May a branch clerk of court refuse to receive a pleading that does not conform with the requirements of the Rules of Court?
Facts: A lawyer filed an urgent ex parte motion to resolve his request for preliminary attachment. The branch clerk of court refused to receive the motion for the reason that it did not bear proof of service on the defendant.
Held: No. 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. Compliance with the rules is the responsibility of the parties and their counsels. And whether these conform to the rules concerning substance and form is an issue that only the judge of the court has authority to determine.
The duty of clerks of courts to receive pleadings, motions, and other court-bound papers is purely ministerial. 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. [Ramos vs Teves, A.M. No. P-12-3061, June 27, 2012]
