BAR
MATTER NO. 803[July
21, 1998]Re:
Correction of Clerical Errors in and Adoption ofAmendments
to the 1997 Rules of Civil Procedurewhich
were
Approved on April 8, 1997, Effective July 1, 1997.En
Banc
The Court resolved
to CORRECT the following provisions in the 1997 Rules of Civil
Procedure:
(a)
Section
3 of Rule 30; and (b)
Section
5 of Rule 71,
to read as follows:
Rule
30
SEC. 3.
Requisites of motion to postpone trial for absence of evidence. - A
motion to postpone a trial on the ground of absence of evidence can be
granted only upon affidavit showing the materiality or relevancy of
such
evidence, and that due diligence has been used to procure it. But
if the adverse party admits the facts to be given in evidence, even if
he objects or reserves the right to object to their admissibility, the
trial shall not be postponed. (4a, R22)
Rule
71
SEC.
5. Where
charge to be filed. - Where the charge for indirect contempt has
been
committed against the Regional Trial Court or a court of equivalent or
higher rank, or gainst an officer appointed by it, the charge may be
filed
with such court. Where such contempt has been committed against a
lower court, the charge may be filed with the Regional Trial Court of
the
place in which the lower court is sitting; but the proceedings may also
be instituted in such lower court subject to appeal to the Regional
Trial
Court of such place in the same manner as provided in Section 11 of
this
Rule. (4a)
The Court further resolved
to AMEND the following provisions in the 1997 Rules of Civil
Procedure:
(a)
Section
3 of Rule 46; and (b)
Section
4 of Rule 65,
to read as follows:
Rule
46
SEC. 3.
Contents and filing of petition; effect of non-compliance with
requirements.
- The petition shall contain the full names and actual addresses
of
all the petitioners and respondents, a concise statement of the matters
involved, the factual background of the case, and the grounds relied
upon
for the relief prayed for.
In
actions filed
under Rule 65, the petition shall further indicate the material dates
showing
when notice of the judgment or final order or resolution subject
thereof
was received, when a motion for new trial or reconsideration, if any,
was
filed and when notice of the denial thereof was received.
It shall
be filed
in seven (7) clearly legible copies together with proof of service
thereof
on the respondent with the original copy intended for the court
indicated
as such by the petitioner, and shall be accompanied by a clearly
legible
duplicate original or certified true copy of the judgment, order,
resolution,
or ruling subject thereof, such material portions of the record as are
referred to therein, and other documents relevant or pertinent
thereto.
The certification shall be accomplished by the proper clerk of court or
by his duly authorized representative, or by the proper officer of the
court, tribunal, agency or office involved or by his duly authorized
representative.
The other requisite number of copies of the petition shall be
accompanied
by clearly legible plain copies of all documents attached to the
original.
The
petitioner shall
also submit together with the petition a sworn certification that he
has
not theretofore commenced any other action involving the same issues in
the Supreme Court, the Court of Appeals or different divisions thereof,
or any other tribunal or agency; if there is such other action or
proceeding,
he must state the status of the same; and if he should thereafter learn
that a similar action or proceeding has been filed or is pending before
the Supreme Court, the Court of Appeals, or different divisions
thereof,
or any other tribunal or agency, he undertakes to promptly inform the
aforesaid
courts and other tribunal or agency thereof within five (5) days
therefrom.
The
petitioner shall
pay the corresponding docket and other lawful fees to the clerk of
court
and deposit the amount of P500.00 for costs at the time of the filing
of
the petition.
The
failure of the
petitioner to comply with any of the foregoing requirements shall be
sufficient
ground for the dismissal of the petition. (n)
Rule
65
SEC. 4.
Where and when petition to be filed.- The petition may be filed
not
later than sixty (60) days from notice of the judgment, order or
resolution
sought to be assailed in the Supreme Court or, if it relates to the
acts
or omissions of a lower court or of a corporation, board, officer or
person,
in the Regional Trial Court exercising jurisdiction over the
territorial
area as defined by the Supreme Court. It may also be filed in the
Court of Appeals whether or not the same is in aid of its appellate
jurisdiction,
or in the Sandiganbayan if it is in aid of its jurisdiction. If
it
involves the acts or omissions of a quasi-judicial agency, and unless
otherwise
provided by law or these Rules, the petition shall be filed in and
cognizable
only by the Court of Appeals.
If the
petitioner
had filed a motion for new trial or reconsideration in due time after
notice
of said judgment, order or resolution, the period herein fixed shall be
interrupted. If the motion is denied, the aggrieved party may
file
the petition within the remaining period, but which shall not be less
than
five (5) days in any event, reckoned from notice of such denial.
No extension of time to file the petition shall be granted except for
the
most compelling reason and in no case to exceed fifteen (15) days. (4a)
The foregoing amendments
to Section 3 of Rule 46 and Section 4 of Rule 65 after due publication
in two (2) newspapers of general circulation, shall take effect on
September
1, 1998. Very
truly yours,[Sgd.]
LUZVIMINDA
D. PUNOClerk
of Court |