OCA CIRCULAR NO. 56-2003, May 22, 2003
OCA CIRCULAR NO. 56-2003, May 22, 2003
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TO:
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All Clerk of Court and Branch Clerks of Court of all Multiple Sala Courts.
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SUBJECT :
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Issuance of Summons to Defendants under Rules of Civil Procedure (1997), Rule 14, Sec. 1
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It has come to our attention that some Clerks of Court, Office of the
Clerk of Court, in multiple sala courts have been issuing summons to
the defendants even before the cases are raffled and assigned to
specific branches thereat.
For the proper implementation of Sec. 1, Rule 14 of the 1997 Rules of
Civil Procedure, cited hereunder are the pertinent provisions of the
2002 Revised Manual for Clerks of Court approved by the Court En Bane in
a resolution dated May 28, 2002 in A.M. No. 02-5-07-SC, to wit:
“1.2. Single Sala and Branch of a Multiple Sala Court- in Civil
Cases {ordinary Civil Actions, Special Civil Actions and Special
Proceedings)1.2.1. Before Trial
1.2.1.1. Summons
a. Clerk bo issue summons
Upon the filing of the complainant and the payment of the
requisite legal fees, the Clerk of Court shall forthwith issue the
corresponding summons to the defendants.In multiple sala court, it is the Branch Clerk of Court who issues the summons.”
Henceforth, all Clerks of Court in multiple sala courts are ordered
to; €ease and desist from issuing summons to defendants and strict
compliance to the aforecited provision is hereby enjoined.
May 22, 2003.
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PRESBITERO J. VELASCO, JR.
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Court Administrator
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