Issuance of Summons to Defendants Under Rules of Civil Procedure (1997), Rule 14, Sec. 1

May 22, 2003

OCA CIRCULAR NO. 56-03

 

It has come to our attention that some Clerks of Court, Office of the Clerk of Court, in multiple sala courts have been issuing summons to the defendants even before the cases are raffled and assigned to specific branches thereat. SCEHaD

For the proper implementation of Sec. 1, Rule 14 of the 1997 Rules of Civil Procedure, cited hereunder are the pertinent provisions of the 2002 Revised Manual for Clerks of Court approved by the Court En Banc in a resolution dated May 28, 2002 in A.M. No. 02-5-07-SC, to wit:

"1.2. Single Sala and Branch of a Multiple Sala Court — in Civil Cases (ordinary Civil Actions, Special Civil Actions and Special Proceedings)

1.2.1. Before Trial

1.2.1.1. Summons

a. Clerk to issue summons

Upon the filing of the complaint and the payment of the requisite legal fees, the Clerk of Court shall forthwith issue the corresponding summons to the defendants.

In multiple sala court, it is the Branch Clerk of Court who issues the summons. "

Henceforth, all Clerks of Court in multiple sala courts are ordered to cease and desist from issuing summons to defendants and strict compliance to the aforecited provision is hereby enjoined.

 

(SGD.) PRESBITERO J. VELASCO, JR.Court Administrator