Court clerk fights lawyer, gets 30-day suspension from SC
The Supreme Court (SC) ordered the 30-day suspension of a clerk of court in Cebu City for engaging in a heated argument with a lawyer whose pleading he refused to accept.
Reynaldo Teves, clerk of court of the Municipal Trial Court in Cities Branch 4, was also admonished that a repetition of the same or a similar offense will be dealt with more severely.
In a ruling penned by Associate Justice Roberto Abad, the High Court said Teves erred in refusing to receive the pleading filed by lawyer Edward Anthony Ramos on the ground that it did not bear proof of service on the defendant.
“Unless specifically provided by the rules, clerks of court have no authority to pass upon the substantive or formal correctness of pleadings and motions that parties file with the court,” Abad said.
The High Court also said Teves stubbornly held his ground and was discourteous to the lawyer.
Under the Code of Conduct for Court Personnel, Abad said “court personnel shall carry out their responsibilities as public servants in as courteous a manner as possible.”
Article continues after this advertisement“The duty of clerks of courts to receive pleadings, motions, and other court-bound papers is purely ministerial.
Article continues after this advertisement“Although they may on inspection advise the parties or their counsels of possible defects in the documents they want to file, which may be regarded as part of public service, they cannot upon insistence of the filing party refuse to receive the same,” Abad said.
On September 8, 2008, Ramos went to MTCC Branch 4 to personally file an urgent ex parte motion to resolve the pending incident.
But Teves allegedly refused to receive the motion since it did not bear proof of service on the defendant.
A heated argument ensued between Ramos and Teves, prompting the presiding judge to intervene and direct the clerk in charge of civil cases to receive the ex parte motion.
Ramos complained about Teves’ actuations before the Office of the Court Administrator (OCA) for arrogance and discourtesy in refusing to receive his motion.
In his comment, Teves said he was neither arrogant nor discourteous and that his argument with Ramos had been cordial and professional.
The Court referred the case to former MTCC Executive Judge Oscar Andrino for investigation, report and recommendation.
In his report, Judge Andrino found Teves to be arrogant, discourteous, and rude in refusing to receive the motion. /Ador Vincent Mayol, Reporter
