RESOLUTION
OF THE COURT EN BANCNOVEMBER
18, 1993
SUBJECT:
AMENDMENTS TO SECTIONS 15 AND 16, RULE 136 OF THE RULES OF COURT AND
OTHER
RESOLUTIONS.
Gentlemen:
Quoted hereunder,
for your information, is a Resolution of the Court En Banc
dated
November 18, 1993.
"Bar Matter
No.
209. – In the Matter of the Amendment and/or Clarification of
Various
Supreme Court Rules and Resolutions. –
The Court motu
proprio resolved to further amend Sections 15 and 16, Rule 136 of
the
Rules of Court as well as its Resolution of September 17, 1974 as
amended
by a Resolution dated February 11, 1975, its Resolution of February 23,
1984, and its Resolution of February 9, 1993, as follows:
Effective
immediately
and until further action of the Court, all pleadings, briefs,
memoranda,
motions, and other papers to be filed before the Supreme Court and the
Court of Appeals shall either be typewritten on good quality unglazed
paper,
or mimeographed or printed on newsprint or mimeograph paper, 11 inches
in length by 8-1/2 inches in width (commonly known as letter size) or
13
inches in length by 8-1/2 inches in width (commonly known as legal
size).
There shall be a margin at the top and at the left-hand side of each
page
not less than 1-1/2 inches in width. The contents shall be written
double-spaced
and only one side of the page shall be used.
In the
Supreme Court,
eighteen (18) legible copies of the petition shall initially be filed,
and eighteen (18) copies of subsequent pleadings, briefs, memoranda,
motions
and other papers shall be filed in cases for consideration of the Court
En Banc and nine (9) copies in cases to be heard
before a division.
One (1) copy thereof shall be served upon each of the adverse parties
in
either case.
For said
purpose,
the following are considered En Banc cases:
[1] Cases
in which
the constitutionality or validity of any treaty, intyernational or
executive
agreement, law, executive order, or presidential decree, proclamation,
order, instruction, ordinance, or regulation is in question;
[2]
Criminal cases
in which the appealed decision imposes the death penalty;
[3] Cases
raising
novel questions of law;
[4] Cases
affecting
ambassadors, other public ministers and consuls;
[5] Cases
involving
decision, resolutions or orders of the Civil Service Commission,
Commission
on Elections and Commission on Audit;
[6] Cases
where the
penalty to be imposed is the dismissal of a judge, officer or employee
of the Judiciary, disbarment of a lawyer, or either the suspension of
any
of them for a period of more than one (1) year or a fine exceeding P10,000.00,
or both;
[7] Cases
where a
doctrine or principle laid down by the Court En Banc or in
division
may be modified or reversed;
[8] Cases
assigned
to a division which in the opinion of at least three (3) members
thereof
merit the attention of the Court En Banc and are acceptable to
a
majority of the actual membership of the Court En Banc;
and
[9] All
other cases
as the Court En Banc by a majority of its actual membership may
deem of sufficient importance to merit its attention.
In the Court
of Appeals,
seven (7) legible copies of pleadings, briefs, memoranda, motions and
other
papers shall be filed and one (1) copy thereof shall be served on each
of the adverse parties."
Very
truly yours,LUZVIMINDA
D. PUNOClerk
of Court
By:chanroblesvirtuallawlibrary
[Sgd.] MA.
LUISA
D. VILLARAMAAssistant
Clerk of Court |