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]
ORDINARY
APPEALED CASES
Section 1. Title of cases.
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.
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.
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.
Sec. 4. 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 docket and other lawful fees, the clerk of court of the Court of
Appeals shall docket the case and notify the parties thereof.
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.
Any unauthorized alteration,
omission or addition in the approved record on appeal shall be a ground for
dismissal of the appeal.
Sec. 5. Completion of record.
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.
Sec. 6. 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 shall issue an order
explaining the reasons for such declaration.
Sec. 7. Appellant’s brief.
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.
Sec. 8. Appellee’s brief.
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.
Sec. 9. Appellant’s reply brief.
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.
Sec. 10. Time for filing memoranda
in special cases.
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.
The failure of the appellant to
file his memorandum within the period therefor may be a ground for dismissal of
the appeal.
Sec. 11. Several appellants or
appellees or several counsel for each party.
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.
Sec. 12. Extension of time for
filing briefs.
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.
chan robles virtual law library
Sec. 13. Contents of appellant’s
brief.
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.
Sec. 14. Contents of appellee’s
brief.
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.
Sec. 15. Questions that may be
raised on appeal.
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.
APPEAL BY
CERTIORARI TO THE SUPREME COURT
Section 1. Filing of petition with Supreme Court.
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.
Sec. 2. Time for filing;
extension.
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.
Sec. 3. Docket and other lawful
fees; proof of service of petition.
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.
Sec. 4. Contents of petition.
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.
Sec. 5. Dismissal or denial of
petition.
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.
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.
Sec. 6. Review discretionary.
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.
Sec. 7. Pleadings and documents
that may be required; sanctions.
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.
chan robles virtual law library
Sec. 8. Due course; elevation of
records.
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.
Sec. 9. Rule applicable to both
civil and criminal cases.
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.
ORIGINAL
CASES
Section 1. Title of cases.
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.
Sec. 2. To what actions
applicable.
This Rule
shall apply to original actions for certiorari, prohibition, mandamus and quo
warranto.
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.
Sec. 3. Contents and filing of petition;
effect of non-compliance with requirements.
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.
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.
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.
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.
The failure of the petitioner to
comply with any of the foregoing requirements shall be sufficient ground for
the dismissal of the petition.
Sec. 4. Jurisdiction over person
of respondent, how acquired.
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.
Sec. 5. Action by the court.
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.
Sec. 6. Determination of factual
issues.
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.
Sec. 7. Effect of failure to file
comment.
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.
ANNULMENT
OF JUDGMENTS
OR FINAL
ORDERS AND RESOLUTIONS
Section 1. Coverage.
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.
Sec. 2. Grounds for annulment.
The
annulment may be based only on the grounds of extrinsic fraud and lack of
jurisdiction.
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.
Sec. 3. Period for filing action.
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.
Sec. 4. Filing and contents of
petition.
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.
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.
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.chan robles virtual law
library
Sec. 5. Action by the court.
Should the
court find no substantial merit in the petition, the same may be dismissed
outright with specific reasons for such dismissal.
Should prima facie merit be found
in the petition, the same shall be given due course and summons shall be served
on the respondent.
Sec. 6. Procedure.
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.
Sec. 7. Effect of judgment.
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.
Sec. 8. Suspension of prescriptive
period.
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.
Sec. 9. Relief available.
The
judgment of annulment may include the award of damages, attorney’s fees and
other relief.
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.
Sec. 10. Annulment of judgments or
final orders of Municipal Trial Courts.
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.
PRELIMINARY
CONFERENCE
Section 1. Preliminary conference.
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.
Sec. 2. Record of the conference.
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.
Sec. 3. Binding effect of the
results of the conference.
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.
ORAL
ARGUMENT
Section 1. When allowed.
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.
The oral argument shall be limited
to such matters as the court may specify in its order or resolution.
Sec. 2. Conduct of oral argument.
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.
Sec. 3. No hearing or oral
argument for motions.
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.
DISMISSAL
OF APPEAL
Section 1. Grounds for dismissal of appeal.
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.
Sec. 2. Dismissal of improper
appeal to the Court of Appeals.
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.
An appeal erroneously taken to the
Court of Appeals shall not be transferred to the appropriate court but shall be
dismissed outright.
Sec. 3. Withdrawal of appeal.
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.
JUDGMENT
Section 1. When case deemed submitted for judgment.
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.
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.
B. In
original actions and petitions for review.-
1) Where no comment is filed, upon the expiration of the period to comment.
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.
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.chan robles
virtual law library
Sec. 2. By whom rendered.
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.
Sec. 3. Quorum and voting in the
court.
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.
Sec. 4. Disposition of a case.
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.
Sec. 5. Form of decision.
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.
Sec. 6. Harmless error.
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.
Sec. 7. Judgment where there are
several parties.
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.
Sec. 8. Questions that may be
decided.
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.
Sec. 9. Promulgation and notice of
judgment.
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.
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.
Sec. 11. Execution of judgment.
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.
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.
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.
MOTION FOR
RECONSIDERATION
Section 1. Period for filing.
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.
Sec. 2. Second motion for
reconsideration.
No second
motion for reconsideration of a judgment or final resolution by the same party
shall be entertained.
Sec. 3. Resolution of motion.
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.
Sec. 4. Stay of execution.
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.
NEW TRIAL
Section 1. Period for filing; ground.
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.
chan robles virtual law library
Sec. 2. Hearing and order.
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.
Sec. 3. Resolution of motion.
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.
Sec. 4. Procedure in new trial.
Unless the
court otherwise directs, the procedure in the new trial shall be the same as
that granted by a Regional Trial Court.
INTERNAL
BUSINESS
Section 1. Distribution of cases among divisions.
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.
Sec. 2. Quorum of the Court.
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.
PUBLICATION
OF JUDGMENTS AND FINAL RESOLUTION
Section 1. Publication.
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.
Sec. 2. Preparation of opinions
for publication.
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.
Sec. 3. General make-up of
volumes.
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.
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]
ORIGINAL 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.
APPEALED 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.
