1999 INTERNAL RULES OF THE COURT OF APPEALS (IRCA)

Pursuant to the provisions of Section 12 of Batas Pambansa Blg. 129,

otherwise known as the Judicial Reorganization Act of 1980, as
amended, the Court of Appeals, sitting en banc, and with the approval
of the Honorable Supreme Court, hereby adopts and promulgates the
following Rules to be known as the 1999 Internal Rules of the Court of
Appeals (IRCA): ch an robles virt ual law library

RULE I
ORGANIZATIONAL SET-UP

Section 1. Composition of the Court. — Unless otherwise provided by

law, the Court of Appeals shall be composed of a Presiding Justice and
sixty-eight (68) Associate Justices who shall sit in twenty-three (23)
Divisions of three (3) Justices each. The members of the Court are
classified into three (3) groups according to their seniority or
precedence. The twenty-three most senior members shall be the
Chairmen of the Divisions unless any of them declines in writing to be
the Chairman of a Division, in which case, the senior member next-in-
rank and willing shall be designated by the Presiding Justice as
Chairman of said Division. The twenty-three (23) members next in
precedence shall compose the senior members of the Divisions and
the rest shall be junior members. chanrobles virtu al law librar y

In no case shall there be any diminution in the rank of Justices. (R. A.

8246) chan robles virtual law library

When a senior member is designated to act as Chairman of any

Division, he shall be an "Acting Chairman". In like manner, a junior
member designated to act as Senior Member of any Division shall be
an "Acting Senior Member."

Sec. 2. Stations and Place of Holding Sessions. — ch anroblesvirtual awlibrar y

a. Unless otherwise provided by law, the Court shall have its

permanent stations as follows: the first seventeen (17) Divisions in
Manila, for cases coming from the first to fifth judicial regions; the
eighteenth, nineteenth and twentieth Divisions in Cebu City, for cases
coming from the sixth, seventh, and the twenty-first, twenty-second
and twenty-third Divisions in Cagayan de Oro City, for cases coming
from the ninth, tenth, eleventh and twelfth judicial regions ( R. A.
8246 )

b. Whenever demanded by public interest or justified by an increase in

caseload, the Supreme Court, upon its initiative or upon
recommendation of the Presiding Justice, may authorize any Division
of the Court to hold sessions at such places and for such period as the
Supreme Court may determine, for the purpose of hearing and
deciding cases.
chanrobles virtual law library

c. Trials or hearings in the Court must be continuous and completed

within three (3) months, unless extended by the Chief Justice of the
Supreme Court. (Sec. 1, R. A. 8246 )

Sec. 3. Presiding Officers. — The Court sitting en banc shall be

presided by the Presiding Justice, or in his absence or unavailability,
by the most senior Justice in attendance. When sitting in Divisions,
the Court shall be presided by the Chairman, or in case of his absence
or unavailability, by the senior member of the Division, except in
substitution, in which case, the most senior Justice shall be the Acting
Chairman. chanrobles virtual law library

Sec. 4. Quorum and Voting in Sessions. —

a. A majority of the present membership of the Court (excluding those

on leave) shall constitute a quorum for its session en banc. The
affirmative vote of a majority of those in attendance shall be
necessary to approve any matter submitted for its consideration. chanrobles virtual law librar y

b. The presence of all members of a Division shall constitute a quorum

and their unanimous vote shall be necessary for the pronouncement of
a decision or resolution. In case of failure to have a unanimous vote, a
Special Division of five members shall be constituted in the manner
provided in Section 6 hereof. chanrobles virtual l aw library

Sec. 5. Reorganization of Divisions. —

a. Reorganization of the Divisions shall be effected whenever a

permanent vacancy occurs in the chairmanship of any Division. The
assignment of Justices to the Divisions shall be in accordance with the
order of seniority of the members of the Court. chanrobles virtual law librar y

b. Should appointments to the Court require the creation of a new

Division or Divisions, the rule of seniority shall be observed in the
constitution of the membership thereof. chanrobles virtual law library

c. A permanent vacancy in the ranks of the junior members shall be

filled by the most junior member of the Court as acting junior member
of the Division where the vacancy exists pending the reorganization of
the Divisions, in addition to his duties as regular junior member of his
current Division. (Sec. 5, Rule 1, Revised Internal Rules of the Court of
Appeals (RIRCA). ch anrobles virtual law librar y chan robles virtu al law librar y

Sec. 6. Division of Five. — Whenever the members of a Division fail to

reach a unanimous vote, its chairman shall direct the Raffle
Committee to designate by raffle two (2) additional members of the
Court to constitute a Special Division of five (5). The selection of the
two (2) additional members shall be on a rotation basis. The
concurrence of a majority shall be necessary for the pronouncement
of a decision or resolution. (n)

Sec. 7. Rule on Precedence. — The Presiding Justice enjoys

precedence over all the other members of the Court in all official
functions. The Associate Justices shall have precedence according to
the order of their appointments as officially transmitted to the Court
by the Supreme Court. (Sec. 7, Rule 1, RIRCA)

Sec. 8. Application of the Rule on Precedence. — The rule on

precedence shall be applied in the following instances:

(a) In case of vacancy in the office of the Presiding Justice or in his

absence or inability to perform the powers, functions and duties of his
office, the Associate Justice who is first in precedence shall perform
his powers, functions, and duties as Acting Presiding Justice until
such disability is removed or another Presiding Justice is appointed
and has qualified;

(b) In the determination of the chairmanship of the Divisions;

(c) In the seating arrangement of the Justices in all official

functions;

(d) In the choice of supporting personnel and other employees;

(e) In the choice of office space, facilities, equipment, vehicles, and

cottages: Provided, that the right of choice shall be limited to Justices
who have taken their oaths and assumed office. (Sec. 8, Rule 1,
RIRCA)

Sec. 9. Non-application of the Rule on Precedence. — No precedence in

rank shall be observed in social and other non-official functions. The
rule on precedence shall not be applied in the assignment of cases
amount of compensation, allowances or other forms of remuneration
except in the case of the Presiding Justice or whoever is acting in his
place, the Chairmen of the Divisions and in the payment of longevity
pay. (Sec. 9, Rule 1, RIRCA)

Sec. 10. Appointment of New Justices and Distribution of Cases. —

Whenever new Justices are appointed and there are not enough cases
to be assigned to them, the Presiding Justice shall determined the
number of cases to be unloaded by each Justice, and the number to be
assigned to each of the new Justices, taking into account the number
of years the cases have been pending in the Court and the number of
cases pending with each Justice at the time of such of cases to be
distributed evenly among the new Justices. (Sec. 10, Rule 1, RIRCA)

Sec. 11.Inventory. — Whenever a Justice retires, resigns, dies or

transfers to another office or otherwise ceases to be a member of the
Court, his private secretary shall, within fifteen days therefrom,
submit to the Presiding Justice a complete inventory of all cases
assigned to him, copy furnished the Clerk of Court, the Judicial
Records Division and the Raffle Committee. The private secretary shall
forward the records of said cases to the Judicial Records Division

Sec. 12.Court Officials and Their Duties. —

a. Clerk of Court — The Clerk of the Court is the administrative officer

of the Court. He shall be under the direct supervision of the Presiding
Justice and is accountable to the Court. He shall take charge of the
administrative operations of the Court and exercise general or
administrative supervision over subordinate officials and employees,
except the co-terminus staff. He shall assists the Presiding Justice in
the formulation of programs and policies for the consideration of the
Court en banc. chanrobles virtual law library

b. Assistant Clerk Court — The Assistant Clerk of Court shall assist the
Clerk of Court in the performance of his duties and functions and
perform such other duties and functions as the Presiding Justice or
the Clerk of Court may assign to him. In case of vacancy in the
position of the Clerk of Court, or in his absence or capacity, the
Assistant Clerk of Court shall act as Clerk of Court shall act as Clerk of
Court until the latter reports for duty or his successor shall have been
appointed and qualified. chanrobles virtual law libr ary

c. Division Clerk of Court — Each Division of the Court shall be assisted

by a staff composed of one (1) Division Clerk of Court (Executive Clerk
of Court II), one (1) Assistant Division Clerk of Court (Executive Clerk
of Court I) and such personnel as the exigencies of the service may
warrant. The Division Clerk of Court and his staff shall be under the
direct control and supervision of the Chairman of the Division. ch anrobles virtual law library

The Division Clerk of Court shall:

(1) Among other duties and responsibilities, direct and supervise the
staff of the Division; maintain the records of the Division in an orderly
manner; keep track of the status and progress of cases assigned to
the Division; monitor papers, pleadings, motion, etc. filed with the
Receiving Section in connection with any pending case; update the
records of all cases; examine the records of cases to be acted upon by
the Division both in the completion process and decisional stage, such
as but not limited to payment of docket and other legal fees, filing of
briefs, memoranda and other legal papers within the allowable
periods; prepare the agenda of motions and other incidents for action
by the Division; issue minute resolutions, notices of decisions,
resolutions and hearings, summons, subpoenas, writs and other
processes under the authority of the Division; attend the hearings of
the Division, supervise the stenographers in the recording of the
proceedings, and prepare the minutes thereof; receive the decisions
and resolutions of the Division for promulgation; and make entries of
judgment; and

(2) Immediately report to the Justice assigned to study the case the
failure of any party or parties to comply with any resolution or order
of the Court within the period prescribed therefor. (Sec. 11, Rule 1,
RIRCA)

d. Court Reporter — The Reporters shall: cral aw

(1) Keep custody of the original copies of the decisions and final
resolutions of the Court; cause the binding of the same in separate
volumes; have supervision and control over his staff; distribute to the
Justices copies of apparently conflicting decisions of the Court of
which they should be apprised;

(2) Publish, with the consent of the ponente, in the Official Gazette
and in the Court of Appeals Reports the decisions and final resolutions
together with their syllabi in consultation with the ponente;

(3) Prepare, syllabi of all decision and final resolutions of the Court
that have become final and executory and distribute them to all
members of the Court; (Sec. 11, Rule 1, RIRCA)

(4) 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, and a
syllabus which shall be confined to points of law; and

(5) Prepare memoranda of all unpublished judgments and final

resolutions and publish the same in the Official Gazette and the Court
of Appeals Reports. (Secs. 1 and 2, Rules 55, 1997 Rules of Civil
Procedure [RCP])

Original copies of decisions and resolutions shall not be taken out of

the premises of the Court without the written authority of the
Presiding Justice. (Sec. 11, Rule 1, RIRCA)

Each volume of the Court of Appeals Reports 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
volumes published. (Sec. 3, Rule 55, RCP)

Certified copies of decisions and resolutions of the Court shall be

released only upon written request, payment of the proper fees and
presentation of the corresponding receipt to the Court Reporter. chanrobles virtual law library

The Division Clerks of Court must transmit the original and two (2)
copies of decision and resolution to the Court Reporter within twenty-
four (24) hours from promulgation. chanrobles virtual law library
Sec. 13. .Appointment of Court Officials and Other Employees. — The
Clerk of Court, Assistant Clerk of Court, Division Clerks of Court and
Court Reporter shall be recommended by the Court en banc for
appointment by the Supreme Court. All other personnel of the Court
shall be recommended by the Presiding Justice. Upon receipt of the
Supreme Court resolution appointing said officials and employees, the
Presiding Justice shall immediately execute and issue to the appointee
the corresponding commissions evidencing the appointment. chanrobles virtual law library

The appointee may then take his oath of office and perform his duties
and responsibilities. ch anrobles virtual law library

No recommendee shall assume the duties of the position to which he

is recommended for appointment before the issuance of his
appointment, except in meritorious cases and with the prior approval
of the Chief Justice. chanrobles virtual law library

For purposes of the Civil Service Law, the Commission shall serve as
the appointment paper of the appointee and a copy thereof shall then
be forwarded to the Civil Service Commission together with all other
supporting papers. chanrobles virtu al law library

All resignations, from office shall be submitted to the Supreme Court.

(Sec. 12, Rule 1, RIRCA)

RULE 2
JURISDICTION AND POWERS OF THE COURT

Section 1. Exercise of Powers and Functions. — The Court shall

exercise its adjudicatory powers, functions and duties through its
twenty-three (23) divisions. It sits en banc for the exercise of
administrative, ceremonial and non-adjudicatory functions. (R. A.
8246 and Sec. 1, Rule 2, RIRCA)chan robles virtual law library

Sec. 2. Matters Cognizable by the Court En Banc. — The Court shall sit
in en banc to, among other things:

(a) Promulgate rules relative to the organization or reorganization of

the Divisions of the Court, assignment of the Justices, distribution of
cases, and other matters concerning the operation and management
of the Court and its Divisions;
(b) Act on administrative matters, including the regrouping, merger or
abolition of existing offices, units or services, the creation of new
ones, or the transfer of functions of one office, unit or service to
another as the exigencies of the service may require;

(c) Adopt uniform administrative measure; procedures, and policies

for the protection and preservation of the integrity of the judicial
processes, the speedy disposition of cases, and the promotion of
efficiency of the personnel;

(d) Discuss and thresh out divergent views on any particular question
of law so as to reach a consensus thereon or to minimize, if not
completely avoid, conflict of decisions and resolutions of the different
Divisions of the Court on the interpretation and application of any
question or provision of law;

(e) Take up other administrative matters which the Presiding Justice

or any member may suggest for consideration and inclusion in its
agenda;

(f) Recommend to the Supreme Court the appointment of the Clerk of

Court, Assistant Clerk of Court, Court Reporter and Division Clerks of
Court; and

(g) Receive foreign and local dignitaries, important guests and

visitors, honor a colleague or retiring member of the Court, hold
necrological services for its members who die in office, and honor
members who die after retirement. (Sec. 2, Rule 2, RIRCA)

Sec. 3. Jurisdiction and Manner of Exercise of Adjudicatory Powers of

the Court by Divisions. — In the exercise and discharge of the
adjudicatory powers, functions and duties of the Court, the Divisions
concerned may hold sessions in chambers. chanrobles virtual law library

Unless otherwise provided by law or the Rules of Court, the Court

shall have:

(a) Original jurisdiction to issue writs of mandamus, prohibition,

certiorari, habeas corpus, and quo warranto, and other ancilliary writs
or processes whether or not in aid of its appellate jurisdiction;

(b) Exclusive original jurisdiction over actions for annulment of

judgments of Regional Trial Courts;

(c) Exclusive appellate jurisdiction over all other final judgments,

decisions, resolutions, orders or awards of Regional Trial Courts and
quasi-judicial agencies, boards, commissions or offices not falling
within the exclusive jurisdiction of the Supreme Court or other
tribunals;

(d) Authority to receive other evidence and perform acts necessary for
the resolution of factual issues raised in cases falling within its
original and appellate jurisdiction;

(e) Authority to receive newly discovered evidence relied upon by the

movant in cases within its appellate jurisdiction wherein new trial has
been granted by the Court;chan robles virtual law library

(f) The power to —

(1) Decide cases or resolve incidents deliberated upon by its

members;

(2) Cite and punish for contempt any person guilty of any
contumacious act against the Court, its Division or any member
thereof in connection with a case cognizable by the Division;

(3) Decide whether or not to give due course to original petitions,

including petitions for review; and

(4) Subject to constitutional and statutory requirements, adopt its

own rules in the conduct of hearings, preparation of agenda,
determination of cases and incidents and rendition of decisions or
resolutions. (Sec. 3, Rule 2, RIRCA)

RULE 3
FILING, RAFFLE, ASSIGNMENT AND CONSOLIDATION OF CASES;
DISPOSITION OF INTERLOCUTORY MATTERS

Section 1. Case Control. — The members of the Court shall supervise

and control the flow of cases from the time they are filed up to the
time they are remanded to the courts to the courts or agencies of
origin to ensure their speedy disposition. (Sec. 1, Rule 3, RIRCA)
Sec. 2. Form —

a. Pleadings, motions or other papers shall conform with the

provisions of the Rules of Court on matters of form and indicate the
dates and places of issue of receipts for payment of privilege tax and
IBP annual dues of counsel. Motions shall not contain a notice of
hearing. (Sec. 11, Rule 13, RIRCA)

b. Proof of service of such pleadings, motions or other papers on the

adverse party or parties must be shown therein. If not served
personally, there must be a written explanation why the personal
service was not done. (Sec. 11, Rule 13, RCP)

c. Motions for extension shall state the material dates showing their
timeliness; otherwise, they shall be denied. chanrobles virtu al law librar y

Sec. 3. Modes of Filing. —

a. Pleadings, motions or other papers may be filed with the Court

either by personal delivery or by registered mail. chanrobles virtual law librar y

b. If filed personally, the pleadings, motions or other papers shall be

deemed filed with the Court on the date and hour stamped on the face
thereof by the Receiving Section of the Court. chanrobles virtual law librar y

c. If filed by registered mail, the pleadings, motions, or other papers

shall be deemed filed on the date of mailing stamped by the post
office of origin.chanrobles virtual law librar y

Sec. 4. Other Modes of Filing. —

a. Pleadings, motions or other papers may also be filed by ordinary

mail, speed mail, private messengerial service, or by any mode other
than personal delivery or registered mail, as may be allowed by law. chanrobles virtual law

library

b. Pleadings, motions or other papers filed through any of the modes

under the preceding paragraph shall be deemed filed on the date and
time are actually received by the Court. chanrobles virtual law library

Sec. 5. Manner of Filing; Duty of the Receiving Section. —

a. Pleadings, motions or other papers shall be filed with the Receiving

Section of the Court and not with the Justices or Division Clerks of
Court.chan robles virtual law library

b. Upon receipts of pleadings, motions or other papers filed by

personal delivery, the Receiving Section shall promptly and legibly
stamp on the first page thereof the exact date and hour they were
received by the Court. chanrobles virtual law library

c. If the filing is by registered mail, the Receiving Section shall legibly

stamp or indicate on the first page of the pleading, motion or other
papers the date of actual receipt by the Court and the fact that the
same were received by registered mail. The corresponding envelope
or portion thereof showing the date of mailing and registry stamp
shall be attached to the rollo. chanrobles virtual law library

d. Where the filing is by any of the modes under Section 4 [a] hereof,
the date and time of receipt shall be stamped by the receiving clerk on
the first page of the pleadings, motions, or other papers and on the
envelope containing the same, and signed by him. chanrobles virtu al law librar y

Sec. 6. Raffle of Cases. — Assignment of cases to a particular Justice

shall be done strictly by raffle, whether it be the first raffle for
completion of records or the second raffle for study and report,
subject to the following rules:

(a) All appealed cases for completion shall be raffled to individual

Justices;

(b) All appealed cases, the records of which have been completed,
shall be re-raffled for assignment to a Justice for study and report;

(c) Special cases or petitions, including petitions for review under

Rules 42 and 43 of the Rules of Court, annulment of judgments under
Rule 47, special civil actions under Rules 65 and 66, special
proceedings under Rules 71 and 102 of said Rules, and all other
petitions, shall be raffled to a Justice for completion, study and report;
and

(d) When a Justice to whom a case is raffled cannot, for any cause or
reason, act thereon, the case shall be re-raffled. (Sec. 5, Rue 3,
RIRCA)
Sec. 7. Raffle Procedure. —chan robles virtual law library

a. The raffle of cases shall be open to the public and conducted daily
at 10:30 a.m., except in special raffle. chanrobles virtual l aw library

b. The raffle of cases shall be conducted by the Raffle Committee

composed of the Justices of a Division chosen for the day which shall
choose by Raffle the Raffle Committee for the following day. The staff
of the committee shall be designated by the Presiding Justice for one
year, unless sooner changed. chanrobles virtual law library

c. To assure equality in the number and nature of cases assigned to

each Justice, separate listings shall be made of cases falling under the
following categories: (1) appealed civil cases; (2) appealed criminal
cases; (3) appealed criminal cases with detention prisoners; (4)
habeas corpus cases; (5) labor cases; (6) agrarian cases; (7) Civil
Services Commission and Ombudsman cases; (8) other petitions; and
(9) cases involving substitution of a ponente, or requiring the
temporary designation of a Justice or Justices to fill a temporary
vacancy, or calling for the creation of a Division of five. chanrobles virtual law library

d. All requests for substitution and notices of inhibition shall be

attached to the rollo. chanrobles virtual law library

e. No special raffle shall be counted except on grounds of urgent

necessity and only when authorized in writing by the Presiding Justice
or in his absence or unavailability, by the most senior Justice present.
The special raffle shall be conducted by the Raffle Committee for the
day or by any its members present; otherwise, the Presiding Justice
himself shall conduct the raffle or may assign another Justice to do so.
No special raffle shall be conducted after office hours. ch anrobles virtual law librar y

f. The Raffle Staff shall furnish the Justices with the results of the
raffle not later than the following working day. chanrobles virtual law libr ary

g. Upon retirement or cessation from office of a Justice, his pending

cases shall be re-raffled within three (3) months, unless otherwise
directed by the Presiding Justice, to the other Justices, except in those
cases contemplated in Section 3 (e), Rule 12 hereof, which shall be re-
raffled between the remaining Justices of the Division who
participated therein.chanrobles virtual law library
h. Whenever a Justice goes on leave, or three (3) months before he
retires, he shall be exempt from the raffle of cases. (Sec. 6, Rule 3,
RIRCA)

Sec. 8. Consolidation of Cases. — Whenever related cases are assigned

to different Justices, they may be consolidated and assigned to a
single Justice.
chanrobles virtu al law librar y

a. At the instance of any party of Justice to whom the case is

assigned, and with the conformity of all the Justices concerned, the
consolidation may be allowed when the cases involve the same parties
and/or related questions of fact and/or law. chanrobles virtu al law librar y

b. Consolidated cases shall pertain —

(1) To the Justice to whom the case with the lowest docket number
had been assigned, if they are of the same kind;

(2) To the Justice to whom the criminal case with the lowest docket
number had been assigned, if one or more of the cases are criminal
and others or others are or special;

(3) To the Justice to whom the civil case is assigned or to the Justice
to whom the civil case with the lowest docket number had been
assigned, if the cases involved are purely civil and special cases. chan robles virtual law librar y

c. The Justice to whom the consolidated cases are may transfer to the
Justice from whom the consolidated case or cases have been taken, a
case or cases of his own in exchange for those assigned to him. The
case given in exchange should as much as possible be of the same
kind and have the same status as the one being replaced. However, a
case which had already been given due course, or in which a
temporary restraining order or preliminary injunction had been
granted, or a hearing had been conducted, should not be given in
exchange of consolidated cases. chanrobles virtual law library

d. Notice of the consolidation and replacement shall be given to the

Raffle Staff and the Judicial Records Division. (Sec. 7, Rule 3, RIRCA)

Sec. 9. Action by the Presiding Justice. — When a petition includes an

application for writ of habeas corpus, or a temporary restraining
order, or involves any other urgent matter and there is no way to
convene the Raffle Committee or call any of its members, the
Presiding Justice may act on such matter, subject to a raffle on the
next working day in accordance with Section 7 of this Rule. ch anrobles virtual law library

Sec. 10. Action by a Justice. — The following may be acted upon by the
Justice to whom the case is assigned.chanrobles virtual law librar y

(a) Motions for bail;

(b) Motions or applications for temporary restraining order and other

auxiliary writs;

(c) Motions for extension of time to file petitions for review;

(d) Motions for extensions of time to file briefs, answers, replies

comments, oppositions and memoranda; and

(e) Motions to set a case for preliminary conference, hearing or oral

arguments. (Sec. 9, Rule 3, RIRCA)

Sec. 11. Absence of the Assigned Justice. — When the Justice to whom
a case is assigned is absent or unavailable, the motions enumerated in
the preceding section may be acted upon by the Chairman or in his
absence, by the other member of the Division. If all the members of
the Division are absent, any application for a writ of habeas corpus or
a temporary restraining order shall be referred to the Presiding
Justice for appropriate action. (Sec. 10, Rule 3, RIRCA)

Sec. 12. Action by the Division. — The following shall be considered

and acted upon by the Division:

(a) All matters not mentioned in the two preceding sections of this
Rule; and

(b) Motions for reconsideration of the action taken by a Justice or a

Division Clerk of Court. (Sec. 11, Rule 3, RIRCA)

Sec. 13. Action by Division Clerks of Court. — The Division Clerks of

Court may, upon written authority of the Chairman and the members
of the Division, perform the following:

(a) To grant extension of time to file briefs which shall not exceed a
total of sixty (60) days for both the appellant and the appellee, and
reply brief which shall not exceed a total of fifteen (15) days;

(b) To grant extensions of time to file answer, comment, reply,

opposition, memoranda, when allowed by law, which shall not exceed
the original period;

(c) To grant leave to correct typographical errors in briefs, pleadings,

petitions, motions and other papers;

(d) To require service of copies of briefs, pleadings, motions or other

papers upon the adverse parties and proof of service of briefs,
pleadings, motions and other papers;

(e) To inform a party to comply with Rule 45 of the Rules of Court

when notice of appeal of the decision of this Court to the Supreme
Court has been improperly filed with this Court;

(f) To declare and notify the parties that their case has been
submitted for study and report after the filing of, or upon the
expiration of the period to file, the appellee's brief or the reply brief;
Provided, however, that there is proof that the adverse party had been
served with the required number of copies of the appellant's brief or
the appellee's brief;

(g) To enter judgment upon the finality of the decision or resolution;

(h) To require the parties to submit the required number of copies of

their pleadings;

(i) to require submission of missing transcripts of stenographic notes,

exhibits or other material portions in the original record as reported
by the Judicial Records Division; and

(j) To act any other matters assigned to him. (Sec. 8, Rule 3, RIRCA)

Sec. 14. Procedure in the Disposition of Pleadings, Motions, or Other

Papers. —

a. All pleadings, motions or other papers filed with the Receiving

Section of the Judicial Records Division shall be entered in the docket
book and shall be attached properly to the rollo of the case, paged
consecutively and thereafter forwarded to the Division Clerk of Court
concerned within two (2) working days. chanrobles virtual l aw librar y

b. If the pleadings, motions or other papers do not fall within the

authority of the Division Clerk of Court to act upon, he shall cause an
agendum thereof to be submitted to the Division concerned within
three (3) working days from the time the rollo, together with the
pleadings, motions or other papers were received in his office. chanrobles virtu al law library

c. The Division Clerk of Court shall state in the agendum, with page
references, the antecedents of the case which are necessary for the
understanding of the matter, a synopsis of the motion or incident and
of the opposition thereto, if any, the issues involved and his remarks
or recommendation. (Sec. 12, Rule 3, RIRCA)

RULE 4
PROCEDURE IN ORDINARY APPEALS IN CIVIL CASES

Section 1. How Taken. — The appeal to the Court in cases decided by

the Regional Trial Court in the exercise of its original jurisdiction shall
be taken by filing a notice of appeal with the court which rendered the
judgment or final order appealed from and serving a copy thereof
upon the adverse party. No record on appeal shall be required except
in special proceedings and other cases of multiple or separate appeals
where the law or the Rules of Court so require. In such cases, the
record on appeal shall be filed and served in like manner. (Sec. 2(a),
Rule 41, RCP)

Sec. 2. Title of Cases. — In all cases appealed to the Court under Rule
41 of the Rules of Court, 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.
(Sec. 1, Rule 44, RCP )

Sec. 3. Period of Ordinary Appeal. — The appeal shall be taken within

fifteen (15) days from notice of the judgment or final order appealed
from. Where a record on appeal is required, the appellant shall file a
notice of appeal and a record on appeal within thirty (30) days from
notice of the judgment or final order. (Sec. 3, Rule 41, RCP )

The period of appeal shall be interrupted by a timely motion for new

trial or reconsideration. No motion for extension of time to file a
motion for new trial or reconsideration shall be allowed. (Sec. 3, Rule
41, RCP )

Sec. 4. Appellate Court Docket and Other Lawful Fees. —

a. Within the period for taking an appeal, the appellant shall pay to
the clerk of the court which rendered the judgment or final order
appealed from, the full amount of the appellate court docket and other
lawful fees. Proof of payment of said fees shall be transmitted to this
Court together with the original record or the record on appeal. (Sec.
4, Rule 41, RCP)

b. Failure to pay said fees on time is ground for dismissal of the

appeal (Sec. 1 (c), Rule 50, RCP)

Sec. 5. 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 this Court. When others
appear or are appointed, notice thereof shall be served immediately
on the adverse party and filed with the Court. (Sec. 2, Rules 44, RCP)

Sec. 6. Transmittal. — The clerk of the trial court shall transmit to the
Court the original record or the approved record on appeal within
thirty (30) days from the perfection of the appeal, together with the
proof of payment of the appellate court docket and other lawful fees,
a certified true copy of the minutes of the proceedings, the order of
approval, the certificate of correctness, and the original documentary
evidence referred to therein and three (3) copies of the transcripts.
Copies of the transcripts and certified true copies of the documentary
evidence shall remain in the lower court for the examination of the
parties. (Sec. 12, Rule 41, RCP)

Sec. 7. 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 Judicial Records Division shall
docket the case and notify the parties thereof. (Sec. 4, Rule 44, RCP)

Sec. 8. Completion of Record. — Where the record of the docketed

case is incomplete, the Judicial Records Division shall so inform the
court of origin and recommend to it measures necessary to complete
the record. The court of origin shall take appropriate action towards
the completion of the record within the shortest possible time. (Sec. 5,
Rule 44, RCP)

Sec. 9. 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 reason for such
declaration. (Sec. 6, Rule 44, RCP)

Sec. 10. 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. 7, Rule 44, RCP)

Sec. 11. 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. 8,
Rule 44, RCP)

Sec. 12. 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. 9, Rule 44, RCP)

Sec. 13. 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 copy of the brief. When several counsel represent one
appellant or appellee, copies of the brief may be served upon any of
them. (Sec. 11, Rule 44, RCP)

Sec. 14. Extension of Time for Filing Brief. — Extension of time for the
filing of brief 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. (Sec. 12, Rule 44, RCP)
Sec. 15. Contents of Appellant's Brief. — The appellant's brief shall
contain, in the order herein indicted, 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 if 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 the record on appeal, the appellant's

brief shall contain, as an appendix, a copy of the judgment or final
order appealed from. (Sec. 13, Rule 44, RCP)

Sec. 16. 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 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. (Sec. 14, Rule 44, RCP)

Sec. 17. Question that may be Raised on Appeal. — Whether or not the
appellant has filed a motion for a 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. (Sec. 15, Rule 44, RCP)

Sec. 18. Processing of Civil Cases. —

a. Upon receipt of the original record, whether by personal delivery or

by mail, the Civil Section of the Judicial Records Division shall
immediately:

(1) Check proof of payment of the full amount of the appellate court
docket and other lawful fees to the clerk of court of the court which
rendered the appealed judgment or order;
(2) Check if all the required documents and papers enumerated in
Section 6 of this Rule have been transmitted, prepare the
corresponding rollo, docket the case and assign the corresponding CA-
G.R. CV number;

(3) Submit the case to the raffle staff for inclusion in the list of cases
to be raffled for completion of records;

(4) Report to the Division Clerk of Court concerned the specific lacking
portions of the records, for appropriate action, in case the records
transmitted are incomplete;chan robles virtual law library

(5) Write the branch clerk of the court of origin if the incomplete
record is received by mail without explanation for its incompleteness
for him to get the records personally from the Court or submit the
missing parts of the records, copy furnished the appellant; and

(6) Issue a notice to file appellant's brief within forty-five (45) days
from receipt of the notice. The notice shall require that a copy of the
appealed decision or order be appended to the brief. (Sec. 2, Rule 4,
RIRCA)

b. If the records are being transmitted personally, the Civil cases

Section shall immediately check the records in the presence of the
filer, refuse acceptance thereof if incomplete, issue a list of the
missing portions of the records, and require the branch clerk of the
court of origin to submit the same within thirty (30) days from notice.
(N)

c. If the transcript of stenographic notes is incomplete, the Civil Cases

Section shall send a notice directly to the stenographer concerned. A
notice shall also be issued to appellant's counsel with a warning that
failure on his part to take the necessary steps to complete or correct
the record and transcripts within thirty (30) days from notice will
result in the dismissal of the appeal. (Sec. 2, Rule 4, RIRCA)

Sec. 19. Issuance of Notices. — All notices mentioned in this Rule shall
be issued in the name of The Clerk of Court by the Division Clerk of
Court or the Chief, Judicial Records Divisions. (Sec. 3, Rule 4, RIRCA)
Sec. 20. Form of Briefs. —

a. Briefs to be filed 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 in
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. (Sec. 4, Rule 4, RIRCA)

b. All copies of briefs, whether printed, typewritten or mimeographed,

shall be signed and dated. chanrobles virtual law librar y

Sec. 21. When Case Deemed Submitted. —

a. After the briefs have been filed or the periods for their filing have
expired, the Judicial Records Division shall submit the case to the
Division Clerks of Court with the appropriate report that the case is
now ready for re-raffle to a Justice for study and report. chanrobles virtual law library

b. A list of cases submitted for study and report, corresponding to the

same number as the present number of the members of the Court,
shall be prepared by the Judicial Records Division in Chronological
order according to the date when the case is deemed ready for study
and report, to be submitted to the Raffle Committee for re-raffle
courtwide. Submission to the Raffle Committee shall be made
immediately after the number of cases to be raffled shall have equaled
the number of Justices present. (n)

Sec. 22. Dismissal of Appeal. — An appeal may be dismissed by the

Court, on its own motion or on that of the appellee, on any of the
grounds under Section 1, Rule 50 of the Rules of Court. chanrobles virtual law library

Sec. 23. Dismissal of Improper Appeal. —

a. An appeal Rule 41 of the Rules of Court taken from the Regional

Trial court to this Court raising only questions of law shall be
dismissed, issues purely of law not being reviewable by this Court.
Similarly an appeal by notice of appeal instead of by petition for
review from the judgment of a Regional Trial Court in the exercise of
its appellate jurisdiction shall be dismissed. chanrobles virtual l aw library
b. An appeal erroneously taken to this Court shall not be transferred
to the appropriate court but shall be dismissed outright. (Sec. 2, Rule
50, RCP)

Sec. 24. Withdrawal of an 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. (Sec. 3,
Rule 50, RCP)

Rule 5
PROCEDURE IN ORDINARY APPEALS IN CRIMINAL CASES

Section 1. Processing of Criminal Cases. — The original records of

criminal cases shall be processed by the Criminal Cases Section in
accordance with Section 18, Rule 4 of these Rules insofar as
applicable, and assigned a corresponding CA-G.R. CR number. (Sec. 2,
Rule 5, RIRCA)

Sec. 2. Docket and other Lawful Fees. — No payment of docket and

other lawful fees shall be required in criminal cases except in petitions
for review of criminal cases and appeals from confiscation or
forfeitures of bail bond. (Sec. 3, Rule 5, RIRCA)

Sec. 3. Counsel de Oficio. — If it appears from the record of the case

as transmitted that the accused is confined in prison, without counsel,
and has signed the notice of appeal himself or where the accused is
not confined in prison but request, within ten (10) days from receipt
of notice to file his brief, to be defended de oficio and his request is
supported by an affidavit of poverty, the Division Clerk of Court
concerned, after consultation with the Judicial Records Division, shall
designate by rotation a member of the Bar holding office in
Metropolitan Manila to defend him, unless otherwise directed by the
Court in accordance with Section 2, Rule 124 of the Rules of Court.
(Sec. 4, Rule 5, RIRCA)

Sec. 4. Form and Contents of Briefs. — In appealed criminal cases, the

provisions of Sections 6 and 7, Rule 124, in relation to Sections 13 and
14, Rule 44 of the Rules of Court, shall be followed. (Sec. 5, Rule 5,
RIRCA)
Sec. 5. Issuance of Notices. — All notices shall be issued in the name
of the Clerk of Court and signed by the Division Clerk of Court or by
the Chief of the Judicial Records Division. (Sec. 6, Rule 5, RIRCA)

Sec. 6. Appeals from Confiscation of Bail Bonds. — Appeals from

orders of confiscation or forfeiture of bail bonds shall be treated as
appeals in civil cases. The green-colored rollo cover for civil cases
shall be used over the cream-colored cover for criminal cases. The
case shall be recaptioned "Republic of the Philippines, plaintiff-
appellee versus the bondsman/surety, defendant-appellant". (Sec. 7,
Rule 5, RIRCA)

Sec. 7. Appeals from Contempt of Court. — Appeals from orders

finding a person in indirect contempt of court shall be treated as
appeals in criminal cases. (n)chan robles virtual law library

Sec. 8. Dismissal of Appeal due to Abandonment of Failure to

Prosecute. — The Court may, upon motion of the appellee or on its
own motion and notice to the appellant, dismiss the appeal if the
appellant fails to file his brief within the time prescribed by the Rules
of Court, except in case the appellant is represented by a counsel de
oficio.
chanrobles virtual law library

The Court may also, upon motion of the appellee or on its own motion,
dismiss the appeal if the appellant escapes from prison or
confinement or jumps bail or flees to a foreign country during the
pendency of the appeals. (Sec. 8, Rule 124, Rules of Criminal
Procedure)

Sec. 9. Prompt Disposition of Cases. — All appeals where the accused

is under detention shall have precedence over other appeals. The
court shall hear and decide the appeal at the earliest practicable time
with due regard to the rights of the parties. The accused need not be
present in court during the hearing of the appeal. (Sec. 9, Rule 124,
Rules of Criminal Procedure)

Sec. 10. Power of the Court on Appeal. — Upon appeal from a

judgment of the Regional Trial Court, this Court may reverse, affirmed
modify the judgment and increase or reduce penalty imposed by the
trial court, remand the case for new trial or retrial, or dismiss the
case. (Sec. 11, Rule 124, Rules of Criminal Procedure)

RULE 6
 ANNULMENT OF JUDGMENTS OF FINAL ORDERS AND RESOLUTIONS

Section 1. Coverage. — This Rule shall govern the annulment by the

Court 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. 1, Rule 47, RCP)

Sec. 2. Filing and Contents of Petition. —

a. A verified petition for annulment of judgment or final order or

resolution in a civil action from the Regional Trial Court shall state
with particularly 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 l aw library

b. The petition shall specifically allege that 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 l aw library

c. The petition shall be filed in seven (7) clearly legible copies,

together with sufficient copies corresponding to the number of
respondents. chanrobles virtual law library

d. A certified true copy of the judgment or final order or the 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 librar y

e. The petitioner shall also submit together with the petition, a sworn
certification that he has not therefore commenced any other action
involving the same issues in the Supreme Court, this Court or any
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 with the Supreme Court, this Court 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; Provided that, if the
petitioner is a juridical entity, the authority of the person subscribing
such certification shall be duly supported by a secretary's certificate
or board resolution showing his authority to represent the petitioner.
(Sec. 4, Rule 47, RCP)
All petitioner are required to sign the certification by themselves or
through their duly authorized representative. In the latter case, a
power of attorney shall be attached to the petition. In case only some
of the petitioners signed such certification, the petition shall be
dismissed. chanrobles virtual l aw library

Sec. 3. Processing of Petition. —

a. The petition shall be accompanied by an amount sufficient to cover

payment of the corresponding docket and other lawful fees including
the costs prescribed in Section 8, Rule 16 thereof, unless the
petitioner is exempt from the payment of said fees. chanrobles virtu al law library

b. Upon the filing of the petition and payment of the docket and other
lawful fees, as well as the deposit for costs, the Special Cases Section
shall prepare the rollo, record the same in the docket book for special
cases and then assign the corresponding CA-G.R. SP number;
otherwise, if the amount remitted is insufficient, then the Special
Cases Section shall assign the petition a UDK-SP number. A notation
of the payment or non-payment of the docket and other lawful fees or
the insufficiency thereof shall be made by the Special Cases Section
on the first page of the rollo. The rollo shall then be forwarded to the
raffle staff for assignment to a Justice for appropriate action. The
Special Cases Section, through the Division Clerk of Court, shall
likewise make a simultaneous report to the assigned Justice of the
non-payment of the docket fee and other lawful fees, or the
incompleteness of the petition. (n)

Sec. 4. Judicial Action. —

a. Failure of the petition to pay the docket and other lawful fees, or to
submit any of the papers and documents mentioned under paragraphs
(d) and (e), Section 2 hereof, or to specifically allege in the petition
that the remedies are no longer available through no fault of the
petitioner as required under paragraph (b), Section 2 hereof, shall be
a sufficient ground for the dismissal of the petition. chanrobles virtu al law libr ary

b. Should the Court find no merit in the petition, either in form or

substance, the same may be dismissed outright with specific reasons
for such dismissal. chanrobles virtual law library
c. Should the petition be found to be prima facie meritorious, the same
shall be given due course and summons shall be served upon the
respondent. (Sec. 5, Rule 47, RCP)

Sec. 5. Procedure. — The procedure in ordinary civil cases shall be

observed, but the Court may require the parties and counsel to appear
for a preliminary conference in accordance with Rule 10 hereof. If it
appears, however, that there is a need for reception of evidence on
any of the matters, taken during the conference, such reception of
evidence may be referred to a member of the Court or to a judge of
the Regional Trial Court. (Sec. 6, Rule 47, RCP)

Sec. 6. 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. 7, Rule 47, RCP)

RULE 7
PROCEDURE IN SPECIAL CIVIL ACTIONS AND HABEAS CORPUS

Section 1. Special Civil Actions or Special Proceedings. — Original

verified petitions for certiorari, prohibition, mandamus, habeas
corpus, quo warranto and other petition may be filed with the
Court. Action for certiorari, prohibition and mandamus are governed
by Rule 65, quo warranto by Rule 66, and habeas corpus by Rule 102
of the Rules of Court.
chanrobles virtual law library

Sec. 2. When to File Petition. —

a. A petition under Rule 65 of the Rules of Court may be filed no later

than sixty (60) days from notice of the judgment, order or resolution
sought to be assailed in this Court, whether or not the same is in aid
of its appellate jurisdiction. The petition shall also be filed with and
cognizable only by this Court if it involves acts or omissions of a
quasi-judicial agency, unless otherwise provided by law or the Rules
of Court. (Sec. 4, Rule 65, RCP)

b. If the petitioner had timely filed a motion for new trial or

reconsideration after notice of said judgment, order or resolution, the
period herein fixed shall be interrupted. If the motion is denied, the
aggrieved party may file the petition within the remaining period
which shall, in no case, be less than five (5) days, reckoned from
notice of such denial. No extension of time to file the petition shall be
granted except for the most compelling reason and in no case to
exceed fifteen (15) days. (SC Resolution en banc dated July 21, 1998
in Bar Matter No. 803)

Sec. 3. What Should be Filed. —

a. 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. (Sec. 3, Rule 46, RCP)

b. The petition shall further 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. (SC
Resolution en banc, supra)

c. The petition shall be filed in seven (7) clearly legible copies

together with proof of service thereof on the public and private
respondents, 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, and plain copies of such material
portions of the record as are referred to therein, and other documents
relevant or pertinent thereto. (Sec. 1, Rule 65, RCP)

d. The certification of the subject judgment, order or resolution shall

be accomplished by the proper clerk of court or by the proper officer
of the court, tribunal, agency, or office involved or by his duly
authorized representative. The requisite number of copies of the
petition shall be accompanied by clearly legible plain copies of all
documents attached to the original copy. (Sec. 3, Rule 46, RCP)

e. The petitioner shall also submit, together with the petition, a sworn
certification of non-forum shopping as provided in paragraph (e),
Section 2 of Rule 6 hereof.chan robles virtual law library

f. The petitioner shall pay the corresponding docket and other lawful
fees to the Clerk of Court and deposit the prescribed amount for costs
at the time of the filing of the petition. (Sec. 3, Rule 46, RCP)

g. An affidavit of service shall accompany the petition indicating that

the respondents and all other interested parties had been furnished a
copy thereof.chanrobles virtual law library

h. In case of filing or service of the petition and other pleadings is not

made by personal service, the same shall be accompanied by a written
explanation why the service or filing was not done personally. (Sec.
11, Rule 13, RCP)

i. Only pleadings required by the Court shall be allowed. All other

pleadings and papers may be filed only with leave of court. (Sec. 5,
Rule 46, RCP)

Sec. 4. Effect of Non-compliance with Requirements. — The failure of

petitioner to comply with any of the foregoing requirements shall be
sufficient ground for the dismissal of the petition. (Sec. 3, Rule 46,
RCP)

Sec. 5. Judicial Action. — The Court may dismiss the petition outright
or require the private respondents to file a comment, not a motion to
dismiss, serving a copy of said comment on petitioner within ten (10)
days from notice. Thereafter, the Court may require the filing of a
reply within five (5) days from receipt of the comment and such other
responsive or other pleadings as it may deem necessary and proper.
(Sec. 6, Rule 65, RCP)

Sec. 6. Respondents and Costs in Certain Cases. —

a. When the petition relates to the acts or omission of a judge, court,

quasi-judicial agency, tribunal, corporation, board, officer or person,
the petition shall join, as private respondent or respondents with such
public respondent or respondents, the person or persons interested in
sustaining the proceedings in the Court; and it shall be the duty of
such private respondents to appear and defend, both in his or their
own behalf and in behalf of the public respondent or respondents
affected by the proceedings. The costs awarded in such proceedings in
favor of the petitioner shall be against the private respondents only,
and not against the judge, court, quasi-judicial agency, tribunal,
corporation, board, officer or person impleaded as public respondent
or respondents. chanrobles virtual law library
b. Unless otherwise specifically directed by the Court, the public
respondent shall not file an answer to or comment on the petition or
any pleading therein. Likewise, unless directed by the Court, they
shall not appear or participate in the proceedings therein. (Sec. 5,
Rule 65, RCP)

Sec. 7. Orders Expediting Proceedings; Injunctive Relief. — In

petitions under Rule 65 of the Rules of Court, the Court may issue
orders expediting the proceedings, and it may also grant a temporary
restraining order or a writ of preliminary injunction for the
preservation of the rights of the parties pending such proceedings.
The petition shall not interrupt the course of the principal case unless
a temporary restraining order or a writ of preliminary injunction has
been issued against the public respondent from further proceeding in
the case. (Sec. 7, Rule 65, RCP)

Sec. 8. Proceedings After Comment is Filed. —

a. After the comment or other pleadings required by the Court are

filed, or the time for the filing thereof has expired, the Court may hear
the case or require the parties to submit memoranda. If after such
hearing or submission of memoranda or the expiration of the period
for the filing thereof the Court finds that the allegations of the petition
are true, it shall render judgment for the relief prayed for or to which
the petitioner is entitled.
chanrobles virtual law library

b. The Court may dismiss the petition if it finds the same to be

patently without merit, prosecuted manifestly for delay, or that the
questions raised therein are too unsubstantial to require
consideration. (Sec. 8, Rule 65, RCP)

Sec. 9.Determination of Factual Issues. — Whenever necessary to

resolve factual issues, the Division concerned may itself conduct
hearings or delegate the same to any of its members or to any
appropriate court, agency or office other than the public respondent.
(Sec. 6, Rule 46, RCP)

Sec. 10. Service and Enforcement of Order or Judgment. — A certified

copy of the judgment shall be served upon the court, quasi-judicial
agency, tribunal, corporation, board, officer, or person concerned in
such manner as the Court may direct, and disobedience thereto shall
be punished as contempt. Execution may issue for any damages or
costs awarded in accordance with the Rules of Court. (Sec. 9, Rule 65,
RCP)

Sec. 11. Petitions for Quo Warranto and Habeas Corpus. — In petitions
for quo warranto and habeas corpus, the provisions of Rules 66 and
102, respectively, of the Rules of Court shall apply. chanrobles virtual law library

Sec. 12. Time of 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 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 petition. (Sec. 10, Rule
44, RCP)

RULE 8
PROCEDURE IN PETITION FOR REVIEW FROM REGIONAL TRIAL
COURTS

Section 1. How Appeal Taken; Time For Filing. —

a. A party desiring to appeal from a decision of the Regional Trial

Court in the exercise of its appellate jurisdiction may file a verified
petition for review with the Court paying at the same time the
corresponding docket and other lawful fees, depositing the amount of
P500.00 for costs, and furnishing the Regional Trial Court and the
adverse party with copies of the petition. chanrobles virtual l aw lib rary

b. The petition should be filed and served within fifteen (15) days
from notice of the decision sought to be reviewed or of the denial of
the motion for new trial or reconsideration filed in due time. chanrobles virtual law library

c. Upon proper motion and the payment of the full amount of the
docket and other lawful fees and the deposit for costs before the
expiration of the reglementary period, the Court may grant an
additional period of fifteen (15) days only within which to file the
petition for review. No further extension shall be granted except for
the most compelling reason and in no case to exceed fifteen (15)
days. (Sec. 1, Rule 42, RCP)

Sec. 2. Form and Contents. —

a. The petition shall be filed in seven (7) legible copies, with the
original copy intended for the Court being indicated as such by the
petitioner.chanrobles virtual law library

b. The petition shall:

(1) State the full names of the parties to the case, without impleading
the lower courts or judges thereof either as petitioner or
respondents;

(2) Indicate the specific material dates showing that it was filed on
time;

(3) Set forth concisely a statement of the matters involved, the issues
raised, the specification of errors of fact or law, or both, allegedly
committed by the Regional Trial Court, and the reasons or arguments
relied upon for the allowance of the appeal; and

(4) Be accompanied by clearly legible duplicate originals or true

copies of the judgments or final orders of both lower courts, certified
correct by the Check of Court of the Regional Trial Court, the requisite
number of plain copies thereof and of the pleadings and other
material portions of the records as would support the allegations of
the petition. chanrobles virtual law libr ary

c. The petitioners shall also submit, together with the petition, a

sworn certification on non-forum shopping as provided in paragraph
(e), Section 2 of Rule 6 hereof. (Sec. 2, Rule 42, RCP)

d. The petition shall be accompanied by an affidavit of service of a

copy thereof on each of the adverse parties and on the court the
decision of which is under review. (Sec. 13, Rule 11, RCP)

In case the service or filing of the petition was not done personally,
the petition shall be accomplished by a written explanation as to why
personal service or filing was not resorted to. (Sec. 11, Rule 13, RCP)

Sec. 3. Effect of Failure to Comply with Requirements: — The failure of

the petitioner to comply with any of the requirements in the preceding
sections shall be sufficient ground for the dismissal of the petition.
(Sec. 3, Rule 42, RCP)
Sec. 4. Processing of Petition. — The provisions of Section 3 (b), Rule
of these Rules shall apply to petitions for review. chanrobles virtual law librar y

Sec. 5. Action on the Petition. — Without necessarily giving due course

to the petition, the Court may require respondent to file a comment,
not a motion to dismiss, within ten (10) days from notice, or dismiss
the petition if it finds the same to be patently without merit,
prosecuted manifestly for delay, or that the questions raised therein
are too unsubstantial to require consideration. (Sec. 4, Rule 42, RCP)

Sec. 6. Contents of Comment. — The comment of the respondent shall

be filed in seven (7) legible copies, accompanied by certified true
copies of such material portions of the record referred to therein
together with other supporting papers and shall (a) state whether or
not he accepts the statement of matters involved in the petition; (b)
point out such insufficiencies or inaccuracies as he believes exist in
petitioner's statement of matters involved but without repetition; and
(c) state the reasons why the petition should not be given due course.
A copy thereof shall be served on the petitioner. (Sec. 5, Rule 42, RCP)

Sec. 7. Due Course. — If upon the filing of the comment or such other
pleadings as the Court may allow or require, or after the expiration of
the period for the filing thereof without such comment or pleading
having been submitted, the Court finds prima facie that the lower
court has committed an error of fact or law that will warrant a
reversal or modification of the appealed decision, it may accordingly
give due course to the petition. (Sec. 6, Rule 42, RCP)

Sec. 8. Elevation of Record. — Whenever the Court deems it necessary,

it may order the clerk of court of the Regional Trial Court to elevate
the original record of the case including the oral and documentary
evidence within fifteen (15) days from notice. (Sec. 7, Rule 42, RCP)

Sec. 9. Perfection of Appeal; Effect Thereof. —

a. Upon the timely filing of a petition for review and the payment of
the corresponding docket and other lawful fees, the appeal is deemed
perfected as to the petitioner.
chanrobles virtual law library

b. The Regional Trial Court loses jurisdiction over the case upon the
perfection of the appeal filed in due time and the expiration of the
time to appeal of the other parties. chan robles virtual law library
c. Before the Court gives due course to the petition, the Regional Trial
Court may issue orders for the protection and preservation of the
rights of the parties which do not involve any matter litigated by the
appeal, approve compromises, permit appeals of indigent litigants, or
execution pending appeal in accordance with Section 2, Rule 39 of the
Rules of Court, and allow withdrawal of the appeal. chanrobles virtual law library

d. Except in civil cases decided under the Rule on Summary Procedure,

the appeal shall stay the judgment or final order unless the Court, the
law or the rules of Court shall provide otherwise. (Sec. 8, Rule 42,
RCP)

Sec. 10. Submission for Decision. — If the petition is given due course,
the Court may set the case for oral argument or require the parties to
submit memoranda within a period of fifteen (15) days from notice.
The case shall be deemed submitted for decision upon the filing of the
last pleading or memorandum required by these Rules or by the Court
itself. (Sec. 9, Rule 42, RCP)

RULE 9
PROCEDURE IN PETITIONS FOR REVIEW FROM THE COURT OF TAX
APPEALS AND QUASI-JUDICIAL AGENCIES

Section 1. Scope. — This Rule shall apply to appeals from judgments

or final orders of the Court of Tax Appeals and from awards,
judgments, final orders or resolutions of or authorized by any quasi-
judicial agency in the exercise of its quasi-judicial functions. Among
these agencies are the Civil Service Commission, Central Board of
Assessment Appeals, Securities and Exchange Commission, Office of
the President, Land Registration Authority, Social Security
Commission, Civil Aeronautics Board, Bureau of Patents, Trademarks
and Technology Transfer, National Electrification Administration,
Energy Regulatory Board, National Telecommunications Commission,
Department of Agrarian Reform under Republic Act. No. 6657,
Government Service Insurance System, Employees Compensation
Commission, Agricultural Inventions Board, Insurance Commission,
Philippine Atomic Energy Commission, Board of Investments,
Construction Industry Arbitration Commission, National Amnesty
Commission, Voluntary Arbitrators authorized by law, and the
Ombudsman in administrative disciplinary cases. (Sec. 1, Rule 43,
RCP; Proc. No. 348, S. 1994, as amended; Fabian vs. Desierto, et. al.,
G.R. No. 129742, Sept. 16, 1998)
Sec. 2. Cases Not Covered. — This Rule shall not apply to judgments or
final orders issued under the Labor Code of the Philippines where the
appropriate remedy is by petition for certiorari under Rules 65 of the
Rules of Court. (Sec. 2, Rule 43, RCP; St. Martin Funeral Homes vs.
NLRC, G.R. No. 130866, Sept. 14, 1998; National Federation of Labor
vs. Laguesma, G.R. No. 123426, March 10, 1999)

Sec. 3. Where To Appeal. — An appeal under this Rule may be taken to

the Court within the period and in the manner herein provided,
whether the appeal involves questions of fact, of law, or mixed
questions of fact and law. (Sec. 3, Rule 43, RCP)

Sec. 4. Period of Appeal. — The appeal shall be taken within fifteen

(15) days from notice of the award, judgment, final order or
resolution, or from the date of its last publication, if publication is
required by law for its effectivity, or of the denial of petitioner's
motion for new trial or reconsideration duly field in accordance with
the governing law of the court or agency a quo. Only one (1) motion
for reconsideration shall be allowed. Upon proper motion and the
payment of the full amount of the docket fee before the expiration of
the reglementary period, the Court may grant an additional period of
fifteen (15) days only within which to file petition for review. No
further extension shall be granted except for the most compelling
reason and in no case exceed fifteen (15) days. (Sec. 4, Rule 43, RCP)

Sec. 5. How Appeal Taken. —

a. Appeal shall be taken by filing a verified petition for review in seven

(7) legible copies with the Court, with proof of service of a copy
thereof on the adverse party and on the court or agency a quo. The
original copy of the petition intended for the Court shall be indicated
as such by the petitioner.
chanrobles virtual law library

b. Upon the filing of the petition, the petitioner shall pay to the Clerk
of Court of this Court the docket and other lawful fees and deposit the
sum of P500.00 for costs. Exemption from payment of docket and
other lawful fees and the deposit for costs may be granted by the
Court upon a verified motion setting forth valid grounds therefor. If
the Court denies the motion, the petitioner shall pay the docket and
other lawful fees and deposit for costs within fifteen (15) days from
notice of the denial; otherwise, the petition shall be denied due course
and accordingly dismissed for non-payment of docket and other lawful
fees. (Sec. 5, Rule 43, RCP)

Sec. 6. Contents of the Petition. — The petition for review shall:chan

robles virtual law library

(a) State the full names of the parties to the case, without impleading
the court agencies either as petitioners or respondents;

(b) Contain a concise statement of the facts and issues involved and
the grounds relied upon for the review;

(c) Be accompanied by a clearly legible duplicate original or a certified

true copy of the award, judgment, final order or resolution appealed
from, together with certified true copies of such material portions of
their record referred to therein and other supporting papers;

(d) Contain a sworn certification on non-forum shopping as provided

in paragraph (e), Section 2 of Rule 6 hereof;

(e) State the specific material dates showing that it was filed within
the period fixed herein; and

(f) Be accompanied by proof of service upon the adverse party or

parties.
chanrobles virtual law library

In case the filing or service of the petition is not made by personal

service, the same shall be accompanied by a written explanation why
the service or filing was not done personally. (Sec. 6, Rule 43 and Sec.
11, Rule 13, RCP)

Sec. 7. Effect of Failure To Comply With Requirements. — The failure

of the petitioner to comply with any of the requirements set forth in
the preceding sections shall be sufficient ground for the dismissal of
the petition. (Sec. 7, Rule 43, RCP)

Sec. 8. Action on the Petition. — The Court may require the respondent
to file a comment on the petition, not a motion to dismiss, within ten
(10) days from notice, or dismiss the petition if it finds the same to be
patently without merit, prosecuted manifestly for delay, or that the
questions raised therein are too unsubstantial to require
consideration. (Sec. 8, Rule 43, RCP)

Sec. 9. Contents of Comment. — The comment shall be filed within ten

(10) days from notice in seven (7) legible copies and accompanied by
clearly legible certified true copies of such material portions of the
record referred to therein with together with other supporting papers.
The comment shall (a) point out insufficiencies or inaccuracies in
petitioner's statement of facts and issues; and (b) state the reasons
why the petition should be denied or dismissed. A copy thereof shall
be served on the petitioner, and proof of such service shall be filed
with the Court. (Sec. 9, Rule 43, RCP)

Sec. 10. Due Course. — It upon the filing of the comment or such other
pleadings or documents as may be required or allowed by the Court or
upon expiration of the period for the filing, and on the basis of the
petition or the records the Courts finds prima facie that the court or
agency concerned has committed errors of fact or law that would
warrant reversal or modification of the award, judgment, final order
or resolution sought to be reviewed, it may give due course to the
petition, otherwise, it shall dismiss the same. The findings of fact of
the court or agency concerned, when supported by substantial
evidence, shall be binding on this Court. (Sec. 10, Rule 43, RCP)

Sec. 11. Transmittal of Record. — Within fifteen (15) days from notice
that the petition has been given due course, the Court may require the
court or agency concerned to transmit the original or legible certified
true copy of the entire record of the proceeding under review. The
record to be transmitted may be abridged by agreement of all parties
to the proceeding. The Court may require or permit subsequent
correction of or addition to the record. (Sec. 11, Rule 43, RCP)

Sec. 12. Effect of Appeal. — The appeal shall not stay the award,
judgment, final order or resolution sought to be reviewed unless the
Court shall direct otherwise upon such terms as it may deem just.
(Sec. 12, Rule 43, RCP)

Sec. 13. Submission for Decision. — If the petition is given due course,
the Court may set the case for oral argument or require the parties to
submit memoranda within a period of fifteen (15) days from notice.
The case shall be deemed submitted for decision upon the filing of the
last pleading or memorandum required by these Rules or by the Court.
(Sec. 13, Rule 43, RCP)

RULE 10
PRELIMINARY CONFERENCE
Section 1. Preliminary Conference. — At any time during the pendency
of a case, the Division concerned 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 the subject of compromise;

(b) To define, simplify and clarify the issues for determination;

(c) To formulate stipulations of facts and admissions of documentary

exhibits, and limit the number of witnesses to be presented in cases
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 matters which may aid the Court in the
prompt disposition of the case.ch anrobles virtual law library

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 the actions taken therein, the
stipulations and admissions made, and the issues defined. ch anrobles virtual law library

Sec. 3. Binding Effect of the Results of the Conference. — Subject to

such modifications which may be made to prevent manifest injustice,
the resolution referred to 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. (Sec. 3, Rule 48, RCP)

RULE 11
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. chanrobles virtual law librar y

The oral argument shall be limited to such matters as the Court may
specify in its resolution. (Sec. 1, Rule 49, RCP)

The necessity or propriety of oral argument shall be determined by

the Justice assigned to the case. However, in lieu of oral arguments,
said Justice may allow the parties to file their respective memoranda
within fifteen (15) days from notice. (Sec. 1, Rule 8, RIRCA)

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. chanrobles virtual law library

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 arguments 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. (Sec. 23, Rule 49, RCP)

RULE 12
PROCESS OF ADJUDICATION

Section 1. When Case Deemed Submitted for Judgment or Resolution.

— A case shall be deemed submitted for judgment;

a. In ordinary appeals —

(1) Where no hearing on the main case is held, upon the filing of the
last pleading, brief, or memorandum required by the Rules of Court or
by the Court itself, or the expiration of the period for its filing; and

(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.
ch anrobles virtual law library

b. In original actions and petitions for review — chanroblesvirtu alawlibr ary

(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; and

(3) Where a hearing on 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. (Sec. 1, Rule 51, RCP)

Sec. 2. Justice Assigned to Adjudicate. — Every case assigned to a

Justice for study and report, whether it be an appealed case or an
original petition, shall be retained by him irrespective of his transfer
to the Divisions. (Sec. 2, Rule 8, RIRCA)

Sec. 3. Justice Who May Participate in the Adjudication of Cases. — In

the determination of the two the Justices who shall participate in the
deliberation on the merits and decide an appealed case or an original
action, the following rules shall be observed:

(a) The case shall be deliberated upon by the Justice assigned to

study and report, together with the other members of his Division;

(b) If one or both of the other members of the Division are on leave of
absence, disqualified, or are no longer members of the Court, their
replacements shall be chosen by raffle. The Justices thus chosen and
the Justice assigned for study and report shall act upon and decide the
case. The Division shall be called Special (No.) Division;chan robles
virtual law library

(c) If the Justice to whom the case is assigned for study and report is
disqualified or is no longer a member of the Court, his replacement
shall be chosen by raffle between the two remaining members of his
Division, subject to paragraph (e) of this section. Another Justice shall
be assigned by raffle as a third member of the Division. The Division
as now constituted shall act upon and decide the case;

(d) If the Justice assigned for study and report and all the members of
his Division are disqualified, or are no longer member of the Court, the
case shall be raffled to another Justice who, together with the two
other members of his regular Division, shall act upon and decide the
case;

(e) When, in an original action or petition for review, certain actions

or proceedings have been taken as hereinbelow enumerated, the case
shall remain with the Justice assigned for study and report and the
Justices who participated therein, regardless of their transfer to other
Divisions. The abovementioned actions or proceedings are as follows:
(1) giving it due course; (2) dismissing it outright; (3) issuing a
temporary restraining order or writ of preliminary injunction; (4)
conducting a hearing, oral argument or preliminary conference; (5)
undertaking any proceeding for any purpose stated in the resolution
of the Division; and (6) issuing a writ of habeas corpus;

(f) If only member of the Division who participated in any of the

action or proceeding mentioned in the preceding paragraph remains,
the Raffle Committee shall automatically assign the case to him; and

(g) Where the membership of a Division which acted upon and

decided a case has changed, the Division which shall subsequently act
on the case shall be called the Former (No.) Division. chanrobles virtual law library

Sec. 4. Rules on Replacement of Cases. —

a. If the Justice assigned for study and report is disqualified or is no

longer a member of the Court and the case is raffled to another, the
latter has the right to replace it with another case of the same nature
and status. The replacement case shall be given to the former Justice
who was disqualified, if still a member of the Court, otherwise, it shall
be added to the cases left him to be re-raffled in accordance with
these Rules. chanrobles virtu al law library

b. Cases in which the acts and proceedings mentioned in Section 3(e)

hereof have been undertaken cannot be given as replacement under
the preceding paragraph. chanrobles virtual law library

c. When a case is consolidated with another, the Justice to whom the

consolidate case is given has the right to replace it with another of the
same nature and status. chanrobles virtual law librar y

Sec. 5. Priorities in Adjudication of Cases. — Subject to existing laws

and as far as practicable cases shall be adjudicated in accordance with
the following priorities:

a. In Civil Cases —

(1) Those where temporary restraining orders, writs of injunction or

execution pending appeal, or other auxiliary writs were issued;

(2) Those which pose prejudicial question; and

(3) Those which have been pending for a long time from their
inception in the lower court.chanrobles virtual law library

b. In Criminal Cases —

(1) Those where the accused is detained;

(2) Those where the Solicitor General recommends the acquittal of the
accused; and

(3) Those which have been pending for a long time from their
inception in the lower court. (Sec. 3, Rule 8, RIRCA)

c. In Original Actions and Petitions for Review —

(1) Habeas corpus cases;

(2) Agrarian cases;

(3) Original petitions where injunctive reliefs have been granted; and

(4) Other cases which have been pending of a long time from their
inception in the lower court.chanrobles virtual law library

Sec. 6. Resolution of Motions. — All motions filed before a case has

been actually re-raffled for study and report shall be resolved by the
Justice assigned for completion of records. After re-raffle, all motions
shall be resolved by the Justice to whom the case has been re-raffled
for study and report. chanrobles virtual law library

Sec. 7. Study and Report on the Case. —

a. The Justice to whom a case is raffled for study and report shall
prepare a written report thereon and thereafter submit the same to
his Division for deliberation. If after such deliberation, the two other
members of the Division agree with the report, the same Justice shall
prepare the decision for promulgation. chanrobles virtu al law library

b. The judgment shall be rendered by the members of the Court who

participated in the deliberation on the merits of the case. (Sec. 2, Rule
51, RCP)

Sec. 8. Quorum and voting in the Division. — All members of a Division

shall participate in the deliberation and their unanimous vote is
necessary for the pronouncement of a judgment or final resolution.
Minutes of the deliberation shall be kept at the office of the Chairman.
(Sec. 3, Rule 51, RCP)

Sec. 9. Procedure in Case of Dissent. — When a unanimous vote

cannot be attained, the following rules shall be observed:

(a) Within fifteen (15) days from the date of deliberation, the
dissenting Justice shall write his dissent which shall be attached to
the report for further deliberation by the Division. Thereafter, the
Chairman of the Division shall in writing refer the case with the
minutes of the deliberation to the Presiding Justice who shall
designate two Justices chosen by the raffle from among all the other
members of the Court to sit temporary 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 pronouncement of a
judgment or final resolution. chanrobles virtual law library

(b) After a member of the Division has expressed his dissent, the
Special Division, as constituted, shall retain the case until it is
disposed of regardless of organization; and

(c) After the deliberation on the merits among the members of the
Special Division of five, the first proponent of the majority opinion
shall be ponente, unless the majority decides otherwise. Any member
of the Division may write a separate concurring or dissenting opinion.
The vote of the majority of the Special Division is required to reach a
decision. (Sec. 3, Rule 51, RCP; Sec. 4(b), Rule 8, RIRCA)

Sec. 10. Promulgation of Decisions and Final Resolutions. — Decisions

and resolutions already prepared in final form, signed by the ponente
and circulated among the members of his Division before the date of
the reorganization of the Division may be signed by the members of
that Division and promulgated within ten (10) days from the date of
the said reorganization. chanrobles virtual law library

Sec. 11. Disposition of a Case. — The Court, in the exercise of its

appellate jurisdiction, may affirm, reverse, or modify the judgment or
final order appealed from or direct a new trial or further proceedings.
(Sec. 4, Rule 51, RCP)
Sec. 12. Form of Decision. —

a. 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 confined in the
decision or final resolution itself, or adopted from those set forth in
the decision, order, or resolution appealed from. (Sec. 5, Rule 51,
RCP)

b. In petitions for review or petitions for certiorari, the Division may in

appropriate cases, render a memorandum decision. (Francisco vs.
Permskul, 173 SCRA 324)

c. The subsequent action of the Division modifying or reversing a

decision shall be denominated "Resolution." (Sec. 5, Rule 8, RIRCA)

d. Every decision shall be accompanied by an attestation of the

Chairman of the Division in the following form:

ATTESTATION

I hereby attest that this decision was reached after due consultation
among the members of this Division in accordance with the provisions
of
Section 13, Article VIII of the Constitution. chanrobles virtual law library

e. If a Chairman inhibits from a case, he shall ask the Raffle

Committee to designate by raffle another Justice as replacement, and
the most senior member shall sign the attestation as Acting Chairman.
(Sec. 5, Rule 8, RIRCA)

Sec. 13. Resolutions. — Any disposition other than on the merits shall
be embodied in a resolution. (Sec. 6, Rule 8, RIRCA)

Sec. 14. Number of Copies and Distribution. — Decisions and

resolutions of the Court shall be prepared in seven (7) copies to be
distributed as follows: (1) original copy plus two copies to the Court
Reporter; (2) one copy to be attached to the rollo; (3) one copy to the
ponente; (4) one copy to the Information & Statistic and Data
Division; and (5) one copy to the Judicial Division. In addition, a
sufficient number of copies shall be prepared for the counsel in the
case. (Sec. 7, Rule 8, RIRCA)
Sec. 15. Promulgation of Decisions and Final Resolutions. — The
promulgation of decisions and final resolutions shall be the direct
responsibility of the Divisions Clerk of Court.
chanrobles virtual law librar y

a. The decision or final resolution shall be promulgated by filing the

same with the Division Clerk of Court who shall on the same day
annotate the date and time of the promulgation and attest it by his
signature on the first page thereof. chanrobles virtual law library

b. The Division Clerk of Court shall record in the Promulgation Book

the date and time of promulgation, the CA-G.R. Number, the title of
the case, the ponente, the nature of the document (whether decision
or final resolution), and the action taken by the Division. The Division
Clerk of Court shall maintain and keep the Promulgation Book in his
care and custody.chan robles virtual law library

c. Within twenty-four (24) hours from the promulgation of a decision

or final resolution, the Division Clerk of Court shall send notices and
copies of the decision or final resolution in sealed envelopes to the
parties through their counsel by registered mail only. However, a
decision of acquittal in criminal cases where the accused is detained
shall, whenever practicable, be served personally on the Director of
Prisons or whoever has official custody of the accused. chanrobles virtu al law library

d. Immediately after a decision or final resolution is promulgated, the

Division Clerk of Court shall forward the original and two copies
thereof to the court Reporter and a copy each to the Information and
Statistical Data Division and the Judicial Records Division, the latter to
forward the same copy to the Archives Section. (Sec. 8, Rule 8,
RIRCA)

Sec. 16. Entry of Judgments and Final Resolutions. — If no appeal or

motion for new trial or reconsideration is filed within the time
provided in the Rules of Court, the judgment or final resolution shall
forthwith be entered by the Division Clerk of Court 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 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. 10,
Rule 51, RCP)
 RULE 13
MOTIONS FOR RECONSIDERATION

Section 1. Contents. — A motion for reconsideration shall state the

material dates showing that it is filed on time, and set forth the
grounds therefor. A motion for consideration without any showing on
its face that it was filed on time may be denied outright. (Sec. 1, Rule
9, RIRCA)

Sec. 2. Time for Filing. — The motion for reconsideration shall be filed
within the period for taking an appeal from the decision or resolution,
and a copy thereof shall be served on the adverse party. The period
for filing a motion for reconsideration is non-extendible. ch anrobles virtual law library

Sec. 3. Second Motion for Reconsideration. — No second motion for

reconsideration from the same party shall be entertained. However, if
the decision or resolution is reconsidered or substantially modified,
the party adversely affected may file a motion for reconsideration
within fifteen (15) days from notice. (Sec. 3, Rule 9, RIRCA)

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. (Sec. 4, Rule 52, RCP)

Sec. 5. Who Shall Act on Motion for Reconsideration. —chan robles

virtual law library

a. A motion for reconsideration of a decision or resolution shall be

acted upon by the ponente and the other members of the Division
whether special or regular, or whether a Division of three of five, who
participated in the rendition of the decision or resolution sought to be
reconsidered, irrespective of whether or not such members are
already in other Divisions at the time the motion for reconsideration is
filed or acted upon.chanrobles virtual law library

b. If the ponente is no longer a member of the Court, or has

disqualified or inhibited himself from acting on the motion, he shall be
replaced by another Justice who shall be chosen by raffle from among
the remaining members of the Division who participated in the
rendition of the decision or resolution, and the resulting vacancy or
vacancies therein shall be filled by the raffle from among the other
members of the Court. chanrobles virtual law library

c. If only one member of the Court who participated in the rendition of

decision or resolution remains, the motion shall be sent to him by the
Raffle Committee and he shall act on the motion with the members of
the Division to which he belongs. chanrobles virtual law libr ary

d. If the ponente and all the members of the Division that rendered
the decision or resolution are no longer members of the Court, the
case shall be raffled to any member of the Court and the motion shall
be acted by him with the participation of the other members of the
Division to which he belongs. (Sec. 5, Rule 9, RIRCA)

Sec. 6. Comment and Period to Resolve. — The adverse party may be

required to comment on the motion for reconsideration within ten
(10) days from notice. (n)

A motion for reconsideration shall be resolved within ninety (90) days

from the date when the Court declares it submitted for resolution.
(Sec. 3, Rule 52, RCP)

Sec. 7. Effect of Filing an Appeal in the Supreme Court. — No motion

for reconsideration or rehearing shall be acted upon if the movant has
already filed in the Supreme Court a petition for review on certiorari
or a motion for extension of time to file such petition. If such petition
is subsequently filed, the motion for reconsideration pending in this
Court shall be deemed abandoned. (Sec. 8, Rule 9, RIRCA)

RULE 14
NEW TRIAL

Section 1. Petition. — A party may file a motion for 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. (Sec. 1, Rule 53, RCP)

Sec. 2. Requirements of Petition. — The petition shall be accompanied

by affidavit showing the facts constituting the grounds therefor and
the newly discovered evidence. In criminal cases, the petition shall
conform with Rule 121 of the Rules of Court. (Rules 53 and 121, Rules
of Court)

Sec. 3. Hearing and Order. — The Court shall consider the new
evidence together with that adduced at the trial below, and may grant
or refuse a new trial, or 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. 2, Rule 53, RCP)

Sec. 4. Resolution of Motion. — A motion for new trial shall be

resolved within ninety (90) days from the date the Court declares it
submitted for resolution. (Sec. 3, Rule 53, RCP)

Sec. 5. Procedure in New Trial. — Unless the Court otherwise directs,

the procedure in the new trial shall be the same as that in the
Regional Trial Court. (Sec. 4, Rule 53, RCP)

RULE 15
ENTRY OF JUDGMENT AND REMAND OF THE RECORDS

Sec. 1. Entry of Judgment. — chanroblesvirtual awlibrar y

a. Unless a motion for reconsideration or new trial is filed or an appeal

is taken to the Supreme Court, judgments and final resolutions of the
Court shall be entered upon the expiration of fifteen (15) days after
notice to the parties. chanrobles virtual l aw library

b. In criminal cases, when the accused-appellant is acquitted, unless

the State or any of the parties may still appeal, or the accused
withdraws his appeal, entry of judgment shall be made immediately. chanrobles virtual law

library

If the motion withdrawing an appeal is signed by the appellant only,

the Court shall take steps to insure that the motion is made
voluntarily, intelligently and knowingly or may require his counsel to
comment. chanrobles virtual law library

c. In civil cases, when an appeal is withdrawn, or a decision based on

a compromise agreement is rendered, entry of judgment shall be
made immediately. (Sec. 1, Rule 11, RIRCA)

Sec. 2. Date of Entry. — 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. 10, Rule 51, RCP). ch anrobles virtual law library

Sec. 3. Entry of Judgment in Habeas Corpus Cases. — In habeas

corpus cases, unless an appeal is taken on time, entry of judgment
shall be made upon the expiration of two (2) days from notice to the
parties. (Sec. 39, B.P. Blg. 129)

Sec. 4. Form. — Entry of judgment shall be made in the prescribed

form, signed by the Division Clerk of Court concerned, who shall
certify under the seal of the Court the specific date the Court rendered
its decision or final resolution and the date the same became final and
executory. The entry shall embody the dispositive portion of the
decision or final resolution and shall indicate the date such entry of
judgment is made, with a certification that such judgment or final
resolution has become final and executory. (Sec. 3, Rule 11, RIRCA)

Sec. 5. Disposition of Copies. — The original copy of the entry of

judgment shall forthwith be transmitted to the Chief of the Judicial
Records Division who shall cause a copy to be attached to the rollo,
furnishing copies of the same to the parties simultaneously with the
remand of the records. He shall cause the entries of judgment to be
bound according to Division, arranged chronologically and properly
indexed.ch anrobles virtual law library

In criminal cases where the accused is detained, the Director of

Prisons, the Jail Warden or whoever has custody of the accused shall
be furnished a copy of the entry of judgment. In land registration
cases, a copy shall also be furnished the Land Registration Authority.
(Sec. 4, Rule 11, RIRCA)

Sec. 6. Duty of the Division Clerk of Court. — After the promulgation of

the decision or final resolution, it shall be the duty and responsibility
of the Division Clerk of Court to see to it that a copy of the
promulgated decision or final resolution is attached to the record of
the case and that the Entry of Judgment is made in due time without
undue delay. (Sec. 5, Rule 11, RIRCA)

Whenever the Court should be of the opinion that the penalty of

reclusion perpetua or higher should be imposed, no entry of judgment
shall be made, but the Court shall certify the case and elevate the
entire records thereof to the Supreme Court for review. (Sec. 13, Rule
124, Rules of Court)

Sec. 7. Allowance for Delay of Mail in Making Entries of Judgment. —

In making entries of judgments, the Division Clerk of Court shall
determine the finality of the decision of making allowance for delay of
mail, computed from the last day of the period of appeal from the
decision or final resolution, as follows: forty-five (45) days, if the
addressee is from Mindanao including Palawan; thirty (30) days, if the
addressee is from the Visayas; twenty (20) days, if the addressee is
from Luzon, except Metro Manila; and ten (10) days, if the addressee
is from Metro Manila. (Sec. 6, Rule 11, RIRCA)

Sec. 8. Appeal to the Supreme Court. — No entry of judgment shall be

made by the Division Clerk of Court whenever a decision or final
resolution is appealed to the Supreme Court. However, the decision or
final resolution of the Supreme Court in the case, as well as its entry
of judgment and letter of transmittal to this Court shall be attached to
the rollo. chanrobles virtual law librar y

a. The Archives Section shall prepare a letter of transmittal to the

court of origin remanding the original records together with a copy
each of the decision or final resolution of this Court and of the
Supreme Court, and the latter's entry of judgment and letter of
transmittal to this Court. chanr obles virtual law library

b. When two or more appeals in the same case are taken to the
Supreme Court, the Archives Section of this Court shall retain the
records until all appeals resolved by the Supreme Court. After an
appeal is resolved by the Supreme Court, the Archives Section of this
Court shall transmit to the court of origin a copy of the decision of the
decision of this Court and of the Supreme Court with the latter's entry
of judgment, and a statement to the effect that the records of the case
are being retained in this Court pending resolution of the other
appeals.chanrobles virtual law library

c. When there are several accused in the same case, some of whom
appeal to the Supreme Court and others do not, the Division Clerk of
Court shall make an entry of judgment as to those who did not appeal.
The same rule shall apply where there are several accused in the
same case, some of whom withdrew their appeal in this Court and
others did not. (Sec. 7, Rule 11, RIRCA)
Sec. 9. Transmittal of Rollos and Records. — After the entry of
judgment, the Division Clerk of Court shall forward the rollo of the
case to the Archives Section which shall send to the Mailing and
Delivery Section within two (2) working days the original records of
the case for eventual transmittal to the court of origin or quasi-
judicial agency. The Mailing and Delivery Section shall remand the
original records of the case to the court of origin or quasi-judicial
agency within two (2) working days. (Sec. 8, Rule 11, RIRCA)

RULE 16
MISCELLANEOUS PROVISIONS

Section 1. Erroneous Transmittal of Records. — If it clearly appears

from the notice of appeal that the appellant had directed his appeal to
another court, but the lower court erroneously transmitted the
records of the case to this Court, the Judicial Records Division shall
refer the case to the Presiding Justice for proper disposition. (Sec. 1,
Rule 12, RIRCA)

Sec. 2. Case Received Without Docket and Other Lawful Fees and
Deposit for Costs. — Whenever an original petition is received by mail
without docket and other lawful fees and deposit for costs, the
Judicial Records Division shall assign to it an undocketed special case
number, and submit said case to the Raffle Committee for raffle. chanrobles virtual law library

The Special Cases Section shall maintain a record book of undocketed

special cases for this purpose. (Office Order No. 116-89-N, 1989)

Sec. 3. Cases Referred by the Supreme Court. — A case originally filed

and docketed in the Supreme Court but subsequently referred to this
Court shall be entered in the docket book and given a CA-G.R. No.
(Sec. 3, Rule 12, RIRCA)

Sec. 4. Docket and Other Lawful Fees for Multiple Appellants. — If two
or more parties in a case file separate notices of appeal lawful, each of
them shall pay the full amount of the docket and other lawful fees.
(Sec. 4, Rule 12, RIRCA)

Sec. 5. Docket Fees and Docket Number of Consolidated Cases. —

a. In an appeal from the Regional Trial Court involving two (2) or

more cases, which were tried and decided jointly, only one docket and
other legal fees shall be paid by the appellants to the Clerk of Court of
the Regional Trial Court except when separate notices of appeal are
filed by them. The multiple shall be assigned only one docket
number.chan robles virtual law library

b. In an original petition involving two or more consolidated cases,

only one docket and other lawful fees and deposit for costs shall be
paid by the petitioners. (Sec. 5, Rule 12, RIRCA)

Sec. 6. Payment of Docket and Other Lawful Fees and Deposit for
Costs. — Payment of docket and other lawful fees and deposit for
costs may be in cash, by postal money order, certified checks, or
manager's or cashier's checks payable to the Court. Personal checks
shall be returned to the payor. (n)

Sec. 7. Schedule of Docket and Other Lawful Fees and Deposit for
Costs. — Unless otherwise revised by the Supreme Court, the
following are the schedule of docket and other lawful fees and deposit
for costs:

(a) Ordinary appeal in civil cases and special cases on appeal —

Docket Fee P48.00

Judiciary Development Fund 352.00

Legal Research Fund 20.00

————

Total P420.00

Within the period for taking an appeal, the appellate court docket fees
shall be paid to the clerk of court of the court a quo, who shall
transmit the proof of payment to this Court, together with the original
record or record on appeal. chanrobles virtu al law library

(b) Special Cases — chanroblesvirtualawlibrary

(1) Original Special Civil Action (Certiorari, Mandamus, Prohibited,

etc.), special proceedings, and original action for Annulment of
Judgment —
Docket Fee P48.00

Judiciary Development Fund 352.00

Legal Research Fund 20.00

Deposit for Costs 500.00

Sheriff's Fees (in Petitions with Prayer for Temporary Restraining

Order or Writ of Preliminary Injunction) 150.00

Cashier's Commission 10.00

—————

Total P1,080.00

(2) Petition for Review from Regional Trial Court —

Docket Fee P48.00

Judiciary Development Fund 352.00chan robles virtual law library

Legal Research Fund 20.00

Deposit for Costs 500.00

Sheriff's Fees (In Petitions with Prayer for Temporary

Restraining Order or Writ of Preliminary Injunction) 150.00

Cashier's Commission 10.00

—————

Total P1,080.00

(3) Petition for Review from Quasi-Judicial Bodies —

Docket Fee P48.00

Judiciary Development Fund 352.00

Legal Research Fund 20.00

Deposit for Costs 500.00

Sheriff's Fees (In Petitions with Prayer for Temporary Restraining

Order or Writ of Preliminary Injunction) 150.00

Cashier's Commission 10.00

—————

Total P1,080.00

(c) Furnishing transcripts of the record or copies or any record,

judgment or entry per page 3.00

(d) For each certificate not on process 20.00chan robles virtual law
library

(e) For every search for anything above a year's standing 4.00

(f) For commission on all cash deposit, 2% on all sums not exceeding
P4,000.00, and 1% upon all sums in excess of P4,000.00, and .5% on
all sums in excess of P40,000.00. (Adm. Circular No. 31-90, Oct. 15,
1990)

In original actions and petitions for review, the docket and other
lawful fees and deposit for costs shall be paid to his Court. (Sec. 1,
Rule 42; Sec. 5, Rule 43, RCP)

Sec. 8. Report on Late Payment. — Payment of docket and other lawful

fees made after the elevation of the original records shall be reported
to the Court for appropriate action. (n)

Sec. 9. Non-refund of Docket Fees. — The docket and lawful fees, once
paid, is non-refundable, except when erroneously paid. (n)

Sec. 10. Color Code of Rollos. — To facilitate identification of cases,

the covers of rollos shall have the following colors:

(a) Green for appealed civil cases;

(b) Cream for appealed criminal cases where the accused is out on
bail, and appeals from contempt of court;
(c) Orange for criminal cases where the accused is detained;

(e) Red for habeas corpus cases;

(e) Yellow for labor cases;

(f) Brown for agrarian cases;

(g) Gray for Civil Service Commission and Ombudsman cases; and

(h) Blue for all other special cases, including petitions for review of
the decisions of the Regional Trial Court in the exercise of its appellate
jurisdiction. chanrobles virtual law library

Sec. 11. Summer Sessions. — The Presiding Justice shall prepare a

schedule of summer sessions of the Court. (Sec. 9, Rule 12, RIRCA)

Sec. 12. Separability Clause. — If the effectivity of any provision of

these Rules is suspended or disapproved by the Supreme Court, the
other provisions not affected shall remain in force. chanrobles virtu al law library

Unless otherwise provided for by existing rules, the Presiding Justice

or any one acting in his place is authorized to act on any matter not
covered by these Rules. chanrobles virtual law library

Sec. 13. Repealing Clause. — Upon the effectivity of these Rules, all
resolutions, orders, memoranda, and circulars which are inconsistent
therewith are hereby repealed. chanrobles virtual law library

Sec. 14. Effectivity Clause. — Unless otherwise directed by the

Supreme Court, these Rules shall become effective fifteen (15) days
after submission of copies thereof to the Supreme Court. chanrobles virtual law libr ary

Sec. 15. Publication. — These Rules shall be published in two

newspapers of general circulation within ten (10) days from its
effectivity.
chanrobles virtu al law librar y
 2002 INTERNAL RULES OF THE COURT OF APPEALS

Pursuant to Section 12 of the Judiciary Reorganization Act of 1980 (Batas Pambansa

Blg. 129), as amended, the Court of Appeals hereby adopts and promulgates these
rules governing its internal operating procedures. These rules shall be known and may
be cited as the 2002 INTERNAL RULES OF THE COURT OF APPEALS (IRCA).

RULE I
THE COURT, ITS ORGANIZATION AND OFFICIALS

Section. I. Composition of the Court of Appeals. – Unless otherwise provided by law,

the Court of appeals is composed of a Presiding Justice and sixty eight (68) Associate
Justices. It shall sit en banc, or in twenty-three (23) Divisions of three (3) order of their
seniority. The members of the Court are classified into three groups according to the
order of their seniority. The first twenty-three most senior members, including the
Presiding Justice, shall be Chairman of the twenty-three Divisions in consecutive
numerical sequence. The next twenty-three members. (Sec. 1, Rule 1, RIRCA [a]).

Until the full implementation of Republic Act No. 8246, the Court shall sit in
seventeen (17) Divisions of three (3) justices each in Manila. As presently constituted.
(n)

When a senior member is designated to act as Chairman of a Division, he shall be an

"Acting Chairman". In like manner, a junior member designated to act as senior
member of a Division shall be an "Acting Senior Member". (Sec. 5(c), Rule 1, RIRCA
[a]).

Section 2. Station and Place of Holding Sessions. –

(a) Upon full implementation of Republic Act No. 8246, the Court shall have
its permanent stations as follows: the first seventeen (17) Divisions shall be in
the City of Manila for cases coming from the National Capital Judicial Region
and the First, Second, Third, Fourth and Fifth Judicial Regions; the eighteenth,
nineteenth and twentieth Divisions shall be in Cebu City for cases coming from
the Ninth, Tenth, Eleventh and Twelfth Judicial regions.

(b) Whenever demanded be public interest, or whenever justified by an increase

in case load, the Supreme Court, upon its own initiative or upon
recommendation of the Presiding Justice, may authorize any division of the
Court to hold sessions periodically, or for such periods and at such places as the
Supreme Court may determine, for the purpose of hearing and deciding cases.
(Sec. 3, R.A. No. 8246).

Section 3. Exercise of Powers and Functions. – The Court of Appeals shall exercise its
adjudicative, powers, functions and duties through its Divisions. It sits en banc in the
exercise of administrative, ceremonial and non-adjudicative functions. (Sec. 1, rule 2,
RIRCA [a]).

Section 4. Court En Banc. The Court en banc shall be presided by the Presiding Justice
or, in his absence, by the most senior Justice in attendance. A majority of the actual
members of the Court shall constitute a quorum for its session en banc. (Sec. 11, B.P.
129) The affirmative vote of a majority of those in attendance and who are
participating shall be necessary to approve any matter submitted for its consideration.
(Secs. 3 and 4, Rule 1, RIRCA [a]).

Section 5. Matters Cognizable by the Court En Banc. – The Court en banc shall, inter
alia:

(a) Promulgate rules relative to the organization or reorganization of the

Divisions, assignment of the Justices, distribution of cases and other matters
concerning the operation and management of the Court and its Divisions;

(b) Act on administrative matters, including regrouping, merger or abolition of

existing offices, units or services, creation of new ones, or transfer of functions
of one office, unit or service to another as the exigencies of the service may
require;

(c) Adopt uniform administrative measures, procedures and policies for the
disposition of cases and the promotion of efficiency of the personnel ;

(d) Discuss and thresh out divergent views on a particular question of law so as
to reach a consensus thereon or minimize, if not eliminate, conflict in decisions
and resolutions of the different divisions on the interpretation and application of
a provision of law;

(e) Take up other administrative matters which the Presiding Justice or any
member may submit for consideration and inclusion in its agenda;

(f) Recommend to the Supreme Court the appointment of the Clerk of Court,
Assistant Clerk of Court, Court Reporter and Division Clerks of Court; and

(g) Receive foreign and local dignitaries, important guests and visitors, honor a
colleague or retiring member of the Court, hold necrological services for its
members who die in office and honor former members who die after retirement.
(Sec. 2, Rule 2, RIRCA)

Section 6. Division of the Court - A Division of the Court shall be presided by the
Chairman or, in his absence, by the senior member thereof. It the substitute member is
the most senior, he shall be the Acting Chairman. (Sec. 3, Rule 1, RIRCA [a])

Section 7. Standing Committees. – There shall be standing committees, each of which

shall be composed of a Chairman and at least two (2) members, all whom shall be
appointed by thePresiding Justice with the concurrence of the Court en banc. They
shall serve fpr a term of one (1) year.

The standing committees which shall assist the Court on various matters are the
following:

(a) Committee on Ethics and Special Concerns. – On matters involving:

(1) Ethics and discipline of the members of the Court, its other judicial
officers and employees. The Committee’s tasks include the following:

(1.1) identify and address problem areas in the performance of

duties of the Court to ensure honest, effective, efficient and
speedy administration of justice; (1.2) prepare and submit to the
Presiding Justice recommendations and suggestions to solve the
problems mentioned in the preceding paragraph; (1.3) review
and submit comments and recommendations on reports of
Investigating Officers on administrative complaints against
officers and employees of the court; (1.4) formulate and
recommend policies and administrative procedures on the
discipline of Court personnel; and (1.5) perform other tasks or
duties as may be assigned to it by the Presiding Justice or the
Court. (n)

(2) Questions involving consolidation of cases. The Committee shall

determine the propriety of the proposed consolidation and to make its
written recommendation to the Presiding Justice within five (5) days
from referral to it.

(b) Committee on Personnel – On matters involving personnel, such as

recruitment, appointment, monitoring of leaves of absence, training, change of
organizational sturcture, creation of positions, discipline, retirement and
termination of services.

(c) Committee on Budget and Finance – On matters involving: (1) the

preparation of annual budget, (2) allotment of funds, (3) accounting, and (4) all
financial transactions.

(d) Committee on Security and Safety – On matters involving: (1) formulation

of security policies, (2) enforcement and implementation of safety measures
such as wearing of I.D. cards, control of visitors, etc.

(e) Committee on Records Management and Information Service – On matters

involving the management of records, information, statistical data and
computerization.
 (f) Committee on Employee’s Welfare and Benefits – On matters involving (1)
creation and maintenance of medical and dental services, (2) establishment and
operation of health and welfare place, (3) establishment and supervision of
canteen for Justices, officials and employees, cultural and sports activities, (4)
maintenance of shuttle buses and other equipment and facilities for employees.

(g) Committee on Legal and Research Services – On matters involving the

operations of the Office of the Court Reporter and the Court Library, especially
in the publication of decisions and circulars of the Court, research on legal
issues, acquisition of new books and research tools and other related matters
referred to it by the Court.

(h) Committee on Buildings and Grounds – On matters involving: (1) the

construction, repairs, improvements and maintenance and disposal of vehicles,
office equipment, supplies, books, computers and furniture, and conducting
required bidding and awards.

(i) Committee on Purchase and Acquisition of Court Facilities, Equipment and

Supplies – On matters involving the purchase, acquisition and maintenance and
disposal of vehicles, office equipment, supplies, books, computers and
furniture, and conducting required bidding and awards.

(j) Committee on Rules – On matters involving the amendments or revision of

internal rules of the Courts.

(k) Committee on Court of Appeals Journal – On the matter of maintaining and

improving the Court of Appeals official journal.

(l) Committee on Foreign Travels – On the matter of formulating guidelines

and determining on the basis thereof, the Justices and other judicial officers of
the Court who are entitled or be given priority to travel abroad on official time
or business and to make the necessary recommendations thereon.

(m) Committee on Baguio Cottages and Administrative Building – On matters

involving the maintenance and improvement of the Court’s Baguio Cottages,
supervision of the employees therein and the operation of the Administrative
Building in said City. (n)

Section 8. Jurisdiction and Manner of Exercise of Adjudicative Powers of the Court by

Divisions. – The Court shall have original and appellate jurisdiction as provided for by
law.

In the exercise and discharge of the adjudicative powers, functions and duties of the
Court, the Divisions shall hold consultations. (Sec. 3, Rule 2 RIRCA [a]).
Section 9. Reorganization of Divisions. –

(a) Reorganization of Divisions shall be effected whenever a permanent

vacancy occurs in the chairmanship of a Division. Assignment of Justices to the
Divisions shall be in accordance with the order of seniority. (n)

(b) Should appointments to the Court require the creation of a new Division or
Divisions, the most ranking senior members shall be the Chairman or Chairmen
of such new Division or Divisions, and the resulting vacancies in the senior
membership shall be filled by the most ranking junior members. The new
appointees shall be assigned to the resulting vacancies as junior members. (Sec.
5[a], Rule 1. RIRCA)

(c) A permanent vacancy in the ranks of junior members shall be filled by the
most junior member as acting junior member of the Division where the vacancy
exists pending reorganization of the Divisions, in addition to his duties as
regular member of his current Division. (Sec. 5, Rule 1, RIRCA [a])

(d) When the members of a Division fail to reach a unanimous vote, its
Chairman shall direct the Raffle Committee to designate b raffle two (20
additional members to constitute a Special Division of Five. In the selection of
the additional members, the rule on equal assignment shall be observed. (Sec. 6,
Rule 1, RIRCA [a]).

Section 10. Other Court Officials and their Duties. –

(a) Clerk of Court. – The Clerk of Court is the administrative officer of the
Court. He shall be under the direct supervision of the Presiding Justice and is
accountable to the Court. He shall take charge of the administrative supervision
over subordinate officials and employees, except the co-terminus staff. He shall
assist the Presiding Justice in the formulation of programs and policies for
consideration of the Court en banc. (Sec. 11, rule 1, RIRCA [a])

It shall also be the duty of the Clerk of Court to:

(1) Disseminate information concerning court activities of public

interest and answer questions concerning the Court and official
actuation’s of Justices;

(2) Answer queries from litigants, counsel and interested parties

pertaining to the status of cases pending in the Court; and

(3) Perform other functions as may, from time to time, be assigned to

him by the Presiding Justice or the Court.

(b) Assistant Clerk of Court – The Assistant Clerk of Court shall assist the
Clerk of Court in the performance of his duties and functions and perform such
other duties and functions as may be assigned to him by the Presiding Justice or
the Clerk of Court. In case of vacancy in the position of the Clerk of Court, the
Assistant Clerk of Court shall act as Acting Clerk of Court until his successor
shall have been appointed and qualified; in case of absence or incapacity of the
Clerk of Court, the Assistant Clerk of Court shall perform the duties of the
Clerk of Court, until the latter reports for duty. (sec. 11, Rule 1, RIRCA [a])

(c) Division Clerk of Court – Each Division shall be assisted by a staff

composed of one (1) Division Clerk of Court and such personnel as the
exigencies of the service may warrant. The Division Clerk of Court shall be
under the direct control and supervision of the Chairman of the Division.

The Division Clerk of Court shall:

(1) Direct and supervise the staff of the Division; maintain the records
of the Division in an orderly manner; keep tract of the status and
progress of cases assigned to the Division; monitor pleadings, motions
and papers filed with the Receiving Section of the Judicial records
Division; update the records of cases; examine the records of cases to be
acted upon by the Division, such as but not limited to the payment of
docket and other legal fees, filing of briefs, memoranda and other
papers within the allowable periods; prepare the agenda of motions and
other incidents for action by the Division; issue minute resolutions,
notices of decisions, resolutions and hearings, summonses, subpoenas,
writs and other processes under the authority of the Division; attend the
hearings of the Division, supervise the stenographers in recording the
proceedings and prepare the minutes thereof; receive the decisions and
resolutions of the Division for promulgation; and make entries of
judgment;

(2) Immediately report to the Justice concerned the failure of a party to

comply with the resolution or order of the Court within the prescribed
period;

(3) Transmit the original and two (2) copies of the decision and
resolution to the Court Reporter within the twenty-four (24) hours from
promulgation; (Sec. 11, Rule 1, RIRCA [a]); and

(4) Perform such other duties as may be assigned by the Division

Chairman.

If only one or two Justices are left after a decision is promulgated, it shall be
the duty of the Division Clerk of the former ponente to request the raffle
Committee for substitution; but if no Justice is left, the Chief of the Judicial
 Records Division shall make the request for raffle.

(d) Court Reporter. – The Court Reporter shall:

(1) Keep custody of the originals of the decision and final resolutions,
which shall not be brought out of the Court premises without the written
authority of the Presiding Justice; cause the binding thereof in separate
volumes; have supervision and control over his staff; and distribute to
the Justices copies of decision of first impression;

(2) Release certified copies of decisions and resolutions only upon

written request, payment of the proper fees and presentation of the
corresponding receipt to the Court Reporter;

(3) Publish in the Official Gazette and the Court of Appeals Reports
Annotated decisions and final resolutions together with their syllabi in
consultation with the ponentes;

(4) Separate syllabi of decisions and final resolutions of the Court that
have become final and executory and distribute them to the members of
the Court;

(5) Prepare and publish with each reported decision 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 and a syllabus which shall be
confined to points of law; and

(6) Call the attention of the Presiding Justice to conflicting decisions, in

which case the Presiding Justice shall convoke the Divisions concerned
to resolve the same. (Sec, 11, Rule 1, RIRCA [a]).

Section 11. Appointments and resignation of Court Officials and Other Employees. –
Appointments of the Clerk of Court, Assistant Clerk of Court, Division Clerks of
Court and Court Reporter shall be recommended by the Court en banc to the Supreme
Court. Appointments of all other personnel shall be recommended by the Presiding
Justice. Upon receipt of the Supreme Court resolution approving the recommendation,
the Presiding Justice shall immediately issue to the appointee the corresponding
commission evidencing the appointment. The appointee may then take his oath and
perform his duties and responsibilities.

No recommendee shall assume the duties of the position to which he was

recommended for appointment before issuance of his appointment, except in
meritorious cases and with prior approval of the Chief Justice.

For purposes of the Civil Service Law, the commission shall serve as the appointment
paper of the appointee and a copy thereof shall be forwarded to the Civil Service
Commission, together with supporting papers.

All resignation from office shall be indorsed by the Presiding Justice to the Supreme
Court for appropriate action. (sec. 12, Rule 1, RIRCA [a])

RULE II
RULE ON PRECEDENCE AND PROTOCOL

Section 1. Concept. – The Presiding Judge enjoys precedence over all the other
members of the Court in all official functions. The Associate Justices shall have
precedence according to the order of their appointments as officially transmitted to the
Supreme Court (Sec. 7, Rule 1, RIRCA [a])

Section 2. When Rule on Precedence is Applicable. – The rule on precedence shall be

applied in the following instances:

(a) In case of vacancy in the office of the Presiding Justice or in his absence or
inability to perform the powers, functions and duties of his office, the Associate
Justice who is first in precedence shall perform the powers , functions and
duties until another Presiding Justice is appointed and has qualified or such
disability is removed;

(b) In the determination of the chairmanship of the Divisions;

(c) In the sitting arrangement of the Justices in all official functions;

(d) In the choice of supporting personnel and other employees; and

(e) In the choice of office space, facilities, equipment, transportation and

cottages. (Rule 1, Sec. 8, RIRCA [a])

Section 3. When Rule on Precedence is not Applicable. – Precedence in rank shall not
be observed in social and other non-official functions nor be used to justify
discrimination in the assignment of cases, amount of compensation, allowances or
other forms of remuneration, except in the case of the Presiding Justice or whoever is
acting in his place and the Chairmen of the Divisions. ( Sec. 9, Rule 1, RIRCA [a])

Section 4. Ceremonial Protocol in En Banc Seession and Division Hearing. –

(a) During an en banc session the most junior member of the Court enters firts
the Presiding Justice exits first. During a Division hearing, the Chairman enters
and exits first, followed by the members according to seniority.
 (b) As the first Justice enters the session hall for an en banc session, the Clerk
of Court announces: "The Honorable Court of Appeals En Banc, presided
byMr./Madame Presiding Justice _____________, is now session. Silence is
enjoined ." With that announcement and after he reaches his chair , the
Presiding Justice bangs the gavel. All shall then take their seats.

In Division hearings, the Division Clerk of Court anounces: "The ________ Division
of the Honorable Court of Appeals, presided by its Chairman , Mr./Madame Justice
_________, is now in session. Silence is enjoined ." With that announcement and after
he reaches his chair, the Chairman bangs the gavel. All shall then take their seats .

Section 5. Conduct of Hearing in Divisions. - The Chairman controls the proceedings

during the hearing. He shall rule on all motions and objections interposed therein
consultation with the members. He may, however, yield the conduct of the proceedings
to any member who shall exercise the powers of the Chairman. (n)

Section 6. Attendance of Justices in Hearings. - Except where a hearing to received the

evidence of the parties is referred by a Division to one of its members, the members of
a Division shall be present at all hearings of the Division, otherwise the hearings shall
be postponed. Unexplained or unjustified absence shall be a ground for disciplinary
action.

RULE III
PROCEDURE IN RECEIVING, ASSIGNMENT AND DISTRIBUTION OF
CASES

Section 1. Manner of Filing; Duty of Receiving Section. -

(a) Pleadings, motions and other papers shall be filed with the Receiving
Section of the Judicial Records Division of the Court. (Sec. 3, Rule 3, RIRCA
[a]).

(b)Upon receipt of the pleadings, motions or other papers filed by personal

delivery, the Receiving Section shall forthwith legibly stamp on the first page
thereof the exact date and hour of such receipt, duly signed by the receiving
clerk. (Sec. 3(b), Rule 3, RIRCA [a]).

(c) If the filing is by registered mail, the Receiving Section shall legibly stamp
or indicate on the first page of the pleading, motion or other paper the date of
receipt thereof by the Court, the fact that the same was received by registered
mail and the date of posting thereof, duly signed by the receiving clerk. The
corresponding envelope or portion thereof showing the date of posting and
registry stamp shall be attached to the rollo. (Sec. (c), Rule 3, RIRCA [a])

(d) Pleadings, motions and other papers may also be filed by ordinary mail,
private messengerial service or any mode other than personal delivery and
 registered mail as may be allowed by law or the Rules. However, they shall be
deemed filed on the date and time of receipt by the Court, which shall be
legibly stamped by the receiving clerk on the first page thereof and on the
envelope containing the same, and signed by him. (Sec. 4, Rule 3, RIRCA [a])

Section 2. Raffle of Cases. -

(a) Assignment of cases to a Justice, whether for completion of records or for

study and report, shall be by raffle, subject to the following rules:

(1) Appealed cases for completion of records shall be raffled to

individual Justices; (Sec. 5(a), Rule 3, RIRCA [a])

(1.1) Records are deemed completed upon filing of the required

briefs or memoranda or the expiration of the period for the filing
thereof and resolution of all pending incidents. Thereupon, the
Division Clerk of Court shall report the case to the Justice
concerned for the issuance of a resolution declaring the case
submitted for decision and referring the same to the Raffle
Committee for raffle to a Justice for study and report; (Sec. 5(b),
Rule 3, RIRCA [a])

(1.2) After such raffle, all incidents shall be referred to the

Justice to whom the case is assigned for study and report, except
in cases where there are missing transcripts of stenographic
notes or other parts of the records, in which event, the case shall
be returned to the Justice for completion of records; (n)

(2) Petitions for review under Rules 42 and 43 and Sec. 3 (b) of Rule
122, annulment of judgments under Rule 47, special civil actions under
Rules 65, 66 and 71, and habeas corpus under Rule 102 of the Rules of
Court shall be raffled to a Justice for completion, study and report; (n)

(3) When a Justice to whom a case is raffled for study and report
inhibits himself, is suspended or is on leave of absence for at least six
(6) months, the case shall be re-raffled courtwide to another Justice,
with of replacement of another case of similar nature and status. (Sec.
5(d), Rule 3, RIRCA [a])

(b) Raffle of cases for completion of records under paragraph (a)(1) of this
section shall be open to the public and conducted in chronological order every
working day at 10:30 A.M. Raffle of cases for study and report under paragraph
(a)(1.1) or the re-raffle thereof under paragraph (a)(3) shall be confidential.

Petitions, actions and proceedings under paragraph (a)(2) shall be raffled to a

Justice and shall be undisclosed to the parties to the case and the public. (Sec. 6,
Rule 3, RIRCA [a])

(c) Raffle of cases shall be conducted by the Raffle Committee composed of all
the Justices of the Division chosen for the day which, in turn, shall choose by
raffle the Raffle Committee for the following working day. The members of the
Raffle Committee who are present shall be exempt from assignment of cases
for the day. In the event that one or more members of the Raffle Committee
is/are absent or not available, the Raffle Staff shall report the matter to the
Presiding Justice who shall thereupon choose by raffle the members which shall
constitute the Raffle Committee for the day.

The staff of the Raffle Committee as designated by the Presiding Justice shall
be under his direct control and supervision. (Sec. 6(b), Rule 3, RIRCA [a])

(d) No special raffle shall be conducted except for urgent necessity therefor as
determined and authorized in writing by the Presiding Justice, or in his absence
or unavailability, the most senior Justice present. The special raffle shall be
confidential and shall be conducted during office hours by the Raffle
Committee for the day or any of its members. In their absence, the Presiding
Justice may personally conduct the raffle or assign another Justice to do so.
(Sec. (6)(e), Rule 3, RIRCA [a])

(e) To ensure equality in the number and nature of the cases assigned to the
Justices, the Raffle Staff shall prepare separate lists of cases under the
following categories: (1) appealed civil cases; (2) appealed criminal cases; (3)
appealed criminal cases involving detention prisoners; (4) appealed special civil
actions; (5) appealed special proceedings; (6) habeas corpus; (7) annulment of
judgments; (8) petitions for review of the decisions of the Court of Tax Appeals
and quasi-judicial agencies; (9) petitions for certiorari, prohibition and
mandamus; (10) cases involving substitution of a ponente or designation of
Justices to fill vacancies in a Division or to create a Special Division of Five;
and (11) administrative cases referred by the Supreme Court to the Court. (Sec.
6(c), Rule 3, RIRCA [a])

(f) The Raffle Staff shall furnish the Justices with the result of the raffle not
later than the following working day. The result of the raffle intended to be
undisclosed shall be held in strictest confidence by everyone concerned. (Sec.
6(f), Rule 3, RIRCA [a])

(g) Only civil and criminal cases not involving detention prisoners shall be
raffled to the Presiding Justice in the ratio of 1:4. (n)

(h) A Justice with an approved leave of absence exceeding thirty (30) days shall
be exempt from the raffle of cases for the period covered thereby. (Sec. 6(h),
Rule 3, RIRCA [a])
 (i) The Raffle Committee shall be furnished with a copy of the approved leave
of absence of a Justice at least a day before its commencement.

In case of unavoidable circumstances, a written notice of his absence from the

Justice or an authorized member of his staff must be served on the Raffle
Committee not later than 9:30 a.m. of the day that said Justice cannot report for
work. Within two (2) working days from the written notice, a formal leave of
absence of said Justice, duly approved by the Presiding Justice, shall be filed
with the Raffle Staff.

The Raffle Staff shall report the failure of a Justice to file said formal leave of
absence to the Presiding Justice, who shall then direct the Raffle Committee to
include said Justice in the succeeding raffle of cases for raffle to him of such
number and nature of cases which should have been assigned to him were it not
for the aforesaid notice. (n)

(j) A Justice shall be excluded from raffle of cases three (3) months before his
retirement. (Sec. 6(I), Rule 3, RIRCA [a])

(k) Within three (3) months from retirement or cessation from office of a
Justice, his pending cases shall be raffled to the other Justices, except those
cases which must be raffled among the remaining members of the Division who
participated therein, unless otherwise directed by the Presiding Justice. (n)

Section 3. Consolidation of Cases. - When related cases are assigned to different

Justices, they may be consolidated and assigned to one Justice.

(a) At the instance of a party with notice to the other party; or at the instance of
the Justice to whom the case is assigned, and with the conformity of the Justice
to whom the cases shall be consolidated, upon notice to the parties,
consolidation may be allowed when the cases involve the same parties and/or
related questions of fact and/or law.

(b) Consolidated cases shall pertain to the Justice -

(1) To whom the case with the lowest docket number is assigned, if they
are at the same kind;

(2) To whom the criminal case with the lowest docket number is
assigned, if two or more of the cases are criminal and the others are civil
or special;

(3) To whom the criminal case is assigned and the others are civil or
special; and

(4) To whom the civil case is assigned, or to whom the civil case with
 the lowest docket number is assigned, if the cases involved are civil and
special.

(c) Notice of the consolidation and replacement shall be given to the Raffle
Staff and the Judicial Records Division. (Sec. 7, Rule 3, RIRCA [a])

Section 4. Replacement of Cases. -

(a) When cases pertaining to different Justices are consolidated, the Justice to
whom the consolidated cases are assigned may transfer to the Justice, from
whom the consolidated case was taken, a case of his own in exchange for the
re-assigned case, which should as much as possible be of similar nature and
status as the one replaced. (Sec. 7, Rule 3, RIRCA [a])

(b) If a ponente voluntarily inhibits himself or is disqualified, the Justice to

whom the case is re-raffled may transfer to the former another case of similar
nature and status. (n)

(c) A case in which any of the actions or proceedings mentioned in Sec. 2(d),
Rule VI hereon has been taken shall not be given as replacement. (n)

(d) If the replacement is acceptable, the Justice to whom a replacement case is

delivered shall send the rollo of the same to the Raffle Staff which shall
indicate on the cover of the rollo that it is a replacement case naming therein
the Justice to whom it is given. (n)

Section 5. Distribution of Cases Upon Appointment of a New Justice. - Upon

appointment and assumption to office of a new Justice, he shall be assigned an initial
caseload equal to the average caseload of an incumbent Justice as shown in the latest
report of the Information and Statistical Data Division. The initial caseload shall first
be taken from the unre-assigned cases submitted for decision left behind by a Justice
who retired from the service or otherwise ceased to be a member of the Court, and then
from those unloaded by the incumbent Justices of such number and nature as
determined by the Presiding Justice. (n)

Section 6. Disposition of Pending Cases When a Justice Ceases to be a Member of the

Court. -

(a) When a Justice retires, is promoted or otherwise ceases to be a member of

the Court, he shall within thirty (30) days therefrom, submit to the Presiding
Justice a complete inventory of cases assigned to him, copy furnished the clerk
of Court, the Judicial Records Division and the Raffled Staff. Within the same
period, the records of said cases shall be followed to the Judicial Records
Division. (n)

(b) Cases submitted for decision and other pending cases which are left behind
 by a Justice who retires, is promoted or otherwise ceases to be a member of the
Court , but are not included in the initial caseload of a newly appointed Justice,
shall be re-raffled courtwide among all the sitting Justices.(n)

RULE IV
PROCESSING OF CASES AND ACTION ON INTERLOCUTORY MATTERS

Section 1. Procedure in the disposition of Pleadings, Motions and Other Papers.-

(a) Within two (2) working days, all pleadings, motions and other papers filed
with the Receiving Section of the Judicial Records Division shall be entered in
the docket book, stitched to the rollo of the case, paged consecutively and then
forwarded to the Division Clerk of Court concerned.

(b) If the Division Clerk of Court has no authority to act on such pleadings,
motions and other papers, he shall prepare the agenda and submit the same to
the Division, thru the Justice concerned, within three (3) working days from
receipt in his office of the rollo, together with the pleadings, motions or other
papers.

(c) The Division Clerk of Court shall state in the agenda, with page references,
the antecedents of the case which are necessary for an understanding thereof, a
synopsis of the motion or incident and the opposition thereof, if any, the issues
involved and his remarks or recommendation. (Rule 3, Sec. 12, RIRCA[a])

Section 2. Action by the Presiding Justice – When a petition involves an urgent matter,
such as an application for writ of habeas corpus or temporary restraining order, and
there is no way of convening the Raffle Committee or calling any of its members, the
Presiding Justice may conduct the raffle or act on the petition, subject to the raffle on
the next working day in accordance with Rule III hereof(n)

Section 3. Action by the Division Clerk of Court - Unless disauthorized by the

Chairman in consultation with the members of the Division, the Division Clerk of
Court may, within three days from date of receipt of motions, pleadings, Judicial
Records Division reports and other communications by his office, without need of an
agenda, perform the following :

(a) Require proof of receipt of copies of briefs, pleadings, motions and other
papers by the parties;

(b) Enter judgment upon finality of a decision or final resolution.

(c) Require the parties to submit the required number of copies of their
pleadings and/or legible copies of the assailed decision or order;
 (d) Note the formal entry of appearance of counsel;

(e) Note the substitution of counsel, provided it is accompanied by written

conformity of the client; if there is no such written conformity, to require the
counsel to submit the same;

(f) Note notices of change of address of counsel; parties and firm name.

(g) Require the stenographic reporter concerned, in case of unsigned transcripts

of stenographic notes, to sign the same in the Court, if he is within Metro
Manila; or to furnish stenographic reporter concerned with a copy of the
unsigned transcripts and to require him to submit a certification attesting to the
authenticity and correctness of said unsigned transcripts within five (5) days
from notice, if he is outside Metro Manila.

(h) Send letter-tracers to the postmaster concerned for the submission of the
official date receipt of decisions and resolutions by the parties.

(i) Note the compliance’s of stenographic reporters, branch clerks of the court
and postmasters.

(j) Send copies of decision and resolutions directly to the parties in case the
same, which were originally addressed to their counsel , have been returned
with the postal notation : "Deceased" or other words similar import; and;

(k) Cause personal services of temporary restraining order and writs of

preliminary injunction on counsel and parties. , if within Metro Manila and by
telegram, to be followed by either special registered speed mail or airmail, if
outside Metro Manila. (Rule 3, Sec. 8 RIRCA([a])

Section 4. Processing of Ordinary Appeals -

(a) In Civil Cases

1. Upon receipt of the original, whether by personal or delivery, or by

mail, the Civil Cases Section of the Judicial Records Division shall
immediately;

(1.1) Check proof of payment of the full amount of the appellate

court docket and other lawful fees and deposits for costs to the
clerk of court of the court which rendered the appealed
judgement or order;

(1.2) Check if all the documents and papers required under the
Rules of Court have been transmitted, prepare the corresponding
rollo, docket the case and assign the corresponding CA-GR. CV
 number.

(1.3) Submit the case to the raffle staff for inclusion in the list of
cases for raffle;

(1.4) After the raffle, report to the Division Clerk of Court

concerned the lacking portions of the records for appropriate
action, , if the records transmitted are incomplete;

(1.5) Write the branch clerk of the court which rendered the
appealed judgment or order, copy furnished the appellant, if the
incomplete records is received by mall without explanation for
its incompleteness, for him to get the records personally from
the Court or submit the missing parts of the records; and

(1.6) Within ten (10) days from completion of the records, issue
a notice to file appellant’s brief within forty-five (45) days from
receipt thereof. The notice shall require that a certified true copy
of the appealed decision or order be appended to the brief. (Sec.
2, Rule 4, RIRCA ([a])

2. If the records are being transmitted personally, the Civil Cases

Section shall immediately examine the same in the presence of the filer
and, if incomplete, issue a list of the missing portion. (n)

3. If the transcript of stenographic notes are incomplete, the Civil Cases

Section, shall send a notice to the stenographic reporter concerned to
submit the missing transcripts within thirty (30) days from notice. A
notice shall also be issued to the appellant’s counsel with a warning that
failure on his part to take the necessary steps to complete the transcripts
within thirty (30) days from notice may result in the dismissal of the
appeal . (Rule 4, Sec., 2 RIRCA([a])

4. Issuance of Notices – All notices mentioned in this Rule shall be

issued in the name of the Clerk of Court by the Division Clerk of Court
or the Chief, Judicial Records Division. (Sec. 3, Rule 4, RIRCA)

5. When Case Deemed Submitted – After the brief have been filed or the
period for their filling has expired, the Judicial Records Division shall
immediately forward the rollo to the Division Clerk of Court with a
certification that the records of the case are complete. The Division
Clerk of Court shall then report to the Division that the case may be
deemed submitted for decision.

(b) In Criminal Cases –

 The original records of criminal cases shall be processed by the Criminal Cases
Section in accordance with this Section , insofar as applicable and assigned a
corresponding CA-G.R. CR number. (Rule 5, Sec. 2, RIRCA ([a])

1. Docket and Other Lawful Fees and Deposit for Costs - No payment
of docket and other lawful fees, and deposit for costs shall be required
in criminal cases except in petitions for review of criminal cases and
appeals from confiscation or forfeiture of bail bonds. (rule 5, Sec. 3,
RIRCA [a])

2. Appeals from Confiscation of Bond – Appeals from orders of

confiscation or forfeiture of bail bonds shall be treated as appeals in
civil cases. The green-colored rollo cover for civil cases shall be used
over the cream-colored cover for criminal cases. The case shall be re-
captioned "Republic of the Philippines, plaintiff-appellee, versus (the
name of the bondsman/surety), defendant-appellant". (Rule 5, Sec. 7,
RIRCA)

3. Appeals from Contempt of Court – Appeals from orders finding a

person in indirect contempt of court shall be treated as appeals in
criminal cases. (n)

Section 5. Processing of Petitions for review and Original Actions.

(a) The petition shall be accompanied by an amount sufficient to cover payment

of the prescribed docket and other lawful fees and deposit for costs, unless the
petitioner is exempt from such payment and deposit. (Rule 6, Sec. 1., RIRCA
[a])

(b) Upon filing of the petition and payment of the docket and other lawful fees
as well as the deposit for costs, the Special Cases Section shall prepare the
rollo, record the same in the docket book for special cases and then assign the
corresponding CA-G.R. SP number. Upon payment of the full docket fee, the
Special Cases Section shall assign the petition a docket number, otherwise a
UDK-SP number. A notation of the payment or non-payment of the other
lawful fee and deposit for costs or the insufficiency thereof shall be made by
the Special Cases Section on the first page of the rollo, The rollo shall then be
forwarded to the Raffle Staff for assignment to a Justice for appropriate action.
The Special Cases Section , through the Division Clerk of Court , shall likewise
make a simultaneous report to the Justice concerned of the non-payment of the
docket fee and other lawful fees and deposit for costs, or the insufficiency
thereof. (Rule 6, Sec. 1 [b] RIRCA [a])

(c) Certiorari, Prohibition, Mandamus, and Quo Warranto. The provisions of

Rule 46 as far as applicable , Rule 65 an 66 of the Rule s of court shall govern
petitions for certiorari, prohibition and mandamus and petitions for quo
 warranto, respectively.(n)

(d) Habeas Corpus – the provisions of Rule 102 of the Rules of Court shall
govern petitions for habeas corpus. (n)

RULE V
INHIBITION OF JUSTICES

Section 1. Mandatory Inhibition of Justices. - When a Justice is disqualified under any

of the grounds enumerated in the first paragraph of Sec. 1, Rule 137 of the Rules of
Court and in Rule 3.12 of the Code of Judicial Conduct, he shall immediately notify
the Raffle Committee and the members of his Division. (n)

Section 2. Voluntary Inhibition of a Justice. - A Justice may voluntarily inhibit himself

from sitting in a case for a just or valid reason other than those referred to in Section 1
of this Rule. In that event, he shall notify in writing the Raffle Committee and the
members of his Division. (n)

Section 3. Motion to Inhibit a Division or a Justice. - A motion for inhibition must be

in writing and shall state the grounds therefor.

A motion seeking the inhibition of a Division shall be acted upon by that Division.

A motion for voluntary inhibition of a Justice shall be acted upon by him alone in
writing, copy furnished the other members of the Division, the Presiding Justice, the
Raffle Committee and the Division Clerk of Court. (n)

Section 4. Action on Inhibition. - The action on the inhibition shall be attached to

the rollo and paged. (n)

Section 5. Right of Replacement. - When a Justice Inhibit is himself from a case, the
Justice to whom it is raffled can replace it with another case of similar nature and
status, subject to Sec. 4 (d), Rule III. (n)

RULE VI
PROCESS OF ADJUDICATION

Section 1. Justice Assigned For Study and Report. - Every case, whether appealed or
original, assigned to a Justice for study and report shall be retained by him even if he is
transferred to another Division. (Sec. 2, Rule 8, RIRCA [a])

Section 2. Justices Who May Participate in the Adjudication of Cases. - In the

determination of the two other Justices who shall participate in the adjudication of
cases, the following shall be observed:

(a) The case shall be the subject of consultation among the members of the
Division;

(b) If the Justice to whom the case is assigned for study and report is
disqualified, his replacement shall be chosen by raffle;

(c) If one or both of the other members of the Division is/are on leave of
absence, disqualified or no longer members of the Court, his/their replacement
shall be chosen by raffle. The Division shall be called Special (No.) Division.

(d) When, in an original action or petition for review, any of these actions or
proceedings, namely: (1) giving due course; (2) granting writ of preliminary
injunction; (3) granting new trial; and (4) granting execution pending appeal
have been taken, the case shall remain with the Justice to whom the case is
assigned for study and report and the Justices who participated therein,
regardless of their transfer to other Divisions.

(e) If only one member of the Division who participated in any of the actions or
proceedings mentioned in the preceding paragraph remains, the Raffle
Committee shall automatically assign the case to him;

(f) Where the composition of a Division which decided a case has changed, the
Division which shall subsequently act on the case shall be called the Former
(No.) Division; and (Sec. 2, Rule 8, RIRCA [a])

(g) If the ponente is no longer a member of the Court but at least one member
of his Division remains, the Division Clerk of Court of the former shall request
the Raffle Committee for substitution of said ponente. However, if all the
members of said Division are no longer with the Court, the Judicial Records
Division shall make said request. (n)

Section 3. Power of the Court of Receive Evidence. -

The Court may receive evidence in the following cases:

(a) In action falling within its original jurisdiction, such as: (1) certiorari,
prohibition and mandamus under Rules 46 and 65 of the Rules of Court; (2)
action for annulment of judgment or final order under Rule 47 of the Rules of
Court; (3) quo warranto under Rule 66 of the Rules of Court; and (4) habeas
corpus under Sections 2 and 12, Rule 102 of the Rules of Court;

(b) In appeals in civil cases where the court grants a new trial on the ground of
newly discovered evidence, pursuant to Sec. 3, Rule 53 of the Rules of Court;
 (c) In appeals in criminal cases where the court grants a new trial on the ground
of newly discovered evidence, pursuant to Section 12, Rule 124 of the Rules of
Court; and

(d) In appeals involving claims for damages arising from provisional remedies.

Section 4. Hearing on Preliminary Injunction. - The requirement of a hearing on an

application for preliminary injunction is satisfied with the issuance by the Court of a
resolution served upon the party sought to be enjoined requiring him to comment on
said application within a period of not more than ten (10) days from notice. Said party
may attach to his comment documents which may show why the application for
preliminary injunction should be denied. The Court may require the party seeking the
injunctive relief to file his reply to the comment within five (5) days from receipt of the
latter.

If the party sought to be enjoined fails to file his comment as provided for in the
preceding paragraph, the Court may resolve the application on the basis of the petition
and its annexes.

The preceding paragraphs, notwithstanding, the Court may, in its sound discretion, set
the application for a preliminary injunction for hearing during which the parties may
present their respective positions or submit evidence in support thereof. (n)

Section 5. Action by a Justice. - All members of the Division shall act upon an
application for a temporary restraining order and writ of preliminary injunction.
However, if the matter is of extreme urgency, and a Justice is absent, the two other
justices shall act upon the application. If only the ponente is present, then he shall act
alone upon the application. The action of the two Justices or of the ponente shall
however be submitted on the next working day to the absent member or members of
the Division for ratification, modification or recall.

Section 6. Judicial Action on Certain Petitions. - (a) In petition for review, after the
receipt of the respondent's comment on the petition, or if no comment is filed upon the
expiration of the time to file it, the Court may dismiss the petition fi it finds the same to
be patently without merit, prosecuted manifestly for delay, or that the questions raised
therein are too unsubstantial to require consideration, otherwise, it shall give due
course to it.

Before a petition is given due course, the Court shall not require the court a quo or
quasi-judicial agency agency to elevate the original records of the case. The Court,
however, may require the court a quo or quasi-judicial agency to supply it with copies
of relevant pleadings and documents which the Court needs in acting upon the petition
at that stage of the proceedings.

If the petition is given due course, the Court may consider the case submitted for
decision or require the parties to submit their memoranda or set the case for oral
argument. The Court may require the court a quo or quasi-judicial agency to elevate
the records of the case. After the oral argument or upon submission of the memoranda
or upon the expiration of he time to file it, the case shall be deemed submitted for
decision.

(b) In petitions for certiorari, prohibition and mandamus, the provisions of Rule
65 of the Rules of Court shall apply. (n)

Section 7. The Justices Who Shall Act on Motions. -

(a) If during the completion-of-record stage in both appealed civil and criminal
cases, there is no unanimous concurrence of the members of the Division on the
resolution disposing of an interlocutory matter and a Division of Five is
constituted, the latter shall act on said matter only up to the resolution of a
motion for reconsideration thereof. The adjudication on the merits of the appeal
shall be made by the current members of the Division of the Justice to whom
the case is assigned for study and report. (n)

(b) A motion for reconsideration of a decision or resolution shall be acted upon

by the ponente and the other members of the Division, whether of three or five,
and whether regular or acting, who participated in the rendition of the decision
or resolution sought to be reconsidered, irrespective of whether such members
are already in other Divisions at the time the motion for reconsideration is filed
or acted upon. (n)

(c) If the ponente is no longer a member of the Court or has inhibited himself
from acting on the motion, he shall be replaced by another Justice who shall be
chosen by raffle from among the remaining members of the Division, whether
regular or acting, who participated in the rendition of the decision or resolution,
and the resulting vacancy therein shall be filled by raffle from among the other
members of the Court.

If only one member of the Division, whether regular or acting, who participated
in the rendition of the decision or resolution, remains, the motion shall be sent
to him by the Raffle Committee and he shall act thereon with the participation
of the other members of his Division. (n)

(d) If the ponente and all the members of the Division, whether regular or
acting, who rendered the decision or resolution are no longer members of the
Court, the case shall be raffled to any member of the Court an the motion shall
be acted upon by him with the participation of the other members of his
Division. (n)

Section 8. Priorities in Adjudication of Cases. - Subject to existing laws and as far as

practicable, cases shall be adjudicated in accordance with the following priorities:
 (a) In Civil Cases. -

(1) Those where temporary restraining orders, writs of preliminary

injunction or execution pending appeal or other auxiliary writs were
issued;

(2) Those involving a prejudicial question; and

(3) The oldest cases submitted for decision.

(b) In Criminal Cases. -

(1) Those where the accused is detained;

(2) Those where the Solicitor General recommends the acquittal of the
accused; and

(3) The oldest cases submitted for decision.

(c) In Original Actions and Petitions for Review. -

(1) Habeas corpus cases;

(2) Agrarian cases;

(3) Original petitions where injunctive reliefs have been granted; and

(4) Petitions for review which have been pending in the Court for a long
time. (Sec. 3, Rule 8, RIRCA [a])

Section 9. Study, Report and Deliberation on the Case. -

The Justice to whom the case is assigned for study and report shall submit a written
report thereon to the other members of his Division for consultation. The Chairman of
the Division shall include the case in an agenda for a meeting of the Division for its
deliberation. After such deliberation, if the other members agree with the report,
the ponente shall write the decision for signature and immediate promulgation. Minutes
of the meeting shall be kept. (Sec. 4, Rule 8, RIRCA [a])

Section 10. Procedure in Case of Dissent. - When the unanimous vote of the members
of the Division cannot be attained, the following shall be observed:

(a) Within fifteen (15) days from the date of the deliberation, the dissenting
Justice shall furnish a copy of his written dissent to the two other members of
his Division. The written dissenting opinion shall not be attached to the rollo.
The Chairman of the Division shall then in writing refer the case, together with
 the rollo, to the Raffle Committee which shall designate two Justices by raffle
from among the other members of the Court to sit temporarily with them,
forming a Special Division of Five.

However, for compelling reasons, the Chairman, without awaiting the written
dissenting opinion, may forthwith request the Raffle Committee to designate by
raffle the two additional members. The dissenting Justice, however, shall
submit his written dissenting opinion to all members of the Special Division of
Five within ten (10) days from its constitution.

(b) The Special Division of Five shall retain the case until its final disposition
regardless of reorganization. Any member of the Division of Five may write a
separate concurring or dissenting opinion. (Sec. 4, Rule 8, RIRCA [a])

(c) After a member of the Division has expressed his dissent in writing and the
Special Division of Five is thus constituted, it shall retain the case until its final
disposition despite changes in its membership caused by reorganization or other
causes. (Supreme Court Resolution dated May 25, 1993)

(d) The concurrence of a majority shall be necessary for the pronouncement of

a decision or resolution of the Special Division of Five. The most senior among
the five members shall be the Chairman.

(e) After due consultation, the members of the Special Division of Five whose
opinions constitute the majority shall choose from among them the ponente.

(f) Any member of the Special Division of Five may write a separate
concurring or dissenting opinion which, together with the majority opinion,
shall be promulgated and attached to the rollo. (n)

(g) If the consultation in the Special Division of Five results in a unanimous

concurrence, all its members shall sign the decision or resolution.

Section 11. Certification. -

Every decision shall be accompanied by a certification signed by the Chairman or the

most senior as the Acting Chairman of the Division in the following form:

"CERTIFICATION"

"Pursuant to Article VIII, Section 13 of the Constitution, it is hereby

certified that the conclusions in the above decision were reached in
consultation before the case was assigned to the writer of the opinion
of the Court." (Sec. 5, Rule 8, RIRCA [a])
Section 12. Resolution. - Any disposition other than on the merits shall be embodied in
a resolution. (Sec. 6, Rule 8, RIRCA) Any action modifying or reversing a decision of
the Division shall be denominated as "Amended Decision." (n)

Section 13. Promulgation of decisions and Resolution – Promulgation of decisions and

resolution shall be the direct responsibility of the Division Clerk of Court.

(a) Promulgation is made by filing the decision or resolution with the Division
Clerk of Court who shall forthwith annotate the date and time thereof and attest
to it by his signature thereon.

(b) The Division of Clerk for Court shall record in the Promulgation Book the
docket number, title of the case, the ponente and other members, nature of the
document (whether decision or resolution), and the action taken by the
Division. The Promulgation Book shall be under his care and custody.

(c) Within one working day from promulgation of a decision or resolution, the
Division Clerk of Court shall, send notices and copies thereof in sealed
envelopes to the parties through their counsel either personally or by registered
mail. However, a judgment of acquittal of an accused who is detained, shall,
whenever practicable, be served personally on the Director of Prisons or
whoever has official custody of said accused.

(d) Immediately after promulgation of a decision or resolution, the Division of

Clerk of Court shall forward the original and two copies thereof to the Court
Reporter and a copy each to the Information and Statistical Data Division and
the Judicial Records Division, the latter to forward the same copy to the
Archives Section. (Sec. 8, Rule 8, RIRCA [a])

Section 14. Number of Copies and Distribution. – Decision and resolutions of the
Court shall be distributed as follows: (a) original plus two copies to the Court Reporter;
(b) one copy to be attached to the rollo; (c) one copy to the ponente; (d) one copy to
the Information & Statistical Data Division; and (e) one copy to the Judicial Records
Division. In addition, sufficient copies shall be prepared for the counsel of the parties
in the case. (Sec. 7, Rule 8, RIRCA [a] )

Section 15. Effect of Filing an Appeal in the Supreme Court. – No motion for
reconsideration or rehearing shall be acted upon if the movant has previously filed in
the Supreme Court a petition for review on certiorari or a motion for extension of time
to file such petition. If such petition or motion is subsequently filed, the motion for
reconsideration pending in this Court shall be deemed abandoned. (Sec. 8, Rule 9,
RIRCA)

RULE VII
 ENTRY OF JUDGMENT AND REMAND OF CASES

Section 1. Entry of Judgment. - Unless a motion for reconsideration or new trial is filed
or an appeal taken to the Supreme Court, judgments and final resolution of the Court
shall be entered upon expiration of fifteen (15) days from notice to the parties.

(a) With respect to the criminal aspect, entry of judgment in criminal cases shall
be made immediately when the accused is a acquitted or his withdrawal of
appeal is granted. However, if the motion withdrawing an appeal is signed by
the appellant only, the Court shall first take steps to ensure that the motion is
made voluntarily, intelligently and knowingly or may require his counsel to
comment thereon.

When there are several accused in a case, some of whom appealed and others
did not, entry of judgment shall be made only as to those who did not appeal.
The same rule shall apply where there are several accused in a case, some of
whom withdrew their appeal and others did not.

(b) Entry of Judgment in civil cases shall be made immediately when an appeal
is withdraw or when a decision based on a compromise agreement is rendered.
(Sec. 1 and 7, Rule 11, RIRCA [a])

Section 2. Form. – Entry of judgment shall be made in the prescribed form, signed by
the Division Clerk of Court concerned, who shall certify under the seal of the Court the
date when the decision or final resolution was promulgated and the date it became final
and executory. (Sec. 3, Rule 11, RIRCA [a])

Section 3. Disposition of Copies. – Copies of the entry of judgment shall be furnished

the parties through their counsel by the Division Clerk of Court who shall then attach a
copy to the rollo and transmit the original, together with the rollo, to the Chief of the
Archives Section. The Chief of the Archives Section shall cause the entries of
judgments to be bound in chronological order and indexed.

In criminal cases where the accused is detained, the Director of Prisons, the Jail
Warden or whoever has custody of the accused shall be furnished a copy of the entry of
judgment. In land registration cases, a copy shall also be furnished the Land
Registration Authority. (Sec. 4 Rule 11, RIRCA [a])

Section 4. Allowance for Delay of Mail in Making Entries of Judgment. – In making

entries of judgment, the Division Clerk of Court shall determine the finality of the
decision by making allowance for delay of mail, computed from the last day of the
period of appeal, as follows: forty-five (45) days, if the addressee is from Mindanao
including Palawan; thirty (30) days, if the addressee is from Visayas; twenty (20) days,
if the addressee is from Luzon, except Metro Manila; and fifteen (15) days, if the
addressee is from Metro Manila. (Sec. 6, Rule 11, RIRCA [a])
Section 5. Entry of Judgment and Final Resolution. – 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.

Section 6. Transmittal of Record. – Within five (5) working days from receipt of
the rollo, the Chief of the Archives Section shall cause the remand of the original
records to the court or quasi-judicial agency of origin. (Sec. 8, Rule 11, RIRCA [a])

RULE VIII
MISCELLANEOUS PROVISIONS

Section 1. Erroneous Transmittal of Records. – If it clearly appears from the notice of

appeal that the appellant had directed his appeal to another court, but the lower court
erroneously transmitted the records of the case to the Court of Appeals, the Judicial
Records Division shall refer the case to the Presiding Justice for proper disposition.
(Sec. 1, Rule 12, RIRCA)

Section 2. Case Received Without Docket and Other Legal Fees and Deposit for Costs.
– When an original petition is received by mail without docked and other lawful fees
and deposit for costs, the Judicial Records Division shall assign to it an undocketed
special case number (UDK-SP) and submit said case of the Raffle Committee for
raffle.

The Special Cases Section shall maintain a record book of undocketed special cases for
this purpose. (n)

Section 3. Cases Referred by the Supreme Court. – Cases filed and docketed in the
Supreme Court but subsequently referred by it to the Court of Appeals shall be entered
by the latter in the docket book and given the corresponding docket Number. (Sec. 3,
Rule 12, RIRCA [a])

Section 4. Docket and Other Legal Fees for Multiple Appellants. – If two or more
parties in a case file separate notices of appeal, each shall pay the full amount of the
docket and other lawful fees and deposit for costs. (Sec. 4, Rule 12, RIRCA [a])

Section 5. Docket Fees and Docket Number for Consolidated Cases. –

(a) In an appeal from the Regional Trial Court involving two (2) or more cases, which
were tried and decided jointly, only one docket and other lawful fees and deposit for
costs shall be paid by the appellants to the Clerk of Court of the Regional Trial Court,
except when separate notices of appeal were filed by them. The multiple appeals shall
be assigned only be docket number.

(b) In an original petition involving two or more consolidated cases, only one docket
and other lawful fees and deposit for costs shall be paid by the petitioners. (Sec. 5,
Rule 12, RIRCA [a])

Section 6. Payment of Docket and Other Lawful Fees and Deposit for Costs. –
Payment of docket and other lawful fees and deposit for costs may be made in cash,
postal money order, certified checks or manager’s or cashier’s checks payable to the
Court. Personal checks shall be returned to the payor. (Sec.6, Rule 12, RIRCA [a])

Section 7. Report on Late Payment. –Payment of docket and other lawful fees ad
deposit for costs made after the elevation of the original records shall be reported to the
Court for appropriate action. (n)

Section 8. Non-Refund of Docket Fees. –The docket and other lawful fees and deposit
for costs, once paid, shall be non-refundable, except when erroneously made. (Sec. 7
[b], Rule 12, RIRCA [a])

Section 9. Color of Rollos. – To facilitate the identification of cases, the cover

of rollos shall have the following colors:

(a) Green for appealed civil cases;

(b) Cream for appealed criminal cases where the accused is out on bail;

(c) Orange for criminal cases where the accused is detained and petition for
review of criminal cases;

(d) Mustard for agrarian cases;

(e) Red for habeas corpus cases;

(f) Gray for special cases on appeal;

(g) Yellow for petitions for review of quasi-judicial agencies;

(h) Pink for annulment of judgment cases; and

(i) Blue for all other special cases. (Sec. 8 Rule 12, RIRCA)

Section 10. Session in Baguio –Unless otherwise determined by the Presiding Justice,
sessions shall be held in Baguio City by at least one (1) Division of the Court for a
week every month and by not more than seven (7) Division on rotation basis during the
summer months.

The Presiding Justice shall prepare a schedule of sessions in Baguio City. (n)

Section 11. Separability Clause. –If the effectivity of any provision of these Rules is
suspended or disapproved by the Supreme Court, the unaffected provisions shall
remain in force.

Section 12. Repealing Clause. – If the effectivity of these Rules, all resolutions, orders,
memoranda and circulars of this Court of this Court which are inconsistent therewith
are hereby repealed or modified accordingly. (Sec. 11, Rule 12, RIRCA [a])

Section 13. Effectivity Clause. –These Rules shall become effective on August 22,
2002 after publication in a newspaper of general circulation. (n)
 2009 INTERNAL RULES OF THE COURT OF APPEALS

Contents

Rule I: The Court, Its Organization and Officials

Rule II: Rule on Precedence and Protocol
Rule III: Procedure in Receiving, Assignment and Distribution of Cases
Rule IV: Processing of Cases and Action on Interlocutory Matters
Rule V: Inhibition of Justices Rule VI: Process of Adjudication
Rule Vl: Entry of Judgment and Remand of Cases
Rule VIII: Miscellaneous Provisions

Pursuant to Section 12 of the Judiciary Reorganization Act of 1980 (Batas Pambansa

Big. 129), as amended, the Court of Appeals hereby adopts and promulgates these
rules governing its internal operating procedures. These rules shall be known and may
be cited as the 2009 INTERNAL RULES OF THE COURT OF APPEALS (2009 IRCA.

RULE I THE COURT, ITS ORGANIZATION AMD OFFICIALS.

SEC. 1. Composition of the Court of Appeals. — Unless otherwise provided by law,

the Court of Appeals is composed of a Presiding Justice and sixty eight (68) Associate
Justices. It shall sit en Banc, or in twenty-three (23) Divisions of three (3) Justices
each, the members of the Court are classified into three groups according to the order
of their seniority. The date and sequence of the appointment of the Justices
determine their seniority courtwide.

When a senior member is designated to act as Chairperson of a Division, he/she shall

be an "Acting Chairperson". In iike manner, a junior member designated to act as
senior member of a Division shall be an "Acting Senior Member," (Sec. 5 [c], Rule 1,
RIRCA [a]).

The Presiding Justice shall immediately issue to the appointee the corresponding
commission evidencing the appointment. The appointee may then take his/her oath
and perform his/her duties and responsibilities.

No recommendee shall assume the duties of the position to which he/she was
recommended for appointment before issuance of his/her appointment except in
meritorius cases and with prior approval of te Chief Justice.

For purposeof the Civil Service Law, the commission shall serve as the appointment
paper of the appointee and a copy thereof shall be forwaded to the Civil Service
Commission, together with supporting papers.

All resignations from office shall be indorsed by the Presiding Justice to the Supreme
Court for appropriate action. (Sec, 12, Rule 1, RIRCA[a]}

RULE II
RULE ON PRECEDENCE AND PROTOCOL
SEC. 1. Concept. - The Presiding Justice enjoys precedence over all the other
members of the Court in ail official functions. The Associate Justices shall have
precedence according tu the order of their appointments as officially transmitted to the
Supreme Court. (Sec. 7, Rule 1, RIRCA [a])

SEC. 2. When Rule on Precedence is Applicable. - The rule on precedence shall be

applied in the following instances:

(a) In case of vacancy in the office of the Presiding Justice or in his/ her absence or
inability to perform the powers, functions and duties of his/ her office, the Associate
Justice who is first in precedence shall perform his/her powers, functions and duties
until another Presiding Justice is appointed and has qualified or such disability is
removed;

(b) In the determination of the Chairpersonship of the Divisions;

(c) In ttie sitting arrangement of the Justices in all official functions;

(d) In the choice of supporting peisonuel and other employees; and

SEC. 3. When Rule on Precedence is Not Applicable. — Precedence in rank shall

not be observed in social and other non-official functions nor be used to justify
discrimination in the assignment of cases, amount of compensation, allowances or other
forms of remuneration, except in the case of the Presiding Justice or whoever is acting
in his/her place and the Chairpersons of the Divisions. (Sec. 9, Rule 1, RIRCA [a])

(e) In the choice of office space, facilities, equipment, transportation and cottages.
(Rule 1, Sec. 8, RIRCA [a])

SEC. 4. Ceremonial Protocol hi En Banc Session and Division hearing. —

(a) During an en Banc session, the most junior member of ttie Court enters first and tiie
Presiding Justice exits first. During a Division hearing, the Chairperson enters and exits
tirst. followed by the members according to seniority.

(b)As the first Justice enters the session hall for an en Banc session, the Clerk of Court
announces: "The Honorable Court of Appeals En Banc. presided by Mr./Madame
Presiding Justice ___________, is now in session. Silence is enjoined." With that
announcement and after he/she reaches his/her chair, the Presiding Justice bangs the
gavel. All shall then take their seats.

In Division hearings, the Division Clerk of Court announces: "The ___________ Division
of the Honorable Court of Appeals, presided by its Chairperson, Mr./Madame Justice
___________, is now in session. Silence is enjoined." With that announcement and
after he/she reaches his/her chair, the Chairperson bangs tht gavel All shall then take
their seats, (n)

SEC. 5. Conduct of Hearing in Divisions. — The Chairperson controls the

proceedings during the hearing. He/She shall rule on all motions and objections
interposed therein in consultation with the members. He/ She may, however, yield the
conduct of the proceedings to any member who shall exercise the powers of the
Chairperson, (n)

SEC. 6. Attendance of Justices in Hearings. — Except where a hearing to receive

the evidence of the parties is referred by a Division to one of its members, the
members of a division shall be present at all hearings of the Division, otherwise, the
hearings shall be postponed. Unexplained or unjustified absence shall be a ground for
disciplinary action.

RULE III
PROCEDURE IN RECEIVING, ASSIGNING AND DISTRIBUTING CASES

SEC. 1. Manner of Filing; Duty of Receiving Section. —

(a.) Pleadings, motions and other papers; shall be filed with the Receiving Section of
the Judicial Records Division of the Court ( Sec. 3, Rule 3, RIRCA[a]).

(b) Upon receipt of the pleadings, motions or other papers filed by personal delivery,
the Receiving Section shall forthwith legibly stamp on the first page thereof the exact
date and hour of such receipt, duly signed by the receiving clerk. (Sec. 3(b), Rule 3,
RIRCA [a])

(c) If the filing is by registered mail, the Receiving Section shall legibly stamp or
indicate on the first page of the pleading, motion or other paper the dale of receipt
thereof by the Court, the fact that the same was received by registered mail and the
date of posting thereof, duly signed by the receiving clerk The corresponding envelope
or portion thereof showing the date of posting and registry stamp shall be attached to
the rollo. (Sec. (c), Rule 3, RIRGA [a])

(ci) Pleadings, motions and other papers may also be filed by ordinary mail, private
messengerial service or any mode other than personal delivery and registered mail as
may be allowed by law or the Rules. However, they shall be deemed filed on the date
and time of receipt by the Court, which shall be legibly stamped by the receiving clerk
on the first page thereof and on She envelope containing the same, and signed by
him/her. (Sec. 4, Rule 3, RIRCA[a])

SEC. 2. Raffle of Cases. —

(a) Cases shall be assigned to a Justice by raffle for completion of records,

study and report, subject to the following rules:

(!) Cases, whether original or appealed, shall be raffled to individual justices;

(1.1) Records are deemed completed upon filing of the required pleadings, briefs or
memoranda or the expiration of the period for the filing thereof and resolution of
all pending incidents. Upon such completion, the Division Clerk of Court shall report
the case to the Justice concerned for the issuance of a resolution declaring the case
submitted for decision.
(b) When a Justice to whom a case is assigned inhibits himself/ herself, Is
suspended, or is on leave of absence for at least stx (6) consecutive months,
the case shall be re-raffled to another Justice In the same station, and in the
latter case, upon motion of any of the parties, both with right of replacement
with another case of similar nature and status. (a)

(c) Raffle of cases shall be open to the public and conducted in chronological order
every working day at 10:30 A.M.

(d) Raffle of cases shall be conducted by the Raffle Committee composed of all the
Justices of ttie Division chosen for the day which, in turn, shall choose by raffle [lie
Raffle Committee for the following working day. The members of the Raffle Committee
who are present shall be exempt from assignment of cases for the day. In the event
that one or more members of the Raffle Committee is/are absent or not available, the
Raffle Staff shall report the matter to the Piesiding Justice or the Executive Justice, as
the case may be, who shall thereupon choose by raffle the members who shall
constitute the Raffle Committee for the day.

The staff of the Raffle Committee, as designated by the Presiding Justice, shall be
under his/her direct control and supervision. (Sec. (b), Rule3, RIRCA[a])

(e) No special raffle shall be conducted except for urgent necessity therefor as
determined and authorized in writing by the Presiding Justice or the Executive
Justice, as the case may be, or in his/her absence or unavailability, the most senior
Justice present. The special raffle shall be conducted during office hours by the Raffle
Committee for the day or any of its members. In their absence, the Presiding Justice or
the Executive Justice, as the case may be, may personally conduct the raffle or assign
another Justice to do so. (Sec. 6(e). Rule 3, RIRCA [a])

(f} To ensure equality in the number and nature of the cases assigned to the Justices,
the Raffle Staff shall prepare separate lists of cases under the following categories: (1)
appealed civil cases; (2) appealed criminal cases, ordinary and heinous criminal
cases, (3) appealed criminal cases involving detention prisoners; (4) appealed special
civil actions: (5) appealed special proceedings; (6) habeas corpus; (7) annulment of
judgments; (8) petitions for review of the decisions of quasi-judicial agencies; (9)
petitions for certioiari, prohibition and mandamus; (10) petitions for
amparo; (11) petitions for habeas data; (12) anti-money laundering
cases; (13) cases involving subsiiiution of a ponenle or designation of Justices to fill
vacancies in a Division or to cieale a Special Division of Five; and (14) administrative
cases referred by the Supreme Court to the Court. (Sec. 6(c), Rule 3, RIRCA[a]).

Justices who are assigned administrative cases directly by the Supreme Court shall
report such assignment to the Raffle Staff for record and/or credit purposes.

(g) The Raftle Staff shall furnish the Justices with the result of the raffle not later than
following working day (Sec 6(f), Rule 3 RIRCA [a])

(h) Only criminal cases not involving detention prisons .rand civil cases shall be raffled
to the Presiding Justice or the Executive Justice which shall be in the ratio of 1:4
and 3:4, respectively, (n)
(i) A Justice with an approved ieave of absence exceeding fifteen (15) working days
shall be exempt from tl ie raffle of cases for the period covered thereby- (Sec. 6(h),
Rule 3, RIRCA [a])

(j) The Raffle Committee shall be furnished with a copy of the approved leave of
absence of a Justice at least a day before its commencement.

In case of unavoidable circumstances, a written notice of his/her absence from the

Justice or an authorized member of his/her staff must be served on the Raffle
Committee not later than 9:30 a.m. of the day that said Justice cannot report for work.
Within two (2) working days from the written notice, a formal leave of absence of said
Justice, duly approved by the Presiding Justice, shail be filed with the Raffle Staff.

The Raffle Staff shall report the failure of a Justice to file said formal leave of absence
to the Presiding Justice, who shall then direct the Raffia Committee to include said
Justice in the succeeding raffle of cases for raffle to him/her of such number and nature
of cases which should have been assigned to him/her were it noi for the aforesaid
notice.

(k.) A justice shall "be excluded from the raffle of cases three (3) months
before his/herretirement. (Sec. 6(i), Rule 3, RIRCA [a])

SEC. 3. Consolidation of Cases. — When related cases are assigned to different

Justices, they shall be consolidated and assigned to one Justice-fa) Upon motion of a
party with notice to the other party/ies, or at the instance of the Justice to whom any uf
the related cases is assigned, upon notice to the patties, consolidation shall ensue when
the cases involve the same parties and/or related questions of fact and/or law.

(a) Upon motion of a party which notice to the other party/ies, or at the instance of
the Justice to whom any of the related cases is assigned, upon notice to the parties,
consolidation shall ensure when the cases involve the same parties and/or related
questions of facts and/or law.

(b) Consolidated cases shall pertain to the Justice -

(1) To whom the case with the lowest docket number is assigned, if they are of the
same kind;

(2) To whom the criminal case with the lowest docket number is assigned, if two or
more of the cases are criminal and the others are civil or special;

(3) To whom the criminal case is assigned and the others are civil or special; and

(4) To whom the civil case is assigned, or to whom the civil case with the lowest docket
number is assigned, if the cases involved are civil and special.

(c) In cases of consolidation involving petitions for writ of amparo and writ of
habeas data, the provisions of Sec. 23 of A.M. No. 07-9-12-SC and Sec. 21 of
A.M. Mo. 08-1-16-SC, respectively, shall apply.
(d) Notice of the consolidation and replacement shall be given to ttie Raffle Staff and
the Judicial Records Division. (Sec. 7, Rule 3, RIRCA[a])

SEC. 4. Replacement of Cases. —

(a) When cases pertaining to different Justices are consolidated, the Justice to whom
the consolidated cases have been assigned may transfer to the Justice from whom the
consolidated case was taken a case of his/her own in exchange for the re-assigned
case, which should as much as possible be of similar nature and status as the one
replaced. (Sec. 7, Rule 3 RIRCA [a])

(b) If a ponente voluntarily inhibits himself/herself or is disqualified, the Justice to

whom the case is re-raffled may transfer to ttie former a case of similar nature and
status, (n)

(c) A case in which any of the actions or proceedings mentioned in Sec. 2(d), Rule VI
hereof has been taken shall not be given as replacement, (n)

(d) If the replacement is acceptable, the .Justice to whom a replacement case is re-
assigned shall send the rollo thereof to the Raffle Staff which shail indicate on the
cover of the rolio that it is a replacement case, naming therein the Justice lo whom it
is reassigned, (n).

SEC. 5. Distribution of Cases Upon Assumption of a Newly Appointed or

Transferred Justice. — Upon assumption of a Newly Appointed or Transferrad Justice.
- Upon assumption of a newly appointed or transferred Justice, he/she shall lie
assigned, as his/her initial caseload, all cases at whatever stage left by a Justice who
retired, was transferred, was promoted or otherwise ceased to be a member of the
Court, provided that the Presiding Justice shall have the discretion to make adjustments
as may be necessary in the interest of the service.

SEC. 6. Disposition of Pending Cases When a Justice Cases to be a Member of

the Court. —

When a Justice retires, is transferred, promoted or otherwise ceases to be a member of

the Couit, he/she shall submit to the Presiding Justice within thirty (30) days, a
complete inventory of his/herpending cases, copy furnished the Clerk of Court, the
Judicial Records Division and the Raffle Staff. Within the same period, the records of
said cases shall be forwarded to the Judicial Records Division, (n)

RULE IV
PROCESSING OF CASES AND ACTION ON INTERLOCUTORY MATTERS

SEC. 1. Procedure in the Disposition of Pleadings, Motions and Other Papers. —

Within two (2) working days, all pleadings, motions and other papers filed with the
respective docket sections of tiie Judicial Records Division shall be entered in the docket
book, stitched to the roih of the case, paged consecutively and then forwarded to the
Division Cieik of Court concerned.
If the Division Clerk of Court has no authority to act on such pleadings, motions and
other papers, he/she shall prepare the agenda and submit the same to the Division,
thru the Justice concerned, within three (3) working days from receipt in his/her office
of the rotlo, together with the pleadings, motions or other papers.

The Division Clerk of Court shall state in the agenda, with page references, the
antecedents of the case which are necessary for an understanding thereof, a synopsis
nf [he motion or incident and the opposition thereto, if any, the issues involved
and his/her remarks or recommendations. (Sec. 12, Rule 3, RIRCA[a])

SEC. 2. Action by the Presiding Justice or Executive Justice. — When a petition

involves an urgent matter, such as an application for writ of habeas
corpus, amparo or habeas data or for temporary restraining order, and there is no
way of convening the Raffle Committee or calling any of its members, the Presiding
Justice or the Executive Justice, as the case may be, or in his/her absence, the most
senior Justice present, may conduct the raffle ' or act on the petition, subject to
raffle in the latter case on the next working day in accordance with Rule III heieof.
(n)

(AMLA cases are limited to the first three most senior Justices as stated In the
law and are raffled by the Chairmen of the First, Second and Third Divisions to
the memheis of their Divisions only.) [n]

SEC. 3. Action by the Division Clerk of Court — (a) Unless advised to the contrary
by the Chairperson in consultation with the members of the Division, the Division Clerk
of Court shall, within three days from receipt of motions, pleadings, Judicial Records
Division reports and other communications by his/her office, without need of an
agenda, perform the following:

Require proof of receipt of copies of briefs, pleadings, motions and other papers by the
parties;

Require the parties to submit the required number of copies of their pleadings and/or
legible copies of the assailed decision or resolution;

Note the format entry of appearance of counsel;

Note the substitution of counsel, provided it is accompanied by the written conformity

of the client, If there is no such written conformity, require the counsel to submit the
same;

Note the substitution of counsel, provided it is accompanied by the written conformity

of the client. Ifthere is no such written conformity, require ithe counsel to submit the
same;

In case of unsigned transcripts of stenographic notes, require the stenographic

reporter concernedto sign the same in the Court, if he/she is within Metro Manila,
Metio Cebu or Cagayan de Oro City, as the case may be, or, if he/she is outside
those areas, to furnish the stenographic reporter concerned with a copy of the
unsigned transcripts with a directive to submit a certification attesting fo the
authenticity and correctness of said unsigned transcripts within five (5) days from
notice.

Send letter-tracers to the postmaster concerned for the submission of the official date
of receipt of decision and resolutions by the parties;

Note the compliances of stenographic reporters, branch clerks of court :and

postmasters;

Send copies of decisions and resolutions directly to the parties in lease the same, which
were originally addressed to their counsel, have been returned with the postal notation:
"Deceased" or other words of similar import, and

Cause personal sen/ice of temporary restraining orders and writs of preliminary

injunction on counsel and parties, if within Metro Manila, Metro Cebu or Cagayan de Oro
City, as the case may be, or if outside those areas iby telegram, to be followed by
either special registered speed mail or airmail. (Sec. 8, Rule 3, RIRCA[a])

Actions taken by the Division Clerk of Court without need of an agendum or

witliout prior consent of Kid Division shall be reported to the justice to whom
the case is assigned for appropriate action.

(b) Within five (5) days after having verified the finality of a decision or resolution, the
Division Clerk of Court shall report such fact in writing to the Division, after which the
Division shall direct the issuance of the entry of judgment by minute resolution. Said
entry shall be effected within three (3) working days from promulgation of the
resolution.

SEC. 4. Processing of Ordinary Appeals. —

(a) In Civil Cases.

(1) Upon receipt of the original record, whether by personal delivery or by mail, the
Civil Cases Section of the Judicial Records Division shall immediately:

(1.1) Check proof of payment of the full amount of the appellate court docket and other
lawful fees and deposits for costs to the clerk of court of the court which rendered the
appealed judgment or order;

(1.2) Check if all the documents and papers required under the Rules of Court have
been transmitted, prepare the corresponding rollo, docket the case and assign the
corresponding CA-G. R. CV number;

(1.3) Submit the case to the raffle staff for inclusion in the list of cases for raffle;

(1.4) After the raffle, report to the Division Clark of Court concerned the lacking
portions of the records for appropriate action, if the records transmitted are incomplete;
(1.5)Write the branch clerk of the court which rendered the appealed judgment or
order, copy furnished the appellant, if the incomplete record is received by mail without
explanation for its incompleteness, for him/her to get the records personally from the
Cow t or submit the missing parts of the records; and

(1.6) Within ten (10) days from completion of the records, issue a notice to file
appellant's brief within forty-five (45) days from receipt thereof, the notice shall require
that a certified true copy of liie appealed decision or order be appended to the brief.
(Sec. 2, Rule 4, R1RCA [a])

(2) If the records are being transmitted personally, the Civil Cases Section shall
immediately examine the same in the presence of the filerand, if incomplete, issue a list
of the missing poitions. [n]

(3) If the transcript of stenographic notes aie incomplete, the Civil Cases Section shall
send a notice to the stenographic reporter concerned to submit the missing transcripts
within thirty (30) days from notice. A notice shall also be issued to the appellant's
counsel with a warning that failure on his/her pail to lake the necessary steps to
complete the transcripts within thirty (30) days from notice may lesult in the dismissal
of the appeal, (Sec. 2. Rule 4, RIRCA[a])

(4) Issuance of Notices. All notices mentioned in this Rule shallbe issued in the name
of the Clerk of Court by the Chief, Judicial Records Division or by the Division Clerk of
Court. (Sec. 3, Rule 4, RIRCA)

(5) When Case Deemed Submitted. After the briefs have been filed or the period for
their filing has expired, the Judicial Records Division shall immediately forward the folio
to the Division Clerk of Court with a certification that the records of the case are
complete. The Division Clerk of Court shall then report to the Division lhat the case may
be deemed submitted for decision, (n)

(b) In Criminal Cases.

The original records of criminal cases shall be processed by the Criminal Cases Section
in accordance with this Section insofar as applicable, and assigned a corresponding CA-
G.U. CR number. (Sec. 2, Rule 5, RIRCA[a])

(1) Docket and Other Lawful Fees and Deposit for Costs. No payment of docket
and other lawful fees, and deposit for costs shall be required in criminal cases except in
petitions fur review of criminal cases and appeals from confiscation or forfeiture of bail
bonds. (Sec. 3, Rule 5, RIRCA [a])

(2) Appeals from Confiscation of Bond. Appeals from orders of confiscation or

forfeiture of bail bonds shall be treated as appeals in civil cases. The green-colored rollo
cover for civil cases shall be used over the cream-colored cover for criminal cases. The
case shall be re-captioned "Republic of the Philippines, plaintiff-appellee, versus (the
name of the bondsman/surety), defendant-appellant". (Sec. f, Rule 5, RIRCA)
(3) Appeals from Contempt of Court Appeals from orders finding a person in indirect
contempt of couil si sail be treated as appeals in criminal cases, [n]

SEC. 5. Processing of Petitions for Review and Original Actions. —

(a) The petition shall be accompanied by an amount sufficient to cover payment of the
prescribed docket and other lawful fees and deposit for costs, unless the petitioner is
exempt from such payment and deposit. {Sec, 1, Rule 6, RIRCA[a])

(b) Upon filing of the petition and payment of the docket and other lawful fees as well
as deposit for costs, the Special Cases Section shall immediately:

(1) Check if all the pleadings and documents required under the Rules of Court
are attached to the petition, prepare the rollo, record the same in the docket book
for special cases and assign the corresponding CA-G.R. SP number or UDK-SP number;

(2) Make a notation of tiie payment or non-payment of the docket and other lawful
fees and deposit for costs or the insufficiency thereof on the first page of the rollo;

(3) Forward the rollo to the Raffle Staff for assignment to a justice for appropriate
action;

(c) Certiorari, Prohibition, Mandamus and Quo Warranto. — The provisions of

Rule 46, as far as applicable and, Rules 65 and 66 of the Rules of Court shall govern
pelitions for certioiari, prohibition and mandamus and petitions for quo warranto,
respectively, (n)

(d) Habeas corpus. — The provisions of Rule 102 of the Rules of Court shall
govern pelitions for habeas corpus, (n)

(e) Amparo. — The provisions of A.M. No. 07-9-12-SC shall govern petitions for
writ of amparo.

(f) Habeas Data. — The prov isions of A. M. No. 08-1-16-SC shall govern
petitions for writ of habeas data.

(g) Anti-Money Laundering. — The provisions of A.M. No. 05- 11-04-SC shall
govern anti-money laundering cases.

(h) Special Cases on Appeal. - The original records of special cases on appeal
shall he processed by the Special Cases Section in accordance with Sec. 4 of
this Rule, insofar as the procedure for the processing of ordinary civil cases
are applicable, and assigned a CA-G.R. SP number.

RULEV
INHIBITION OF JUSTICES

SEC. 1. Mandatory Inhibition of Justices. — When a Justice is disqualified under

any of the grounds enumerated in the first paragraph of Sec. 1, Rule 137 of the Rules
of Court and in Rule 3.12 of the Code of Judicial Conduct, he/she shall immediately
notify the Raffle Committee and the members of his/her Division, (n)

SEC. 2. Voluntaiy Inhibition of a Justice —An inhibition of a Justice, whether

mandatory or voluntary, must be made within ten (10) working days
from his/her discovery of a just and valid reason to inhibit.

Copies of the action of the Justice shall be furnished to the other members of
the Division, the Presiding Justice, the Raffle Committee and the Division Clerk
of Court. (n)

SEC. 3. Motion to Inhibit a Division or a Justice. — A motion for Inhibition must be

in writing and under oath and shall state the grounds therefor.

A motion for inhibition of a Division or a Justice must be acted upon by the

Division or the Justice concerned, as the case may be, within ten (10) working
days from its/his/her receipt thereof except when there is an application for a
temporary restraining order, in which case, the motion must be acted upon
immediately.

No motion for inhibition of a Justice or a Division will be granted after a

decision on the merits or substance of the case has been rendered or issued by
any Division except for a valid or just reason, e.g. allegation of corrupt
motives. [Pursuant to AM No. 02-6-13-CA dated June 19, 2007 of the Supreme
Court] (n)

One who files a motion for inhibition without basis and manifestly for delay
may be cited in contempt of court. A lawyer who assists in the filing of such
baseless and dilatory motion may be referred by the Justice concerned or by
the Court motu proprio to the Supreme Court for appropriate disciplinary
action.

SEC. 4. Action on Inhibition. — The action on the inhibition shall be attached to the
rollo and paged.

SEC. 5. Right of Replacement. — When a Justice inhibits himself/herself from a

case, Ihe Justice to whom it is raffled may replace it with another case of similar nature
and status, subject to Sec. 4 (c), Rule ill. (n)

RULE VI
PROCESS OF ADJUDICATION

SEC. 1. Justice to whom a Case is Assigned. — Every case assigned to a Justice,

whether appealed or original, shall be retained by him/her even if he/she is transferred
to another Division in the same station (Sec. 2, Rule 8, RIRCA [a]). Adjudication of
cases shall be made by the Justice to whom the case is assigned and the
members of his/ her Division except as provided hereunder.
Members shall have five (5) working days from receipt of the draft report to
make their concurrence or dissent, (n)

SEC. 2. Justices Who May Participate in the Adjudication of Cases. — In the

determination of the two other Justices who shall participate in the adjudication of
cases, the following shall be observed:

(a) The case shall be the subject of consultation among the members of the Division;

(b) If the Justice to whom the case is assigned is disqualified, his/her replacement
shall be chosen by raffle from among the Justices in the same station;

(c) If one or both of the other members of the Division is/are on leave of absence,
disqualified, transferred or no longer member/s of the Court, his/her/their
replacement shall be chosen by raffle from among the Justices in the same station. The
Division shall be called Special (No.) Division;

(d) When, in an original action or petition for review, any of the following proceedings
has been taken, namely: (i) giving due course; (ii) granting temporary restraining
order, writ of preliminary injunction, or new trial; (iii) granting an application
for writ of habeas corpus, amparo or habeas data; (iv) granting an application
for a freeze order; and (v) granting judicial authorization under the Human
Security Act of 2007, the case shall remain with the Justice to whom the case is
assigned and the Justices who participated therein, regardless of their transfer to other
Divisions in the same station. The case may not be unloaded by the ponenta to
complete the case assignments of a Justice who is newly- appointed or
transferred from another station of the Court.

(e) However, if only one member of the Division who participated in any of the
proceedings mentioned in subparagraph (d) hereof remains, the Raffle Committee
shall automatically assign the case to him/her;

However, if all the members of said Division have ceased to be members of

the Court or have transferred to other stations, the Judicial Records Division shall make
a request to the Raffle Committee for a new ponente; and (n)

(f) Where the composition of a Division which decided a case has changed, the Division
which shall subsequently act on the case shall be called the Former (No.) Division. (Sec.
2, Rule 8, RIRCA [a])

(g) When the issuance of a warrant of arrest has been authorized by the
Division, the same shall be signed by the concerned Division Clerk of Court,
(n)

SEC. 3. Power of the Court to Receive Evidence. — The Court may receive
evidence in the following cases:

(a) In actions falling within its original jurisdiction, such as: (1) certiorari, prohibition
and mandamus, (2) annulment of judgment or final order; (3) quo warranto; (4)
habeas corpus; (5) amparo, (6) habeas data, (7) anti-money laundering and (8)
application for judicial authorization under the Human Security Act of 2007.

(b) In appeals in civil cases where the Court grants a new trial on the ground of newly
discovered evidence, pursuant to Sec. 3, Rule 53 of the Rules of Court;

(c) In appeals in criminal cases where the Court grants a new trial on the ground of
newly discovered evidence, pursuant to Sec. 12, Rule 124 of the Rules of Court; and In
appeals involving claims for damages arising from provisional remedies.

SEC. 4. Hearing on Preliminary Injunction. — The requirement of a hearing on an

application for preliminary injunction is satisfied with tine issuance by the Court of a
resolution served upon the party sought to be enjoined requiring him/ her to comment
on said application within a period of not more than ten (10) days from notice. Said
party may attach documents to his/her comment which may show why the
application for preliminary ii junction should be denied. The Court may require the party
seeking the injunctive relief to file a reply to the comment wilhin five (5) days from
receipt of the latter.

If the party sought to be enjoined fails to file his/her comment as provided for in the
preceding paragraph, the Court may resolve the application on the basis of the petition
and its annexes.

The preceding paragraphs, riotvyjthstending, the, Court may, in its sound discretion,
set the application for preliminary injunction for hearing, during which the parties may
present their respective positions or submit evidence in support thereof, (n)

SEC. 5. Action by a Justice. — All members of the Division shall act upon an
application for temporary restraining order and preliminary injunction. However, if the
matter is of extreme urgency and a Justice is absent, the two other justices shall act
upon the application. If only the ponante is present, then he/she shall aci alone upon
the application, the action of the two Justices or of the ponente shall, however, be
submitted on the next working day to the absent member or members of the Division
for ratification, modification or recall.

SEC. 6. Judicial Action on Certain Petitions. — (a) Before requiring comment on

or giving due course to, a petition for review or after the receipt of the
respondent's comment on, or answer to, the petition, or if no comment or answer is
filed within the period to file it, the Court may dismiss the petition if it finds the same to
be patently without merit or prosecuted manifestly for delay or the questions raised
therein are too unsubstantial to require consideration.

Before the petition for review is given due course, the Court may require the court a
quo or quasi-judicial agency to either elevate the original records of the case or
supply it with copies of pleadings and documents which it needs in acting upon the
petition at that stage of the proceedings.

If the petition is given due course, the Court may either (i) require the court a quo
or quasi-judicial agency to elevate the records of the case, (ii) set the case for
oral argument, (iii) require the parties to submit their memoranda or (iv) consider the
case submitted for decision. After the oral argument or upon submission of the
memoranda or expiration of the time to file the same, the case shall be deemed
submitted for decision.

(b) In petitions for certiorari, prohibition and mandamus, the provisions of Rule 65, in
relation to Rule 46, of the Rules of Court shall apply.

SEC. 7. The Justices Who Shall Act on Motions for Reconsideration. —

(a) If during the completion-of-record stage, there is no unanimous concurrence of the

members of the Division on the resolution disposing of an interlocutory matter and a
Division of Five is constituted, the latter shall act on said matter only up to the
resolution of the motion for reconsideration of said interlocutory order. The adjudication
on tiie merits of the case shall be made by the current members of the Division of the
Justice to whom the case is assigned, (n)

(b) A motion for reconsideration of a decision or final resolution shall be acted upon by
the ponente and the other members of the Division, whether of Three or Five and
whether regular or acting, who participated in the rendition of said decision or final
resolution, regardless of whether such members are already in other Divisions at the
time the motion for reconsideration is filed or acted upon, provided that they are still in
the same station, otherwise, Sec. 2, Rule VI shall apply, (n)

(c) If the ponente has ceased to be a member of the Court or has

inhibited himself/herself from acting on the abovementioned motion
for reconsideration or has transferred to another station, he/she shall be replaced by
another Justice who shall be chosen by raffle from among the remaining members
of his/her Division in the same station, whether regular or acting, who participated in
the rendition of the decision or finalresolution, and the resulting vacancy therein shall
be filled by raffle from among the other Justices in the same station.

If only one member of the Division, whether regular or acting, who participated in the
rendition of the decision or final resolution, remains, the motion for
reconsideration shall be sent to him/her by the Raffle Committee and he/she shall
act thereon with the participation of the other members of his/herDivision, (n)

(d) If the ponente and all the members of the Division, whether regular or acting, who
rendered the decision or final resolution have ceased to be members of the Court or
are no longer in the same station, the case shall be raffled to any Justice in the same
station and the motion for reconsideration shall be acted upon by him/her with the
participation of the other members of his/her Division, (n)

SEC. 8. Priorities in Adjudication of Cases. — Subject to existing laws and as far as

practicable, cases shall be adjudicated in accordance with the following priorities:

(a) In Civil Cases.

(!) Those where temporary restraining orders, writs of preliminary injunction or
execution pending appeal or other auxiliary writs were issued;

(2) Those involving a prejudicial question; and

(3) The oldest cases submitted for decision.

(b) In Criminal Cases.

(1) Those where the accused is detained;

(2) Those where the Solicitor General recommends the acquittal of the accused; and

(3) The oldest cases submitted for decision.

(c) In Original Actions and Petitions for Review.—

(1) Habeas corpus cases;

(2) Anti money-laundering cases;

(3) Amparo cases;

(4) Habeas data cases;

(5) Agrarian cases;

(6) Original petitions where injunctive relief has been granted; and

(7) Petitions for review which have been pending in the Court for a long time. (Sec. 3,
Rule 8, RIRCA [a])

SEC. 9. Study, Report and Deliberation on the Case. —

The Justice to whom the case is assigned shall submit a written report thereon to the
other members of his/her Division for consuliation. The Chairperson of the Division
shall include the case in an agenda for a meeting of the Division for its deliberation, if
the other members agree with the report after such deliberation, the Division shall
choose the ponente who shall write the decision for signature and immediate
promulgation. Minutes of the meeting shall be kept. (Sec. 4, Rule 8, RIRCA [a])

Every decision shall be accompanied by the minutes of consultation and

deliberation duly accomplished and signed by all the members of the Division
in the following form:

"Minutes of Consultation and Deliberation in (Docket No.), entitled (Title of

Case)"
I. Comments on the Draft Report prepared by Justice (to whom the case was
raffled).

Name of Justice Agree Dissent Others

_________________ _________________

_________________ _________________

II. After consultation/deliberation, the Division agreed to assign this case to

Justice (name of Justice) for the writing of the opinion of the Court:

Name of Justice Agree Dissent

_________________

_________________
Name of Justice Name of Justice
Chairperson Senior Member
Name of Justice
Junior Member
(n)

SEC. 10. Procedure in Case of Dissent— When the unanimous vote of the members
of the Division cannot be attained, the following shall be observed:

(a) Within five (5) working days from the date ofdeliberation, the Chairperson
of the Division shall refer the case in writing, together with the ro//o, to the
Raffie Committee which shall designate two (2) Justices by raffle from among
the Justices in the same station to sit temporarily with the three members,
forming a Special Division of Five.

A written dissenting opinion shall be submitted by a Justice to

the ponente and the other members of the Special Division of Five within ten
(10) working days from his/her receipt of the records, (n)

If no written dissenting opinion is submitted within the period above-stated,

with no additional period being agreed upon by the majority of said, Division,
that Special Division shall be automatically abafished and'the" case "shall
revert'to the regular Division as if no dissent has been made (n).

(b) The Special Division of Five shall retain the case until its final disposition regardless
of reorganization, provided that all the members thereof remain in the same station.
(Sec. 4, Rule 8, RIRCA [a])

(c) After a member of the Division, whether regular or acting, has

expressed his/herdissent in writing and the Special Division of Five is
constituted, that Special Division shall retain the case until its final disposition
despite changes in membership of the Division to which the ponante has been
assigned caused by reorganization or other causes, provided that the members
of the Special Division remain in the same station. (Supreme Court Resolution
dated May 25, 1993).

An acting member who has expressed his/her dissent in writing shall continue
to be a member of the Division of the ponente in such capacity until the final
disposition of the case, regardless of I reorganization which results in the
transfer of either the ponente or the acting member to the other divisions,
provided the two remain in the same station.

(d) The concurrence of a majority shall be necessary for the pronouncement of a

decision or resolution of the Special Division of Five. The most senior among the five
members shall be the Chairperson.

(e) After due consultation, the members of the Special Division of Five, whose opinions
constitute the majority, shall choose from among them the ponente.

(f) Any member of the Special Division of Five may write a separate concurring or
dissenting opinion which, together with the majority opinion, shall be promulgated and
attached to the rollo. (n)

(g) if the consultation in the Special Division of Five results in a unanimous

concurrence, all its members shall sign the decision or resolution.

SEC. 11. Certification. - Every decision shall be accompanied by a certification signed

by the Chairperson or the most senior member as the Acting Chairperson of the
Division in the following form:

"CERTIFICATION"

Pursuant to Article VIII, Section 13 of the Constitution, it is hereby certified that the
conclusions in the above decision were reached in consultation before the case was
assigned to the writer of the opinion of the Court." (Sec. 5, Rule 8, RIRCA [a])

SEC. 12. Resolutions. — Any disposition other than on the merits shall be embodied
in a resolution. (Sec. 6, Rule 8, RIRCA) Any action modifying or reversing a decision of
the Division shall be denominated as "Amended Decision", (n)

SEC. 13. Promulgation of Decisions and Resolutions. — Promulgation of decisions

and resolutions shall be the direct responsibility of the Division Clerk of Court.

(a) Promulgation is made by filling the decision or resolution with the Division Clerk of
Court who shall fortwith annotate the date and time thereof and attest to it
by his/her signature thereon.

(b) The Division Clerk of Court shall record in the Promulgation Book the docket
number, title of the case, ponente and other members, nature of the document
(whether decision or resolution) and the action taken by the Division. The Promulgation
Book shall be under his/her care and custody.

(c) Within one working day from promulgation of a decision or resolution, the Division
Clerk of Court shall send notices and copies thereof in sealed envelopes to the parties
through their counsel, either personally or by registered mail. However, a judgment of
acquittal of an accused who is detained shall, whenever practicable, be served
personally on the Director of Prisons or whoever has official custody of said accused.

(d) immediately after promulgation of a decision or resolution, the Division Cierk of

Court shall forward the original and two copies thereof to the Court Reporter and a copy
each to the Information and Statistical Data Division and the Judicial Records Division,
the latter to forward the same copy to the Archives Section. (Sec. 8, Rule 8, RIRCA[a])

A case remanded by the Supreme Court to theCourt of Appeals for further proceedings
shall go back to the justice to whom the case has been assigned. If such justice is no
longer a member of the same station or of the Court, the case shall be raffled
stationwide.

SEC. 14. Number of Copies and Distribution. — Decisions and resolutions of the
Court shall be distributed as follows: (a) original plus two copies to the Court Reporter;
(b) one copy to be attached to the rollo; (c) one copy to the ponente; (d) one copy to
the Information & Statistical Data Division; and (e) one copy to the Judicial Records
Division. In addition, sufficient copies.

SEC. 2. Statiwn and Place afriiolding Sessions. —

(a) The Court shall have its permanent stations as follows: the first seventeen (17}
Divisions shall be in the City of Manila for cases coming from the National Capital
Judicial Region and the First, Second, Third, Fourth and Fifth Judicial Regions; the
eighteenth, nineteenth and twentieth Divisions shall be in Cebu City for cases coming
from the Sixth, Seventh and Eighth Judicial Regions; and the twenty-first, twenty-
second and twenty-third Divisions shall be in Cagayan de Oro City for cases coming
from the Ninth, Tenlft, Eleventh and Twelfth Judicial Regions.

(b) The members of the Court in each station are classified according to the
order of their seniority.

In the City of Manila, the first seventeen most senior members, including the
Presiding Justice, shall be Chairpersons of the seventeen Divisions in
consecutive numerical sequence. The next seventeen members shall be senior
members of the Divisions, while the rest shall be junior members, (n).

The first three most senior members in each station in Cebu and Cagayan de
Oro including the Executive Justice, shall be Chairpersons of the three
Divisions therein in consecutive numerical sequence. The next three members
shah be senior members of the Divisions, while the rest shall be junior
members, (n).
(c) Whenever demanded by public interest or wheneverjustified by an increase in case
load, the Supreme Court, upon recommendation of the Presiding Justice, may authorize
any Division of the Court to hoid sessions periodically or for such periods and at such
places as the Supreme Court may determine for the purpose of hearing and deciding
cases. {Sec. 3, R.A. No. 8246}

(d) An en Banc session may be conducted using the facilities of

teleconferencing, (n)

SEC. 3. Exercise of Powers and Functions. — The Court of Appeals shall exercise its
adjudicative powers, (unctions and duties through its Divisions, it sits en Banc in the
exercise of administrative, ceremonial and non-adjudicative functions. (Sec. 1, Rule 2.
RIRCA[a])

A Division of the Court shall be presided by the Chairperson or, in his/her absence, by
the senior member thereof. If the substitute member is the most senior, he/she shall
be the Acting Chairperson. (Sec. 6, Rule 1,RIRCA[a])

SEC. 4. Court En Banc. — The Court en Banc shall be presided by the Presiding
Justice or, in his/herabsence, by the most senior Justice in attendance. A majority of
the members of the Court shall constitute a quorum for its session en Banc. (Sec. 11,
B.P. 129) The affirmative vote of a majority of those in attendance and who are
participating shall be necessary to approve any matter submitted for its consideration.
(Sees. 3 and 4, Rule 1, RIRCA[a])

Members of the Court present in the teleconferencing /video shall be counted

for the purpose of determining the existence of a quorum and the vote
required for approval of any matter.

The Presiding Justice shall have control and supervision over the administrative affairs
of the Court. In the case of the Divisions of the Court stationed in the cities of Cebu and
Cagayan de Oro, the Presiding Justice may delegate such administrative functions as
he/she may deem necessary to the Executive Justice in each station, who shall be
designated by the Supreme Court from among the recommendees of the Presiding
Justice on the basis of, among other things, administrative qualifications, experience,
abiiity, probity and seniority in the station. Unless restricted by the Presiding Justice,
the powers of the Executive Justice shall include the designation of acting members to
fill up absences, approval of applications for leave of absence, authority for special
raffle, temporary detail of Court personnel within the station, signing of vouchers and
such other acts as may be necessary for the day-to-day operations of the Court in each
station. (Per en banc Resolution dated 13 July 2004 in A.M. N. 03-05-03-SC) (n)

In consultation with the Committee on Rules, the Presiding Justice shall

resolve all disputes, grievances and complaints in the application and
interpretation of these Rules. The decision of the Presiding Justice shall be
final and binding, (n)

SEC. 5. Matters Cognizable by the Court En Banc. -The Court en banc shall, inter
alia:
(a} Promulgate rules relative to the organization or reorganization of the Divisions,
assignment of the Justices, distribution of cases and other matters concerning the
operation and management of the Court and its Divisions;

(b) Act on administrative matters, including regrouping, merger or abolition of existing

offices, units or services, creation of new ones, or , transfer of functions of one office,
unit or service to another as the exigencies : of the service may require;

{c) Adopt uniform administrative measures, procedures and policies for the protection
and preservation of the integrity of the judicial processes, the speedy disposition of
cases and the promotion of efficiency of the personnel;

(d) Discuss and thresh out divergent views on a particular question of law so as to
reach a consensus thereon or minimize, if nof eliminate, conflict in decisions and
resolutions of iUe different Divisions on the interpretation and application of a provision
of law;

(e) Take up other administrative matters which the Presiding Jusiice or any member
may submit for consideration and inclusion in its agenda:

(f) Recommend to the Supreme Court Ihe appointment of the Clerk of Court, Assistant
Clerk of Court, Court Reporter and Division Clerks of Court; and

(g) Receive foreign and local dignitaries, important guests and visitors, honor a
colleague or retiring member of the Court and former members who die after
retirement and hold necrologies! services for its members who die in office (Sec. 2,
Rule 2, RIRCA). (a)

Sec. 6. Filling of Vacancy Due to Absence or Temporary Incapacity. —

(a) In the absence or temporary incapacity of the Presiding Justice, the most
senior Associate Justice shall act as Presiding Justice until the regular
Presiding Justice returns and reassumes his/her office or his/her incapacity is
removed; (n)

(b) In the absence or temporary incapacity of the Chairperson of a Division,

he/she shalf be substituted as acting Chairperson, on the basis of seniority, by
either the regular senior member of that Division or a senior member chosen
by raffle from any of the other Divisions in the same station; the other senior
member shall be the acting or regular senior member, as the case may be; (n)

(c) In the absence or temporary incapacity of a senior member of a Division,

he/she shall be substituted as acting senior member, on the basis of seniority,
by either the regular junior member of that Division or a junior member
chosen by raffle from any of the other Divisions in the same station; the other
junior member shall be the acting or regular junior member, as the case may
be; (nj
(d) In the absence or temporary incapacity of the junior member of a Division,
he/she shall be substituted as acting junior member by another junior
member chosen by raffle from any of the other Divisions in the same station,
(n)

In paragraphs (b), (c) and (d), the acting member shall act as Chairperson,
senior member or junior member of the Division concerned, as the case may
be, until the regular member reassumes his/her office or his/her incapacity is
removed. The acting member so designated shall continue as regular member
of his/her Division, (n)

If none in either the Cebu City or Cagayan de Oro station is available for the
rank to be filled in an acting capacity, the raffle shalf include those in other
ranks, (n)

Where a Special Division is constituted, the seniority rule shall be observed,

(n)

When a Justice participates in a case in an acting capacity on a matter other

than the adjudication thereof, the same must appear in the corresponding
resolution. When a justice participates in the hearing of a case in such
capacity, the same must be announced by the Chairperson in open court
before the start of the hearing, (n)

SEC. 7. Standing Committees. - There shall be standing committees, each of which

shall be composed of a Chairperson and at least two (2) members, all of whom shall
be appointed by the Presiding Justice wilh the concurrence of the majority of the
members of the Court. They shall serve for a term of two (2) years. (a)

The Presiding Justice may create additional committees and appoint members
thereto subject to ratification by the members of the Court, (n)

The standing committees which shall assist the Court on various matters are the
following:

(a) Committee on Ethics and Special Concerns. - On matters involving ethics and
discipiine of its judicial officers from Division Chiefs and higher and employees. The
Committee's tasks include the following: (1) identify and address problem areas in the
performance of duties of the Court to ensure honest, effective, efficient and speedy
administration of justice; (2) prepare and submit to the Presiding Justice
recommendations and suggestions to solve the problems earlier mentioned; ( 3) review
and submit-comments and recommendations on reports of investigating officers on
administrative complaints "against officers and employees of the Court; (4) formulate
and recommend policies and administrative procedures on the discipline of Court
personnel; and (5) perform other tasks or duties as may be assigned to it by the
Presiding Justice or the Court, (a)

A verified complaint filed against a member, official or employee of the Court

shall be referred to the Committee on Ethics and Special form and substance.
If so finds, sadi Committee shall endorse the complaint to the Presiding
Justice the transmittal to the Supreme Court for proper action. (n)

(b) Committee on Personnel.- On matters involving personnel, such as recruitment,

appointment, monitoring of leaves of absence, training, change of organizational
structure, creation of positions, discipline, retirement and termination of services.

(c) Committee on Budget and Finance.- On matters involving the (1) preparation of
annual budget, (2) allotment of funds, (3) accounting and (4) all financial transactions,
(a)

(d) Committee on Security.- On matters involving the (1) formulation of security

policies, and (2) enforcement and implementation of security measures, such as
wearing of ID. cards, control of visitors, etc. (a)

(e) Committee on Records Management and Information Service.- On matters involving

the management of records, information and statistical data.

(f) Committee on Employees Welfare and Benefits.- On matters involving the (1)
creation and maintenance of medical and dental services, (2) establishment and
operation of a health and welfare plan and providant fund, (3) establishment and
supervision of canteen for Justices, officials and employees, and (4) maintenance of
equipment and facilities for employees, (a)

(g) Committee on Legal and Research Services. - On matters involving the operations
of the Office of the Court Reporter and the Court Library, especially in the publication of
decisions and circulars of the Court, research on legal issues, acquisition of new books
and research tools and other related matters referred to it by the Court.

(h) Committee on Buildings and Grounds. - On matters involving the (1) the
construction, repair, improvement and maintenance of buildings and grounds, and (2)
installation of safety and necessary devices.

(j) Committee on Purchase and Acquisition of Court Facilities, Equipment and Supplies.-
On matters involving the purchase, acquisition, maintenance and disposal of vehicles,
office equipment, supplies, books, computers and furniture, and conducting required
biddings and awards.

(j) Committee on Rules. - On matters involving the amendment and revision of these
Rules, (a)

Upon request of the Presiding Justice, the Committee on Rule shall give an
option on the application and interpretation of these Rules. (n)

(k) Committee on Court of Appeals Journal. - On the matter of maintaining and

improving the Court of Appeals official journal.

{l) Committee on Public Information. - On matters involving the dissemination

of information concerning matters of public interest and release of official
statements on questions concerning the Court and official acts of Justices and
Court officials. It may perform other functions as may be assigned by the
Court en banc, (n)

The Chairperson of the Committee on Public Information shall be the official

spokeperson of the Court. He/She may delegate the dissemination of official
information to other members of the Committee and/or the Clerk of Court. (n)

No member, official or employee of the Court shall give a comment regarding

the merits of any case pending before it. (n)

(m) Committee on Foreign Travels. - On the matter of formulating guidelines and

determining, on the basis thereof, the Justices and other judicial officers of the Court
who are entitled or shall be given priority to travel abroad on official time or business
and to make the necessary recommendations thereon, (a)

(n) Committee on Baguio Cottages and Administrative Building. -On matters involving
the maintenance and improvement of the Court's Baguio Cottages, supervision of the
employees therein and operation of the Administrative Building in said City, (n)

(o) Committee on Computerization, Library and Modernization. -On matters

involving operation and maintainanceofthe Court of Appeals Case Management
Information System (CMiS), the management of the Court Library and the
setting up of an e-library section, and the automation/modernization of ail
other court processes handled by the other offices of the Court rendering
support services, (n)

SEC. 8. Jurisdiction and Manner of Exercise of Adjudicative Powers of the Court

by Divisions- - The Court shall have original and appellate jurisdiction as provided For
by law.

In the exercise and discharge of the adjudicative powers, functions and duties of the
Court. the Division shall hold constitutiions. (Sec. 3, Rule 2 RIRCA [a])

SEC. 9. Reorganization of Divisions —

(a) Reorganization of Divisions shall be effected whenever a permanent vacancy occurs

in the Chairpersonship of a Division, in which case, the assignment of Justices to the
Divisions shall follow the order of seniority.

(b) A Justice may state in writing his/her preference to be assigned in a

particular station. Mis/Her statement of preference shall be taken into
consideration by the Presiding Justice in effecting the reorganization of the
Divisions based on the order of seniority.

The statement of preference shall be effective untii withdrawn tn writing

before the reorganization. For this purpose, the statement of preference shall
be as follows:
 "STATEMENT OF PREFERENCE"

Except in cases of temporary assignment, I hereby express my preference to be

assigned in (station).

It is understood that this preference and my resulting assignment will not affect
my seniority iii the Court of Appeals.

It is further understood tiiat this statement of preference shall be effective until

revoked in writing.

_____________________________
Date
_____________________________
Associate Justice (n)

(c) In the exigencies of the service, the Presiding Justice may temporarily assign an
Associate Justice to any station or defer she reorganization of the Divisions. He may
also cause the temporary assignment of a Justice in one station to substitute
for another in some other station on official time or official business, (n)

(d) Except on a temporary basis and in the exigencies of the service, no

Justice may be reassigned to another station without his/ her consent. (n)

(e) Should appointments to the Court require the creation of a new Division or
Divisions, the most ranking senior members shall be
the Chairperson or Chairpersons of such new Division or Divisions, and the resulting
vacancies in the senior membership shall be filled by the most ranking junior members,
subject to the provisions of the preceding paragraph. The new appointees shall be
assigned to the resulting vacancies as junior members. (Sec. 5 [a], Rule 1, RIRCA)

(f) A permanent vacancy in the ranks of junior members shall be filled by the most
junior member as acting junior member of ttie Division where the vacancy exists
pending reorganization of the Divisions, in addition to his/her duties as regular
member of his/hercurrent Division. (Sec. 5, Rule 1, RIRCA [a|)

(g) When the members of a Division fail to reach a unanimous vote, its Chairperson
shall direct the Raffle Committee to designate by raffia two (2) additional members to
constitute a Special Division of Five. In the seiecfion of the additional members, the rule
on equal assignment shall be observed (Sec. 6, Rule 1. RIRCA [a])

SEC. 10. Other Court Officials and their Duties. —

(a) Clerk of Court. — The Clerk of Couit is the administrative officer of the
Court. He/Sheshall be under the direct supervision of the Presiding Justice and is
accountable to the Court. He/She shall take charge of the administrative supervision of
tne Court and exercise general or administrative supervision over subordinate officials
and employees, except the co-terminous staff. He/She shall assist the Piesiding Justice
in the formulation of programs and policies for consideration of the Court en banc(Sec.
11, Rule 1, RIRCA [a]).

ft shall also be the duty of the Clerk of Court to:

(1) Disseminate information concerning court activities of public interest and answer
questions concerning the Court and official actuations of Justices;

(2) Answer queries from litigants, counsel and interested parties pertaining to the
status of cases pending in the Court; and

(3) Perform other functions as may, from time to tiem, be assigned to him/her by the
Presiding Justice or the Court.

(b) Assistant Clerk of Court. — The Assistant Clerk of Court shall assist the Clerk of
Court in the performance of his/her duties and functions and perform such other
duties arid functions as may be assigned to him/her by the Presiding Justice or the
Clerk of Court. in case of vacancy in the position of the Clerk of Court, the Assistant
Clerk of Court shall act as Acting Clerk of Court unfil his/her successor shall have been
appointed and qualified; in case of absence or incapacity of ihe Clerk of Court, the
Assistant Clerk of Court shall perform the duties of the C\ei k of Court until the latter
reports for duty. (Sec. 11, Rule 1, RIRCA [a]) (3JJPerf6rni b'ther functions as''may,
from time to time, be assigned to him/her by the Presiding Justice or ihe Court.

(c) Division Clerks of Court. — Each Division shall be assisted by a staff composed of
a Division Clerk of Court (Executive Clerk of Court III), an Assistant Division Clerk of
Court and such personnel as the exigencies of the service may warrant, (a)

The Division Clerks of Court shall be under the direct control and supervision of
the Chairperson of the Division (Per en banc Resolution dated 13 July 2004 in A. M.
No. 03-06-03-SC) (a)

The Division Clerk of Court shall:

(1) Direct and supervise the staff of ihe Division; maintain the records of the
Division efficiently and orderly; keep track of the status and progress of cases
assigned to the Division; monitor pleadings, motions and papers filed with the
Receiving Section of the Judicial Records Division; update Ihe records of cases;
examine the records of cases to be acted upon by the Division, such as the payment of
docket and other legal fees, filing of briefs, memoranda and other papers within the
allowable periods; prepare the agenda for motions and other incidents
needing action by Ihe Division; issue minute resolutions, notices of decisions,
resolutions and hearings, summonses, subpoenas, writs and other processes under the
authority of the Division; attend the hearings of the Division, supervise the
stenographers in recording ihe proceedings and prepare Ihe minutes thereof; receive
the decisions and resolutions of the Division for immediate promulgation regardless of
the absence of any of the signatories thereof; and, upon order of the Division,
make entries of judgment, (a)
(2) Immediately report to the Justice concerned the failure of a party to comply with
the resolution or order of the Court within the prescribed period;

(3) Transmit the original and two (2) copies of the decision and resolution to the Court
Reporter within twenty- four (24) hours from promulgation; (Sec. 11, Rule 1,
RiRCA[a]);and

(4) Perform such other duties as may be assigned by the Division Chairperson.

If only one or two Justices are left after a decision is promulgated, it shall be the duty
of the Division Clerk of the former ponente to request ihe Raffle Committee for
substitution; but if no Juslice is left, the Chief of the Judicial Records Division shall
make the request for raffle.

(d) Court Reporter — The Court Reporter shall;

(1) Keep custody of the originals of the decisions and final resolutions, which shall not
be brought out of the Court premises without the written authority of the Presiding
Justice; cause the binding thereof in separate volumes; have supervision and control
over his/herstaff; and distribute to the Justices copies of decisions of first impression;

(2) Release certified copies of decisions and resolutions only upon written request,
payment of the proper fees and presentation of the corresponding receipt to the Court
Reportei;

(3) Publish in ihe Official Gazelle and the Court of Appeals Reports Annotated decisions
and final resolutions together with their syllabi in consultation with the ponentes;

(4) Prepare syllabi of decisions and final resolutions of the Court that have become
final and executory and distribute them to the members of the Court;

(5) Prepare and publish with each reported decision and finai 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, ttie authorities cited therein and
a syllabus which shall be confined to points of law; and

(6) Call the attention of the Presiding Justice to conflicting decisions, in which case the
Presiding Justice shall convoke the Divisions concerned to resolve the same. (Sec. 11,
Rule 1, RiRCA[a])

SEC. 11. Appointments and Resignation of Court Officials and Other

Employees. — Appointments of the Clerk of Court. Assistant Clerk of Court, Division
Clerks of Court and Court Reporter shall be recommended by the Court en banc to Ihe
Supreme Com I, Appoinfments of all other personnel shall be recommended by the
Piesiding Justice. Upon receipt of the Supreme Court resolution approving the
recommendation, shall be prepared for the counsel of the parties in the case. (Sec. 7,
Rule 8, RIRCA[a])
SEC. 15. Effect of Filing an Appeal in the Supreme Court. — No motion for
reconsideration or rehearing shali be acted upon if the movant has previously filed in
the Supreme Court a petition for review on certiorari or a motion for extension of time
to file such petition. If such petition or motion is subsequently filed, the motion for
reconsideration pending in this Court shall be deemed abandoned. (Sec. 8, Rule 9,
RIRCA)

RULE VII
ENTRY OF JUDGMENT AND REMAND OF CASES

SEC. 1. Entry of Judgment. — Unless a motion for reconsideration or new trial is filed
or an appeal taken to the Supreme Court, judgments and final resolutions of the Court
shall be entered upon expiration of fifteen (15) days from notice to the parties

(a) With respect to the criminal aspect, entry of judgment in criminal cases shall be
made immediately when the accused is acquitted or his/her withdrawal of appeal is
granted. However, if the motion withdrawing an appeal is signed by the appellant only,
the Court shall first take steps to ensure that She motion is made voluntarily,
intelligently and knowingly or may require his/her counsel to comment thereon.

When there are several accused in a case, some of whom, appealed and others did not,
entry or judgment shall be made only as to those who did not appeal. The same rule
shall apply where there are several accused in a case, some of whom withdrew their
appeal and others did not.

(b) Entry of judgment in civil cases shall be made immediately when an appeal is
withdrawn or when a decision based on a compromise agreement is rendered. (Sees. 1
and 7, Rule 11, RiRCA [a])

SEC. 2. Form. — Entry of judgment shall be made in the prescribed form, signed by
the Division Clerk of Court concerned, who shall certify under the seal of the Court the
date when the decision or final resolution was promulgated and the date il became final
and executory. (Sec. 3, Rule 11, RIRCA fa])

SEC. 3. Disposition of Copies. — Copies of the entry of judgment shall be furnished

the parties through their counsel by the Division Clerk of Court who shall then attach a
copy to the rollo and transmit the original, together with the rollo, to the Chief of the
Archives Section. The Chief of the Archives Section shall cause the entries of judgments
to be bound in chronological order and indexed.

In criminal cases where the accused is detained, the Director of Prisons, the Jail Warden
or whoever has custody of the accused shall be furnished a copy of the entry of
judgment. In land registration cases, a copy shall also be furnished the Land
Registration Authority. (Sec 4, Rule 11, RIRCA [a])

SEC. A. Allowance for Delay of Mail in Making Entries of Judgment. - In making entries
of judgment, the Division Clerk of Court shall determine the finality of the decision by
making allowance for delay of mail, computed from the last day of the period of appeal,
as follows: forty-five (45) days, if the addressee is from Mindanao, including Palawan;
thirty (30) days, if the addressee is from Visayas; twenty (20) days, if the addressee is
from Luzon, except Metro Manila; and fifteen (15) days, if the addressee is from Metro
Manila. (Sec. 6, Rule 11, RIRCA [a])

SEC. 5. Entry of Judgment and Final Resolution. — 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. 6. Transmittal of Records. — Within five (5) working days from receipt of the
rollo, the Chief of the Archives Section shall cause the remand of the original records to
the court or quasi-judicial agency of origin. (Sec. 8, Rule 11, RIRCA [a])

RULE VIII
MISCELLANEOUS PROVISIONS

SEC. 1. Erroneous Transmittal of Records. — if it clearly appears from the notice of

appeal that the appellant had directed his/her appeal to another court, but the lower
court erroneously transmitted the records of the case to the Court of Appeals, the
Judicial Records Division shall refer the case to the Presiding Justice or the Executive
Justice, as the case may be, for proper disposition. (Sec. 1, Rule 12, RIRCA)

SEC. 2. Case Received Without Docket and Other Legal Fees and Deposit for
Costs. — When an original petition is received by mail without docket and other lawful
fees and deposit for cost the Judicial Records Division shall assign to it an undocketed
special case number {UDK-SP) and submit said case to the Raffle Committee for raffle.

The Special Cases Section shall maintain a record book of undockeied special cases for
his/her purpose, (n)

SEC. 3. Cases Referred by the Supreme Court. — Cases filed and docketed in the
Supreme Court but subsequently referred by it to the Court of Appeals shall be entered
by the latter in the docket book and given the corresponding docket number. (Sec. 3,
Rule 12, RIRCA [a])

SEC. 4. Docket and Other Legal Fees for Multiple Appellants. — If two or more
parties in a case file separate notices of appeal, each shall pay the full amount of the
docket and other lawful fees and deposit for costs. (Sec. 4, Rule 12, RIRCA [a])

SEC. 5. Docket Fees and Docket Number for Consolidated Cases. — (a) In an
appeal from the Regional Trial Court involving two (2) or more cases, which were tried
and decided jointly, only one docket and other lawful fees and deposit for costs shall be
paid by the appellants to (he Clerk of Court of the Regional Trial Court, except when
separate notices of appeal were filed by them. The multiple appeals shall be assigned
only one docket number.
(b) In an original petition involving two or more consolidated cases, only one docket
and other lawful fees and deposit for costs shall be paid by the petitioners. (Sec. 5,
Rule 12, RIRCA [a])

SEC. 6. Payment of Docket and Other Lawful Fees and Deposit for Costs. —
Payment of docket and other lawful fees and deposit for costs may be made in cash,
postal money order, certified checks or manager's or cashier's checks payable to the
Court. Personal checks shall be returned to the payor. (Sec. 6, Rule 12, RIRCA fa])

SEC. 7. Report on Late Payment — Payment of docket and other lawful fees and
deposit for costs made after the elevation of the original records shall be reported to
the Court for appropriate action, (n)

SEC. 8. Non-Refund of Docket Fees. — The docket and other lawful fees and deposit
for costs, once paid, shall be non-refundable except when erroneously made, (Sec, 7
[b], Rule 12, RIRCA [a])

SEC. 9. Color Code of Rollos. — To facilitate the identification of cases, the cover of
rolios shall have the following colors:

(a) Green for appealed civil cases;

(b) Cream for appealed criminal cases where the accused is out on bail;

(c) Orange for criminal cases where the accused is detained;

(d) Mustard for agrarian cases;

(e) Red for habeas corpus cases;

(f) Gray for special cases on appeal;

{g) Yellow for petitions for review of quasi-judicial agencies;

(h) Pink for annulment of judgment cases;

(i) White for heinous crimes cases;

(j) Lavander for petition for review in criminal cases; and

(k) Blue for all other special cases. (Sec. 8, Rule 12, RIRCA)

SEC. 10. Sessions in Bagnio — Unless otherwise determined by the Presiding Justice,
sessions shall be held in Baguio City by at least one (1) Division of the Court for a week
every month and by not more than seven (7) Divisions on rotation basis during the
summer months.

The Presiding Justice shall prepare a schedule of session to Baguio City. (n)
SEC. 11. Separability Clause. — If the effectivity of any provision of these Rules is
suspended or disapproved by the Supreme Court, the unaffected provisions shall
remain in force. Unless otherwise provided for in existing rules, the Presiding Justice or
any one acting in his/her place is authorized to act on any matter not covered by
these Rules. Such action shall, however, be reported to the Court en bane (Sec. 10,
Rule 12, RIRCA [a])

SEC 12. Repealing Clause. — Upon effectivity of these Rules, all resolutions, orders,
memoranda and circulars of this Court ; which are inconsistent therewith are hereby
repealed or modified accordingly. (Sec. 11, Rule 12, RIRCA [a])

SEC. 13. Effectivity Clause. — These Rules shall become effective on February 3,
2010 after publication in a newspaper of general circulation, (n)