"x x x.
Clearly Teves erred in refusing to receive Atty. Ramos’ motion 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. 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.
The charge against branch clerk of court Teves is that he was arrogant and discourteous in refusing to receive Atty. Ramos’ motion despite the latter’s explanation, as a lawyer, that a copy of the same did not have to be served on the defendant. Actually, neither Atty. Ramos nor Judge Andrino claims that Teves used foul language. The latter just stubbornly stood his ground.
Still, Teves was discourteous. Canon IV, Section 2 of the Code of Conduct for Court Personnel provides that “court personnel shall carry out their responsibilities as public servants in as courteous a manner as possible.” Atty. Ramos was counsel in a case before Teves’ branch. He was an officer of the court who expressed a desire to have the presiding judge, to whom he addressed his motion, see and consider the same. Teves arrogated onto himself the power to decide with finality that the presiding judge was not to be bothered with that motion. He denied Atty. Ramos the courtesy of letting the presiding judge decide the issue between him and the lawyer.
x x x."
