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:
"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.
Manila, March 12,
1986.
[Sgd.]
CLAUDIO
TEEHANKEE
Chief
Justice
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