ChanRobles Virtual law Library










This web page features the full text of
CIRCULAR NO. 3.
[1986]
CIRCULAR NO. 3
[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:chanroblesvirtuallawlibrary

    "SEC. 18. Death or separation of party who is a 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 subtantial 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 continous 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 therefor and accorded an opportunity to object." (Italics supplied). 

In consonance with the above Rule and to help clear the dockets, the Courts may moto proprio 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 officers who have ceased to hold office under the new government headed by President Corazon C. Aquino. 

Please be guided accordingly.cralaw:red

Manila, March 12, 1986.

   
 

[Sgd.] CLAUDIO TEEHANKEE 
Chief Justice
Back to Top  -  Back to Home  -  Back to Main Index

  chanroblesvirtualawlibrary

Since 19.07.98
 chanroblesvirtualawlibrary

 





































chanrobles.com




ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com