manualThe 2002 Revised Manual for Clerks of Court

The 2002 Revised Manual for Clerks of Court

The 2002 Revised Manual for Clerks of Court Ammy Rose G. Bobadilla Normal Edland S. Camontoy 28 37 2004-11-04T18:22:00Z 2005-09-27T01:36:00Z 1 6384 36390 303 85 42689 11.5606 110 false false false MicrosoftInternetExplorer4

B. �� JURISDICTION

The Court of Appeals shall exercise its adjudicatory powers, functions and duties through its seventeen (17) divisions. It sits en banc for the exercise of administrative, ceremonial and non-adjudicatory functions. 1 Upon implementation of Rep. Act No. � 8246, there shall be twenty-three (23) Divisions in the Court of Appeals. 2

1. �� MATTERS COGNIZABLE BY THE COURT EN BANC

The Court shall sit en banc to:

1.1. � Promulgate rules or orders relative to the organization or reorganization of the Divisions of the Court and assignment of the Justices, distribution of cases, and other matters concerning the operation and management of the Court and/or its Divisions;

1.2. � Recommend to the Supreme Court the appointment of the Clerk of Court, Assistant Clerk of Court, Division Clerks of Court and Court Reporter;

1.3. � Act on administrative matters, such as the regrouping, merger, or abolition of existing offices, units or services; create new ones, or transfer the functions of one office, unit or service, to another as the exigencies of the service may require, subject to the approval of the Supreme Court;

1.4. � Receive foreign and local dignitaries, important guests and visitors, honor a colleague or retiring member of the Court, hold necrological services for its members who died in office, and honor a retired member who died after retirement;

1.5. � Adopt uniform administrative measures, procedures, and policies for the protection and preservation of the integrity of the judicial processes, the speedy disposition of cases, and the promotion of efficiency of the personnel;

1.6. � Discuss and thresh out divergent views on any particular question of law so as to reach a consensus thereon or to minimize if not completely avoid conflict of decisions of the different Divisions of the Court on the interpretation and application of any question or provision of law; and

1.7. � Take up other administrative matters which the Presiding Justice or any member may suggest for consideration and inclusion in its agenda. 3

2. MATTERS COGNIZABLE BY THE DIVISIONS 4

2.1. � Original

2.1.1. � Exclusive

Actions for annulment of judgments of Regional Trial Courts (Batas Blg. 29, sec. 9 [2])

2.1.2. � Concurrent

2.1.2.1. � With Supreme Court

Petitions for issuance of writs of certiorari, prohibition and mandamus against the following:

a. � National Labor Relations Commission under Labor Code. (Batas Blg. 129, Sec. 9 as amended by Rep. Act No. 7902; St. Martin Funeral Home v. NLRC , G.R. No. 130866, September 16, 1998). Under the principle of hierarchy of courts, the petition should first be filed with the Court of Appeals.

b. � Civil Service Commission

�� (Rep. Act No. � 7902)

c. � Central Board of Assessment Appeals. (Pres. Decree No. 464; Batas Blg. 129, sec. 9 as amended by Rep. Act No. 7902)

d. � Court of Tax Appeals and Quasi-Judicial Agencies � (Rules of Civil Procedure [1997], Rule 143)

e. � Regional Trial Courts and lower courts

2.1.2.2. � With Supreme Court and Regional Trial Courts

a. � Petitions for habeas corpus and quo warranto

b. � Petitions for issuance of writs of certiorari, prohibition and mandamus against the lower courts or bodies. � (Batas Blg. 129, Sec. 9 [1] and Sec. 21 [1]; Vergara v. Suelto , 156 SCRA 763)

2.2. � Appellate

2.2.1. � Writ of Error

2.2.1.1. � Appeals from Regional Trial Courts, except those appealable to the Supreme Court

2.2.1.2. � Appeals from Regional Trial Courts on constitutional, tax, jurisdictional questions involving questions of fact which should be appealed first to the Court of Appeals (Judiciary Act (1948) sec. 17 subparagraph 4 of the 4th paragraph as amended, which was not intended to be excluded by Batas Blg. 129, Sec. 9 [3])

2.2.1.3. � Appeals from decisions and orders of the Family Courts (Rep. Act No. 8369, Sec. 14 )

2.2.2. � Petition for Review

2.2.2.1. � Appeals from the Civil Service Commission (Rep. Act No. 7901; Rules of Civil Procedure [1997], Rule 43)

2.2.2.2. � Appeals from Regional Trial Courts in cases appealed from Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, which are not a matter of right. � (Batas Blg. 129, Sec. 22; Rules of Civil Procedure [1997], Rule 42; Rule 122, Sec. 3 [b] of the Rev. Rules of Criminal Procedure [2000])

2.2.2.3. � Appeals from Court of Tax Appeals and other quasi-judicial agencies, such as

a. �� Central Board of Assessment Appeals

b. �� Securities and Exchange Commission

c. �� Office of the President

d. �� Land Registration Authority

e. �� Social Security System

f. �� Civil Aeronautics Board

g. �� Intellectual Property Office (formerly Bureau of Patents, Trademarks and Technology Transfer)

h. �� National Electrification Administration

i. �� Energy Regulatory Board

j. �� National Telecommunications Commission

k. �� Department of Agrarian Reform under Rep. Act No. � 6657

l. �� Government Service Insurance System

m. � Employees Compensation Commission

n. �� Agricultural Inventions Board

o. �� Insurance Commission

p. �� Philippine Atomic Energy Commission

q. �� Board of Investments

r. �� Construction Industry Arbitration Commission

s. �� Voluntary arbitrators authorized by law (Rules of Civil Procedure [1997], Rule 43)

2.2.2.4. � Appeals from the National Commission on Indigenous Peoples (NCIP) � (Rep. Act No. 8371, Sec. 67)

2.2.2.5. � Appeals from the Office of the Ombudsman in administrative disciplinary cases. ( Teresita G. Fabian v. Desierto, et al., 295 SCRA 470 (1998)

C. �� QUALIFICATIONS OF OFFICERS

The Court of Appeals has a Clerk of Court, an Assistant Clerk of Court, seventeen (17) Division Clerks of Court and a Court Reporter. These officials are recommended by the Court en banc to the Supreme Court for appointment.

1. �� Executive Clerk of Court IV (Clerk of Court)

2. �� Executive Clerk of Court III (Assistant Clerk of Court)

Education �� - �� Bachelor of Laws

Experience � - �� Ten (10) years or more in the practice of law or has been Clerk of Court or Deputy Clerk of Court of a Regional Trial Court or its equivalent for the same period of time

Training �� - �� Thirty-two (32) hours of relevant training in management and supervision

Eligibility �� - �� Rep. Act No. 1080 (Bar)

3. �� Executive Clerk of Court III (Division Clerk of Court)

Education �� - �� Bachelor of Laws

Experience � - �� Five (5) years or more in the practice of law or has been Clerk of Court or Deputy Clerk of Court of the Regional Trial Court or its equivalent for the same period of time

Training �� - �� Thirty-two (32) hours of relevant training in management and supervision

Eligibility �� - �� Rep. Act No. � 1080 (Bar)

4. �� Court Reporter

Education �� - �� Bachelor of Laws

Experience � - �� Five (5) years of relevant experience

Training �� - �� Thirty-two (32) hours of relevant training

Eligibility �� - �� Rep. Act No. 1080 (Bar)

5. �� Chief Judicial Staff Officer, Judicial Records Division

6. �� Chief Judicial Staff Officer, Information AND Statistical Data Division

7. �� Chief Judicial Staff Officer, Library Services Division

8. �� Chief Judicial Staff Officer, Cash Division

9. �� Chief Judicial Staff Officer, Fiscal Management AND Budget Division

10. �� Chief Judicial Staff Officer, General Services Division

11. �� Chief Judicial Staff Officer, Human Resource AND Management Division

12. �� Chief Judicial Staff Officer, Management AND Audit Division

13. �� Chief Judicial Staff Officer, Property AND Supply Management Division

Education �� - �� Masteral degree

Experience � - �� Five (5) years of relevant experience

Training �� - �� Thirty-two (32) hours of relevant training

Eligibility �� - �� Career Service (Professional) and Second Level Eligibility

14. �� Chief Judicial Staff Officer, Medical AND Dental Clinic Division

Education �� - �� Doctor of Medicine

Experience � - �� Five (5) years of relevant experience

Training �� - �� Thirty-two (32) hours of relevant training

Eligibility �� - �� Rep. Act No. 1080

15. �� Chief Judicial Staff Officer, Accounting Division

Education �� - �� Masteral degree

Experience � - �� Five (5) years of �� relevant experience

Training �� - �� Thirty-two (32) hours �� of relevant training

Eligibility �� - �� Rep. Act No. 1080 ( CPA )

D. �� FUNCTIONS AND DUTIES OF OFFICERS

1. �� Executive Clerk of Court IV (Clerk of Court)

1.1. � Adjudicative Support Functions

1.1.1. �� Issues notices to file briefs, submit proof of service of briefs and submit lacking transcripts of stenographic notes through the Chief, Judicial Records Division;

1.1.2. �� Issues letters of transmittal of remand of original records through the Chief, Archives Section;

1.1.3. �� Issues tracers to postmasters and entries of judgment through the Division Clerks of Court;

1.1.4. �� Issues or drafts office orders, memoranda and circulars regarding assignments of Justices or compositions of Divisions regarding internal procedure in the flow and distribution of cases; and

1.1.5. �� Conducts investigation of court personnel involved in the loss of records/pleadings or in the undue delay in the reporting of pleadings.

1.2. � Non-adjudicative Functions:

1.2.1. �� Takes charge of the administrative operations of the Court;

1.2.2. �� Exercises general or administrative supervision over subordinate officials and employees of the Court, except the coterminous staff;

1.2.3. �� Assists the Presiding Justice in the formulation of programs and policies for the consideration of the Court en banc ;

1.2.4. �� Signs contracts involving the Court of Appeals as authorized by the Presiding Justice;

1.2.5. �� Prepares office circulars, memoranda and office orders for the signature of the Presiding Justice;

1.2.6. �� Coordinates with the Budget Division in the preparation of the Court of Appeals budget;

1.2.7. �� Prepares reports as may be required by the Presiding Justice;

1.2.8. �� Acts as Chairman of the Selection and Merit Promotions Board, Prequalification, Bidding and Awards Committee, Court of Appeals Health and Welfare Plan, Uniform Committee, Scholarship Committee, and of such other committees as may be constituted by the Presiding Justice;

1.2.9. �� Approves requisitions of office equipment and supplies of less than P10,000.00, or in � excess thereof, makes the proper recommendation to the Presiding Justice;

1.2.10. � Coordinates with other government agencies and officials on matters affecting the Court of Appeals;

1.2.11. � Reviews and initials official documents for the signature of the Presiding Justice on administrative matters;

1.2.12. � Attends sessions en banc and prepares minutes of the proceedings;

1.2.13. � Prepares annual report for submission to the Supreme Court;

1.2.14. � Issues certified true copies of decisions, resolutions and orders of the Court through the Chief, Reporter�s Division;

1.2.15. � Provides information upon request to the public and other government agencies regarding court cases and procedures;

1.2.16. � Replies to letters of inquiries on status of cases or indorses them to proper Divisions;

1.2.17. � Assists the Presiding Justice in hosting and entertaining foreign jurists and other foreign guests; and

1.2.18. � Performs related work that may be assigned by the Court through the Presiding Justice.

2. �� Executive Clerk of Court III (Assistant Clerk of Court)

2.1. � Adjudicative Support Functions:

2.1.1. �� Performs all adjudicative support functions of the Executive Clerk of Court IV (Clerk of Court) in his absence;

2.2. � Non-adjudicative Functions:

2.2.1. �� Performs all non-adjudicative functions of the Executive Clerk of Court IV (Clerk of Court ) in his absence;

2.2.2. �� Signs vouchers and checks;

2.2.3. �� Drafts office memoranda, circulars and orders for the signature of the Presiding Justice or Clerk of Court;

2.2.4. �� Conducts administrative investigations involving Court personnel and prepares reports and recommendations for submission to the Presiding Justice through the Clerk of Court;

2.2.5. �� Prepares replies to letters of inquiries from litigants and lawyers concerning cases filed with the Court or indorses them to the Division Clerks of Court;

2.2.6. �� Answers queries and provides information to the public and other government agencies regarding Court procedures and cases;

2.2.7. �� Signs trip tickets involving Court official vehicles;

2.2.8. �� Signs monthly and weekly requisitions of Court offices;

2.2.9. �� Acts as Chairman of the Committee on Disposal of Unserviceable Properties, Transportation Committee and the Court of Appeals Performance Evaluation Review Committee and as Co-Chairman of the Uniform Committee;

2.2.10. � �� Attends sessions en banc and drafts minutes of the proceedings;

2.2.11. � Signs clearances of court personnel going on extended leaves or retiring personnel;

2.2.12. � Administers affidavits executed by Court personnel on official matters as ex-officio Notary Public;

2.2.13. � Assists the Clerk of Court in the general or administrative supervision of the administrative operation of the Court and personnel; and

2.2.14. � Performs related work that may be assigned by the Presiding Justice or the Clerk of Court.

3. �� Executive Clerk of Court III (Division Clerk of Court)

3.1. � Adjudicative Support Functions:

3.1.1. �� Attends Court hearings and prepares minutes of the proceedings;

3.1.2. �� Issues certificates of appearance to witnesses who testified in the court hearings;

3.1.3. �� Prepares agenda of all pleadings for action by the Division;

3.1.4. �� Prepares notices to the parties in all cases pending before the Division;

3.1.5. �� Prepares and signs minute resolutions, entries of judgment, summonses, subpoenas, writs and other processes;

3.1.6. �� Takes charge of out-of-town hearings;

3.1.7. �� Issues certified true copies of Court decisions, resolutions and orders, while the original copies are with the Division, as well as warrants of arrest and other Court processes;

3.1.8. �� Acts as custodian of all exhibits offered during hearings conducted by the Division only on �Special Civil Cases�; and

3.1.9. �� Prepares annual report of disposition of cases by the Division.

3.2. � Non-adjudicative Functions:

3.2.1. �� Takes charge of court records of Special Cases pending decision before his division.

4. �� Court Reporter

4.1. � Adjudicative Support Functions:

4.1.1. �� Keeps custody of the original copies of the decisions and final resolutions of the Court;

4.1.2. �� Publishes selected decisions and final resolutions in the Official Gazette and in the Court of Appeals Reports together with their syllabi in consultation with the ponente ;

4.1.3. �� Prepares syllabi of all decisions and final resolutions of the Court that have become final and executory and distributes them to all members of the Court;

4.1.4. �� Distributes to the Justices copies of decisions of first impression and apparently conflicting decisions of the Court;

4.1.5. �� Brings to the attention of the Presiding Justice conflicting decisions of the Court; and

4.1.6. �� Issues certified copies of decisions and resolutions for the Clerk of Court.

4.2. � Non-adjudicative Functions:

4.2.1. �� Exercises supervision and control over his staff; and

4.2.2. �� Causes the binding of original copies of decisions and final resolutions of the Court.

5. �� Chief Judicial Staff Officer, Judicial Records Division

5.1. � Adjudicative Support Functions:

5.1.1. �� Takes charge of docketing all cases received by the Court;

5.1.2. �� Receives and reports to the Divisions concerned all pleadings and communications relative to the cases already filed;

5.1.3. �� Administers policies and procedures pertaining to docketing activities in accordance with the Rules of Court and other pertinent laws;

5.1.4. �� Signs all forms of notices issued in relation to appealed cases for the Clerk of Court;

5.1.5. �� Acts as custodian of all court records;

5.1.6. �� Issues certified true copies of entries of judgment for the Clerk of Court; and

5.1.7. �� Issues certified true copies of documents or exhibits under the custody of his division.

5.2. � Non-adjudicative Functions:

5.2.1. �� Exercises general supervision and control over all sections of the Judicial Records Division;

5.2.2. �� Coordinates the docketing records management activities of the different sections under him;

5.2.3. �� Plans and evaluates work programs for a systematic management of judicial records; and

5.2.4. �� Implements and carries out the instructions of the Presiding Justice and the Clerk of Court.

6. �� Chief Judicial Staff Officer, Information AND Statistical Data Division

6.1. � Non-adjudicative Functions:

6.1.1. �� Attends to all inquiries personally and by telephone;

6.1.2. �� Collates from private secretaries the revised monthly accomplishment reports of Justices on cases assigned to them, both for completion and decision/resolution; and

6.1.3. �� Prepares and submits to the Office of the Court Administrator the monthly, quarterly, semi-annual and annual reports on the accomplishment of all the Justices relative to their caseload and case disposal.

7. �� Chief Judicial Staff Officer, Library Services Division

7.1. � Non-adjudicative Functions:

7.1.1. �� Accounts for all library books, equipment and materials, and signs clearances on book accountability of Justices, officials and employees of the Court;

7.1.2. �� Selects and supervises book acquisitions through donations and purchases of law books and library materials; and

7.1.3. �� Prepares an estimated report for an annual book budget and book technical processes.

8. �� Chief Judicial Staff Officer, Cash Division

8.1. � Non-adjudicative Functions:

8.1.1. �� Releases salaries and wages of Justices, officials, employees, including casual and contractual employees of the Court; and

8.1.2. �� Supervises the preparation of reports of collections and the daily deposits with the Land Bank of the Philippines all monies, checks, money orders in the name and to the credit of the Court.

9. �� Chief Judicial Staff Officer, Fiscal Management AND Budget Division

9.1. � Non-adjudicative Functions:

9.1.1. �� Assists management in the presentation of the Court�s budgetary estimates before administrative and legislative bodies;

9.1.2. �� Provides fund estimates in support of the Court�s operations, plans and programs; and

9.1.3. �� Directs the control of allotments released by the Department of Budget and Management.

10. �� Chief Judicial Staff Officer, General Services Division

10.1. �� Non-adjudicative Functions:

10.1.1. � Checks on the progress of ongoing constructions, renovations and repair works in the Court;

10.1.2. � Supervises the janitorial agency that maintains the cleanliness of the Court�s public areas;

10.1.3. � Prepares the hearing rooms, session hall and auditorium for official functions; and

10.1.4. � Sends out, by mail or personal deliveries, court decisions, notices and processes brought to it by the Judicial Records Division, Division Clerks of Court and other offices of the Court.

11. �� Chief Judicial Staff Officer, Human Resource Management Division

11.1. �� Non-adjudicative Functions:

11.1.1. � Attends to personnel actions, such as recruitment, appointment, promotion, transfer, re-employment, detail, demotion, separation and retirement of all officials and employees of the Court; and

11.1.2. � Prepares the plantilla of the Court, Notice of Salary Adjustment and Step Increment.

12. �� Chief Judicial Staff Officer, Management Audit Division

12.1. �� Non-adjudicative Functions:

12.1.1. � Consolidates and analyzes audit working papers;

12.1.2, � Prepares audit reports to the Presiding Justice and/or Clerk of Court; and

12.1.3. � Reviews and signs all audited vouchers and inspection reports.

13. �� Chief Judicial Staff Officer, Property AND Supply Management Division

13.1. �� Non-adjudicative Functions:

13.1.1 �� Prepares abstract of quotation, requisition and issue voucher ( RIV ) and purchase order if needed to be signed by the Presiding Justice or his authorized official and other signatories;

13.1.2 �� Accepts supplies/equipment subject for inspection by the Management and Audit Division;

13.1.3 �� Conducts regular and annual inventory of all supplies and property of the Court; and

13.1.4 �� Supervises the maintenance/repairs of the Court of Appeals� cottages in Baguio City and the administration building.

14. �� Chief Judicial Staff Officer, Medical AND Dental Clinic Division

14.1. �� Non-adjudicative Functions:

14.1.1 �� Conducts medical and minor surgical treatment; annual physical examination and mental examination prior to employment, including issuance of medical certificates;

14.1.2 �� Renders laboratory work-ups;

14.1.3 � Conducts dental services to all officials and employees of the Court; and

14.1.4 �� Undertakes periodic laboratory blood examinations of all officials and employees of the Court.

15. �� Chief Judicial Staff Officer, Accounting Division

15.1. �� Non-adjudicative Functions:

15.1.1. �� Directs and supervises accounting activities;

15.1.2 Gives technical advice on financial matters; and

15.1.3 Submits financial statements and reports.

F. � FORMS

1. �� CERTIFICATION RE : MINUTES, TRANSCRIPTS AND EXHIBITS

Republic of the Philippines

COURT OF APPEALS

Manila

C E R T I F I C A T E

I hereby certify that the minutes and transcripts in this case have been submitted, verified and are complete.

Clerk-in-Charge of Checking

Minutes & Transcripts

C E R T I F I C A T E

I hereby certify that all the exhibits submitted in this case have been checked, found to be complete and are attached to the original records of this

Clerk-in-Charge of Checking

�� Exhibits

C E R T I F I C A T E

I hereby certify that all the transcripts, minutes as well as exhibits in this case have been filed and are attached to the records.

Chief

Civil/Criminal/Special Cases Section

NOTICE OF FILE BRIEF

Republic of the Philippines

COURT OF APPEALS

Manila

___________________________ �� CA-G.R. ______ No. __________________

___________________________ �� Regional Trial Court � __________________

___________________________ �� ___________________________________

___________________________ �� R.T.C. No. � __________________________

�� Plaintiff-Appell _____ �� ___________________________________

- �� VERSUS

___________________________ �� RE � ________________________________

___________________________ �� ___________________________________

�� Defendant-Appell___

x---------------------------------------------------------------------------------------------------------x

____________________

Sir/Madam:

Pursuant to the Supreme Court en banc Resolution dated November 24, 2002 re Bar Matter No. 209 � In the Matter of the Amendment and/or Clarification of Various Supreme Court Rules and Resolutions, you are hereby required to file with this Court within forty-five (45) days from receipt of this notice, SEVEN (7) copies of Appellants Brief which shall either be typewritten on good quality, unglazed paper, or mimeographed or printed on newsprint or mimeograph paper, 11 inches in length by 8� inches in width or 13 inches in length by 8� inches in width. � There shall be a margin at the top and at the left-hand side of each page not less than 1� inches in width. � The contents shall be written double-spaced and only one side of the page shall be used. � Legible copies of the assailed decision of the Trial Court and proof of service of two copies upon the appellee/s shall be attached in said Brief.

The Records of the case are now complete and are at disposal in the Judicial Records Division (Civil Records Section) of this Court for the preparation of the required briefs.

Copy furnished:

Very truly yours,

Clerk of Court

By:

Chief, Judicial Records Division

3. � NOTICE TO FILE MEMORANDA IN LIEU OF BRIEF

Republic of the Philippines

COURT OF APPEALS

Manila

Date: _____________________

� _________________________

______________ON APPEAL

CA-G.R. SP No. __________________________________________________________

� __________________________________________________________

Sir/Madam:

You are hereby notified that all the evidence, oral and documentary, presented in the above-entitled case are already attached to the records and the same are at your disposal in this Office.

Pursuant to Resolution No. 231 of this Court en banc and Supreme Court Circular No. 22-92 , which took effect on June 1, 1992 , you are hereby required to file in lieu of briefs, your respective memoranda within a non-extendible period of thirty (30) days from receipt hereof.

Failure of the PETITIONER(S)/RESPONDENT(S)/APPELLANT(S) to comply with this rule may be a ground for dismissal of the appeal. � However, the case shall be deemed submitted for decision with or without memorandum from the PETITIONER(S)/RESPONDENT(S)/APPELLANT(S) after the lapse of the thirty-day period.

Very truly yours,

Clerk of Court

By:

Chief, Judicial Records Division

4. � NOTICE TO FORWARD PROOF OF SERVICE

Republic of the Philippines

COURT OF APPEALS

Manila

_________________________

RE: CA-G.R. No. __________

_________________________

Sir/Madam:

You are hereby required to forward to this Court within FIVE (5) days from receipt hereof the PROOF OF RECEIPT (Registry Return Card/Postmaster�s Certification) of a copy of the brief served upon _______________________________________________ showing the date when counsel for the appellee/appellant received copy of the brief for the purpose of computing the period in the filing of the ______________________ brief.

Very truly yours,

Clerk of Court

By:

Chief, Judicial Records Division

5. � TRACER (JUDICIAL RECORDS DIVISION)

Republic of the Philippines

COURT OF APPEALS

Manila

_________________________

THE POSTMASTER � reg. mail w/c

_________________

RE: �� _________________________

vs. �� _________________________

CA-G.R. No. _________________________

S i r :

Please inform this Office within ten (10) days from receipt hereof, whether registered letter no. ______________ which was mailed at __________ on ____________________ and addressed to ______________________________ has been delivered to the addressee and the date of delivery; if however, said registered letter is still in your possession unclaimed by the addressee, notwithstanding the required number of notices you sent him/her, you are hereby directed to return said letter to this Office within the same number of days as above-stated.

Your immediate compliance is required.

Very truly yours,

Clerk of Court

By:

Chief, Judicial Records Division

x---------------------------------------------------------------------------------------------------------x

(Please use this space for the requested information)

RE: �� CA-G.R. No. _____________ Docket ______________

ENTITLED AS: �� ______________________________________________________

vs. �� ______________________________________________________

The Clerk of Court

COURT OF APPEALS

Manila

Attn: � Chief, Judicial Records Division

S i r :

In connection with your inquiry, I hereby certify that registered letter no. __________

________________________________________________________________________

Very truly yours,

6. � REQUEST FOR INFORMATION RE: STATUS OF CASES REMANDED FOR RETAKING OF TESTIMONIES

Republic of the Philippines

COURT OF APPEALS

Manila

_________________________

THE CLERK OF COURT �Reg./Per.

_______________________________

Sir/Madam:

Information is requested as to the status of Civil/Criminal Case, CA-G.R. No. ________________ entitled __________________________________________ versus the records of which were remanded to that Court on _____________________ for the retaking of the testimonies of witnesses covered by the untranscribed stenographic notes of stenographer/s ________________________________________________________.

Failure to hear from you within five (5) days from receipt hereof will constrain us to report the matter to the court for appropriate action.

Please be guided accordingly.

Very truly yours,

Clerk of Court

By:

Chief, Judicial Records Division

7. � AGENDA

Republic of the Philippines

COURT OF APPEALS

Manila

DIVISION

AGENDA

_________

CA-G.R. No. _______ & _______________________ vs. _______________________

ANTECEDENT FACTS:

SUBJECT MATTER:

REMARKS:

ORDER:

_____________________________________________________ J, (Ponente)

_____________________________________________________ J,

_____________________________________________________ J.

Respectfully,

Division Clerk of Court

8. � NOTICE OF HEARING

Republic of the Philippines

COURT OF APPEALS

Manila

_________________________ �� CA-G.R. No. __________________

-versus �

_________________________

x---------------------------------------------------------------------------------------------------------x

NOTICE OF HEARING

Hearing on the ____________________________________ is set on _________________ at _______________________. Notify the parties and counsel of this resolution.

SO ORDERED.

_________________________

WE CONCUR:

_________________________ �� _________________________

9. � SUMMONS

Republic of the Philippines

COURT OF APPEALS

Manila

_________________________ �� CA-G.R. No. __________________

- versus -

_________________________

x---------------------------------------------------------------------------------------------------------x

S U M M O N S

To:

GREETINGS:

WHEREAS, on ________________________ the ____________ Division of this Court promulgated a resolution giving due course to the petition for ______________________ (copies already furnished you by the petitioners) and directing the Division Clerk of Court to issue summons on the respondents.

NOW, THEREFORE, YOU, the respondents, are hereby required to file your respective answer to the petition within fifteen (15) days from notice hereof, otherwise, the petitioner may take judgment by default.

WITNESS, the Honorable _________________________ (Chairman), Honorable ______________ and Honorable ___________________________, this _______ day of ______________ at the Court of Appeals, Manila , Philippines .

Very truly yours,

Division Clerk of Court

Copy furnished:

10. � CARTILLA OF HEARING

Republic of the Philippines

COURT OF APPEALS

Manila

HEARING �� : �� CA-G.R. No.

DATE �� :

TIME �� :

PLACE �� :

x---------------------------------------------------------------------------------------------------------x

For Petitioner:

_________________________

For Respondent:

_________________________

The Presiding Judge

RTC �� _________________________

Division Clerk of Court

Republic of the Philippines

COURT OF APPEALS

Manila

x---------------------------------------------------------------------------------------------------------x

J. ______________________ �� CA-G.R. No. __________________

J. ______________________

x---------------------------------------------------------------------------------------------------------x

* Ponente

Received copy of Cartilla �� ______________________________

Office of J. _______________

Received copy of Cartilla �� ______________________________

Office of J. _______________

Received copy of Cartilla �� ______________________________

Office of J. _______________

Received copy of Cartilla �� ______________________________

Office of the Clerk of Court

Received copy of Cartilla �� ______________________________

GUARD

Received copy of Cartilla �� ______________________________

STENOGRAPHER

11. � SUBPOENA AD TESTIFICANDUM

Republic of the Philippines

COURT OF APPEALS

Manila

_________________________

- versus - �� ADM. CASE No. _______________

_________________________

x---------------------------------------------------------------------------------------------------------x

SUBPOENA AD TESTICANDUM

TO:

GREETINGS:

You are hereby commanded to appear before the Honorable ________________________, Associate Justice of the Court of Appeals, at __________ a.m./p.m. on ________________________, at his/her Chambers at this Court, Ermita, Manila , then and there to testify in connection with this Administrative Case.

FAIL NOT UNDER PENALTY OF LAW

WITNESS the Honorable _________________________________, Associate Justice, this _____________ day of _________________________.

Division Clerk of Court

12. � SUBPOENA DUCES TECUM

Republic of the Philippines

COURT OF APPEALS

Manila

_________________________

Complainant,

- versus - �� ADM. CASE No.

_________________________

Respondent.

----------------------------------------------------------------------------------------------------------x

SUBPOENA DUCES TECUM

TO:

GREETINGS:

You are hereby commanded to appear before the Honorable _______________________ at his/her Chambers at the Court of Appeals, Ermita, Manila on ____________________, at ___________ o�clock in the morning/afternoon then and there to testify in the scheduled hearing of this Administrative Case, bringing with you the ________________ corresponding to the period ______________________________.

YOU ARE HEREBY WARNED THAT FAILURE TO COMPLY WITH THIS SUBPOENA MAYBE CONSTRUED AS CONTEMPT OF COURT AND PENALIZED ACCORDINGLY.

WITNESS the Honorable ________________________________, Investigating Justice, this __________ day of __________________________.

Division Clerk of Court

13. � CERTIFICATION OF APPEARANCE

Republic of the Philippines

COURT OF APPEALS

Manila

-------------------------------------------,

- versus - �� CA-G.R. ________ No.

-------------------------------------------,

x---------------------------------------------------------------------------------------------------------x

C E R T I F I C A T I O N

This is to certify that _________________________________________, appeared at the scheduled hearing of this case on _________________, regarding ________________________________.

This certification is issued at the request of ______________________________ for whatever legal purpose it may serve him.

Issued at the Court of Appeals, this _______________ day of _____________.

Division Clerk of Court

1 4. � MINUTE RESOLUTION

Republic of the Philippines

COURT OF APPEALS

Manila

S i r :

Quoted hereunder for your information, is a resolution of this Court (____________________________________ DIVISION) dated ___________________.

CA-G.R. _________________ No. ______________

Upon motion by ______________________________, the Court RESOLVED TO GRANT him/her/them/ an _________________________ period/extension of _________________- days from ____________________________________ within which to file his/her/their _______________________.

WITNESS the Honorable ____________________________________, Chairman, Honorable ________________________________ and the Honorable __________________________________, Members, this _________________ day of __________________________________.

Very truly yours,

Division Clerk of Court

15. � NOTICE OF RESOLUTION/DECISION

Republic of the Philippines

COURT OF APPEALS

Manila

_________________________,

- versus - �� CA-G.R. ______ No. ____________

_________________________

x---------------------------------------------------------------------------------------------------------x

_________________________

NOTICE OF RESOLUTION/DECISION

S i r/ M a d a m:

Please take notice that on ____________________________________________, a RESOLUTION/DECISION, copy attached, was rendered by the _______________________DIVISION, Court of Appeals, on the above-entitled case, the original copy of which is on file with this Office.

You are hereby required to inform this Court under oath within five (5) days from receipt hereof, of the date when you received this notice and a copy of the Resolution/Decision.

Very truly yours,

Division Clerk of Court

Copy furnished

16. � WRIT OF EXECUTION

Republic of the Philippines

COURT OF APPEALS

Manila

_________________________

- versus - �� CA-G.R. ______ No. ____________

_________________________

x---------------------------------------------------------------------------------------------------------x

WRIT OF EXECUTION

TO:

GREETINGS:

WHEREAS, on _______________________, the ___________Division of this Court promulgated a judgment approving ____________________________________, the dispositive portion of which reads as follows:

NOW THEREFORE, YOU, the Branch Sheriff are hereby ordered to immediately enforce and implement the terms and conditions stipulated in this Court�s Decision dated ____________________________ as follow

and to make a return of your proceedings under this Writ within a period of twenty (20) days from receipt hereof.

FAIL NOT UNDER PENALTY OF LAW

WITNESS, the Honorable __________________________, Chairman, ___________ and Honorable ______________________, Associate Justice of the Court of Appeals, this __________________ day of __________________________.

Division Clerk of Court

Copy furnished

17. � ORDER OF RELEASE UPON BOND

Republic of the Philippines

COURT OF APPEALS

Manila

NO.

PEOPLE OF THE PHILIPPINES , �� CA-G.R. ______ No. ____________

� Plaintiff-Appellee, �� No. _________ of the Regional Trial

�� Court of ______________________

- versus - �� _____________________________

___________________________ �� For : �� ________________________

Accused-Appellant.

ORDER OF RELEASE UPON BOND

GRETINGS:

WHEREAS, this Court (________________CRIMINAL CASES DIVISION) on this ________ day of ______________________________, passed a resolution in the above-entitled case, to wit:

NOW, THEREFORE, in accordance with said resolution, you are hereby commanded to immediately release from confinement said appellant. __________________________ unless there is any other cause for which he should continue to be detained, and to return this order with a certificate of your proceedings.

GIVEN by the Honorable _________________________________, Chairman, _______________________ and ____________________, Associate Justice of the Court of Appeals, Manila , this ____________ day of ________________________.

Division Clerk of Court

Copy furnished

18. � ORDER OF RELEASE

Republic of the Philippines

COURT OF APPEALS

Manila

NO. ______________

PEOPLE OF THE PHILIPPINES , �� CA-G.R. ______ No. ____________

� Plaintiff-Appellee, �� No. _________ of the Regional Trial

�� Court of ______________________

- versus - �� _____________________________

___________________________

� Accused-Appellant.

ORDER OF RELEASE

GRETINGS:

WHEREAS, on the _________ day of _______________________, a decision was rendered in the above-entitled case, the dispositive part of which reads as follows:

NOW, THEREFORE, you are hereby ordered to release immediately the herein accused-appellant _______________________________ unless there is any other cause for which he should continue to be detained, furnishing this Office with a certificate of your proceedings.

GIVEN by the Honorable _____________________________________ Chairman, _____________________ and _____________________________________, Associate Justice of the Court of Appeals, this __________ day of __________________________.

Division Clerk of Court

Copy furnished

19. � TRACER (DIVISION CLERK OF COURT)

Republic of the Philippines

COURT OF APPEALS

Manila

The Postmaster � reg.w/c �� _________________________

_________________________

Sir/Madam:

Upon instruction of the Court, you are hereby required to inform this Court within ten (10) days from receipt hereof, as to the exact date when registered letter no. ___________ posted at Central Post Office, Manila on __________________________, and addressed to _______________________________________________ at ____________________ was delivered to and received by said addressee.

If despite service of the regulatory three (3) notices, the said registered letter is unclaimed by the addressee and is in your possession, you are directed to return said mail to this office within the same period of ten (10) days, together with your certification of the date when the first notice was sent to and received by said addressee.

A letter form printed hereunder may be used for the return requested herein.

Your immediate compliance is enjoined with WARNING that UNDUE DELAY may constitute contempt of court.

Very truly yours,

Clerk of Court

By:

Division Clerk of Court

________________________________________________________________________

Division Clerk of Court

Court of Appeals, Manila

RE: �� CA-G.R. ____ No. _________

Madam:

In reply to your letter dated _____________________ and having reference to registered letter no. _________________________ addressed to ____________________ at _________________________________, please be informed that:

Said letter was delivered to and received by __________________________ on ______________________________.

Said letter has been unclaimed by the addressee and is herewith returned with the certification that the first notice was sent to and received by ______________________________ on ________________________________.

Very truly yours.

20. � ENTRY OF JUDGMENT

Republic of the Philippines

COURT OF APPEALS

Manila

________________________________________________________________________

_________________________ �� CA-G.R. _____ No. _____________

- versus - �� No. __________________________

�� of �� __________________________

_________________________

________________________________________________________________________

ENTRY OF JUDGMENT

This is to certify that on ______________________________________________, a decision/resolution rendered in the above-entitled case was filed in this Office, the dispositive part of which reads as follows:

and the same has, on ________________________________________, became final and executory and is hereby recorded in the Book of Entries of Judgments.

Clerk of Court

By:

___________________

Division Clerk of Court

21. � ELEVATION OF RECORDS TO THE SUPREME COURT

Republic of the Philippines

COURT OF APPEALS

Manila

_________________________

The Clerk of Court

Supreme Court

Manila

S i r :

Pursuant to the resolution/decision of this Court dated ______________________, in CA-G.R. _____No. ________________, entitled _____________________________ vs. __________________________________, we are forwarding herewith ____________________________________ the records of the case consisting of the following:

_________________________Rollo ________________ pages

2. �� _________________________Folder of exhibits ______ pages

3. �� _________________________Folder of original records ______ pages

4. �� _________________________Original and ___________ copies

�� TSN

5. �� Others: �� ______________________________________________________

�� ______________________________________________________

______________________________________________________

Copy furnished:

Very truly yours,

Clerk of Court

By:

Division Clerk of Court

1 Revised Internal Rules of Court of Appeals, Rule 2, Sec. 1

2 Rep. Act No. 8246, sec. 3

3 Id. , sec. 2.

4 Revised Outline of Jurisdiction by Justice Jose Y. Feria, July-September 1999, Philja Bulletin.

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