Re: Query of Clerk of Court Jerlie Luis-Requerme, RTC, OCC, Cagayan de Oro City Relative to OCA Circular No. 66-2008
On February 24, 2009, the Philippine Supreme Court issued a resolution regarding the authority of clerks of court in relation to OCA Circular No. 66-2008. The Court clarified that the dismissal of cases or expunction of pleadings due to non-compliance with the circular are judicial actions that must be carried out by the courts, not clerks. It also stated that clerks cannot refuse to accept pleadings lacking the MCLE certification, as their duty is ministerial. The Court directed the Office of the Court Administrator to disseminate this resolution to all clerks of court for guidance.
Law Information
- Reference Number
- <--!02112009-->A.M. No. 09-2-81-RTC
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Notices
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
February 24, 2009
[A.M. No. 09-2-81-RTC]
Sirs/Mesdames :
Quoted hereunder, for your information, is a resolution of the Court En Banc dated February 24, 2009
"A.M. No. 09-2-81-RTC (Re: Query of Clerk of Court Jerlie Luis-Requerme, RTC, OCC, Cagayan de Oro City, Relative to OCA Circular No. 66-2008 dated July 22, 2008). — The Court Resolved, upon the recommendation of the Office of the Court Administrator, to:
(a) ADVISE Atty. Jerlie Luis-Requerme, Clerk of Court VI, Office of the Clerk of Court, Regional Trial Court, Cagayan de Oro City, that (i) the dismissal of a case or the expunction of a pleading from the records for failure to comply with OCA Circular No. 66-2008 are judicial actions, hence, can only be exercised by courts, and (ii) the Office of the Clerk of Court has no authority to refuse to accept pleadings which do not comply with the MCLE certification requirement, the duty to accept such pleadings being a ministerial duty on its part; and
(b) DIRECT the Court Management Office, Office of the Court Administrator, to circularize this resolution for the guidance of all clerks of court."
Ynares-Santiago and Tinga, JJ., on official leave. (adv114) ESHcTD
Very truly yours,
(SGD.) MA. LUISA D. VILLARAMAClerk of Court
Cite This Law
Re: Query of Clerk of Court Jerlie Luis-Requerme, RTC, OCC, Cagayan de Oro City Relative to OCA Circular No. 66-2008, <--!02112009-->A.M. No. 09-2-81-RTC, Feb 11, 2009 (Philippines)
Re: Query of Clerk of Court Jerlie Luis-Requerme, RTC, OCC, Cagayan de Oro City Relative to OCA Circular No. 66-2008, <--!02112009-->A.M. No. 09-2-81-RTC (Phil. 2009)
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