The Importance of Due Diligence: Clerks of Court Must Ensure Proper Document Certification

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A.M. No. P-96-1213, August 01, 1996

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Imagine needing a crucial document from the court to prove your case. You request a certified copy, pay the fees, but the clerk forgets to stamp it as “certified.” Suddenly, your petition is denied due to a technicality. This scenario highlights the critical role clerks of court play in ensuring the integrity and accessibility of court records. In the Philippines, their negligence can have serious consequences for litigants.

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This case, Julie O. Ramirez v. Fernando G. Racho, underscores the duty of clerks of court to properly certify documents and the repercussions for failing to do so. It emphasizes that a clerk’s administrative functions are vital to the prompt and proper administration of justice.

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Legal Framework: Duties and Responsibilities of Clerks of Court

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The duties of a Clerk of Court are clearly defined in the Rules of Court. Section 11, Rule 136 explicitly states that the clerk must provide certified copies of court documents upon request and payment of the prescribed fees. This duty isn’t merely ministerial; it ensures the reliability and admissibility of court records in legal proceedings.

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Section 11, Rule 136 of the Rules of Court: “The clerk of a court shall keep safely all records, papers, files, exhibits and public property committed to his charge, and shall perform such other duties as may be assigned to him by law or regulation. He shall prepare, under the seal of the court, certified copies of any paper, record, order, judgment, or entry in his office, for any person demanding the same, on payment of the lawful fees.”

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Moreover, Section 2, Rule 135 emphasizes the clerk’s supervisory role over court records, reinforcing the principle that these records are public and accessible. This accessibility is a cornerstone of transparency and accountability in the judicial system.

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For example, imagine a property dispute where ownership hinges on a certified copy of a land title. If the clerk negligently fails to properly certify the document, the rightful owner could face significant legal and financial setbacks.

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Clerks of court are essential officers in the judicial system. Their administrative functions are just as important as the adjudicative functions of judges. Proper handling of documents is critical for the administration of justice.

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Case Narrative: Ramirez vs. Racho

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The case of Julie O. Ramirez v. Fernando G. Racho unfolded as follows:

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• Julie O. Ramirez requested certified copies of documents from Fernando G. Racho, Clerk of Court of the Metropolitan Trial Court, Branch 21, Manila, for Civil Case No. 126749-CV.

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• Ramirez paid the required fees.

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• Racho allegedly failed to stamp the reproduced documents as “certified xerox copies.”

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• As a result, Ramirez’s Petition for Certiorari and Prohibition was denied by the Supreme Court due to the non-attachment of certified copies.

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Racho defended himself by stating that he instructed a court stenographer to photocopy the documents and assumed Ramirez’s representative would return to have them certified after payment. He argued that the official receipts should have been sufficient proof of certification.

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The Court, however, found Racho’s defense untenable. As the Court Administrator stated,