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