Contenidos Conceptos
UNIDAD 15: Fabricación con pérdida de material (II)
When within the district but without the province, a judge of Regional Trial Court shall nevertheless have power to hear and determine any interlocutory motion or issue after due and reasonable notice to the parties. The hearing may be had at any place in the judicial district which the judge deems convenient on the filing, in any RTC:
(1) Of a petition for the writ of habeas
corpus;
(2) For release upon bail or reduction of bail [Sec. 8, Rule 135].
SIGNING JUDGMENTS OUT OF PROVINCE It shall be lawful for a judge to prepare and sign his decision anywhere within the Philippines:
(1) Whenever a judge, appointed or assigned in any province or branch of a Regional Trial Court in a province, shall leave the province:
(a) By transfer or assignment to another court of equal jurisdiction; or
(b) By expiration of his temporary assignment;
(2) Without having decided a case, which was:
(a) Totally heard by him; and
(b) Argued or an opportunity given for argument to the parties or their counsel.
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 heard 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 [Sec. 9, Rule 135]
V. Court Records and
General Duties of
Clerks and
Stenographers
[Rule 136]
A. CLERKS OF COURT
A.1. OFFICE OF THE CLERK OF COURT 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 in Manila and all papers authorized or required to be filed therein shall be filed in Manila [Sec. 3, Rule 136]
A.2. DUTIES OF THE CLERK OF COURT i. Issuance of Process
(1) 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. (2) The clerk 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.
ii. Reception of Papers and
Preparation of Minutes
The clerk of each superior court shall:
(1) Receive and file all pleadings and other papers properly presented, endorsing on each such paper the time when it was filed; and
(2) 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. 6, Rule 136].
iii. Safekeeping 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 [Sec. 7, Rule 136].
iv. Keeping a 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.
The following shall be entered in the docket, so that by reference to a single page, the history of a case may be seen:
(1) All cases, numbered consecutively in the order in which they were received; (2) Under the heading of each case and a
complete title thereof:
(a) The date of each paper filed or issued; (b) Each order or judgment entered; and (c) Each other step taken in the case
[Sec. 8, Rule 136].
v. Keeping a Document and Entries Book
The clerk shall keep:
(1) A judgment book containing a copy of each judgment rendered by the court in order of its date; and
(2) A book of entries of judgments containing at length in chronological order entries of all final judgments or orders of the court [Sec. 9, Rule 136]. vi. Keeping an 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. 10, Rule 136].
vii. Certification of 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. 11, Rule 136].
viii. Indexing Books and Separating Cases
(1) 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.
(2) 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. 13, Rule 136].
ix. Keeping Other books and Other Duties
The clerk shall keep such other books and perform such other duties as the court may direct [Sec. 12, Rule 136].
x. In the Absence or by Direction of Judge
(1) 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 the Rules of Court. (2) The clerk may also, when directed so to do by the judge, receive the accounts of 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. 5, Rule 136]. A.3. TAKING OF RECORDS FROM 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 oficio shall be permitted, upon proper receipt, to withdraw from the clerk’s office the record of any case in which they are interested [Sec. 14, Rule 136]
B. STENOGRAPHERS
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.
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.
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. 17, Rule 136].