Supreme Court Administrative Circular No. 58-08 mandates the disqualification of clerks of court at all levels from performing their duties if they have any grounds for disqualification under Section 1, Rule 137 of the Rules of Court. Clerks are required to screen pending cases and report any disqualifications to their presiding judges or relevant authorities. The Court Administrator must disseminate this directive and propose procedures for temporary replacements of disqualified clerks within 30 days. Similarly, presiding justices of appellate courts must submit their internal rules regarding temporary replacements for their clerks. The directive aims to ensure the integrity and proper functioning of the court system.
June 3, 2008
SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 58-08
| SUBJECT | : | Implementation of Section 1, Rule 137 of the Rules of Court, as Amended by the En Banc Resolution dated June 3, 2008, in A.M. No. 08-4-1-SC, Re: Disqualification of All Clerks of Court, Assistant Clerks of Court, Deputy Clerks of Court and Branch Clerks of Court, in All Levels in the Performance of their Respective Functions and Duties |
Effective immediately:
1. Clerks of court, assistant clerks of court, deputy clerks of court and branch clerks of court in all levels shall conduct a screening of cases now pending before their respective courts or divisions to verify and report in writing to their respective presiding judges, Chairpersons of Divisions, or in en banc cases, to the Presiding Justice and Chief Justice, as the case may be, if there are grounds for their disqualification in regard to the performance of their functions and duties, under the first paragraph of Section 1, Rule 137 of the Rules of Court.
2. The Court Administrator shall cause the immediate dissemination of this Administrative Circular to all clerks of court, assistant clerks of court, deputy clerks of court, branch clerks of court, trial courts and judges of the first and second level; and submit within 30 days from notice of herein Circular, for approval by the Court, an appropriate procedure for the temporary replacements of clerks of court in the handling of the particular cases from which they are disqualified under Section 1, Rule 137 of the Rules of Court, as amended.
3. The Presiding Justices of the Court of Appeals, Sandiganbayan, and Court of Tax Appeals are directed to submit within 30 days from notice of herein Circular, for approval by the Court, their respective internal rules on the temporary replacements of their respective clerks of court in the handling of the particular cases from which they are disqualified in regard to the performance of their respective functions and duties under Section 1, Rule 137 of the Rules of Court, as amended. aSDCIE
4. The Clerk of Court of the Supreme Court is directed to submit, within 30 days from notice of herein Circular, for approval of the Court, the procedure for temporary replacement of the SC Clerks of Court and Assistant Clerks of Court covering particular cases from which they are disqualified under Section 1, Rule 137 of the Rules of Court, as amended.
Issued this 3rd day of June, 2008.
(SGD.) REYNATO S. PUNOChief Justice