This web
page
contains the full text of the1997
Rules of Civil Procedure
THE 1997 RULES OF
CIVIL PROCEDURE
Rules 1 to 71
[Took
effect on
July 1, 1997, in accordance with the resolution in Bar Matter No. 803
adopted
by the Supreme Court in Baguio City on April 8, 1997]
PROCEDURE IN THE
SUPREME
COURT[Rules 56-A to
56-B] RULE
56-AORIGINAL CASES
Section 1. Original cases
cognizable.
Only petitions for
certiorari,
prohibition, mandamus, quo warranto, habeas corpus, disciplinary
proceeding
against members of the judiciary and attorneys, and cases affecting
ambassadors,
other public ministers and consuls may be filed originally in the
Supreme
Court.
Sec. 2. Rules applicable.
The procedure in
original
cases for certiorari, prohibition, mandamus, quo warranto and habeas
corpus
shall be in accordance with the applicable provisions of the
Constitution,
laws, and Rules 46, 48, 49, 51, 52 and this Rule, subject to the
following
provisions:
a) All references in
said
Rules to the Court of Appeals shall be understood to also apply to the
Supreme Court;
b) The portions
of ssaid
Rules dealing strictly with and specifically intended for appealed
cases
in the Court of Appeals shall not be applicable; and
c) Eighteen (18)
clearly
legible copies of the petition shall be filed, together with proof of
service
on all adverse parties.
The proceedings
for disciplinary
action against members of the judiciary shall be governed by the laws
and
Rules prescribed therefor, and those against attorneys by Rule 139-B,
as
amended.
RULE
56-BAPPEALED CASES Sec. 3. Mode of appeal.
An appeal to the
Supreme
Court may be taken only by a petition for review on certiorari, except
in criminal cases where the penalty imposed is death, reclusion
perpetua
or life imprisonment.
Sec. 4. Procedure.
The appeal shall be
governed
by and disposed of in accordance with the applicable provisions of the
constitution, laws, Rules 45, 48, Sections 1, 2, and 5 to 11 of Rule
51,
52 and this Rule.
Sec. 5. Grounds for dismissal
of appeal.
The appeal may be
dismissed
motu proprio or on motion of the respondent on the following
grounds:
(a) Failure to take
the
appeal within the reglementary period;
(b) Lack of merit
in the
petition;
(c) Failure to
pay the requisite
docket fee and other lawful fees or to make a deposit for costs;
(d) Failure to
comply with
the requirements regarding proof of service and contents of and the
documents
which should accompany the petition;
(e) Failure to
comply with
any circular, directive or order of the Supreme Court without
justifiable
cause;
(f) Error in the
choice or
mode of appeal; and
(g) The fact that
the case
is not appealable to the Supreme court.
Sec. 6. Disposition of improper
appeal.
Except as provided in
Section
3, Rule 122 regarding appeals in criminal cases where the penalty
imposed
is death, reclusion perpetua or life imprisonment, an appeal
taken
to the Supreme Court by notice of appeal shall be dismissed.
An appeal by
certiorari taken
to the Supreme Court from the Regional Trial Court submitting issues of
fact may be referred to the Court of Appeals for decision or
appropriate
action. The determination of the Supreme Court on whether or not issues
of fact are involved shall be final.
Sec. 7. Procedure if opinion
is equally divided.
Where the Court en
banc
is equally divided in opinion, or the necessary majority cannot be had,
the case shall again be deliberated on, and if after such deliberation
no decision is reached, the original action commenced in the Court
shall
be dismissed; in appealed cases, the judgment or order appealed from
shall
stand affirmed; and on all incidental matters, the petition or motion
shall
be denied.
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