OCA CIRCULAR NO. 35-2009, March 30, 2009
OCA CIRCULAR NO. 35-2009, March 30, 2009
OCA Circulars March 30, 2009
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TO:
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ALL CLERKS OF COURTS OF THE FIRST AND SECOND LEVEL COURTS
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SUBJECT:
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DISMISSAL OF A CASE OR EXPUNCTION OF A PLEADING FROM THE RECORDS FOR A FAILURE TO COMPLY WITH OCA CIRCULARS NO. 66-2008
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For the information and guidance of all concerned, quoted hereunder is a portion of the Resolution of the Court En Banc dated
24 February 2009. in 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 wit:
24 February 2009. in 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 wit:
:”(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 Cierk of Court has no authority to refuse to
accept pleadings which ao not comply with the MCLE certification
requirement the duty to accept such pleadings being a ministerial duty
on its part.”For strict compliance.
March__30__,2009.