Rule 136 Court Record and General Duties of Clerks and Stenographers

7/29/2019 Rule 136 Court Record and General Duties of Clerks and Stenographers

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COURT RECORD AND GENERAL DUTIES OF CLERKS AND STENOGRAPHERSRule 136

SECTION 1. Arms and great seal of court. - The arms and

great seal of the Supreme Court are these: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:chan robles virtual law libraryLex Populusque, and surrounding the whole a garland oflaurel leaves in or; around the garland the text SupremeCourt, 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 Courtof 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 theSupreme 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 Republicof the Philippines, Province of _________________ to besigned by the clerk and bear date the day it actually

issued.SEC. 3. Clerks office. - The clerks office, with theclerk or his deputy in attendance, shall be open during

business hours on all days except Sundays and legalholidays. 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


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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 librarySEC. 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


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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 ofjudgments 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

officers 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 theseal 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 theparties, 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 clerks office. - Norecord shall be taken from the clerks office without an

order of the court except as otherwise provided by these

rules. However, the Solicitor General or any of hisassistants, the provincial fiscal or his deputy, and the

attorneys de officio shall be permitted, upon proper

receipt, to withdraw from the clerks 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


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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.