CIRCULAR
NO. 22-92
TO:
THE
INTEGRATED BAR OF THE PHILIPPINES, ALL OTHER BAR ASSOCIATIONS, THE
OFFICE
OF THE SOLICITOR GENERAL AND THE DEPARTMENT OF JUSTICE
SUBJECT:
AMENDING AND MODIFYING SECTION 10 OF RULE 41 AND SECTION 8 OF RULE 46
OF
THE RULES OF COURT PRESCRIBING THE PROCEDURE GOVERNING THE PROCESSING
OF
APPEALS IN THE COURT OF APPEALS AND IN THE REGIONAL TRIAL COURTS; AND
SECTION
13 OF RULE 46 OF THE RULES OF COURT PROVIDING FOR THE TIME OF FILING
MEMORANDA
IN APPEALS IN SPECIAL CASES.
The Court has noted
that the processing of appeals has been delayed because of
non-completion
of the original records. Even after perfection of the appeal, the
records
remain with the court of origin because the records are incomplete. The
Rules of Court Revision Committee has drafted proposals to facilitate
processing
and there is a need for immediate implementation.cralaw:red
The following spacial
rules on appeal are promulgated for that purpose, amending and
modifying
Section 10 of Rule 41 and Section 8 of Rule 46 of the Rules of Court:chanroblesvirtuallawlibrary
Sec. 1. Duty
of clerk of court of the lower court upon perfection of appeal. –
Within
thirty [30] days after perfection of the appeal, it shall be the duty
of
the clerk of court of the lower court:chanroblesvirtuallawlibrary
(a) To
verify the
correctness of the original record or the record on appeal and to make
a certification of its correctness;
(b) To
verify the
completeness of the records that will be transmitted to the appellate
court;
(c) If
found to be
incomplete, to take such measures as may be required to complete the
records,
availing of authority that he or the court may exercise for this
purpose; and cralaw:red
(d) To
transmit the
records to the appellate court.cralaw:red
If the efforts
to complete
the records fail, he shall indicate in his letter of transmittal the
exhibits
or transcript not included in the records being transmitted to the
appellate
court, the reasons for their non-transmittal and the steps taken or
that
could be taken to have them available.
The clerk of the
lower court shall furnish the parties with his letter of transmittal of
the records to the appellate court.cralaw:red
Sec. 2. Docketing
of case. – 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 docketing fee, the clerk of
Court
of Appeals shall docket the case and notify the parties thereof.
Sec. 3. Completion
of record. – Where the record of the docketed case is incomplete,
the
clerk shall so inform the Court of Appeals and recommend to it measures
necessary to complete the record. It shall be the duty of the court to
take appropriate action towards the completion of the record within the
shortest possible time.cralaw:red
Sec. 4. Dispensing
with complete record. – 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 issue an order explaining
the
reasons for such declaration.cralaw:red
The Court also
noted
that the filing of briefs in appeals in special cases, namely:
certiorari,
prohibition, mandamus, quo warranto and habeas corpus, has oftentimes
delayed
the expeditious disposition of cases.
The following special
rule on appeals in special cases is thus promulgated, amending Section
13 of Rule 46 of the Rules of Court:chanroblesvirtuallawlibrary
Time
of filing
memoranda in special cases. – In cases of certiorari, prohibition,
mandamus, quo warranto and habeas corpus, the parties shall file, in
lieu
of briefs, their respective memoranda within a non-extendible period of
thirty [30] days from receipt of notice issued by the clerk that all
the
evidence, oral and documentary, is already attached to all the record.The failure of
the petitioner
to comply with this Rule may be a ground for dismissal of the appeal.
For strict compliance.cralaw:red
This Resolution shall
take effect on June 1, 1992 and shall be prospective in application.
Let
this Resolution be published once a week for three consecutive weeks in
two [2] newspapers of general circulation.cralaw:red
April 1, 1992.
[Sgd.]
AMEURFINA
MELENCIO HERRERAActing
Chief Justice
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