipal(or
Metropolitan Trial
Judge)"
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