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1999 Internal Rules of the Court of Appeals |
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RULE
I
THE
COURT, ITS ORGANIZATION AND OFFICIALS
Section.
1. Composition of the Court
of Appeals. Unless
otherwise provided by law, the Court of Appeals is composed of a
Presiding
Justice and sixty eight (68) Associate Justices. It
shall sit en banc, or in twenty-three (23) Divisions of three (3)
Justices
each. The members of the Court
are classified into three groups according to the order of their
seniority. The
first twenty-three most senior members, including the Presiding
Justice,
shall be Chairmen of the twenty-three Divisions in consecutive
numerical
sequence. The next twenty-three
members shall be the senior members of the Divisions, while the rest
shall
be the junior members. (Sec.
1, Rule 1, RIRCA [a])
Until
the full implementation of Republic
Act No. 8246, the Court shall sit in seventeen (17) Divisions of
three
(3) justices each in Manila, as presently constituted. (n)
When
a senior member is designated to act as Chairman of a Division, he
shall
be an “Acting Chairman”. In
like manner, a junior member designated to act as senior member of a
Division
shall be an “Acting Senior Member”. (Sec.
5 [c], Rule 1, RIRCA [a])
Sec.
2. Station and Place of Holding Sessions. —
(a) Upon
full implementation of Republic
Act No. 8246, the Court shall have its permanent stations as
follows: the
first seventeen (17) Divisions shall be in the City of Manila for cases
coming from the National Capital Judicial Region and the First, Second,
Third, Fourth and Fifth Judicial Regions; the eighteenth, nineteenth
and
twentieth Divisions shall be in Cebu City for cases coming from the
Sixth,
Seventh and Eighth Judicial Regions; and the twenty-first,
twenty-second
and twenty-third Divisions shall be in Cagayan de Oro City for cases
coming
from the Ninth, Tenth, Eleventh and Twelfth Judicial Regions.
(b) Whenever
demanded by public interest, or whenever justified by an increase in
case
load, the Supreme Court, upon its own initiative or upon recommendation
of the Presiding Justice, may authorize any division of the Court to
hold
sessions periodically, or for such periods and at such places as the
Supreme
Court may determine, for the purpose of hearing and deciding
cases. (Sec.
3, R.A. No. 8246)
Sec.
3. Exercise of Powers and Functions. — The
Court of Appeals shall exercise its adjudicative powers, functions and
duties through its Divisions. It
sits en banc in the exercise of administrative, ceremonial and
non-adjudicative
functions. (Sec. 1, Rule 2,
RIRCA [a])
Sec.
4. Court En Banc. The
Court en banc shall be presided by the Presiding Justice or, in his
absence,
by the most senior Justice in attendance. A
majority of the actual members of the Court shall constitute a quorum
for
its session en banc. (Sec.
11, B.P. 129) The affirmative
vote of a majority of those in attendance and who are participating
shall
be necessary to approve any matter submitted for its consideration.
(Secs.
3 and 4, Rule 1, RIRCA [a])
Sec.
5.Matters Cognizable by the Court
En Banc. — The
Court en banc shall, inter alia:
(a)
Promulgate rules relative to the organization or reorganization of the
Divisions, 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 regrouping, merger or
abolition
of existing offices, units
or services, creation of new ones, or transfer of functions of one
office,
unit or service to another as the exigencies of the service may require;
(c)
Adopt uniform administrative measures, 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 a particular question of law
so as to reach a consensus thereon or minimize, if not eliminate,
conflict
in decisions and resolutions of the different divisions on the
interpretation
and application of a provision of law;
(e)
Take up other administrative matters which the Presiding Justice or any
member may submit 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 former members who die
after
retirement. (Sec. 2, Rule 2,
RIRCA)
Sec.
6. Division of the Court.
— A
Division of the Court shall be presided by the Chairman or, in his
absence,
by the senior member thereof. If
the substitute member is the most senior, he shall be the Acting
Chairman. (Sec.
3, Rule 1, RIRCA [a])
Sec.
7. Standing Committees. —
There shall be standing committees, each of which shall be composed of
a Chairman and at least two (2) members, all of whom shall be appointed
by the Presiding Justice with the concurrence of the Court en
banc. They
shall serve for a term of one (1) year.
The
standing committees which shall assist the Court on various matters are
the following:
(a)
Committee on Ethics and Special Concerns — On
matters involving:
(1)
Ethics and discipline of the members of the Court, its other judicial
officers
and employees. The Committee’s
tasks include the following: (1.1) identify
and address problem areas in the performance of duties of the Court to
ensure honest, effective, efficient and speedy administration of
justice;
(1.2) prepare and submit to the Presiding Justice recommendations and
suggestions
to solve the problems mentioned in the preceding paragraph; (1.3)
review
and submit comments and recommendations on reports of Investigating
Officers
on administrative complaints against officers and employees of the
Court;
(1.4) formulate and recommend policies and administrative procedures on
the discipline of Court personnel; and (1.5) perform other tasks or
duties
as may be assigned to it by the Presiding Justice or the Court. (n)
(2) Questions
involving consolidation of cases. The
Committee shall determine the propriety of the proposed consolidation
and
to make its written recommendation to the Presiding Justice within five
(5) days from referral to it.
(b)
Committee on Personnel - On matters involving personnel, such as
recruitment,
appointment, monitoring of leaves of absence, training, change of
organizational
structure, creation of positions, discipline, retirement and
termination
of services.
(c) Committee
on Budget and Finance - On
matters involving: (1) the preparation of annual budget; (2) allotment
of funds; (3) accounting; and (4) all financial transactions.
(d) Committee
on Security and Safety - On
matters involving: (1) formulation of security policies, (2)
enforcement
and implementation of safety measures such as wearing of I.D. cards,
control
of visitors, etc.
(e) Committee
on Records Management and Information Service - On matters involving
the
management of records, information, statistical data and
computerization.
(f) Committee
on Employees’ Welfare and Benefits - On matters involving: (1) creation
and maintenance of medical and dental services, (2) establishment and
operation
of a health and welfare plan, (3) establishment and supervision of
canteen
for Justices, officials and employees, cultural and sports activities,
(4) maintenance of shuttle buses and other equipment and facilities for
employees.
(g)
Committee on Legal and Research Services - On matters involving the
operations
of the Office of the Court Reporter and the Court Library, especially
in
the publication of decisions
and circulars of the Court, research on legal issues, acquisition of
new
books and research tools and
other related matters referred to it by the Court.
(h) Committee
on Buildings and Grounds - On matters involving: (1) the construction,
repairs, improvements and maintenance of buildings and grounds, and (2)
the installation of safety and necessary devices.
(i) Committee
on Purchase and Acquisition of Court Facilities, Equipment and Supplies
- On matters involving the
purchase, acquisition and maintenance and disposal of vehicles, office
equipment, supplies, books, computers and furniture, and conducting
required
biddings and awards.
(j) Committee
on Rules - On matters involving the amendments or revision of internal
rules of the Court.
(k) Committee
on Court of Appeals Journal - On the matter of maintaining and
improving
the Court of Appeals official journal.
(l)
Committee on Foreign Travels - On the matter of formulating guidelines
and determining on the basis thereof, the Justices and other judicial
officers
of the Court who are entitled or be given priority to
travel abroad on official time or business and to make the necessary
recommendations
thereon.
(m) Committee
on Baguio Cottages and Administrative Building - On matters involving
the
maintenance and improvement of the Court’s Baguio Cottages, supervision
of the employees therein and the operation of the Administrative
Building
in said City. (n)
Sec.
8. Jurisdiction and Manner
of Exercise of Adjudicative Powers of the Court by Divisions. — The
Court shall have original and appellate jurisdiction as provided for by
law.
In
the exercise and discharge of the adjudicative powers, functions and
duties
of the Court, the Divisions shall hold consultations. (Sec. 3, Rule 2
RIRCA
[a])
Sec.
9. Reorganization of Divisions.
—
(a)
Reorganization of Divisions shall be effected
whenever a permanent vacancy occurs in the chairmanship of a Division.
Assignment of Justices to the Divisions shall be in accordance with the
order of seniority. (n)
(b)
Should appointments to the Court require the creation of a new Division
or Divisions, the most ranking senior members shall be the Chairman or
Chairmen of such new Division or Divisions, and the resulting vacancies
in the senior membership shall be filled by the most ranking junior
members.
The new appointees shall be assigned to the resulting vacancies as
junior
members. (Sec. 5[a], Rule 1, RIRCA)
(c) A
permanent vacancy in the ranks of junior members shall be filled by the
most junior member as acting junior member of the Division where the
vacancy
exists pending reorganization of the Divisions, in addition to his
duties
as regular member of his current Division. (Sec. 5, Rule 1, RIRCA [a])
(d)
When 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 to constitute a Special Division of Five. In the
selection
of the additional members, the rule on equal assignment shall be
observed.
(Sec. 6, Rule 1, RIRCA [a])
Sec.
10. Other Court Officials and their Duties. —
(a)
Clerk of Court. — The Clerk of 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 supervision of the Court and exercise general or
administrative
supervision over subordinate officials and employees, except the
co-terminus
staff. He shall assist the Presiding Justice in the formulation
of
programs and policies for consideration of the Court en banc. (Sec. 11,
Rule 1, RIRCA [a])
It
shall also be the duty of the Clerk of Court to:
(1)
Disseminate information concerning court activities of public interest
and answer questions concerning the Court and official actuations of
Justices;
(2)
Answer queries from litigants, counsel and interested parties
pertaining
to the status of cases pending in the Court; and
(3)
Perform other functions as may, from time to time, be assigned to him
by
the Presiding Justice or the Court.
(b)
Assistant Clerk of 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 may be assigned to him by the Presiding Justice or the Clerk of
Court. In
case of vacancy in the position of the Clerk of Court, the Assistant
Clerk
of Court shall act as Acting Clerk of Court until his successor shall
have
been appointed and qualified; in case of absence or incapacity of the
Clerk
of Court, the Assistant Clerk of Court shall perform the duties of the
Clerk of Court, until the latter reports for duty. (Sec. 11, Rule 1,
RIRCA
[a])
(c)
Division Clerk of Court. — Each Division shall be assisted by a
staff
composed of one (1) Division Clerk of Court (Executive Clerk of Court
III),
one (1) Assistant Division Clerk of Court and such personnel as the
exigencies
of the service may warrant. The Division Clerk of Court shall be
under the direct control and supervision of the Chairman of the
Division.
The
Division Clerk of Court shall:
(1)
Direct and supervise the staff of the Division; maintain the records of
the Division in an orderly manner; keep tract of the status and
progress
of cases assigned to the Division; monitor pleadings, motions and
papers
filed with the Receiving Section of the Judicial Records Division;
update
the records of cases; examine the records of cases to be acted upon by
the Division, such as but not limited to the payment of docket and
other
legal fees, filing of briefs, memoranda and other 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, summonses, subpoenas, writs and other processes under the
authority of the Division; attend the hearings of the Division,
supervise
the stenographers in recording the proceedings and prepare the minutes
thereof; receive the decisions and resolutions of the Division for
promulgation;
and make entries of judgment;
(2)
Immediately report to the Justice concerned the failure of a party to
comply
with the resolution or order of the Court within the prescribed period;
(3)
Transmit the original and two (2) copies of the decision and resolution
to the Court Reporter within twenty-four (24) hours from promulgation;
(Sec. 11, Rule 1, RIRCA [a]); and
(4)
Perform such other duties as may be assigned by the Division Chairman.
If
only one or two Justices are left after a decision is promulgated, it
shall
be the duty of the Division Clerk of the former ponente to request the
Raffle Committee for substitution; but if no Justice is left, the Chief
of the Judicial Records Division shall make the request for raffle.
(d)
Court Reporter. — The Court
Reporter shall:
(1)
Keep custody of the originals of the decisions and final resolutions,
which
shall not be brought out of the Court premises without the written
authority of
the Presiding Justice; cause the binding thereof in separate volumes;
have
supervision and control over his staff; and distribute to the Justices
copies of decisions of first impression;
(2) Release
certified copies of decisions and resolutions only upon written
request,
payment of the proper fees and presentation of the corresponding
receipt
to the Court Reporter;
(3) Publish
in the Official Gazette and the Court of Appeals Reports Annotated
decisions
and final resolutions together with their syllabi in consultation with
the ponentes;
(4)
Separate syllabi of decisions and final resolutions of the Court that
have
become final and executory and distribute them to the members of the
Court;
(5)
Prepare and publish with each reported decision 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
(6)
Call the attention of the Presiding Justice to conflicting decisions,
in
which case the Presiding Justice shall convoke the Divisions concerned
to resolve the same. (Sec. 11, Rule 1, RIRCA [a])
Sec.
11. Appointments and Resignation
of Court Officials and Other Employees. — Appointments of the Clerk of
Court, Assistant Clerk of Court, Division Clerks of Court and Court
Reporter
shall be recommended by the Court en banc to the Supreme Court.
Appointments
of all other personnel shall be recommended by the Presiding
Justice. Upon
receipt of the Supreme Court resolution approving the recommendation,
the
Presiding Justice shall immediately issue to the appointee the
corresponding
commission evidencing the appointment. The
appointee may then take his oath and perform his duties and
responsibilities.
No
recommendee shall assume the duties of the position to which he was
recommended
for appointment before issuance of his appointment, except in
meritorious
cases and with prior approval of the Chief Justice.
For
purposes of the Civil Service Law, the commission shall serve as the
appointment
paper of the appointee and a copy thereof shall be forwarded to the
Civil
Service Commission, together with supporting papers.
All
resignations from office shall be indorsed by the Presiding Justice to
the Supreme Court for appropriate action. (Sec. 12, Rule 1, RIRCA [a])
RULE
II
RULE
ON PRECEDENCE AND PROTOCOL
Sec.
1. Concept. — 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 Supreme Court. (Sec. 7, Rule 1, RIRCA
[a])
Sec.
2. When Rule on Precedence
is Applicable. — 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 until another Presiding Justice is appointed and
has
qualified or such disability is removed;
(b)
In the determination of the chairmanship of the Divisions;
(c)
In the sitting arrangement of the Justices in all official functions;
(d)
In the choice of supporting personnel and other employees; and
(e)
In the choice of office space, facilities, equipment, transportation
and
cottages. (Rule 1, Sec. 8, RIRCA [a])
Sec.
3. When Rule on Precedence
is Not Applicable. — Precedence
in rank shall not be observed in social and other non-official
functions
nor be used to justify discrimination 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 and the
Chairmen of the Divisions. (Sec. 9, Rule 1, RIRCA [a])
Sec.
4. Ceremonial Protocol in En Banc Session and Division Hearing. -
(a)
During an en banc session the most junior member of the Court enters
first
and the Presiding Justice exits first. During a Division hearing, the
Chairman
enters and exits first, followed by the members according to seniority.
(b) As
the first Justice enters the session hall for an en banc session, the
Clerk
of Court announces: “The Honorable Court of Appeals En Banc, presided
by
Mr./Madame Presiding Justice _____________, is now in session. Silence
is enjoined.” With that announcement and after he reaches his chair,
the
Presiding Justice bangs the gavel. All shall then take their
seats.
In
Division hearings, the Division Clerk of Court announces: “The ________
Division of the Honorable Court of Appeals, presided by its Chairman,
Mr./Madame
Justice _______, is now in session. Silence is enjoined.” With
that
announcement and after he reaches his chair, the Chairman bangs the
gavel.
All shall then take their seats.(n)
Sec.
5. Conduct of Hearing in Divisions. - The Chairman controls the
proceedings
during the hearing. He shall rule on all motions and objections
interposed
therein in consultation with the members. He may, however, yield
the conduct of the proceedings to any member who shall exercise the
powers
of the Chairman. (n)
Sec.
6. Attendance of Justices in
Hearings. — Except where a hearing to receive the evidence
of the parties is referred by a Division to one of its members, the
members
of a Division shall be present at all hearings of the Division,
otherwise
the hearings shall be postponed. Unexplained or unjustified
absence
shall be a ground for disciplinary action.
RULE
III
PROCEDURE
IN RECEIVING, ASSIGNMENT AND DISTRIBUTION OF CASES
Sec.
1. Manner of Filing; Duty of
Receiving Section. —
(a)
Pleadings, motions and other papers shall be filed with the Receiving
Section
of the Judicial Records Division of the Court. (Sec. 3,
Rule
3, RIRCA [a]).
(b)
Upon receipt of the pleadings, motions or other papers filed by
personal
delivery, the Receiving Section shall forthwith legibly stamp on the
first
page thereof the exact date and hour of such receipt, duly signed by
the
receiving clerk. (Sec. 3(b), Rule 3, RIRCA [a])
(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
paper
the date of receipt thereof by the Court, the fact that the same was
received
by registered mail and the date of posting thereof, duly signed by the
receiving clerk. The corresponding envelope or portion thereof
showing
the date of posting and registry stamp shall be attached to the rollo.(Sec.
(c), Rule 3, RIRCA [a])
(d)
Pleadings, motions and other papers may also be filed by ordinary mail,
private messengerial service or any mode other than personal delivery
and
registered mail as may be allowed by law or the Rules. However,
they
shall be deemed filed on the date and time of receipt by the Court,
which
shall be legibly stamped by the receiving clerk on the first page
thereof
and on the envelope containing the same, and signed by him. (Sec.
4, Rule 3, RIRCA[a])
Sec.
2. Raffle of Cases. --
(a) Assignment
of cases to a Justice, whether for completion of records or for study
and
report, shall be by raffle, subject to the following rules:
(1)
Appealed cases for completion of records shall be raffled to individual
Justices; (Sec. 5(a), Rule 3, RIRCA [a])
(1.1)
Records are deemed completed upon filing of the required briefs or
memoranda
or the expiration of the period for the filing thereof and resolution
of
all pending incidents. Thereupon,
the Division Clerk of Court shall report the case to the Justice
concerned
for the issuance of a resolution declaring the case submitted for
decision
and referring the same to the Raffle Committee for raffle to a Justice
for study and report; (Sec. 5(b), Rule 3, RIRCA [a])
(1.2.) After
such raffle, all incidents shall be referred to the Justice to whom the
case is assigned for study and report, except in cases where there are
missing transcripts of stenographic notes or other parts of the
records,
in which event, the case shall be returned to the Justice for
completion
of records; (n)
(2)
Petitions for review under Rules 42 and 43 and Sec. 3 (b) of Rule 122,
annulment of judgments under Rule 47, special civil actions under Rules
65, 66 and 71, and habeas corpus under Rule 102 of the Rules of Court
shall
be raffled to a Justice for completion, study and report; (n)
(3)
When a Justice to whom a case is raffled for study and report inhibits
himself, is suspended or is on leave of absence for at least six (6)
months,
the case shall be re-raffled courtwide to another Justice, with right
of
replacement of another case of similar nature and status. (Sec. 5(d),
Rule
3, RIRCA[a])
(b)
Raffle of cases for completion of records under paragraph (a)(1) of
this
section shall be open to the public and conducted in chronological
order
every working day at 10:30 a.m. Raffle
of cases for study and report under paragraph (a)(1.1) or the re-raffle
thereof under paragraph (a)(3) shall be confidential.
Petitions,
actions and proceedings under paragraph (a)(2) shall be raffled to a
Justice
and shall be undisclosed to the parties to the case and the public.
(Sec.
6, Rule 3, RIRCA [a])
(c)
Raffle of cases shall be conducted by the Raffle Committee composed of
all the Justices of the Division chosen for the day which, in turn,
shall
choose by raffle the Raffle Committee for the following working day.
The
members of the Raffle Committee who are present shall be exempt from
assignment
of cases for the day. In the event that one or more members of
the
Raffle Committee is/are absent or not available, the Raffle Staff shall
report the matter to the Presiding Justice who shall thereupon choose
by
raffle the members which shall constitute the Raffle Committee for the
day.
The
staff of the Raffle Committee as designated by the Presiding Justice
shall
be under his direct control and supervision. (Sec. 6(b), Rule 3,
RIRCA[a])
(d)
No special raffle shall be conducted except for urgent necessity
therefor
as determined and authorized in writing by the Presiding Justice, or in
his absence or unavailability, the most senior Justice present.
The
special raffle shall be confidential and shall be conducted during
office
hours by the Raffle Committee for the day or any of its members.
In their absence, the Presiding Justice may personally conduct the
raffle
or assign another Justice to do so. (Sec. 6(e), Rule 3, RIRCA [a])
(e) To
ensure equality in the number and nature of the cases assigned to the
Justices,
the Raffle Staff shall prepare separate lists of cases under the
following
categories:(1) appealed civil cases;
(2) appealed criminal cases; (3) appealed criminal cases involving
detention
prisoners; (4) appealed special civil actions; (5) appealed special
proceedings;
(6) habeas corpus; (7) annulment of judgments; (8) petitions for review
of the decisions of the Court of Tax Appeals and quasi-judicial
agencies;
(9) petitions for certiorari, prohibition and mandamus; (10) cases
involving
substitution of a ponente or designation of Justices to fill vacancies
in a Division or to create a Special Division of Five; and (11)
administrative
cases referred by the Supreme Court to the Court. (Sec. 6(c),
Rule
3, RIRCA [a])
(f)
The Raffle Staff shall furnish the Justices with the result of the
raffle
not later than the following working day. The
result of the raffle intended to be undisclosed shall be held in
strictest
confidence by everyone concerned. (Sec. 6(f), Rule 3, RIRCA [a])
(g)
Only civil and criminal cases not involving detention prisoners shall
be
raffled to the Presiding Justice in the ratio of 1:4. (n)
(h)
A Justice with an approved leave of absence exceeding thirty (30) days
shall be exempt from the raffle of cases for the period covered
thereby.
(Sec. 6(h), Rule 3, RIRCA [a])
(i)
The Raffle Committee shall be furnished with a copy of the
approved
leave of absence of a Justice at least a day before its commencement.
In
case of unavoidable circumstances, a written notice of his absence from
the Justice or an authorized member of his staff must be served on the
Raffle Committee not later than 9:30 a.m. of the day that said Justice
cannot report for work. Within two (2) working days from the written
notice,
a formal leave of absence of said Justice, duly approved by the
Presiding
Justice, shall be filed with the Raffle Staff.
The
Raffle Staff shall report the failure of a Justice to file said formal
leave of absence to the Presiding Justice, who shall then direct the
Raffle
Committee to include said Justice in the succeeding raffle of cases for
raffle to him of such number and nature of cases which should have been
assigned to him were it not for the aforesaid notice. (n)
(j)
A Justice shall be excluded from raffle of cases three (3) months
before
his retirement. (Sec. 6(i), Rule 3, RIRCA [a])
(k)
Within three (3) months from retirement or cessation from office of a
Justice,
his pending cases shall be raffled to the other Justices, except those
cases which must be raffled among the remaining members of the Division
who participated therein, unless otherwise directed by the Presiding
Justice.
(n).
Sec.
3. Consolidation of Cases.
— When related cases are assigned to different Justices, they may
be consolidated and assigned to one Justice.
(a)
At the instance of a party with notice to the other party; or at the
instance
of the Justice to whom the case is assigned, and with the conformity of
the Justice to whom the cases shall be consolidated, upon notice to the
parties, consolidation may be allowed when the cases involve the same
parties
and/or related questions of fact and/or law.
(b)
Consolidated cases shall pertain to the Justice –
(1)
To whom the case with the lowest docket number is assigned, if they are
of the same kind;
(2)
To whom the criminal case with the lowest docket number is assigned, if
two or more of the cases are criminal and the others are civil or
special;
(3)
To whom the criminal case is assigned and the others are civil or
special;
and
(4)
To whom the civil case is assigned, or to whom the civil case with the
lowest docket number is assigned, if the cases involved are civil and
special.
(c)
Notice of the consolidation and replacement shall be given to the
Raffle
Staff and the Judicial Records Division. (Sec. 7, Rule 3, RIRCA
[a])
Sec.
4. Replacement of Cases. –
(a) When
cases pertaining to different Justices are consolidated, the Justice to
whom the consolidated cases are assigned may transfer to the Justice,
from
whom the consolidated case was taken, a case of his own in exchange for
the re-assigned case, which should as much as possible be of similar
nature
and status as the one replaced. (Sec. 7, Rule 3, RIRCA [a])
(b) If
a ponente voluntarily inhibits himself or is disqualified, the Justice
to whom the case is re-raffled may transfer to the former another case
of similar nature and status. (n)
(c) A
case in which any of the actions or proceedings mentioned in Sec. 2(d),
Rule VI hereof has been taken shall not be given as replacement. (n)
(d) If
the replacement is acceptable, the Justice to whom a replacement case
is
delivered shall send the rollo of the same to the Raffle Staff which
shall
indicate on the cover of the rollo that it is a replacement case naming
therein the Justice to whom it is given. (n)
Sec.
5. Distribution of Cases Upon
Appointment of a New Justice. – Upon appointment and assumption to
office
of a new Justice, he shall be assigned an initial caseload equal to the
average caseload of an incumbent Justice as shown in the latest report
of the Information and Statistical Data Division. The initial caseload
shall first be taken from the unre-assigned cases submitted for
decision
left behind by a Justice who retired from the service or otherwise
ceased
to be a member of the Court, and then from those unloaded by the
incumbent
Justices of such number and nature as determined by the Presiding
Justice.
(n)
Sec.
6. Disposition of Pending Cases When a Justice Ceases to be a Member of
the Court. –
(a) When
a Justice retires, is promoted or otherwise ceases to be a member of
the
Court, he shall, within thirty (30) days therefrom, submit to the
Presiding
Justice a complete inventory of cases assigned to him, copy furnished
the
Clerk of Court, the Judicial Records Division and the Raffle
Staff. Within
the same period, the records of said cases shall be forwarded to the
Judicial
Records Division. (n)
(b) Cases
submitted for decision and other pending cases which are left behind by
a Justice who retires, is promoted or otherwise ceases to be a member
of
the Court, but are not included in the initial caseload of a newly
appointed
Justice, shall be re-raffled courtwide among all the sitting Justices.
(n)
Sec.
1. Procedure in the Disposition
of Pleadings, Motions and Other Papers. –
(a) Within
two (2) working days, all pleadings, motions and other papers filed
with
the Receiving Section of the Judicial Records Division shall be entered
in the docket book, stitched to the rollo of the case, paged
consecutively
and then forwarded to the Division Clerk of Court concerned.
(b) If
the Division Clerk of Court has no authority to act on such pleadings,
motions and other papers, he shall prepare the agenda and submit the
same
to the Division, thru the Justice concerned, within three (3) working
days
from receipt in his office of the rollo, together with the pleadings,
motions
or other papers.
(c) The
Division Clerk of Court shall state in the agenda, with page
references,
the antecedents of the case which are necessary for an understanding
thereof,
a synopsis of the motion or incident and the opposition thereto, if
any,
the issues involved and his remarks or recommendations. (Rule 3, Sec.
12,
RIRCA [a])
Sec.
2. Action by the Presiding Justice. – When
a petition involves an urgent matter, such as an application for writ
of
habeas corpus or temporary restraining order, and there is no way
ofconvening
the Raffle Committee or calling any of its members, the Presiding
Justice
may conduct the raffle or act on the petition, subject to raffle on the
next working day in accordance with Rule III hereof. (n)
Sec.
3. Action by the Division Clerk
of Court. — Unless
disauthorized by the Chairman in consultation with the members of the
Division,
the Division Clerk of Court may, within three days from date of receipt
of motions, pleadings, Judicial Records Division reports and other
communications
by his office, without need of an agenda, perform the following:
(a) Require
proof of receipt of copies of briefs, pleadings, motions and other
papers
by the parties;
(b) Enter
judgment upon finality of a decision or final resolution;
(c) Require
the parties to submit the required number of copies of their pleadings
and/or legible copies of the assailed decision or order;
(d) Note
the formal entry of appearance of counsel;
(e) Note
the substitution of counsel, provided it is accompanied by a written
conformity
of the client; if there is no such written conformity, to require the
counsel
to submit the same;
(f) Note
notices of change of address of counsel, parties and firm name;
(g) Require
the stenographic reporter concerned, in case of unsigned transcripts of
stenographic notes, to sign the same in this Court, if he is within
Metro
Manila; or to furnish the stenographic reporter concerned with a copy
of
the unsigned transcripts and to require him to submit a certification
attesting
to the authenticity and correctness of said unsigned transcripts within
five (5) days from notice, if he is outside Metro Manila;
(h) Send
letter-tracers to the postmaster concerned for the submission of the
official
date of receipt of decisions and resolutions by the parties;
(i) Note
the compliances of stenographic reporters, branch clerks of court and
postmasters;
(j) Send
copies of decisions and resolutions directly to the parties in case the
same, which were originally addressed to their counsel, have been
returned
with the postal notation: "Deceased" or other words of similar
import;
and
(k) Cause
personal service of temporary restraining orders and writs of
preliminary
injunction on counsel and parties, if within Metro Manila, and by
telegram,
to be followed by either special registered speed mail or airmail, if
outside
Metro Manila. (Rule 3, Sec. 8, RIRCA[a])
Sec.
4. Processing of Ordinary Appeals.
–
(a) In
Civil Cases. –
(1)
Upon receipt of the original record, whether by personal delivery or by
mail, the Civil Cases Section of the Judicial Records Division shall
immediately:
(1.1)
Check proof of payment of the full amount of the appellate court docket
and other lawful fees and deposits for costs to the clerk of court of
the
court which rendered the appealed judgment or order;
(1.2) Check
if all the documents and papers required under the Rules of Court have
been transmitted, prepare the corresponding rollo, docket the case and
assign the corresponding CA-G.R. CV number;
(1.3) Submit
the case to the raffle staff for inclusion in the list of cases for
raffle;
(1.4) After
the raffle, report to the Division Clerk of Court concerned the lacking
portions of the records for appropriate action, if the records
transmitted
are incomplete;
(1.5) Write
the branch clerk of the court which rendered the appealed judgment or
order,
copy furnished the appellant, 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;
and
(1.6) Within
ten (10) days from completion of the records, issue a notice to file
appellant’s
brief within forty-five (45) days from receipt thereof. The
notice
shall require that a certified true copy of the appealed decision or
order
be appended to the brief. (Sec. 2, Rule 4, RIRCA [a])
(2) If
the records are being transmitted personally, the Civil Cases Section
shall
immediately examine the same in the presence of the filer and, if
incomplete,
issue a list of the missing portions. [n]
(3)
If the transcript of stenographic notes are incomplete, the Civil Cases
Section shall send a notice to the stenographic reporter concerned to
submit
the missing transcripts within thirty (30) days from notice. A
notice
shall also be issued to the appellant’s counsel with a warning that
failure
on his part to take the necessary steps to complete the transcripts
within
thirty (30) days from notice may result in the dismissal of the appeal.
(Rule 4, Sec. 2, RIRCA [a])
(4) 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 Division. (Sec. 3, Rule 4, RIRCA)
(5) When
Case Deemed Submitted. – After
the briefs have been filed or the period for their filing has expired,
the Judicial Records Division shall immediately forward the rollo to
the
Division Clerk of Court with a certification that the records of the
case
are complete. The Division Clerk of Court shall then report to
the
Division that the case may be deemed submitted for decision.(n)
(b) In
Criminal Cases. –
The
original records of criminal cases shall be processed by the Criminal
Cases
Section in accordance with this Section, insofar as applicable, and
assigned
a corresponding CA-G.R. CR number. (Sec. 2, Rule 5, RIRCA [a])
(1)
Docket and Other Lawful Fees and Deposit for Costs. – No payment
of docket and other lawful fees, and deposit for costs shall be
required
in criminal cases except in petitions for review of criminal cases and
appeals from confiscation or forfeiture of bail bonds. (Rule 5, Sec. 3,
RIRCA [a])
(2)
Appeals from Confiscation of Bond. – 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 re-captioned
“Republic
of the Philippines, plaintiff-appellee, versus (the name of the
bondsman/surety),
defendant-appellant”. (Sec. 7, Rule 5, RIRCA)
(3)
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]
Sec.
5. Processing of Petitions for Review and Original Actions.
-
(a)
The petition shall be accompanied by an amount sufficient to cover
payment
of the prescribed docket and other lawful fees and deposit for costs,
unless
the petitioner is exempt from such payment and deposit. (Sec. 1, Rule
6,
RIRCA [a])
(b)
Upon 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. Upon payment of
the
full docket fee, the Special Cases Section shall assign the petition a
docket number, otherwise a UDK-SP number. A notation of the payment or
non-payment of the other lawful fee and deposit for costs 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 Justice concerned of the non-payment of the docket fee
and
other lawful fees and deposit for costs or the insufficiency thereof.
(Sec.
1[b], Rule 6, RIRCA [a])
(c)
Certiorari, Prohibition, Mandamus and Quo Warranto. - The provisions of
Rule 46 as far as applicable, Rules 65 and 66 of the Rules
of Court shall govern petitions for certiorari, prohibition and
mandamus
and petitions for quo warranto, respectively. (n)
(d) Habeas
corpus. - The provisions of
Rule 102 of the Rules
of Court shall govern petitions for habeas corpus. (n)
RULE
V
Sec.
4. Action on Inhibition. – The action on the inhibition shall be
attached to the rollo and paged. (n)
Sec.
5. Right of Replacement – When a Justice inhibits himself from a case,
the Justice to whom it is raffled can replace it with another case of
similar
nature and status, subject to Sec. 4 (d), Rule III. (n)
(d) When,
in an original action or petition for review, any of these actions or
proceedings,
namely: (1) giving due course; (2) granting writ of preliminary
injunction;
(3) granting new trial; and (4) granting execution pending appeal have
been taken, the case shall remain with the Justice to whom the case is
assigned for study and report and the Justices who participated
therein,
regardless of their transfer to other Divisions.
(e) If
only one member of the Division who participated in any of the actions
or proceedings mentioned in the preceding paragraph remains, the Raffle
Committee shall automatically assign the case to him;
(f) Where
the composition of a Division which decided a case has changed, the
Division
which shall subsequently act on the case shall be called the Former
(No.)
Division; and (Sec. 2, Rule 8, RIRCA [a])
(g) If
the ponente is no longer a member of the Court but at least one member
of his Division remains, the Division Clerk of Court of the former
shall
request the Raffle Committee for substitution of said ponente.
However,
if all the members of said Division are no longer with the Court, the
Judicial
Records Division shall make said request. (n)
Sec.
3. Power of the Court to Receive
Evidence. —
The
Court may receive evidence in the following cases:
(a) In actions falling within its original jurisdiction, such as: (1) certiorari, prohibition and mandamus under Rules 46 and 65 of the Rules of Court; (2) action for annulment of judgment or f