Republic of the
Philippines
SUPREME
COURT
Manila
EN BANC
A.M. No. 07-7-12-SC
December 4, 2007
AMENDMENTS TO RULES 41, 45, 58
AND 65
OF THE RULES OF COURT
RESOLUTION
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. hanrobles virtual law l
This Resolution
shall take effect on December 27. 2007 following its publication in a
newspaper of general circulation. hanrobles virtual law l
December
4, 2007.
(Sgd.)
REYNATO S. PUNO
Chief
Justice
(Sgd.)
LEONARDO A.
QUISUMBING
Associate
Justice
(Sgd.)
CONSUELO
YNARES-SANTIAGO
Associate
Justice
(Sgd.)
ANGELINA
SANDOVAL-GUTIERREZ
Associate
Justice
(Sgd.)
ANTONIO T. CARPIO
Associate
Justice
(Sgd.)
MA. ALICIA
AUSTRIA-MARTINEZ
Associate
Justice
(Sgd.)
RENATO C. CORONA
Associate
Justice
(Sgd.)
CONCHITA CARPIO
MORALES
Associate
Justice
(Sgd.)
ADOLFO S. AZCUNA
Associate
Justice
(Sgd.)
DANTE O. TINGA
Associate
Justice
(ON OFFICIAL LEAVE)
MINITA V.
CHICO-NAZARIO
Associate
Justice
(Sgd.)
PRESBITERO J.
VELASCO JR.
Associate
Justice
(Sgd.)
ANTONIO EDUARDO B.
NACHURA
Associate
Justice
(Sgd.)
RUBEN T. REYES
Associate
Justice
(Sgd.)
TERESITA J. LEONARDO-DE CASTRO
Associate
Justice
AMENDMENTS TO RULES 41, 45, 58
AND 65
OF THE RULES OF COURT
RULE 41
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. hanrobles virtual law l
No appeal may be
taken from:
1. An order denying a petition
for relief or any similar motion seeking relief from judgment;
2. An interlocutory order;
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
consent; hanrobles virtual law l
5. An order of execution; hanrobles virtual law l
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 hanrobles virtual law l
7. An order dismissing an
action without prejudice.
In any of the
foregoing circumstances, the aggrieved party may file an appropriate
special civil action as provided in Rule 65.
RULE 45
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.
RULE 58
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 order.
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. hanrobles virtual law l
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.
RULE 65
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 appellate jurisdiction.hanrobles virtual law l
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. hanrobles virtual law l
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.hanrobles virtual law l
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.hanrobles virtual law l
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.
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