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This web page contains the full text of the
1999 Internal Rules of the Court of Appeals

 
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2002 Internal Rules of the Court of Appeals
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1999 INTERNAL RULES OF THE COURT OF APPEALS (IRCA)
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 library chan 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

(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

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