Pursuant to the provisions of Section 12
of Batas Pambansa Blg. 129, otherwise known as the Judicial
Reorganization Act of 1980, as amended, the Court of Appeals, sitting
en banc, and with the approval of the Honorable Supreme Court, hereby
adopts and promulgates the following Rules to be known as the 1999
Internal Rules of the Court of Appeals (IRCA):chan robles virtual law library
RULE I
ORGANIZATIONAL SET-UP
Section 1. Composition of the Court. — Unless otherwise provided by
law, the Court of Appeals shall be composed of a Presiding Justice and
sixty-eight (68) Associate Justices who shall sit in twenty-three (23)
Divisions of three (3) Justices each. The members of the Court are
classified into three (3) groups according to their seniority or
precedence. The twenty-three most senior members shall be the Chairmen
of the Divisions unless any of them declines in writing to be the
Chairman of a Division, in which case, the senior member next-in-rank
and willing shall be designated by the Presiding Justice as Chairman of
said Division. The twenty-three (23) members next in precedence shall
compose the senior members of the Divisions and the rest shall be
junior members.chanrobles virtual law library
In no case shall there be any diminution in the rank of Justices. (R. A. 8246)
chan robles virtual law library
When a senior member is designated to act as Chairman of any Division,
he shall be an "Acting Chairman". In like manner, a junior member
designated to act as Senior Member of any Division shall be an "Acting
Senior Member."
Sec. 2. Stations and Place of Holding Sessions. —chanroblesvirtualawlibrary
a. Unless otherwise provided by law, the Court shall have its
permanent stations as follows: the first seventeen (17) Divisions in
Manila, for cases coming from the first to fifth judicial regions; the
eighteenth, nineteenth and twentieth Divisions in Cebu City, for cases
coming from the sixth, seventh, and the twenty-first, twenty-second and
twenty-third Divisions in Cagayan de Oro City, for cases coming from
the ninth, tenth, eleventh and twelfth judicial regions (R. A. 8246)
b. Whenever demanded by public interest or justified by an increase in
caseload, the Supreme Court, upon its initiative or upon recommendation
of the Presiding Justice, may authorize any Division of the Court to
hold sessions at such places and for such period as the Supreme Court
may determine, for the purpose of hearing and deciding cases.chanrobles virtual law library
c. Trials or hearings in the Court must be continuous and completed
within three (3) months, unless extended by the Chief Justice of the
Supreme Court. (Sec. 1,R. A. 8246)
Sec. 3. Presiding Officers. — The Court sitting en banc shall be
presided by the Presiding Justice, or in his absence or unavailability,
by the most senior Justice in attendance. When sitting in Divisions,
the Court shall be presided by the Chairman, or in case of his absence
or unavailability, by the senior member of the Division, except in
substitution, in which case, the most senior Justice shall be the
Acting Chairman.chanrobles virtual law library
Sec. 4. Quorum and Voting in Sessions. —
a. A majority of the present membership of the Court (excluding those
on leave) shall constitute a quorum for its session en banc. The
affirmative vote of a majority of those in attendance shall be
necessary to approve any matter submitted for its consideration.chanrobles virtual law library
b. The presence of all members of a Division shall constitute a quorum
and their unanimous vote shall be necessary for the pronouncement of a
decision or resolution. In case of failure to have a unanimous vote, a
Special Division of five members shall be constituted in the manner
provided in Section 6 hereof.chanrobles virtual law library
Sec. 5. Reorganization of Divisions. —
a. Reorganization of the Divisions shall be effected whenever a
permanent vacancy occurs in the chairmanship of any Division. The
assignment of Justices to the Divisions shall be in accordance with the
order of seniority of the members of the Court.chanrobles virtual law library
b. Should appointments to the Court require the creation of a new
Division or Divisions, the rule of seniority shall be observed in the
constitution of the membership thereof.chanrobles virtual law library
c. A permanent vacancy in the ranks of the junior members shall be
filled by the most junior member of the Court as acting junior member
of the Division where the vacancy exists pending the reorganization of
the Divisions, in addition to his duties as regular junior member of
his current Division. (Sec. 5, Rule 1, Revised Internal Rules of the
Court of Appeals (RIRCA).chanrobles virtual law librarychan robles virtual law library
Sec. 6. Division of Five. — Whenever the members of a Division fail to
reach a unanimous vote, its chairman shall direct the Raffle Committee
to designate by raffle two (2) additional members of the Court to
constitute a Special Division of five (5). The selection of the two (2)
additional members shall be on a rotation basis. The concurrence of a
majority shall be necessary for the pronouncement of a decision or
resolution. (n)
Sec. 7. Rule on Precedence. — The Presiding Justice enjoys precedence
over all the other members of the Court in all official functions. The
Associate Justices shall have precedence according to the order of
their appointments as officially transmitted to the Court by the
Supreme Court. (Sec. 7, Rule 1, RIRCA)
Sec. 8. Application of the Rule on Precedence. — The rule on precedence shall be applied in the following instances:
(a) In case of vacancy in the office of the Presiding Justice or in
his absence or inability to perform the powers, functions and duties of
his office, the Associate Justice who is first in precedence shall
perform his powers, functions, and duties as Acting Presiding Justice
until such disability is removed or another Presiding Justice is
appointed and has qualified;
(b) In the determination of the chairmanship of the Divisions;
(c) In the seating arrangement of the Justices in all official functions;
(d) In the choice of supporting personnel and other employees;
(e) In the choice of office space, facilities, equipment, vehicles,
and cottages: Provided, that the right of choice shall be limited to
Justices who have taken their oaths and assumed office. (Sec. 8, Rule
1, RIRCA)
Sec. 9. Non-application of the Rule on Precedence. — No precedence in
rank shall be observed in social and other non-official functions. The
rule on precedence shall not be applied in the assignment of cases
amount of compensation, allowances or other forms of remuneration
except in the case of the Presiding Justice or whoever is acting in his
place, the Chairmen of the Divisions and in the payment of longevity
pay. (Sec. 9, Rule 1, RIRCA)
Sec. 10. Appointment of New Justices and Distribution of Cases. —
Whenever new Justices are appointed and there are not enough cases to
be assigned to them, the Presiding Justice shall determined the number
of cases to be unloaded by each Justice, and the number to be assigned
to each of the new Justices, taking into account the number of years
the cases have been pending in the Court and the number of cases
pending with each Justice at the time of such of cases to be
distributed evenly among the new Justices. (Sec. 10, Rule 1, RIRCA)
Sec. 11.Inventory. — Whenever a Justice retires, resigns, dies or
transfers to another office or otherwise ceases to be a member of the
Court, his private secretary shall, within fifteen days therefrom,
submit to the Presiding Justice a complete inventory of all cases
assigned to him, copy furnished the Clerk of Court, the Judicial
Records Division and the Raffle Committee. The private secretary shall
forward the records of said cases to the Judicial Records Division
Sec. 12.Court Officials and Their Duties. —
a. Clerk of Court — The Clerk of the Court is the administrative
officer of the Court. He shall be under the direct supervision of the
Presiding Justice and is accountable to the Court. He shall take charge
of the administrative operations of the Court and exercise general or
administrative supervision over subordinate officials and employees,
except the co-terminus staff. He shall assists the Presiding Justice in
the formulation of programs and policies for the consideration of the
Court en banc.chanrobles virtual law library
b. Assistant Clerk Court — The Assistant Clerk of Court shall assist
the Clerk of Court in the performance of his duties and functions and
perform such other duties and functions as the Presiding Justice or the
Clerk of Court may assign to him. In case of vacancy in the position of
the Clerk of Court, or in his absence or capacity, the Assistant Clerk
of Court shall act as Clerk of Court shall act as Clerk of Court until
the latter reports for duty or his successor shall have been appointed
and qualified.chanrobles virtual law library
c. Division Clerk of Court — Each Division of the Court shall be
assisted by a staff composed of one (1) Division Clerk of Court
(Executive Clerk of Court II), one (1) Assistant Division Clerk of
Court (Executive Clerk of Court I) and such personnel as the exigencies
of the service may warrant. The Division Clerk of Court and his staff
shall be under the direct control and supervision of the Chairman of
the Division.chanrobles virtual law library
The Division Clerk of Court shall:
(1) Among other duties and responsibilities, direct and supervise the
staff of the Division; maintain the records of the Division in an
orderly manner; keep track of the status and progress of cases assigned
to the Division; monitor papers, pleadings, motion, etc. filed with the
Receiving Section in connection with any pending case; update the
records of all cases; examine the records of cases to be acted upon by
the Division both in the completion process and decisional stage, such
as but not limited to payment of docket and other legal fees, filing of
briefs, memoranda and other legal papers within the allowable periods;
prepare the agenda of motions and other incidents for action by the
Division; issue minute resolutions, notices of decisions, resolutions
and hearings, summons, subpoenas, writs and other processes under the
authority of the Division; attend the hearings of the Division,
supervise the stenographers in the recording of the proceedings, and
prepare the minutes thereof; receive the decisions and resolutions of
the Division for promulgation; and make entries of judgment; and
(2) Immediately report to the Justice assigned to study the case the
failure of any party or parties to comply with any resolution or order
of the Court within the period prescribed therefor. (Sec. 11, Rule 1,
RIRCA)
d. Court Reporter — The Reporters shall:cralaw:red
(1) Keep custody of the original copies of the decisions and final
resolutions of the Court; cause the binding of the same in separate
volumes; have supervision and control over his staff; distribute to the
Justices copies of apparently conflicting decisions of the Court of
which they should be apprised;
(2) Publish, with the consent of the ponente, in the Official Gazette
and in the Court of Appeals Reports the decisions and final resolutions
together with their syllabi in consultation with the ponente;
(3) Prepare, syllabi of all decision and final resolutions of the Court
that have become final and executory and distribute them to all members
of the Court; (Sec. 11, Rule 1, RIRCA)
(4) Prepare and publish with each reported judgment and final
resolution a concise synopsis of the facts necessary for a clear
understanding of the case, the names of counsel, the material and
controverted points involved, the authorities cited therein, and a
syllabus which shall be confined to points of law; and
(5) Prepare memoranda of all unpublished judgments and final
resolutions and publish the same in the Official Gazette and the Court
of Appeals Reports. (Secs. 1 and 2, Rules 55, 1997 Rules of Civil
Procedure [RCP])
Original copies of decisions and resolutions shall not be taken out of
the premises of the Court without the written authority of the
Presiding Justice. (Sec. 11, Rule 1, RIRCA)
Each volume of the Court of Appeals Reports shall contain a table of
the cases reported and the cases cited in the opinions, with a complete
alphabetical index of the subject matters of the volume. It shall
consist of not less than seven hundred pages printed upon good paper,
well bound and numbered consecutively in the order of the volumes
published. (Sec. 3, Rule 55, RCP)
Certified copies of decisions and resolutions of the Court shall be
released only upon written request, payment of the proper fees and
presentation of the corresponding receipt to the Court Reporter.chanrobles virtual law library
The Division Clerks of Court must transmit the original and two (2)
copies of decision and resolution to the Court Reporter within
twenty-four (24) hours from promulgation.chanrobles virtual law library
Sec. 13. .Appointment of Court Officials and Other Employees. — The
Clerk of Court, Assistant Clerk of Court, Division Clerks of Court and
Court Reporter shall be recommended by the Court en banc for
appointment by the Supreme Court. All other personnel of the Court
shall be recommended by the Presiding Justice. Upon receipt of the
Supreme Court resolution appointing said officials and employees, the
Presiding Justice shall immediately execute and issue to the appointee
the corresponding commissions evidencing the appointment.chanrobles virtual law library
The appointee may then take his oath of office and perform his duties and responsibilities.chanrobles virtual law library
No recommendee shall assume the duties of the position to which he is
recommended for appointment before the issuance of his appointment,
except in meritorious cases and with the prior approval of the Chief
Justice.chanrobles virtual law library
For purposes of the Civil Service Law, the Commission shall serve as
the appointment paper of the appointee and a copy thereof shall then be
forwarded to the Civil Service Commission together with all other
supporting papers.chanrobles virtual law library
All resignations, from office shall be submitted to the Supreme Court. (Sec. 12, Rule 1, RIRCA)
RULE 2
JURISDICTION AND POWERS OF THE COURT
Section 1. Exercise of Powers and Functions. — The Court shall exercise
its adjudicatory powers, functions and duties through its twenty-three
(23) divisions. It sits en banc for the exercise of administrative,
ceremonial and non-adjudicatory functions. (R. A. 8246 and Sec. 1, Rule
2, RIRCA)chan robles virtual law library
Sec. 2. Matters Cognizable by the Court En Banc. — The Court shall sit in en banc to, among other things:
(a) Promulgate rules relative to the organization or reorganization of
the Divisions of the Court, assignment of the Justices, distribution of
cases, and other matters concerning the operation and management of the
Court and its Divisions;
(b) Act on administrative matters, including the regrouping, merger or
abolition of existing offices, units or services, the creation of new
ones, or the transfer of functions of one office, unit or service to
another as the exigencies of the service may require;
(c) Adopt uniform administrative measure; procedures, and policies for
the protection and preservation of the integrity of the judicial
processes, the speedy disposition of cases, and the promotion of
efficiency of the personnel;
(d) Discuss and thresh out divergent views on any particular question
of law so as to reach a consensus thereon or to minimize, if not
completely avoid, conflict of decisions and resolutions of the
different Divisions of the Court on the interpretation and application
of any question or provision of law;
(e) Take up other administrative matters which the Presiding Justice or
any member may suggest for consideration and inclusion in its agenda;
(f) Recommend to the Supreme Court the appointment of the Clerk of
Court, Assistant Clerk of Court, Court Reporter and Division Clerks of
Court; and
(g) Receive foreign and local dignitaries, important guests and
visitors, honor a colleague or retiring member of the Court, hold
necrological services for its members who die in office, and honor
members who die after retirement. (Sec. 2, Rule 2, RIRCA)
Sec. 3. Jurisdiction and Manner of Exercise of Adjudicatory Powers of
the Court by Divisions. — In the exercise and discharge of the
adjudicatory powers, functions and duties of the Court, the Divisions
concerned may hold sessions in chambers.chanrobles virtual law library
Unless otherwise provided by law or the Rules of Court, the Court shall have:
(a) Original jurisdiction to issue writs of mandamus, prohibition,
certiorari, habeas corpus, and quo warranto, and other ancilliary writs
or processes whether or not in aid of its appellate jurisdiction;
(b) Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts;
(c) Exclusive appellate jurisdiction over all other final judgments,
decisions, resolutions, orders or awards of Regional Trial Courts and
quasi-judicial agencies, boards, commissions or offices not falling
within the exclusive jurisdiction of the Supreme Court or other
tribunals;
(d) Authority to receive other evidence and perform acts necessary for
the resolution of factual issues raised in cases falling within its
original and appellate jurisdiction;
(e) Authority to receive newly discovered evidence relied upon by the
movant in cases within its appellate jurisdiction wherein new trial has
been granted by the Court;chan robles virtual law library
(f) The power to —
(1) Decide cases or resolve incidents deliberated upon by its members;
(2) Cite and punish for contempt any person guilty of any contumacious
act against the Court, its Division or any member thereof in connection
with a case cognizable by the Division;
(3) Decide whether or not to give due course to original petitions, including petitions for review; and
(4) Subject to constitutional and statutory requirements, adopt its own
rules in the conduct of hearings, preparation of agenda, determination
of cases and incidents and rendition of decisions or resolutions. (Sec.
3, Rule 2, RIRCA)
RULE 3
FILING, RAFFLE, ASSIGNMENT AND CONSOLIDATION OF CASES;
DISPOSITION OF INTERLOCUTORY MATTERS
Section 1. Case Control. — The members of the Court shall supervise and
control the flow of cases from the time they are filed up to the time
they are remanded to the courts to the courts or agencies of origin to
ensure their speedy disposition. (Sec. 1, Rule 3, RIRCA)
Sec. 2. Form —
a. Pleadings, motions or other papers shall conform with the provisions
of the Rules of Court on matters of form and indicate the dates and
places of issue of receipts for payment of privilege tax and IBP annual
dues of counsel. Motions shall not contain a notice of hearing. (Sec.
11, Rule 13, RIRCA)
b. Proof of service of such pleadings, motions or other papers on the
adverse party or parties must be shown therein. If not served
personally, there must be a written explanation why the personal
service was not done. (Sec. 11, Rule 13, RCP)
c. Motions for extension shall state the material dates showing their timeliness; otherwise, they shall be denied.chanrobles virtual law library
Sec. 3. Modes of Filing. —
a. Pleadings, motions or other papers may be filed with the Court either by personal delivery or by registered mail.chanrobles virtual law library
b. If filed personally, the pleadings, motions or other papers shall be
deemed filed with the Court on the date and hour stamped on the face
thereof by the Receiving Section of the Court.chanrobles virtual law library
c. If filed by registered mail, the pleadings, motions, or other papers
shall be deemed filed on the date of mailing stamped by the post office
of origin.chanrobles virtual law library
Sec. 4. Other Modes of Filing. —
a. Pleadings, motions or other papers may also be filed by ordinary
mail, speed mail, private messengerial service, or by any mode other
than personal delivery or registered mail, as may be allowed by law.chanrobles virtual law library
b. Pleadings, motions or other papers filed through any of the modes
under the preceding paragraph shall be deemed filed on the date and
time are actually received by the Court.chanrobles virtual law library
Sec. 5. Manner of Filing; Duty of the Receiving Section. —
a. Pleadings, motions or other papers shall be filed with the Receiving
Section of the Court and not with the Justices or Division Clerks of
Court.chan robles virtual law library
b. Upon receipts of pleadings, motions or other papers filed by
personal delivery, the Receiving Section shall promptly and legibly
stamp on the first page thereof the exact date and hour they were
received by the Court.chanrobles virtual law library
c. If the filing is by registered mail, the Receiving Section shall
legibly stamp or indicate on the first page of the pleading, motion or
other papers the date of actual receipt by the Court and the fact that
the same were received by registered mail. The corresponding envelope
or portion thereof showing the date of mailing and registry stamp shall
be attached to the rollo.chanrobles virtual law library
d. Where the filing is by any of the modes under Section 4 [a] hereof,
the date and time of receipt shall be stamped by the receiving clerk on
the first page of the pleadings, motions, or other papers and on the
envelope containing the same, and signed by him.chanrobles virtual law library
Sec. 6. Raffle of Cases. — Assignment of cases to a particular Justice
shall be done strictly by raffle, whether it be the first raffle for
completion of records or the second raffle for study and report,
subject to the following rules:
(a) All appealed cases for completion shall be raffled to individual Justices;
(b) All appealed cases, the records of which have been completed, shall
be re-raffled for assignment to a Justice for study and report;
(c) Special cases or petitions, including petitions for review under
Rules 42 and 43 of the Rules of Court, annulment of judgments under
Rule 47, special civil actions under Rules 65 and 66, special
proceedings under Rules 71 and 102 of said Rules, and all other
petitions, shall be raffled to a Justice for completion, study and
report; and
(d) When a Justice to whom a case is raffled cannot, for any cause or
reason, act thereon, the case shall be re-raffled. (Sec. 5, Rue 3,
RIRCA)
Sec. 7. Raffle Procedure. —chan robles virtual law library
a. The raffle of cases shall be open to the public and conducted daily at 10:30 a.m., except in special raffle.chanrobles virtual law library
b. The raffle of cases shall be conducted by the Raffle Committee
composed of the Justices of a Division chosen for the day which shall
choose by Raffle the Raffle Committee for the following day. The staff
of the committee shall be designated by the Presiding Justice for one
year, unless sooner changed.chanrobles virtual law library
c. To assure equality in the number and nature of cases assigned to
each Justice, separate listings shall be made of cases falling under
the following categories: (1) appealed civil cases; (2) appealed
criminal cases; (3) appealed criminal cases with detention prisoners;
(4) habeas corpus cases; (5) labor cases; (6) agrarian cases; (7) Civil
Services Commission and Ombudsman cases; (8) other petitions; and (9)
cases involving substitution of a ponente, or requiring the temporary
designation of a Justice or Justices to fill a temporary vacancy, or
calling for the creation of a Division of five.chanrobles virtual law library
d. All requests for substitution and notices of inhibition shall be attached to the rollo.chanrobles virtual law library
e. No special raffle shall be counted except on grounds of urgent
necessity and only when authorized in writing by the Presiding Justice
or in his absence or unavailability, by the most senior Justice
present. The special raffle shall be conducted by the Raffle Committee
for the day or by any its members present; otherwise, the Presiding
Justice himself shall conduct the raffle or may assign another Justice
to do so. No special raffle shall be conducted after office hours.chanrobles virtual law library
f. The Raffle Staff shall furnish the Justices with the results of the raffle not later than the following working day.chanrobles virtual law library
g. Upon retirement or cessation from office of a Justice, his pending
cases shall be re-raffled within three (3) months, unless otherwise
directed by the Presiding Justice, to the other Justices, except in
those cases contemplated in Section 3 (e), Rule 12 hereof, which shall
be re-raffled between the remaining Justices of the Division who
participated therein.chanrobles virtual law library
h. Whenever a Justice goes on leave, or three (3) months before he
retires, he shall be exempt from the raffle of cases. (Sec. 6, Rule 3,
RIRCA)
Sec. 8. Consolidation of Cases. — Whenever related cases are assigned
to different Justices, they may be consolidated and assigned to a
single Justice.chanrobles virtual law library
a. At the instance of any party of Justice to whom the case is
assigned, and with the conformity of all the Justices concerned, the
consolidation may be allowed when the cases involve the same parties
and/or related questions of fact and/or law.chanrobles virtual law library
b. Consolidated cases shall pertain —
(1) To the Justice to whom the case with the lowest docket number had been assigned, if they are of the same kind;
(2) To the Justice to whom the criminal case with the lowest docket
number had been assigned, if one or more of the cases are criminal and
others or others are or special;
(3) To the Justice to whom the civil case is assigned or to the Justice
to whom the civil case with the lowest docket number had been assigned,
if the cases involved are purely civil and special cases.chanrobles virtual law library
c. The Justice to whom the consolidated cases are may transfer to the
Justice from whom the consolidated case or cases have been taken, a
case or cases of his own in exchange for those assigned to him. The
case given in exchange should as much as possible be of the same kind
and have the same status as the one being replaced. However, a case
which had already been given due course, or in which a temporary
restraining order or preliminary injunction had been granted, or a
hearing had been conducted, should not be given in exchange of
consolidated cases.chanrobles virtual law library
d. Notice of the consolidation and replacement shall be given to the
Raffle Staff and the Judicial Records Division. (Sec. 7, Rule 3, RIRCA)
Sec. 9. Action by the Presiding Justice. — When a petition includes an
application for writ of habeas corpus, or a temporary restraining
order, or involves any other urgent matter and there is no way to
convene the Raffle Committee or call any of its members, the Presiding
Justice may act on such matter, subject to a raffle on the next working
day in accordance with Section 7 of this Rule.chanrobles virtual law library
Sec. 10. Action by a Justice. — The following may be acted upon by the Justice to whom the case is assigned.chanrobles virtual law library
(a) Motions for bail;
(b) Motions or applications for temporary restraining order and other auxiliary writs;
(c) Motions for extension of time to file petitions for review;
(d) Motions for extensions of time to file briefs, answers, replies comments, oppositions and memoranda; and
(e) Motions to set a case for preliminary conference, hearing or oral arguments. (Sec. 9, Rule 3, RIRCA)
Sec. 11. Absence of the Assigned Justice. — When the Justice to whom a
case is assigned is absent or unavailable, the motions enumerated in
the preceding section may be acted upon by the Chairman or in his
absence, by the other member of the Division. If all the members of the
Division are absent, any application for a writ of habeas corpus or a
temporary restraining order shall be referred to the Presiding Justice
for appropriate action. (Sec. 10, Rule 3, RIRCA)
Sec. 12. Action by the Division. — The following shall be considered and acted upon by the Division:
(a) All matters not mentioned in the two preceding sections of this Rule; and
(b) Motions for reconsideration of the action taken by a Justice or a Division Clerk of Court. (Sec. 11, Rule 3, RIRCA)
Sec. 13. Action by Division Clerks of Court. — The Division Clerks of
Court may, upon written authority of the Chairman and the members of
the Division, perform the following:
(a) To grant extension of time to file briefs which shall not exceed a
total of sixty (60) days for both the appellant and the appellee, and
reply brief which shall not exceed a total of fifteen (15) days;
(b) To grant extensions of time to file answer, comment, reply,
opposition, memoranda, when allowed by law, which shall not exceed the
original period;
(c) To grant leave to correct typographical errors in briefs, pleadings, petitions, motions and other papers;
(d) To require service of copies of briefs, pleadings, motions or other
papers upon the adverse parties and proof of service of briefs,
pleadings, motions and other papers;
(e) To inform a party to comply with Rule 45 of the Rules of Court when
notice of appeal of the decision of this Court to the Supreme Court has
been improperly filed with this Court;
(f) To declare and notify the parties that their case has been
submitted for study and report after the filing of, or upon the
expiration of the period to file, the appellee's brief or the reply
brief; Provided, however, that there is proof that the adverse party
had been served with the required number of copies of the appellant's
brief or the appellee's brief;
(g) To enter judgment upon the finality of the decision or resolution;
(h) To require the parties to submit the required number of copies of their pleadings;
(i) to require submission of missing transcripts of stenographic notes,
exhibits or other material portions in the original record as reported
by the Judicial Records Division; and
(j) To act any other matters assigned to him. (Sec. 8, Rule 3, RIRCA)
Sec. 14. Procedure in the Disposition of Pleadings, Motions, or Other Papers. —
a. All pleadings, motions or other papers filed with the Receiving
Section of the Judicial Records Division shall be entered in the docket
book and shall be attached properly to the rollo of the case, paged
consecutively and thereafter forwarded to the Division Clerk of Court
concerned within two (2) working days.chanrobles virtual law library
b. If the pleadings, motions or other papers do not fall within the
authority of the Division Clerk of Court to act upon, he shall cause an
agendum thereof to be submitted to the Division concerned within three
(3) working days from the time the rollo, together with the pleadings,
motions or other papers were received in his office.chanrobles virtual law library
c. The Division Clerk of Court shall state in the agendum, with page
references, the antecedents of the case which are necessary for the
understanding of the matter, a synopsis of the motion or incident and
of the opposition thereto, if any, the issues involved and his remarks
or recommendation. (Sec. 12, Rule 3, RIRCA)
RULE 4
PROCEDURE IN ORDINARY APPEALS IN CIVIL CASES
Section 1. How Taken. — The appeal to the Court in cases decided by the
Regional Trial Court in the exercise of its original jurisdiction shall
be taken by filing a notice of appeal with the court which rendered the
judgment or final order appealed from and serving a copy thereof upon
the adverse party. No record on appeal shall be required except in
special proceedings and other cases of multiple or separate appeals
where the law or the Rules of Court so require. In such cases, the
record on appeal shall be filed and served in like manner. (Sec. 2(a),
Rule 41, RCP)
Sec. 2. Title of Cases. — In all cases appealed to the Court under Rule
41 of the Rules of Court, the title of the case shall remain as it was
in the court of origin, but the party appealing the case shall be
further referred to as the appellant and the adverse party as the
appellee. (Sec. 1, Rule 44,RCP)
Sec. 3. Period of Ordinary Appeal. — The appeal shall be taken within
fifteen (15) days from notice of the judgment or final order appealed
from. Where a record on appeal is required, the appellant shall file a
notice of appeal and a record on appeal within thirty (30) days from
notice of the judgment or final order. (Sec. 3, Rule 41,RCP)
The period of appeal shall be interrupted by a timely motion for new
trial or reconsideration. No motion for extension of time to file a
motion for new trial or reconsideration shall be allowed. (Sec. 3, Rule
41,RCP)
Sec. 4. Appellate Court Docket and Other Lawful Fees. —
a. Within the period for taking an appeal, the appellant shall pay to
the clerk of the court which rendered the judgment or final order
appealed from, the full amount of the appellate court docket and other
lawful fees. Proof of payment of said fees shall be transmitted to this
Court together with the original record or the record on appeal. (Sec.
4, Rule 41, RCP)
b. Failure to pay said fees on time is ground for dismissal of the appeal (Sec. 1 (c), Rule 50, RCP)
Sec. 5. Counsel and Guardians. — The counsel and guardians ad litem of
the parties in the court of origin shall be respectively considered as
their counsel and guardians ad litem in this Court. When others appear
or are appointed, notice thereof shall be served immediately on the
adverse party and filed with the Court. (Sec. 2, Rules 44, RCP)
Sec. 6. Transmittal. — The clerk of the trial court shall transmit to
the Court the original record or the approved record on appeal within
thirty (30) days from the perfection of the appeal, together with the
proof of payment of the appellate court docket and other lawful fees, a
certified true copy of the minutes of the proceedings, the order of
approval, the certificate of correctness, and the original documentary
evidence referred to therein and three (3) copies of the transcripts.
Copies of the transcripts and certified true copies of the documentary
evidence shall remain in the lower court for the examination of the
parties. (Sec. 12, Rule 41, RCP)
Sec. 7. Docketing of Case. — Upon receiving the original record or the
record on appeal and the accompanying documents and exhibits
transmitted by the lower court, as well as the proof of payment of the
docket and other lawful fees, the Judicial Records Division shall
docket the case and notify the parties thereof. (Sec. 4, Rule 44, RCP)
Sec. 8. Completion of Record. — Where the record of the docketed case
is incomplete, the Judicial Records Division shall so inform the court
of origin and recommend to it measures necessary to complete the
record. The court of origin shall take appropriate action towards the
completion of the record within the shortest possible time. (Sec. 5,
Rule 44, RCP)
Sec. 9. Dispensing With Complete Record. — Where the completion of the
record could not be accomplished within a sufficient period allotted
for said purpose due to insuperable or extremely difficult causes, the
Court, on its own motion or on motion of any of the parties, may
declare that the record and its accompanying transcripts and exhibits
so far available are sufficient to decide the issues raised in the
appeal, and shall issue an order explaining the reason for such
declaration. (Sec. 6, Rule 44, RCP)
Sec. 10. Appellant's Brief. — It shall be the duty of the appellant to
file with the Court, within forty-five (45) days from receipt of the
notice of the clerk that all the evidence, oral and documentary, are
attached to the record, seven (7) copies of his legibly typewritten,
mimeographed or printed brief, with proof of service of two (2) copies
thereof upon the appellee. (Sec. 7, Rule 44, RCP)
Sec. 11. Appellee's Brief. — Within forty-five (45) days from receipt
of the appellant's brief, the appellee shall file with the Court seven
(7) copies of his legibly typewritten, mimeographed or printed brief,
with proof of service of two (2) copies thereof upon the appellant.
(Sec. 8, Rule 44, RCP)
Sec. 12. Appellant's Reply Brief. — Within twenty (20) days from
receipt of the appellee's brief, the appellant may file a reply brief
answering points in the appellee's brief not covered in his main brief.
(Sec. 9, Rule 44, RCP)
Sec. 13. Several Appellants or Appellees or Several Counsel for Each
Party. — Where there are several appellants or appellees, each counsel
representing one or more but not all of them shall be served with only
copy of the brief. When several counsel represent one appellant or
appellee, copies of the brief may be served upon any of them. (Sec. 11,
Rule 44, RCP)
Sec. 14. Extension of Time for Filing Brief. — Extension of time for
the filing of brief will not be allowed, except for good and sufficient
cause, and only if the motion for extension is filed before the
expiration of the time sought to be extended. (Sec. 12, Rule 44, RCP)
Sec. 15. Contents of Appellant's Brief. — The appellant's brief shall contain, in the order herein indicted, the following:
(a) A subject index of the matter in the brief with a digest of the
arguments and page references, and a table of cases alphabetically
arranged, textbooks and statutes cited with references to the pages
where they are cited;
(b) An assignment of errors intended to be urged, which errors
shall be separately, distinctly and concisely stated without repetition
and numbered consecutively;
(c) Under the heading "Statement if the Case", a clear and concise
statement of the nature of the action, a summary of the proceedings,
the appealed rulings and orders of the Court, the nature of the
judgment and any other matters necessary to an understanding of the
nature of the controversy, with page references to the record;
(d) Under the heading "Statement of Facts", a clear and concise
statement in a narrative form of the facts admitted by both parties and
of those in controversy, together with the substance of the proof
relating thereto in sufficient detail to make it clearly intelligible,
with page references to the record;
(e) A clear and concise statement of the issues of fact or law to be submitted to the Court for its judgment;
(f) Under the heading "Argument", the appellant's arguments on each
assignment of error with page references to the record. The authorities
relied upon shall be cited by the page of the report at which the case
begins and the page of the report on which the citation is found;
(g) Under the heading "Relief", a specification of the order or judgment which the appellant seeks; and
(h) In cases not brought up by the record on appeal, the
appellant's brief shall contain, as an appendix, a copy of the judgment
or final order appealed from. (Sec. 13, Rule 44, RCP)
Sec. 16. Contents of Appellee's Brief. — The appellee's brief shall contain, in the order herein indicated, the following:
(a) A subject index of the matter in the brief with a digest of the
arguments and page references, and a table of cases alphabetically
arranged, textbooks and statutes cited with references to the pages
where they are cited;
(b) Under the heading "Statement of Facts", the appellee shall state
that he accepts the statement of facts in the appellant's brief, or
under the heading "Counter-Statement of Facts", he shall point out such
insufficiencies or inaccuracies as he believes exist in the appellant's
statement of facts with references to the pages of the record in
support thereof, but without repetition of matters in the appellant's
statement of facts; and
(c) Under the heading "Argument", the appellee shall set forth his
arguments in the case on each assignment of error with page references
to the record. The authorities relied upon shall be cited by the page
of the report at which the case begins and the page of the report on
which the citation is found. (Sec. 14, Rule 44, RCP)
Sec. 17. Question that may be Raised on Appeal. — Whether or not the
appellant has filed a motion for a new trial in the court below, he may
include in his assignment of errors any question of law or fact that
has been raised in the court below and which is within the issues
framed by the parties. (Sec. 15, Rule 44, RCP)
Sec. 18. Processing of Civil Cases. —
a. Upon receipt of the original record, whether by personal delivery or
by mail, the Civil Section of the Judicial Records Division shall
immediately:
(1) Check proof of payment of the full amount of the appellate court
docket and other lawful fees to the clerk of court of the court which
rendered the appealed judgment or order;
(2) Check if all the required documents and papers enumerated in
Section 6 of this Rule have been transmitted, prepare the corresponding
rollo, docket the case and assign the corresponding CA-G.R. CV number;
(3) Submit the case to the raffle staff for inclusion in the list of cases to be raffled for completion of records;
(4) Report to the Division Clerk of Court concerned the specific
lacking portions of the records, for appropriate action, in case the
records transmitted are incomplete;chan robles virtual law library
(5) Write the branch clerk of the court of origin if the incomplete
record is received by mail without explanation for its incompleteness
for him to get the records personally from the Court or submit the
missing parts of the records, copy furnished the appellant; and
(6) Issue a notice to file appellant's brief within forty-five (45)
days from receipt of the notice. The notice shall require that a copy
of the appealed decision or order be appended to the brief. (Sec. 2,
Rule 4, RIRCA)
b. If the records are being transmitted personally, the Civil cases
Section shall immediately check the records in the presence of the
filer, refuse acceptance thereof if incomplete, issue a list of the
missing portions of the records, and require the branch clerk of the
court of origin to submit the same within thirty (30) days from notice.
(N)
c. If the transcript of stenographic notes is incomplete, the Civil
Cases Section shall send a notice directly to the stenographer
concerned. A notice shall also be issued to appellant's counsel with a
warning that failure on his part to take the necessary steps to
complete or correct the record and transcripts within thirty (30) days
from notice will result in the dismissal of the appeal. (Sec. 2, Rule
4, RIRCA)
Sec. 19. Issuance of Notices. — All notices mentioned in this Rule
shall be issued in the name of The Clerk of Court by the Division Clerk
of Court or the Chief, Judicial Records Divisions. (Sec. 3, Rule 4,
RIRCA)
Sec. 20. Form of Briefs. —
a. Briefs to be filed shall either be typewritten on good quality,
unglazed paper, or mimeographed or printed on newsprint or mimeograph
paper, 11 inches in length by 8-1/2 inches in width (commonly known as
letter size) or 13 inches in length by 8-1/2 in inches in width
(commonly known as legal size). There shall be a margin at the top and
at the left-hand side of each page not less than 1-1/2 inches in width.
The contents shall be written double-spaced and only one side of the
page shall be used. (Sec. 4, Rule 4, RIRCA)
b. All copies of briefs, whether printed, typewritten or mimeographed, shall be signed and dated.chanrobles virtual law library
Sec. 21. When Case Deemed Submitted. —
a. After the briefs have been filed or the periods for their filing
have expired, the Judicial Records Division shall submit the case to
the Division Clerks of Court with the appropriate report that the case
is now ready for re-raffle to a Justice for study and report.chanrobles virtual law library
b. A list of cases submitted for study and report, corresponding to the
same number as the present number of the members of the Court, shall be
prepared by the Judicial Records Division in Chronological order
according to the date when the case is deemed ready for study and
report, to be submitted to the Raffle Committee for re-raffle
courtwide. Submission to the Raffle Committee shall be made immediately
after the number of cases to be raffled shall have equaled the number
of Justices present. (n)
Sec. 22. Dismissal of Appeal. — An appeal may be dismissed by the
Court, on its own motion or on that of the appellee, on any of the
grounds under Section 1, Rule 50 of the Rules of Court.chanrobles virtual law library
Sec. 23. Dismissal of Improper Appeal. —
a. An appeal Rule 41 of the Rules of Court taken from the Regional
Trial court to this Court raising only questions of law shall be
dismissed, issues purely of law not being reviewable by this Court.
Similarly an appeal by notice of appeal instead of by petition for
review from the judgment of a Regional Trial Court in the exercise of
its appellate jurisdiction shall be dismissed.chanrobles virtual law library
b. An appeal erroneously taken to this Court shall not be transferred
to the appropriate court but shall be dismissed outright. (Sec. 2, Rule
50, RCP)
Sec. 24. Withdrawal of an Appeal. — An appeal may be withdrawn as of
right at any time before the filing of the appellee's brief.
Thereafter, the withdrawal may be allowed in the discretion of the
Court. (Sec. 3, Rule 50, RCP)
Rule 5
PROCEDURE IN ORDINARY APPEALS IN CRIMINAL CASES
Section 1. Processing of Criminal Cases. — The original records of
criminal cases shall be processed by the Criminal Cases Section in
accordance with Section 18, Rule 4 of these Rules insofar as
applicable, and assigned a corresponding CA-G.R. CR number. (Sec. 2,
Rule 5, RIRCA)
Sec. 2. Docket and other Lawful Fees. — No payment of docket and other
lawful fees shall be required in criminal cases except in petitions for
review of criminal cases and appeals from confiscation or forfeitures
of bail bond. (Sec. 3, Rule 5, RIRCA)
Sec. 3. Counsel de Oficio. — If it appears from the record of the case
as transmitted that the accused is confined in prison, without counsel,
and has signed the notice of appeal himself or where the accused is not
confined in prison but request, within ten (10) days from receipt of
notice to file his brief, to be defended de oficio and his request is
supported by an affidavit of poverty, the Division Clerk of Court
concerned, after consultation with the Judicial Records Division, shall
designate by rotation a member of the Bar holding office in
Metropolitan Manila to defend him, unless otherwise directed by the
Court in accordance with Section 2, Rule 124 of the Rules of Court.
(Sec. 4, Rule 5, RIRCA)
Sec. 4. Form and Contents of Briefs. — In appealed criminal cases, the
provisions of Sections 6 and 7, Rule 124, in relation to Sections 13
and 14, Rule 44 of the Rules of Court, shall be followed. (Sec. 5, Rule
5, RIRCA)
Sec. 5. Issuance of Notices. — All notices shall be issued in the name
of the Clerk of Court and signed by the Division Clerk of Court or by
the Chief of the Judicial Records Division. (Sec. 6, Rule 5, RIRCA)
Sec. 6. Appeals from Confiscation of Bail Bonds. — Appeals from orders
of confiscation or forfeiture of bail bonds shall be treated as appeals
in civil cases. The green-colored rollo cover for civil cases shall be
used over the cream-colored cover for criminal cases. The case shall be
recaptioned "Republic of the Philippines, plaintiff-appellee versus the
bondsman/surety, defendant-appellant". (Sec. 7, Rule 5, RIRCA)
Sec. 7. Appeals from Contempt of Court. — Appeals from orders finding a
person in indirect contempt of court shall be treated as appeals in
criminal cases. (n)chan robles virtual law library
Sec. 8. Dismissal of Appeal due to Abandonment of Failure to Prosecute.
— The Court may, upon motion of the appellee or on its own motion and
notice to the appellant, dismiss the appeal if the appellant fails to
file his brief within the time prescribed by the Rules of Court, except
in case the appellant is represented by a counsel de oficio.chanrobles virtual law library
The Court may also, upon motion of the appellee or on its own motion,
dismiss the appeal if the appellant escapes from prison or confinement
or jumps bail or flees to a foreign country during the pendency of the
appeals. (Sec. 8, Rule 124, Rules of Criminal Procedure)
Sec. 9. Prompt Disposition of Cases. — All appeals where the accused is
under detention shall have precedence over other appeals. The court
shall hear and decide the appeal at the earliest practicable time with
due regard to the rights of the parties. The accused need not be
present in court during the hearing of the appeal. (Sec. 9, Rule 124,
Rules of Criminal Procedure)
Sec. 10. Power of the Court on Appeal. — Upon appeal from a judgment of
the Regional Trial Court, this Court may reverse, affirmed modify the
judgment and increase or reduce penalty imposed by the trial court,
remand the case for new trial or retrial, or dismiss the case. (Sec.
11, Rule 124, Rules of Criminal Procedure)
RULE 6
ANNULMENT OF JUDGMENTS OF FINAL ORDERS AND RESOLUTIONS
Section 1. Coverage. — This Rule shall govern the annulment by the
Court of judgments or final orders and resolutions in civil actions of
Regional Trial Courts for which the ordinary remedies of new trial,
appeal, petition for relief or other appropriate remedies are no longer
available through no fault of the petitioner. (Sec. 1, Rule 47, RCP)
Sec. 2. Filing and Contents of Petition. —
a. A verified petition for annulment of judgment or final order or
resolution in a civil action from the Regional Trial Court shall state
with particularly the facts and the law relied upon for annulment, as
well as those supporting the petitioner's good and substantial cause of
action or defense, as the case may be.chanrobles virtual law library
b. The petition shall specifically allege that the ordinary remedies of
new trial, appeal, petition for relief or other appropriate remedies
are no longer available through no fault of the petitioner.chanrobles virtual law library
c. The petition shall be filed in seven (7) clearly legible copies,
together with sufficient copies corresponding to the number of
respondents.chanrobles virtual law library
d. A certified true copy of the judgment or final order or the
resolution shall be attached to the original copy of the petition
intended for the Court and indicated as such by the petitioner.chanrobles virtual law library
e. The petitioner shall also submit together with the petition, a sworn
certification that he has not therefore commenced any other action
involving the same issues in the Supreme Court, this Court or any
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 with the Supreme Court, this
Court 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; Provided
that, if the petitioner is a juridical entity, the authority of the
person subscribing such certification shall be duly supported by a
secretary's certificate or board resolution showing his authority to
represent the petitioner. (Sec. 4, Rule 47, RCP)
All petitioner are required to sign the certification by themselves or
through their duly authorized representative. In the latter case, a
power of attorney shall be attached to the petition. In case only some
of the petitioners signed such certification, the petition shall be
dismissed.chanrobles virtual law library
Sec. 3. Processing of Petition. —
a. The petition shall be accompanied by an amount sufficient to cover
payment of the corresponding docket and other lawful fees including the
costs prescribed in Section 8, Rule 16 thereof, unless the petitioner
is exempt from the payment of said fees.chanrobles virtual law library
b. Upon the filing of the petition and payment of the docket and other
lawful fees, as well as the deposit for costs, the Special Cases
Section shall prepare the rollo, record the same in the docket book for
special cases and then assign the corresponding CA-G.R. SP number;
otherwise, if the amount remitted is insufficient, then the Special
Cases Section shall assign the petition a UDK-SP number. A notation of
the payment or non-payment of the docket and other lawful fees or the
insufficiency thereof shall be made by the Special Cases Section on the
first page of the rollo. The rollo shall then be forwarded to the
raffle staff for assignment to a Justice for appropriate action. The
Special Cases Section, through the Division Clerk of Court, shall
likewise make a simultaneous report to the assigned Justice of the
non-payment of the docket fee and other lawful fees, or the
incompleteness of the petition. (n)
Sec. 4. Judicial Action. —
a. Failure of the petition to pay the docket and other lawful fees, or
to submit any of the papers and documents mentioned under paragraphs
(d) and (e), Section 2 hereof, or to specifically allege in the
petition that the remedies are no longer available through no fault of
the petitioner as required under paragraph (b), Section 2 hereof, shall
be a sufficient ground for the dismissal of the petition.chanrobles virtual law library
b. Should the Court find no merit in the petition, either in form or
substance, the same may be dismissed outright with specific reasons for
such dismissal.chanrobles virtual law library
c. Should the petition be found to be prima facie meritorious, the same
shall be given due course and summons shall be served upon the
respondent. (Sec. 5, Rule 47, RCP)
Sec. 5. Procedure. — The procedure in ordinary civil cases shall be
observed, but the Court may require the parties and counsel to appear
for a preliminary conference in accordance with Rule 10 hereof. If it
appears, however, that there is a need for reception of evidence on any
of the matters, taken during the conference, such reception of evidence
may be referred to a member of the Court or to a judge of the Regional
Trial Court. (Sec. 6, Rule 47, RCP)
Sec. 6. Effect of Judgment. — A judgment of annulment shall set aside
the questioned judgment or final order or resolution and render the
same null and void, without prejudice to the original action being
refiled in the proper court. However, where the judgment or final order
or resolution is set aside on the ground of extrinsic fraud, the Court
may on motion order the trial court to try the case as if a timely
motion for new trial had been granted therein. (Sec. 7, Rule 47,
RCP)
RULE 7
PROCEDURE IN SPECIAL CIVIL ACTIONS AND HABEAS CORPUS
Section 1. Special Civil Actions or Special Proceedings. — Original
verified petitions for certiorari, prohibition, mandamus, habeas
corpus, quo warranto and other petition may be filed with the Court.
Action for certiorari, prohibition and mandamus are governed by Rule
65, quo warranto by Rule 66, and habeas corpus by Rule 102 of the Rules
of Court.chanrobles virtual law library
Sec. 2. When to File Petition. —
a. A petition under Rule 65 of the Rules of Court may be filed no later
than sixty (60) days from notice of the judgment, order or resolution
sought to be assailed in this Court, whether or not the same is in aid
of its appellate jurisdiction. The petition shall also be filed with
and cognizable only by this Court if it involves acts or omissions of a
quasi-judicial agency, unless otherwise provided by law or the Rules of
Court. (Sec. 4, Rule 65, RCP)
b. If the petitioner had timely filed a motion for new trial or
reconsideration 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 which
shall, in no case, be less than five (5) days, 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. (SC Resolution en banc dated July 21, 1998 in Bar Matter No.
803)
Sec. 3. What Should be Filed. —
a. 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. (Sec. 3, Rule 46, RCP)
b. 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. (SC
Resolution en banc, supra)
c. The petition shall be filed in seven (7) clearly legible copies
together with proof of service thereof on the public and private
respondents, 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, and plain copies of such
material portions of the record as are referred to therein, and other
documents relevant or pertinent thereto. (Sec. 1, Rule 65, RCP)
d. The certification of the subject judgment, order or resolution shall
be accomplished by the proper clerk of court or by the proper officer
of the court, tribunal, agency, or office involved or by his duly
authorized representative. The requisite number of copies of the
petition shall be accompanied by clearly legible plain copies of all
documents attached to the original copy. (Sec. 3, Rule 46, RCP)
e. The petitioner shall also submit, together with the petition, a
sworn certification of non-forum shopping as provided in paragraph (e),
Section 2 of Rule 6 hereof.chan robles virtual law library
f. The petitioner shall pay the corresponding docket and other lawful
fees to the Clerk of Court and deposit the prescribed amount for costs
at the time of the filing of the petition. (Sec. 3, Rule 46, RCP)
g. An affidavit of service shall accompany the petition indicating that
the respondents and all other interested parties had been furnished a
copy thereof.chanrobles virtual law library
h. In case of filing or service of the petition and other pleadings is
not made by personal service, the same shall be accompanied by a
written explanation why the service or filing was not done personally.
(Sec. 11, Rule 13, RCP)
i. Only pleadings required by the Court shall be allowed. All other
pleadings and papers may be filed only with leave of court. (Sec. 5,
Rule 46, RCP)
Sec. 4. Effect of Non-compliance with Requirements. — The failure of
petitioner to comply with any of the foregoing requirements shall be
sufficient ground for the dismissal of the petition. (Sec. 3, Rule 46,
RCP)
Sec. 5. Judicial Action. — The Court may dismiss the petition outright
or require the private respondents to file a comment, not a motion to
dismiss, serving a copy of said comment on petitioner within ten (10)
days from notice. Thereafter, the Court may require the filing of a
reply within five (5) days from receipt of the comment and such other
responsive or other pleadings as it may deem necessary and proper.
(Sec. 6, Rule 65, RCP)
Sec. 6. Respondents and Costs in Certain Cases. —
a. When the petition relates to the acts or omission of a judge, court,
quasi-judicial agency, tribunal, corporation, board, officer or person,
the petition shall join, as private respondent or respondents with such
public respondent or respondents, the person or persons interested in
sustaining the proceedings in the Court; and it shall be the duty of
such private respondents to appear and defend, both in his or their own
behalf and in behalf of the public respondent or respondents affected
by the proceedings. The costs awarded in such proceedings in favor of
the petitioner shall be against the private respondents only, and not
against the judge, court, quasi-judicial agency, tribunal, corporation,
board, officer or person impleaded as public respondent or respondents.chanrobles virtual law library
b. Unless otherwise specifically directed by the Court, the public
respondent shall not file an answer to or comment on the petition or
any pleading therein. Likewise, unless directed by the Court, they
shall not appear or participate in the proceedings therein. (Sec. 5,
Rule 65, RCP)
Sec. 7. Orders Expediting Proceedings; Injunctive Relief. — In
petitions under Rule 65 of the Rules of Court, the Court 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 against the public respondent from further proceeding in
the case. (Sec. 7, Rule 65, RCP)
Sec. 8. Proceedings After Comment is Filed. —
a. 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 submission of memoranda or the expiration of the period for
the filing thereof the Court finds that the allegations of the petition
are true, it shall render judgment for the relief prayed for or to
which the petitioner is entitled.chanrobles virtual law library
b. The Court may dismiss the petition if it finds the same to be
patently without merit, prosecuted manifestly for delay, or that the
questions raised therein are too unsubstantial to require
consideration. (Sec. 8, Rule 65, RCP)
Sec. 9.Determination of Factual Issues. — Whenever necessary to resolve
factual issues, the Division concerned may itself conduct hearings or
delegate the same to any of its members or to any appropriate court,
agency or office other than the public respondent. (Sec. 6, Rule 46,
RCP)
Sec. 10. Service and Enforcement of Order or Judgment. — A certified
copy of the judgment shall be served upon the court, quasi-judicial
agency, tribunal, corporation, board, officer, or person concerned in
such manner as the Court may direct, and disobedience thereto shall be
punished as contempt. Execution may issue for any damages or costs
awarded in accordance with the Rules of Court. (Sec. 9, Rule 65, RCP)
Sec. 11. Petitions for Quo Warranto and Habeas Corpus. — In petitions
for quo warranto and habeas corpus, the provisions of Rules 66 and 102,
respectively, of the Rules of Court shall apply.chanrobles virtual law library
Sec. 12. Time of Filing Memoranda In Special Cases. — In certiorari,
prohibition, mandamus, quo warranto and habeas corpus cases, the
parties shall file, in lieu of briefs, their respective memoranda
within a non-extendible period of thirty (30) days from receipt of the
notice issued by the clerk that all evidence, oral and documentary, is
already attached to the record.chanrobles virtual law library
The failure of the appellant to file his memorandum within the period
therefor may be a ground for dismissal of the petition. (Sec. 10, Rule
44, RCP)
RULE 8
PROCEDURE IN PETITION FOR REVIEW FROM REGIONAL TRIAL COURTS
Section 1. How Appeal Taken; Time For Filing. —
a. A party desiring to appeal from a decision of the Regional Trial
Court in the exercise of its appellate jurisdiction may file a verified
petition for review with the Court paying at the same time the
corresponding docket and other lawful fees, depositing the amount of
P500.00 for costs, and furnishing the Regional Trial Court and the
adverse party with copies of the petition.chanrobles virtual law library
b. The petition should be filed and served within fifteen (15) days
from notice of the decision sought to be reviewed or of the denial of
the motion for new trial or reconsideration filed in due time.chanrobles virtual law library
c. Upon proper motion and the payment of the full amount of the docket
and other lawful fees and the deposit for costs before the expiration
of the reglementary period, the Court may grant an additional period of
fifteen (15) days only within which to file the petition for review. No
further extension shall be granted except for the most compelling
reason and in no case to exceed fifteen (15) days. (Sec. 1, Rule 42,
RCP)
Sec. 2. Form and Contents. —
a. The petition shall be filed in seven (7) legible copies, with the
original copy intended for the Court being indicated as such by the
petitioner.chanrobles virtual law library
b. The petition shall:
(1) State the full names of the parties to the case, without impleading
the lower courts or judges thereof either as petitioner or respondents;
(2) Indicate the specific material dates showing that it was filed on time;
(3) Set forth concisely a statement of the matters involved, the issues
raised, the specification of errors of fact or law, or both, allegedly
committed by the Regional Trial Court, and the reasons or arguments
relied upon for the allowance of the appeal; and
(4) Be accompanied by clearly legible duplicate originals or true
copies of the judgments or final orders of both lower courts, certified
correct by the Check of Court of the Regional Trial Court, the
requisite number of plain copies thereof and of the pleadings and other
material portions of the records as would support the allegations of
the petition.chanrobles virtual law library
c. The petitioners shall also submit, together with the petition, a
sworn certification on non-forum shopping as provided in paragraph (e),
Section 2 of Rule 6 hereof. (Sec. 2, Rule 42, RCP)
d. The petition shall be accompanied by an affidavit of service of a
copy thereof on each of the adverse parties and on the court the
decision of which is under review. (Sec. 13, Rule 11, RCP)
In case the service or filing of the petition was not done personally,
the petition shall be accomplished by a written explanation as to why
personal service or filing was not resorted to. (Sec. 11, Rule 13, RCP)
Sec. 3. Effect of Failure to Comply with Requirements: — The failure of
the petitioner to comply with any of the requirements in the preceding
sections shall be sufficient ground for the dismissal of the petition.
(Sec. 3, Rule 42, RCP)
Sec. 4. Processing of Petition. — The provisions of Section 3 (b), Rule of these Rules shall apply to petitions for review.chanrobles virtual law library
Sec. 5. Action on the Petition. — Without necessarily giving due course
to the petition, the Court may require respondent to file a comment,
not a motion to dismiss, within ten (10) days from notice, or dismiss
the petition if it finds the same to be patently without merit,
prosecuted manifestly for delay, or that the questions raised therein
are too unsubstantial to require consideration. (Sec. 4, Rule 42, RCP)
Sec. 6. Contents of Comment. — The comment of the respondent shall be
filed in seven (7) legible copies, accompanied by certified true copies
of such material portions of the record referred to therein together
with other supporting papers and shall (a) state whether or not he
accepts the statement of matters involved in the petition; (b) point
out such insufficiencies or inaccuracies as he believes exist in
petitioner's statement of matters involved but without repetition; and
(c) state the reasons why the petition should not be given due course.
A copy thereof shall be served on the petitioner. (Sec. 5, Rule 42, RCP)
Sec. 7. Due Course. — If upon the filing of the comment or such other
pleadings as the Court may allow or require, or after the expiration of
the period for the filing thereof without such comment or pleading
having been submitted, the Court finds prima facie that the lower court
has committed an error of fact or law that will warrant a reversal or
modification of the appealed decision, it may accordingly give due
course to the petition. (Sec. 6, Rule 42, RCP)
Sec. 8. Elevation of Record. — Whenever the Court deems it necessary,
it may order the clerk of court of the Regional Trial Court to elevate
the original record of the case including the oral and documentary
evidence within fifteen (15) days from notice. (Sec. 7, Rule 42, RCP)
Sec. 9. Perfection of Appeal; Effect Thereof. —
a. Upon the timely filing of a petition for review and the payment of
the corresponding docket and other lawful fees, the appeal is deemed
perfected as to the petitioner.chanrobles virtual law library
b. The Regional Trial Court loses jurisdiction over the case upon the
perfection of the appeal filed in due time and the expiration of the
time to appeal of the other parties.chanrobles virtual law library
c. Before the Court gives due course to the petition, the Regional
Trial Court may issue orders for the protection and preservation of the
rights of the parties which do not involve any matter litigated by the
appeal, approve compromises, permit appeals of indigent litigants, or
execution pending appeal in accordance with Section 2, Rule 39 of the
Rules of Court, and allow withdrawal of the appeal.chanrobles virtual law library
d. Except in civil cases decided under the Rule on Summary Procedure,
the appeal shall stay the judgment or final order unless the Court, the
law or the rules of Court shall provide otherwise. (Sec. 8, Rule 42,
RCP)
Sec. 10. Submission for Decision. — If the petition is given due
course, the Court may set the case for oral argument or require the
parties to submit memoranda within a period of fifteen (15) days from
notice. The case shall be deemed submitted for decision upon the filing
of the last pleading or memorandum required by these Rules or by the
Court itself. (Sec. 9, Rule 42, RCP)
RULE 9
PROCEDURE IN PETITIONS FOR REVIEW FROM THE COURT OF TAX APPEALS AND QUASI-JUDICIAL AGENCIES
Section 1. Scope. — This Rule shall apply to appeals from judgments or
final orders of the Court of Tax Appeals and from awards, judgments,
final orders or resolutions of or authorized by any quasi-judicial
agency in the exercise of its quasi-judicial functions. Among these
agencies are the Civil Service Commission, Central Board of Assessment
Appeals, Securities and Exchange Commission, Office of the President,
Land Registration Authority, Social Security Commission, Civil
Aeronautics Board, Bureau of Patents, Trademarks and Technology
Transfer, National Electrification Administration, Energy Regulatory
Board, National Telecommunications Commission, Department of Agrarian
Reform under Republic Act. No. 6657, Government Service Insurance
System, Employees Compensation Commission, Agricultural Inventions
Board, Insurance Commission, Philippine Atomic Energy Commission, Board
of Investments, Construction Industry Arbitration Commission, National
Amnesty Commission, Voluntary Arbitrators authorized by law, and the
Ombudsman in administrative disciplinary cases. (Sec. 1, Rule 43, RCP;
Proc. No. 348, S. 1994, as amended; Fabian vs. Desierto, et. al., G.R.
No. 129742, Sept. 16, 1998)
Sec. 2. Cases Not Covered. — This Rule shall not apply to judgments or
final orders issued under the Labor Code of the Philippines where the
appropriate remedy is by petition for certiorari under Rules 65 of the
Rules of Court. (Sec. 2, Rule 43, RCP; St. Martin Funeral Homes vs.
NLRC, G.R. No. 130866, Sept. 14, 1998; National Federation of Labor vs.
Laguesma, G.R. No. 123426, March 10, 1999)
Sec. 3. Where To Appeal. — An appeal under this Rule may be taken to
the Court within the period and in the manner herein provided, whether
the appeal involves questions of fact, of law, or mixed questions of
fact and law. (Sec. 3, Rule 43, RCP)
Sec. 4. Period of Appeal. — The appeal shall be taken within fifteen
(15) days from notice of the award, judgment, final order or
resolution, or from the date of its last publication, if publication is
required by law for its effectivity, or of the denial of petitioner's
motion for new trial or reconsideration duly field in accordance with
the governing law of the court or agency a quo. Only one (1) motion for
reconsideration shall be allowed. Upon proper motion and the payment of
the full amount of the docket fee before the expiration of the
reglementary period, the Court may grant an additional period of
fifteen (15) days only within which to file petition for review. No
further extension shall be granted except for the most compelling
reason and in no case exceed fifteen (15) days. (Sec. 4, Rule 43, RCP)
Sec. 5. How Appeal Taken. —
a. Appeal shall be taken by filing a verified petition for review in
seven (7) legible copies with the Court, with proof of service of a
copy thereof on the adverse party and on the court or agency a quo. The
original copy of the petition intended for the Court shall be indicated
as such by the petitioner.chanrobles virtual law library
b. Upon the filing of the petition, the petitioner shall pay to the
Clerk of Court of this Court the docket and other lawful fees and
deposit the sum of P500.00 for costs. Exemption from payment of docket
and other lawful fees and the deposit for costs may be granted by the
Court upon a verified motion setting forth valid grounds therefor. If
the Court denies the motion, the petitioner shall pay the docket and
other lawful fees and deposit for costs within fifteen (15) days from
notice of the denial; otherwise, the petition shall be denied due
course and accordingly dismissed for non-payment of docket and other
lawful fees. (Sec. 5, Rule 43, RCP)
Sec. 6. Contents of the Petition. — The petition for review shall:chan robles virtual law library
(a) State the full names of the parties to the case, without impleading the court agencies either as petitioners or respondents;
(b) Contain a concise statement of the facts and issues involved and the grounds relied upon for the review;
(c) Be accompanied by a clearly legible duplicate original or a
certified true copy of the award, judgment, final order or resolution
appealed from, together with certified true copies of such material
portions of their record referred to therein and other supporting
papers;
(d) Contain a sworn certification on non-forum shopping as provided in paragraph (e), Section 2 of Rule 6 hereof;
(e) State the specific material dates showing that it was filed within the period fixed herein; and
(f) Be accompanied by proof of service upon the adverse party or parties.chanrobles virtual law library
In case the filing or service of the petition is not made by personal
service, the same shall be accompanied by a written explanation why the
service or filing was not done personally. (Sec. 6, Rule 43 and Sec.
11, Rule 13, RCP)
Sec. 7. Effect of Failure To Comply With Requirements. — The failure of
the petitioner to comply with any of the requirements set forth in the
preceding sections shall be sufficient ground for the dismissal of the
petition. (Sec. 7, Rule 43, RCP)
Sec. 8. Action on the Petition. — The Court may require the respondent
to file a comment on the petition, not a motion to dismiss, within ten
(10) days from notice, or dismiss the petition if it finds the same to
be patently without merit, prosecuted manifestly for delay, or that the
questions raised therein are too unsubstantial to require
consideration. (Sec. 8, Rule 43, RCP)
Sec. 9. Contents of Comment. — The comment shall be filed within ten
(10) days from notice in seven (7) legible copies and accompanied by
clearly legible certified true copies of such material portions of the
record referred to therein with together with other supporting papers.
The comment shall (a) point out insufficiencies or inaccuracies in
petitioner's statement of facts and issues; and (b) state the reasons
why the petition should be denied or dismissed. A copy thereof shall be
served on the petitioner, and proof of such service shall be filed with
the Court. (Sec. 9, Rule 43, RCP)
Sec. 10. Due Course. — It upon the filing of the comment or such other
pleadings or documents as may be required or allowed by the Court or
upon expiration of the period for the filing, and on the basis of the
petition or the records the Courts finds prima facie that the court or
agency concerned has committed errors of fact or law that would warrant
reversal or modification of the award, judgment, final order or
resolution sought to be reviewed, it may give due course to the
petition, otherwise, it shall dismiss the same. The findings of fact of
the court or agency concerned, when supported by substantial evidence,
shall be binding on this Court. (Sec. 10, Rule 43, RCP)
Sec. 11. Transmittal of Record. — Within fifteen (15) days from notice
that the petition has been given due course, the Court may require the
court or agency concerned to transmit the original or legible certified
true copy of the entire record of the proceeding under review. The
record to be transmitted may be abridged by agreement of all parties to
the proceeding. The Court may require or permit subsequent correction
of or addition to the record. (Sec. 11, Rule 43, RCP)
Sec. 12. Effect of Appeal. — The appeal shall not stay the award,
judgment, final order or resolution sought to be reviewed unless the
Court shall direct otherwise upon such terms as it may deem just. (Sec.
12, Rule 43, RCP)
Sec. 13. Submission for Decision. — If the petition is given due
course, the Court may set the case for oral argument or require the
parties to submit memoranda within a period of fifteen (15) days from
notice. The case shall be deemed submitted for decision upon the filing
of the last pleading or memorandum required by these Rules or by the
Court. (Sec. 13, Rule 43, RCP)
RULE 10
PRELIMINARY CONFERENCE
Section 1. Preliminary Conference. — At any time during the pendency of
a case, the Division concerned may call the parties and their counsel
to a preliminary conference:
(a) To consider the possibility of an amicable settlement except when
the case is not allowed by law to be the subject of compromise;
(b) To define, simplify and clarify the issues for determination;
(c) To formulate stipulations of facts and admissions of documentary
exhibits, and limit the number of witnesses to be presented in cases
within the original jurisdiction of the Court or those within its
appellate jurisdiction, where a motion for new trial is granted on the
ground of newly discovered evidence; and
(d) To take up such other matters which may aid the Court in the prompt disposition of the case.chanrobles virtual law library
Sec. 2. Record of the Conference. — The proceedings at such conference
shall be recorded, and upon the conclusion thereof, a resolution shall
be issued embodying the actions taken therein, the stipulations and
admissions made, and the issues defined.chanrobles virtual law library
Sec. 3. Binding Effect of the Results of the Conference. — Subject to
such modifications which may be made to prevent manifest injustice, the
resolution referred to in the preceding section shall control the
subsequent proceedings in the case unless, within five (5) days from
notice thereof, any party shall satisfactorily show valid cause why the
same should not be followed. (Sec. 3, Rule 48, RCP)
RULE 11
ORAL ARGUMENT
Section 1. When Allowed. — At its own instance or upon motion of a
party, the Court may hear the parties in oral argument on the merits of
a case, or on any material incident in connection therewith.chanrobles virtual law library
The oral argument shall be limited to such matters as the Court may specify in its resolution. (Sec. 1, Rule 49, RCP)
The necessity or propriety of oral argument shall be determined by the
Justice assigned to the case. However, in lieu of oral arguments, said
Justice may allow the parties to file their respective memoranda within
fifteen (15) days from notice. (Sec. 1, Rule 8, RIRCA)
Sec. 2. Conduct of Oral Argument. — Unless authorized by the Court,
only one counsel may argue for a party. The duration allowed for each
party, the sequence of the argumentation, and all other related matters
shall be as directed by the Court.chanrobles virtual law library
Sec. 3. No Hearing or Oral Argument for Motions. — Motions shall not be
set for hearing and, unless the Court otherwise directs, no hearing or
oral arguments shall be allowed in support thereof. The adverse party
may file objections to the motion within five (5) days from service,
upon the expiration of which such motion shall be deemed submitted for
resolution. (Sec. 23, Rule 49, RCP)
RULE 12
PROCESS OF ADJUDICATION
Section 1. When Case Deemed Submitted for Judgment or Resolution. — A case shall be deemed submitted for judgment;
a. In ordinary appeals —
(1) Where no hearing on the main case is held, upon the filing of the
last pleading, brief, or memorandum required by the Rules of Court or
by the Court itself, or the expiration of the period for its filing; and
(2) Where such a hearing is held, upon its termination or upon the
filing of the last pleading or memorandum as may be required or
permitted to be filed by the Court, or the expiration of the period for
its filing.chanrobles virtual law library
b. In original actions and petitions for review —chanroblesvirtualawlibrary
(1) Where no comment is filed, upon the expiration of the period to comment;
(2) Where no hearing is held, upon the filing of the last pleading
required or permitted to be filed by the Court, or the expiration of
the period for its filing; and
(3) Where a hearing on the main case is held, upon its termination or
upon the filing of the last pleading or memorandum as may be required
or permitted to be filed by the Court, or the expiration of the period
for its filing. (Sec. 1, Rule 51, RCP)
Sec. 2. Justice Assigned to Adjudicate. — Every case assigned to a
Justice for study and report, whether it be an appealed case or an
original petition, shall be retained by him irrespective of his
transfer to the Divisions. (Sec. 2, Rule 8, RIRCA)
Sec. 3. Justice Who May Participate in the Adjudication of Cases. — In
the determination of the two the Justices who shall participate in the
deliberation on the merits and decide an appealed case or an original
action, the following rules shall be observed:
(a) The case shall be deliberated upon by the Justice assigned to study
and report, together with the other members of his Division;
(b) If one or both of the other members of the Division are on leave of
absence, disqualified, or are no longer members of the Court, their
replacements shall be chosen by raffle. The Justices thus chosen and
the Justice assigned for study and report shall act upon and decide the
case. The Division shall be called Special (No.) Division;chan robles
virtual law library
(c) If the Justice to whom the case is assigned for study and report is
disqualified or is no longer a member of the Court, his replacement
shall be chosen by raffle between the two remaining members of his
Division, subject to paragraph (e) of this section. Another Justice
shall be assigned by raffle as a third member of the Division. The
Division as now constituted shall act upon and decide the case;
(d) If the Justice assigned for study and report and all the members of
his Division are disqualified, or are no longer member of the Court,
the case shall be raffled to another Justice who, together with the two
other members of his regular Division, shall act upon and decide the
case;
(e) When, in an original action or petition for review, certain actions
or proceedings have been taken as hereinbelow enumerated, the case
shall remain with the Justice assigned for study and report and the
Justices who participated therein, regardless of their transfer to
other Divisions. The abovementioned actions or proceedings are as
follows: (1) giving it due course; (2) dismissing it outright; (3)
issuing a temporary restraining order or writ of preliminary
injunction; (4) conducting a hearing, oral argument or preliminary
conference; (5) undertaking any proceeding for any purpose stated in
the resolution of the Division; and (6) issuing a writ of habeas corpus;
(f) If only member of the Division who participated in any of the
action or proceeding mentioned in the preceding paragraph remains, the
Raffle Committee shall automatically assign the case to him; and
(g) Where the membership of a Division which acted upon and decided a
case has changed, the Division which shall subsequently act on the case
shall be called the Former (No.) Division.chanrobles virtual law library
Sec. 4. Rules on Replacement of Cases. —
a. If the Justice assigned for study and report is disqualified or is
no longer a member of the Court and the case is raffled to another, the
latter has the right to replace it with another case of the same nature
and status. The replacement case shall be given to the former Justice
who was disqualified, if still a member of the Court, otherwise, it
shall be added to the cases left him to be re-raffled in accordance
with these Rules.chanrobles virtual law library
b. Cases in which the acts and proceedings mentioned in Section 3(e)
hereof have been undertaken cannot be given as replacement under the
preceding paragraph.chanrobles virtual law library
c. When a case is consolidated with another, the Justice to whom the
consolidate case is given has the right to replace it with another of
the same nature and status.chanrobles virtual law library
Sec. 5. Priorities in Adjudication of Cases. — Subject to existing laws
and as far as practicable cases shall be adjudicated in accordance with
the following priorities:
a. In Civil Cases —
(1) Those where temporary restraining orders, writs of injunction or
execution pending appeal, or other auxiliary writs were issued;
(2) Those which pose prejudicial question; and
(3) Those which have been pending for a long time from their inception in the lower court.chanrobles virtual law library
b. In Criminal Cases —
(1) Those where the accused is detained;
(2) Those where the Solicitor General recommends the acquittal of the accused; and
(3) Those which have been pending for a long time from their inception in the lower court. (Sec. 3, Rule 8, RIRCA)
c. In Original Actions and Petitions for Review —
(1) Habeas corpus cases;
(2) Agrarian cases;
(3) Original petitions where injunctive reliefs have been granted; and
(4) Other cases which have been pending of a long time from their inception in the lower court.chanrobles virtual law library
Sec. 6. Resolution of Motions. — All motions filed before a case has
been actually re-raffled for study and report shall be resolved by the
Justice assigned for completion of records. After re-raffle, all
motions shall be resolved by the Justice to whom the case has been
re-raffled for study and report.chanrobles virtual law library
Sec. 7. Study and Report on the Case. —
a. The Justice to whom a case is raffled for study and report shall
prepare a written report thereon and thereafter submit the same to his
Division for deliberation. If after such deliberation, the two other
members of the Division agree with the report, the same Justice shall
prepare the decision for promulgation.chanrobles virtual law library
b. The judgment shall be rendered by the members of the Court who
participated in the deliberation on the merits of the case. (Sec. 2,
Rule 51, RCP)
Sec. 8. Quorum and voting in the Division. — All members of a Division
shall participate in the deliberation and their unanimous vote is
necessary for the pronouncement of a judgment or final resolution.
Minutes of the deliberation shall be kept at the office of the
Chairman. (Sec. 3, Rule 51, RCP)
Sec. 9. Procedure in Case of Dissent. — When a unanimous vote cannot be attained, the following rules shall be observed:
(a) Within fifteen (15) days from the date of deliberation, the
dissenting Justice shall write his dissent which shall be attached to
the report for further deliberation by the Division. Thereafter, the
Chairman of the Division shall in writing refer the case with the
minutes of the deliberation to the Presiding Justice who shall
designate two Justices chosen by the raffle from among all the other
members of the Court to sit temporary with them, forming a Special
Division of five Justices. The participation of all the five members of
the Special Division shall be necessary for the pronouncement of a
judgment or final resolution.chanrobles virtual law library
(b) After a member of the Division has expressed his dissent, the
Special Division, as constituted, shall retain the case until it is
disposed of regardless of organization; and
(c) After the deliberation on the merits among the members of the
Special Division of five, the first proponent of the majority opinion
shall be ponente, unless the majority decides otherwise. Any member of
the Division may write a separate concurring or dissenting opinion. The
vote of the majority of the Special Division is required to reach a
decision. (Sec. 3, Rule 51, RCP; Sec. 4(b), Rule 8, RIRCA)
Sec. 10. Promulgation of Decisions and Final Resolutions. — Decisions
and resolutions already prepared in final form, signed by the ponente
and circulated among the members of his Division before the date of the
reorganization of the Division may be signed by the members of that
Division and promulgated within ten (10) days from the date of the said
reorganization.chanrobles virtual law library
Sec. 11. Disposition of a Case. — The Court, in the exercise of its
appellate jurisdiction, may affirm, reverse, or modify the judgment or
final order appealed from or direct a new trial or further proceedings.
(Sec. 4, Rule 51, RCP)
Sec. 12. Form of Decision. —
a. Every decision or final resolution of the Court in appealed cases
shall clearly and distinctly state the findings of fact and the
conclusions of law on which it is based, which may be confined in the
decision or final resolution itself, or adopted from those set forth in
the decision, order, or resolution appealed from. (Sec. 5, Rule 51, RCP)
b. In petitions for review or petitions for certiorari, the Division
may in appropriate cases, render a memorandum decision. (Francisco vs.
Permskul, 173 SCRA 324)
c. The subsequent action of the Division modifying or reversing a
decision shall be denominated "Resolution." (Sec. 5, Rule 8, RIRCA)
d. Every decision shall be accompanied by an attestation of the Chairman of the Division in the following form:
ATTESTATION
I hereby attest that this decision was reached after due consultation
among the members of this Division in accordance with the provisions of
Section 13, Article VIII of the Constitution.chanrobles virtual law library
e. If a Chairman inhibits from a case, he shall ask the Raffle
Committee to designate by raffle another Justice as replacement, and
the most senior member shall sign the attestation as Acting Chairman.
(Sec. 5, Rule 8, RIRCA)
Sec. 13. Resolutions. — Any disposition other than on the merits shall be embodied in a resolution. (Sec. 6, Rule 8, RIRCA)
Sec. 14. Number of Copies and Distribution. — Decisions and resolutions
of the Court shall be prepared in seven (7) copies to be distributed as
follows: (1) original copy plus two copies to the Court Reporter; (2)
one copy to be attached to the rollo; (3) one copy to the ponente; (4)
one copy to the Information & Statistic and Data Division; and (5)
one copy to the Judicial Division. In addition, a sufficient number of
copies shall be prepared for the counsel in the case. (Sec. 7, Rule 8,
RIRCA)
Sec. 15. Promulgation of Decisions and Final Resolutions. — The
promulgation of decisions and final resolutions shall be the direct
responsibility of the Divisions Clerk of Court.chanrobles virtual law library
a. The decision or final resolution shall be promulgated by filing the
same with the Division Clerk of Court who shall on the same day
annotate the date and time of the promulgation and attest it by his
signature on the first page thereof.chanrobles virtual law library
b. The Division Clerk of Court shall record in the Promulgation Book
the date and time of promulgation, the CA-G.R. Number, the title of the
case, the ponente, the nature of the document (whether decision or
final resolution), and the action taken by the Division. The Division
Clerk of Court shall maintain and keep the Promulgation Book in his
care and custody.chan robles virtual law library
c. Within twenty-four (24) hours from the promulgation of a decision or
final resolution, the Division Clerk of Court shall send notices and
copies of the decision or final resolution in sealed envelopes to the
parties through their counsel by registered mail only. However, a
decision of acquittal in criminal cases where the accused is detained
shall, whenever practicable, be served personally on the Director of
Prisons or whoever has official custody of the accused.chanrobles virtual law library
d. Immediately after a decision or final resolution is promulgated, the
Division Clerk of Court shall forward the original and two copies
thereof to the court Reporter and a copy each to the Information and
Statistical Data Division and the Judicial Records Division, the latter
to forward the same copy to the Archives Section. (Sec. 8, Rule 8,
RIRCA)
Sec. 16. Entry of Judgments and Final Resolutions. — If no appeal or
motion for new trial or reconsideration is filed within the time
provided in the Rules of Court, the judgment or final resolution shall
forthwith be entered by the Division Clerk of Court in the book of
entries of judgments. The date when the judgment or final resolution
becomes executory shall be deemed as the date of its entry. The record
shall contain dispositive part of the judgment or final resolution and
shall be signed by the clerk, with a certificate that such judgment or
final resolution has become final and executory. (Sec. 10, Rule 51, RCP)
RULE 13
MOTIONS FOR RECONSIDERATION
Section 1. Contents. — A motion for reconsideration shall state the
material dates showing that it is filed on time, and set forth the
grounds therefor. A motion for consideration without any showing on its
face that it was filed on time may be denied outright. (Sec. 1, Rule 9,
RIRCA)
Sec. 2. Time for Filing. — The motion for reconsideration shall be
filed within the period for taking an appeal from the decision or
resolution, and a copy thereof shall be served on the adverse party.
The period for filing a motion for reconsideration is non-extendible.chanrobles virtual law library
Sec. 3. Second Motion for Reconsideration. — No second motion for
reconsideration from the same party shall be entertained. However, if
the decision or resolution is reconsidered or substantially modified,
the party adversely affected may file a motion for reconsideration
within fifteen (15) days from notice. (Sec. 3, Rule 9, RIRCA)
Sec. 4. Stay of Execution. — The pendency of a motion for
reconsideration filed on time and by the proper party shall stay the
execution of the judgment or final resolution sought to be reconsidered
unless the Court, for good reasons, shall otherwise direct. (Sec. 4,
Rule 52, RCP)
Sec. 5. Who Shall Act on Motion for Reconsideration. —chan robles virtual law library
a. A motion for reconsideration of a decision or resolution shall be
acted upon by the ponente and the other members of the Division whether
special or regular, or whether a Division of three of five, who
participated in the rendition of the decision or resolution sought to
be reconsidered, irrespective of whether or not such members are
already in other Divisions at the time the motion for reconsideration
is filed or acted upon.chanrobles virtual law library
b. If the ponente is no longer a member of the Court, or has
disqualified or inhibited himself from acting on the motion, he shall
be replaced by another Justice who shall be chosen by raffle from among
the remaining members of the Division who participated in the rendition
of the decision or resolution, and the resulting vacancy or vacancies
therein shall be filled by the raffle from among the other members of
the Court.chanrobles virtual law library
c. If only one member of the Court who participated in the rendition of
decision or resolution remains, the motion shall be sent to him by the
Raffle Committee and he shall act on the motion with the members of the
Division to which he belongs.chanrobles virtual law library
d. If the ponente and all the members of the Division that rendered the
decision or resolution are no longer members of the Court, the case
shall be raffled to any member of the Court and the motion shall be
acted by him with the participation of the other members of the
Division to which he belongs. (Sec. 5, Rule 9, RIRCA)
Sec. 6. Comment and Period to Resolve. — The adverse party may be
required to comment on the motion for reconsideration within ten (10)
days from notice. (n)
A motion for reconsideration shall be resolved within ninety (90) days
from the date when the Court declares it submitted for resolution.
(Sec. 3, Rule 52, RCP)
Sec. 7. Effect of Filing an Appeal in the Supreme Court. — No motion
for reconsideration or rehearing shall be acted upon if the movant has
already filed in the Supreme Court a petition for review on certiorari
or a motion for extension of time to file such petition. If such
petition is subsequently filed, the motion for reconsideration pending
in this Court shall be deemed abandoned. (Sec. 8, Rule 9, RIRCA)
RULE 14
NEW TRIAL
Section 1. Petition. — A party may file a motion for new trial on the
ground of newly discovered evidence which could not have been
discovered prior to the trial in the court below by the exercise of due
diligence and which is of such a character as would probably change the
result. (Sec. 1, Rule 53, RCP)
Sec. 2. Requirements of Petition. — The petition shall be accompanied
by affidavit showing the facts constituting the grounds therefor and
the newly discovered evidence. In criminal cases, the petition shall
conform with Rule 121 of the Rules of Court. (Rules 53 and 121, Rules
of Court)
Sec. 3. Hearing and Order. — The Court shall consider the new evidence
together with that adduced at the trial below, and may grant or refuse
a new trial, or make such order, with notice to both parties, as to the
taking of further testimony, either orally in court, or by depositions,
or render such other judgment as ought to be rendered upon such terms
as it may deem just. (Sec. 2, Rule 53, RCP)
Sec. 4. Resolution of Motion. — A motion for new trial shall be
resolved within ninety (90) days from the date the Court declares it
submitted for resolution. (Sec. 3, Rule 53, RCP)
Sec. 5. Procedure in New Trial. — Unless the Court otherwise directs,
the procedure in the new trial shall be the same as that in the
Regional Trial Court. (Sec. 4, Rule 53, RCP)
RULE 15
ENTRY OF JUDGMENT AND REMAND OF THE RECORDS
Sec. 1. Entry of Judgment. —chanroblesvirtualawlibrary
a. Unless a motion for reconsideration or new trial is filed or an
appeal is taken to the Supreme Court, judgments and final resolutions
of the Court shall be entered upon the expiration of fifteen (15) days
after notice to the parties.chanrobles virtual law library
b. In criminal cases, when the accused-appellant is acquitted, unless
the State or any of the parties may still appeal, or the accused
withdraws his appeal, entry of judgment shall be made immediately.chanrobles virtual law library
If the motion withdrawing an appeal is signed by the appellant only,
the Court shall take steps to insure that the motion is made
voluntarily, intelligently and knowingly or may require his counsel to
comment.chanrobles virtual law library
c. In civil cases, when an appeal is withdrawn, or a decision based on
a compromise agreement is rendered, entry of judgment shall be made
immediately. (Sec. 1, Rule 11, RIRCA)
Sec. 2. Date of Entry. — The date when the judgment or final resolution
becomes executory shall be deemed as the date of its entry. The record
shall contain the dispositive part of the judgment or final resolution
and shall be signed by the clerk, with a certificate that such judgment
or final resolution has become final and executory. (Sec. 10, Rule 51,
RCP).chanrobles virtual law library
Sec. 3. Entry of Judgment in Habeas Corpus Cases. — In habeas corpus
cases, unless an appeal is taken on time, entry of judgment shall be
made upon the expiration of two (2) days from notice to the parties.
(Sec. 39, B.P. Blg. 129)
Sec. 4. Form. — Entry of judgment shall be made in the prescribed form,
signed by the Division Clerk of Court concerned, who shall certify
under the seal of the Court the specific date the Court rendered its
decision or final resolution and the date the same became final and
executory. The entry shall embody the dispositive portion of the
decision or final resolution and shall indicate the date such entry of
judgment is made, with a certification that such judgment or final
resolution has become final and executory. (Sec. 3, Rule 11, RIRCA)
Sec. 5. Disposition of Copies. — The original copy of the entry of
judgment shall forthwith be transmitted to the Chief of the Judicial
Records Division who shall cause a copy to be attached to the rollo,
furnishing copies of the same to the parties simultaneously with the
remand of the records. He shall cause the entries of judgment to be
bound according to Division, arranged chronologically and properly
indexed.chanrobles virtual law library
In criminal cases where the accused is detained, the Director of
Prisons, the Jail Warden or whoever has custody of the accused shall be
furnished a copy of the entry of judgment. In land registration cases,
a copy shall also be furnished the Land Registration Authority. (Sec.
4, Rule 11, RIRCA)
Sec. 6. Duty of the Division Clerk of Court. — After the promulgation
of the decision or final resolution, it shall be the duty and
responsibility of the Division Clerk of Court to see to it that a copy
of the promulgated decision or final resolution is attached to the
record of the case and that the Entry of Judgment is made in due time
without undue delay. (Sec. 5, Rule 11, RIRCA)
Whenever the Court should be of the opinion that the penalty of
reclusion perpetua or higher should be imposed, no entry of judgment
shall be made, but the Court shall certify the case and elevate the
entire records thereof to the Supreme Court for review. (Sec. 13, Rule
124, Rules of Court)
Sec. 7. Allowance for Delay of Mail in Making Entries of Judgment. — In
making entries of judgments, the Division Clerk of Court shall
determine the finality of the decision of making allowance for delay of
mail, computed from the last day of the period of appeal from the
decision or final resolution, as follows: forty-five (45) days, if the
addressee is from Mindanao including Palawan; thirty (30) days, if the
addressee is from the Visayas; twenty (20) days, if the addressee is
from Luzon, except Metro Manila; and ten (10) days, if the addressee is
from Metro Manila. (Sec. 6, Rule 11, RIRCA)
Sec. 8. Appeal to the Supreme Court. — No entry of judgment shall be
made by the Division Clerk of Court whenever a decision or final
resolution is appealed to the Supreme Court. However, the decision or
final resolution of the Supreme Court in the case, as well as its entry
of judgment and letter of transmittal to this Court shall be attached
to the rollo.chanrobles virtual law library
a. The Archives Section shall prepare a letter of transmittal to the
court of origin remanding the original records together with a copy
each of the decision or final resolution of this Court and of the
Supreme Court, and the latter's entry of judgment and letter of
transmittal to this Court.chanrobles virtual law library
b. When two or more appeals in the same case are taken to the Supreme
Court, the Archives Section of this Court shall retain the records
until all appeals resolved by the Supreme Court. After an appeal is
resolved by the Supreme Court, the Archives Section of this Court shall
transmit to the court of origin a copy of the decision of the decision
of this Court and of the Supreme Court with the latter's entry of
judgment, and a statement to the effect that the records of the case
are being retained in this Court pending resolution of the other
appeals.chanrobles virtual law library
c. When there are several accused in the same case, some of whom appeal
to the Supreme Court and others do not, the Division Clerk of Court
shall make an entry of judgment as to those who did not appeal. The
same rule shall apply where there are several accused in the same case,
some of whom withdrew their appeal in this Court and others did not.
(Sec. 7, Rule 11, RIRCA)
Sec. 9. Transmittal of Rollos and Records. — After the entry of
judgment, the Division Clerk of Court shall forward the rollo of the
case to the Archives Section which shall send to the Mailing and
Delivery Section within two (2) working days the original records of
the case for eventual transmittal to the court of origin or
quasi-judicial agency. The Mailing and Delivery Section shall remand
the original records of the case to the court of origin or
quasi-judicial agency within two (2) working days. (Sec. 8, Rule 11,
RIRCA)
RULE 16
MISCELLANEOUS PROVISIONS
Section 1. Erroneous Transmittal of Records. — If it clearly appears
from the notice of appeal that the appellant had directed his appeal to
another court, but the lower court erroneously transmitted the records
of the case to this Court, the Judicial Records Division shall refer
the case to the Presiding Justice for proper disposition. (Sec. 1, Rule
12, RIRCA)
Sec. 2. Case Received Without Docket and Other Lawful Fees and Deposit
for Costs. — Whenever an original petition is received by mail without
docket and other lawful fees and deposit for costs, the Judicial
Records Division shall assign to it an undocketed special case number,
and submit said case to the Raffle Committee for raffle.chanrobles virtual law library
The Special Cases Section shall maintain a record book of undocketed
special cases for this purpose. (Office Order No. 116-89-N, 1989)
Sec. 3. Cases Referred by the Supreme Court. — A case originally filed
and docketed in the Supreme Court but subsequently referred to this
Court shall be entered in the docket book and given a CA-G.R. No. (Sec.
3, Rule 12, RIRCA)
Sec. 4. Docket and Other Lawful Fees for Multiple Appellants. — If two
or more parties in a case file separate notices of appeal lawful, each
of them shall pay the full amount of the docket and other lawful fees.
(Sec. 4, Rule 12, RIRCA)
Sec. 5. Docket Fees and Docket Number of Consolidated Cases. —
a. In an appeal from the Regional Trial Court involving two (2) or more
cases, which were tried and decided jointly, only one docket and other
legal fees shall be paid by the appellants to the Clerk of Court of the
Regional Trial Court except when separate notices of appeal are filed
by them. The multiple shall be assigned only one docket number.chan
robles virtual law library
b. In an original petition involving two or more consolidated cases,
only one docket and other lawful fees and deposit for costs shall be
paid by the petitioners. (Sec. 5, Rule 12, RIRCA)
Sec. 6. Payment of Docket and Other Lawful Fees and Deposit for Costs.
— Payment of docket and other lawful fees and deposit for costs may be
in cash, by postal money order, certified checks, or manager's or
cashier's checks payable to the Court. Personal checks shall be
returned to the payor. (n)
Sec. 7. Schedule of Docket and Other Lawful Fees and Deposit for Costs.
— Unless otherwise revised by the Supreme Court, the following are the
schedule of docket and other lawful fees and deposit for costs:
(a) Ordinary appeal in civil cases and special cases on appeal —
Docket Fee P48.00
Judiciary Development Fund 352.00
Legal Research Fund 20.00
————
Total P420.00
Within the period for taking an appeal, the appellate court docket fees
shall be paid to the clerk of court of the court a quo, who shall
transmit the proof of payment to this Court, together with the original
record or record on appeal.chanrobles virtual law library
(b) Special Cases —chanroblesvirtualawlibrary
(1) Original Special Civil Action (Certiorari, Mandamus, Prohibited,
etc.), special proceedings, and original action for Annulment of
Judgment —
Docket Fee P48.00
Judiciary Development Fund 352.00
Legal Research Fund 20.00
Deposit for Costs 500.00
Sheriff's Fees (in Petitions with Prayer for Temporary Restraining Order or Writ of Preliminary Injunction) 150.00
Cashier's Commission 10.00
—————
Total P1,080.00
(2) Petition for Review from Regional Trial Court —
Docket Fee P48.00
Judiciary Development Fund 352.00chan robles virtual law library
Legal Research Fund 20.00
Deposit for Costs 500.00
Sheriff's Fees (In Petitions with Prayer for Temporary
Restraining Order or Writ of Preliminary Injunction) 150.00
Cashier's Commission 10.00
—————
Total P1,080.00
(3) Petition for Review from Quasi-Judicial Bodies —
Docket Fee P48.00
Judiciary Development Fund 352.00
Legal Research Fund 20.00
Deposit for Costs 500.00
Sheriff's Fees (In Petitions with Prayer for Temporary Restraining Order or Writ of Preliminary Injunction) 150.00
Cashier's Commission 10.00
—————
Total P1,080.00
(c) Furnishing transcripts of the record or copies or any record, judgment or entry per page 3.00
(d) For each certificate not on process 20.00chan robles virtual law library
(e) For every search for anything above a year's standing 4.00
(f) For commission on all cash deposit, 2% on all sums not exceeding
P4,000.00, and 1% upon all sums in excess of P4,000.00, and .5% on all
sums in excess of P40,000.00. (Adm. Circular No. 31-90, Oct. 15, 1990)
In original actions and petitions for review, the docket and other
lawful fees and deposit for costs shall be paid to his Court. (Sec. 1,
Rule 42; Sec. 5, Rule 43, RCP)
Sec. 8. Report on Late Payment. — Payment of docket and other lawful
fees made after the elevation of the original records shall be reported
to the Court for appropriate action. (n)
Sec. 9. Non-refund of Docket Fees. — The docket and lawful fees, once paid, is non-refundable, except when erroneously paid. (n)
Sec. 10. Color Code of Rollos. — To facilitate identification of cases, the covers of rollos shall have the following colors:
(a) Green for appealed civil cases;
(b) Cream for appealed criminal cases where the accused is out on bail, and appeals from contempt of court;
(c) Orange for criminal cases where the accused is detained;
(e) Red for habeas corpus cases;
(e) Yellow for labor cases;
(f) Brown for agrarian cases;
(g) Gray for Civil Service Commission and Ombudsman cases; and
(h) Blue for all other special cases, including petitions for review of
the decisions of the Regional Trial Court in the exercise of its
appellate jurisdiction.chanrobles virtual law library
Sec. 11. Summer Sessions. — The Presiding Justice shall prepare a
schedule of summer sessions of the Court. (Sec. 9, Rule 12, RIRCA)
Sec. 12. Separability Clause. — If the effectivity of any provision of
these Rules is suspended or disapproved by the Supreme Court, the other
provisions not affected shall remain in force.chanrobles virtual law library
Unless otherwise provided for by existing rules, the Presiding Justice
or any one acting in his place is authorized to act on any matter not
covered by these Rules.chanrobles virtual law library
Sec. 13. Repealing Clause. — Upon the effectivity of these Rules, all
resolutions, orders, memoranda, and circulars which are inconsistent
therewith are hereby repealed.chanrobles virtual law library
Sec. 14. Effectivity Clause. — Unless otherwise directed by the Supreme
Court, these Rules shall become effective fifteen (15) days after
submission of copies thereof to the Supreme Court.chanrobles virtual law library
Sec. 15. Publication. — These Rules shall be published in two
newspapers of general circulation within ten (10) days from its
effectivity.chanrobles virtual law library |