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Rules of Court - Rule 136 (Court Record and General Duties of Clerks and Stenographers)

Philippine lawLegal status not independently verified

In brief

AI summary. Verify against the source below.

Rule 136 sets out the symbols of the courts, the operating hours of clerk offices, and the duties of clerks and stenographers in handling court records, dockets, judgments, executions, and certified copies.

Who it affects: It applies to clerks, deputy clerks, stenographers, judges, justices of the peace, municipal judges, and parties who interact with court records in the Philippines.

Key provisions

  • Arms and seal of courts. The Supreme Court, Court of Appeals, and Court of First Instance each have a specific coat of arms and a circular seal that includes the arms and a scroll with the inscription "Lex Populusque" and the name of the court. [Section 1]
  • Style of process. All court process must bear the seal of the issuing court, be signed by the clerk, and show the date it was actually issued. [Section 2]
  • Clerk's office hours and location. Clerk offices are open during business hours every day except Sundays and legal holidays; the Supreme Court and Court of Appeals clerks keep their offices in Manila, and all papers required to be filed there must be filed in Manila. [Section 3]
  • Issuance of writs and process by clerk. The clerk of a superior court may issue ordinary writs and process under the court seal, and may, under the direction of the court or judge, prepare letters of administration, appointments of guardians, trustees, and receivers. [Section 4]
  • Clerk duties when judge is absent. In the judge's absence, the clerk may receive applications, petitions, inventories, reports, and issue orders and notices; the clerk may also receive accounts and evidence related to estates, guardianships, or receiverships and forward them to the judge with findings if directed. [Section 5]
  • Receiving papers and keeping minutes. The clerk must receive and file all pleadings and papers, note the time of filing, attend every court session, and record the proceedings in a minute book. [Section 6]
  • Safekeeping of records and property. The clerk is responsible for safely keeping all records, papers, files, exhibits, public property, the court library, seals, and furniture belonging to the office. [Section 7]
  • General docket. The clerk keeps a numbered general docket that lists each case in the order received, showing the date of every filing, order, judgment, and other step so the case history can be seen on a single page. [Section 8]
  • Judgment and entries books. The clerk maintains a judgment book with copies of each judgment in date order and an entries book that chronologically records all final judgments or orders of the court. [Section 9]
  • Execution book. The clerk records each execution and the officer's return in an execution book, listing them chronologically. [Section 10]
  • Certified copies. Upon request and payment of prescribed fees, the clerk prepares copies certified under the court seal of any paper, record, order, judgment, or entry that may be certified. [Section 11]
  • Stenographer's duty. A stenographer must deliver his notes to the clerk immediately after each morning or afternoon session; the clerk stamps the receipt date, and the transcribed transcript is then attached to the case record. [Section 17]

Common questions

What does the seal of the Supreme Court look like?
It is a circular seal that contains the Supreme Court's coat of arms, a scroll with the words "Lex Populusque," a garland of laurel leaves, and the text "Supreme Court, Republic of the Philippines" around the garland. [Section 1]
Can anyone take records from the clerk's office?
No. Records may be taken only with a court order, except that the Solicitor General, provincial fiscal, or attorneys de oficio may withdraw records of cases in which they have an interest, provided they give a proper receipt. [Section 14]
When is the clerk's office open?
The clerk's office is open during business hours on all days except Sundays and legal holidays. [Section 3]
What can the clerk do if the judge is absent?
The clerk may receive applications, petitions, inventories, reports, and issue orders and notices; he may also receive accounts and evidence related to estates, guardianships, or receiverships and forward them to the judge with any findings the judge directs. [Section 5]
How does one obtain a certified copy of a court document?
A person may request a certified copy from the clerk, who will prepare it under the court seal for the fees prescribed by the rules. [Section 11]
What are the required dimensions for unprinted documents filed with the court?
Unprinted documents must be on good‑quality paper measuring 12 inches by 8½ inches, with top and left margins of at least 1½ inches; they must be single‑sided, sewn with five stitches on the left edge, and not be duplicated. [Section 15]
What is the stenographer required to do after a court session?
The stenographer must deliver his notes to the clerk immediately after the session; the clerk stamps the date of receipt, and the transcript is later attached to the case record. [Section 17]
How must the docket of a justice of the peace be organized?
The docket must be a well‑bound book that records, for each case, the title, nature of the case, dates of process, appearances, pleadings, trial minutes, witnesses, judgment, costs, execution, and any notice of appeal. [Section 18]

Legal information, not legal advice

Tatsulok checks that this text faithfully reproduces its published source, but Tatsulok is not an official publisher and does not independently verify whether the text is currently in force, amended, or repealed. Always confirm against an official source, such as the Official Gazette or the issuing government authority, before relying on it. This is legal information for study, not legal advice. For your situation, consult a lawyer or Philippine legal aid.