CIRCULAR
NO. 39-98
TO: THE
COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL
COURTS,
SHARI'AH DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS
IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND
SHARI'AH
CIRCUIT COURTS.
SUBJECT:
BAR
MATTER NO.
803 - RE: CORRECTION OF CLERICAL ERRORS IN AND ADOPTION OF
AMENDMENTS
TO THE 1997 RULES OF CIVIL PROCEDURE.
For the information
and guidance of all concerned, quoted hereunder is the Resolution of
the
Court En Banc dated July 21, 1998 in Re: Correction of
clerical
errors in and adoption of amendments to the 1997 Rules of Civil
Procedure,
to wit:chanroblesvirtuallawlibrary
"Bar
Matter No. 803 - Re: Correction of clerical errors in and adoption
of amendments to the 1997 Rules of Civil Procedure which were approved
on April 8, 1997 effective July 1, 1997. - 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:chanroblesvirtuallawlibrary
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 a Regional Trial Court or a court of equivalent or
higher
rank, or against 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 of Civil Procedure: (a) Section 3 Rule 46; and
(b)
Section 4 of Rule 65, to read as follows:chanroblesvirtuallawlibrary
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
and 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 wih 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
omission
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 the 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 amendents
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."
The amendments appeared
on the July 26, 1998 issue of the Philippine Daily Inquirer, Philippine
Star, Manila Standard and Manila Bulletin.
August 19, 1998. [Sgd.]
ALFREDO
L. BENIPAYOCourt
Administrator
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