Re: Inhibition and/or Disqualification of Clerks of Court in all levels
On June 3, 2008, the Philippine Supreme Court issued a resolution amending Section 1 of Rule 137 of the Rules of Court, expanding the disqualification criteria to include clerks of court at all levels. The amendment stipulates that clerks of court, similar to judges, must refrain from participating in cases where they or their close relatives have a pecuniary interest, are related to a party, or have previously served in a related capacity. Judges also retain the discretion to disqualify themselves for valid reasons not specified in the rules. This amendment took effect immediately upon publication in a widely circulated newspaper.
Quick Answers
- What is Re: Inhibition and/or Disqualification of Clerks of Court in all levels about?
- On June 3, 2008, the Philippine Supreme Court issued a resolution amending Section 1 of Rule 137 of the Rules of Court, expanding the disqualification criteria to include clerks of court at all levels. The amendment stipulates that clerks of court, similar to judges, must refrain from participating in cases where they or their close relatives have a pecuniary interest, are related to a party, or have previously served in a related capacity. Judges also retain the discretion to disqualify themselves for valid reasons not specified in the rules. This amendment took effect immediately upon publication in a widely circulated newspaper.
- What type of law is <--!06032008-->A.M. No. 08-4-1-SC?
- Re: Inhibition and/or Disqualification of Clerks of Court in all levels (<--!06032008-->A.M. No. 08-4-1-SC) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Re: Inhibition and/or Disqualification of Clerks of Court in all levels enacted?
- Re: Inhibition and/or Disqualification of Clerks of Court in all levels (<--!06032008-->A.M. No. 08-4-1-SC) was enacted on Jun 3, 2008.
- What is the citation for Re: Inhibition and/or Disqualification of Clerks of Court in all levels?
- Re: Inhibition and/or Disqualification of Clerks of Court in all levels, <--!06032008-->A.M. No. 08-4-1-SC, Jun 3, 2008 (Philippines)
Law Information
- Reference Number
- <--!06032008-->A.M. No. 08-4-1-SC
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Notices
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
June 3, 2008
A.M. No. 08-4-1-SC
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of the Court En Banc dated June 3, 2008.
"A.M. No. 08-4-1-SC — (Re: Inhibition and/or Disqualification of Clerks of Court in all levels, under Section 1, Canon III of the Code of Conduct of Court Personnel and Section 1, Rule 137 of the Rules of Court)
Section 1, Rule 137 of the Rules of Court is hereby amended to include the disqualification of clerks of court, viz.:
Sec. 1.Disqualification of judges. — No judge or judicial officer shall sit in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the civil law, or in which he has been executor, administrator, guardian, trustee or counsel, or in which he has presided in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record.
The above disqualification shall likewise apply to all clerks of court, assistant clerks of court, deputy clerks of court and branch clerks of court in all court levels insofar as relevant to them in the performance of their respective functions and duties. ScAaHE
A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above.
This amendment shall take effect immediately after its publication in a newspaper of general circulation." (adv181)
Very truly yours,
(SGD.) By: FELIPA BORLONGAN-ANAMASupreme Court of the Philippines
MA. LUISA D. VILLARAMAClerk of Court
ATTACHMENT
Supreme Court Administrative Circular No. 58-08June 3, 2008
Cite This Law
Re: Inhibition and/or Disqualification of Clerks of Court in all levels, <--!06032008-->A.M. No. 08-4-1-SC, Jun 3, 2008 (Philippines)
Re: Inhibition and/or Disqualification of Clerks of Court in all levels, <--!06032008-->A.M. No. 08-4-1-SC (Phil. 2008)
Related Laws
- Implementation of Sec. 1, Rule 137 of the Rules of Court Re: Disqualification of Clerks of CourtSupreme Court Administrative Circular No. 58-08 • Jun 3, 2008 • Supreme Court Issuances
- Copies of Orders of Inhibition and DisqualificationOCA Circular No. 73-09 • Jun 10, 2009 • Supreme Court Issuances
- Disposition of records of cases in matter of inhibition and/or request for change of venue of casesSupreme Court Circular No. 10-87 • May 22, 1987 • Supreme Court Issuances
- Requirement of Notice on the Mandatory Disqualification/Voluntary Inhibition of the Justice/JudgeOCA Circular No. 09-14 • Jan 20, 2014 • Supreme Court Issuances
- Attendance of all Clerks of Court, Branch Clerks of Court, OICs and Legal Researchers of all Courts in Region 6Supreme Court Administrative Circular No. 33-89 • Jul 10, 1989 • Supreme Court Issuances
- Guidelines for the Temporary Replacements of Clerks of Court in the Handling of Case/s from which They are DisqualifiedOCA Circular No. 108-10 • Aug 9, 2010 • Supreme Court Issuances
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