GR L 3895; (December, 1907) (Digest)
G.R. No. L‑3895
FACTS
– On 5 January 1907 the presiding judge of the Court of Land Registration ordered clerk A. K. Jones to obtain the judge’s written approval before making any recommendation for appointment or promotion of court personnel.
– Jones, on 29 January 1907, sent recommendations to the Acting Director of Civil Service for the promotion of Percy G. Dwyre and the temporary employment of Enrique Elzingre, without first securing the judge’s approval as directed.
– The judge issued a show‑cause order for contempt; Jones was convicted, sentenced to one month’s imprisonment and a ₱150 fine.
– Jones appealed, asserting that, under the law, the clerk is not subject to the judge’s control over appointments and promotions, contending that only the Attorney‑General may approve such employment under §8 of Act No. 496 and the Civil Service Law.
ISSUE
Whether the clerk of the Court of Land Registration is subject to the presiding judge’s authority to control his conduct, specifically the making of recommendations for the appointment or promotion of court personnel, and consequently whether his failure to obtain the judge’s prior approval constitutes contempt of court.
RULING
The Supreme Court held that:
1. Section 11 of the Code of Civil Procedure expressly empowers every court “to control… the conduct of its ministerial officers,” which includes the clerk.
2. Section 8 of Act No. 496 commands that the clerk “shall be under the direction of the court” and may employ assistants subject to the approval of the Attorney‑General, but this authority is exercised under the general direction of the senior judge.
3. The judge’s order requiring prior written approval was a lawful directive within his statutory power to supervise his clerk; non‑compliance interfered with the orderly administration of the court.
4. Consequently, Jones’s act constituted contempt of court. The conviction, imprisonment, and fine were affirmed.
Carson, J., concurring.
