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Judicial

Precedent 1More Judicial Precedent Resources:

Judicial Precedent - Lecture Notes #2

INTRODUCTION

Judicial precedent means the process whereby

judges follow previously decided cases wherethe facts are of sufficient similarity. The

doctrine of judicial precedent involves an

application of the principle ofstare decisisie, 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 earliercases. This provides consistency and

predictability in the law.
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RATIO DECIDENDI AND OBITER DICTUM

The decision or judgement of a judge may fall

into two parts: the ratio decidendi(reason forthe 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 acase 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 tospeculate 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 bindingin later cases because it was not strictly relevantto the matter in issue in the original case.


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However, an obiter dictum may be of persuasive

(as opposed to binding) authority in later cases.

A difficulty arises in that, although the judgewill 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 morethan one ratio.

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TO: COURT OF APPEALS,

REGIONAL TRIAL
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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 THECOURT OF APPEALS

AND TO THE SUPREME


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COURT.

1. No Common Mode ofAppeal to Court of

Appeals and Supreme

Court. The provisions of

Rules 41 and 42 of the

Rules of Court prescribinga common mode of

appeal to the Court of

Appeals and to the

Supreme Court and a

common procedure forconsidering and resolving

an appeal, are no longer

in force. They have been

largely superseded and

rendered functus officio

by certain statutes whichwrought substantial

changes in the appellate


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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 theSupreme Court.- Except

in criminal cases where

the penalty imposed is

life imprisonment or

reclusion perpetua,

judgments of regionaltrial courts may be

appealed to the Supreme


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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 ofthe provision of the

Interim Rules that

"(a)ppeals to the

Supreme Court shall be

taken by petition forcertiorari which shall be

governed by Rule 45 of

the Rules of Court." [2]

3.Appeals to the Court ofAppeals. On the other

hand, appeals by

certiorari will not lie with
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the Court of Appeals.[2a]

Appeals to that Court

from Regional Trial Courtsmay be taken:chanroblesvirtuallawlibrary

(a) By writ error

[ordinary appeal]

where the appealedjudgment was rendered

in a civil or criminal

action by the Regional

Trial Court in the

exercise of its originaljurisdiction; or

(b) By petition for

review where the

judgment was

rendered by theRegional Trial Court in

the exercise of its
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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


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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 bycertiorari taken to the

Supreme Court from

the Regional Trial

Court is ordinarily

proscribed, the

Supreme Court

nonetheless retains

the option, in the


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exercise of its sound

discretion and

considering the

attendant

circumstances, either

itself to take

cognizance of and

decide such issues orto refer them to the

Court of Appeals fordetermination.cralaw

(c) Raising issuespurely of law in the

Court of Appeals, or

appeal by wrong

mode. If an appeal

under Rule 41 is taken

from the Regional TrialCourt to the Court of

Appeals and therein


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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 attemptedfrom the judgment

rendered by a Regional

Trial Court in the

exercise of its

appellate jurisdictionby notice of appeal,

instead of by petition

for review, the appealis inefficacious and

should be dismissed.cralaw

(d) No transfer of

appeals erroneously


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taken.No transfer of

appeals erroneously

taken to the Supreme

Court or to the Court

of Appeals to

whichever of these

Tribunals has

appropriate appellatejurisdiction will be

allowed; [5] continued

ignorance or willful

disregard of the law on

appeals will not betolerated.cralaw

(e) Duty of counsel.

It is, therefore,

incumbent upon every

attorney who wouldseek review of a

judgment or order


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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 ascertaincarefully which Court

has appellate

jurisdiction; and

finally, to follow

scrupulously therequisites for appeal

prescribed by law,

ever aware that anyerror or imprecision in

compliance may wellbe fatal to his clientscause.[6]


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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


17/107

[1] 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 leagalityof 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.

[2] Par. 25, Sub-Head F.,

Appeal to the Supreme Court;

cf., Pars. 16-24, Sub-Head E,

Appellate Procedure [in theIntermediate Appellate Court].


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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 theSupreme Court on certiorari by

the aggrieved party within

thirty days from receipt of a

copy thereof [Sec. 7, ART. IX,

1987 Constitution].

[2a] R.A. No. 6657 [1988]

provides, however, that

appeals from the Agrarian

Reform Arbitration Board of

the Department of AgrarianReform shall be taken to the

Court of Appeals by certiorari


19/107

within 15 days from notice of

final judgment or order [Sec.

54]

[3] In Service Specialists, Inc.

v. Sheriff of Manila, 145 SCRA

139, the difference in modes of

appeal was once againemphasized, 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 asamended by Republic Act No.

5440 and Section 25 of the


20/107

Interim Rules," and not by "a

notice of appeal to the

Intermediate Appellate Court."

[4] See fn. 2a, supra.

[5] SEC. 13 [second par.],

Rule 124, as amended, doesspeak 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


21/107

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 Courtfor review."

[6] See, e.g., Circular No. 1-

88, effective January 1, 1989.

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CRALAWFacebook

RULE 124 -

PROCEDURE IN THE
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COURT OFAPPEALSSection 1. Title of the case. In all criminal cases appealed to the

Court of Appeals, the party appealing the case shall be calledthe "appellant" and the adverse party the "appellee," but thetitle of the case shall remain as it was in the court of origin.

Sec. 2. Appointment of counsel de officio for the accused. Ifit appears from the record of the case as transmitted that (a)the accused is confined in prison, (b) is without counsel departe on appeal, or (c) has signed the notice of appeal himself, askthe 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, beassigned a counsel de officio within ten (10) days from receipt of thenotice 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 fromthe clerk of court of the Court of Appeals that the evidence,oral and documentary, is already attached to the record, theappellant shall file seven (7) copies of his brief with the clerk of courtwhich shall be accompanied by proof of service of two (2) copiesthereofupon the appellee.

Sec. 4. When brief for appellee to be filed; reply brief of the


27/107

appellant. Within thirty (30) days from receipt of the brief of theappellant, the appellee shall file seven (7) copies of the brief of theappellee with the clerk of court which shall be accompanied byproof of service of two (2) copies thereof upon the appellant.

Within twenty (20) days from receipt of the brief of the appellee, theappellant may file a reply brief traversing matters raised in the formerbut not covered in the brief of the appellant.

Sec. 5. Extension of time for filing briefs. Extension of timefor the filing of briefs will not be allowed except for good andsufficient cause and only if the motion for extension is filedbefore the expiration of the time sought to be extended.

Sec. 6. Form of briefs.

Briefs shall either be printed, encoded ortypewritten in double space on legal size good quality unglazedpaper, 330 mm. in length by 216 mm. in width.

Sec. 7. Contents of brief. The briefs in criminal cases shall havethe same contents as provided in sections 13 and 14 of Rule 44. Acertified true copy of the decision or final order appealed from shallbe appended to the brief of the appellant.

Sec. 8. Dismissal of appeal for abandonment or failure toprosecute. The Court of Appeals may, upon motion of the appelleeor motu proprio and with notice to the appellant in either case,dismiss the appeal if the appellant fails to file his brief within the timeprescribed by this Rule, except where the appellant isrepresented by a counsel de officio.

The Court of Appeals may also, upon motion of the appellee ormotu proprio, dismiss the appeal if the appellant escapes fromprison or confinement, jumps bail or flees to a foreign country

during the pendency of the appeal.


28/107

WHEN CAN THE COURT

OF APPEALS DISMISS ANAPPEAL?1. The Court of Appeals may, upon motion of the appellee or motuproprio and with notice to the appellant in either case, dismiss the appealif the appellant fails to file his brief within the timeprescribed by this Rule, except where the appellant is represented by acounsel de officio.

2. The Court of Appeals may also, upon motion of the appellee ormotu proprio, dismiss the appeal if the appellant escapes from prisonor confinement3. The Court of Appeals may also, upon motion of the appellee ormotu proprio, dismiss the appeal if the appellant jumps bail4. The Court of Appeals may also, upon motion of the appellee ormotu proprio, dismiss the appeal if the appellant flees to a foreign countryduring the pendency of the appeal5. The Court of Appeals may also, motu propio dismiss the appeal if theappellant fails to prosecute

6. The Court of Appeals may also, motu propio dismiss the appeal if theappellant abandons his appeal

Sec. 9. Prompt disposition of appeals.Appeals of accused who are underdetention shall be given precedence in their disposition over otherappeals. The Court of Appeals shall hear and decide theappeal at the earliest practicable time with due regard to the rights of theparties. The accused need not be present in court during the hearing of theappeal.

Sec. 10. Judgment not to be reversed or modified except forsubstantial error. No judgment shall be reversed or modified unlessthe Court of Appeals, after an examination of the record andof the evidence adduced by the parties, is of the opinion that terror wascommitted which injuriously affected the substantial rights of the appellant.


29/107


30/107

The power to revise is not given because it is changing the

manner of the penning of the judgment of the trial judgeIt is violative of the rule that the judge must write the decision

personally

MUST ALL BE ALLEGEDIN THE APPEAL IN ORDERTO REVIEW THE CASE IN

ITS ENTIRETY?No.

An appeal in criminal proceedings throws the whole case open forreview. It is the duty of the appellate court to correct such errors as mightbe 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 andperform any and all acts necessary to resolve factual issuesraised in cases (a) falling within its original jurisdiction, (b) involvingclaims for damages arising from provisional remedies, or (c) where thecourt grants a new trial based only on the ground ofnewly-discovered evidence.

CAN THE COURT OFAPPEALS ACCEPT


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EVIDENCE DURING AN

APPEAL?Generally, an appellate court doesnt acceptnew evidence during anappeal. Its decision is based on the records and other documents

forwarded to it by the lower courtsIt can accept evidence though in the resolution of contentious

factual issues, which are raised in cases:1. Falling within its original jurisdiction2. Involving claim for damages arising from provisional remedies3. Where the court grants a new trial based on the ground of newly-

discovered evidence

Sec. 13. Quorum of the court; certification or appeal of cases toSupreme Court.Three (3) Justices of the Court of Appeals shallconstitute a quorum for the sessions of a division. The unanimousvote of the three (3) Justices of a division shall be necessary forthe pronouncement of a judgment or final resolution, which shall bereached in consultation before the writing of the opinion by a memberof the division. In the event that the three (3) Justices can not reach a

unanimous vote, the Presiding Justice shall direct the raffle committeeof the Court to designate two (2) additional Justices to sit temporarilywith them, forming a special division of five (5) members and theconcurrence of a majority of such division shall be necessary for thepronouncement of a judgment orfinal resolution. The designation of such additional Justices shall be madestrictly 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 acase, the court, after discussion of the evidence and the lawinvolved, 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 andforthwith certify the case and elevate the entire record thereof to the


32/107

Supreme Court for review.

HOW DOES THE CADECIDE 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 finalresolution, 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 temporarilywith them, forming a special division of five (5) members and theconcurrence of a majority of such division shall be necessary for thepronouncement of a judgment or final resolution. The designation ofsuch additional Justices shall be made strictly by raffle and rotationamong all other Justices of the Court of Appeals.

NB: There is tyranny of the minority. In case one of the threejustices in a division disagrees, he wins even if it is 2 against 1. A.M. No.

00-5-03-SCRE: AMENDMENTS TO THE REVISED RULES OF CRIMINALPROCEDURE TO GOVERN DEATH PENALTY CASES RESOLUTION

Acting on the recommendation of the Committee on Revision of the Rulesof Court submitting for this Court's consideration and approval theProposed Amendments to the Revised Rules of Criminal ProcedureTo Govern Death Penalty Cases, the Court Resolved to APPROVE the

same.

The amendments shall take effect on October 15, 2004 following itspublication in a newspaper of general circulation not later thanSeptember 30, 2004.

September 28, 2004.


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

AMENDED RULES TOGOVERN REVIEW OF

DEATH PENALTY CASESRule 122, Sections 3 and 10, and Rule 124, Sections 12 and 13, of theRevised Rules of Criminal Procedure, are amended as follows:

Rule 122

Sec. 3. How appeal taken.(a) The appeal to the Regional TrialCourt, or to the Court of Appeals in cases decided by the Regional Trial

Court in the exercise of its original jurisdiction, shall be bynotice of appeal filed with the court which rendered the judgment or finalorder appealed from and by serving a copy thereof upon the adverseparty.

(b) The appeal to the Court of Appeals in cases decided by theRegional Trial Court in the exercise of its appellate jurisdiction shall be bypetition for review under Rule 42.

(c) The appeal in cases where the penalty imposed by the Regional TrialCourt is reclusion perpetua, life imprisonment or where a lesserpenalty is imposed for offenses committed on the sameoccasion or which arose out of the same occurrence that gave rise to themore, serious offense for which the penalty of death, reclusionperpetua, or life imprisonment is imposed, shall be bynotice of appeal to the Court of Appeals in accordance with


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paragraph (a) of this Rule.

(d) No notice of appeal is necessary in cases where the Regional TrialCourt imposed the death penalty. The Court of Appeals shallautomatically review the judgment as provided in Section 10 of thisRule. (3a)

x x x

Sec. 10. Transmission of records in case of death penalty. In all caseswhere the death penalty is imposed by the trial court, the recordsshall be forwarded to the Court of Appeals for automaticreview and judgment within twenty days but not earlier than fifteendays from the promulgation of the judgment or notice of denial of a

motion for new trial or reconsideration. The transcriptshall also be forwarded within ten days after the filing thereof by thestenographic reporter. (10a)

x x x

Rule 124

Sec. 12. Power to receive evidence.The Court of Appeals shallhave the power to try cases and conduct hearings, receive evidence andperform all acts necessary to resolve factual issues raised incases falling within its original and appellate jurisdiction, including thepower to grant and conduct new trials or further proceedings. Trials orhearings in the Court of Appeals must be continuous andmust be completed within three months, unless extended by the ChiefJustice. 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 refrainfrom making an entry of judgment and forthwith certify the case andelevate its entire record to the Supreme Court for review.

(b) Where the judgment also imposes a lesser penalty for offensescommitted on the same occasion or which arose out of the sameoccurrence that gave rise to the more severe offense for which the


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penalty of death is imposed, and the accused appeals, the appealshall be included in the case certified for review to, the SupremeCourt.

(c) In cases where the Court of Appeals imposes reclusion perpetua,life imprisonment or a lesser penalty, it shall render and enter judgmentimposing such penalty. The judgment may be appealed to theSupreme Court by notice of appeal filed with the Court of Appeals.

WHAT IS THE

PROCEDURE WHEN THECA FINDS THAT THEPENALTY TO BEIMPOSED IS DEATH,

RECLUSION PERPETUA,OR LIFEIMPRISONMENT?

Whenever the Court of Appeals finds that the penalty of deathshould be imposed, the court shall render judgment but refrain frommaking 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 sameoccurrence that gave rise to the more severe offense for which the penaltyof death is imposed, and the accused appeals, the appeal shall be included


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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 THEDECISION APPEALED

TO THE CA ISPURELY QUESTIONS OFLAW?

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 ofAppeals convicting the appellant becomes final, the lattermay move for a new trial on the ground of newly-discoveredevidence material to his defense. The motion shall conform with theprovisions of section 4, Rule 121.

CAN THE CA CONDUCT ANEW TRIAL?

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


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4, Rule 121

WHAT IS NEWLY-DISCOVERED EVIDENCE?This is material evidence that can change the outcome of the

judgment when admitted

WHEN SHOULD THENEWLY-DISCOVEREDEVIDENCE BEDISCOVERED?

The evidence must be discovered after the perfection of appeal,but before the CA renders its judgment, because after the perfectionof 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 AMOTION FOR RECONSIDERATION INSTEAD?

No since a motion for reconsideration only covers errors of facts or

laws and not newly-discovered evidence, which pertains exclusivelyas a ground for new trial


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WHY IS THE PERIOD FOR

FILING A MOTION FORNEW TRIAL FROM ADECISION OF THE RTCDIFFERENT 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, theCourt of Appeals may conduct the hearing and receive evidence asprovided 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 orderof the Court of Appeals with copies thereof served upon theadverse party, setting forth the grounds in support thereof. Themittimus shall be stayed during the pendency of the motion forreconsideration. No party shall be allowed a second motion forreconsideration of a judgment or final order.

WHEN SHOULD A MOTIONFOR RECONSIDERATIONBE FILED?


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A motion for reconsideration shall be filed within fifteen (15) days fromnotice of the decision or final order of the Court of Appeals with copiesthereof served upon the adverse party, setting forth the grounds in

support thereof.

The mittimus shall be stayed during the pendency of the motion forreconsideration. 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 ofjudgment of the Court of Appeals is issued, a certified true copy of thejudgment shall be attached to the original record which

shall be remanded to the clerk of the court from which the appeal wastaken.

WHAT SHOULD BEDONE AFTER THE

JUDGMENT OF THE CAHAS BECOME FINAL?

When the judgment of the CA becomes final, a certified true copy ofthe judgment shall be attached to the original record which shall be


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remanded to the clerk of the court from which the appeal was taken.

Sec. 18. Application of certain rules in civil procedure to criminalcases.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 inoriginal and appealed civil cases shall be applied to criminal cases insofaras they are applicable and not inconsistent with the provision of thisRule.

1999 INTERNAL RULES OF THE COURT OF APPEALS (IRCA)

Pursuant to the provisions of Section 12 of Batas Pambansa Blg. 129, otherwise known as theJudicial 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 thefollowing Rules to be known as the 1999 Internal Rules of the Court of Appeals (IRCA):

Rule IORGANIZATIONAL SET-UP

Section 1.Composition of the Court. Unless otherwise provided by law, the Court of Appealsshall 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 areclassified 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 writingto 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 asfollows: 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, forcases coming from the sixth, seventh, and the twenty-first, twenty-second and twenty-

third Divisions in Cagayan de Oro City, for cases coming from the ninth, tenth, eleventhand twelfth judicial regions (R.A. 8246)

b. Whenever demanded by public interest or justified by an increase in caseload, theSupreme Court, upon its initiative or upon recommendation of the Presiding Justice, mayauthorize any Division of the Court to hold sessions at such places and for such places


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and for such period as the Supreme Court may determine, for the purpose of hearingand 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 bancshall be presided by the PresidingJustice, 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 orunavailability, 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) shallconstitute 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 theirunanimous 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 beconstituted in the manner provided in Section 6 hereof.

Section 5.Reorganization of Divisions.

a. Reorganization of the Divisions shall be effected whenever a permanent vacancyoccurs 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 mostjunior 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 regularjunior 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 unanimousvote, its chairman shall direct the Raffle Committee to designate by raffle two (2) additionalmembers 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 benecessary for the pronouncement of a decision or resolution. (N)

Section 7.Rule on Precedence. The Presiding Justice enjoys precedence over all the othermembers 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 theSupreme Court. (Sec. 7, Rule 1, RIRCA)


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Section 8.Application of the Rule on Precedence. The rule on precedence shall be appliedin the following instances:

(a) In case of vacancy in the office of the Presiding Justice or in his absence or inabilityto perform the powers, functions and duties of his office, the Associate Justice who isfirst 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 hasqualified;

(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 beobserved 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 ofremuneration 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 Justicesare appointed and there are not enough cases to be assigned to them, the Presiding Justiceshall 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 ofsuch 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 officeor 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 CourtThe 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 theCourt. He shall take charge of the administrative operations of the Court and exercisegeneral or administrative supervision over subordinate officials and employees, except

the co-terminus staff. He shall assists the Presiding Justice in the formulation ofprograms and policies for the consideration of the Court en banc.

b.Assistant Clerk CourtThe Assistant Clerk of Court shall assist the Clerk of Court inthe performance of his duties and functions and perform such other duties and functionsas the Presiding Justice or the Clerk of Court may assign to him. In case of vacancy in


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the position of the Clerk of Court, or in his absence or capacity, the Assistant Clerk ofCourt 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 CourtEach Division of the Court shall be assisted by a staffcomposed 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 theexigencies 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 theDivision; 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 tobe 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 ofbriefs, memoranda and other legal papers within the allowable periods; prepare

the agenda of motions and other incidents for action by the Division; issue minuteresolutions, notices of decisions, resolutions and hearings, summonse,

subpoenas, writs and other processes under the authority of the Division; attendthe hearings of the Division, supervise the stenographers in the recording of the

proceedings, and prepare the minutes thereof; receive the decisions andresolutions 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 anyparty or parties to comply with any resolution or order of the Court within the

period prescribed therefor. (Sec. 11, Rule 1, RIRCA)

d. Court ReporterThe Reporters shall:

(1) Keep custody of the original copies of the decisions and final resolutions ofthe Court; cause the binding of the same in separate volumes; have supervision

and control over his staff; distribute to the Justices copies of apparentlyconflicting decisions of the Court of which they should be apprised;

(2) Publish, with the consent of theponente, in the Official Gazette and in theCourt of Appeals Reports the decisions and final resolutions together with their

syllabi in consultation with theponente;

(3) Prepare, syllabi of all decision and final resolutions of the Court that havebecome 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 aconcise synopsis of the facts necessary for a clear understanding of the case,

the names of counsel, the material and controverted points involved, the


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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 andpublish the same in the Official Gazetteand 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 theCourt 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 reportedand 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 upongood 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 uponwritten 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 decisionand 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 bythe Court en bancfor appointment by the Supreme Court. All other personnel of the Court shall

be recommended by the Presiding Justice. Upon receipt of the Supreme Court resolutionappointing 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 forappointment 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 ofthe 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 2JURISDICTION AND POWERS OF THE COURT

Section 1.Exercise of Powers and Functions. The Court shall exercise its adjudicatorypowers, functions and duties through its twenty-three (23) divisions. It sits en bancfor the

exercise of administrative, ceremonial and non-adjudicatory functions. (RA 8246 and Sec. 1,Rule 2, RIRCA)


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Section 2.Matters Cognizable by the Court En Banc. The Court shall sit in en bancto,among other things:

(a) Promulgate rules relative to the organization or reorganization of the Divisions of theCourt, 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 ofexisting 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 protectionand 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 toreach 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 andapplication of any question or provision of law;

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

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

(g) Receive foreign and local dignitaries, important guests and visitors, honor acolleague 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 byDivisions. 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, habeascorpus, 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 Courtor other tribunals;


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

(e) Authority to receive newly discovered evidence relied upon by the movant in caseswithin 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 actagainst 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, includingpetitions for review; and

(4) Subject to constitutional and statutory requirements, adopt its own rules in theconduct of hearings, preparation of agenda, determination of cases and incidentsand rendition of decisions or resolutions. (Sec. 3, Rule 2, RIRCA)

Rule 3FILING, 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 ofcases 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 ofCourt 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 anotice of hearing. (Sec. 11, Rule 13, RIRCA)

b. Proof of service of such pleadings, motions or other papers on the adverse party orparties must be shown therein. If not served personally, there must be a writtenexplanation 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 personnaldelivery or by registered mail.


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b. If filed personally, the pleadings, motions or other papers shall be deemed filed withthe 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 deemedfiled 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, privatemessengerial 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 precedingparagraph 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 theCourt and not with the Justices or Division Clerks of Court.

b. Upon receipts of pleadings, motions or other papers filed by personal delivery, theReceiving 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 indicateon the first page of the pleading, motion or other papers the date of actual receipt by theCourt 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 timeof 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 strictlyby 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 forassignment to a Justice for study and report;

(c) Special cases or petitions, including petitions for review under Rules 42 and 43 of theRules 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 otherpetitions, shall be raffled to a Justice for completions, study and report; and


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(d) When a Justice to whom a case is raffled cannot, for any cause or reason, actthereon, 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 theJustices 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 thePresiding 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 withdetention prisoners; (4) habeas corpuscases; (5) labor cases; (6) agrarian cases; (7)Civil Services Commission and Ombudsman cases; (8) other petitions; and (9) cases

involving substitution of aponente, or requiring the temporary designation of a Justice orJustices 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 onlywhen 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 RaffleCommittee for the day or by any its members present; otherwise, the Presiding Justicehimself 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 thefollowing working day.

g. Upon retirement or cessation from office of a Justice, his pending cases shall be re-raffled within three (3) months, unless otherwise directed by the Presiding Justice, to the

other Justices, except in those cases contemplated in Section 3 (e), Rule 12 hereof,which shall be re-raffled between the remaining Justices of the Division who participated

therein.

h. Whenever a Justice goes on leave, or three (3) months before he retires, he shall beexempt from the raffle of cases. (Sec. 6, Rule 3, RIRCA)

Section 8.Consolidation of Cases. Whenever related cases are assigned to differentJustices, 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 theconformity 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.


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b. Consolidated cases shall pertain

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

(2) To the Justice to whom the criminal case with the lowest docket number hadbeen 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 whomthe 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 fromwhom the consolidated case or cases have been taken, a case or cases of his own inexchange for those assigned to him. The case given in exchange should as much aspossible 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 temporaryrestraining 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 theJudicial Records Division. (Sec. 7, Rule 3, RIRCA)

Section 9.Action by the Presiding Justice. When a petition includes an application for writof habeas corpus, or a temporary restraining order, or involves any other urgent matter andthere 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 withSection 7 of this Rule.

Section 10.Action by a Justice. The following may be acted upon by the Justice to whom thecase 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, oppositionsand 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 assignedis absent or unavailable, the motions enumerated in the preceding section may be acted uponby the Chairman or in his absence, by the other member of the Division. If all the members of


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the Division are absent, any application for a writ of habeas corpusor a temporary restrainingorder 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 theDivision:

(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 ofCourt. (Sec. 11, Rule 3, RIRCA)

Section 13.Action by Division Clerks of Court. The Division Clerks of Court may, uponwritten 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, motionsand other papers;

(d) To require service of copies of briefs, pleadings, motions or other papers upon theadverse 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 appealof 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 andreport 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 beenserved 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 JudicialRecords Division shall be entered in the docket book and shall be attached properly to


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the rolloof the case, paged consecutively and thereafter forwarded to the Division Clerkof Court concerned within two (2) working days.

b. If the pleadings, motions or other papers do not fall within the authority of the DivisionClerk of Court to act upon, he shall cause an agendum thereof to be submitted to theDivision 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, theantecedents of the case which are necessary for the understanding of the matter, asynopsis 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 4PROCEDURE IN ORDINARY APPEALS IN CIVIL CASES

Section 1.How Taken. The appeal to the Court in cases decided by the Regional Trial Courtin the exercise of its original jurisdiction shall be taken by filling a notice of appeal with the courtwhich rendered the judgment or final order appealed from and serving a copy thereof upon theadverse party. No record on appeal shall be required except in special proceedings and othercases 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 ofCourt, the title of the case shall remain as it was in the court of origin, but the party appealingthe 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, theappellant shall file a notice of appeal and a record on appeal within thirty (30) days from noticeof 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. Nomotion for extension of time to file a motion for new trial or reconsideration shall be allowed.


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 courtwhich 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 betransmitted 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), Rule50, RCP)

Section 5.Counsel and Guardians. The counsel and guardians ad litem of the parties in thecourt of origin shall be respectively considered as their counsel and guardians ad litemin this


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Court. When others appear or are appointed, notice thereof shall be served immediately on theadverse 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 originalrecord 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 ofcorrectness, and the original documentary evidence referred to therein and three (3) copies ofthe 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 andthe accompanying documents and exhibits transmitted by the lower court, as well as the proofof 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, theJudicial 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 thecompletion 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 notbe 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, maydeclare that the record and its accompanying transcripts and exhibits so far available aresufficient 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, withinforty-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.


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, mimeographedor 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'sbrief, 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 thereare several appellants or appellees, each counsel representing one or more but not all of themshall 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)


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Section 14.Extension of Time for Filing Brief.Extension of time for the filing of brief will notbe 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 orderherein indicted, the following:

(a) A subject index of the matter in the brief with a digest of the arguments and pagereferences, 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 thenature 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 anunderstanding 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 narrativeform of the facts admitted by both parties and of those in controversy, together with thesubstance 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 theCourt for its judgment;

(f) Under the heading "Argument", the appellant's arguments on each assignment oferror 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 thecitation is found;

(g) Under the heading "Relief", a specification of the order or judgment which theappellant 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 orderherein indicated, the following:

(a) A subject index of the matter in the brief with a digest of the arguments and pagereferences, 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 thestatement 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


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appellant's statement of facts with references to the pages of the record in supportthereof, 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 caseon each assignment of error with page references to the record. The authorities reliedupon 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 amotion 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 issuesframed 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 CivilSection of the Judicial Records Division shall immediately:

(1) Check proof of payment of the full amount of the appellate court docket andother 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 ofthis 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 raffledfor completion of records;

(4) Report to the Division Clerk of Court concerned the specific lacking portionsof 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 isreceived by mail without explanation for its incompleteness for him to get therecords 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 ofthe 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 shallimmediately check the records in the presence of the filer, refuse acceptance thereof ifincomplete, issue a list of the missing portions of the records, and require the branchclerk 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 senda notice directly to the stenographer concerned. A notice shall also be issued to


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appellant's counsel with a warning that failure on his part to take the necessary steps tocomplete 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 thename 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, ormimeographed or printed on newsprint or mimeograph paper, 11 inches in length by 8-1/2 inches in width (commonly known as letter size) or 13 inches in length by 8-1/2 in

inches in width (commonly known as legal size). There shall be a margin at the top andat the left-hand side of each page not less than 1-1/2 inches in width. The contents shallbe 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 signedand dated.

Section 21.When Case Deemed Submitted.

a. After the briefs have been filed or the periods for their filing have expired, the JudicialRecords 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 andreport.

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 JudicialRecords Division in Chronological order according to the date when the case is deemedready 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 thenumber 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 ownmotion 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 thisCourt 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 forreview 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 appropriatecourt but shall be dismissed outright. (Sec. 2, Rule 50, RCP)


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Section 24.Withdrawal of an Appeal. An appeal may be withdrawn as of right at any timebefore 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 5PROCEDURE IN ORDINARY APPEALS IN CRIMINAL CASES

Section 1.Processing of Criminal Cases. The original records of criminal cases shall beprocessed 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 shallbe 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 theaccused is confined in prison, without counsel, and has signed the notice of appeal himself orwhere the accused is not confined in prison but request, within ten (10) days from receipt ofnotice to file his brief, to be defended de oficioand his request is supported by an affidavit ofproverty, 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 todefend 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 ofSections 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 Courtand 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 orforfeiture of bail bonds shall be treated as appeals in civil cases. The green-colored rollocoverfor 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 indirectcontempt 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 incase 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 theappellant 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)


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Section 9.Prompt Disposition of Cases. All appeals where the accused is under detentionshall have precedence over other appeals. The court shall hear and decide the appeal at theearliest practicable time with due regard to the rights of the

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