A.M. NO.

07-7-12-SC

A.M. No. 07-7-12-SC - AMENDMENTS TO RULES 41, 45, 58 AND

65 OF THE RULES OF COURT

AMENDMENTS TO RULES 41, 45, 58 AND 65 OF THE RULES OF

COURT

RULE 41

Section 1. Subject of appeal. An appeal may be taken from a

judgment or final order that completely disposes of the case, or of a
particular matter therein when declared by these Rules to be
appealable. chanroblesvirtuallawlibrary

No appeal may be taken from:

1. An order denying a petition for relief or any similar motion

seeking relief from judgment;

2. An interlocutory order;

3. An order disallowing or dismissing an appeal;

4. An order denying a motion to set aside a judgment by consent,

confession or compromise on the ground of fraud, mistake or
duress, or any other ground vitiating consent;

5. An order of execution;

6. A judgment or final order for or against one or more of several

parties or in separate claims, counterclaims, cross-claims and
third-party complaints, while the main case is pending, unless the
court allows an appeal therefrom; and chanroblesvirtuallawlibrary

7. An order dismissing an action without prejudice.

In any of the foregoing circumstances, the aggrieved party may file

an appropriate special civil action as provided in Rule 65.
 RULE 45

Section 1. Filing of petition with Supreme Court.

A party desiring to appeal by certiorari from a judgment, final order

or resolution of the Court of Appeals, the Sandiganbayan, the Court
of Tax Appeals, the Regional Trial Court or other courts, whenever
authorized by law, may file with the Supreme Court a verified
petition for review on certiorari. The petition may include an
application for a writ of preliminary injunction or other provisional
remedies and shall raise only questions of law, which must be
distinctly set forth. The petitioner may seek the same provisional
remedies by verified motion filed in the same action or proceeding at
any time during its pendency.

RULE 58

Sec. 5. Preliminary injunction not granted without notice;

exception. No preliminary injunction shall be granted without
hearing and prior notice to the party or persons sought to be
enjoined. If it shall appear from facts shown by affidavits or by the
verified application that great or irreparable injury would result to
the applicant before the matter can be heard on notice, the court to
which the application for preliminary injunction was made, may
issue ex parte a temporary restraining order to be effective only for
a period of twenty (20) days from service on the party or person
sought to be enjoined, except as herein provided. Within the twenty-
day period, the court must order said party or person to show cause
at a specified time and place, why the injunction should not be
granted. The court shall also determine, within the same period,
whether or not the preliminary injunction shall be granted, and
accordingly issue the corresponding order.

However, subject to the provisions of the preceding sections, if the

matter is of extreme urgency and the applicant will suffer grave
injustice and irreparable injury, the executive judge of a multiple-
sala court or the presiding judge of a single-sala court may issue ex
parte a temporary restraining order effective for only seventy-two
(72) hours from issuance, but shall immediately comply with the
provisions of the next preceding section as to service of summons
and the documents to be served therewith. Thereafter, within the
aforesaid seventy-two (72) hours, the judge before whom the case is
pending shall conduct a summary hearing to determine whether the
temporary restraining order shall be extended until the application
for preliminary injunction can be heard. In no case shall the total
period of effectivity of the temporary restraining order exceed twenty
(20) days, including the original seventy-two hours provided herein.

In the event that the application for preliminary injunction is denied

or not resolved within the said period, the temporary restraining
order is deemed automatically vacated. The effectivity of a
temporary restraining order is not extendible without need of any
judicial declaration to that effect, and no court shall have authority
to extend or renew the same on the same ground for which it was
issued.

However, if issued by the Court of Appeals or a member thereof, the

temporary restraining order shall be effective for sixty (60) days
from service on the party or person sought to be enjoined. A
restraining order issued by the Supreme Court or a member thereof
shall be effective until further orders.

The trial court, the Court of Appeals, the Sandiganbyan or the

Court of Tax Appeals that issued a writ of preliminary injunction
against a lower court, board, officer, or quasi-judicial agency shall
decide the main case or petition within six (6) months from the
issuance of the writ.

RULE 65

Sec. 4. When and where to file the petition. The petition shall be
filed not later than sixty (60) days from notice of the judgment,
order or resolution. In case a motion for reconsideration or new trial
is timely filed, whether such motion is required or not, the petition
shall be filed not later than sixty (60) days counted from the notice
of the denial of the motion.

If the petition relates to an act or an omission of a municipal trial

court or of a corporation, a board, an officer or a person, it shall be
filed with the Regional Trial Court exercising jurisdiction over the
territorial area as defined by the Supreme Court. It may also be filed
with the Court of Appeals or with the Sandiganbayan, whether or
not the same is in aid of the courts appellate jurisdiction. If the
petition involves an act or an omission of a quasi-judicial agency,
unless otherwise provided by law or these rules, the petition shall
be filed with and be cognizable only by the Court of Appeals.

In election cases involving an act or an omission of a municipal or a

regional trial court, the petition shall be filed exclusively with the
Commission on Elections, in aid of its appellate jurisdiction.

Sec. 7. Expediting proceedings; injunctive relief. The court in

which the petition is filed 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, enjoining the public respondent from further proceeding
with the case.

The public respondent shall proceed with the principal case within
ten (10) days from the filing of a petition for certiorari with a higher
court or tribunal, absent a temporary restraining order or a
preliminary injunction, or upon its expiration. Failure of the public
respondent to proceed with the principal case may be a ground for
an administrative charge.

Sec. 8. Proceedings after comment is filed. After the comment or

other pleadings required by the court are filed, or the time for the
filing thereof has expired, the court may hear the case or require
the parties to submit memoranda. If, after such hearing or filing of
memoranda or upon the expiration of the period for filing, the court
finds that the allegations of the petition are true, it shall render
judgment for such relief to which the petitioner is entitled.

However, the court may dismiss the petition if it finds the same
patently without merit or prosecuted manifestly for delay, or if the
questions raised therein are too unsubstantial to require
consideration. In such event, the court may award in favor of the
respondent treble costs solidarily against the petitioner and
counsel, in addition to subjecting counsel to administrative
sanctions under Rules 139 and 139-B of the Rules of Court.

The Court may impose motu proprio, based on res ipsa loquitur,
other disciplinary sanctions or measures on erring lawyers for
patently dilatory and unmeritorious petitions for certiorari.