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COMELEC Rules of Procedure - Part VIII - Rule 38

Approved: 15 February 1993

Clerk of Court and Deputy Clerk of Court of the Commission

Section Guide

Sec. 1. Clerk of Court

Sec. 2. Duties of the Clerks of Court

Sec. 3. Deputy Clerks of Court

Sec. 4. Duties of Deputy Clerks of Court

Sec. 5. Division Clerks of Court

Sec. 6. Duties of Division Clerks of Court

Sec. 7. Stenographers

Sec. 8. Duties of Stenographers

Sec. 9. Security

Sec. 10. Support staff


Section Details

Section 1. Clerk of Court. -

  1. In Special Actions, Special Cases and Special Proceedings, the Director of the Law Department or his duly authorized representative shall serve as the Clerk of Court of the Commission.

  2. In ordinary Actions, and in Special Reliefs, the Director of the Electoral Contests Adjudication Department shall serve as the Clerk of Court of the Commission.

Sec. 2. Duties of the Clerks of Court. - The Clerks of Court of the Commission shall, subject to the supervision of the Chairman of the Commission, manage for the Commission the proper hearing and disposition of all cases within their respective area of responsibility as stated in Section 1 hereof. Each shall:

  1. Receive all pleadings and other documents properly presented, endorsing on each such document the date when it was filed, and furnishing each Member a copy thereof;

  2. Keep a judicial docket wherein shall be entered in chronological order the cases and the proceedings had thereon;

  3. Prepare the calendar of cases;

  4. Attend sessions of the Commission and enter in a minute book all proceedings therein;

  5. Issue under his signature and the office seal, notices, orders and decisions which are to be given due course, furnishing each Member copies thereof;

  6. Execute orders, resolutions, decisions and processes issued by the Commission;

  7. Keep a judgment book containing a copy of judgments rendered by the Commission in the order of their dates, and a book of entries of judgments containing at length in chronological order entries of all final judgments or orders of the Commission;

  8. Keep an account of the funds received and disbursed relative to the cases when so directed;

  9. Keep and secure all records, papers, files, exhibits, the office seal and other public property committed to his charge;

  10. Perform such other duties as are prescribed by law for clerks of superior courts; and

  11. Keep such books and perform such duties as the Commission may direct.

Sec. 3. Deputy Clerks of Court. -

  1. The Assistant Director of the Law Department shall serve as Deputy Clerk of Court in all cases where the Director of said Department acts as the Clerk of Court of the Commission.

  2. The Assistant Director of the Electoral Contests Adjudication Department shall serve as the Deputy Clerk of Court in all cases where the Director of said Department acts as the Clerk of Court of the Commission.

Sec. 4. Duties of Deputy Clerks of Court. - The Deputy Clerks of Court shall assist their respective Clerks of Court and shall perform such other duties and functions as may be assigned to them by their respective Clerks of Court.

Sec. 5. Division Clerks of Courts. - Each Division shall have a Division Clerk of Court who must be a ranking lawyer from either the Law Department or the Electoral Contests Adjudication Department and designated by the Commission upon the joint recommendation of the Directors of said departments.

Sec. 6. Duties of the Division Clerks of Court. - A Division Clerk of Court shall:

  1. Attend the hearings of sessions of his Division;

  2. Coordinate in the preparation of the calendar of cases;

  3. Call the cases in the calendar during sessions or hearings;

  4. Supervise the stenographers;

  5. Administer oaths to witnesses;

  6. Mark exhibits of the parties, indicating therein the date and affixing thereto his signature;

  7. Be responsible to the Clerk of Court of the Commission for the safety and security of the records of cases and other documents entrusted to him during sessions or hearings; and

  8. Perform such duties as may be assigned by the Presiding Commissioner or by the Clerk of Court concerned.

Sec. 7. Stenographers. - Every session or hearing of the Commission, whether en banc or in Division, shall be attended by at least two (2) competent stenographers.

Sec. 8. Duties of Stenographers. - It shall be the duty of the stenographers to:

  1. Record faithfully in stenographic notes the proceedings during the session or hearing of the Commission en banc or of the Division;

  2. At the close of every hearing or session, to deliver immediately the stenographic notes he has taken to the Clerk of Court or Division Clerk of Court who shall initial all the pages thereof and who shall stamp the date of receipt thereon, and when such notes are transcribed, the transcript shall likewise be delivered to the Clerk of Court who shall initial each page thereof. It shall be the duty of the Clerk of Court to demand that the stenographer comply with said task;

  3. Transcribe the notes, upon demand of the Commission or the Division, or by any of the parties, subject to the payment of the prescribed fees; and

  4. Perform such other duties as the Commission may prescribe.

Sec. 9. Security. - At any session or hearing of the Commission or any of its Divisions, the Executive Director thru the Assistant Director for Administration, shall provide adequate security for and in the session hall and its premises.

Sec. 10. Support Staff. - The Commission or any of the Divisions may require other employees of the Commission to assist the Commission or the Divisions during its session or hearing or in the performance of its duties. They shall be under the supervision of the Clerk of Court concerned.