ADMINISTRATIVE
CIRCULAR NO. 28
TO:
ALL
JUSTICES OF THE SANDIGANBAYAN, JUDGES OF THE REGIONAL TRIAL COURTS,
METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS
RE:
SUBMISSION
OF MEMORANDA.
In the
interest of
the speedy disposition of cases and to enable the courts to better
control
the progress of cases, the Supreme Court has adopted the following
rules
governing the submission of memoranda for purposes of deciding cases:chanrobles virtual law library
[1] As a
general
rule, the submission of memoranda is not mandatory or required as
a matter of course but shall be left to the sound discretion of the
Court.
A memorandum may not be filed unless required or allowed by the Court.
[2] The
Court may
require or allow the parties to submit their respective memoranda
including
citation of authorities within a definite date from submission of the
case
for decision but not exceeding thirty (30) days therefrom. This shall
cover
the filing of simultaneous memoranda or a memorandum in chief and a
reply
memorandum of the adverse party, in the discretion of the Court but in
no case may its filing exceed thirty (30) days from submission of the
case
for decision.cralaw:red
[3] A
case is considered
submitted for decision upon the admission of the evidence of the
parties
at the termination of the trial. The ninety (90) day period for
deciding
the case shall commence to run from submission of the case for decision
without memoranda; in case the Court requires or allows its filing, the
case shall be considered submitted for decision upon the filing of the
last memorandum or the expiration of the period to do so, whichever is
earlier. Lack of transcript of stenographic notes shall not be a valid
reason to interrupt or suspend the period for deciding the case unless
the case was previously heard by another judge not the deciding judge
in
which case the latter shall have the full period of ninety (90) days
for
the completion of the transcripts within which to decide the same.cralaw:red
[4] The
Court may
grant extension of time to file memoranda, but the ninety (90) day
period
for deciding the case shall not be interrupted thereby.cralaw:red
[5] The
foregoing
rules shall not apply to Special Criminal Courts under Circular No. 20
dated August 7, 1987, and to cases covered by the Rules on Summary
Procedure
in which memoranda are prohibited.cralaw:red
[6] This
Administrative
Circular shall take effect immediately.
Manila,
Philippines.
July 3, 1989.
[Sgd.]
MARCELO
B. FERNANChief
Justice |