Effective: December 27, 2007
A.M. No. 07-7-12-SC - AMENDMENTS TO RULES
41, 45, 58 AND 65 OF THE RULES OF COURT
Acting on the recommendation of the Chairperson and Members of the
Subcommittee on the Revision of Rule 65 submitting for this Courts
consideration and approval the proposed amendments to Rules 41, 45, 58
and 65 of the Rules of Court, the Court Resolved to APPROVE the same.
This Resolution shall take effect on December 27. 2007 following its
publication in a newspaper of general circulation.
December 4, 2007.
RENATO S. PUNO
LEONARO A. QUISUMBING
ANTONIO T. CARPIO
MA. ALICIA AUSTRIA-MARTINEZ
RENATO C. CORONA
CONCHITA CARPIO MORALES
ADOLFO S. AZCUNA
DANTE O. TINGA
MINITA V. CHICO-NAZARIO
PRESBITERO J. VELASCO, JR.
ANTONIO EDUARDO B. NACHURA
RUBEN T. REYES
TERESITA J. LEONARDO-DE CASTRO
TO RULES 41, 45, 58 AND 65 OF THE RULES OF COURT
Section 1. Subject of appeal. An
appeal may be taken from a judgment or final order that completely
disposes of the case, or of a particular matter therein when declared
by these Rules to be appealable.
No appeal may be taken from:
1. An order denying a
petition for relief or any similar motion seeking relief from judgment;
In any of the foregoing circumstances, the
aggrieved party may file an appropriate special civil action as
provided in Rule 65.
2. An interlocutory
3. An order
disallowing or dismissing an appeal;
4. An order denying a
motion to set aside a judgment by consent, confession or compromise on
the ground of fraud, mistake or duress, or any other ground vitiating
5. An order of
6. A judgment or
final order for or against one or more of several parties or in
separate claims, counterclaims, cross-claims and third-party
complaints, while the main case is pending, unless the court allows an
appeal therefrom; and
7. An order
dismissing an action without prejudice.
Section 1. Filing of petition with Supreme
Court. A party desiring to appeal by certiorari from a judgment,
final order or resolution of the Court of Appeals, the Sandiganbayan,
the Court of Tax Appeals, the Regional Trial Court or other courts,
whenever authorized by law, may file with the Supreme Court a verified
petition for review on certiorari. The petition may include an
application for a writ of preliminary injunction or other provisional
remedies and shall raise only questions of law, which must be
distinctly set forth. The petitioner may seek the same provisional
remedies by verified motion filed in the same action or proceeding at
any time during its pendency.
Sec. 5. Preliminary injunction not granted
without notice; exception. No preliminary injunction shall be
granted without hearing and prior notice to the party or persons sought
to be enjoined. If it shall appear from facts shown by affidavits or by
the verified application that great or irreparable injury would result
to the applicant before the matter can be heard on notice, the court to
which the application for preliminary injunction was made, may issue ex
parte a temporary restraining order to be effective only for a period
of twenty (20) days from service on the party or person sought to be
enjoined, except as herein provided. Within the twenty-day period, the
court must order said party or person to show cause at a specified time
and place, why the injunction should not be granted. The court shall
also determine, within the same period, whether or not the preliminary
injunction shall be granted, and accordingly issue the corresponding
However, subject to the provisions of the
preceding sections, if the matter is of extreme urgency and the
applicant will suffer grave injustice and irreparable injury, the
executive judge of a multiple-sala court or the presiding judge of a
single-sala court may issue ex
parte a temporary restraining order effective for only seventy-two (72)
hours from issuance, but shall immediately comply with the provisions
of the next preceding section as to service of summons and the
documents to be served therewith. Thereafter, within the aforesaid
seventy-two (72) hours, the judge before whom the case is pending shall
conduct a summary hearing to determine whether the temporary
restraining order shall be extended until the application for
preliminary injunction can be heard. In no case shall the total period
of effectivity of the temporary restraining order exceed twenty (20)
days, including the original seventy-two hours provided herein.
In the event that the application for
preliminary injunction is denied or not resolved within the said
period, the temporary restraining order is deemed automatically
vacated. The effectivity of a temporary restraining order is not
extendible without need of any judicial declaration to that effect, and
no court shall have authority to extend or renew the same on the same
ground for which it was issued.
However, if issued by the Court of Appeals
or a member thereof, the temporary restraining order shall be effective
for sixty (60) days from service on the party or person sought to be
enjoined. A restraining order issued by the Supreme Court or a member
thereof shall be effective until further orders.
The trial court, the Court of Appeals, the
Sandiganbyan or the Court of Tax Appeals that issued a writ of
preliminary injunction against a lower court, board, officer, or
quasi-judicial agency shall decide the main case or petition within six
(6) months from the issuance of the writ.
Sec. 4. When and where to file the
petition. The petition shall be filed not later than sixty (60)
days from notice of the judgment, order or resolution. In case a motion
for reconsideration or new trial is timely filed, whether such motion
is required or not, the petition shall be filed not later than sixty
(60) days counted from the notice of the denial of the motion.
If the petition relates to an act or an
omission of a municipal trial court or of a corporation, a board, an
officer or a person, it shall be filed with the Regional Trial Court
exercising jurisdiction over the territorial area as defined by the
Supreme Court. It may also be filed with the Court of Appeals or with
the Sandiganbayan, whether or not the same is in aid of the courts
appellate jurisdiction. If the petition involves an act or an omission
of a quasi-judicial agency, unless otherwise provided by law or these
rules, the petition shall be filed with and be cognizable only by the
Court of Appeals.
In election cases involving an act or an
omission of a municipal or a regional trial court, the petition shall
be filed exclusively with the Commission on Elections, in aid of its
Sec. 7. Expediting proceedings; injunctive
relief. The court in which the petition is filed may issue orders
expediting the proceedings, and it may also grant a temporary
restraining order or a writ of preliminary injunction for the
preservation of the rights of the parties pending such proceedings. The
petition shall not interrupt the course of the principal case, unless a
temporary restraining order or a writ of preliminary injunction has
been issued, enjoining the public respondent from further proceeding
with the case.
The public respondent shall proceed with
the principal case within ten (10) days from the filing of a petition
for certiorari with a higher court or tribunal, absent a temporary
restraining order or a preliminary injunction, or upon its expiration.
Failure of the public respondent to proceed with the principal case may
be a ground for an administrative charge.
Sec. 8. Proceedings after comment is
filed. After the comment or other pleadings required by the court
are filed, or the time for the filing thereof has expired, the court
may hear the case or require the parties to submit memoranda. If, after
such hearing or filing of memoranda or upon the expiration of the
period for filing, the court finds that the allegations of the petition
are true, it shall render judgment for such relief to which the
petitioner is entitled.
However, the court may dismiss the petition
if it finds the same patently without merit or prosecuted manifestly
for delay, or if the questions raised therein are too unsubstantial to
require consideration. In such event, the court may award in favor of
the respondent treble costs solidarily against the petitioner and
counsel, in addition to subjecting counsel to administrative sanctions
under Rules 139 and 139-B of the Rules of Court.
The Court may impose motu proprio, based on res ipsa loquitur, other
disciplinary sanctions or measures on erring lawyers for patently
dilatory and unmeritorious petitions for certiorari.