The Lawphil Project - Arellano Law Foundation

2002 INTENAL RULES OF THE COURT OF APPEALS

August 2, 2002

Republic of the Philippines

SUPREME COURT
Manila

2002 INTERNAL RULES OF THE COURT OF APPEALS

Pursuant to Section 12 of the Judiciary Reorganization Act of

1980 (Batas Pambansa Blg. 129), as amended, the Court of Appeals
hereby adopts and promulgates these rules governing its internal
operating procedures. These rules shall be known and may be cited as
the 2002 INTERNAL RULES OF THE COURT OF APPEALS (IRCA).

RULE I
THE COURT, ITS ORGANIZATION AND OFFICIALS

Section. I. Composition of the Court of Appeals. – Unless otherwise

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

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

When a senior member is designated to act as Chairman of a Division,

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

Section 2. Station and Place of Holding Sessions. –

(a) Upon full implementation of Republic Act No. 8246, the

Court shall have its permanent stations as follows: the first
seventeen (17) Divisions shall be in the City of Manila for cases
 coming from the National Capital Judicial Region and the First,
Second, Third, Fourth and Fifth Judicial Regions; the eighteenth,
nineteenth and twentieth Divisions shall be in Cebu City for
cases coming from the Ninth, Tenth, Eleventh and Twelfth
Judicial regions.

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

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

Section 3. Exercise of Powers and Functions. – The Court of Appeals

shall exercise its adjudicative, powers, functions and duties through its
Divisions. It sits en banc in the exercise of administrative, ceremonial
and non-adjudicative functions. (Sec. 1, rule 2, RIRCA [a]).

Section 4. Court En Banc. The Court en banc shall be presided by the

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

Section 5. Matters Cognizable by the Court En Banc. – The Court en

banc shall, inter alia:

(a) Promulgate rules relative to the organization or reorganization

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

(b) Act on administrative matters, including regrouping, merger

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

(c) Adopt uniform administrative measures, procedures and

 policies for the disposition of cases and the promotion of
efficiency of the personnel ;

(d) Discuss and thresh out divergent views on a particular

question of law so as to reach a consensus thereon or minimize, if
not eliminate, conflict in decisions and resolutions of the
different divisions on the interpretation and application of a
provision of law;

(e) Take up other administrative matters which the Presiding

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

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

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

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

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

Section 6. Division of the Court - A Division of the Court shall be

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

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

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

The standing committees which shall assist the Court on various

matters are the following:

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

involving:

(1) Ethics and discipline of the members of the Court, its

 other judicial officers and employees. The Committee’s
tasks include the following:

(1.1) identify and address problem areas in the

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

(2) Questions involving consolidation of cases. The

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

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

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

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

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

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

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

(e) Committee on Records Management and Information Service

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

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

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

(h) Committee on Buildings and Grounds – On matters

involving: (1) the construction, repairs, improvements and
maintenance and disposal of vehicles, office equipment, supplies,
books, computers and furniture, and conducting required bidding
and awards.

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

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

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

or revision of internal rules of the Courts.

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

maintaining and improving the Court of Appeals official journal.

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

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

(m) Committee on Baguio Cottages and Administrative Building

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

Section 8. Jurisdiction and Manner of Exercise of Adjudicative Powers

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

In the exercise and discharge of the adjudicative powers, functions and

duties of the Court, the Divisions shall hold consultations. (Sec. 3, Rule
2 RIRCA [a]).

Section 9. Reorganization of Divisions. –

(a) Reorganization of Divisions shall be effected whenever a

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

(b) Should appointments to the Court require the creation of a

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

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

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

(d) When the members of a Division fail to reach a unanimous

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

Section 10. Other Court Officials and their Duties. –

(a) Clerk of Court. – The Clerk of Court is the administrative

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

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

(1) Disseminate information concerning court activities of

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

(2) Answer queries from litigants, counsel and interested

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

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

assigned to him by the Presiding Justice or the Court.

(b) Assistant Clerk of Court – The Assistant Clerk of Court shall

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

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

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

The Division Clerk of Court shall:

(1) Direct and supervise the staff of the Division; maintain

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

(2) Immediately report to the Justice concerned the failure

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

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

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

Division Chairman.

If only one or two Justices are left after a decision is

promulgated, it shall be the duty of the Division Clerk of the
former ponente to request the raffle Committee for substitution;
but if no Justice is left, the Chief of the Judicial Records Division
shall make the request for raffle.

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

(1) Keep custody of the originals of the decision and final

resolutions, which shall not be brought out of the Court
premises without the written authority of the Presiding
Justice; cause the binding thereof in separate volumes;
have supervision and control over his staff; and distribute
to the Justices copies of decision of first impression;
 (2) Release certified copies of decisions and resolutions
only upon written request, payment of the proper fees and
presentation of the corresponding receipt to the Court
Reporter;

(3) Publish in the Official Gazette and the Court of

Appeals Reports Annotated decisions and final resolutions
together with their syllabi in consultation with the
ponentes;

(4) Separate syllabi of decisions and final resolutions of

the Court that have become final and executory and
distribute them to the members of the Court;

(5) Prepare and publish with each reported decision and

final resolution a concise synopsis of the facts necessary
for a clear understanding of the case, the names of counsel,
the material and controverted points involved, the
authorities cited therein and a syllabus which shall be
confined to points of law; and

(6) Call the attention of the Presiding Justice to conflicting

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

Section 11. Appointments and resignation of Court Officials and Other

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

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

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

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

All resignation from office shall be indorsed by the Presiding Justice to

the Supreme Court for appropriate action. (sec. 12, Rule 1, RIRCA [a])

RULE II
RULE ON PRECEDENCE AND PROTOCOL

Section 1. Concept. – The Presiding Judge enjoys precedence over all

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

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

precedence shall be applied in the following instances:

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

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

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

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

functions;

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

and

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

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

Section 3. When Rule on Precedence is not Applicable. – Precedence in

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

Section 4. Ceremonial Protocol in En Banc Seession and Division

Hearing. –

(a) During an en banc session the most junior member of the

Court enters firts the Presiding Justice exits first. During a
Division hearing, the Chairman enters and exits first, followed by
the members according to seniority.

(b) As the first Justice enters the session hall for an en

banc session, the Clerk of Court announces: "The Honorable
Court of Appeals En Banc, presided byMr./Madame Presiding
Justice _____________, is now session. Silence is enjoined ."
With that announcement and after he reaches his chair , the
Presiding Justice bangs the gavel. All shall then take their seats.

In Division hearings, the Division Clerk of Court anounces: "The

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

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

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

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

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

RULE III
PROCEDURE IN RECEIVING, ASSIGNMENT AND
DISTRIBUTION OF CASES
Section 1. Manner of Filing; Duty of Receiving Section. -

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

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

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

(c) If the filing is by registered mail, the Receiving Section shall

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

(d) Pleadings, motions and other papers may also be filed by

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

Section 2. Raffle of Cases. -

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

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

(1) Appealed cases for completion of records shall be

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

(1.1) Records are deemed completed upon filing of

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

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

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

(2) Petitions for review under Rules 42 and 43 and Sec. 3

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

(3) When a Justice to whom a case is raffled for study and

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

(b) Raffle of cases for completion of records under paragraph (a)

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

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

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

(c) Raffle of cases shall be conducted by the Raffle Committee

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

The staff of the Raffle Committee as designated by the Presiding

Justice shall be under his direct control and supervision. (Sec.
6(b), Rule 3, RIRCA [a])

(d) No special raffle shall be conducted except for urgent

necessity therefor as determined and authorized in writing by the
Presiding Justice, or in his absence or unavailability, the most
senior Justice present. The special raffle shall be confidential and
shall be conducted during office hours by the Raffle Committee
for the day or any of its members. In their absence, the Presiding
Justice may personally conduct the raffle or assign another
Justice to do so. (Sec. (6)(e), Rule 3, RIRCA [a])

(e) To ensure equality in the number and nature of the cases

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

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

(g) Only civil and criminal cases not involving detention

prisoners shall be raffled to the Presiding Justice in the ratio of
1:4. (n)

(h) A Justice with an approved leave of absence exceeding thirty

 (30) days shall be exempt from the raffle of cases for the period
covered thereby. (Sec. 6(h), Rule 3, RIRCA [a])

(i) The Raffle Committee shall be furnished with a copy of the

approved leave of absence of a Justice at least a day before its
commencement.

In case of unavoidable circumstances, a written notice of his

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

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

(j) A Justice shall be excluded from raffle of cases three (3)

months before his retirement. (Sec. 6(I), Rule 3, RIRCA [a])

(k) Within three (3) months from retirement or cessation from

office of a Justice, his pending cases shall be raffled to the other
Justices, except those cases which must be raffled among the
remaining members of the Division who participated therein,
unless otherwise directed by the Presiding Justice. (n)

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

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

(a) At the instance of a party with notice to the other party; or at

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

(b) Consolidated cases shall pertain to the Justice -

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

(2) To whom the criminal case with the lowest docket

number is assigned, if two or more of the cases are
criminal and the others are civil or special;

(3) To whom the criminal case is assigned and the others

are civil or special; and

(4) To whom the civil case is assigned, or to whom the

civil case with the lowest docket number is assigned, if the
cases involved are civil and special.

(c) Notice of the consolidation and replacement shall be given to

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

Section 4. Replacement of Cases. -

(a) When cases pertaining to different Justices are consolidated,

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

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

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

(c) A case in which any of the actions or proceedings mentioned

in Sec. 2(d), Rule VI hereon has been taken shall not be given as
replacement. (n)

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

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

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

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

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

Member of the Court. -

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

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

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

RULE IV
PROCESSING OF CASES AND ACTION ON
INTERLOCUTORY MATTERS

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

Other Papers.-

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

(b) If the Division Clerk of Court has no authority to act on such

pleadings, motions and other papers, he shall prepare the agenda
and submit the same to the Division, thru the Justice concerned,
within three (3) working days from receipt in his office of the
 rollo, together with the pleadings, motions or other papers.

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

Section 2. Action by the Presiding Justice – When a petition involves

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

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

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

(a) Require proof of receipt of copies of briefs, pleadings,

motions and other papers by the parties;

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

(c) Require the parties to submit the required number of copies of

their pleadings and/or legible copies of the assailed decision or
order;

(d) Note the formal entry of appearance of counsel;

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

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

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

name.

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

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

(h) Send letter-tracers to the postmaster concerned for the

submission of the official date receipt of decisions and
resolutions by the parties.

(i) Note the compliance’s of stenographic reporters, branch clerks

of the court and postmasters.

(j) Send copies of decision and resolutions directly to the parties

in case the same, which were originally addressed to their
counsel , have been returned with the postal notation :
"Deceased" or other words similar import; and;

(k) Cause personal services of temporary restraining order and

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

Section 4. Processing of Ordinary Appeals -

(a) In Civil Cases

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

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

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

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

(1.2) Check if all the documents and papers required

under the Rules of Court have been transmitted,
prepare the corresponding rollo, docket the case and
assign the corresponding CA-GR. CV number.

(1.3) Submit the case to the raffle staff for inclusion

 in the list of cases for raffle;

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

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

(1.5) Write the branch clerk of the court which

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

(1.6) Within ten (10) days from completion of the

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

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

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

3. If the transcript of stenographic notes are incomplete,

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

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

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

5. When Case Deemed Submitted – After the brief have

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

(b) In Criminal Cases –

The original records of criminal cases shall be processed by the

Criminal Cases Section in accordance with this Section , insofar
as applicable and assigned a corresponding CA-G.R. CR number.
(Rule 5, Sec. 2, RIRCA ([a])

1. Docket and Other Lawful Fees and Deposit for Costs

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

2. Appeals from Confiscation of Bond – Appeals from

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

3. Appeals from Contempt of Court – Appeals from orders

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

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

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

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

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

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

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

(d) Habeas Corpus – the provisions of Rule 102 of the Rules of

Court shall govern petitions for habeas corpus. (n)

RULE V
INHIBITION OF JUSTICES

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

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

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

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

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

inhibition must be in writing and shall state the grounds therefor.

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

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

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

attached to the rollo and paged. (n)

Section 5. Right of Replacement. - When a Justice Inhibit is himself

from a case, the Justice to whom it is raffled can replace it with another
case of similar nature and status, subject to Sec. 4 (d), Rule III. (n)

RULE VI
PROCESS OF ADJUDICATION

Section 1. Justice Assigned For Study and Report. - Every case,

whether appealed or original, assigned to a Justice for study and report
shall be retained by him even if he is transferred to another Division.
(Sec. 2, Rule 8, RIRCA [a])

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

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

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

members of the Division;

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

(c) If one or both of the other members of the Division is/are on

leave of absence, disqualified or no longer members of the Court,
his/their replacement shall be chosen by raffle. The Division shall
be called Special (No.) Division.

(d) When, in an original action or petition for review, any of

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

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

the actions or proceedings mentioned in the preceding paragraph
remains, the Raffle Committee shall automatically assign the
case to him;

(f) Where the composition of a Division which decided a case

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

(g) If the ponente is no longer a member of the Court but at least

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

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

The Court may receive evidence in the following cases:

(a) In action falling within its original jurisdiction, such as:

(1) certiorari, prohibition and mandamus under Rules 46 and 65
of the Rules of Court; (2) action for annulment of judgment or
final order under Rule 47 of the Rules of Court; (3) quo
warranto under Rule 66 of the Rules of Court; and (4) habeas
corpus under Sections 2 and 12, Rule 102 of the Rules of Court;

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

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

(d) In appeals involving claims for damages arising from

provisional remedies.

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

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

If the party sought to be enjoined fails to file his comment as provided

for in the preceding paragraph, the Court may resolve the application on
the basis of the petition and its annexes.

The preceding paragraphs, notwithstanding, the Court may, in its sound

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

Section 5. Action by a Justice. - All members of the Division shall act

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

Section 6. Judicial Action on Certain Petitions. - (a) In petition for

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

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

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

(b) In petitions for certiorari, prohibition and mandamus, the

provisions of Rule 65 of the Rules of Court shall apply. (n)

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

(a) If during the completion-of-record stage in both appealed

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

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

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

(c) If the ponente is no longer a member of the Court or has

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

If only one member of the Division, whether regular or acting,

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

Section 8. Priorities in Adjudication of Cases. - Subject to existing

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

(a) In Civil Cases. -

(1) Those where temporary restraining orders, writs of

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

(2) Those involving a prejudicial question; and

(3) The oldest cases submitted for decision.

(b) In Criminal Cases. -

(1) Those where the accused is detained;

(2) Those where the Solicitor General recommends the

acquittal of the accused; and

(3) The oldest cases submitted for decision.

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

(1) Habeas corpus cases;

(2) Agrarian cases;

(3) Original petitions where injunctive reliefs have been

granted; and

(4) Petitions for review which have been pending in the

Court for a long time. (Sec. 3, Rule 8, RIRCA [a])

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

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

Section 10. Procedure in Case of Dissent. - When the unanimous vote

of the members of the Division cannot be attained, the following shall
be observed:

(a) Within fifteen (15) days from the date of the deliberation, the
dissenting Justice shall furnish a copy of his written dissent to the
two other members of his Division. The written dissenting
opinion shall not be attached to the rollo. The Chairman of the
Division shall then in writing refer the case, together with
the rollo, to the Raffle Committee which shall designate two
Justices by raffle from among the other members of the Court to
sit temporarily with them, forming a Special Division of Five.

However, for compelling reasons, the Chairman, without

awaiting the written dissenting opinion, may forthwith request
the Raffle Committee to designate by raffle the two additional
members. The dissenting Justice, however, shall submit his
written dissenting opinion to all members of the Special Division
of Five within ten (10) days from its constitution.

(b) The Special Division of Five shall retain the case until its
final disposition regardless of reorganization. Any member of the
Division of Five may write a separate concurring or dissenting
opinion. (Sec. 4, Rule 8, RIRCA [a])

(c) After a member of the Division has expressed his dissent in

writing and the Special Division of Five is thus constituted, it
shall retain the case until its final disposition despite changes in
its membership caused by reorganization or other causes.
(Supreme Court Resolution dated May 25, 1993)

(d) The concurrence of a majority shall be necessary for the

pronouncement of a decision or resolution of the Special
Division of Five. The most senior among the five members shall
 be the Chairman.

(e) After due consultation, the members of the Special Division

of Five whose opinions constitute the majority shall choose from
among them the ponente.

(f) Any member of the Special Division of Five may write a

separate concurring or dissenting opinion which, together with
the majority opinion, shall be promulgated and attached to
the rollo. (n)

(g) If the consultation in the Special Division of Five results in a

unanimous concurrence, all its members shall sign the decision or
resolution.

Section 11. Certification. -

Every decision shall be accompanied by a certification signed by the Chairman or the most
senior as the Acting Chairman of the Division in the following form:

"CERTIFICATION"
"Pursuant to Article VIII, Section 13 of the Constitution,
it is hereby certified that the conclusions in the above
decision were reached in consultation before the case
was assigned to the writer of the opinion of the Court."
(Sec. 5, Rule 8, RIRCA [a])

Section 12. Resolution. - Any disposition other than on the merits shall
be embodied in a resolution. (Sec. 6, Rule 8, RIRCA) Any action
modifying or reversing a decision of the Division shall be denominated
as "Amended Decision." (n)

Section 13. Promulgation of decisions and Resolution – Promulgation

of decisions and resolution shall be the direct responsibility of the
Division Clerk of Court.

(a) Promulgation is made by filing the decision or resolution with

the Division Clerk of Court who shall forthwith annotate the date
and time thereof and attest to it by his signature thereon.

(b) The Division of Clerk for Court shall record in the

Promulgation Book the docket number, title of the case,
 the ponente and other members, nature of the document (whether
decision or resolution), and the action taken by the Division. The
Promulgation Book shall be under his care and custody.

(c) Within one working day from promulgation of a decision or

resolution, the Division Clerk of Court shall, send notices and
copies thereof in sealed envelopes to the parties through their
counsel either personally or by registered mail. However, a
judgment of acquittal of an accused who is detained, shall,
whenever practicable, be served personally on the Director of
Prisons or whoever has official custody of said accused.

(d) Immediately after promulgation of a decision or resolution,

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

Section 14. Number of Copies and Distribution. – Decision and

resolutions of the Court shall be distributed as follows: (a) original plus
two copies to the Court Reporter; (b) one copy to be attached to
the rollo; (c) one copy to the ponente; (d) one copy to the Information
& Statistical Data Division; and (e) one copy to the Judicial Records
Division. In addition, sufficient copies shall be prepared for the counsel
of the parties in the case. (Sec. 7, Rule 8, RIRCA [a] )

Section 15. Effect of Filing an Appeal in the Supreme Court. – No

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

RULE VII
ENTRY OF JUDGMENT AND REMAND OF CASES

Section 1. Entry of Judgment. - Unless a motion for reconsideration or

new trial is filed or an appeal taken to the Supreme Court, judgments
and final resolution of the Court shall be entered upon expiration of
fifteen (15) days from notice to the parties.
 (a) With respect to the criminal aspect, entry of judgment in
criminal cases shall be made immediately when the accused is a
acquitted or his withdrawal of appeal is granted. However, if the
motion withdrawing an appeal is signed by the appellant only,
the Court shall first take steps to ensure that the motion is made
voluntarily, intelligently and knowingly or may require his
counsel to comment thereon.

When there are several accused in a case, some of whom

appealed and others did not, entry of judgment shall be made
only as to those who did not appeal. The same rule shall apply
where there are several accused in a case, some of whom
withdrew their appeal and others did not.

(b) Entry of Judgment in civil cases shall be made immediately

when an appeal is withdraw or when a decision based on a
compromise agreement is rendered. (Sec. 1 and 7, Rule 11,
RIRCA [a])

Section 2. Form. – Entry of judgment shall be made in the prescribed

form, signed by the Division Clerk of Court concerned, who shall
certify under the seal of the Court the date when the decision or final
resolution was promulgated and the date it became final and executory.
(Sec. 3, Rule 11, RIRCA [a])

Section 3. Disposition of Copies. – Copies of the entry of judgment

shall be furnished the parties through their counsel by the Division
Clerk of Court who shall then attach a copy to the rollo and transmit the
original, together with the rollo, to the Chief of the Archives Section.
The Chief of the Archives Section shall cause the entries of judgments
to be bound in chronological order and indexed.

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

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

Section 4. Allowance for Delay of Mail in Making Entries of

Judgment. – In making entries of judgment, the Division Clerk of Court
shall determine the finality of the decision by making allowance for
delay of mail, computed from the last day of the period of appeal, as
follows: forty-five (45) days, if the addressee is from Mindanao
including Palawan; thirty (30) days, if the addressee is from Visayas;
twenty (20) days, if the addressee is from Luzon, except Metro Manila;
and fifteen (15) days, if the addressee is from Metro Manila. (Sec. 6,
Rule 11, RIRCA [a])

Section 5. Entry of Judgment and Final Resolution. – If no appeal or

motion for new trial or reconsideration is filed within the time provided
in these Rules, the judgment or final resolution shall forthwith be
entered by the clerk in the book of entries of judgments. The date when
the judgment or final resolution becomes executory shall be deemed as
the date of its entry. The record shall contain the dispositive part of the
judgment or final resolution and shall be signed by the clerk, with a
certificate that such judgment or final resolution has become final and
executory.

Section 6. Transmittal of Record. – Within five (5) working days from

receipt of the rollo, the Chief of the Archives Section shall cause the
remand of the original records to the court or quasi-judicial agency of
origin. (Sec. 8, Rule 11, RIRCA [a])

RULE VIII
MISCELLANEOUS PROVISIONS

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

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

Section 2. Case Received Without Docket and Other Legal Fees and
Deposit for Costs. – When an original petition is received by mail
without docked and other lawful fees and deposit for costs, the Judicial
Records Division shall assign to it an undocketed special case number
(UDK-SP) and submit said case of the Raffle Committee for raffle.

The Special Cases Section shall maintain a record book of undocketed

special cases for this purpose. (n)

Section 3. Cases Referred by the Supreme Court. – Cases filed and

docketed in the Supreme Court but subsequently referred by it to the
Court of Appeals shall be entered by the latter in the docket book and
given the corresponding docket Number. (Sec. 3, Rule 12, RIRCA [a])

Section 4. Docket and Other Legal Fees for Multiple Appellants. – If

two or more parties in a case file separate notices of appeal, each shall
pay the full amount of the docket and other lawful fees and deposit for
costs. (Sec. 4, Rule 12, RIRCA [a])

Section 5. Docket Fees and Docket Number for Consolidated Cases. –

(a) In an appeal from the Regional Trial Court involving two (2) or
more cases, which were tried and decided jointly, only one docket and
other lawful fees and deposit for costs shall be paid by the appellants to
the Clerk of Court of the Regional Trial Court, except when separate
notices of appeal were filed by them. The multiple appeals shall be
assigned only be docket number.

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

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

Section 6. Payment of Docket and Other Lawful Fees and Deposit for
Costs. – Payment of docket and other lawful fees and deposit for costs
may be made in cash, postal money order, certified checks or
manager’s or cashier’s checks payable to the Court. Personal checks
shall be returned to the payor. (Sec.6, Rule 12, RIRCA [a])

Section 7. Report on Late Payment. –Payment of docket and other

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

Section 8. Non-Refund of Docket Fees. –The docket and other lawful

fees and deposit for costs, once paid, shall be non-refundable, except
when erroneously made. (Sec. 7 [b], Rule 12, RIRCA [a])

Section 9. Color of Rollos. – To facilitate the identification of cases, the

cover of rollos shall have the following colors:

(a) Green for appealed civil cases;

(b) Cream for appealed criminal cases where the accused is out
on bail;

(c) Orange for criminal cases where the accused is detained and
 petition for review of criminal cases;

(d) Mustard for agrarian cases;

(e) Red for habeas corpus cases;

(f) Gray for special cases on appeal;

(g) Yellow for petitions for review of quasi-judicial agencies;

(h) Pink for annulment of judgment cases; and

(i) Blue for all other special cases. (Sec. 8 Rule 12, RIRCA)

Section 10. Session in Baguio –Unless otherwise determined by the

Presiding Justice, sessions shall be held in Baguio City by at least one
(1) Division of the Court for a week every month and by not more than
seven (7) Division on rotation basis during the summer months.

The Presiding Justice shall prepare a schedule of sessions in Baguio

City. (n)

Section 11. Separability Clause. –If the effectivity of any provision of

these Rules is suspended or disapproved by the Supreme Court, the
unaffected provisions shall remain in force.

Section 12. Repealing Clause. – If the effectivity of these Rules, all

resolutions, orders, memoranda and circulars of this Court of this Court
which are inconsistent therewith are hereby repealed or modified
accordingly. (Sec. 11, Rule 12, RIRCA [a])

Section 13. Effectivity Clause. –These Rules shall become effective on

August 22, 2002 after publication in a newspaper of general circulation.
(n)