Adjudicative Support Functions

of a Clerk of Court

• by:
• Justice Maria Theresa V. Mendoza-Arcega
• Sandiganbayan
 I. Filing of Cases

a. Personal
b. Registered Mail
c. Exempt from Docket Fees
c.1. Indigent Litigants
c.2. Government Exempt
c.3. Tenant-Farmer, Agricultural Lessees or Tiller,
Settler or Amortizing Owner-Cultivator
 II. Receiving

a. Single sala
- initiatory and subsequent pleadings shall
be filed with the Clerk of Court.

b. Multiple sala
- initiatory pleadings shall be filed with the
Office of the Clerk of Court and subsequent
pleadings shall be filed directly with the
branch to which the case is assigned
 III. Docketing

a. Single sala
= each page of General docket shall be numbered
= cases are numbered consecutively in the order in which they were
received
= indicate date of each paper filed or issued, of each order or judgment
entered, and of every step taken in the case
= number and date of the Official Receipts for the legal fees paid shall be
entered
b. Multiple sala
= each page of General docket shall be numbered
= cases are numbered consecutively in the order in which they were
received
= number and date of the Official Receipts for the legal fees paid shall be
entered
= indicate the branch to which the case is raffled and the date of raffling, as
well as the dispositive portion of the judgment or final order.
 IV. Raffling of Cases

a. Regular Raffle
= regularly conducted at the hour and on the
day or days to be fixed by the Executive Judge.

b. Special Raffle
= no special raffle except upon written
application of a party and only upon highly
justifiable reason/s to be determined by the
executive judge and his vice executive judges after
due consultation with one another
 CIVIL CASES

I. Before Trial

a. Summons
1. Issuance of alias summons
2. By whom served
3. Service of summons
4. Manner of service
4.a. Service in Person upon Defendant
4.b. Substituted Service
5. Return of summons
 Clerk of Court as Ex-officio Sheriff

- serves processes, like summons, coming from:

1. the branches of the Court in the absence of
the branch sheriff;
2. the other courts of the country, including the
Court of Appeals and the first level courts; and
3. the offices and quasi-judicial agencies of the
government.
4. foreign countries.
b. Calendar of Cases
= preference to habeas corpus cases, election
cases, special civil actions, and those required by law

c. Preliminary/ Pre-trial Conference

= plaintiff must move ex parte that the case be set
for pre-trial conference within 5 days after last pleading
joining the issues has been filed and served
= if plaintiff fails to move for pre-trial, Clerk of
Court may set the case for pre-trial
[Note: To ensure that both counsels appear during the
pre-trial, the Clerk of Court, in setting the case for pre-
trial, should confer as to their available dates, through
telephone. Indicate telephone numbers of counsels on
the cover of the record.]
The Clerk of Court of a single sala or the Branch
Clerk of Court shall require the Legal Researcher
to prepare an outline of the facts and issues
involved in cases set for pre-trial for the guidance
of the presiding judge.
 II. During Trial

* Clerk of Court/Branch Clerk of Court must be present

in the courtroom during court sessions.
- Interpreter
- Stenographer
- Legal Researcher
- Other Support Staff
The Clerk of Court should assign a court
bailiff to assist in maintaining order in the
courtroom and in having the counsels, parties
and their witnesses sign the Minutes of the
Proceedings.
 III. Reception of Evidence

* The Judge shall personally receive the evidence to be

adduced by the parties.
* In default or ex parte hearings, and in any case where
the parties agree in writing, the Court may delegate
the reception of the evidence to its Clerk of Court who
is a member of the bar.
* The Clerk of Court shall have no power to rule on
objections to any question or to the admission of
exhibits. The objections shall be resolved by the Court
upon submission of his report and the transcripts
within 10 days from termination of the hearing.
 CRIMINAL CASES

I. Warrant of Arrest
* Admission and Processing of Bail
Classifications of Bail
a. Bail Bond
a.1. Corporate Surety Bond
a.2. Property Bond
a.3. Cash Bond
b. Recognizance
• For easy reference, the following data may be placed on the cover of the records,
preferably, in color coded form:
Corporate Surety Bond
Name of Surety Company
Date of Accreditation
Date posted
Reference
Property Bond
Name of Bondsman
Location of Property
Date posted
Reference
Cash Bond
Name of Payor
Official Receipt No.
Date posted
Reference
 II. Arraignment and Plea

* The arraignment shall be made in open court by the

Judge or Clerk by furnishing the accused with a
copy of the complaint or information, reading the
same in the language or dialect known to him, and
asking him whether he pleads guilty or not guilty.
* Court Processes to Witnesses
a. Medico-Legal Officers/Doctors
b. Police Witnesses
Before the trial dates are fixed for the
attendance of these witnesses, the presiding judge
shall direct the public prosecutor and the Clerk of
Court to ascertain the dates of their availability.
 III. After Trial

*As soon as a case is submitted for decision, this

must be noted in the calendar of the judge, the
records duly collated with the exhibits and the
transcripts of stenographic notes, as well as the
trial notes of the judge, and placed in his
chambers.
 IV. Promulgation of Judgment

* The proper clerk of court shall give notice to

the accused personally or through his bondsman or
warden and counsel, requiring him to be present at
the promulgation of the decision.

* The judgment is promulgated by reading it in

the presence of the accused and any judge of the
court in which it was rendered. However, if the
conviction is for a light offense, the judgment may
be pronounced in the presence of his counsel or
representative. When the judge is absent or outside
the province or city, the judgment may be
promulgated by the Clerk of Court.
 V. Probation

* It shall be the duty of the Clerk of Court to

remind the presiding judge of the submission of
the Post Sentence Investigation Report
considering that the Court should resolve the
petition for probation not later than fifteen (15)
days after receipt of said report.
 VI. Service of Judgments

* Clerks of Court must issue certified true

copies of all decisions, resolutions, and
orders duly signed and promulgated by their
respective courts being initially transmitted
and furnished the parties, including orders
promulgated in open court.
 VII. ENTRY OF JUDGMENTS
and FINAL ORDERS
The record shall contain the dispositive part of the
judgment or final order and shall be signed by the Clerk
of Court, with a certificate that such judgment or final
order has become final and executory.

* Judgment Book
The Clerk of Court shall keep a judgment book
containing a copy of each judgment rendered by the Court
in the order of its date

* Book of Entries of Judgment

This book contains at length in chronological order
entries of all final judgments or orders o the Court.
 VIII. Appeals

a. Civil Cases

* Duties of the Clerk of Court:

1. transmit the proof of payment of court docket
and other lawful fees to the appellate court, together
with the original record/record on appeal
2. within 30 days after perfection of appeal in accordance with
Sec. 9 of Rule 41
2.a. verify the correctness of the original record/records
on appeal and make a certification of its correctness;
2.b. verify the completeness of the records;
2.c. if incomplete, take such measures to complete the
records;
2.d. transmit the records to the appellate court; and
2.e. furnish the parties with copies of his letter of
transmittal of the records

* If the efforts to complete the records fail,

a. indicate in his letter of transmittal the exhibits or
transcripts not included in the records being transmitted,
b. the reasons for their non-transmittal, and
c. the steps taken or that could be taken to have them
available.
 Particularly, the Clerk of Court, upon the perfection
of the appeal,
a. immediately direct the stenographers concerned to
attach to the record of the case 5 copies of the
transcripts of the testimonial evidence;
b. attach an index containing the names of the
witnesses and the pages wherein their testimonies are
found;
c. attach a list of exhibits and pages wherein each of
them appears to have been offered and admitted or
rejected by the court.
 b. Criminal Cases
1. Death penalty
a. No notice of appeal is necessary in cases where
the death penalty is imposed by the RTC since it is
automatically reviewed by the Court of Appeals
b. stenographer shall, within 3 days from
promulgation of the sentence, file with the Clerk of
Court the original and 4 copies of the duly certified
TSN
[NOTE: No extension of time for filing of TSN except if granted by the
Court of Appeals and only upon justifiable grounds.] In all cases where
the death penalty is imposed by the trial court, the records shall be
forwarded to the Court of Appeals for automatic review and judgment
within 5 days after the 15th day following the promulgation of the
judgment or denial of a motion for new trial or reconsideration. The
transcript shall also be forwarded within 10 days after its filing by the
stenographer.
2. Penalty other than death
a. transmit to the Clerk of Court of the appellate court, within 5 days
from the filing of the notice of appeal, the complete record of the
case, together with said notice
b. transmit the original and 3 copies of the TSN, together with the
records. The other copy of the transcript shall remain in the lower
court.
c. Upon receipt of the complete record of the case, TSN and exhibits,
the Clerk of Court of the appellate court (RTC) shall notify the
parties of such fact.
d. Within 15 days from receipt of said notice, the parties may submit
memoranda or briefs, as may be required by the RTC
e. After the submission of such memoranda or briefs, or upon the
expiration of the period to file the same, the RTC shall decide the
case on the basis of the entire records and of such memoranda or
briefs as may have been filed.
 IX. EXECUTION of JUDGMENT

* All Clerks of Court of the Regional Trial

Courts, Shari’a District Courts, Metropolitan Trial
Courts and Municipal Trial Courts in Cities are ex-
officio sheriffs within their territorial jurisdiction.
* As ex-officio sheriffs, Clerks of Court perform
ministerial functions. They are agents of the law and
not agents of the parties, neither of the creditor nor of
the purchaser at a sale conducted by him. It follows,
therefore, that he can make no compromise in an
execution sale.
A. Satisfaction of judgments for money
* The lawful fees shall be handed under proper receipt to the
executing sheriff who shall turn over the said amount within the
same day to the Clerk of Court that issued the writ.
* If the judgment obligee or his authorized representative is
not present to receive payment, the judgment obligor shall deliver
the payment to the executing sheriff who shall,
1. turn over all the amounts coming into his possession within the
same day to the Clerk of the Court that issued the writ, or
2. if not practicable, deposit said amounts to a fiduciary account in
the nearest government depository bank of the RTC of the locality
3. The Clerk of said Court shall arrange for the remittance of the
deposit to the account of the Court that issued the writ whose Clerk
of Court shall then deliver said payment to the judgment oblige.
4. the excess, if any, shall be delivered to the judgment obligor
while the lawful fees shall be retained by the Clerk of Court for
disposition as provided by law.
[NOTE: In no case shall the executing sheriff demand that any
payment by check be made payable to him.]
B. Satisfaction by levy
* Notice of sale of property on execution
* Place of sale
1. place agreed upon by the parties.
2. In the absence of such agreement
2.a. for real property or personal property
not capable of manual delivery - office of the Clerk
of Court of the RTC or the MTC which issued the
writ or which was designated by the appellate court.
2.b. for personal property capable of
manual delivery-place where the property is located.
* Conduct of sale of property on execution
* Execution Book

This book contains records in chronological

order of each execution and the officer’s return
thereon, by virtue of which real property has been
sold.
The Clerk of Court may designate the Branch
Sheriff to accomplish and keep this book.
 "Public officers must be accountable to the people at all
times and serve them with the utmost degree of responsibility
and efficiency. Any act which falls short of the exacting
standards for public office, especially on the part of those
expected to preserve the image of the judiciary, shall not be
countenanced. It is the imperative and sacred duty of each and
everyone in the court to maintain its good name and standing
as a true temple of justice“

A.M. No. P-17-3705, February 06, 2018, OCA, v. Saguyod, Alano v.

Sahi, 737 Phil. 17, 23 (2014), citing Domingo-Regala v. Sultan, 492 Phil.
482, 491 (2005),
“Clerks of court are at the forefront of judicial
administration because of their indispensable
role in adjudication and court management.”
(CJ Hilario G. Davide, Jr., Foreword 2002
Revised Manual for Clerks of Court)
Thank You