My bookmarksSign up free

Act No. 190 CHAPTER XIV

Section 384–388 · 5 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

General duties of the clerk.

Section 384

SEC. 384. General duties of the clerk. — The clerk shall be the recording officer of all the proceedings of the court. He or his deputy may, at any time, receive and file all complaints, answers, motions, reports, injunctions, orders, judgments, decrees, or other papers affecting an action or special proceeding offered for that purpose; and shall indorse upon all such papers the time when and the party by whom they were respectively filed, and may issue, under the seal of the court, all process authorized by law to be issued by him and proper in any action or proceeding pending in the court of which he is clerk. He may administer oaths in all cases where oaths are proper to be administered. He shall preserve and keep all records, files, papers, and books belonging to his office. He shall in person or by deputy attend all sessions of the court, and shall keep minute books, in which he shall record, under the direction of the judge, all the proceedings of the court. He may issue certified copies of all papers and records within his office, under the seal of the court. His acts shall at all times be under the direction of the judge.

The docket.

Section 385

SEC. 385. The docket. — The minute book prescribed in the preceding section shall be called a docket, and each page thereof shall be properly prepared for receiving all the entries appertaining to a single action. It shall contain the names of the plaintiff and defendant, the date when the complaint, answer, demurrer, bill of exceptions, execution, and all motions, and all other papers in the action have been filed or issued, and a brief statement of all orders, judgments, and other proceedings therein, so that by a reference to a single page the whole history of the action may be briefly outlined. The docket shall be duly indexed, both direct and indirect, in the alphabetical order of the names of the parties, and of each of them, so that the page of the docket containing the entries in each case may be readily found.

New dockets.

Section 386

SEC. 386. New dockets. — A new docket shall be prepared by the clerk before the commencement of each of the term of the court, omitting therefrom all actions standing upon the old docket and which have been finally disposed of before the preparation of the new docket. Upon the new docket, action shall be entered in the same order in which they stood upon the last former docket, and upon the page devoted to each action shall be copied all the entries pertaining to that action contained in the former docket. The new docket shall be indexed as provided in the preceding section.

Book of final records.

Section 387

SEC. 387. Book of final records. — Immediately after the final termination of an action in which no further proceedings, appellate or otherwise, can be had except the enforcement of the judgment, the clerk shall record the complaint, service of process, demurrer or answer, and final judgment, including the finding of facts by the court, in a book to be kept for that purpose, and styled, "The Book of Final Records," but he shall not record the evidence which has been taken in the action, nor any part of the arguments of counsel; nor shall he record other proceedings in the action, except so far as such record may be necessary to show the important steps taken in the litigation, and the judge may give special directions to that end in any case where he shall consider it expedient so to do.

Custody of moneys paid into court.

Section 388

SEC. 388. Custody of moneys paid into court. — Whenever moneys are paid into or deposited in court, the same shall be delivered to the clerk in person, or to such of his deputies as shall be specially authorized by his appointment in writing to receive the same. He must, unless otherwise directed by law, deposit it with the provincial treasurer, to be held by him subject to the order of the court. The treasurer shall keep each fund distinct, and open an account with each.

Back to Act No. 190 — full text

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).