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DONATILLA M. NONES v. VERONICA M. ORMITA

This case has been cited 2 times or more.

2015-07-01
PEREZ, J.
It is clear from the foregoing that COC Maog overstepped the bounds of his authority. Instead of just quoting the dispositive portion of the order, he included the phrase and turn over the possession and operation of the subject terminal to plaintiff to allegedly give more meaning to an otherwise vague order. Despite his noble intention, by doing so, COC Maog arrogated unto himself a function which is reserved solely for members of the bench. We reiterate that clerks of court perform only administrative, not judicial, functions.[9] In the issuance of writs, the duties of clerks of court are governed by Section 4 of Rule 136 of the Rules of Court, which provides:SEC. 4. Issuance by clerk of process. The clerk of a superior court shall issue under the seal of the court all ordinary writs and process incident to pending cases, the issuance of which does not involve the exercise of functions appertaining to the court or judge only; and may, under the direction of the court or judge, make out and sign letters of administration, appointments of guardians, trustees, and receivers, and all writs and process issuing from the court.
2005-02-07
YNARES-SANTIAGO, J.
We have consistently held that persons involved in the    administration of justice ought to live up to the strictest standards of honesty and integrity in the public service. The conduct required of court personnel, from the presiding judge to the lowliest clerk, must always be beyond reproach and circumscribed with the heavy burden of responsibility. This Court cannot countenance any act or omission by all those involved in the administration of justice, where such act or omission would violate the norm of public accountability and diminish the faith of the people in the judiciary.[18]