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COL. OCTAVIO ALVAREZ v. JUDGE AUGUSTUS C. DIAZ

This case has been cited 2 times or more.

2008-03-28
NACHURA, J.
Clerks of court must be individuals of competence, honesty and probity. They play a key role in the court and, thus, cannot be permitted to slacken on their jobs under one pretext or another.[8] Knowledge as to form of pleadings and motions is a skill required of a clerk of court of a regional trial court. The RTC's general jurisdiction calls for an efficient clerk of court, an attorney, who is presumed to know the law and the Rules of Court so that the court may effectively administer justice. Atty. Acidera has certainly been inefficient in the performance of even the simplest duty.
2008-03-28
PANGANIBAN, CJ.
or the exercise of judicial powers, and is generally administrative or ministerial in nature, she still assumes the responsibility to observe ordinary prudence in the performance of her duties. That diligence calls for her to verify if the pleadings submitted to her for the judgment of the court comply with the minimum procedural requirements. Such determination is not an exercise of discretion or judgment but an administrative act in aid of the speedy disposition of cases. Clerks of court must be individuals of competence, honesty and probity. They play a key role in the court and, thus, cannot be permitted to slacken on their jobs under one pretext or another.[8] Knowledge as to form of pleadings and motions is a skill