Judicial Precedent 1

More Judicial Precedent Resources: Judicial Precedent - Lecture Notes #2

INTRODUCTION
Judicial precedent means the process whereby judges follow previously decided cases where the facts are of sufficient similarity. The doctrine of judicial precedent involves an application of the principle of stare decisis ie, to stand by the decided. In practice, this means that inferior courts are bound to apply the legal principles set down by superior courts in earlier cases. This provides consistency and predictability in the law.

RATIO DECIDENDI AND OBITER DICTUM

The decision or judgement of a judge may fall into two parts: the ratio decidendi (reason for the decision) and obiter dictum (something said by the way). RATIO DECIDENDI - The ratio decidendi of a case is the principle of law on which a decision is based. When a judge delivers judgement in a case he outlines the facts which he finds have been proved on the evidence. Then he applies the law to those facts and arrives at a decision, for which he gives the reason (ratio decidendi). OBITER DICTUM - The judge may go on to speculate about what his decision would or might have been if the facts of the case had been different. This is an obiter dictum. The binding part of a judicial decision is the ratio decidendi. An obiter dictum is not binding in later cases because it was not strictly relevant to the matter in issue in the original case.

However, an obiter dictum may be of persuasive (as opposed to binding) authority in later cases. A difficulty arises in that, although the judge will give reasons for his decision, he will not always say what the ratio decidendi is, and it is then up to a later judge to "elicit" the ratio of the case. There may, however, be disagreement over what the ratio is and there may be more than one ratio.
Read more: Judicial Precedent 1 | English Legal System Lecture Notes | Law Teacher http://www.lawteacher.net/english-legalsystem/lecture-notes/judicial-precedent1.php#ixzz2UZdJUOUB Follow us: @lawteachernet on Twitter | LawTeacherNet on Facebook TO: COURT OF APPEALS, REGIONAL TRIAL

COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARIA DISTRICT COURTS AND SHARIA CIRCUIT COURTS, ALL MEMBERS OF THE GOVERNMENT PROSECUTION SERVICE AND ALL MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES

SUBJECT: GUIDELINES TO BE OBSERVED IN APPEALS TO THE COURT OF APPEALS AND TO THE SUPREME

COURT. 1. No Common Mode of Appeal to Court of Appeals and Supreme Court. The provisions of Rules 41 and 42 of the Rules of Court prescribing a common mode of appeal to the Court of Appeals and to the Supreme Court and a common procedure for considering and resolving an appeal, are no longer in force. They have been largely superseded and rendered functus officio by certain statutes which wrought substantial changes in the appellate

procedures in this jurisdiction, notably: Republic Acts Nos. 5433 and 5400 [both effective on September 9, 1968] and 6031 [effective August 4, 1969], and Batas Pambansa Blg. 129 [effective August 14, 1981].
cralaw

2. Appeals From Regional Trial Courts to the Supreme Court.- Except in criminal cases where the penalty imposed is life imprisonment or reclusion perpetua, judgments of regional trial courts may be appealed to the Supreme

Court only by petition for review on certiorari in accordance with Rule 45 of the Rules of Court in relation to Section 17 of the Judiciary Act of 1948, as amended, [1] this being the clear intendment of the provision of the Interim Rules that "(a)ppeals to the Supreme Court shall be taken by petition for certiorari which shall be governed by Rule 45 of the Rules of Court." [2] 3. Appeals to the Court of Appeals. On the other hand, appeals by certiorari will not lie with

the Court of Appeals. [2a] Appeals to that Court from Regional Trial Courts may be taken:
chanroblesvirtuallawlibrary

(a) By writ error [ordinary appeal] where the appealed judgment was rendered in a civil or criminal action by the Regional Trial Court in the exercise of its original jurisdiction; or

(b) By petition for review where the judgment was rendered by the Regional Trial Court in the exercise of its

appellate jurisdiction.

cralaw

The mode of appeal in either instance is entirely distinct from an appeal by certiorari to the Supreme Court.

4. Erroneous Appeals. An appeal taken to either the Supreme Court or the Court of Appeals by the wrong or inappropriate mode shall be dismissed.
cralaw

(a) Appeal to the Supreme Court by notice of appeal. No appeal may be taken to the Supreme Court from a

judgment of a Regional Trial Court by notice of appeal under Rule 41 of the Rules of Court, regardless of any statement in the notice that the Supreme Court is the court of choice; and no judge or clerk of a Regional Trial Court, shall elevate, or cause to be elevated, to the Supreme Court the records of a case thus erroneously appealed [3] under pain of disciplinary action, said officials, no less than the attorney taking the appeal, being

chargeable with knowledge that the appellate jurisdiction of the Supreme Court may properly be invoked only through petitions for review on certiorari.

(b) Raising factual issues in appeal by certiorari. Although submission of issues of fact in an appeal by certiorari taken to the Supreme Court from the Regional Trial Court is ordinarily proscribed, the Supreme Court nonetheless retains the option, in the

exercise of its sound discretion and considering the attendant circumstances, either itself to take cognizance of and decide such issues or to refer them to the Court of Appeals for determination.
cralaw

(c) Raising issues purely of law in the Court of Appeals, or appeal by wrong mode. If an appeal under Rule 41 is taken from the Regional Trial Court to the Court of Appeals and therein

the appellant raises only questions of law, the appeal shall be dismissed, issues purely of law not being reviewable by said Court. [4] So, too, if an appeal is attempted from the judgment rendered by a Regional Trial Court in the exercise of its appellate jurisdiction by notice of appeal, instead of by petition for review, the appeal is inefficacious and should be dismissed.
cralaw

(d) No appeals

transfer of erroneously

taken. No transfer of appeals erroneously taken to the Supreme Court or to the Court of Appeals to whichever of these Tribunals has appropriate appellate jurisdiction will be allowed; [5] continued ignorance or willful disregard of the law on appeals will not be tolerated.
cralaw

(e) Duty of counsel. It is, therefore, incumbent upon every attorney who would seek review of a judgment or order

promulgated against his client, to make sure of the nature of the errors he proposes to assign, whether these be of fact or of law; then upon such basis, to ascertain carefully which Court has appellate jurisdiction; and finally, to follow scrupulously the requisites for appeal prescribed by law, ever aware that any error or imprecision in compliance may well be fatal to his clients cause. [6]

For

strict

compliance.

March 9, 1990.

[Sgd.] MARCELO B. FERNAN Chief Justice

_____________________________ Endnotes:
Based on the Resolution of the Court En Banc in UDK-9748 (Anacleto Murillo v. Rodolfo Consul), March 1, 1990
[*]

Limiting the issues appealable to errors or question of law, or questions involving constitutionality or validity of any treaty, executive agreement, law, ordinance, or executive order or regulation; or the leagality of any tax, impost, assessment, or toll, or penalty imposed in relation thereto; or the jurisdiction of an inferior court, See, however, Sec. 54, R.A. No. 6657, in 2a, infra.
[1]

Par. 25, Sub-Head F., Appeal to the Supreme Court; cf., Pars. 16-24, Sub-Head E, Appellate Procedure [in the Intermediate Appellate Court].
[2]

N.B. Appeals from any decision, order or ruling of a Constitutional Commission [Civil Service Commission, Commission on Elections, or Commission on Audit] may, unless otherwise provided by law, be brought to the Supreme Court on certiorari by the aggrieved party within thirty days from receipt of a copy thereof [Sec. 7, ART. IX, 1987 Constitution]. R.A. No. 6657 [1988] provides, however, that appeals from the Agrarian Reform Arbitration Board of the Department of Agrarian Reform shall be taken to the Court of Appeals by certiorari
[2a]

within 15 days from notice of final judgment or order [Sec. 54] In Service Specialists, Inc. v. Sheriff of Manila, 145 SCRA 139, the difference in modes of appeal was once again emphasized, it being held that an appeal from the order of the trial court which dismissed a petition for relief from judgment "for lack of jurisdiction to hear and determine the same" "should have been made this Court through a petition for review on certiorari in accordance with the Judiciary Act of 1948 as amended by Republic Act No. 5440 and Section 25 of the
[3]

Interim Rules," and not by "a notice of appeal to the Intermediate Appellate Court."
[4]

See

fn.

2a,

supra.

SEC. 13 [second par.], Rule 124, as amended, does speak of a transfer of a criminal case from the Court of Appeals to this Court, but it has no relation to an erroneously appeal. The section pertinently reads: "Whenever the Court of Appeals should be of the opinion that the penalty of reclusion perpetua or higher should be imposed in a case, the Court after discussion of the evidence and the law
[5]

involved, shall render judgment imposing the penalty of reclusion perpetua or higher as the circumstances warrant, refrain from entering judgment and forthwith certify the case and elevate the entire record thereof to the Supreme Court for review." See, e.g., Circular No. 188, effective January 1, 1989.
[6]

Back to Top

Back to Home

Back to Main Index

chanroblesvirtualawlibrary

Since 19.07.98
chanroblesvirtualawlibrary

Philippine Laws read more

Political Law Labor Law Taxation Law Civil Law Mercantile Law Criminal Law Remedial Law Legal & Judicial Ethics Laws, Statutes and Codes Constitutional Law Treaties Corporate Law Electronic Commerce Law Intellectual Property Law Supreme Court Decisions

Supreme Court Resolutions Supreme Court Circulars Philippine Bar Examinations Philippine Legal Resources

Other Resources

Legal Resources Contracts Corporate Bulletin

Law Library: News

Publications Laws Presidential Issuances

Law Updates

Decisions Resolutions SC Issuances

Entertainment

Local & Hollywood Sports Page Kidstuff Page

Home Law Firm Main Index Philippine Laws Jurisprudence Contacts

Copyright 1998 - 2013 : By chanrobles.com rediaz

CRALAW
Facebook

RULE 124 PROCEDUR E IN THE

COURT OF APPEALS
Section 1. Title of the case. In all criminal cases appealed to the Court of Appeals, the party appealing the case shall be called the "appellant" and the adverse party the "appellee," but the title of the case shall remain as it was in the court of origin. Sec. 2. Appointment of counsel de officio for the accused. If it appears from the record of the case as transmitted that (a) the accused is confined in prison, (b) is without counsel de parte on appeal, or (c) has signed the notice of appeal himself, ask the clerk of court of the Court of Appeals shall designate a counsel de officio. An appellant who is not confined in prison may, upon request, be assigned a counsel de officio within ten (10) days from receipt of the notice to file brief and he establishes his right thereto. Sec. 3. When brief for appellant to be filed. Within thirty (30) days from receipt by the appellant or his counsel of the notice from the clerk of court of the Court of Appeals that the evidence, oral and documentary, is already attached to the record, the appellant shall file seven (7) copies of his brief with the clerk of court which shall be accompanied by proof of service of two (2) copies thereof upon the appellee. Sec. 4. When brief for appellee to be filed; reply brief of the

appellant. Within thirty (30) days from receipt of the brief of the appellant, the appellee shall file seven (7) copies of the brief of the appellee with the clerk of court which shall be accompanied by proof of service of two (2) copies thereof upon the appellant. Within twenty (20) days from receipt of the brief of the appellee, the appellant may file a reply brief traversing matters raised in the former but not covered in the brief of the appellant. Sec. 5. Extension of time for filing briefs. Extension of time for the filing of briefs will not be allowed except for good and sufficient cause and only if the motion for extension is filed before the expiration of the time sought to be extended. Sec. 6. Form of briefs. Briefs shall either be printed, encoded or typewritten in double space on legal size good quality unglazed paper, 330 mm. in length by 216 mm. in width. Sec. 7. Contents of brief. The briefs in criminal cases shall have the same contents as provided in sections 13 and 14 of Rule 44. A certified true copy of the decision or final order appealed from shall be appended to the brief of the appellant. Sec. 8. Dismissal of appeal for abandonment or failure to prosecute. The Court of Appeals may, upon motion of the appellee or motu proprio and with notice to the appellant in either case, dismiss the appeal if the appellant fails to file his brief within the time prescribed by this Rule, except where the appellant is represented by a counsel de officio. The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the appeal if the appellant escapes from prison or confinement, jumps bail or flees to a foreign country during the pendency of the appeal.

WHEN CAN THE COURT OF APPEALS DISMISS AN APPEAL?

1. The Court of Appeals may, upon motion of the appellee or motu proprio and with notice to the appellant in either case, dismiss the appeal if the appellant fails to file his brief within the time prescribed by this Rule, except where the appellant is represented by a counsel de officio. 2. The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the appeal if the appellant escapes from prison or confinement 3. The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the appeal if the appellant jumps bail 4. The Court of Appeals may also, upon motion of the appellee or motu proprio, dismiss the appeal if the appellant flees to a foreign country during the pendency of the appeal 5. The Court of Appeals may also, motu propio dismiss the appeal if the appellant fails to prosecute 6. The Court of Appeals may also, motu propio dismiss the appeal if the appellant abandons his appeal Sec. 9. Prompt disposition of appeals. Appeals of accused who are under detention shall be given precedence in their disposition over other appeals. The Court of Appeals 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. 10. Judgment not to be reversed or modified except for substantial error. No judgment shall be reversed or modified unless the Court of Appeals, after an examination of the record and of the evidence adduced by the parties, is of the opinion that terror was committed which injuriously affected the substantial rights of the appellant.

WHEN CAN JUDGMENT BE REVERSED OR MODIFIED?

It can only be reversed or modified when there has been substantial errors Sec. 11. Scope of judgment. The Court of Appeals may reverse, affirm or modify the judgment and increase or reduce the penalty imposed by the trial court, remand the case to the Regional Trial Court for new trial or retrial, or dismiss the case.

WHAT IS THE SCOPE OF JUDGMENT OF THE COURT OF APPEALS?

1. 2. 3. 4. Reverse, affirm, or modify the judgment Increase or reduce the penalty imposed by the trial court Remand the case to the RTC for new trial or retrial Dismiss the case

WHY CANNOT THE CA REVISE THE JUDGMENT OF THE LOWER COURT?

The power to revise is not given because it is changing the manner of the penning of the judgment of the trial judge It is violative of the rule that the judge must write the decision personally

MUST ALL BE ALLEGED IN THE APPEAL IN ORDER TO REVIEW THE CASE IN ITS ENTIRETY?
No. An appeal in criminal proceedings throws the whole case open for review. It is the duty of the appellate court to correct such errors as might be found in the appealed judgment, whether they are assigned or not. Sec. 12. Power to receive evidence. The Court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases (a) falling within its original jurisdiction, (b) involving claims for damages arising from provisional remedies, or (c) where the court grants a new trial based only on the ground of newly-discovered evidence.

CAN THE COURT OF APPEALS ACCEPT

EVIDENCE DURING AN APPEAL?

Generally, an appellate court doesnt accept new evidence during an appeal. Its decision is based on the records and other documents forwarded to it by the lower courts It can accept evidence though in the resolution of contentious factual issues, which are raised in cases: 1. Falling within its original jurisdiction 2. Involving claim for damages arising from provisional remedies 3. Where the court grants a new trial based on the ground of newlydiscovered evidence Sec. 13. Quorum of the court; certification or appeal of cases to Supreme Court. Three (3) Justices of the Court of Appeals shall constitute a quorum for the sessions of a division. The unanimous vote of the three (3) Justices of a division shall be necessary for the pronouncement of a judgment or final resolution, which shall be reached in consultation before the writing of the opinion by a member of the division. In the event that the three (3) Justices can not reach a unanimous vote, the Presiding Justice shall direct the raffle committee of the Court to designate two (2) additional Justices to sit temporarily with them, forming a special division of five (5) members and the concurrence of a majority of such division shall be necessary for the pronouncement of a judgment or final resolution. The designation of such additional Justices shall be made strictly by raffle and rotation among all other Justices of the Court of Appeals. Whenever the Court of Appeals find that the penalty of death, reclusion perpetua, or life imprisonment should be imposed in a case, the court, after discussion of the evidence and the law involved, shall render judgment imposing the penalty of death, reclusion perpetua, or life imprisonment as the circumstance warrant. However, it shall refrain from entering the judgment and forthwith certify the case and elevate the entire record thereof to the

Supreme Court for review.

HOW DOES THE CA DECIDE THE CASE?

Three (3) Justices of the Court of Appeals shall constitute a quorum for the sessions of a division. The unanimous vote of the three (3) Justices of a division shall be necessary for the pronouncement of a judgment or final resolution, which shall be reached in consultation before the writing of the opinion by a member of the division. In the event that the three (3) Justices can not reach a unanimous vote, the Presiding Justice shall direct the raffle committee of the Court to designate two (2) additional Justices to sit temporarily with them, forming a special division of five (5) members and the concurrence of a majority of such division shall be necessary for the pronouncement of a judgment or final resolution. The designation of such additional Justices shall be made strictly by raffle and rotation among all other Justices of the Court of Appeals. NB: There is tyranny of the minority. In case one of the three justices in a division disagrees, he wins even if it is 2 against 1. A.M. No. 00-5-03-SC RE: AMENDMENTS TO THE REVISED RULES OF CRIMINAL PROCEDURE TO GOVERN DEATH PENALTY CASES RESOLUTION Acting on the recommendation of the Committee on Revision of the Rules of Court submitting for this Court's consideration and approval the Proposed Amendments to the Revised Rules of Criminal Procedure To Govern Death Penalty Cases, the Court Resolved to APPROVE the same. The amendments shall take effect on October 15, 2004 following its publication in a newspaper of general circulation not later than September 30, 2004. September 28, 2004.

Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, CarpioMorales, Callejo, Sr., and Tinga, JJ., concur. Azcuna and Chico-Nazario, JJ., on leave.

AMENDED RULES TO GOVERN REVIEW OF DEATH PENALTY CASES

Rule 122, Sections 3 and 10, and Rule 124, Sections 12 and 13, of the Revised Rules of Criminal Procedure, are amended as follows: Rule 122 Sec. 3. How appeal taken.(a) The appeal to the Regional Trial Court, or to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its original jurisdiction, shall be by notice of appeal filed with the court which rendered the judgment or final order appealed from and by serving a copy thereof upon the adverse party. (b) The appeal to the Court of Appeals in cases decided by the Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for review under Rule 42. (c) The appeal in cases where the penalty imposed by the Regional Trial Court is reclusion perpetua, life imprisonment or where a lesser penalty is imposed for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more, serious offense for which the penalty of death, reclusion perpetua, or life imprisonment is imposed, shall be by notice of appeal to the Court of Appeals in accordance with

paragraph (a) of this Rule. (d) No notice of appeal is necessary in cases where the Regional Trial Court imposed the death penalty. The Court of Appeals shall automatically review the judgment as provided in Section 10 of this Rule. (3a) xxx Sec. 10. Transmission of records in case of death penalty. In all cases where the death penalty is imposed by the trial court, the records shall be forwarded to the Court of Appeals for automatic review and judgment within twenty days but not earlier than fifteen days from the promulgation of the judgment or notice of denial of a motion for new trial or reconsideration. The transcript shall also be forwarded within ten days after the filing thereof by the stenographic reporter. (10a) xxx Rule 124 Sec. 12. Power to receive evidence.The Court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or further proceedings. Trials or hearings in the Court of Appeals must be continuous and must be completed within three months, unless extended by the Chief Justice. 12(a) Sec. 13. Certification or appeal of case to the Supreme Court.(a) Whenever the Court of Appeals finds that the penalty of death should be imposed, the court shall render judgment but refrain from making an entry of judgment and forthwith certify the case and elevate its entire record to the Supreme Court for review. (b) Where the judgment also imposes a lesser penalty for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offense for which the

penalty of death is imposed, and the accused appeals, the appeal shall be included in the case certified for review to, the Supreme Court. (c) In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a lesser penalty, it shall render and enter judgment imposing such penalty. The judgment may be appealed to the Supreme Court by notice of appeal filed with the Court of Appeals.

WHAT IS THE PROCEDURE WHEN THE CA FINDS THAT THE PENALTY TO BE IMPOSED IS DEATH, RECLUSION PERPETUA, OR LIFE IMPRISONMENT?
Whenever the Court of Appeals finds that the penalty of death should be imposed, the court shall render judgment but refrain from making an entry of judgment and forthwith certify the case and elevate its entire record to the Supreme Court for review. Where the judgment also imposes a lesser penalty for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more severe offense for which the penalty of death is imposed, and the accused appeals, the appeal shall be included

in the case certified for review to, the Supreme Court. In cases where the Court of Appeals imposes reclusion perpetua, life imprisonment or a lesser penalty, it shall render and enter judgment imposing such penalty. The judgment may be appealed to the Supreme Court by notice of appeal filed with the Court of Appeals.

WHAT IF THE DECISION APPEALED TO THE CA IS PURELY QUESTIONS OF LAW?

The CA may certify it to the SC directly Sec. 14. Motion for new trial. At any time after the appeal from the lower court has been perfected and before the judgment of the Court of Appeals convicting the appellant becomes final, the latter may move for a new trial on the ground of newly-discovered evidence material to his defense. The motion shall conform with the provisions of section 4, Rule 121.

CAN THE CA CONDUCT A NEW TRIAL?

Yes, the ground for new trial is based on newly-discovered evidence and the motion shall conform with the provisions of Section

4, Rule 121

WHAT IS NEWLYDISCOVERED EVIDENCE?

This is material evidence that can change the outcome of the judgment when admitted

WHEN SHOULD THE NEWLY-DISCOVERED EVIDENCE BE DISCOVERED?

The evidence must be discovered after the perfection of appeal, but before the CA renders its judgment, because after the perfection of the appeal, the trial court loses its jurisdiction. On the other hand, prior perfection of an appeal, the party discovering the new evidence may file a motion for new trial with the trial court anyway. INSTEAD OF FILING A MOTION FOR NEW TRIAL, CAN A PARTY FILE A MOTION FOR RECONSIDERATION INSTEAD? No since a motion for reconsideration only covers errors of facts or laws and not newly-discovered evidence, which pertains exclusively as a ground for new trial

WHY IS THE PERIOD FOR FILING A MOTION FOR NEW TRIAL FROM A DECISION OF THE RTC DIFFERENT FROM THAT OF THE CA?
For the reason that at some point in time, the case must end. Sec. 15. Where new trial conducted. When a new trial is granted, the Court of Appeals may conduct the hearing and receive evidence as provided in section 12 of this Rule or refer the trial to the court of origin. Sec. 16. Reconsideration. A motion for reconsideration shall be filed within fifteen (15) days from notice of the decision or final order of the Court of Appeals with copies thereof served upon the adverse party, setting forth the grounds in support thereof. The mittimus shall be stayed during the pendency of the motion for reconsideration. No party shall be allowed a second motion for reconsideration of a judgment or final order.

WHEN SHOULD A MOTION FOR RECONSIDERATION BE FILED?

A motion for reconsideration shall be filed within fifteen (15) days from notice of the decision or final order of the Court of Appeals with copies thereof served upon the adverse party, setting forth the grounds in support thereof. The mittimus shall be stayed during the pendency of the motion for reconsideration. No party shall be allowed a second motion for reconsideration of a judgment or final order.

WHAT IS THE MEANING OF MITTIMUS?

It is the process issued by the court after conviction to carry out the final judgment such as commanding a prison warden to hold the accused in accordance with the terms of the judgment ec. 17. Judgment transmitted and filed in trial court. When the entry of judgment of the Court of Appeals is issued, a certified true copy of the judgment shall be attached to the original record which shall be remanded to the clerk of the court from which the appeal was taken.

WHAT SHOULD BE DONE AFTER THE JUDGMENT OF THE CA HAS BECOME FINAL?
When the judgment of the CA becomes final, a certified true copy of the judgment shall be attached to the original record which shall be

remanded to the clerk of the court from which the appeal was taken. Sec. 18. Application of certain rules in civil procedure to criminal cases. The provisions of Rules 42, 44 to 46 and 48 to 56 relating to procedure in the Court of Appeals and in the Supreme Court in original and appealed civil cases shall be applied to criminal cases insofar as they are applicable and not inconsistent with the provision of this Rule.
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): 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 Justices 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 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. In no case shall there be any diminution in the rank of Justices (R.A. 8246) 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" Section 2. Stations and Place of Holding Sessions. 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 twentythird 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 places

and for such period as the Supreme Court may determine, for the purpose of hearing and deciding cases. c. Trials or hearing in the Court must be continuos and completed within three (3) months, unless extended by the Chief Justice of the Supreme Court. (Sec. 1, R.A. 8246) Section 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. Section 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. 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 failure to have a unanimous vote, a Special Division of five members shall be constituted in the manner provided in Section 6 hereof. Section 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. 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. 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) Section 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) Section 7. Rule on Precedence. The Presiding Justice enjoys precedence over all the other members of the Court in all official functions. The Associate Justice 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)

Section 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) Section 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) Section 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) Section 11. Inventory. Whenever a Justice retires, resigns, dies or transfer 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 Section 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. 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. 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. 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, summonse, 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: (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 Appeal Reports. (Sec. 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. 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. Section 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. The appointee may then take his oath of office and perform his duties and responsibilities. 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. 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. 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. (RA 8246 and Sec. 1, Rule 2, RIRCA)

Section 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) Section 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. 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; (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) Section 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, RCR) c. Motions for extension shall state the material dates showing their timeliness; otherwise, they shall be denied. Section 3. Modes of Filing. a. Pleadings, motions or other papers may be filed with the Court either by personnal delivery or by registered mail.

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. 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. Section 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. 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. Section 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. 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. c. If the filling 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. 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. Section 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 completions, 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) Section 7. Raffle Procedure. a. The raffle of cases shall be open to the public and conducted daily at 10:30 a.m., except in special raffle. 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. 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. d. All requests for substitution and notices of inhibition shall be attached to the rollo. 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. f. The Raffle Staff shall furnish the Justices with the results of the raffle not later than the following working day. g. Upon retirement or cessation from office of a Justice, his pending cases shall be reraffled 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. 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) Section 8. Consolidation of Cases. Whenever related cases are assigned to different Justices, they may be consolidated and assigned to a single Justice. 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.

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. 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. d. Notice of the consolidation and replacement shall be given to the Raffle Staff and the Judicial Records Division. (Sec. 7, Rule 3, RIRCA) Section 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. Section 10. Action by a Justice. The following may be acted upon by the Justice to whom the case is assigned. (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) Section 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) Section 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) Section 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) Section 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. 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. 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 filling 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) Section 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) Section 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) Section 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) Section 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) Section 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) Section 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) Section 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) Section 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) Section 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) Section 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) Section 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) Section 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)

Section 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) Section 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) Section 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) Section 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) Section 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; (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) Section 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) Section 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 81/2 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. Section 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. 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) Section 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. Section 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. 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)

Section 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) Section 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) Section 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 proverty, 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) Section 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) Section 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) Section 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) Section 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) Section 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. 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)

Section 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) Section 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) Section 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. 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. c. The petition shall be filed in seven (7) clearly legible copies, together with sufficient copies corresponding to the number of respondents. 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. 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. Section 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. 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 nonpayment 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) Section 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. 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. 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) Section 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) Section 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 rafiled 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 mandamusare governed by Rule 65, quo warranto by Rule 66, and habeas corpus by Rule 102 of the Rules of Court. Section 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 quasijudicial 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) Section 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 nonforum shopping as provided in paragraph (e), Section 2 of Rule 6 hereof. 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. 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) Section 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) Section 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) Section 6. Respondents and Costs in Certain Cases. a. When the petition relates to the acts or omission of a judge, court, quasijudicial 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. 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) Section 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) Section 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 submits 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. 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) Section 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) Section 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) Section 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. Section 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. 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.

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. 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) Section 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. 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. 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) Section 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)

Section 4. Processing of Petition. The provisions of Section 3 (b), Rule of these Rules shall apply to petitions for review. Section 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) Section 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) Section 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) Section 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) Section 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. 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. 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. 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) Section 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) Section 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) Section 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) Section 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) Section 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. 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) Section 6. Contents of the Petition. The petition for review shall: (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 the 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. 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) Section 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) Section 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) Section 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) Section 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) Section 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) Section 12. Effect of Appeal. The appeal shall not stay the award, judgment, final order or resolution sought to be reviewed unless the Court shall derect otherwise upon such terms as it may deem just. (Sec. 12, Rule 43, RCP) Section 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 to compromise; (b) To define, sumplify 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. Section 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. Section 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, 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. 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) Section 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. Section 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. 2-3, 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. b. In original actions and petitions for review (1) Where no comment is filed, upon the expiration of the period to comment; (2) Where no hearing is held, upon the filing of the last pleading required or permitted to be filed by the Court, or the expiration of the period for its filing; 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) Section 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) Section 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 deliberate 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; (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. Section 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. 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. 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. Section 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. 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. Section 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. Section 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. 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) Section 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) Section 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. (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 proponement 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) Section 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. Section 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) Section 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. 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) Section 13. Resolutions. Any disposition other than on the merits shall be embodied in a resolution. (SEC. 6, Rule 8, RIRCA) Section 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 therollo; (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) Section 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. 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. 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. 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. 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 SEC.. (SEC. 8, Rule 8, RIRCA) Section 16. Entry of Judgments and Final Resolutions. If no appeal or motion for new trial or reconsiderations 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 judgments 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) Section 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. Section 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) Section 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) Section 5. Who Shall Act on Motion for Reconsideration. 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. 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. 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. 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) Section 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) Section 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) Section 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) Section 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) Section 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) Section 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 Section 1. Entry of Judgment. 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. 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. 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. 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) Section 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). Section 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, BP Blg. 129) Section 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) Section 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. 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) Section 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) Section 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) Section 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. 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. 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. 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) Section 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) Section 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. The Special Cases Section shall maintain a record book of undocketed special cases for this purpose. (Office Order No. 116-89-N, 1989) Section 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) Section 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) Section 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. 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) 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 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) Section 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. (b) Special Cases (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 352.00 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 (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 20.00 (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) Section 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) Section 9. Non-refund of Docket Fees. The docket and lawful fees, once paid, is nonrefundable, except when erroneously paid. (N) Section 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. Section 11. Summer Sessions. The presiding Justice shall prepare a schedule of summer sessions of the Court. (Sec. 9, Rule 12, RIRCA) Section 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. 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. Section 13. Repealing Clause. Upon the effectivity of these Rules, all resolutions, orders, memoranda, and circulars which are inconsistent therewith are hereby repealed. Section 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. Section 15. Publication. These Rules shall be published in two newspapers of general circulation within ten (10) days from its effectivity.

Three modes of appeal from decisions of the RTC - G.R. No. 194880
G.R. No. 194880 "x x x.

Respondent Sunvar argued that petitioners resort to a Rule 45 Petition for Review on Certiorari before this Court is an improper mode of review of the assailed RTC Decision. Allegedly, petitioners should have availed themselves of a Rule 65 Petition instead, since the RTC Decision was an

order of dismissal of the Complaint, from which no appeal can be taken except by a certiorari petition. The Court is unconvinced of the arguments of respondent Sunvar and holds that the resort by petitioners to the present Rule 45 Petition is perfectly within the bounds of our procedural rules. As respondent Sunvar explained, no appeal may be taken from an order of the RTC dismissing an action without prejudice,[45] but the aggrieved party may file a certiorari petition under Rule 65.[46]Nevertheless, the Rules do not prohibit any of the parties from filing a Rule 45 Petition with this Court, in case only questions of law are raised or involved.[47] This latter situation was one that petitioners found themselves in when

they filed the instant Petition to raise only questions of law. In Republic v. Malabanan,[48] the Court clarified the three modes of appeal from decisions of the RTC, to wit: (1) by ordinary appeal or appeal by writ of error under Rule 41, whereby judgment was rendered in a civil or criminal action by the RTC in the exercise of its original jurisdiction; (2) by a petition for review under Rule 42, whereby judgment was rendered by the RTC in the exercise of its appellate jurisdiction; and (3) by a petition for review on certiorari before the Supreme Court under Rule 45. The first mode of appeal is taken to the [Court of Appeals] on questions of fact or mixed questions of fact and law. The second mode of appeal is brought to the CA on questions of fact, of law, or mixed questions of fact and law. The third mode of appeal is

elevated to the Supreme Court only on [49] questions of law. (Emphasis supplied.) There is a question of law when the issue does not call for an examination of the probative value of the evidence presented or of the truth or falsehood of the facts being admitted, and the doubt concerns the correct application of law and jurisprudence on the matter.[50] The resolution of the issue must rest solely on what the law provides [51] on the given set of circumstances. In the instant case, petitioners raise only questions of law with respect to the jurisdiction of the RTC to entertain a certiorari petition filed against the interlocutory order of the MeTC in an unlawful detainer suit. At issue in the present case is the correct application of the Rules on Summary Procedure; or, more

specifically, whether the RTC violated the Rules when it took cognizance and granted the certioraripetition against the denial by the MeTC of the Motion to Dismiss filed by respondent Sunvar. This is clearly a question of law that involves the proper interpretation of the Rules on Summary Procedure. Therefore, the instant Rule 45 Petition has been properly lodged with this Court. x x x." EN BANC
A.M. No. 04-9-07-SC

Re: Mode of Appeal in Cases Formerly Cognizable by the Securities and Exchange Commission

RESOLUTION WHEREAS, to implement the provisions of Section 5.2 of Republic Act No. 8799 (The Securities Regulation Code), and in the interest of a speedy and efficient administration of justice, the Supreme Court En Banc promulgated (1) A.M. No. 00-8-10-SC, on Transfer of Cases from the Securities and Exchange Commission to the Regional Trial Courts which took effect on October 1, 2001; and (2) SC Adm. Memo. No. 01-2-04, or the Interim Rules of Procedure Governing Intra-Corporate Controversies under Republic Act No. 8799 which took effect on April 1, 2001; WHEREAS, the Supreme Court En Banc designated certain regional trial courts as commercial courts to decide cases falling under both Interim Rules; WHEREAS, under both Interim Rules, all decisions and orders issued shall immediately be executory and no appeal or

petition taken therefrom shall stay the enforcement or implementation of the decision or order, unless restrained by an appellate court; WHEREAS, lawyers and litigants are in a quandary on how to prevent under appropriate circumstances the execution of decisions and orders in cases involving corporate rehabilitation and intra-corporate controversies; WHEREAS, in A.M. No. 00-8-10-SC, dated 4 September 2001, the Supreme Court En Banc clarified the period of appeal for cases involving corporate rehabilitation and intra-corporate controversies; WHEREAS, there is a need to clarify the proper mode of appeal in these cases in order to prevent cluttering the dockets of the courts with appeals and/or petitions for certiorari; WHEREFORE, the Court Resolves:

1. All decisions and final orders in cases falling under the Interim Rules of Corporate Rehabilitation and the Interim Rules of Procedure Governing IntraCorporate Controversies under Republic Act No. 8799 shall be appealable to the Court of Appeals through a petition for review under Rule 43 of the Rules of Court. 2. The petition for review shall be taken within fifteen (15) days from notice of the decision or final order of the Regional Trial Court. Upon proper motion and the payment of the full amount of the legalfee prescribed in Rule 141 as amended before the expiration of the reglementary period, the Court of Appeals may grant an additional period of fifteen (15) days within which to file the petition forreview. No further extension shall be granted except for the most compelling reasons and in no case to exceed fifteen (15) days. 3. This Resolution shall apply to all pending appeals filed within

the reglementary period from decisions and final orders in cases falling under the Interim Rules of Corporate Rehabilitation and the Interim Rules of Procedure Governing Intra-Corporate Controversies under Republic Act No. 8799, regardless of the mode of appeal or petition resorted to by the appellant or petitioner. 4. These pending appeals or petitions shall be treated in the following manner: a. In case a notice of appeal and/or record on appeal was filed with the Regional Trial Court within the period provided in A.M. No. 00-8-10-SC, and the original record or the approved record on appeal has not been transmitted to the Court of Appeals, the appealing party shall have fifteen (15) days from the effectivity of this Resolution to file a petition for review under Rule 43 with the Court of Appeals, without prejudice to filing a motion for extension in accordance with 1 hereof.

The notice of appeal and/or record on appeal shall remain in the original record but the Regional Trial Court and/or its clerk shall not transmit the original record or the approved record on appeal to the Court of Appeals anymore. An appealing party who fails to file a petition for review with the Court of Appeals within the prescribed period shall not be deemed to have abandoned his appeal, in which case the appeal shall run its due course. b. In case a notice of appeal and/or record on appeal was filed with the Regional Trial Court within the period provided in A.M. No. 00-8-10-SC, and the original record or the approved record on appeal has been transmitted to the Court of Appeals, the case shall continue as an appeal. c. In case a petition appealing or assailing the decision and/or final

order is filed directly with the Court of Appeals within the reglementary period, such petition shall be considered a petition for review under Rule 43. d. In case a notice of appeal and/or record on appeal is filed with the Regional Trial Court and a petition appealing or assailing the decision and/or final order is likewise filed with the Court of Appeals, the cases shall be consolidated and treated as a petition for review under Rule 43. e. No docket fees shall be required for the filing of a petition for review filed in substitution of a pending appeal and/or petition as the appellate fees have already been collected by the Regional Trial Court and/or Court of Appeals. However, should a prayer for temporary restraining order and/or writ of preliminary injunction, not included in the original petition, be included in the substitute petition for review, the

Court of Appeals may assess additional docket fees for such prayer.

This Resolution shall take effect on the 15th day of October 2004 and shall be published on a newspaper of general circulation not later than 30 September 2004. Promulgated this 14th day of September 2004. Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-Santiago, SandovalGutierrez, Carpio, Austria-Martinez, Corona, Callejo, Sr., Azcuna, and Tinga, JJ., concur. Carpio-Morales, J., on official leave. Chico-Nazario, J., on leave.

Unless one of the courts listed in the Role of The Supreme Court section has made an order affecting you, you will not be able to take your

case to The Supreme Court. Furthermore, not all orders made by lower courts can be appealed to The Supreme Court. Only after this court has refused to grant you permission to appeal against its judgment can you then apply to The Supreme Court. In most cases, to bring an appeal to The Supreme Court, you must first apply to the court which handed down the judgment to ask for permission to appeal. For more details on the circumstances under which it is possible to bring an appeal to The Supreme Court see A guide to bringing a case to The Supreme Court.

A guide to bringing a case to The Supreme Court

1.1 This page sets out some information to help you decide whether The Supreme Court can help you. The Supreme Court is an appeal court
1

. This means that it only deals with appeals from

In England and Wales

The Court of Appeal, Civil Division The Court of Appeal, Criminal Division (in some limited cases
2

) the High Court

In Scotland
The Court of Session

In Northern Ireland
The Court of Appeal in Northern Ireland (in some limited cases
3

) the High Court 1.2 Unless one of these Courts has made an order affecting you, you will NOT be able to take your case to The Supreme Court.

And not all orders made by these Courts can be appealed to The Supreme Court
4

What is The Supreme Court?

1.3 The Supreme Court of the United King dom was established by Part 3 of the Constitutional Reform Act 2005 and came into be ing on 1 October 2009. It replaces the House of Lords in its judicial capacity and has assumed the jurisdiction of the House of Lords under the Appellate Jurisdiction Acts 1876 and 1888. The Supreme Court also has jurisdiction in relation to devolution matters
5

under the Scotland Act 1998, the Northern Ireland Act 1988 and the Government of Wales Act 2006; this was transf erred to The Supreme Court from the Judicial Committee of the Privy Council.

Do I have a right of appeal?

1

There is an exception to this: see Devolution at para 1.18

2

See paragraph 1.12

3

See paragraph 1.12

4

See paragraph 1.16.

5

see Devolution at para 1.18 1

1.4 The right of appeal to the Supreme Court is regulated by statute and is subject to several statutory restrictions. The relevant statutes for civil appeals are: the Administration of Justice (Appeals) Act 1934 the Administration of Justice Act 1960 the Administration of Justice Act 1969 the Judicature (Northern Ireland) Act 1978 the Court of Session Act 1988 the Access to Justice Act 1999. The Human Rights Act 1998 applies to The Supreme Court in its judicial capacity. But that act does not confer any general right of appeal to The Supreme Cou rt, or any right of appeal over

and above any right of appeal which was provided for in Acts passed before the coming into force of the Human Rights Act 1998.

Appeals from the Court of Appeal in Engl and & Wales and the Court of Appeal in Northern Ireland
1.5 An appeal to The Supreme Court from any or der or judgment of the Court of Appeal in England and Wales or in Northern Ireland may only be brought with the permission if the Court of Appeal or of The Supreme Court. 1.6 An application for permission to appeal must be made first to the Court of Appeal. If that Court refuses permission, an applicati on may be made to The Supreme Court. An application is made by filing an application for permission to appeal.

Appeals from the Court of Session in Scotland

1.7 An appeal lies to the Court from any order or judgment of a court in Scotland if an appeal lay from that court to the House of Lo rds at or immediately before 1 October 2009. 1.8 As a general rule, permission to appeal is not required from an interlocutor of the Inner House of the Court of Session on the whole merits

of the cause. The appeal must be filed within 42 days of the date of the interlocutor appealed form; and the notice of appeal must be signed by two Scottish counsel who must also certify that the appeal is reasonable. 1.9 As a general rule, permission to appeal is not required from an interlocutory judgment of the Court of Session on where there is a differe nce of opinion among the judges or where the interlocutory judgment is one sustaining a dilatory defence and dismissing the action. The appeal must be filed within 42 days of the date of the interlocutor appealed from; and the notice of appeal must be signed by two Scottish counse l who must also certify that the appeal is reasonable. 1.10 Permission to appeal is required for an appeal to The Supreme Court against any interlocutory judgment of the Court of Session th at does not fall within para. 1.9, and only the Inner House of the Court of Session may grant pe rmission to appeal. A refusal by the Court of Session to grant permission to appeal is final an d no appeal may then be made to The Supreme Court.

1.11 Permission to appeal from the Court of Session is also required for an appeal to The Supreme Court under the provisions of certain Acts of Parliament, and permission may be granted by the Court of Session or, if refused by the Court of Session, by The Supreme Court. When permission to appeal is granted where para 1.10 or this paragraph applies, it is not necessary for two Scottish counsel to certify that the appeal is reasonable.

Appeals from the High Court in Engl and & Wales and the High Court in Northern Ireland: leapfrog appeals
1.12 In certain cases, and subject to certain c onditions, an appeal lies direct to The Supreme Court from the High Court in England and Wales or in Northern Ireland. Under sections 12 to 16 of the Administration of Justice Act 1969 , appeals in civil matters may exceptionally be permitted to be made direct to the Supreme Court from (i) the High Court in England and Wales (ii) a Divisional Court in England and Wales and (iii) the High Court of Northern Ireland.

These appeals are normally called leapfrog appeals . 1.12.1 A certificate of the High Court must be first obtained and then the permission of The Supreme Court must be applied for and given before the appeal may proceed. No application may be made to The Supreme Court wit hout the certification of the High Court. 1.12.2 A leapfrog appeal is only permitted if (i) the judge in the High Court certifies (immediately after judgment or on an application within 14 days) that the relevant conditions are satisfie d, that a sufficient case has been made out to justify an application for permission to appeal to The Supreme Court, and that all parties consent; (ii) The Supreme Court (on an application made within one month) gives permission for the appeal, and (ii) it is not a case of contempt of court or one in which an appeal to the Court of Appeal (or the Court of Appeal of Northern Ireland) (a) would not have lain even with permission or (b) would not have had permission granted for it.

1.12.3 The relevant conditions (which are set out in section 12(3) of the Administration of Justice act 1969) are that a point of general public importance is involved and that it either: (a) relates wholly or mainly to the construction of an enactment or of a statutory instrument, and has been fully argued in the proceedings and fu lly considered in the judgment of the judge in the proceedings, or
3

(b) is one in respect of which the judge is bound by a decision of the Court of Appeal or of The Supreme Court in previous proceedings, and was fully considered in the judgments given by the Court of Appeal or The Supreme Court (as the case may be) on those previous proceedings. (in the case of leapfrog appeals from Northern Ireland the references in this paragraph to the Court of Appeal must be read as references to the Court of Appeal of Northern Ireland.)

Judicial review: civil matters

1.13 An application for permission to appeal for judicial review is made to the Administrative Court (which is part of the Queens Bench Divisi on of the High Court). If the judge in the

Administrative Court refuses the application with out a hearing, an application can be made for his decision to be reconsidered at a hearing. Where permission to apply for judicial review has been refused by the Administrative Court after consideration on paper and after reconsideration at an oral hearing, the applicant may apply to appeal against refusal of permission. An application must be filed in the Court of Appeal within 7 days. For an appeal to be successful, the applicant needs to be granted both i) permissi on to appeal against the Administrative Courts determination; and ii) permission to apply for judicial review. 1.14 If the Court of Appeal refuses to grant permission to appeal against the decision of the Administrative Court to refuse permission to apply for judicial review, there is no further right of appeal to The Supreme Court. The Supreme Court has no jurisdiction to issue such an appeal. But if the Court of Appeal (a) grants permissi on to appeal against the Administrative Courts refusal of permission to apply for judicial review, but then (b) itself refuses permission to apply

for judicial review, The Supreme Court does have jurisdiction.

Civil contempt of court cases

1.15 In cases involving civil contempt of cour t, an appeal may be brought under section 13 of the Administration of Justice Act 1960. Permissi on to appeal is required and an application for permission must first be made to the court which he ard the original case. If that application is refused, an application for permission may then be made to The Supreme Court. Where the decision of the court below is a decision on appeal under the same section of the same Act, permission to appeal to the Supreme Court is onl y granted if the court below certifies that a point of law of general public importance is involv ed in that decision and if it appears to that court or to The Supreme Court that the point is one that ought to be considered by The Supreme Court. Where the court below refuses to grant the certificate required, an application for permission may not then be made to The Supreme Court.

What are restrictions on a right of appeal

1.16 Permission to appeal to The Supreme

Court is subject to a number of statutory restrictions.

The most important general restriction on rights of appeal is section 54(4) of the Access to Justice Act 1999. This provision means that The Supreme Court may NOT entertain any appeal against an order of the Court of Appeal refusing permissi on to bring an appeal to the Court of Appeal 4

1.16.1 Other restrictions relate to applications brought by a person in respect of whom the High Court has made an order under section 42 of The Supreme Court A ct 1981 (restriction of Vexatious legal proceedings); applications brought from a decision of the Cou rt of Appeal on an appeal from a county court in probate proceedings; applications brought from a decision of th e Court of Appeal on an appeal from a decision of the High Court on a question of law under Part III of the Representation of

the People Act 1983 (legal proceedings); applications for permission to appeal agains t the refusal of the Court of Appeal under CPR 52.17 (the Taylor v Lawrence jurisdiction) to reopen an appeal or application for permission to appeal. 1.16.2 Where one of these restrictions applies, the Registrar will inform the applicant in writing that The Supreme Court has no jurisdiction. The European Court of Human Rights accepts this letter as setting out the jurisdiction of The Supr eme Court in the litigation, for the purpose of determining whether the applicant has satisfied th e requirement, laid down by Article 35 of the European Convention on Human Rights, that all do mestic remedies must be exhausted before an appeal can be made to the Strasbourg Court.

Criminal Appeals
1.17 Appeals to The Supreme Court in crim inal proceedings in England and Wales or Northern Ireland are subject to special restrictions limiting such appeals to exceptional cases of

general public importance. There is no appeal in criminal proceedings from the High Court of Justiciary or any other court in Scotland, but issue s relating to criminal proceedings in Scotland may come before The Supreme Court as devolution issues under the Scotland Act 1998. See paragraph 1.18. England and Wales (except Courts-martial) 1.17.1 Appeals to The Supreme Court in crim inal proceedings in England and Wales are regulated by sections 33 and 34 of the Criminal Appeal Act 1968 and sections 1 and 2 of the Administration of Justice Act 1960. All such appe als may be made at the instance of the accused or the prosecutor. Section 13 of the Administra tion of Justice Act 1960 extends the scope of section 1 and 2, with some qualifications, to appe als relating to contempt of court (civil or criminal). Sections 26 to 38 of the Criminal A ppeals Act 1968 contain ancillary provisions about bail, detention and attendance at appeal hearings. 1.17.2 Any appeal under these provisions requ ires permission of the court below or The Supreme Court, which may be granted (except for a

first appeal in a contempt of court matter) only if (i) the court below certifies that a point of general public importance is involved and (ii) it appears to the court below or to The Supreme Court that the point is one which ought to be considered by The Supreme Court.
5 6

1.17.3 Section 36 of the Criminal Justice Act 1972 permits the Court of Appeal to refer a point of law to The Supreme Court where (after acquittal) the Attorney-General has referred the point of law to the Court of Appeal. Northern Ireland 1.17.4 Similar provisions apply to appeals in cr iminal proceedings in Northern Ireland: see sections 31 and 32of the Criminal Appeal (Northern Ireland Act 1980 and section 41of and schedule 1 of the Judicature (Northern Ireland) Act 1978. Courts-Martial 1.17.5 Similar provisions apply to appeals from the CourtsMartial Appeal Court: see sections

39 and 40 of the Court-Martial (Appeals) Act 1968.

Devolution Issues
1.18 Devolution issues raise issues of constitu tional importance as to the exercise of a function by a member of the Scottish Executive, a Minister in Northern Ireland or a Northern Ireland department or by the Welsh Ministers or as to the legislative competence of the Scottish Parliament under the Scotland Act 1998, the No rthern Ireland Assembly under the Northern Ireland Act 1998, and the Welsh Assembly unde r the Government of Wales Act 2006. Under these Acts, The Supreme court has both appella te jurisdiction and special statutory powers to consider referred questions, including questions by the relevant law officer or Ministers.