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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
COURT
OF APPEALS[Rules 44 to 55]RULE
44ORDINARY
APPEALED CASES
Section 1. Title of cases.chanrobles virtual law library
In all cases appealed
to
the Court of Appeals under Rule 41, the title of the case shall remain
as it was in the court of origin, but the party appealing the case
shall
be further referred to as the appellant and the adverse party as the
appellee.
chan robles virtual law library
Sec. 2. Counsel and guardians.chanrobles virtual law library
The counsel and
guardians
ad litem of the parties in the court of origin shall be respectively
considered
as their counsel and guardians ad litem in the Court of Appeals. When
others
appear or are appointed, notice thereof shall be served immediately on
the adverse party and filed with the court. (2a, R46)
Sec. 3. Order of transmittal
of record.chanrobles virtual law library
If the original record
or
the record on appeal is not transmitted to the Court of Appeals within
thirty (30) days after the perfection of the appeal, either party may
file
a motion with the trial court, with notice to the other, for the
transmittal
of such record or record on appeal.chanrobles virtual law library
Sec. 4. Docketing of case.chanrobles virtual law library
Upon receiving the
original
record or the record on appeal and the accompanying documents and
exhibits
transmitted by the lower court, as well as the proof of payment of the
docket and other lawful fees, the clerk of court of the Court of
Appeals
shall docket the case and notify the parties thereof.chanrobles virtual law library
Within ten (10)
days from
receipt of said notice, the appellant, in appeals by record on appeal,
shall file with the clerk of court seven (7) clearly legible copies of
the approved record on appeal, together with the proof of service of
two
(2) copies thereof upon the appellee.chanrobles virtual law library
Any unauthorized
alteration,
omission or addition in the approved record on appeal shall be a ground
for dismissal of the appeal.chanrobles virtual law library
Sec. 5. Completion of record.chanrobles virtual law library
Where the record of
the
docketed case is incomplete, the clerk of court of the Court of Appeals
shall so inform said court and recommend to it measures necessary to
complete
the record. It shall be the duty of said court to take appropriate
action
towards the completion of the record within the shortest possible time.chanrobles virtual law library
Sec. 6. Dispensing with complete
record.chanrobles virtual law library
Where the completion
of
the record could not be accomplished within a sufficient period
allotted
for said purpose due to insuperable or extremely difficult causes, the
court, on its own motion or on motion of any of the parties, may
declare
that the record and its accompanying transcripts and exhibits so far
available
are sufficient to decide the issues raised in the appeal, and shall
issue
an order explaining the reasons for such declaration.chanrobles virtual law library
Sec. 7. Appellant’s brief.chanrobles virtual law library
It shall be the duty
of
the appellant to file with the court, within forty-five (45) days from
receipt of the notice of the clerk that all the evidence, oral and
documentary,
are attached to the record, seven (7) copies of his legibly
typewritten,
mimeographed or printed brief, with proof of service of two (2) copies
thereof upon the appellee.chanrobles virtual law library
Sec. 8. Appellee’s brief.chanrobles virtual law library
Within forty-five (45)
days
from receipt of the appellant’s brief, the appellee shall file with the
court seven (7) copies of his legibly typewritten, mimeographed or
printed
brief, with proof of service of two (2) copies thereof upon the
appellant.chanrobles virtual law library
Sec. 9. Appellant’s reply brief.chanrobles virtual law library
Within twenty (20)
days
from receipt of the appellee’s brief, the appellant may file a reply
brief
answering points in the appellee’s brief not covered in his main brief.chanrobles virtual law library
Sec. 10. Time for filing memoranda
in special cases.chanrobles virtual law library
In certiorari,
prohibition,
mandamus, quo warranto and habeas corpus cases, the parties shall file,
in lieu of briefs, their respective memoranda within a non-extendible
period
of thirty (30) days from receipt of the notice issued by the clerk that
all the evidence, oral and documentary, is already attached to the
record.chanrobles virtual law library
The failure of the
appellant
to file his memorandum within the period therefor may be a ground for
dismissal
of the appeal.chanrobles virtual law library
Sec. 11. Several appellants
or appellees or several counsel for each party.chanrobles virtual law library
Where there are
several
appellants or appellees, each counsel representing one or more but not
all of them shall be served with only one copy of the briefs. When
several
counsel represent one appellant or appellee, copies of the brief may be
served upon any of them.chanrobles virtual law library
Sec. 12. Extension of time for
filing briefs.chanrobles virtual law library
Extension of time for
the
filing of briefs will not be allowed, except for good and sufficient
cause,
and only if the motion for extension is filed before the expiration of
the time sought to be extended.chanrobles virtual law library chan robles virtual law library
Sec. 13. Contents of appellant’s
brief.chanrobles virtual law library
The appellant’s brief
shall
contain, in the order herein indicated, the following:
(a) A subject index
of the
matter in the brief with a digest of the arguments and page references,
and a table of cases alphabetically arranged, textbooks and statutes
cited
with references to the pages where they are cited;
(b) An assignment
of errors
intended to be urged, which errors shall be separately, distinctly and
concisely stated without repetition and numbered consecutively;
(c) Under the
heading "Statement
of the Case," a clear and concise statement of the nature of the
action,
a summary of the proceedings, the appealed rulings and orders of the
court,
the nature of the judgment and any other matters necessary to an
understanding
of the nature of the controversy, with page references to the record;
(d) Under the
heading "Statement
of Facts," a clear and concise statement in a narrative form of the
facts
admitted by both parties and of those in controversy, together with the
substance of the proof relating thereto in sufficient detail to make it
clearly intelligible, with page references to the record;
(e) A clear and
concise statement
of the issues of fact or law to be submitted to the court for its
judgment;
(f) Under the
heading "Argument,"
the appellant’s arguments on each assignment of error with page
references
to the record. The authorities relied upon shall be cited by the page
of
the report at which the case begins and the page of the report on which
the citation is found;
(g) Under the
heading "Relief,"
a specification of the order or judgment which the appellant seeks; and
(h) In cases not
brought
up by record on appeal, the appellant’s brief shall contain, as an
appendix,
a copy of the judgment or final order appealed from.chanrobles virtual law library
Sec. 14. Contents of appellee’s
brief.chanrobles virtual law library
The appellee’s brief
shall
contain, in the order herein indicated, the following:
(a) A subject index
of the
matter in the brief with a digest of the arguments and page references,
and a table of cases alphabetically arranged, textbooks and statutes
cited
with references to the pages where they are cited;
(b) Under the
heading "Statement
of Facts," the appellee shall state that he accepts the statement of
facts
in the appellant’s brief, or under the heading "Counter-Statement of
Facts,"
he shall point out such insufficiencies or inaccuracies as he believes
exist in the appellant’s statement of facts with references to the
pages
of the record in support thereof, but without repetition of matters in
the appellant’s statement of facts; and
(c) Under the
heading "Argument,"
the appellee shall set forth his arguments in the case on each
assignment
of error with page references to the record. The authorities relied on
shall be cited by the page of the report at which the case begins and
the
page of the report on which the citation is found.chanrobles virtual law library
Sec. 15. Questions that may
be raised on appeal.chanrobles virtual law library
Whether or not the
appellant
has filed a motion for new trial in the court below, he may include in
his assignment of errors any question of law or fact that has been
raised
in the court below and which is within the issues framed by the parties.chanrobles virtual law library
RULE
45APPEAL BY
CERTIORARI
TO THE SUPREME COURT
Section 1. Filing of petition
with Supreme Court.chanrobles virtual law library
A party desiring to
appeal
by certiorari from a judgment or final order or resolution of the Court
of Appeals, the Sandiganbayan, the Regional Trial Court or other courts
whenever authorized by law, may file with the Supreme Court a verified
petition for review on certiorari. The petition shall raise only
questions
of law which must be distinctly set forth.chanrobles virtual law library
Sec. 2. Time for filing; extension.chanrobles virtual law library
The petition shall be
filed
within fifteen (15) days from notice of the judgment or final order or
resolution appealed from, or of the denial of the petitioner’s motion
for
new trial or reconsideration filed in due time after notice of the
judgment.
On motion duly filed and served, with full payment of the docket and
other
lawful fees and the deposit for costs before the expiration of the
reglementary
period, the Supreme Court may for justifiable reasons grant an
extension
of thirty (30) days only within which to file the petition.chanrobles virtual law library
Sec. 3. Docket and other lawful
fees; proof of service of petition.chanrobles virtual law library
Unless he has
theretofore
done so, the petitioner shall pay the corresponding docket and other
lawful
fees to the clerk of court of the Supreme Court and deposit the amount
of P500.00 for costs at the time of the filing of the petition. Proof
of
service of a copy thereof on the lower court concerned and on the
adverse
party shall be submitted together with the petition.chanrobles virtual law library
Sec. 4. Contents of petition.chanrobles virtual law library
The petition shall be
filed
in eighteen (18) copies, with the original copy intended for the court
being indicated as such by the petitioner, and shall (a) state the full
name of the appealing party as the petitioner and the adverse party as
respondent, without impleading the lower courts or judges thereof
either
as petitioners or respondents; (b) 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; (c) set forth
concisely a statement of the matters involved, and the reasons or
arguments
relied on for the allowance of the petition; (d) be accompanied by a
clearly
legible duplicate original, or a certified true copy of the judgment or
final order or resolution certified by the clerk of court of the court
a quo and the requisite number of plain copies thereof, and such
material
portions of the record as would support the petition; and (e) contain a
sworn certification against forum shopping as provided in the last
paragraph
of section 2, Rule 42.chanrobles virtual law library
Sec. 5. Dismissal or denial
of petition.chanrobles virtual law library
The failure of the
petitioner
to comply with any of the foregoing requirements regarding the payment
of the docket and other lawful fees, deposit for costs, proof of
service
of the petition, and the contents of and the documents which should
accompany
the petition shall be sufficient ground for the dismissal thereof.chanrobles virtual law library
The Supreme Court
may on
its own initiative deny the petition on the ground that the appeal is
without
merit, or is prosecuted manifestly for delay, or that the questions
raised
therein are too unsubstantial to require consideration.chanrobles virtual law library
Sec. 6. Review discretionary.chanrobles virtual law library
A review is not a
matter
of right, but of sound judicial discretion, and will be granted only
when
there are special and important reasons therefor. The following, while
neither controlling nor fully measuring the court’s discretion,
indicate
the character of the reasons which will be considered:
(a) When the court a
quo
has decided a question of substance, not theretofore determined by the
Supreme Court, or has decided it in a way probably not in accord with
law
or with the applicable decisions of the Supreme Court; or
(b) When the
court a quo
has so far departed from the accepted and usual course of judicial
proceedings,
or so far sanctioned such departure by a lower court, as to call for an
exercise of the power of supervision.chanrobles virtual law library
Sec. 7. Pleadings and documents
that may be required; sanctions.chanrobles virtual law library
For purposes of
determining
whether the petition should be dismissed or denied pursuant to section
5 of this Rule, or where the petition is given due course under section
8 hereof, the Supreme Court may require or allow the filing of such
pleadings,
briefs, memoranda or documents as it may deem necessary within such
periods
and under such conditions as it may consider appropriate, and impose
the
corresponding sanctions in case of non-filing or unauthorized filing of
such pleadings and documents or non-compliance with the conditions
therefor.chanrobles virtual law library chan robles virtual law library
Sec. 8. Due course; elevation
of records.chanrobles virtual law library
If the petition is
given
due course, the Supreme Court may require the elevation of the complete
record of the case or specified parts thereof within fifteen (15) days
from notice.chanrobles virtual law library
Sec. 9. Rule applicable to both
civil and criminal cases.chanrobles virtual law library
The mode of appeal
prescribed
in this Rule shall be applicable to both civil and criminal cases,
except
in criminal cases where the penalty imposed is death, reclusion
perpetua
or life imprisonment.chanrobles virtual law library
RULE
46ORIGINAL CASES
Section 1. Title of cases.chanrobles virtual law library
In all cases
originally
filed in the Court of Appeals, the party instituting the action shall
be
called the petitioner and the opposing party the respondent.chanrobles virtual law library
Sec. 2. To what actions applicable.chanrobles virtual law library
This Rule shall apply
to
original actions for certiorari, prohibition, mandamus and quo warranto.chanrobles virtual law library
Except as otherwise
provided,
the actions for annulment of judgment shall be governed by Rule 47, for
certiorari, prohibition and mandamus by Rule 65, and for quo warranto
by
Rule 66.chanrobles virtual law library
Sec. 3. Contents and filing
of petition; effect of non-compliance with requirements.chanrobles virtual law library
The petition shall
contain
the full names and actual addresses of all the petitioners and
respondents,
a concise statement of the matters involved, the factual background of
the case, and the grounds relied upon for the relief prayed for.chanrobles virtual law library
It shall be filed
in seven
(7) clearly legible copies together with 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.chanrobles virtual law library
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.chanrobles virtual law library
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.chanrobles virtual law library
The failure of the
petitioner
to comply with any of the foregoing requirements shall be sufficient
ground
for the dismissal of the petition.chanrobles virtual law library
Sec. 4. Jurisdiction over person
of respondent, how acquired.chanrobles virtual law library
The court shall
acquire
jurisdiction over the person of the respondent by the service on him of
its order or resolution indicating its initial action on the petition
or
by his voluntary submission to such jurisdiction.chanrobles virtual law library
Sec. 5. Action by the court.chanrobles virtual law library
The court may dismiss
the
petition outright with specific reasons for such dismissal or require
the
respondent to file a comment on the same within ten (10) days from
notice.
Only pleadings required by the court shall be allowed. All other
pleadings
and papers may be filed only with leave of court.chanrobles virtual law library
Sec. 6. Determination of factual
issues.chanrobles virtual law library
Whenever necessary to
resolve
factual issues, the court itself may conduct hearings thereon or
delegate
the reception of the evidence on such issues to any of its members or
to
an appropriate court, agency or office.chanrobles virtual law library
Sec. 7. Effect of failure to
file comment.chanrobles virtual law library
When no comment is
filed
by any of the respondents, the case may be decided on the basis of the
record, without prejudice to any disciplinary action which the court
may
take against the disobedient party.chanrobles virtual law library
RULE
47ANNULMENT OF
JUDGMENTSOR FINAL ORDERS
AND
RESOLUTIONS
Section 1. Coverage.chanrobles virtual law library
This Rule shall govern
the
annulment by the Court of Appeals of judgments or final orders and
resolutions
in civil actions of Regional Trial Courts for which the ordinary
remedies
of new trial, appeal, petition for relief or other appropriate remedies
are no longer available through no fault of the petitioner.chanrobles virtual law library
Sec. 2. Grounds for annulment.chanrobles virtual law library
The annulment may be
based
only on the grounds of extrinsic fraud and lack of jurisdiction.chanrobles virtual law library
Extrinsic fraud
shall not
be a valid ground if it was availed of, or could have been availed of,
in a motion for new trial or petition for relief.chanrobles virtual law library
Sec. 3. Period for filing action.chanrobles virtual law library
If based on extrinsic
fraud,
the action must be filed within four (4) years from its discovery; and
if based on lack of jurisdiction, before it is barred by laches or
estoppel.chanrobles virtual law library
Sec. 4. Filing and contents
of petition.chanrobles virtual law library
The action shall be
commenced
by filing a verified petition alleging therein with particularity the
facts
and the law relied upon for annulment, as well as those supporting the
petitioner’s good and substantial cause of action or defense, as the
case
may be.chanrobles virtual law library
The petition shall
be filed
in seven (7) clearly legible copies, together with sufficient copies
corresponding
to the number of respondents. A certified true copy of the judgment or
final order or resolution shall be attached to the original copy of the
petition intended for the court and indicated as such by the petitioner.chanrobles virtual law library
The petitioner
shall also
submit together with the petition affidavits of witnesses or documents
supporting the cause of action or defense and 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.chanrobles virtual law librarychan robles virtual law library
Sec. 5. Action by the court.chanrobles virtual law library
Should the court find
no
substantial merit in the petition, the same may be dismissed outright
with
specific reasons for such dismissal.chanrobles virtual law library
Should prima facie
merit
be found in the petition, the same shall be given due course and
summons
shall be served on the respondent.chanrobles virtual law library
Sec. 6. Procedure.chanrobles virtual law library
The procedure in
ordinary
civil cases shall be observed. Should a trial be necessary, the
reception
of the evidence may be referred to a member of the court or a judge of
a Regional Trial Court.chanrobles virtual law library
Sec. 7. Effect of judgment.chanrobles virtual law library
A judgment of
annulment
shall set aside the questioned judgment or final order or resolution
and
render the same null and void, without prejudice to the original action
being refiled in the proper court. However, where the judgment or final
order or resolution is set aside on the ground of extrinsic fraud, the
court may on motion order the trial court to try the case as if a
timely
motion for new trial had been granted therein.chanrobles virtual law library
Sec. 8. Suspension of prescriptive
period.chanrobles virtual law library
The prescriptive
period
for the refiling of the aforesaid original action shall be deemed
suspended
from the filing of such original action until the finality of the
judgment
of annulment. However, the prescriptive period shall not be suspended
where
the extrinsic fraud is attributable to the plaintiff in the original
action.chanrobles virtual law library
Sec. 9. Relief available.chanrobles virtual law library
The judgment of
annulment
may include the award of damages, attorney’s fees and other relief.chanrobles virtual law library
If the questioned
judgment
or final order or resolution had already been executed, the court may
issue
such orders of restitution or other relief as justice and equity may
warrant
under the circumstances.chanrobles virtual law library
Sec. 10. Annulment of judgments
or final orders of Municipal Trial Courts.chanrobles virtual law library
An action to annul a
judgment
or final order of a Municipal Trial Court shall be filed in the
Regional
Trial Court having jurisdiction over the former. It shall be treated as
an ordinary civil action and sections 2, 3, 4, 7, 8 and 9 of this Rule
shall be applicable thereto.chanrobles virtual law library
RULE
48PRELIMINARY
CONFERENCE
Section 1. Preliminary conference.chanrobles virtual law library
At any time during the
pendency
of a case, the court may call the parties and their counsel to a
preliminary
conference:
(a) To consider the
possibility
of an amicable settlement, except when the case is not allowed by law
to
be compromised;
(b) To define,
simplify and
clarify the issues for determination;
(c) To formulate
stipulations
of facts and admissions of documentary exhibits, limit the number of
witnesses
to be presented in cases falling within the original jurisdiction of
the
court, or those within its appellate jurisdiction where a motion for
new
trial is granted on the ground of newly discovered evidence; and
(d) To take up
such other
latters which may aid the court in the prompt disposition of the case.chanrobles virtual law library
Sec. 2. Record of the conference.chanrobles virtual law library
The proceedings at
such
conference shall be recorded and, upon the conclusion thereof, a
resolution
shall be issued embodying all the actions taken therein, the
stipulations
and admissions made, and the issues defined.chanrobles virtual law library
Sec. 3. Binding effect of the
results of the conference.chanrobles virtual law library
Subject to such
modifications
which may be made to prevent manifest injustice, the resolution in the
preceding section shall control the subsequent proceedings in the case
unless, within five (5) days from notice thereof, any party shall
satisfactorily
show valid cause why the same should not be followed.chanrobles virtual law library
RULE
49ORAL ARGUMENT
Section 1. When allowed.chanrobles virtual law library
At its own instance or
upon
motion of a party, the court may hear the parties in oral argument on
the
merits of a case, or on any material incident in connection therewith.chanrobles virtual law library
The oral argument
shall be
limited to such matters as the court may specify in its order or
resolution.chanrobles virtual law library
Sec. 2. Conduct of oral argument.chanrobles virtual law library
Unless authorized by
the
court, only one counsel may argue for a party. The duration allowed for
each party, the sequence of the argumentation, and all other related
matters
shall be as directed by the court.chanrobles virtual law library
Sec. 3. No hearing or oral argument
for motions.chanrobles virtual law library
Motions shall not be
set
for hearing and, unless the court otherwise directs, no hearing or oral
argument shall be allowed in support thereof. The adverse party may
file
objections to the motion within five (5) days from service, upon the
expiration
of which such motion shall be deemed submitted for resolution.chanrobles virtual law library
RULE
50DISMISSAL OF
APPEAL
Section 1. Grounds for dismissal
of appeal.chanrobles virtual law library
An appeal may be
dismissed
by the Court of Appeals, on its own motion or on that of the appellee,
on the following grounds:
(a) Failure of the
record
on appeal to show on its face that the appeal was taken within the
period
fixed by these Rules;
(b) Failure to
file the notice
of appeal or the record on appeal within the period prescribed by these
Rules;
(c) Failure of
the appellant
to pay the docket and other lawful fees as provided in section 4 of
Rule
41;
(d) Unauthorized
alterations,
omissions or additions in the approved record on appeal as provided in
section 4 of Rule 44;
(e) Failure of
the appellant
to serve and file the required number of copies of his brief or
memorandum
within the time provided by these Rules;
(f) Absence of
specific assignment
of errors in the appellant’s brief, or of page references to the record
as required in section 13, paragraphs (a), (c), (d) and (f) of Rule 44;
(g) Failure of
the appellant
to take the necessary steps for the correction or completion of the
record
within the time limited by the court in its order;
(h) Failure of
the appellant
to appear at the preliminary conference under Rule 48 or to comply with
orders, circulars, or directives of the court without justifiable
cause;
and
(i) The fact that
the order
or judgment appealed from is not appealable.chanrobles virtual law library
Sec. 2. Dismissal of improper
appeal to the Court of Appeals.chanrobles virtual law library
An appeal under Rule
41
taken from the Regional Trial Court to the Court of Appeals raising
only
questions of law shall be dismissed, issues purely of law not being
reviewable
by said court. Similarly, an appeal by notice of appeal instead of by
petition
for review from the appellate judgment of a Regional Trial Court shall
be dismissed.chanrobles virtual law library
An appeal
erroneously taken
to the Court of Appeals shall not be transferred to the appropriate
court
but shall be dismissed outright.chanrobles virtual law library
Sec. 3. Withdrawal of appeal.chanrobles virtual law library
An appeal may be
withdrawn
as of right at any time before the filing of the appellee’s brief.
Thereafter,
the withdrawal may be allowed in the discretion of the court.chanrobles virtual law library
RULE
51JUDGMENT
Section 1. When case deemed
submitted for judgment.chanrobles virtual law library
A case shall be deemed
submitted
for judgment:
A. In ordinary
appeals.-
1) Where no hearing
on the
merits of the main case is held, upon the filing of the last pleading,
brief, or memorandum required by the Rules or by the court itself, or
the
expiration of the period for its filing.chanrobles virtual law library
2) Where such a
hearing is
held, upon its termination or upon the filing of the last pleading or
memorandum
as may be required or permitted to be filed by the court, or the
expiration
of the period for its filing.chanrobles virtual law library
B. In original actions
and petitions
for review.-
1) Where no comment
is filed,
upon the expiration of the period to comment.chanrobles virtual law library
2) Where no
hearing is held,
upon the filing of the last pleading required or permitted to be filed
by the court, or the expiration of the period for its filing.chanrobles virtual law library
3) Where a
hearing on the
merits of the main case is held, upon its termination or upon the
filing
of the last pleading or memorandum as may be required or permitted to
be
filed by the court, or the expiration of the period for its filing.chanrobles virtual law librarychan robles virtual law library
Sec. 2. By whom rendered.chanrobles virtual law library
The judgment shall be
rendered
by the members of the court who participated in the deliberation on the
merits of the case before its assignment to a member for the writing of
the decision.chanrobles virtual law library
Sec. 3. Quorum and voting in
the court.chanrobles virtual law library
The participation of
all
three Justices of a division shall be necessary at the deliberation and
the unanimous vote of the three Justices shall be required for the
pronouncement
of a judgment or final resolution. If the three Justices do not reach a
unanimous vote, the clerk shall enter the votes of the dissenting
Justices
in the record. Thereafter, the Chairman of the division shall refer the
case, together with the minutes of the deliberation, to the Presiding
Justice
who shall designate two Justices chosen by raffle from among all the
other
members of the court to sit temporarily with them, forming a special
division
of five Justices. The participation of all the five members of the
special
division shall be necessary for the deliberation required in section 2
of this Rule and the concurrence of a majority of such division shall
be
required for the pronouncement of a judgment or final resolution.chanrobles virtual law library
Sec. 4. Disposition of a case.chanrobles virtual law library
The Court of Appeals,
in
the exercise of its appellate jurisdiction, may affirm, reverse, or
modify
the judgment or final order appealed from, and may direct a new trial
or
further proceedings to be had.chanrobles virtual law library
Sec. 5. Form of decision.chanrobles virtual law library
Every decision or
final
resolution of the court in appealed cases shall clearly and distinctly
state the findings of fact and the conclusions of law on which it is
based,
which may be contained in the decision or final resolution itself, or
adopted
from those set forth in the decision, order, or resolution appealed
from.chanrobles virtual law library
Sec. 6. Harmless error.chanrobles virtual law library
No error in either the
admission
or the exclusion of evidence and no error or defect in any ruling or
order
or in anything done or omitted by the trial court or by any of the
parties
is ground for granting a new trial or for setting aside, modifying, or
otherwise disturbing a judgment or order, unless refusal to take such
action
appears to the court inconsistent with substantial justice. The court
at
every stage of the proceeding must disregard any error or defect which
does not affect the substantial rights of the parties.chanrobles virtual law library
Sec. 7. Judgment where there
are several parties.chanrobles virtual law library
In all actions or
proceedings,
an appealed judgment may be affirmed as to some of the appellants, and
reversed as to others, and the case shall thereafter be proceeded with,
so far as necessary, as if separate actions had been begun and
prosecuted;
and execution of the judgment of affirmance may be had accordingly, and
costs may be adjudged in such cases, as the court shall deem proper.chanrobles virtual law library
Sec. 8. Questions that may be
decided.chanrobles virtual law library
No error which does
not
affect the jurisdiction over the subject matter or the validity of the
judgment appealed from or the proceedings therein will be considered
unless
stated in the assignment of errors, or closely related to or dependent
on an assigned error and properly argued in the brief, save as the
court
may pass upon plain errors and clerical errors.chanrobles virtual law library
Sec. 9. Promulgation and notice
of judgment.chanrobles virtual law library
After the judgment or
final
resolution and dissenting or separate opinions, if any, are signed by
the
Justices taking part, they shall be delivered for filing to the clerk
who
shall indicate thereon the date of promulgation and cause true copies
thereof
to be served upon the parties or their counsel
Sec. 10. Entry of judgments
and final resolutions.chanrobles virtual law library
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.chanrobles virtual law library
Sec. 11. Execution of judgment.chanrobles virtual law library
Except where the
judgment
or final order or resolution, or a portion thereof, is ordered to be
immediately
executory, the motion for its execution may only be filed in the proper
court after its entry.chanrobles virtual law library
In original actions
in the
Court of Appeals, its writ of execution shall be accompanied by a
certified
true copy of the entry of judgment or final resolution and addressed to
any appropriate officer for its enforcement.chanrobles virtual law library
In appealed cases,
where
the motion for execution pending appeal is filed in the Court of
Appeals
at a time that it is in possession of the original record or the record
on appeal, the resolution granting such motion shall be transmitted to
the lower court from which the case originated, together with a
certified
true copy of the judgment or final order to be executed, with a
directive
for such court of origin to issue the proper writ for its enforcement.chanrobles virtual law library
RULE
52MOTION FOR
RECONSIDERATION
Section 1. Period for filing.chanrobles virtual law library
A party may file a
motion
for reconsideration of a judgment or final resolution within fifteen
(15)
days from notice thereof, with proof of service on the adverse party.chanrobles virtual law library
Sec. 2. Second motion for reconsideration.chanrobles virtual law library
No second motion for
reconsideration
of a judgment or final resolution by the same party shall be
entertained.chanrobles virtual law library
Sec. 3. Resolution of motion.chanrobles virtual law library
In the Court of
Appeals,
a motion for reconsideration shall be resolved within ninety (90) days
from the date when the court declares it submitted for resolution.chanrobles virtual law library
Sec. 4. Stay of execution.chanrobles virtual law library
The pendency of a
motion
for reconsideration filed on time and by the proper party shall stay
the
execution of the judgment or final resolution sought to be reconsidered
unless the court, for good reasons, shall otherwise direct.chanrobles virtual law library
RULE
53NEW TRIAL
Section 1. Period for filing;
ground.chanrobles virtual law library
At any time after the
appeal
from the lower court has been perfected and before the Court of Appeals
loses jurisdiction over the case, a party may file a motion for a new
trial
on the ground of newly discovered evidence which could not have been
discovered
prior to the trial in the court below by the exercise of due diligence
and which is of such a character as would probably change the result.
The
motion shall be accompanied by affidavits showing the facts
constituting
the grounds therefor and the newly discovered evidence.chanrobles virtual law library chan robles virtual law library
Sec. 2. Hearing and order.chanrobles virtual law library
The Court of Appeals
shall
consider the new evidence together with that adduced at the trial
below,
and may grant or refuse a new trial, or may make such order, with
notice
to both parties, as to the taking of further testimony, either orally
in
court, or by depositions, or render such other judgment as ought to be
rendered upon such terms as it may deem just.chanrobles virtual law library
Sec. 3. Resolution of motion.chanrobles virtual law library
In the Court of
Appeals,
a motion for new trial shall be resolved within ninety (90) days from
the
date when the court declares it submitted for resolution.chanrobles virtual law library
Sec. 4. Procedure in new trial.chanrobles virtual law library
Unless the court
otherwise
directs, the procedure in the new trial shall be the same as that
granted
by a Regional Trial Court.chanrobles virtual law library
RULE
54INTERNAL BUSINESS
Section 1. Distribution of
cases among divisions.chanrobles virtual law library
All the cases of the
Court
of Appeals shall be allotted among the different divisions thereof for
hearing and decision. The Court of Appeals, sitting en banc, shall make
proper orders or rules to govern the allotment of cases among the
different
divisions, the constitution of such divisions, the regular rotation of
Justices among them, the filling of vacancies occurring therein, and
other
matters relating to the business of the court; and such rules shall
continue
in force until repealed or altered by it or by the Supeme Court.chanrobles virtual law library
Sec. 2. Quorum of the Court.chanrobles virtual law library
A majority of the
actual
members of the court shall constitute a quorum for its session en banc.
Three members shall constitute a quorum for its sessions of a division.
The affirmative votes of the majority of the members present shall be
necessary
to pass a resolution of the court en banc. The affirmative votes of
three
members of a division shall be necessary for the pronouncement of a
judgment
or final resolution, which shall be reached in consultation before the
writing of the opinion by any member of the division.chanrobles virtual law library
RULE
55PUBLICATION OF
JUDGMENTS
AND FINAL RESOLUTION
Section 1. Publication.chanrobles virtual law library
The judgments and
final
resolutions of the court shall be published in the Official Gazette and
in the Reports officially authorized by the court in the language in
which
they have been originally written, together with the syllabi therefor
prepared
by the reporter in consultation with the writers thereof. Memoranda of
all other judgments and final resolutions not so published shall be
made
by the reporter and published in the Official Gazette and the
authorized
reports.chanrobles virtual law library
Sec. 2. Preparation of opinions
for publication.chanrobles virtual law library
The reporter shall
prepare
and publish with each reported judgment and final 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,
the
authorities cited therein, an a syllabus which shall be confined to
points
of law.chanrobles virtual law library
Sec. 3. General make-up of volumes.chanrobles virtual law library
The published decisions
and final resolutions of the Supreme Court shall be called "Philippine
Reports," while those of the Court of Appeals shall be known as the
"Court
of Appeals Reports." Each volume thereof shall contain a table of the
cases
reported and the cases cited in the opinions, with a complete
alphabetical
index of the subject matters of the volume. It shall consist of not
less
than seven hundred pages printed upon good paper, well bound and
numbered
consecutively in the order of the volume published.chanrobles virtual law library
.
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