contains the full text of the
Rules of Civil Procedure
THE 1997 RULES OF
Rules 1 to 71
July 1, 1997, in accordance with the resolution in Bar Matter No. 803
by the Supreme Court in Baguio City on April 8, 1997]PROCEDURE IN THE
[Rules 56-A to
Section 1. Original cases
Only petitions for
prohibition, mandamus, quo warranto, habeas corpus, disciplinary
against members of the judiciary and attorneys, and cases affecting
other public ministers and consuls may be filed originally in the
Sec. 2. Rules applicable.
The procedure in
cases for certiorari, prohibition, mandamus, quo warranto and habeas
shall be in accordance with the applicable provisions of the
laws, and Rules 46, 48, 49, 51, 52 and this Rule, subject to the
a) All references in
Rules to the Court of Appeals shall be understood to also apply to the
b) The portions
Rules dealing strictly with and specifically intended for appealed
in the Court of Appeals shall not be applicable; and
c) Eighteen (18)
legible copies of the petition shall be filed, together with proof of
on all adverse parties.
action against members of the judiciary shall be governed by the laws
Rules prescribed therefor, and those against attorneys by Rule 139-B,
Sec. 3. Mode of appeal.
An appeal to the
Court may be taken only by a petition for review on certiorari, except
in criminal cases where the penalty imposed is death, reclusion
or life imprisonment.
Sec. 4. Procedure.
The appeal shall be
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
52 and this Rule.
Sec. 5. Grounds for dismissal
The appeal may be
motu proprio or on motion of the respondent on the following
(a) Failure to take
appeal within the reglementary period;
(b) Lack of merit
(c) Failure to
pay the requisite
docket fee and other lawful fees or to make a deposit for costs;
(d) Failure to
the requirements regarding proof of service and contents of and the
which should accompany the petition;
(e) Failure to
any circular, directive or order of the Supreme Court without
(f) Error in the
mode of appeal; and
(g) The fact that
is not appealable to the Supreme court.
Sec. 6. Disposition of improper
Except as provided in
3, Rule 122 regarding appeals in criminal cases where the penalty
is death, reclusion perpetua or life imprisonment, an appeal
to the Supreme Court by notice of appeal shall be dismissed.
An appeal by
to the Supreme Court from the Regional Trial Court submitting issues of
fact may be referred to the Court of Appeals for decision or
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
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
be dismissed; in appealed cases, the judgment or order appealed from
stand affirmed; and on all incidental matters, the petition or motion
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