Re: Inhibition and/or Disqualification of Clerks of Court in all levels

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