OURT RECORD AND GENERAL DUTIES OF CLERKS AND

STENOGRAPHERS
Rule 136

SECTION 1. Arms and great seal of court. - The arms and great
seal of the Supreme Court are these: chanroblesvirtuallawlibrary

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 robleschanroblesvirtuallawlibrary

virtual law library

Lex Populusque, and surrounding the whole a garland of laurel
leaves in or; around the garland the text Supreme Court,
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 Court of 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 the Supreme 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 Republic of the
Philippines, Province of _________________ to be signed by the
clerk and bear date the day it actually issued.
SEC. 3. Clerks office. - The clerks 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 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
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
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SEC. 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 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 of judgments
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 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. 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 the parties, 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. - No record
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 his assistants, 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 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. chan robles virtual law library

Resolution of the Court en banc dated November 24, 1992,

provides: chanroblesvirtuall awlibrar y

The court motu proprio Resolved to further amend Sections 15 and 16, Rule 136 of
the Rules of Court, as well as its Resolution of Sept. 17, 1974 as amended by
Resolution dated February 23, 1984, as follows: ch anroblesvirtuall awlibrar y

Effective immediately and until further actions of the Court, all pleadings, briefs,
memoranda, motions and other papers to be filed before the Supreme Court and
the Court of Appeals shall either be typewritten on good quality, unglazed paper,
or mimeographed or printed on newsprint or mimeograph paper, 11 inches in
length by 8-1/2 inches in width (commonly known as letter size) or 13 inches in
length by 8-1/2 inches in width (commonly known as legal size). There shall be a
margin at the top and at the left-hand side of each page not less than 1-1/2 inches
width. The contents shall be written double-spaced and only one side of the page
shall be used.

In the Supreme Court, eighteen (18) legible copies of the petition shall initially be
filed, and eighteen (18) copies of subsequent pleadings, briefs, memoranda,
motions and other papers shall be filed in cases for consideration of the Court en
banc and nine (9) copies in cases to be heard before a division. One (1) copy
thereof shall be served upon each of the adverse parties in either case.

In the Court of Appeals, seven (7) legible copies of pleadings, briefs, memoranda,
motions and other papers shall be filed and one (1) copy thereof shall be served
on each of the adverse parties.
SEC. 16. Printed papers. - All papers required by these rules
to be printed shall be printed with black ink on unglazed paper,
with pages six inches in width by nine inches in length,
pamphlet form. The type used shall not be smaller than twelve
point. The paper used shall be of sufficient weight to prevent
the printing upon one side from being visible upon the other. chanrobles virtualawlibrary

SEC. 17. Stenographer. - 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; and 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. (See Administrative Circular No. 24-90 (July 12,
1990) Re: Revised Rules on Transcription of Stenographic Notes and Their
Transmission to Appellate Courts).chan robles virtual law library

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. 18. Docket and other records of inferior courts. - Every
municipal or city judge shall keep a well-bound
labeled docket, in which he shall enter for each case: chanroblesvirtuallawlibrary

(a) Title of the case including the nsame of all the parties;

(b) The nature of the case, whether civil or criminal, and if

the latter, the offense charged;

(c) The date of issuing preliminary and intermediate process

including order of arrest and subpoenas, and the date and nature
of the return thereon;

(d) The date of the appearance of default of the defendant;

(e) The date of presenting the plea, answer, or motion to quash,

and the nature of the same;chan robles virtual law library

(f) The minutes of the trial, including the date thereof and of
all adjournments;

(g) The names and addresses of all witnesses;

(h) The date and nature of the judgment, and, in a civil case,
the relief granted;

(i) An itemized statement of the costs; chan robles virtual law

library

(j) The date of any execution issued, and the date and contents
of the return thereon;

(k) The date of any notice of appeal filed, and the name of the
party filing the same.
A municipal or city judge may keep two dockets, one for civil
and one for criminal cases. He shall also keep all the
pleadings and other papers and exhibits in cases pending in his
court, and shall certify copies of his docket entries and other
records proper to be certified, for the fees prescribed by these
rules. It shall not be necessary for the municipal or city
judge to reduce to writing the testimony of witnesses, except
that of the accused in preliminary investigations.