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2001 Edition <draft copy. pls. check for errors> Original Cases
Rule 46
ORIGINAL CASES
Q: What are these original cases which can be filed in the CA?
A: Under Section 9 of BP 129, Certiorari, prohibition, mandamus, quo warranto, annulment of
judgment of the RTC.
The Annulment of Judgment of the RTC, which belongs to the exclusive original jurisdiction of the
CA, is governed by Rule 47.
Now, all the rest of the sections here are almost the same: how many copies, docket fees,
certification of non-forum shopping, etc…
Rule 44 on appeal to the CA, the caption of the case is the same as the caption in the RTC (e.g. in the
RTC, “RED HOT vs. LIMP BIZKIT”). You just add the word ‘appellant’ and ‘appellee.’ BUT in Rule 44 in
original cases, the parties are now called ‘petitioner’ and ‘respondent.’
Therefore, the provisions of Rules 65, 66 and 47 which apply to this original action should be read
with Rule 46.
Just read Section 3. Take note of the second paragraph which was inserted in 1998 by SC Circular
39-98).
action or proceeding, he must state the status of the same; and if he should
thereafter learn that a similar action or proceeding has been filed or is
pending before the Supreme Court, the Court of Appeals, or different divisions
thereof, or any other tribunal or agency, he undertakes to promptly inform the
aforesaid courts and other tribunal or agency thereof within five (5) days
therefrom.
The petitioner shall pay the corresponding docket and other lawful fees to
the clerk of court and deposit the amount of P500.00 for costs at the time of
the filing of the petition.
The failure of the petitioner to comply with any of the foregoing
requirements shall be sufficient ground for the dismissal of the petition. (n)
When you file an original action before the CA like certiorari, normally under Section 3 you already
furnish the adverse party with a copy of your petition. Then the CA will now issue a resolution, like for
example, “Defendant/Respondent, you are given so many days to comment.”
That is how the CA acquires jurisdiction over your person – by serving you a copy of the order
indicating its initial action. So there is no more summons because you were already furnished a copy
earlier.
Sec. 5. Action by the court. The court may dismiss the petition outright
with specific reasons for such dismissal or require the respondent to file a
comment on the same within ten (10) days from notice. Only pleadings required
by the court shall be allowed. All other pleadings and papers may be filed only
with leave of court. (n)
-oOo-