December 2009 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[A.M. NO. 09-11-11-CA : December 15, 2009]
RE: 2009 INTERNAL RULES OF THE COURT OF APPEALS
Quoted hereunder, for your information, is a resolution of the Court En Banc dated December 15, 2009
"A.M. No. 09-11-11-CA (Re: 2009 Internal Rules of the Court of Appeals). - The Court Resolved to
(a) NOTE the
(i) Letter dated November 3, 2009 of Presiding Justice Conrado M Vasquez, Jr. of the Court of Appeals, forwarding the 2009 Internal Rules of the Court of Appeals (2009 IRCA); and
(ii) Letter dated December 10, 2009 of the Ad Hoc group, composed of Justices Lucas P. Bersamin, Mariano C, Del Castillo and Roberto A. Abad, recommending the approval of the said 2009 IRCA, subject to changes in some wordings for greater clarity;
(b) APPROVE the 2009 IRCA, subject to the aforementioned changes in the wordings; and
(c) DIRECT the Presiding Justice Vasquez, Jr. to CAUSE the publication of the 2009 IRCA, as revised." (adv46)
(SGD.) MA. LUISA D.VILLARAMA
2009 INTERNAL RULES OF THE COURT OF APPEALS
Contents
Rule I: The Court, Its Organization and Officials
Rule II: Rule on Precedence and Protocol
Rule III: Procedure in Receiving, Assignment and Distribution of Cases
Rule IV: Processing of Cases and Action on Interlocutory Matters
Rule V: Inhibition of Justices Rule VI: Process of Adjudication
Rule Vl: Entry of Judgment and Remand of Cases
Rule VIII: Miscellaneous Provisions
Pursuant to Section 12 of the Judiciary Reorganization Act of 1980 (Batas Pambansa Big. 129), as amended, the Court of Appeals hereby adopts and promulgates these rules governing its internal operating procedures. These rules shall be known and may be cited as the 2009 INTERNAL RULES OF THE COURT OF APPEALS (2009 IRCA.
RULE I THE COURT, ITS ORGANIZATION AMD OFFICIALS.
SEC. 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 date and sequence of the appointment of the Justices determine their seniority courtwide.
When a senior member is designated to act as Chairperson of a Division, he/she shall be an "Acting Chairperson". In iike 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]).
The Presiding Justice shall immediately issue to the appointee the corresponding commission evidencing the appointment. The appointee may then take his/her oath and perform his/her duties and responsibilities.
No recommendee shall assume the duties of the position to which he/she was recommended for appointment before issuance of his/her appointment except in meritorius cases and with prior approval of te Chief Justice.
For purposeof the Civil Service Law, the commission shall serve as the appointment paper of the appointee and a copy thereof shall be forwaded 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 ail official functions. The Associate Justices shall have precedence according tu 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/ her absence or inability to perform the powers, functions and duties of his/ her office, the Associate Justice who is first in precedence shall perform his/her powers, functions and duties until another Presiding Justice is appointed and has qualified or such disability is removed;
(b) In the determination of the Chairpersonship of the Divisions;
(c) In ttie sitting arrangement of the Justices in all official functions;
(d) In the choice of supporting peisonuel and other employees; and
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/her place and the Chairpersons of the Divisions. (Sec. 9, Rule 1, RIRCA [a])
(e) In the choice of office space, facilities, equipment, transportation and cottages. (Rule 1, Sec. 8, RIRCA [a])
SEC. 4. Ceremonial Protocol hi En Banc Session and Division hearing. �
(a) During an en Banc session, the most junior member of ttie Court enters first and tiie Presiding Justice exits first. During a Division hearing, the Chairperson enters and exits tirst. 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/she reaches his/her 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 Chairperson, Mr./Madame Justice ___________, is now in session. Silence is enjoined." With that announcement and after he/she reaches his/her chair, the Chairperson bangs tht gavel All shall then take their seats, (n)
SEC. 5. Conduct of Hearing in Divisions. � The Chairperson controls the proceedings during the hearing. He/She shall rule on all motions and objections interposed therein in consultation with the members. He/ She may, however, yield the conduct of the proceedings to any member who shall exercise the powers of the Chairperson, (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, ASSIGNING AND DISTRIBUTING 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 dale 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, RIRGA [a])
(ci) 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 She envelope containing the same, and signed by him/her. (Sec. 4, Rule 3, RIRCA[a])
SEC. 2. Raffle of Cases. �
(a) Cases shall be assigned to a Justice by raffle for completion of records, study and report, subject to the following rules:
(!) Cases, whether original or appealed, shall be raffled to individual justices;
(1.1) Records are deemed completed upon filing of the required pleadings, briefs or memoranda or the expiration of the period for the filing thereof and resolution of all pending incidents. Upon such completion, 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.
(b) When a Justice to whom a case is assigned inhibits himself/ herself, Is suspended, or is on leave of absence for at least stx (6) consecutive months, the case shall be re-raffled to another Justice In the same station, and in the latter case, upon motion of any of the parties, both with right of replacement with another case of similar nature and status. (a)
(c) Raffle of cases shall be open to the public and conducted in chronological order every working day at 10:30 A.M.
(d) Raffle of cases shall be conducted by the Raffle Committee composed of all the Justices of ttie Division chosen for the day which, in turn, shall choose by raffle [lie 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 Piesiding Justice or the Executive Justice, as the case may be, who shall thereupon choose by raffle the members who shall constitute the Raffle Committee for the day.
The staff of the Raffle Committee, as designated by the Presiding Justice, shall be under his/her direct control and supervision. (Sec. (b), Rule3, RIRCA[a])
(e) No special raffle shall be conducted except for urgent necessity therefor as determined and authorized in writing by the Presiding Justice or the Executive Justice, as the case may be, or in his/her absence or unavailability, the most senior Justice present. The special raffle shall be conducted during office hours by the Raffle Committee for the day or any of its members. In their absence, the Presiding Justice or the Executive Justice, as the case may be, may personally conduct the raffle or assign another Justice to do so. (Sec. 6(e). Rule 3, RIRCA [a])
(f} 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, ordinary and heinous 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 quasi-judicial agencies; (9) petitions for certioiari, prohibition and mandamus; (10) petitions for amparo; (11) petitions for habeas data; (12) anti-money laundering cases; (13) cases involving subsiiiution of a ponenle or designation of Justices to fill vacancies in a Division or to cieale a Special Division of Five; and (14) administrative cases referred by the Supreme Court to the Court. (Sec. 6(c), Rule 3, RIRCA[a]).
Justices who are assigned administrative cases directly by the Supreme Court shall report such assignment to the Raffle Staff for record and/or credit purposes.
(g) The Raftle Staff shall furnish the Justices with the result of the raffle not later than following working day (Sec 6(f), Rule 3 RIRCA [a])
(h) Only criminal cases not involving detention prisons .rand civil cases shall be raffled to the Presiding Justice or the Executive Justice which shall be in the ratio of 1:4 and 3:4, respectively, (n)
(i) A Justice with an approved ieave of absence exceeding fifteen (15) working days shall be exempt from tl ie raffle of cases for the period covered thereby- (Sec. 6(h), Rule 3, RIRCA [a])
(j) 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/her absence from the Justice or an authorized member of his/her 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, shail 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 Raffia Committee to include said Justice in the succeeding raffle of cases for raffle to him/her of such number and nature of cases which should have been assigned to him/her were it noi for the aforesaid notice.
(k.) A justice shall "be excluded from the raffle of cases three (3) months before his/her retirement. (Sec. 6(i), Rule 3, RIRCA [a])
SEC. 3. Consolidation of Cases. � When related cases are assigned to different Justices, they shall be consolidated and assigned to one Justice-fa) Upon motion of a party with notice to the other party/ies, or at the instance of the Justice to whom any uf the related cases is assigned, upon notice to the patties, consolidation shall ensue when the cases involve the same parties and/or related questions of fact and/or law.
(a) Upon motion of a party which notice to the other party/ies, or at the instance of the Justice to whom any of the related cases is assigned, upon notice to the parties, consolidation shall ensure when the cases involve the same parties and/or related questions of facts 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) In cases of consolidation involving petitions for writ of amparo and writ of habeas data, the provisions of Sec. 23 of A.M. No. 07-9-12-SC and Sec. 21 of A.M. Mo. 08-1-16-SC, respectively, shall apply.
(d) Notice of the consolidation and replacement shall be given to ttie 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 have been assigned may transfer to the Justice from whom the consolidated case was taken a case of his/her 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/herself or is disqualified, the Justice to whom the case is re-raffled may transfer to ttie former a 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 re-assigned shall send the rollo thereof to the Raffle Staff which shail indicate on the cover of the rolio that it is a replacement case, naming therein the Justice lo whom it is reassigned, (n).
SEC. 5. Distribution of Cases Upon Assumption of a Newly Appointed or Transferred Justice. � Upon assumption of a Newly Appointed or Transferrad Justice. - Upon assumption of a newly appointed or transferred Justice, he/she shall lie assigned, as his/her initial caseload, all cases at whatever stage left by a Justice who retired, was transferred, was promoted or otherwise ceased to be a member of the Court, provided that the Presiding Justice shall have the discretion to make adjustments as may be necessary in the interest of the service.
SEC. 6. Disposition of Pending Cases When a Justice Cases to be a Member of the Court. �
When a Justice retires, is transferred, promoted or otherwise ceases to be a member of the Couit, he/she shall submit to the Presiding Justice within thirty (30) days, a complete inventory of his/her pending cases, 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)
RULE IV
PROCESSING OF CASES AND ACTION ON INTERLOCUTORY MATTERS
SEC. 1. Procedure in the Disposition of Pleadings, Motions and Other Papers. �
Within two (2) working days, all pleadings, motions and other papers filed with the respective docket sections of tiie Judicial Records Division shall be entered in the docket book, stitched to the roih of the case, paged consecutively and then forwarded to the Division Cieik of Court concerned.
If the Division Clerk of Court has no authority to act on such pleadings, motions and other papers, he/she shall prepare the agenda and submit the same to the Division, thru the Justice concerned, within three (3) working days from receipt in his/her office of the rotlo, together with the pleadings, motions or other papers.
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 nf [he motion or incident and the opposition thereto, if any, the issues involved and his/her remarks or recommendations. (Sec. 12, Rule 3, RIRCA[a])
SEC. 2. Action by the Presiding Justice or Executive Justice. � When a petition involves an urgent matter, such as an application for writ of habeas corpus, amparo or habeas data or for temporary restraining order, and there is no way of convening the Raffle Committee or calling any of its members, the Presiding Justice or the Executive Justice, as the case may be, or in his/her absence, the most senior Justice present, may conduct the raffle ' or act on the petition, subject to raffle in the latter case on the next working day in accordance with Rule III heieof. (n)
(AMLA cases are limited to the first three most senior Justices as stated In the law and are raffled by the Chairmen of the First, Second and Third Divisions to the memheis of their Divisions only.) [n]
SEC. 3. Action by the Division Clerk of Court � (a) Unless advised to the contrary by the Chairperson in consultation with the members of the Division, the Division Clerk of Court shall, within three days from receipt of motions, pleadings, Judicial Records Division reports and other communications by his/her office, without need of an agenda, perform the following:
Require proof of receipt of copies of briefs, pleadings, motions and other papers by the parties;
Require the parties to submit the required number of copies of their pleadings and/or legible copies of the assailed decision or resolution;
Note the format entry of appearance of counsel;
Note the substitution of counsel, provided it is accompanied by the written conformity of the client, If there is no such written conformity, require the counsel to submit the same;
Note the substitution of counsel, provided it is accompanied by the written conformity of the client. If there is no such written conformity, require ithe counsel to submit the same;
In case of unsigned transcripts of stenographic notes, require the stenographic reporter concerned to sign the same in the Court, if he/she is within Metro Manila, Metio Cebu or Cagayan de Oro City, as the case may be, or, if he/she is outside those areas, to furnish the stenographic reporter concerned with a copy of the unsigned transcripts with a directive to submit a certification attesting fo the authenticity and correctness of said unsigned transcripts within five (5) days from notice.
Send letter-tracers to the postmaster concerned for the submission of the official date of receipt of decision and resolutions by the parties;
Note the compliances of stenographic reporters, branch clerks of court :and postmasters;
Send copies of decisions and resolutions directly to the parties in lease the same, which were originally addressed to their counsel, have been returned with the postal notation: "Deceased" or other words of similar import, and
Cause personal sen/ice of temporary restraining orders and writs of preliminary injunction on counsel and parties, if within Metro Manila, Metro Cebu or Cagayan de Oro City, as the case may be, or if outside those areas iby telegram, to be followed by either special registered speed mail or airmail. (Sec. 8, Rule 3, RIRCA[a])
Actions taken by the Division Clerk of Court without need of an agendum or witliout prior consent of Kid Division shall be reported to the justice to whom the case is assigned for appropriate action.
(b) Within five (5) days after having verified the finality of a decision or resolution, the Division Clerk of Court shall report such fact in writing to the Division, after which the Division shall direct the issuance of the entry of judgment by minute resolution. Said entry shall be effected within three (3) working days from promulgation of the resolution.
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 Clark 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/her to get the records personally from the Cow t 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 liie appealed decision or order be appended to the brief. (Sec. 2, Rule 4, R1RCA [a])
(2) If the records are being transmitted personally, the Civil Cases Section shall immediately examine the same in the presence of the filerand, if incomplete, issue a list of the missing poitions. [n]
(3) If the transcript of stenographic notes aie 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/her pail to lake the necessary steps to complete the transcripts within thirty (30) days from notice may lesult in the dismissal of the appeal, (Sec. 2. Rule 4, RIRCA[a])
(4) Issuance of Notices. All notices mentioned in this Rule shallbe issued in the name of the Clerk of Court by the Chief, Judicial Records Division or by the Division Clerk of Court. (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 folio 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 lhat 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.U. 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 fur review of criminal cases and appeals from confiscation or forfeiture of bail bonds. (Sec. 3, Rule 5, 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. f, Rule 5, RIRCA)
(3) Appeals from Contempt of Court Appeals from orders finding a person in indirect contempt of couil si sail 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 deposit for costs, the Special Cases Section shall immediately:
(1) Check if all the pleadings and documents required under the Rules of Court are attached to the petition, prepare the rollo, record the same in the docket book for special cases and assign the corresponding CA-G.R. SP number or UDK-SP number;
(2) Make a notation of tiie payment or non-payment of the docket and other lawful fees and deposit for costs or the insufficiency thereof on the first page of the rollo;
(3) Forward the rollo to the Raffle Staff for assignment to a justice for appropriate action;
(c) Certiorari, Prohibition, Mandamus and Quo Warranto. � The provisions of Rule 46, as far as applicable and, Rules 65 and 66 of the Rules of Court shall govern pelitions for certioiari, 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 pelitions for habeas corpus, (n)
(e) Amparo. � The provisions of A.M. No. 07-9-12-SC shall govern petitions for writ of amparo.
(f) Habeas Data. � The prov isions of A. M. No. 08-1-16-SC shall govern petitions for writ of habeas data.
(g) Anti-Money Laundering. � The provisions of A.M. No. 05- 11-04-SC shall govern anti-money laundering cases.
(h) Special Cases on Appeal. - The original records of special cases on appeal shall he processed by the Special Cases Section in accordance with Sec. 4 of this Rule, insofar as the procedure for the processing of ordinary civil cases are applicable, and assigned a CA-G.R. SP number.
RULEV
INHIBITION OF JUSTICES
SEC. 1. Mandatory Inhibition of Justices. � When a Justice is disqualified under any of the grounds enumerated in the first paragraph of Sec. 1, Rule 137 of the Rules of Court and in Rule 3.12 of the Code of Judicial Conduct, he/she shall immediately notify the Raffle Committee and the members of his/her Division, (n)
SEC. 2. Voluntaiy Inhibition of a Justice �An inhibition of a Justice, whether mandatory or voluntary, must be made within ten (10) working days from his/her discovery of a just and valid reason to inhibit.
Copies of the action of the Justice shall be furnished to the other members of the Division, the Presiding Justice, the Raffle Committee and the Division Clerk of Court. (n)
SEC. 3. Motion to Inhibit a Division or a Justice. � A motion for Inhibition must be in writing and under oath and shall state the grounds therefor.
A motion for inhibition of a Division or a Justice must be acted upon by the Division or the Justice concerned, as the case may be, within ten (10) working days from its/his/her receipt thereof except when there is an application for a temporary restraining order, in which case, the motion must be acted upon immediately.
No motion for inhibition of a Justice or a
Division will be granted after a decision on the merits or substance of
the case has been rendered or issued by any Division except for a valid
or just reason, e.g. allegation of corrupt motives. [Pursuant to AM No.
02-6-13-CA dated June 19, 2007 of the Supreme Court] (n)
One who files a motion for inhibition without basis and manifestly for
delay may be cited in contempt of court. A lawyer who assists in the
filing of such baseless and dilatory motion may be referred by the
Justice concerned or by the Court motu proprio to the Supreme Court for
appropriate disciplinary action.
SEC. 4. Action on Inhibition. � The action on the inhibition shall be attached to the rollo and paged.
SEC. 5. Right of Replacement. � When a Justice inhibits himself/herself from a case, Ihe Justice to whom it is raffled may replace it with another case of similar nature and status, subject to Sec. 4 (c), Rule ill. (n)
RULE VI
PROCESS OF ADJUDICATION
SEC. 1. Justice to whom a Case is Assigned. � Every case assigned to a Justice, whether appealed or original, shall be retained by him/her even if he/she is transferred to another Division in the same station (Sec. 2, Rule 8, RIRCA [a]). Adjudication of cases shall be made by the Justice to whom the case is assigned and the members of his/ her Division except as provided hereunder.
Members shall have five (5) working days from receipt of the draft report to make their concurrence or dissent, (n)
SEC. 2. Justices Who May Participate in the Adjudication of Cases. � In the determination of the two other Justices who shall participate in the adjudication of cases, the following shall be observed:
(a) The case shall be the subject of consultation among the members of the Division;
(b) If the Justice to whom the case is assigned is disqualified, his/her replacement shall be chosen by raffle from among the Justices in the same station;
(c) If one or both of the other members of the Division is/are on leave of absence, disqualified, transferred or no longer member/s of the Court, his/her/their replacement shall be chosen by raffle from among the Justices in the same station. The Division shall be called Special (No.) Division;
(d) When, in an original action or petition for review, any of the following proceedings has been taken, namely: (i) giving due course; (ii) granting temporary restraining order, writ of preliminary injunction, or new trial; (iii) granting an application for writ of habeas corpus, amparo or habeas data; (iv) granting an application for a freeze order; and (v) granting judicial authorization under the Human Security Act of 2007, the case shall remain with the Justice to whom the case is assigned and the Justices who participated therein, regardless of their transfer to other Divisions in the same station. The case may not be unloaded by the ponenta to complete the case assignments of a Justice who is newly- appointed or transferred from another station of the Court.
(e) However, if only one member of the Division who participated in any of the proceedings mentioned in subparagraph (d) hereof remains, the Raffle Committee shall automatically assign the case to him/her;
However, if all the members of said Division have ceased to be members of the Court or have transferred to other stations, the Judicial Records Division shall make a request to the Raffle Committee for a new ponente; and (n)
(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. (Sec. 2, Rule 8, RIRCA [a])
(g) When the issuance of a warrant of arrest has been authorized by the Division, the same shall be signed by the concerned Division Clerk of Court, (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, (2) annulment of judgment or final order; (3) quo warranto; (4) habeas corpus; (5) amparo, (6) habeas data, (7) anti-money laundering and (8) application for judicial authorization under the Human Security Act of 2007.
(b) In appeals in civil cases where the Court grants a new trial on the ground of newly discovered evidence, pursuant to Sec. 3, Rule 53 of the Rules of Court;
(c) In appeals in criminal cases where the Court grants a new trial on the ground of newly discovered evidence, pursuant to Sec. 12, Rule 124 of the Rules of Court; and In appeals involving claims for damages arising from provisional remedies.
SEC. 4. Hearing on Preliminary Injunction. � The requirement of a hearing on an application for preliminary injunction is satisfied with tine issuance by the Court of a resolution served upon the party sought to be enjoined requiring him/ her to comment on said application within a period of not more than ten (10) days from notice. Said party may attach documents to his/her comment which may show why the application for preliminary ii junction should be denied. The Court may require the party seeking the injunctive relief to file a reply to the comment wilhin five (5) days from receipt of the latter.
If the party sought to be enjoined fails to file his/her comment as provided for in the preceding paragraph, the Court may resolve the application on the basis of the petition and its annexes.
The preceding paragraphs, riotvyjthstending, the, Court may, in its sound discretion, set the application for preliminary injunction for hearing, during which the parties may present their respective positions or submit evidence in support thereof, (n)
SEC. 5. Action by a Justice. � All members of the Division shall act upon an application for temporary restraining order and preliminary injunction. However, if the matter is of extreme urgency and a Justice is absent, the two other justices shall act upon the application. If only the ponante is present, then he/she shall aci alone upon the application, the action of the two Justices or of the ponente shall, however, be submitted on the next working day to the absent member or members of the Division for ratification, modification or recall.
SEC. 6. Judicial Action on Certain Petitions. � (a) Before requiring comment on or giving due course to, a petition for review or after the receipt of the respondent's comment on, or answer to, the petition, or if no comment or answer is filed within the period to file it, the Court may dismiss the petition if it finds the same to be patently without merit or prosecuted manifestly for delay or the questions raised therein are too unsubstantial to require consideration.
Before the petition for review is given due course, the Court may require the court a quo or quasi-judicial agency to either elevate the original records of the case or supply it with copies of pleadings and documents which it needs in acting upon the petition at that stage of the proceedings.
If the petition is given due course, the Court may either (i) require the court a quo or quasi-judicial agency to elevate the records of the case, (ii) set the case for oral argument, (iii) require the parties to submit their memoranda or (iv) consider the case submitted for decision. After the oral argument or upon submission of the memoranda or expiration of the time to file the same, the case shall be deemed submitted for decision.
(b) In petitions for certiorari, prohibition and mandamus, the provisions of Rule 65, in relation to Rule 46, of the Rules of Court shall apply.
SEC. 7. The Justices Who Shall Act on Motions for Reconsideration. �
(a) If during the completion-of-record stage, there is no unanimous concurrence of the members of the Division on the resolution disposing of an interlocutory matter and a Division of Five is constituted, the latter shall act on said matter only up to the resolution of the motion for reconsideration of said interlocutory order. The adjudication on tiie merits of the case shall be made by the current members of the Division of the Justice to whom the case is assigned, (n)
(b) A motion for reconsideration of a decision or final resolution shall be acted upon by the ponente and the other members of the Division, whether of Three or Five and whether regular or acting, who participated in the rendition of said decision or final resolution, regardless of whether such members are already in other Divisions at the time the motion for reconsideration is filed or acted upon, provided that they are still in the same station, otherwise, Sec. 2, Rule VI shall apply, (n)
(c) If the ponente has ceased to be a member of the Court or has inhibited himself/herself from acting on the abovementioned motion for reconsideration or has transferred to another station, he/she shall be replaced by another Justice who shall be chosen by raffle from among the remaining members of his/her Division in the same station, whether regular or acting, who participated in the rendition of the decision or final resolution, and the resulting vacancy therein shall be filled by raffle from among the other Justices in the same station.
If only one member of the Division, whether regular or acting, who participated in the rendition of the decision or final resolution, remains, the motion for reconsideration shall be sent to him/her by the Raffle Committee and he/she shall act thereon with the participation of the other members of his/her Division, (n)
(d) If the ponente and all the members of the Division, whether regular or acting, who rendered the decision or final resolution have ceased to be members of the Court or are no longer in the same station, the case shall be raffled to any Justice in the same station and the motion for reconsideration shall be acted upon by him/her with the participation of the other members of his/her Division, (n)
SEC. 8. 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.
(!) Those where temporary restraining orders, writs of preliminary injunction or execution pending appeal or other auxiliary writs were issued;
(2) Those involving a prejudicial question; and
(3) The oldest cases submitted for decision.
(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) The oldest cases submitted for decision.
(c) In Original Actions and Petitions for Review.�
(1) Habeas corpus cases;
(2) Anti money-laundering cases;
(3) Amparo cases;
(4) Habeas data cases;
(5) Agrarian cases;
(6) Original petitions where injunctive relief has been granted; and
(7) Petitions for review which have been pending in the Court for a long time. (Sec. 3, Rule 8, RIRCA [a])
SEC. 9. Study, Report and Deliberation on the Case. �
The Justice to whom the case is assigned shall submit a written report thereon to the other members of his/her Division for consuliation. The Chairperson of the Division shall include the case in an agenda for a meeting of the Division for its deliberation, if the other members agree with the report after such deliberation, the Division shall choose the ponente who shall write the decision for signature and immediate promulgation. Minutes of the meeting shall be kept. (Sec. 4, Rule 8, RIRCA [a])
Every decision shall be accompanied by the minutes of consultation and deliberation duly accomplished and signed by all the members of the Division in the following form:
"Minutes of Consultation and Deliberation in (Docket No.), entitled (Title of Case)"
I. Comments on the Draft Report prepared by Justice (to whom the case was raffled).
II. After consultation/deliberation, the Division agreed to assign this case to Justice (name of Justice) for the writing of the opinion of the Court:
SEC. 10. Procedure in Case of Dissent � When the unanimous vote of the members of the Division cannot be attained, the following shall be observed:
(a) Within five (5) working days from the date ofdeliberation, the Chairperson of the Division shall refer the case in writing, together with the ro//o, to the Raffie Committee which shall designate two (2) Justices by raffle from among the Justices in the same station to sit temporarily with the three members, forming a Special Division of Five.
A written dissenting opinion shall be submitted by a Justice to the ponente and the other members of the Special Division of Five within ten (10) working days from his/her receipt of the records, (n)
If no written dissenting opinion is submitted within the period above-stated, with no additional period being agreed upon by the majority of said, Division, that Special Division shall be automatically abafished and'the" case "shall revert'to the regular Division as if no dissent has been made (n).
(b) The Special Division of Five shall retain the case until its final disposition regardless of reorganization, provided that all the members thereof remain in the same station. (Sec. 4, Rule 8, RIRCA [a])
(c) After a member of the Division, whether regular or acting, has expressed his/her dissent in writing and the Special Division of Five is constituted, that Special Division shall retain the case until its final disposition despite changes in membership of the Division to which the ponante has been assigned caused by reorganization or other causes, provided that the members of the Special Division remain in the same station. (Supreme Court Resolution dated May 25, 1993).
An acting member who has expressed his/her dissent in writing shall continue to be a member of the Division of the ponente in such capacity until the final disposition of the case, regardless of I reorganization which results in the transfer of either the ponente or the acting member to the other divisions, provided the two remain in the same station.
(d) The concurrence of a majority shall be necessary for the pronouncement of a decision or resolution of the Special Division of Five. The most senior among the five members shall be the Chairperson.
(e) After due consultation, the members of the Special Division of Five, whose opinions constitute the majority, shall choose from among them the ponente.
(f) Any member of the Special Division of Five may write a separate concurring or dissenting opinion which, together with the majority opinion, shall be promulgated and attached to the rollo. (n)
(g) if the consultation in the Special Division of Five results in a unanimous concurrence, all its members shall sign the decision or resolution.
SEC. 11. Certification. - Every decision shall be accompanied by a certification signed by the Chairperson or the most senior member as the Acting Chairperson of the Division in the following form:
"CERTIFICATION"
Pursuant to Article VIII, Section 13 of the Constitution, it is hereby certified that the conclusions in the above decision were reached in consultation before the case was assigned to the writer of the opinion of the Court." (Sec. 5, Rule 8, RIRCA [a])
SEC. 12. Resolutions. � Any disposition other than on the merits shall be embodied in a resolution. (Sec. 6, Rule 8, RIRCA) Any action modifying or reversing a decision of the Division shall be denominated as "Amended Decision", (n)
SEC. 13. Promulgation of Decisions and Resolutions. � Promulgation of decisions and resolutions shall be the direct responsibility of the Division Clerk of Court.
(a) Promulgation is made by filling the decision or resolution with the Division Clerk of Court who shall fortwith annotate the date and time thereof and attest to it by his/her signature thereon.
(b) The Division Clerk of Court shall record in the Promulgation Book the docket number, title of the case, ponente and other members, nature of the document (whether decision or resolution) and the action taken by the Division. The Promulgation Book shall be under his/her care and custody.
(c) Within one working day from promulgation of a decision or resolution, the Division Clerk of Court shall send notices and copies thereof in sealed envelopes to the parties through their counsel, either personally or by registered mail. However, a judgment of acquittal of an accused who is detained shall, whenever practicable, be served personally on the Director of Prisons or whoever has official custody of said accused.
(d) immediately after promulgation of a decision or resolution, the Division Cierk 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[a])
A case remanded by the Supreme Court to theCourt of Appeals for further proceedings shall go back to the justice to whom the case has been assigned. If such justice is no longer a member of the same station or of the Court, the case shall be raffled stationwide.
SEC. 14. Number of Copies and Distribution. � Decisions and resolutions of the Court shall be distributed as follows: (a) original plus two copies to the Court Reporter; (b) one copy to be attached to the rollo; (c) one copy to the ponente; (d) one copy to the Information & Statistical Data Division; and (e) one copy to the Judicial Records Division. In addition, sufficient copies.
SEC. 2. Statiwn and Place afriiolding Sessions. �
(a) 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, Tenlft, Eleventh and Twelfth Judicial Regions.
(b) The members of the Court in each station are classified according to the order of their seniority.
In the City of Manila, the first seventeen most senior members, including the Presiding Justice, shall be Chairpersons of the seventeen Divisions in consecutive numerical sequence. The next seventeen members shall be senior members of the Divisions, while the rest shall be junior members, (n).
The first three most senior members in each station in Cebu and Cagayan de Oro including the Executive Justice, shall be Chairpersons of the three Divisions therein in consecutive numerical sequence. The next three members shah be senior members of the Divisions, while the rest shall be junior members, (n).
(c) Whenever demanded by public interest or wheneverjustified by an increase in case load, the Supreme Court, upon recommendation of the Presiding Justice, may authorize any Division of the Court to hoid 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}
(d) An en Banc session may be conducted using the facilities of teleconferencing, (n)
SEC. 3. Exercise of Powers and Functions. � The Court of Appeals shall exercise its adjudicative powers, (unctions 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])
A Division of the Court shall be presided by the Chairperson or, in his/her absence, by the senior member thereof. If the substitute member is the most senior, he/she shall be the Acting Chairperson. (Sec. 6, Rule 1,RIRCA[a])
SEC. 4. Court En Banc. � The Court en Banc shall be presided by the Presiding Justice or, in his/her absence, by the most senior Justice in attendance. A majority of the 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. (Sees. 3 and 4, Rule 1, RIRCA[a])
Members of the Court present in the teleconferencing /video shall be counted for the purpose of determining the existence of a quorum and the vote required for approval of any matter.
The Presiding Justice shall have control and supervision over the administrative affairs of the Court. In the case of the Divisions of the Court stationed in the cities of Cebu and Cagayan de Oro, the Presiding Justice may delegate such administrative functions as he/she may deem necessary to the Executive Justice in each station, who shall be designated by the Supreme Court from among the recommendees of the Presiding Justice on the basis of, among other things, administrative qualifications, experience, abiiity, probity and seniority in the station. Unless restricted by the Presiding Justice, the powers of the Executive Justice shall include the designation of acting members to fill up absences, approval of applications for leave of absence, authority for special raffle, temporary detail of Court personnel within the station, signing of vouchers and such other acts as may be necessary for the day-to-day operations of the Court in each station. (Per en banc Resolution dated 13 July 2004 in A.M. N. 03-05-03-SC) (n)
In consultation with the Committee on Rules, the Presiding Justice shall resolve all disputes, grievances and complaints in the application and interpretation of these Rules. The decision of the Presiding Justice shall be final and binding, (n)
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 nof eliminate, conflict in decisions and resolutions of iUe different Divisions on the interpretation and application of a provision of law;
(e) Take up other administrative matters which the Presiding Jusiice or any member may submit for consideration and inclusion in its agenda:
(f) Recommend to the Supreme Court Ihe 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 and former members who die after retirement and hold necrologies! services for its members who die in office (Sec. 2, Rule 2, RIRCA). (a)
Sec. 6. Filling of Vacancy Due to Absence or Temporary Incapacity. �
(a) In the absence or temporary incapacity of the Presiding Justice, the most senior Associate Justice shall act as Presiding Justice until the regular Presiding Justice returns and reassumes his/her office or his/her incapacity is removed; (n)
(b) In the absence or temporary incapacity of the Chairperson of a Division, he/she shalf be substituted as acting Chairperson, on the basis of seniority, by either the regular senior member of that Division or a senior member chosen by raffle from any of the other Divisions in the same station; the other senior member shall be the acting or regular senior member, as the case may be; (n)
(c) In the absence or temporary incapacity of a senior member of a Division, he/she shall be substituted as acting senior member, on the basis of seniority, by either the regular junior member of that Division or a junior member chosen by raffle from any of the other Divisions in the same station; the other junior member shall be the acting or regular junior member, as the case may be; (nj
(d) In the absence or temporary incapacity of the junior member of a Division, he/she shall be substituted as acting junior member by another junior member chosen by raffle from any of the other Divisions in the same station, (n)
In paragraphs (b), (c) and (d), the acting member shall act as Chairperson, senior member or junior member of the Division concerned, as the case may be, until the regular member reassumes his/her office or his/her incapacity is removed. The acting member so designated shall continue as regular member of his/her Division, (n)
If none in either the Cebu City or Cagayan de Oro station is available for the rank to be filled in an acting capacity, the raffle shalf include those in other ranks, (n)
Where a Special Division is constituted, the seniority rule shall be observed, (n)
When a Justice participates in a case in an acting capacity on a matter other than the adjudication thereof, the same must appear in the corresponding resolution. When a justice participates in the hearing of a case in such capacity, the same must be announced by the Chairperson in open court before the start of the hearing, (n)
SEC. 7. Standing Committees. - There shall be standing committees, each of which shall be composed of a Chairperson and at least two (2) members, all of whom shall be appointed by the Presiding Justice wilh the concurrence of the majority of the members of the Court. They shall serve for a term of two (2) years. (a)
The Presiding Justice may create additional committees and appoint members thereto subject to ratification by the members of the Court, (n)
The standing committees which shall assist the Court on various matters are the following:
(a) Committee on Ethics and Special Concerns. - On matters involving ethics and discipiine of its judicial officers from Division Chiefs and higher and employees. The Committee's tasks include the following: (1) identify and address problem areas in the performance of duties of the Court to ensure honest, effective, efficient and speedy administration of justice; (2) prepare and submit to the Presiding Justice recommendations and suggestions to solve the problems earlier mentioned; ( 3) review and submit-comments and recommendations on reports of investigating officers on administrative complaints "against officers and employees of the Court; (4) formulate and recommend policies and administrative procedures on the discipline of Court personnel; and (5) perform other tasks or duties as may be assigned to it by the Presiding Justice or the Court, (a)
A verified complaint filed against a member, official or employee of the Court shall be referred to the Committee on Ethics and Special form and substance. If so finds, sadi Committee shall endorse the complaint to the Presiding Justice the transmittal to the Supreme Court for proper action. (n)
(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 the (1) preparation of annual budget, (2) allotment of funds, (3) accounting and (4) all financial transactions, (a)
(d) Committee on Security.- On matters involving the (1) formulation of security policies, and (2) enforcement and implementation of security measures, such as wearing of ID. cards, control of visitors, etc. (a)
(e) Committee on Records Management and Information Service.- On matters involving the management of records, information and statistical data.
(f) Committee on Employees Welfare and Benefits.- On matters involving the (1) creation and maintenance of medical and dental services, (2) establishment and operation of a health and welfare plan and providant fund, (3) establishment and supervision of canteen for Justices, officials and employees, and (4) maintenance of equipment and facilities for employees, (a)
(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 the (1) the construction, repair, improvement and maintenance of buildings and grounds, and (2) installation of safety and necessary devices.
(j) Committee on Purchase and Acquisition of Court Facilities, Equipment and Supplies.- On matters involving the purchase, acquisition, 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 amendment and revision of these Rules, (a)
Upon request of the Presiding Justice, the Committee on Rule shall give an option on the application and interpretation of these Rules. (n)
(k) Committee on Court of Appeals Journal. - On the matter of maintaining and improving the Court of Appeals official journal.
{l) Committee on Public Information. - On matters involving the dissemination of information concerning matters of public interest and release of official statements on questions concerning the Court and official acts of Justices and Court officials. It may perform other functions as may be assigned by the Court en banc, (n)
The Chairperson of the Committee on Public Information shall be the official spokeperson of the Court. He/She may delegate the dissemination of official information to other members of the Committee and/or the Clerk of Court. (n)
No member, official or employee of the Court shall give a comment regarding the merits of any case pending before it. (n)
(m) 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 shall be given priority to travel abroad on official time or business and to make the necessary recommendations thereon, (a)
(n) 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 operation of the Administrative Building in said City, (n)
(o) Committee on Computerization, Library and Modernization. -On matters involving operation and maintainanceofthe Court of Appeals Case Management Information System (CMiS), the management of the Court Library and the setting up of an e-library section, and the automation/modernization of ail other court processes handled by the other offices of the Court rendering support services, (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 Division shall hold constitutiions. (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 Chairpersonship of a Division, in which case, the assignment of Justices to the Divisions shall follow the order of seniority.
(b) A Justice may state in writing his/her preference to be assigned in a particular station. Mis/Her statement of preference shall be taken into consideration by the Presiding Justice in effecting the reorganization of the Divisions based on the order of seniority.
The statement of preference shall be effective untii withdrawn tn writing before the reorganization. For this purpose, the statement of preference shall be as follows:
"STATEMENT OF PREFERENCE"
Except in cases of temporary assignment, I hereby express my preference to be assigned in (station).
It is understood that this preference and my resulting assignment will not affect my seniority iii the Court of Appeals.
It is further understood tiiat this statement of preference shall be effective until revoked in writing.
(c) In the exigencies of the service, the Presiding Justice may temporarily assign an Associate Justice to any station or defer she reorganization of the Divisions. He may also cause the temporary assignment of a Justice in one station to substitute for another in some other station on official time or official business, (n)
(d) Except on a temporary basis and in the exigencies of the service, no Justice may be reassigned to another station without his/ her consent. (n)
(e) Should appointments to the Court require the creation of a new Division or Divisions, the most ranking senior members shall be the Chairperson or Chairpersons of such new Division or Divisions, and the resulting vacancies in the senior membership shall be filled by the most ranking junior members, subject to the provisions of the preceding paragraph. The new appointees shall be assigned to the resulting vacancies as junior members. (Sec. 5 [a], Rule 1, RIRCA)
(f) A permanent vacancy in the ranks of junior members shall be filled by the most junior member as acting junior member of ttie Division where the vacancy exists pending reorganization of the Divisions, in addition to his/her duties as regular member of his/her current Division. (Sec. 5, Rule 1, RIRCA [a|)
(g) When the members of a Division fail to reach a unanimous vote, its Chairperson shall direct the Raffle Committee to designate by raffia two (2) additional members to constitute a Special Division of Five. In the seiecfion 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 Couit is the administrative officer of the Court. He/She shall be under the direct supervision of the Presiding Justice and is accountable to the Court. He/She shall take charge of the administrative supervision of tne Court and exercise general or administrative supervision over subordinate officials and employees, except the co-terminous staff. He/She shall assist the Piesiding Justice in the formulation of programs and policies for consideration of the Court en banc(Sec. 11, Rule 1, RIRCA [a]).
ft 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 tiem, be assigned to him/her 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/her duties and functions and perform such other duties arid functions as may be assigned to him/her 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 unfil his/her successor shall have been appointed and qualified; in case of absence or incapacity of ihe Clerk of Court, the Assistant Clerk of Court shall perform the duties of the C\ei k of Court until the latter reports for duty. (Sec. 11, Rule 1, RIRCA [a]) (3JJPerf6rni b'ther functions as''may, from time to time, be assigned to him/her by the Presiding Justice or ihe Court.
(c) Division Clerks of Court. � Each Division shall be assisted by a staff composed of a Division Clerk of Court (Executive Clerk of Court III), an Assistant Division Clerk of Court and such personnel as the exigencies of the service may warrant, (a)
The Division Clerks of Court shall be under the direct control and supervision of the Chairperson of the Division (Per en banc Resolution dated 13 July 2004 in A. M. No. 03-06-03-SC) (a)
The Division Clerk of Court shall:
(1) Direct and supervise the staff of ihe Division; maintain the records of the Division efficiently and orderly; keep track 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 Ihe records of cases; examine the records of cases to be acted upon by the Division, such as the payment of docket and other legal fees, filing of briefs, memoranda and other papers within the allowable periods; prepare the agenda for motions and other incidents needing action by Ihe 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 ihe proceedings and prepare Ihe minutes thereof; receive the decisions and resolutions of the Division for immediate promulgation regardless of the absence of any of the signatories thereof; and, upon order of the Division, make entries of judgment, (a)
(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 Chairperson.
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 ihe Raffle Committee for substitution; but if no Juslice 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/her 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 Reportei;
(3) Publish in ihe Official Gazelle and the Court of Appeals Reports Annotated decisions and final resolutions together with their syllabi in consultation with the ponentes;
(4) Prepare 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 finai 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, ttie 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 Ihe Supreme Com I, Appoinfments of all other personnel shall be recommended by the Piesiding Justice. Upon receipt of the Supreme Court resolution approving the recommendation, shall be prepared for the counsel of the parties in the case. (Sec. 7, Rule 8, RIRCA[a])
SEC. 15. Effect of Filing an Appeal in the Supreme Court. � No motion for reconsideration or rehearing shali be acted upon if the movant has previously 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 or motion is subsequently filed, the motion for reconsideration pending in this Court shall be deemed abandoned. (Sec. 8, Rule 9, RIRCA)
RULE VII
ENTRY OF JUDGMENT AND REMAND OF CASES
SEC. 1. Entry of Judgment. � Unless a motion for reconsideration or new trial is filed or an appeal taken to the Supreme Court, judgments and final resolutions of the Court shall be entered upon expiration of fifteen (15) days from notice to the parties
(a) With respect to the criminal aspect, entry of judgment in criminal cases shall be made immediately when the accused is acquitted or his/her withdrawal of appeal is granted. However, if the motion withdrawing an appeal is signed by the appellant only, the Court shall first take steps to ensure that She motion is made voluntarily, intelligently and knowingly or may require his/her counsel to comment thereon.
When there are several accused in a case, some of whom, appealed and others did not, entry or judgment shall be made only as to those who did not appeal. The same rule shall apply where there are several accused in a case, some of whom withdrew their appeal and others did not.
(b) Entry of judgment in civil cases shall be made immediately when an appeal is withdrawn or when a decision based on a compromise agreement is rendered. (Sees. 1 and 7, Rule 11, RiRCA [a])
SEC. 2. 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 date when the decision or final resolution was promulgated and the date il became final and executory. (Sec. 3, Rule 11, RIRCA fa])
SEC. 3. Disposition of Copies. � Copies of the entry of judgment shall be furnished the parties through their counsel by the Division Clerk of Court who shall then attach a copy to the rollo and transmit the original, together with the rollo, to the Chief of the Archives Section. The Chief of the Archives Section shall cause the entries of judgments to be bound in chronological order and indexed.
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 [a])
SEC. A. Allowance for Delay of Mail in Making Entries of Judgment. - In making entries of judgment, the Division Clerk of Court shall determine the finality of the decision by making allowance for delay of mail, computed from the last day of the period of appeal, as follows: forty-five (45) days, if the addressee is from Mindanao, including Palawan; thirty (30) days, if the addressee is from Visayas; twenty (20) days, if the addressee is from Luzon, except Metro Manila; and fifteen (15) days, if the addressee is from Metro Manila. (Sec. 6, Rule 11, RIRCA [a])
SEC. 5. Entry of Judgment and Final Resolution. � If no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules, the judgment or final resolution shall forthwith be entered by the clerk 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 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. 6. Transmittal of Records. � Within five (5) working days from receipt of the rollo, the Chief of the Archives Section shall cause the remand of the original records to the court or quasi-judicial agency of origin. (Sec. 8, Rule 11, RIRCA [a])
RULE VIII
MISCELLANEOUS PROVISIONS
SEC. 1. Erroneous Transmittal of Records. � if it clearly appears from the notice of appeal that the appellant had directed his/her appeal to another court, but the lower court erroneously transmitted the records of the case to the Court of Appeals, the Judicial Records Division shall refer the case to the Presiding Justice or the Executive Justice, as the case may be, for proper disposition. (Sec. 1, Rule 12, RIRCA)
SEC. 2. Case Received Without Docket and Other Legal Fees and Deposit for Costs. � When an original petition is received by mail without docket and other lawful fees and deposit for cost the Judicial Records Division shall assign to it an undocketed special case number {UDK-SP) and submit said case to the Raffle Committee for raffle.
The Special Cases Section shall maintain a record book of undockeied special cases for his/her purpose, (n)
SEC. 3. Cases Referred by the Supreme Court. � Cases filed and docketed in the Supreme Court but subsequently referred by it to the Court of Appeals shall be entered by the latter in the docket book and given the corresponding docket number. (Sec. 3, Rule 12, RIRCA [a])
SEC. 4. Docket and Other Legal Fees for Multiple Appellants. � If two or more parties in a case file separate notices of appeal, each shall pay the full amount of the docket and other lawful fees and deposit for costs. (Sec. 4, Rule 12, RIRCA [a])
SEC. 5. Docket Fees and Docket Number for 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 lawful fees and deposit for costs shall be paid by the appellants to (he Clerk of Court of the Regional Trial Court, except when separate notices of appeal were filed by them. The multiple appeals shall be assigned only one docket number.
(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 [a])
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 made in cash, postal money order, certified checks or manager's or cashier's checks payable to the Court. Personal checks shall be returned to the payor. (Sec. 6, Rule 12, RIRCA fa])
SEC. 7. Report on Late Payment � Payment of docket and other lawful fees and deposit for costs made after the elevation of the original records shall be reported to the Court for appropriate action, (n)
SEC. 8. Non-Refund of Docket Fees. � The docket and other lawful fees and deposit for costs, once paid, shall be non-refundable except when erroneously made, (Sec, 7 [b], Rule 12, RIRCA [a])
SEC. 9. Color Code of Rollos. � To facilitate the identification of cases, the cover of rolios shall have the following colors:
(a) Green for appealed civil cases;
(b) Cream for appealed criminal cases where the accused is out on bail;
(c) Orange for criminal cases where the accused is detained;
(d) Mustard for agrarian cases;
(e) Red for habeas corpus cases;
(f) Gray for special cases on appeal;
{g) Yellow for petitions for review of quasi-judicial agencies;
(h) Pink for annulment of judgment cases;
(i) White for heinous crimes cases;
(j) Lavander for petition for review in criminal cases; and
(k) Blue for all other special cases. (Sec. 8, Rule 12, RIRCA)
SEC. 10. Sessions in Bagnio � Unless otherwise determined by the Presiding Justice, sessions shall be held in Baguio City by at least one (1) Division of the Court for a week every month and by not more than seven (7) Divisions on rotation basis during the summer months.
The Presiding Justice shall prepare a schedule of session to Baguio City. (n)
SEC. 11. Separability Clause. � If the effectivity of any provision of these Rules is suspended or disapproved by the Supreme Court, the unaffected provisions shall remain in force. Unless otherwise provided for in existing rules, the Presiding Justice or any one acting in his/her place is authorized to act on any matter not covered by these Rules. Such action shall, however, be reported to the Court en bane (Sec. 10, Rule 12, RIRCA [a])
SEC 12. Repealing Clause. � Upon effectivity of these Rules, all resolutions, orders, memoranda and circulars of this Court ; which are inconsistent therewith are hereby repealed or modified accordingly. (Sec. 11, Rule 12, RIRCA [a])
SEC. 13. Effectivity Clause. � These Rules shall become effective on February 3, 2010 after publication in a newspaper of general circulation, (n)
