SUPREME COURT

Manila
A.M. No. 10-4-20-SC
THE INTERNAL RULES OF THE SUPREME COURT
RESOLUTION
Acting on the recommendation of the Sub-committee on The Internal Rules of the
Supreme Court submitting for this Courts consideration and approval the purposed
Internal Rules of the Supreme Court, the Court Resolved to APPROVE the same.
These Rules shall take effect fifteen (15) days after publication in a newspaper of
general circulation in the Philippines.
May 4, 2010
REYNATO S. PUNO
Chief Justice
ANTONIO T. CARPIO
RENATO C. CORONA
Associate Justice
Associate Justice
CONCHITA CARPIO MORALES
PRESBITERO J. VELASCO, JR.
Associate Justice
Associate Justice
ANTONIO EDUARDO B. NACHURA
TERESITA J. LEONARDO-DE CASTRO
Associate Justice
Associate Justice
ARTURO D. BRION
DIOSDADO M. PERALTA
Associate Justice
Associate Justice
LUCAS P. BERSAMIN
MARIANO C. DEL CASTILLO
Associate Justice
Associate Justice
ROBERTO A. ABAD
MARTIN S. VILLARAMA, JR.
Associate Justice
Associate Justice
JOSE PORTUGAL PEREZ
JOSE CATRAL MENDOZA
Associate Justice
Associate Justice
THE INTERNAL RULES OF THE SUPREME COURT
PART I
RULE 1
THE INTERNAL RULES
Section 1. The Internal Rules. These Rules shall govern the internal operations of the
Supreme Court and guide its exercise of judicial and administrative functions. They shall
be cited as The Internal Rules of the Supreme Court.
Section 2. Interpretation. The Internal Rules of the Supreme Court shall be
interpreted in accordance with the mandates of the Supreme Court under the
Constitution, applicable laws, and the Rules of Court to ensure a just, fair and efficient
administration of justice. Nothing in these Rules shall be interpreted to procedure or limit
the exercise of the power and authority of the Court as provided in the Constitution, the
applicable laws, and the Rules of Court.
Section 3. Committee on Internal Rules.
(a) A permanent Committee on Internal Rules of the Supreme Court shall ensure,

through appropriate recommendation to the Court en banc, that these Rules are kept
current and responsive to the needs of the Court and the public it serves;
(b) The Committee, composed mainly to Members of the Court, shall include the Clerk
of the Supreme Court and the Chief Attorney as permanent members, and may include
other court officials as may needed;
(c) The Committee shall collate relevant materials from laws, the Rules of Court, and
Resolutions of the Court at the end of every year and submit to the Court en banc an
update of the Rules the following January. It shall likewise recommend to the Court en
banc the amendment, revision, or deletion of any of these Rules to reflect and achieve
the objectives of justice, fairness and efficiency;
(d) These Rules shall be posted on the Supreme Court website.
Section 4. Amendment or suspension of the Rules. In the interest of sound and
efficient administration of justice, and upon a majority vote of the Court en banc, any
provision of these Rules may be amended, revised, deleted, suspended or dispensed
with in particular cases, upon such terms as the Court en banc may decide to be just,
fair and proper.
RULE 2
THE OPERATING STRUCTURES
Section 1. Exercise of judicial and administrative functions. The Court exercises its
judicial functions and its powers of administrative supervision over all courts and their
personnel through the Court en banc or its Divisions. It administers its activities under
the leadership of the Chief Justice, who may, for this purpose, constitute supervisory or
special committees headed by individual Members of the Court or working committees
of court officials and personnel.
Section 2. Quorum of the Court en banc. Eight Members shall constitute a quorum of
the Court. In the absence of the Chief Justice, the most senior Associate Justice present
shall chair the sessions of the Court.
Section 3. Court en banc matters and cases. The Court en banc shall act on the
following matters and cases:
(a) cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, executive order, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question;
(b) criminal cases in which the appealed decision imposes the death penalty or
reclusion perpetua;
(c) cases raising novel questions of law;
(d) cases affecting ambassadors, other public ministers, and consuls;
(e) cases involving decisions, resolutions, and orders of the Civil Service Commission,
the Commission on Elections, and the Commission on Audit;
(f) cases where the penalty recommended or imposed is the dismissal of a judge, the
disbarment of a lawyer, the suspension of any of them for a period of more than one
year, or a fine exceeding forty thousand pesos;
(g) cases covered by the preceding paragraph and involving the reinstatement in the

judiciary of a dismissed judge, the reinstatement of a lawyer in the roll of attorneys, or

the lifting of a judges suspension or a lawyers suspension from the practice of law;
(h) cases involving the discipline of a Member of the Court, or a Presiding Justice, or
any Associate Justice of the collegial appellate court;
(i) cases where a doctrine or principle laid down by the Court en banc or by a Division
my be modified or reversed;
(j) cases involving conflicting decisions of two or more divisions;
(k) cases where three votes in a Division cannot be obtained;
(l) Division cases where the subject matter has a huge financial impact on businesses
or affects the welfare of a community;
(m) Subject to Section 11 (b) of this rule, other division cases that, in the opinion of at
least three Members of the Division who are voting and present, are appropriate for
transfer to the Court en banc;
(n) Cases that the Court en banc deems of sufficient importance to merit its attention;
and
(o) all matters involving policy decisions in the administrative supervision of all courts
and their personnel.
Section 4. Division cases. All cases and matters under the jurisdiction of the Court not
otherwise provided for by law, by the Rules of Court or by these Internal Rules to be
cognizable by the Court en banc shall be cognizable by the Divisions.
Section 5. Composition and quorum of a Division. Unless the Court en banc decrees
otherwise, a quorum shall consist of a majority of all Members of the Division, and an
absent or a non-participating regular Member of a Division may be replaced at the
request of the regular Members by a Member designated from another Division in order
to constitute a quorum.
Section 6. Resolutions of motions for reconsideration or clarification of an unsigned
resolution or minute resolution. Motions for reconsideration or clarification of an
unsigned resolution or a minute resolution shall be acted upon by the regular Division to
which the ponente belongs at the time of the filling of the motion. The ponente is the
Member to whom the Court, after its deliberation on the merits of a case, assigns the
writing of its decision or resolution in the case.
Section 7. Resolutions of motions for reconsideration or clarification of decisions or
signed resolutions; creation of a Special Division. Motions for reconsideration or
clarification of a decision or of a signed resolution shall be acted upon by the ponente
and the other Members of the Division who participated in the rendition of the decision
or signed resolution.
If the ponente or a Member of the Division who participated in the rendition of the
decision or signed resolution has retired, is no longer a Member of the Court, is
disqualified, or has inhibited himself or herself from acting on the motion for
reconsideration, he or she shall be replaced through raffle by a new ponente or
Member. For this purpose, the Division that rendered the decision or signed resolution,
including the replacement Member, shall be constituted as a Special Division and shall

thereafter act on the motion for reconsideration and all other pleadings, motions, and
incidents.
Section 8. Composition and reorganization of a division. The composition of each
Division shall be based on seniority as follows:
(a) First Division Chief Justice, the fourth in seniority as working chairperson, the
seventh in seniority, the tenth in seniority, and the thirteenth in seniority.
(b) Second Division the second in seniority as Chairperson, the fifth in seniority, the
eighth in seniority; the eleventh in seniority, and the fourteenth in seniority.
(c) Third Division the third in seniority as Chairperson, the sixth in seniority, the ninth
in seniority, the twelfth in seniority, and the fifteenth in seniority.
The Chief Justice may, however, consider factors other than seniority in Division
assignments. The appointment of a new Member of the Court shall necessitate the
reorganization of Divisions at the call of the Chief Justice.
Section 9. Effect of reorganization of Divisions on assigned cases. In the
reorganization of the membership of Divisions, cases already assigned to a Member-inCharged shall be transferred to the Division to which the Member-in-Charged moves,
subject to the rule on the resolution of motions for reconsideration under Section 7 of
this Rule. The Member-in-Charged is the Member given the responsibility of overseeing
the progress and disposition of a case assigned by raffle.
Section 10. Formula for assigning cases to a new Member of the Court. The following
rules shall be observed in assigning cases to a newly appointed Member of the Court:
(a) the average caseload of each Member shall be determined by dividing the total
number of pending cases of all fifteen Members by fifteen;
(b) the newly appointed Member of the Court shall inherit the caseload of the Member
being replaced, and the inherited caseload, if less than the average caseload as
determined in (a), shall be equalized with the average caseload by taking the difference
from the caseload of the incumbent Members divided among them in equal number;
(c) cases submitted for decision within the last twelve months preceding the
appointment of the new Member of the Court may be unloaded to him or her.
Section 11. Actions on cases referred to the Court en banc. The referral of a Division
case to the Court en banc shall be subject to the following rules:
(a) the resolution of a Division denying a motion for referral to the Court en banc shall
be final and shall not be appealable to the Court en banc;
(b) the Court en banc may, in the absence of sufficiently important reasons, decline to
take cognizance of a case referred to it and return the case to the Division; and
(c) No motion for reconsideration of a resolution of the Court en banc declining
cognizance of a referral by a Division shall be entertained.
Section 12. Committees. (a) The Court shall have the following permanent
Committees, whose members shall be designated by the Chief Justice:
(i) Committee on the Revision of the Rules of Court;
(ii) Committee on Computerization and Library;

(iii) Committee on Security;

(iv) Bids and Awards Committees;
(v) Committee on Administrative Concerns;
(vi) Legislative-Executive Relations Committee;
(vii) Committee on Publication of the Court Systems Journal;
(viii) Committee on Legal Education and Bar Matters;
(ix) Committee on Retirement Program;
(x) Committee on Public Information;
(xi) Judicial Reform Support Project Management Committee;
(xii) Committee on Publication of the Advanced Syllabi;
(xiii) Committee on Foreign Travel;
(xiv) Committee on Justice on Wheels; and
(xv) Committee on Gender Responsiveness in the Judiciary.
The Court may create other Committees as may be necessary, with the Chief Justice
designating the Committee Chairperson and Members.
(b) Subcommittees may be created by the Chief Justice upon the recommendation of
the Committee Chairperson.
(c) Ad Hoc committees shall be created as the need arises.
Section 13. Ethics Committee. In addition to the above, a permanent Committee on
Ethics and Ethical Standards shall be established and chaired by the Chief Justice, with
the following membership:
(a) a working Vice-Chair appointed by the Chief Justice;
(b) three (3) members chosen among themselves by the en banc by secret vote; and
(c) a retired Supreme Court Justice chosen by the Chief Justice as a non-voting
observer-consultant.
The Vice-Chair, the Members and the retired Supreme Court Justice shall serve for a
term of one (1) year, with the election in the case of elected Members to be held at the
call of the Chief Justice. The Committee shall have the task of preliminarily investigating
all complaints involving graft and corruption and violations of ethical standards,
including anonymous complaints, filed against Members of the Court, and of submitting
findings and recommendations to the en banc. All proceedings shall be completely
confidential. The Committee shall also monitor and report to the Court the progress of
the investigation of similar complaints against Supreme Court officials and employees,
and handle the annual update of the Courts ethical rules and standards for submission
to the en banc.
Section 14. Per curiam decisions. Unless otherwise requested by the Member
assigned to write the opinion of the Court, the decision or resolution shall be rendered
per curiam
(a) where the penalty imposed is dismissal from service, disbarment, or indefinite
suspension in administrative cases; or
(b) in any other case by agreement of the majority of the Members or upon request of a
Member.
Section 15. Form of resolution on motion for reconsideration in cases where the vote of

Members of the Court is divided. The resolution of motions for reconsideration, in

case the opinion of the Court en banc or Division is divided, may be by minute
resolution specifying the respective votes of the Members.
Section 16. Filling up of Court positions in Senate and House Electoral Tribunals.
Positions for Members of the Court in the Senate Electoral Tribunal and the House of
Representatives Electoral Tribunal shall be designated by the Chief Justice among the
Members of the Court in the order of seniority: The most senior Member shall serve as
chairperson of the tribunal.
RULE 3
THE EXERCISE OF JUDICIAL FUNCTION
Section 1. The Supreme Court a court of law. The Court is a court of law. Its primary
task is to resolve and decide cases and issues presented by litigants according to law.
However, it may apply equity where the court is unable to arrive at a conclusion or
judgment strictly on the basis of law due to a gap, silence, obscurity or vagueness of the
law that the Court can still legitimately remedy, and the special circumstances of the
case.
Section 2. The Court not a trier of facts. The Court is not a trier of facts its role is to
decide cases based on the findings of fact before it. Where the Constitution, the law or
the Court itself, in the exercise of its discretion, decides to receive evidence, the
reception of evidence may be delegated to a member of the Court, to either the Clerk of
Court or one of the Division Clerks of Court, or to one of the appellate courts or its
justices who shall submit to the Court a report and recommendation on the basis of the
evidence presented.
Section 3. Advisory opinions proscribed. The Court cannot issue advisory opinions on
the state and meaning of laws, or take cognizance of moot and academic questions,
subject only to notable exceptions involving constitutional issues.
Section 4. Cases when the Court may determine factual issues. The Court shall
respect factual findings of lower courts, unless any of the following situations is present:
(a) the conclusion is a finding grounded entirely on speculation, surmise and conjecture;
(b) the inference made is manifestly mistaken;
(c) there is grave abuse of discretion;
(d) the judgment is based on a misapprehension of facts;
(e) the findings of fact are conflicting;
(f) the collegial appellate courts went beyond the issues of the case, and their findings
are contrary to the admissions of both appellant and appellee;
(g) the findings of fact of the collegial appellate courts are contrary to those of the trial
court;
(h) said findings of fact are conclusions without citation specific evidence on which they
are based;
(i) the facts set forth in the petition as well as in the petitioners main and reply briefs are
not disputed by the respondents;

(j) the findings of fact of the collegial appellate courts are premised on the supposed
evidence, but are contradicted by the evidence on record; and
(k) all other similar and exceptional cases warranting a review of the lower courts
findings of fact.
RULE 4
THE EXERCISE OF ADMINISTRATIVE FUNCTION
Section 1. Disciplinary cases against Court personnel. Administrative supervision of
courts and court personnel shall be undertaken by the court en banc, provided that, in
appropriate cases, such function may be undertaken by the Divisions.
Section 2. Assisting officers in the exercise of administrative function. In the
discharge of its administrative functions, the Court shall be assisted by the Office of the
Clerk of Court in administrative matters and cases involving the Court and the collegial
appellate courts, and by the Office of the Court Administrative matters and cases
involving the lower courts.
Section 3. Administrative functions of the Court. The administrative functions of the
Court en banc consist of , but are not limited to, the following:
(a) the discipline of justices, judges and court personnel, whether by en banc or by
Division, subject to matters assignable to the Divisions, disciplinary matters involving
justices, judges and court personnel;
(b) the temporary assignment of judges to other stations as public interest may require;
(c) the transfer of cases, from one court, administrative area or judicial region, to
another, or the transfer of venue of the trial of cases to avoid miscarriage of justice;
(d) the amendment, modification or revocation of administrative orders and circulars
issued by the Court;
(e) the policy consideration and determination of matters and issues; and
(f) matters involving the Judicial and Bar Council (JBC) or the Philippine Judicial
Academy (PHILJA) in the exercise of the Courts supervisory authority over them.
RULE 5
PRECEDENCE AND PROTOCOL
Section 1. Concept. The Chief Justice 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.
Section 2. When rule on precedence is applicable. The rule on precedence shall be
applied in the following instances:
(a) in the determination of the Chairpersonship of the Division;
(b) in the seating arrangement of the Justices in all official functions; and
(c) in the choice of office space, facilities, equipment, transportation, and cottages.
Section 3. When rule on precedence is not applicable. Precedence in rank shall not
beobserved in social and other non-official functions or be used to justify discrimination

in the assignment of cases, amount of compensation, allowance or other forms of

remuneration.
PART II
RULE 6
FILING, RECEIVING, AND PROCESSING OF INITIATORY PLEADINGS AND
APPEALS
Section 1. Governing rules of procedure in appeals or petitions filed in the Supreme
Court. All appeals or petitions and pleadings that initiate an application for relief shall
be filed with the Court only in accordance with the procedure provided by the Rules of
Court and other issuances of the Court.
Section 2. Reception of pleadings and other documents. All appeals and petitions in
all types of cases, and original records in criminal cases shall be filed with and received
by the Receiving Section of the Docket Division of the Judicial Records Office during
office hours.
Section 3. Assessment and payment. An initiatory pleading shall be processed
pursuant to the pertinent provisions of the Rules of Court and issuances of the Court.
The corresponding legal fees shall then be assessed and paid.
Section 4. Docket number and entry in logbook. An initiatory pleading properly filed
shall be assigned a docket or G.R. (General Register) number, which shall identify the
case for record purposes until its termination under the Rules of Court. Any case for
which no docket fee has been paid shall be assigned an undocketed or UDK number.
All initiatory pleadings shall be entered in the logbook of the Receiving Section.
Section 5. Case Administration System. Pleadings, letters, resolutions, decisions,
entry of judgment, and all the relevant information regarding any particular case
identified by a G.R. number or a UDK number shall be encoded in the Case
Administration System (CAS).
Section 6. Indexing and transmittal to Docket Division. After the recording in the
logbook and encoding in the CAS by the Receiving Section, the initiatory pleading shall
be indexed on a card that shall indicates such information as court of origin, the lower
court case number(s), the nature of the case, the names of the counsel(s) for the
litigants, and the date and time of transmittal to the Docket Division of the Judicial
Records Office. The indexing of cases shall serve as a backup record of the receipt of a
case by the Court. Thereafter, the initiatory pleading shall be transmitted to the Docket
Division.
Section 7. Classification of cases. A court attorney in the Docket Division shall
preliminarily classify the petitions and appeals filed as en banc or as Division cases in
accordance with law.
Section 8. Recording of cases in the main docket book. The case shall be recorded in

the main docket book of the Docket Division, where all pleadings, motions,
communications, resolutions, the decision, the entry of judgment, and all relevant
information on a particular case shall be recorded by handwriting. The personnel
charged with making entries in the main docket book of the said pleadings and other
said pleadings and other information shall affix his or her initials after such entries.
Section 9. The rollo for each case. All original pleadings and other documents filed
under the same docket number shall be encased in a folder or rollo with a Court en
banc-approved, color-coded cartolina cover indicating the G.R. or UDK number, the title
of the case, the date of filing, the date of submission for decision, and the nature of the
case. The pages of the pleadings and other documents shall be consecutively
numbered and attached to the rollo preferably by stitching or any method that ensures
the integrity of the contents of the rollo.
Section 10. Processing. A court attorney at the Docket Division of the Judicial
Records Office shall accomplish the processing slips for all initiatory pleadings,
including motions for extension of time to file petition. The processing slip shall serve as
the checklist of the requirements of the Rules of Court for filing a case, and shall inform
the Court of compliance or non-compliance by the appellant or petitioner with such
requirements, as gathered from the initiatory pleading filed. Information provided by the
processing slip shall be reported in the initial agenda item on the case.
Section 11. Transmittal of rollo from the Receiving Section to the Office of the Clerk of
Court or the Division Clerk of Court. The Judicial Records Office shall transmit all
rollos to the Office of the Clerk of Court or Division Clerk of Court within forty-eight
hours from receipt of pleadings, documents or papers attached to them, unless
immediate transmittal is demanded by the nature of the case. Copies of pleadings,
documents, or papers not attached to the rollo shall be distributed by said Offices to all
Members of the Court en banc or of the Division.
RULE 7
RAFFLE OF CASES
Section 1. Raffle of cases. Every initiatory pleading already identified by a G.R. or a
UDK number shall be raffled among the Members of the Court. The Member-in-Charge
to whom a case is raffled, whether such case is to be taken up by the Court en banc or
by a Division, shall oversee its progress and disposition unless for valid reason, such as
inhibition, the case has to be re-raffled, unloaded or assigned to another Member.
Section 2. Raffle Committee. Two Raffle Committees one for the en banc and the
other for Division cases, each to be composed of a Chairperson and two members
shall be designated by the Chief Justice from among the Members of the Court on the
basis of seniority.
Section 3. Raffle Committee Secretariat. The Clerk of Court shall serve as the
Secretary of the Raffle Committee. He or she shall be assisted by a court attorney, duly
designated by the Chief Justice from either the Office of the Chief Justice or the Office

of the Clerk of Court, who shall be responsible for (a) recording the raffle proceedings
and (b) submitting the minutes thereon to the Chief Justice. The Clerk of Court shall
make the result of the raffle available to the parties and their counsels or to their duly
authorized representatives, except the raffle of (a) bar matters; (b) administrative cases;
and (c) criminal cases where the penalty imposed by the lower court is life
imprisonment, and which shall be treated with strict confidentiality.
Section 4. Classification of cases for raffle. The initiatory pleadings duly docketed at
the Judicial Records Office shall be classified into en banc and Division cases for
purposes of the raffle. The Clerk of Court shall forthwith make a report on the classified
cases to the Chief Justice.1avvphi1
Section 5. Schedule of regular raffle. Regular raffle of en banc and Division cases
shall be held on Mondays and Wednesdays, respectively.
Section 6. Special raffle of cases. Should an initiatory pleading pray for the issuance
of a temporary restraining order or an urgent and extraordinary writ such as the writ of
habeas corpus or of amparo, and the case cannot be included in the regular raffle, the
Clerk of Court shall immediately call the attention of the Chief Justice or, in the latters
absence, the most senior Member of the Court present. The Chief Justice or the Senior
Member of the Court may direct the conduct of a special raffle, in accordance with the
following procedure:
(a) Upon receipt of an initiatory pleading containing a motion for the conduct of a special
raffle, the Judicial Records Office shall immediately (I) process the pleading and (ii)
transmit a copy of it to the Office of the Clerk of Court.
(b) The Judicial Records Office shall inform the Clerk of Court in writing of the motion for
special raffle, and the Clerk of Court shall forthwith seek authority to conduct the special
raffle from the Chief Justice or substitute Senior Member, as the case may be.
(c) The special raffle shall be conducted immediately.
(d) The Clerk of Court shall furnish the Member-in-Charge to whom the case is raffled,
the Judicial Records Office, and the Rollo Room at the Office of the Chief Justice,
copies of the result of the special raffle in an envelope marked "RUSH". The Member-inCharge shall also be furnished a copy of the pleading. If the case is classified as a
Division case, the Clerk of Court shall furnish the same copies to the Office of the Clerk
of Court of the Division to which the same Member-in-Charge belongs and to the
Division Chairperson.
(e) Upon receipt of the special raffle result, the Judicial Records Office shall immediately
forward the rollo to the Division concerned, with the word "RUSH" clearly indicated on
the rollo cover.
(f) Upon receipt of the rollo, the Clerk of Court or, should the case be classified as a
Division case, the Division Clerk of Court shall immediately (i) prepare the Agenda
item on the specially raffled case; and (ii) forward the rollo and a copy of the Special
Agenda to the Rollo Room, which shall transmit the rollo to the Member-in-Charge and
distribute the Special Agenda to the Chief Justice and the Members of the Court or to
the Chairperson and Members of the Division, as the case may be.
(g) When the Court in recess and the urgency of the case requires immediate action,

the Clerk of Court or the Division Clerk of Court shall personally transmit the rollo to the
Chief Justice or the Division Chairperson for his or her action.
Section 7. Conduct of the raffle. The cases included in a previously prepared list shall
beraffled using a reasonably acceptable random raffle device under a system that shall
ensure the fair and equitable distribution of case load among all Members of the Court.
Section 8. Transfer of rollos of raffled cases. The rollos of all raffled cases shall
bedelivered to the Officers of the respective Clerks of Court, for inclusion in the next
agenda of the Court en banc or the Division.
RULE 8
INHIBITION AND SUBSTITUTE OF MEMBERS OF THE COURT
Section 1. Grounds for inhibition. A Member of the Court shall inhibit himself or
herself from participating in the resolution of the case for any of these and similar
reasons:
(a) the Member of the Court was the ponente of the decision or participated in the
proceedings in the appellate or trial court;
(b) the Member of the Court was counsel, partner or member of law firm that is or was
the counsel in the case subject to Section 3(c) of this rule;
(c) the Member of the Court or his or her spouse, parent or child is pecuniarily
interested in the case;
(d) the Member of the Court is related to either party in the case within the sixth degree
of consanguinity or affinity, or to an attorney or any member of a law firm who is counsel
of record in the case within the fourth degree of consanguinity or affinity;
(e) the Member of the Court was executor, administrator, guardian or trustee in the
case; and
(f) the Member of the Court was an official or is the spouse of an official or former official
of a government agency or private entity that is a party to the case, and the Justice or
his or her spouse has reviewed or acted on any matter relating to the case.
A Member of the Court may in the exercise of his or her sound discretion, inhibit himself
or herself for a just or valid reason other than any of those mentioned above.
The inhibiting Member must state the precise reason for the inhibition.
Section 2. Motion to inhibit a Division or a Member of the Court. A motion for inhibition
must be in writing and under oath and shall state the grounds therefor.
A motion for inhibition of a Division or a Member of the Court must be acted upon by the
Division or the Member of the Court concerned, as the case may be, within ten working
days from receipt thereof except when there is an application for a temporary restraining
order, in which case the motion must be acted upon immediately.
No motion for inhibition of a Division or a Member of the Court shall be granted after a
decision on the merits or substance of the case has been rendered or issued by an
Division, except for a valid or just reason such as an allegation of a graft and corrupt
practice or ground not earlier apparent.
Section 3. Effects of inhibition. The consequences of an inhibition of a Member of the

Court shall be governed by these rules:

(a) Whenever a Member-in-Charge of a case in a Division inhibits himself for a just and
valid reason, the case shall be returned to the Raffle Committee for re-raffling among
the Members of the same Division other than the Member-in-Charge of a case, and the
fifth Member of the Division chosen by raffle among the Members of the Divisions shall
act in place of the inhibiting Member.
(b) Whenever a Member of the Division, other than the Member-in-Charge of a case,
inhibits on any of the grounds specified in Section 1, except paragraph (b), the case
shall be decided by the four remaining Members of the Division and another Member of
the two other Divisions chosen by raffle to act on the case.
(c) When a Member of the Division, other than the Member-in-Charge of a case, was
counsel or partner or member of a law firm that is or was counsel in the case before the
Division, such Member shall inhibit himself or herself, unless the Member was no longer
a partner or member of the law firm when it was engaged as counsel in the case and
the Member votes against the client of such firm. In any event, the mandatory inhibition
shall case after the lapse of ten years from the resignation or withdrawal of the Member
from the law firm, unless the Member personally handled the case when he or she was
a partner or member of the law firm.
(d) Whenever two or more Members o the Division, other than the Member-in-Charge of
a case, inhibit themselves from a case, they shall be replaced by raffle by Members of
the other Divisions.
(e) A Member of the Court who inhibits, on the grounds specified in Section 1, shall be
assigned an additional case at the next raffle of Division cases.
Section 4. Substitution of Member. When a Member of the Court is on leave or a
vacancyoccurs in a Division, another Member from the other Divisions shall be
designated by the Chief Justice by rotation, according to a reverse order of seniority, to
act as Member of the Division until the regular Member reports back to work or a newly
appointed Member assumes office, as the case may be.
RULE 9
FOLDER OF PLEADINGS, COMMUNICATIONS, DOCUMENTS AND OTHER
PAPERS IN A CASE
Section 1. The rollo of a case. The original of all pleadings, communications,
documents, and other papers filed by the parties shall be encased in a rollo, which shall
serve as their official repository for purposes of the case. The rollo shall be properly and
sequentially paginated by the Docket Division of the Judicial Records Office to prevent
intercalation or detachment of a page.
Section 2. Repository of rollos. All rollos shall be kept in the Rollo Room in the Office
of the Chief Justice. No rollo shall be taken out except for delivery to any following: (1)
the Judicial Records Office for attachment of a pleading, communication, document or
other papers filed; (2) the Office of the Clerk of Court or the Office of the Division Clerk
of Court, for the preparation of the Agenda and to the Minutes of a Court session, as
well for the attachment of the decisions or resolutions to the rollo; (3) the Office of the
Member-in-Charge or the Office of the ponente or writer of the decision or resolution; (4)

any Office or official charged with the study of the case.

All personnel charged with the safekeeping and distribution of rollos shall be bound by
strict confidentiality on the identity of the Member-in-Charge or the ponente, as well as
on the integrity of the rollos, under pain of administrative sanction and criminal
prosecution for any breach thereof.
Section 3. The expediente. - The Office of the Clerk of Court of the Division Clerk of
Court shall provide copies of all pleadings, communications, documents, and other
papers of a case to the Offices of the Members of the Court for the constitution of an
expediente to facilitate access and easy reference to a case.
Section 4. Confidentiality of identify of Member-in-Charge or ponente and of Court
actions. Personnel assigned to the Rollo Room and all other Court personnel handling
documents relating to the raffling of cases are bound by strict confidentiality on the
identify of the Member-in-Charge or ponente and on the actions taken on the case.
Rollo Room personnel may release a rollo only upon an official written request from the
Chief Judicial Staff Head or the Chief of Office of the requesting Office. The rollo room
personnel may release a rollo only to an authorized personnel named in the official
written request. All personnel handling the rollos are bound by the same strict
confidentiality rules.
Section 5. Consolidation of cases. The Court may order the consolidation of cases
involving common questions of law or of act. The Chief Justice shall assign the
consolidated cases to he Member-in-Charge to whom the case having the lower or
lowest docket number has been raffled, subject to equalization of case load by raffle.
The Judicial Records Office shall see to it that (a) the rollos of the consolidated cases
are joined together to prevent the loss, misplacement or detachment of any of them;
and (b) the cover of each rollo indicates the G.R. or UDK number of the case with which
the former is consolidated.
The Member-in-Charge who finds after study that the cases do not involve common
questions of law or of fact may request the Court to have the case or cases returned to
the original Member-in-Charge.
Section 6. Reconstitution of lost rollo. When a rollo is lost and a diligent search for it
proves futile, the personnel-in-charge of the Rollo Room shall immediately inform the
Chief Justice or the proper Chairperson of the Division of such loss. Without prejudice to
any administrative or criminal liability of the personnel responsible for the loss, the Chief
Justice or the Chairperson of the Division concerned shall direct the Judicial Records
Office to reconstitute the rollo and request the counsel and the parties to personally
appear and submit, on a specified date, legible copies of the pleadings,
communications, documents, and other papers filed in the case, and to authenticate
their respective submissions.
The same procedure shall be observed when the loss of a rollo occurs in the office of a
Member of the Court. The Judicial Staff Head concerned shall immediately report the
loss.
Entries in the main docket book of the Judicial Records Office, as well as in the Case4

Administration System, shall be used for verification purposes.

RULE 10
COURT SESSIONS AND HEARINGS
Section 1. Court sessions. The Court en banc shall hold sessions every Tuesday. The
Divisions may meet on Monday s and Wednesdays. Special sessions may be held
whenever necessary. In every session, proceedings shall follow the agenda of cases
and matters to be taken up. Actions taken during sessions shall be duly reflected in the
minutes of the proceedings.
Section 2. Confidentiality of court sessions. Court sessions are executive in
character, with only the Members of the Court present. Court deliberations are
confidential and shall not be disclosed to outside parties, except as may be provided
herein or as authorized by the Court.
The Chief Justice or the Division Chairperson shall record the action or actions taken in
each case for transmittal to the Clerk of Court or Division Clerk of Court after each
session. The notes of the Chief Justice and the Division Chairperson, which the Clerk of
Court and the Division Clerks of Court must treat with strict confidentiality, shall be the
bases of the minutes of the sessions.
Section 3. Oral arguments. The Court may hear any case on oral arguments upon
defined issues. The petitioner shall argue first, followed by the respondent and the
amicus curiae, if any. Rebuttal arguments may be allowed by the Chief Justice or the
Chairperson. If necessary, the Court may invite amicus curiae.
Section 4. Transcripts of hearings, recording of oral arguments. Oral arguments shall
be recorded by at least two stenographers, alternately taking stenographic notes of the
proceedings. The stenographers shall transcribe their notes and submit the
consolidated transcripts to the Clerk of Court or the Division Clerk of Court within
twenty-four hours from the termination of the oral arguments. The Clerk of Court or the
Division Clerk of Court shall review the transcripts of stenographic notes, using the tape
or electronic of the hearing for verification purposes.
RULE 11
AGENDA AND MINUTES OF COURT SESSIONS
Section 1. Agenda. The Clerk of Court and the Division Clerks of Court shall ensure
that all pleadings, communications, documents, and other papers duly filed in a case
shall be reported in the Agenda for consideration by the Court en banc or the Division.
The Agenda items for each case shall adequately apprise the Court of relevant matters
for its consideration.
Section 2. Periods for inclusion of pleadings, motions, and other matters in the agenda.
The Clerk of Court and the Division Clerks of Court shall observe the following periods
for the inclusion of pleadings, motions, and other matters in the agenda counted from
receipt:
(a) motions for extension of time to file petitions immediately calendared;

(b) appeals in criminal cases under Article 47 of the Revised Penal Code, as amended,
or under Rule 122 of the Rules of Court within fifteen days;
(c) petitions under Rules 45, 64 and 65 within ten days, unless a party asks for the
issuance of a temporary restraining order or an extraordinary writ, immediate inclusion
of the case in the Agenda; and
(d) other pleadings within ten days.
The foregoing notwithstanding, the Chief Justice may direct the immediate inclusion of
any matter in the agenda.
Section 3. Minutes of proceedings. The Chief Justice or the Chairperson of the
Division shall provide the Clerk of Court or the Division Clerk of Court his or her notes
on the actions taken by the Court. The copy of the Agenda containing the handwritten
notes of the Chief Justice or Division Chairperson shall serve as the basis for the
preparation of the minutes of the session by the Office of the Clerk of Court or of the
Division Clerks of Court.
Section 4. Preparation of minutes of proceedings. Within forty-eight hours from the
time the copy of the Agenda containing the handwritten actions of the Court is
transmitted to him or her, the Clerk of Court or the Division Clerk of Court shall submit
the draft of the minutes of the session for the approval by the Chief Justice or the
Division Chairperson. The draft of the minutes of a Court session shall follow the
chronological sequence of the cases in the Agenda. Excerpts of the minutes pertaining
to a particular case quoted in a letter of the Clerk of Court or the Division Clerk of Court
to the parties, and extended resolutions showing the actions of the Court on the cases
on agenda shall be released to the parties only after the Chief Justice or the Division
Chairperson has approved the minutes in writing.
Section 5. Confidentiality of minutes prior to release. The Offices of the Clerk of Court
and of the Division Clerks of Court are bound by strict confidentiality on the action or
actions taken by the Court prior to the release of the resolutions embodying the Court
action or actions.
A resolution is considered officially released once the envelope containing a final copy
of it addressed to the parties has been transmitted to the process server for personal
service or to the mailing section of the Judicial Records Office. Only after its official
release may a resolution be made available to the public.
Section 6. Preparation of minute resolutions and unsigned extended resolutions. A
minute resolution quoting an excerpt of the minutes of Court sessions pertinent to a
case shall be prepared by the court attorneys in the Office of the Clerk of Court or the
Division Clerk of Court and personally reviewed, approved, and initialled by the Clerk of
Court or the Division Clerk of Court before submission for final approval by the Chief
Justice or the Division Chairperson. An unsigned extended resolution may be prepared
by the Office of the Member-in-Charge or by the Office of the Clerk of Court or Division
Clerk of Court, upon instructions of either the Chief Justice or the Division Chairperson,
who shall approve the resolution. The Chief Justice and the Division Chairperson shall
order the Clerk of Court or the Division of Clerk of Court to release duly approved

minute and unsigned extended resolutions.

Section 7. Form of notice of a minute resolution. A notice of a minute resolution shall
be embodied in a letter of the Clerk of Court or the Division Clerk of Court notifying the
parties of the action or actions taken in their case in the following form:
(SUPREME COURT Seal)
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
EN BANC/_____ DIVISION
NOTICE
Sirs/Mesdames:
Please take notice that the Court en banc/_____ Division issued a Resolution dated
______________, which reads as follows:
"G.R./UDK/A.M./A.C. NO. _________ (TITLE). (QUOTE RESOLUTION")
Very truly yours,
(Sgd.)
CLERK OF COURT/Division Clerk of Court
Section 8. Release of resolutions. All resolutions shall be released within forty-eight
hours from approval of the Minutes of any session by the Chief Justice or the Division
Chairperson. Resolutions with the following actions shall be released immediately to the
parties:
(a) directing the issuance of extraordinary writs;
(b) granting or denying motions for extension of time to file petitions or subsequent
pleadings, or other motions of urgent nature;
(c) granting applications for a temporary restraining order/status quo order/writ of
preliminary injunction;
(d) preventively suspending judges or court personnel; and
(e) directing any party, the Office of the Court Administrator, or any other official or
agency to submit a comment, a report or a recommendation within a non-extendible
period.
RULE 12
VOTING REQUIREMENTS
Section 1. Voting requirements. (a) All decisions and actions in Court en banc cases
shall be made up upon the concurrence of the majority of the Members of the Court who
actually took part in the deliberation on the issues or issues involved and voted on them.
(b) All decisions and actions in Division cases shall be made upon the concurrence of at
least three Members of the Division who actually took part in the deliberations on the
issue or issues involved and voted on them.1
Section 2. Tie voting in the Court en banc. (a) In civil cases, including special
proceedings and special civil actions, where the Court en banc is equally divided in
option or the necessary majority vote cannot be had, the Court shall deliberate on it
anew. If after such deliberation still no decision is reached, the Court shall, in an original
action filed with it, dismiss the case; in appealed cases, it shall affirm the judgment or

order appealed from.

(b) In criminal cases, when the Court en banc is equally divided in option of the
necessary majority cannot be had, the Court shall deliberate on it anew. If after such
deliberation still no decision is reached, the Court shall reverse the judgement of
conviction of the lower court and acquit the accused.
(c) When, in an administrative case against any of the Justices of the appealed courts
or any of the Judges of the trial Courts, the impossible penalty is dismissal and the
Court en banc is equally divided in opinion or the majority vote required by the
Constitution for dismissal cannot be had, the Court shall deliberate on the case anew. If
after such deliberation still no decision is reached, the Court shall dismiss the
administrative case, unless a majority vote decides to impose a lesser penalty.
(d) Where the Court en banc is equally divided in opinion of the majority vote required
by the Constitution for annulling any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance, or regulation cannot be
had, the Court shall deliberate on the case anew. If such deliberation still no decision is
reached, the Court shall deny the challenge to the constitutionally of the act.
(e) In all matters incidental to the main action where the Court en banc is equally
divided in opinion, the relief sought shall be denied.
Section 3. Failure to obtain required votes in Division. Where the necessary majority
of three votes is not obtained in a case in a Division, the case shall be elevated to the
Court en banc.
Section 4. Leaving a vote. A Member who goes on leave or is unable to attend the
voting on nay decision, resolution, or matter may leave his or her vote in writing,
addressed to the Chief Justice or the Division Chairperson, and the vote shall be
counted, provided that he or she took part in the deliberation.
RULE 13
DECISION-MAKING PROCESS
Section 1. Period for deciding or resolving cases. The Court shall decide or resolve
all cases within twenty-four months from the date of submission for resolution. A case
shall be deemed submitted for decision or resolution upon the filling of the last pleading,
brief, or memorandum that the Court or its Rules require.
The Member-in-charge, assigned to oversee the progress and disposition of a case,
who is unable to decide or resolve the oldest cases within that period shall request the
Court en banc for an extension of the period, stating the ground for the request. The
Court shall act on the request as it sees fit, according to the circumstances of the case.
Should a Member object to the request, the Court shall grant a final extension of thirty
days within the Member-in-Charge shall report the case for deliberation, falling which,
the case shall be re-raffled to another Member who shall submit the report within thirty
days from assignment.
Section 2. List of cases submitted for decision or resolution. The Clerk of Court and
the Division Clerks of Court shall maintain a system for apprising the Court periodically,
at least six months before the last day of the twenty-four-month period for deciding or
resolving a case, of the approach of such cut off date.

Section 3. Actions and decisions, how reached. The actions and decisions of the
Court whether en banc or through a Division, shall be arrived at as follows:
(a) Initial action on the petition or complaint. After a petition or complaint has been
placed on the agenda for the first time, the Member-in-Charge shall except in urgent
cases, submit to the other Members at least three days before the initial deliberation in
such case, a summary of facts, the issue or issues involved, and the arguments that the
petitioner presents in support of his or her case. The Court shall, in consultation with its
Members, decide on what action it will take.
(b) Action on incidents. The Member-in-Charge shall recommend to the Court the
action to be taken on any incident during the pendency of the case.
(c) Decision or Resolution. When a case is submitted for decision or resolution, the
Member-in-Charge shall have the same placed in the agenda of the Court for
deliberation. He or she shall submit to the other Members of the Court, at least seven
days in advance, a report that shall contain the facts, the issue or issues involved, the
arguments of the contending parties, and the laws and jurisprudence that can aid the
Court in deciding or resolving the case. In consultation, the Members of the Court shall
agree on the conclusion or conclusions in the case, unless the said Member requests a
continuance and the Court grants it.
Section 4. Continuance in deliberations. The deliberation on a case may be
adjourned to another date to enable the Member who requested it to further study the
case; provided, however, that the total period of continuances shall not exceed three
months from the date was first adjourned. This rule shall likewise apply to actions on
months for reconsideration of the decisions and resolutions of the Court, unless a
Member, whose vote in the original decision of a divided Court matters, is about to
retire. In such a situation, the action on the motion for reconsideration submitted for
resolution shall be made before his or her retirement.
Section 5. Ponente or Opinion writer. Immediately upon arriving at a conclusion
regarding the issue or issues in the case, the Court shall assign 2 a Member to write the
opinion of the Court. Should the majority vote of the court on such conclusion be
different from or contrary to the conclusion arrived at by the ponente, the writing of the
new opinion shall be assigned to a ponente chosen by the majority.
Section 6. Manner of adjudication. The Court shall adjudicate cases as follows:
(a) By decision, when the Court disposes of the case on its merits and its rulings have
significant doctrinal values; resolve novel issues; or impact on the social, political, and
economic life of the nation. The decision shall state clearly and distinctly the facts and
the law on which it is based. It shall bear the signatures of the members who took part
in the deliberation.
(b) By signed resolution, when the Court comprehensively resolves the motion for
reconsideration filed in the case or when a dissenting opinion is registered against such
resolution. The signed resolution shall no longer discuss issues resolved in the decision
and need not repeat the facts and the law stated in it. It shall also bear the signatures of
the Members who took part in the deliberation.

(c) By unsigned resolution when the Court disposes of the case on the merits, but its
ruling is essentially meaningful only to the parties; has no significant doctrinal value; or
is minimal interest to the law profession, the academe, or the public. The resolution
shall state clearly and distinctly the facts and the law on which it is based.
(d) By minute resolution when the Court (1) dismisses a petition filed under Rule 64 or
65 of the Rules of Court, citing as legal basis the failure of the petition to show that the
tribunal, board or officer exercising or quasi-judicial functions has acted without or in
excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of
jurisdiction; (2) denies petition filed under Rule 45 of the said Rules, citing as legal basis
the absence of reversible error committed in the challenged decision, resolution, or
order of the court below; (3) Dismisses an administrative complaint, citing as legal basis
failure to show a prima facie case against the respondent; (4) denies a motion for
reconsideration, citing as legal basis the absence of a compelling or cogent reason to
grant the motion, or the failure to raise any substantial argument to support such
motion; and (5) dismisses a petition on technical grounds or deficiencies.
Section 7. Dissenting separate or concurring opinion. A Member who disagrees with
the majority opinion, its conclusions, and the disposition of the case may submit to the
Chief Justice or Division Chairperson a dissenting opinion, setting forth the reason for
such dissent. A Member who agrees with the result of the case, but based on different
reason or reasons may submit a separate opinion; a concurrence "in the result" should
state the reason for the qualified concurrence. A Member who agrees with the main
opinion, but opts to express other reasons for concurrence may submit a concurring
opinion. The dissenting, separate, or concurring opinion must be within one week from
the date the writer of the majority opinion presents the decision for the signature of the
Members.
Section 8. Attestations and certifications on consultations held. In cases decided by a
Division, the Division Chairperson shall issue an attestation regarding the conduct of
consultation among its Members and the assignment of the writing of the decision to a
Member after such consultation. In all decided cases, whether by the Court en banc or
by a Division, the Chief shall issue a certification regarding the conduct of consultant
among the Members of the Court and the assignment of the writing of the decision to a
Member after such consultation.
Section 9. Submission of decisions and resolutions. The original of all decisions and
resolutions as well as separate, concurring, or dissenting opinions shall be submitted to
the Chief Justice, accompanied by electronic copies. The Judicial Staff Head of the
Office of the ponente or the writer of the majority opinion shall certify, in writing, the
authenticity of the electronic copies, which shall be placed in a separately marked,
dated, and signed envelop.
Section 10. Promulgation of decisions and resolutions.
Division Clerk of Court shall promulgated every decision or
hours from receipt of the same from the Office of the Chief
and hour of promulgation and affixing his or her signature

The Clerk of Court or the

resolution within forty-eight
Justice, indicating the date
underneath such date and

hour. In the absence of the Clerk of Court, the First Division Clerk of Court shall
promulgated the decisions of the Court en banc.
Section 11. Authentication of decisions and resolutions. All decisions, resolutions, and
other Court issuances shall be released to the parties concerned only after these shall
have been authenticated by the Clerk of Court of Division Clerk of Court through a bar
code at the bottom of each page, which he or she shall personally affix, or by other
means to protect the authenticity and integrity of such document. They shall also initial
every page of per curiam decisions, minute resolutions, and unsigned extended
resolutions.
RULE 14
HANDLING AND DISSEMINATION OF DECISIONS AND RESOLUTIONS
Section 1. Promulgation. A decision or resolution shall deemed promulgated on the
date it is received and acknowledged by the Clerk of Court or Division Clerk of Court
from the Office of the Chief Justice or the Division Chairperson.
Section 2. Report of promulgation. Within twenty-four hours from the promulgation of
a decision or resolution, the Clerk of Court or the Division Clerk of Court shall formally
inform the Chief Justice or the Division Chairperson of such promulgation.
Section 3. Electronic dissemination of decision or resolution. Upon receipt of the
report of promulgation, the Chief Justice shall direct the Chief Justices Staff Head to
deliver immediately the magnetic or electronic copy of the decision or resolution to the
Management Information Systems Office (MISO).
Section 4. Responsibilities of the MISO. Upon receipt of a copy of a promulgated
decision or resolution, the MISO shall
(a) log the date and time of receipt;
(b) format the decision or resolution in such a way as to make it readable on the
Supreme Court website;
(c) scan any handwritten notes on the signature page, such as "In the result," and
include signature page with the same handwritten notes for posting;
(d) take note of any typographical error in the magnetic or electronic file of the decision
or resolution, and immediately bring it to the attention of the writer of the decision or
resolution, or the Chief Justice in case of a per curiam decision or when the writer has
ceased to serve the Court;
(e) immediately furnish the Library with soft copies of all decisions and resolutions for
archival purposes.
Section 5. Service and dissemination of decisions and signed resolutions. The Clerk
of Court or the Division Clerk of Court shall see to the service of authenticated copies of
the promulgated decision or signed resolution upon the parties in accordance with the
provisions of the Rules of Court. The Clerk of Court of the Division Clerk of Court shall
also immediately provide hard copies of the same to the Public Information Office,
Office of the Court Administrator, Office of the Chief Attorney, Philippine Judicial

Academy, and the Library.

Section 6. Safekeeping of original hard copy of decision and drafting of syllabus of
each promulgated decision. As soon as hard copies of the decision or resolution shall
have been served on the parties and disseminated in accordance with these Rules, the
Clerk of Court or the Division Clerk of Court shall deliver to the Office of the Reporter (a)
the original hard copy of each signed decision or resolution for safekeeping, and (b) a
reproduction of such hard copy for the preparation of the concise synopsis and syllabus
of each decision or resolution duly approved by the writer of the decision or by the Chief
Justice if the writer has retired or is no longer in the judicial service, prior to publication
in the Philippine Reports. The Office of the Reporter shall (a) see to the secured
safekeeping of original decisions that shall be collated and bound on a monthly basis,
and (b) be responsible for the updated publication of the Philippine Reports.
Section 7. Publication of decisions and resolutions. A decision and signed resolution
of the Court shall be published in the Philippine Reports, with the synopsis and syllabus
prepared by the Office of the Reporter. Other decisions and signed resolutions not so
published may also be published in the Philippine Reports in the form of memoranda
prepared by the Office of the Reporter. The Public Information (PIO) may choose and
submit significant decisions and resolutions for publication in the Official Gazette.
RULE 15
FINALITY OF DECISION AND RESOLUTIONS
Section 1. Finality of decisions and resolutions. A decision or resolution of the Court
may be deemed final after the lapse of fifteen days from receipt by the parties of a copy
of the same subject to the following:
(a) the date of receipt indicated on the registry return card signed by the party-or, in
case he or she is represented by counsel, by such counselor his or her representativeshall be the reckoning date for counting the fifteen-day period; and
(b) if the Judgement Division is unable to retrieve the registry return card within fifteen
days from mailing, it shall immediately inquire from the receiving post office on (i) the
date when the addressee received the mailed decision or resolution; and (ii) who
received the same, with the information provided by authorized personnel of the said
post office serving as the basis for the computation of the fifteen-day period.
Section 2. Motion for reconsideration. A motion for reconsideration filed within the
fifteen-day period from receipt of a copy of the decision or resolution shall stay the
execution of such decision or resolution unless, for good reasons shown, the Court
directs otherwise.
Section 3. Second motion for reconsideration. The Court shall not entertain a second
motion for reconsideration, and any exception to this rule can only be granted in the
higher interest of justice by the Court en banc upon a vote of at least two-thirds of its
actual membership. There is reconsideration "in the higher interest of justice" when the
assailed decision is not only legally erroneous, but is likewise patently unjust and
potentially capable of causing unwarranted and irremediable injury or damage to the

parties. A second motion for reconsideration can only be entertained before the ruling
sought to be reconsidered becomes final by operation of law or by the Courts
declaration.1avvph!1
In the Division, a vote of three Members shall be required to elevate a second motion
for reconsideration to the Court En Banc.
RULE 16
ENTRY OF JUDGEMENT
Section 1. Entry of judgement. The entry of judgement covering the final decisions
and resolutions of the Court shall be made in accordance with the Rules of Court. The
date of entry of judgement shall be the date such decision or resolution becomes
executory, unless the Court directs its immediate execution.
Section 2. How entry of judgement is made. The entry of judgement shall be in the
form of a certification indicating the date when the final decision or resolution of the
Court has become executory and entered in the book of judgements. The entry shall
restate the dispositive portion of the judgement of final resolution, and be duly signed by
the Chief of the Judicial Records Office as the Deputy Clerk of Court. The Judicial
Records Office shall furnish the parties with a photocopy of the entry of judgement,
which shall be authenticated by the Chief of the Judicial Records Office in the same
manner that decisions and resolutions are authenticated.
Section 3. Time frame for entry of judgement. Unless the Court requires an
immediate entry of judgement, the Judicial records Office shall enter judgement within
fifteen days from the expiration of the fifteen-day reglementary period for filling a motion
for reconsideration.
Section 4. Return of case records to lower court. The records of every decided case
shall be returned to the court where it originated for execution of judgement on the
same day that entry of judgement is made.
RULE 17
CORRECTION OF TYPOGRAPHICAL ERRORS IN DECISIONS AND RESOLUTIONS
Section 1. Correction of typographical errors in decisions and resolutions.
Typographical errors discovered after the promulgation or even after the publication of a
decision or signed resolution may be corrected as follows:
(a) The Reporter and the MISO shall, with the authority of the writer of the decision or
resolution, make the necessary correction of typographical errors. In per curiam
decisions and in unsigned resolutions, or when the ponente has retired, resigned or is
no longer in the judicial service, the authority shall be given by the Chief Justice.
(b) The correction of typographical errors shall be made by crossing out the incorrect
word and inserting by hand the appropriate correction immediately above the corrected
or cancelled word. The writer of the decision of the Chief Justice, as the case may be,
shall authenticate the correction by affixing his or her initials and the date or correction
immediately below the correction.

Section 2. Report of corrections made. The Reporter and the MISO Chief shall submit
to the Court, through the Clerk of Court, a quarterly report of cases where the decisions
and resolutions have been corrected. The Clerk of Court shall thereafter include the
report in the Agenda of the Court en banc for confirmation of the correction.
RULE 18
EFFECTIVITY
Section 1. Effectivity. These Rules shall take effect fifteen (15) days after publication
in a newspaper of general circulation in the Philippines.
xxx
Footnotes
1
Art. VIII of the Constitution states:
Section 4. (1) The Supreme Court shall be composed of the Chief Justice and fourteen
Associate Justices. It may sit en banc or in its discretion, in divisions of three, five, or
seven Members. Any vacancy shall be filled within ninety days from the occurrence
thereof.
(2) All cases involving the constitutionality of a treaty, international or executive
agreement, or law, which shall be heard by the Supreme Court en banc, and all other
cases which under the Rules of Court are required to be heard en banc, including those
involving the constitutionally, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other regulations, shall be decided
with the concurrence of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon.
(3) Cases of matters heard by a division shall be decided or resolved with the
concurrence of a majority of the Members who actually took part in the deliberation on
the issues in the case and voted thereon, and in no case, without concurrence of at
least three of such members. When the required number is not obtained, the case shall
be decided en banc: Provided, that no doctrine or principle of law laid down by the court
in a decision rendered en banc or in division may be modified or reversed except by
the \court sitting en banc.
2
Art. VIII of the Constitution provides:
Section 13. The conclusions of the Supreme Court in any case submitted to it for
decision en banc or in division shall be reached in consultation before the case is
assigned to a Member for the writing of the opinion of the Court. A certification to this
effect signed by the Chief Justice shall be issued and a copy thereof attached to the
record of the case and served upon the parties. Any Member who took no part, or
dissented, or abstained from a decision or resolution must state the reason thereof. The
same requirements shall be observed by all lower collegiate courts.

2009 INTERNAL RULES OF THE COURT OF APPEALS

Contents
Pursuant to Section 12 of the Judiciary Reorganization Act of 1980 (Batas Pambansa
Big. 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 2009 INTERNAL RULES OF THE COURT OF APPEALS (2009 IRCA.
RULE I THE COURT, ITS ORGANIZATION AMD OFFICIALS.
SEC. 1. 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) Justices each,
the members of the Court are classified into three groups according to the order of their
seniority. The date and sequence of the appointment of the Justices determine
their seniority courtwide.
When a senior member is designated to act as Chairperson of a Division, he/she shall
be an "Acting Chairperson". In iike 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]).
The Presiding Justice shall immediately issue to the appointee the corresponding
commission evidencing the appointment. The appointee may then take his/her oath
and perform his/her duties and responsibilities.
No recommendee shall assume the duties of the position to which he/she was
recommended for appointment before issuance of his/her appointment except in
meritorius cases and with prior approval of te Chief Justice.
For purposeof the Civil Service Law, the commission shall serve as the appointment
paper of the appointee and a copy thereof shall be forwaded to the Civil Service
Commission, together with supporting papers.
All resignations 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
SEC. 1. Concept. - The Presiding Justice enjoys precedence over all the other
members of the Court in ail official functions. The Associate Justices shall have
precedence according tu the order of their appointments as officially transmitted to the
Supreme Court. (Sec. 7, Rule 1, RIRCA [a])
SEC. 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/ her absence or
inability to perform the powers, functions and duties of his/ her office, the Associate
Justice who is first in precedence shall perform his/her powers, functions and duties
until another Presiding Justice is appointed and has qualified or such disability is
removed;
(b) In the determination of the Chairpersonship of the Divisions;
(c) In ttie sitting arrangement of the Justices in all official functions;
(d) In the choice of supporting peisonuel and other employees; and
SEC. 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/her place and the Chairpersons of the Divisions. (Sec. 9, Rule 1, RIRCA [a])
(e) In the choice of office space, facilities, equipment, transportation and cottages. (Rule
1, Sec. 8, RIRCA [a])
SEC. 4. Ceremonial Protocol hi En Banc Session and Division hearing.
(a) During an en Banc session, the most junior member of ttie Court enters first and tiie
Presiding Justice exits first. During a Division hearing, the Chairperson enters and exits
tirst. 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 by Mr./Madame
Presiding Justice ___________, is now in session. Silence is enjoined." With that
announcement and after he/she reaches his/her chair, the Presiding Justice bangs the
gavel. All shall then take their seats.
In Division hearings, the Division Clerk of Court announces: "The ___________ Division
of the Honorable Court of Appeals, presided by its Chairperson, Mr./Madame Justice
___________, is now in session. Silence is enjoined." With that announcement and
after he/she reaches his/her chair, the Chairperson bangs tht gavel All shall then take
their seats, (n)
SEC. 5. Conduct of Hearing in Divisions. The Chairperson controls the
proceedings during the hearing. He/She shall rule on all motions and objections
interposed therein in consultation with the members. He/ She may, however, yield the
conduct of the proceedings to any member who shall exercise the powers of the
Chairperson, (n)
SEC. 6. Attendance of Justices in Hearings. Except where a hearing to receive
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, ASSIGNING AND DISTRIBUTING CASES
SEC. 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 dale 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, RIRGA [a])
(ci) 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 She envelope containing the same, and signed by
him/her. (Sec. 4, Rule 3, RIRCA[a])
SEC. 2. Raffle of Cases.
(a) Cases shall be assigned to a Justice by raffle for completion of records, study
and report, subject to the following rules:
(!) Cases, whether original or appealed, shall be raffled to individual justices;
(1.1) Records are deemed completed upon filing of the required pleadings, briefs or
memoranda or the expiration of the period for the filing thereof and resolution of all
pending incidents. Upon such completion, 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.
(b) When a Justice to whom a case is assigned inhibits himself/ herself, Is
suspended, or is on leave of absence for at least stx (6) consecutive months, the
case shall be re-raffled to another Justice In the same station, and in the latter
case, upon motion of any of the parties, both with right of replacement with
another case of similar nature and status. (a)
(c) Raffle of cases shall be open to the public and conducted in chronological order
every working day at 10:30 A.M.
(d) Raffle of cases shall be conducted by the Raffle Committee composed of all the
Justices of ttie Division chosen for the day which, in turn, shall choose by raffle [lie
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 Piesiding Justice or the Executive Justice, as the
case may be, who shall thereupon choose by raffle the members who shall constitute
the Raffle Committee for the day.
The staff of the Raffle Committee, as designated by the Presiding Justice, shall be
under his/her direct control and supervision. (Sec. (b), Rule3, RIRCA[a])
(e) No special raffle shall be conducted except for urgent necessity therefor as
determined and authorized in writing by the Presiding Justice or the Executive Justice,
as the case may be, or in his/her absence or unavailability, the most senior Justice
present. The special raffle shall be conducted during office hours by the Raffle
Committee for the day or any of its members. In their absence, the Presiding Justice or
the Executive Justice, as the case may be, may personally conduct the raffle or assign
another Justice to do so. (Sec. 6(e). Rule 3, RIRCA [a])
(f} 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, ordinary and heinous 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 quasi-judicial agencies; (9)
petitions for certioiari, prohibition and mandamus; (10) petitions for amparo; (11)
petitions for habeas data; (12) anti-money laundering cases; (13) cases involving
subsiiiution of a ponenle or designation of Justices to fill vacancies in a Division or to
cieale a Special Division of Five; and (14) administrative cases referred by the Supreme
Court to the Court. (Sec. 6(c), Rule 3, RIRCA[a]).

Justices who are assigned administrative cases directly by the Supreme Court shall
report such assignment to the Raffle Staff for record and/or credit purposes.
(g) The Raftle Staff shall furnish the Justices with the result of the raffle not later than
following working day (Sec 6(f), Rule 3 RIRCA [a])
(h) Only criminal cases not involving detention prisons .rand civil cases shall be raffled
to the Presiding Justice or the Executive Justice which shall be in the ratio of 1:4 and
3:4, respectively, (n)
(i) A Justice with an approved ieave of absence exceeding fifteen (15) working days
shall be exempt from tl ie raffle of cases for the period covered thereby- (Sec. 6(h), Rule
3, RIRCA [a])
(j) 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/her absence from the
Justice or an authorized member of his/her 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, shail 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 Raffia Committee to include said Justice
in the succeeding raffle of cases for raffle to him/her of such number and nature of
cases which should have been assigned to him/her were it noi for the aforesaid notice.
(k.) A justice shall "be excluded from the raffle of cases three (3) months before his/her
retirement. (Sec. 6(i), Rule 3, RIRCA [a])
SEC. 3. Consolidation of Cases. When related cases are assigned to different
Justices, they shall be consolidated and assigned to one Justice-fa) Upon motion of a
party with notice to the other party/ies, or at the instance of the Justice to whom any uf
the related cases is assigned, upon notice to the patties, consolidation shall ensue
when the cases involve the same parties and/or related questions of fact and/or law.
(a) Upon motion of a party which notice to the other party/ies, or at the instance of the
Justice to whom any of the related cases is assigned, upon notice to the parties,
consolidation shall ensure when the cases involve the same parties and/or related
questions of facts 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 of 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) In cases of consolidation involving petitions for writ of amparo and writ of
habeas data, the provisions of Sec. 23 of A.M. No. 07-9-12-SC and Sec. 21 of A.M.
Mo. 08-1-16-SC, respectively, shall apply.
(d) Notice of the consolidation and replacement shall be given to ttie Raffle Staff and the
Judicial Records Division. (Sec. 7, Rule 3, RIRCA[a])
SEC. 4. Replacement of Cases.

(a) When cases pertaining to different Justices are consolidated, the Justice to whom
the consolidated cases have been assigned may transfer to the Justice from whom the
consolidated case was taken a case of his/her 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/herself or is disqualified, the Justice to whom
the case is re-raffled may transfer to ttie former a 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
hereof has been taken shall not be given as replacement, (n)
(d) If the replacement is acceptable, the .Justice to whom a replacement case is reassigned shall send the rollo thereof to the Raffle Staff which shail indicate on the cover
of the rolio that it is a replacement case, naming therein the Justice lo whom it is
reassigned, (n).
SEC. 5. Distribution of Cases Upon Assumption of a Newly Appointed or
Transferred Justice. Upon assumption of a Newly Appointed or Transferrad Justice.
- Upon assumption of a newly appointed or transferred Justice, he/she shall lie
assigned, as his/her initial caseload, all cases at whatever stage left by a Justice who
retired, was transferred, was promoted or otherwise ceased to be a member of the
Court, provided that the Presiding Justice shall have the discretion to make adjustments
as may be necessary in the interest of the service.
SEC. 6. Disposition of Pending Cases When a Justice Cases to be a Member of
the Court.
When a Justice retires, is transferred, promoted or otherwise ceases to be a member of
the Couit, he/she shall submit to the Presiding Justice within thirty (30) days, a complete
inventory of his/her pending cases, copy furnished the Clerk of Court, the Judicial
Records Division and the Raffle Staff. Within the same period, the records of said cases
shall be forwarded to the Judicial Records Division, (n)
RULE IVPROCESSING OF CASES AND ACTION ON INTERLOCUTORY MATTERS
SEC. 1. Procedure in the Disposition of Pleadings, Motions and Other Papers.
Within two (2) working days, all pleadings, motions and other papers filed with the
respective docket sections of tiie Judicial Records Division shall be entered in the
docket book, stitched to the roih of the case, paged consecutively and then forwarded to
the Division Cieik of Court concerned.
If the Division Clerk of Court has no authority to act on such pleadings, motions and
other papers, he/she shall prepare the agenda and submit the same to the Division, thru
the Justice concerned, within three (3) working days from receipt in his/her office of the
rotlo, together with the pleadings, motions or other papers.
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
nf [he motion or incident and the opposition thereto, if any, the issues involved and
his/her remarks or recommendations. (Sec. 12, Rule 3, RIRCA[a])
SEC. 2. Action by the Presiding Justice or Executive Justice. When a petition
involves an urgent matter, such as an application for writ of habeas corpus, amparo or
habeas data or for temporary restraining order, and there is no way of convening the
Raffle Committee or calling any of its members, the Presiding Justice or the Executive
Justice, as the case may be, or in his/her absence, the most senior Justice present,

may conduct the raffle ' or act on the petition, subject to raffle in the latter case on the
next working day in accordance with Rule III heieof. (n)
(AMLA cases are limited to the first three most senior Justices as stated In the
law and are raffled by the Chairmen of the First, Second and Third Divisions to
the memheis of their Divisions only.) [n]
SEC. 3. Action by the Division Clerk of Court (a) Unless advised to the contrary
by the Chairperson in consultation with the members of the Division, the Division Clerk
of Court shall, within three days from receipt of motions, pleadings, Judicial Records
Division reports and other communications by his/her office, without need of an
agenda, perform the following:
Require proof of receipt of copies of briefs, pleadings, motions and other papers by the
parties;
Require the parties to submit the required number of copies of their pleadings and/or
legible copies of the assailed decision or resolution;
Note the format entry of appearance of counsel;
Note the substitution of counsel, provided it is accompanied by the written conformity of
the client, If there is no such written conformity, require the counsel to submit the same;
Note the substitution of counsel, provided it is accompanied by the written conformity of
the client. If there is no such written conformity, require ithe counsel to submit the same;
In case of unsigned transcripts of stenographic notes, require the stenographic
reporter concerned to sign the same in the Court, if he/she is within Metro Manila,
Metio Cebu or Cagayan de Oro City, as the case may be, or, if he/she is outside those
areas, to furnish the stenographic reporter concerned with a copy of the unsigned
transcripts with a directive to submit a certification attesting fo the authenticity and
correctness of said unsigned transcripts within five (5) days from notice.
Send letter-tracers to the postmaster concerned for the submission of the official date of
receipt of decision and resolutions by the parties;
Note the compliances of stenographic reporters, branch clerks of court :and
postmasters;
Send copies of decisions and resolutions directly to the parties in lease the same, which
were originally addressed to their counsel, have been returned with the postal notation:
"Deceased" or other words of similar import, and
Cause personal sen/ice of temporary restraining orders and writs of preliminary
injunction on counsel and parties, if within Metro Manila, Metro Cebu or Cagayan de
Oro City, as the case may be, or if outside those areas iby telegram, to be followed by
either special registered speed mail or airmail. (Sec. 8, Rule 3, RIRCA[a])
Actions taken by the Division Clerk of Court without need of an agendum or
witliout prior consent of Kid Division shall be reported to the justice to whom the
case is assigned for appropriate action.
(b) Within five (5) days after having verified the finality of a decision or resolution, the
Division Clerk of Court shall report such fact in writing to the Division, after which the
Division shall direct the issuance of the entry of judgment by minute resolution. Said
entry shall be effected within three (3) working days from promulgation of the resolution.
SEC. 4. Processing of Ordinary Appeals.
(a) In Civil Cases.
(1) Upon receipt of the original record, whether by personal 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 judgment 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-G. R. 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 Clark 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 record is received by mail without
explanation for its incompleteness, for him/her to get the records personally from the
Cow t 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 liie appealed decision or order be appended to the brief.
(Sec. 2, Rule 4, R1RCA [a])
(2) If the records are being transmitted personally, the Civil Cases Section shall
immediately examine the same in the presence of the filerand, if incomplete, issue a list
of the missing poitions. [n]
(3) If the transcript of stenographic notes aie 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/her pail to lake the necessary steps to
complete the transcripts within thirty (30) days from notice may lesult in the dismissal of
the appeal, (Sec. 2. Rule 4, RIRCA[a])
(4) Issuance of Notices. All notices mentioned in this Rule shallbe issued in the name
of the Clerk of Court by the Chief, Judicial Records Division or by the Division Clerk of
Court. (Sec. 3, Rule 4, RIRCA)
(5) When Case Deemed Submitted. After the briefs have been filed or the period for
their filing has expired, the Judicial Records Division shall immediately forward the folio
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 lhat the case may
be deemed submitted for decision, (n)
(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.U. CR number. (Sec. 2, Rule 5, 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 fur review of criminal cases and appeals from confiscation or forfeiture of bail
bonds. (Sec. 3, Rule 5, 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". (Sec. f, Rule 5, RIRCA)
(3) Appeals from Contempt of Court Appeals from orders finding a person in indirect
contempt of couil si sail be treated as appeals in criminal cases, [n]
SEC. 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. {Sec, 1, Rule 6, RIRCA[a])
(b) Upon filing of the petition and payment of the docket and other lawful fees as well as
deposit for costs, the Special Cases Section shall immediately:
(1) Check if all the pleadings and documents required under the Rules of Court
are attached to the petition, prepare the rollo, record the same in the docket book for
special cases and assign the corresponding CA-G.R. SP number or UDK-SP number;
(2) Make a notation of tiie payment or non-payment of the docket and other lawful fees
and deposit for costs or the insufficiency thereof on the first page of the rollo;
(3) Forward the rollo to the Raffle Staff for assignment to a justice for appropriate action;
(c) Certiorari, Prohibition, Mandamus and Quo Warranto. The provisions of Rule
46, as far as applicable and, Rules 65 and 66 of the Rules of Court shall govern
pelitions for certioiari, 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 pelitions for habeas corpus, (n)
(e) Amparo. The provisions of A.M. No. 07-9-12-SC shall govern petitions for
writ of amparo.
(f) Habeas Data. The prov isions of A. M. No. 08-1-16-SC shall govern petitions
for writ of habeas data.
(g) Anti-Money Laundering. The provisions of A.M. No. 05- 11-04-SC shall
govern anti-money laundering cases.
(h) Special Cases on Appeal. - The original records of special cases on appeal
shall he processed by the Special Cases Section in accordance with Sec. 4 of this
Rule, insofar as the procedure for the processing of ordinary civil cases are
applicable, and assigned a CA-G.R. SP number.
RULEV INHIBITION OF JUSTICES
SEC. 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/she shall immediately notify
the Raffle Committee and the members of his/her Division, (n)
SEC. 2. Voluntaiy Inhibition of a Justice An inhibition of a Justice, whether
mandatory or voluntary, must be made within ten (10) working days from his/her
discovery of a just and valid reason to inhibit.
Copies of the action of the Justice shall be furnished to the other members of the
Division, the Presiding Justice, the Raffle Committee and the Division Clerk of
Court. (n)
SEC. 3. Motion to Inhibit a Division or a Justice. A motion for Inhibition must be in
writing and under oath and shall state the grounds therefor.
A motion for inhibition of a Division or a Justice must be acted upon by the

Division or the Justice concerned, as the case may be, within ten (10) working
days from its/his/her receipt thereof except when there is an application for a
temporary restraining order, in which case, the motion must be acted upon
immediately.
No motion for inhibition of a Justice or a Division will be granted after a decision
on the merits or substance of the case has been rendered or issued by any
Division except for a valid or just reason, e.g. allegation of corrupt motives.
[Pursuant to AM No. 02-6-13-CA dated June 19, 2007 of the Supreme Court] (n)
One who files a motion for inhibition without basis and manifestly for delay may
be cited in contempt of court. A lawyer who assists in the filing of such baseless
and dilatory motion may be referred by the Justice concerned or by the Court
motu proprio to the Supreme Court for appropriate disciplinary action.
SEC. 4. Action on Inhibition. The action on the inhibition shall be attached to the
rollo and paged.
SEC. 5. Right of Replacement. When a Justice inhibits himself/herself from a
case, Ihe Justice to whom it is raffled may replace it with another case of similar nature
and status, subject to Sec. 4 (c), Rule ill. (n)
RULE VI PROCESS OF ADJUDICATION
SEC. 1. Justice to whom a Case is Assigned. Every case assigned to a Justice,
whether appealed or original, shall be retained by him/her even if he/she is transferred
to another Division in the same station (Sec. 2, Rule 8, RIRCA [a]). Adjudication of
cases shall be made by the Justice to whom the case is assigned and the
members of his/ her Division except as provided hereunder.
Members shall have five (5) working days from receipt of the draft report to make
their concurrence or dissent, (n)
SEC. 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 is disqualified, his/her replacement shall
be chosen by raffle from among the Justices in the same station;
(c) If one or both of the other members of the Division is/are on leave of absence,
disqualified, transferred or no longer member/s of the Court, his/her/their replacement
shall be chosen by raffle from among the Justices in the same station. The Division shall
be called Special (No.) Division;
(d) When, in an original action or petition for review, any of the following proceedings
has been taken, namely: (i) giving due course; (ii) granting temporary restraining
order, writ of preliminary injunction, or new trial; (iii) granting an application for
writ of habeas corpus, amparo or habeas data; (iv) granting an application for a
freeze order; and (v) granting judicial authorization under the Human Security Act
of 2007, the case shall remain with the Justice to whom the case is assigned and the
Justices who participated therein, regardless of their transfer to other Divisions in the
same station. The case may not be unloaded by the ponenta to complete the case
assignments of a Justice who is newly- appointed or transferred from another
station of the Court.
(e) However, if only one member of the Division who participated in any of the

proceedings mentioned in subparagraph (d) hereof remains, the Raffle Committee

shall automatically assign the case to him/her;
However, if all the members of said Division have ceased to be members of the Court
or have transferred to other stations, the Judicial Records Division shall make a request
to the Raffle Committee for a new ponente; and (n)
(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.
(Sec. 2, Rule 8, RIRCA [a])
(g) When the issuance of a warrant of arrest has been authorized by the Division,
the same shall be signed by the concerned Division Clerk of Court, (n)
SEC. 3. Power of the Court to Receive Evidence. The Court may receive evidence
in the following cases:
(a) In actions falling within its original jurisdiction, such as: (1) certiorari, prohibition and
mandamus, (2) annulment of judgment or final order; (3) quo warranto; (4) habeas
corpus; (5) amparo, (6) habeas data, (7) anti-money laundering and (8) application for
judicial authorization under the Human Security Act of 2007.
(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 Sec. 12, Rule 124 of the Rules of Court; and In
appeals involving claims for damages arising from provisional remedies.
SEC. 4. Hearing on Preliminary Injunction. The requirement of a hearing on an
application for preliminary injunction is satisfied with tine issuance by the Court of a
resolution served upon the party sought to be enjoined requiring him/ her to comment
on said application within a period of not more than ten (10) days from notice. Said party
may attach documents to his/her comment which may show why the application for
preliminary ii junction should be denied. The Court may require the party seeking the
injunctive relief to file a reply to the comment wilhin five (5) days from receipt of the
latter.
If the party sought to be enjoined fails to file his/her 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, riotvyjthstending, the, Court may, in its sound discretion, set
the application for preliminary injunction for hearing, during which the parties may
present their respective positions or submit evidence in support thereof, (n)
SEC. 5. Action by a Justice. All members of the Division shall act upon an
application for temporary restraining order and 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 ponante is present, then he/she shall aci 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.
SEC. 6. Judicial Action on Certain Petitions. (a) Before requiring comment on
or giving due course to, a petition for review or after the receipt of the respondent's
comment on, or answer to, the petition, or if no comment or answer is filed within the
period to file it, the Court may dismiss the petition if it finds the same to be patently

without merit or prosecuted manifestly for delay or the questions raised therein are too
unsubstantial to require consideration.
Before the petition for review is given due course, the Court may require the court a
quo or quasi-judicial agency to either elevate the original records of the case or supply
it with copies of pleadings and documents which it needs in acting upon the petition at
that stage of the proceedings.
If the petition is given due course, the Court may either (i) require the court a quo or
quasi-judicial agency to elevate the records of the case, (ii) set the case for oral
argument, (iii) require the parties to submit their memoranda or (iv) consider the case
submitted for decision. After the oral argument or upon submission of the memoranda or
expiration of the time to file the same, the case shall be deemed submitted for decision.
(b) In petitions for certiorari, prohibition and mandamus, the provisions of Rule 65, in
relation to Rule 46, of the Rules of Court shall apply.
SEC. 7. The Justices Who Shall Act on Motions for Reconsideration.
(a) If during the completion-of-record stage, 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 the motion for reconsideration of said interlocutory order. The adjudication on tiie
merits of the case shall be made by the current members of the Division of the Justice
to whom the case is assigned, (n)
(b) A motion for reconsideration of a decision or final 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 said decision or final
resolution, regardless of whether such members are already in other Divisions at the
time the motion for reconsideration is filed or acted upon, provided that they are still in
the same station, otherwise, Sec. 2, Rule VI shall apply, (n)
(c) If the ponente has ceased to be a member of the Court or has inhibited
himself/herself from acting on the abovementioned motion for reconsideration or has
transferred to another station, he/she shall be replaced by another Justice who shall be
chosen by raffle from among the remaining members of his/her Division in the same
station, whether regular or acting, who participated in the rendition of the decision or
final resolution, and the resulting vacancy therein shall be filled by raffle from among
the other Justices in the same station.
If only one member of the Division, whether regular or acting, who participated in the
rendition of the decision or final resolution, remains, the motion for reconsideration
shall be sent to him/her by the Raffle Committee and he/she shall act thereon with the
participation of the other members of his/her Division, (n)
(d) If the ponente and all the members of the Division, whether regular or acting, who
rendered the decision or final resolution have ceased to be members of the Court or
are no longer in the same station, the case shall be raffled to any Justice in the same
station and the motion for reconsideration shall be acted upon by him/her with the
participation of the other members of his/her Division, (n)
SEC. 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.
(!) 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) Anti money-laundering cases;
(3) Amparo cases;
(4) Habeas data cases;
(5) Agrarian cases;
(6) Original petitions where injunctive relief has been granted; and
(7) Petitions for review which have been pending in the Court for a long time. (Sec. 3,
Rule 8, RIRCA [a])
SEC. 9. Study, Report and Deliberation on the Case.
The Justice to whom the case is assigned shall submit a written report thereon to the
other members of his/her Division for consuliation. The Chairperson of the Division
shall include the case in an agenda for a meeting of the Division for its deliberation, if
the other members agree with the report after such deliberation, the Division shall
choose the ponente who shall write the decision for signature and immediate
promulgation. Minutes of the meeting shall be kept. (Sec. 4, Rule 8, RIRCA [a])
Every decision shall be accompanied by the minutes of consultation and
deliberation duly accomplished and signed by all the members of the Division in
the following form:
"Minutes of Consultation and Deliberation in (Docket No.), entitled (Title of Case)"
I. Comments on the Draft Report prepared by Justice (to whom the case was
raffled).
Name of Justice
Agree Dissent Others
___
___
___
___
___ _________________
__
___
___
___
___
___ _________________
__

II. After consultation/deliberation, the Division agreed to assign this case to

Justice (name of Justice) for the writing of the opinion of the Court:
Name of Justice
Agree
Dissent
________
________ ________
_
________
_

Name of
Justice

Name of
Justice
Senior
Member

Chairperson
Name of
Justice
Junior
Member (n)

SEC. 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 five (5) working days from the date ofdeliberation, the Chairperson of
the Division shall refer the case in writing, together with the ro//o, to the Raffie
Committee which shall designate two (2) Justices by raffle from among the
Justices in the same station to sit temporarily with the three members, forming a
Special Division of Five.
A written dissenting opinion shall be submitted by a Justice to the ponente and
the other members of the Special Division of Five within ten (10) working days
from his/her receipt of the records, (n)
If no written dissenting opinion is submitted within the period above-stated, with
no additional period being agreed upon by the majority of said, Division, that
Special Division shall be automatically abafished and'the" case "shall revert'to
the regular Division as if no dissent has been made (n).
(b) The Special Division of Five shall retain the case until its final disposition regardless
of reorganization, provided that all the members thereof remain in the same station.
(Sec. 4, Rule 8, RIRCA [a])
(c) After a member of the Division, whether regular or acting, has expressed
his/her dissent in writing and the Special Division of Five is constituted, that
Special Division shall retain the case until its final disposition despite changes in
membership of the Division to which the ponante has been assigned caused by
reorganization or other causes, provided that the members of the Special Division
remain in the same station. (Supreme Court Resolution dated May 25, 1993).
An acting member who has expressed his/her dissent in writing shall continue to
be a member of the Division of the ponente in such capacity until the final
disposition of the case, regardless of I reorganization which results in the

transfer of either the ponente or the acting member to the other divisions,
provided the two remain in the same station.
(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 Chairperson.
(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.
SEC. 11. Certification. - Every decision shall be accompanied by a certification signed
by the Chairperson or the most senior member as the Acting Chairperson 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])
SEC. 12. Resolutions. 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)
SEC. 13. Promulgation of Decisions and Resolutions. Promulgation of decisions
and resolutions shall be the direct responsibility of the Division Clerk of Court.
(a) Promulgation is made by filling the decision or resolution with the Division Clerk of
Court who shall fortwith annotate the date and time thereof and attest to it by his/her
signature thereon.
(b) The Division Clerk of Court shall record in the Promulgation Book the docket
number, title of the case, 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/her 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 Cierk 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])
A case remanded by the Supreme Court to theCourt of Appeals for further proceedings
shall go back to the justice to whom the case has been assigned. If such justice is no
longer a member of the same station or of the Court, the case shall be raffled
stationwide.
SEC. 14. Number of Copies and Distribution. Decisions 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.
SEC. 2. Statiwn and Place afriiolding Sessions.
(a) 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 Sixth, Seventh and Eighth Judicial Regions; and the twenty-first, twentysecond and twenty-third Divisions shall be in Cagayan de Oro City for cases coming
from the Ninth, Tenlft, Eleventh and Twelfth Judicial Regions.
(b) The members of the Court in each station are classified according to the order
of their seniority.
In the City of Manila, the first seventeen most senior members, including the
Presiding Justice, shall be Chairpersons of the seventeen Divisions in
consecutive numerical sequence. The next seventeen members shall be senior
members of the Divisions, while the rest shall be junior members, (n).
The first three most senior members in each station in Cebu and Cagayan de Oro
including the Executive Justice, shall be Chairpersons of the three Divisions
therein in consecutive numerical sequence. The next three members shah be
senior members of the Divisions, while the rest shall be junior members, (n).
(c) Whenever demanded by public interest or wheneverjustified by an increase in case
load, the Supreme Court, upon recommendation of the Presiding Justice, may authorize
any Division of the Court to hoid 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}
(d) An en Banc session may be conducted using the facilities of teleconferencing,
(n)
SEC. 3. Exercise of Powers and Functions. The Court of Appeals shall exercise its
adjudicative powers, (unctions 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])
A Division of the Court shall be presided by the Chairperson or, in his/her absence, by
the senior member thereof. If the substitute member is the most senior, he/she shall be
the Acting Chairperson. (Sec. 6, Rule 1,RIRCA[a])
SEC. 4. Court En Banc. The Court en Banc shall be presided by the Presiding
Justice or, in his/her absence, by the most senior Justice in attendance. A majority of
the 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.
(Sees. 3 and 4, Rule 1, RIRCA[a])
Members of the Court present in the teleconferencing /video shall be counted for
the purpose of determining the existence of a quorum and the vote required for
approval of any matter.
The Presiding Justice shall have control and supervision over the administrative affairs
of the Court. In the case of the Divisions of the Court stationed in the cities of Cebu and

Cagayan de Oro, the Presiding Justice may delegate such administrative functions as
he/she may deem necessary to the Executive Justice in each station, who shall be
designated by the Supreme Court from among the recommendees of the Presiding
Justice on the basis of, among other things, administrative qualifications, experience,
abiiity, probity and seniority in the station. Unless restricted by the Presiding Justice, the
powers of the Executive Justice shall include the designation of acting members to fill
up absences, approval of applications for leave of absence, authority for special raffle,
temporary detail of Court personnel within the station, signing of vouchers and such
other acts as may be necessary for the day-to-day operations of the Court in each
station. (Per en banc Resolution dated 13 July 2004 in A.M. N. 03-05-03-SC) (n)
In consultation with the Committee on Rules, the Presiding Justice shall resolve
all disputes, grievances and complaints in the application and interpretation of
these Rules. The decision of the Presiding Justice shall be final and binding, (n)
SEC. 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 protection
and preservation of the integrity of the judicial processes, the speedy disposition of
cases and the promotion of efficiency of the personnel;
(d) Discuss and thresh out divergent views on a particular question of law so as to reach
a consensus thereon or minimize, if nof eliminate, conflict in decisions and resolutions
of iUe different Divisions on the interpretation and application of a provision of law;
(e) Take up other administrative matters which the Presiding Jusiice or any member
may submit for consideration and inclusion in its agenda:
(f) Recommend to the Supreme Court Ihe 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 and former members who die after
retirement and hold necrologies! services for its members who die in office (Sec. 2,
Rule 2, RIRCA). (a)
Sec. 6. Filling of Vacancy Due to Absence or Temporary Incapacity.
(a) In the absence or temporary incapacity of the Presiding Justice, the most
senior Associate Justice shall act as Presiding Justice until the regular Presiding
Justice returns and reassumes his/her office or his/her incapacity is removed; (n)
(b) In the absence or temporary incapacity of the Chairperson of a Division,
he/she shalf be substituted as acting Chairperson, on the basis of seniority, by
either the regular senior member of that Division or a senior member chosen by
raffle from any of the other Divisions in the same station; the other senior
member shall be the acting or regular senior member, as the case may be; (n)
(c) In the absence or temporary incapacity of a senior member of a Division,
he/she shall be substituted as acting senior member, on the basis of seniority, by

either the regular junior member of that Division or a junior member chosen by
raffle from any of the other Divisions in the same station; the other junior member
shall be the acting or regular junior member, as the case may be; (nj
(d) In the absence or temporary incapacity of the junior member of a Division,
he/she shall be substituted as acting junior member by another junior member
chosen by raffle from any of the other Divisions in the same station, (n)
In paragraphs (b), (c) and (d), the acting member shall act as Chairperson, senior
member or junior member of the Division concerned, as the case may be, until
the regular member reassumes his/her office or his/her incapacity is removed. The
acting member so designated shall continue as regular member of his/her
Division, (n)
If none in either the Cebu City or Cagayan de Oro station is available for the rank
to be filled in an acting capacity, the raffle shalf include those in other ranks, (n)
Where a Special Division is constituted, the seniority rule shall be observed, (n)
When a Justice participates in a case in an acting capacity on a matter other than
the adjudication thereof, the same must appear in the corresponding resolution.
When a justice participates in the hearing of a case in such capacity, the same
must be announced by the Chairperson in open court before the start of the
hearing, (n)
SEC. 7. Standing Committees. - There shall be standing committees, each of which
shall be composed of a Chairperson and at least two (2) members, all of whom shall
be appointed by the Presiding Justice wilh the concurrence of the majority of the
members of the Court. They shall serve for a term of two (2) years. (a)
The Presiding Justice may create additional committees and appoint members
thereto subject to ratification by the members of the Court, (n)
The standing committees which shall assist the Court on various matters are the
following:
(a) Committee on Ethics and Special Concerns. - On matters involving ethics and
discipiine of its judicial officers from Division Chiefs and higher and employees. The
Committee's tasks include the following: (1) identify and address problem areas in the
performance of duties of the Court to ensure honest, effective, efficient and speedy
administration of justice; (2) prepare and submit to the Presiding Justice
recommendations and suggestions to solve the problems earlier mentioned; ( 3) review
and submit-comments and recommendations on reports of investigating officers on
administrative complaints "against officers and employees of the Court; (4) formulate
and recommend policies and administrative procedures on the discipline of Court
personnel; and (5) perform other tasks or duties as may be assigned to it by the
Presiding Justice or the Court, (a)
A verified complaint filed against a member, official or employee of the Court
shall be referred to the Committee on Ethics and Special form and substance. If
so finds, sadi Committee shall endorse the complaint to the Presiding Justice the
transmittal to the Supreme Court for proper action. (n)
(b) Committee on Personnel.- On matters involving personnel, such as recruitment,
appointment, monitoring of leaves of absence, training, change of organizational
structure, creation of positions, discipline, retirement and termination of services.
(c) Committee on Budget and Finance.- On matters involving the (1) preparation of

annual budget, (2) allotment of funds, (3) accounting and (4) all financial transactions,
(a)
(d) Committee on Security.- On matters involving the (1) formulation of security policies,
and (2) enforcement and implementation of security measures, such as wearing of ID.
cards, control of visitors, etc. (a)
(e) Committee on Records Management and Information Service.- On matters involving
the management of records, information and statistical data.
(f) Committee on Employees Welfare and Benefits.- On matters involving the (1)
creation and maintenance of medical and dental services, (2) establishment and
operation of a health and welfare plan and providant fund, (3) establishment and
supervision of canteen for Justices, officials and employees, and (4) maintenance of
equipment and facilities for employees, (a)
(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 the (1) the
construction, repair, improvement and maintenance of buildings and grounds, and (2)
installation of safety and necessary devices.
(j) Committee on Purchase and Acquisition of Court Facilities, Equipment and Supplies.On matters involving the purchase, acquisition, maintenance and disposal of vehicles,
office equipment, supplies, books, computers and furniture, and conducting required
biddings and awards.
(j) Committee on Rules. - On matters involving the amendment and revision of these
Rules, (a)
Upon request of the Presiding Justice, the Committee on Rule shall give an
option on the application and interpretation of these Rules. (n)
(k) Committee on Court of Appeals Journal. - On the matter of maintaining and
improving the Court of Appeals official journal.
{l) Committee on Public Information. - On matters involving the dissemination of
information concerning matters of public interest and release of official
statements on questions concerning the Court and official acts of Justices and
Court officials. It may perform other functions as may be assigned by the Court
en banc, (n)
The Chairperson of the Committee on Public Information shall be the official
spokeperson of the Court. He/She may delegate the dissemination of official
information to other members of the Committee and/or the Clerk of Court. (n)
No member, official or employee of the Court shall give a comment regarding the
merits of any case pending before it. (n)
(m) 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 shall be given priority to travel abroad on official time or business
and to make the necessary recommendations thereon, (a)
(n) 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 operation of the Administrative Building in said City, (n)

(o) Committee on Computerization, Library and Modernization. -On matters

involving operation and maintainanceofthe Court of Appeals Case Management
Information System (CMiS), the management of the Court Library and the setting
up of an e-library section, and the automation/modernization of ail other court
processes handled by the other offices of the Court rendering support services,
(n)
SEC. 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 Division shall hold constitutiions. (Sec. 3, Rule 2 RIRCA [a])
SEC. 9. Reorganization of Divisions
(a) Reorganization of Divisions shall be effected whenever a permanent vacancy occurs
in the Chairpersonship of a Division, in which case, the assignment of Justices to the
Divisions shall follow the order of seniority.
(b) A Justice may state in writing his/her preference to be assigned in a particular
station. Mis/Her statement of preference shall be taken into consideration by the
Presiding Justice in effecting the reorganization of the Divisions based on the
order of seniority.
The statement of preference shall be effective untii withdrawn tn writing before
the reorganization. For this purpose, the statement of preference shall be as
follows:
"STATEMENT OF PREFERENCE"
Except in cases of temporary assignment, I hereby express my preference to be
assigned in (station).
It is understood that this preference and my resulting assignment will not affect my
seniority iii the Court of Appeals.
It is further understood tiiat this statement of preference shall be effective until revoked
in writing.
_____________________________
Date
_____________________________
Associate Justice (n)
(c) In the exigencies of the service, the Presiding Justice may temporarily assign an
Associate Justice to any station or defer she reorganization of the Divisions. He may
also cause the temporary assignment of a Justice in one station to substitute for
another in some other station on official time or official business, (n)
(d) Except on a temporary basis and in the exigencies of the service, no Justice
may be reassigned to another station without his/ her consent. (n)
(e) Should appointments to the Court require the creation of a new Division or Divisions,
the most ranking senior members shall be the Chairperson or Chairpersons of such
new Division or Divisions, and the resulting vacancies in the senior membership shall be
filled by the most ranking junior members, subject to the provisions of the preceding
paragraph. The new appointees shall be assigned to the resulting vacancies as junior
members. (Sec. 5 [a], Rule 1, RIRCA)
(f) A permanent vacancy in the ranks of junior members shall be filled by the most junior

member as acting junior member of ttie Division where the vacancy exists pending
reorganization of the Divisions, in addition to his/her duties as regular member of
his/her current Division. (Sec. 5, Rule 1, RIRCA [a|)
(g) When the members of a Division fail to reach a unanimous vote, its Chairperson
shall direct the Raffle Committee to designate by raffia two (2) additional members to
constitute a Special Division of Five. In the seiecfion of the additional members, the rule
on equal assignment shall be observed (Sec. 6, Rule 1. RIRCA [a])
SEC. 10. Other Court Officials and their Duties.
(a) Clerk of Court. The Clerk of Couit is the administrative officer of the Court.
He/She shall be under the direct supervision of the Presiding Justice and is accountable
to the Court. He/She shall take charge of the administrative supervision of tne Court and
exercise general or administrative supervision over subordinate officials and employees,
except the co-terminous staff. He/She shall assist the Piesiding Justice in the
formulation of programs and policies for consideration of the Court en banc(Sec. 11,
Rule 1, RIRCA [a]).
ft 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 actuations 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 tiem, be assigned to him/her 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/her duties and functions and perform such other duties
arid functions as may be assigned to him/her 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 unfil his/her successor shall have been
appointed and qualified; in case of absence or incapacity of ihe Clerk of Court, the
Assistant Clerk of Court shall perform the duties of the C\ei k of Court until the latter
reports for duty. (Sec. 11, Rule 1, RIRCA [a]) (3JJPerf6rni b'ther functions as''may, from
time to time, be assigned to him/her by the Presiding Justice or ihe Court.
(c) Division Clerks of Court. Each Division shall be assisted by a staff composed of
a Division Clerk of Court (Executive Clerk of Court III), an Assistant Division Clerk of
Court and such personnel as the exigencies of the service may warrant, (a)
The Division Clerks of Court shall be under the direct control and supervision of the
Chairperson of the Division (Per en banc Resolution dated 13 July 2004 in A. M. No.
03-06-03-SC) (a)
The Division Clerk of Court shall:
(1) Direct and supervise the staff of ihe Division; maintain the records of the Division
efficiently and orderly; keep track 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 Ihe records of cases; examine the records of cases to
be acted upon by the Division, such as the payment of docket and other legal fees, filing
of briefs, memoranda and other papers within the allowable periods; prepare the
agenda for motions and other incidents needing action by Ihe 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 ihe proceedings and prepare Ihe
minutes thereof; receive the decisions and resolutions of the Division for immediate
promulgation regardless of the absence of any of the signatories thereof; and, upon
order of the Division, make entries of judgment, (a)
(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 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 Chairperson.
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 ihe Raffle Committee for
substitution; but if no Juslice 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 decisions 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/her staff; and distribute to the Justices copies of decisions 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
Reportei;
(3) Publish in ihe Official Gazelle and the Court of Appeals Reports Annotated decisions
and final resolutions together with their syllabi in consultation with the ponentes;
(4) Prepare 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 finai 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, ttie 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])
SEC. 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 Ihe Supreme Com I,
Appoinfments of all other personnel shall be recommended by the Piesiding Justice.
Upon receipt of the Supreme Court resolution approving the recommendation, shall be
prepared for the counsel of the parties in the case. (Sec. 7, Rule 8, RIRCA[a])
SEC. 15. Effect of Filing an Appeal in the Supreme Court. No motion for
reconsideration or rehearing shali 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

SEC. 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 resolutions 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 acquitted or his/her 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 She motion is made voluntarily, intelligently
and knowingly or may require his/her counsel to comment thereon.
When there are several accused in a case, some of whom, appealed and others did not,
entry or 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
withdrawn or when a decision based on a compromise agreement is rendered. (Sees. 1
and 7, Rule 11, RiRCA [a])
SEC. 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 il became final and
executory. (Sec. 3, Rule 11, RIRCA fa])
SEC. 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])
SEC. A. 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])
SEC. 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.
SEC. 6. Transmittal of Records. 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 VIIIMISCELLANEOUS PROVISIONS

SEC. 1. Erroneous Transmittal of Records. if it clearly appears from the notice of
appeal that the appellant had directed his/her 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 or the Executive
Justice, as the case may be, for proper disposition. (Sec. 1, Rule 12, RIRCA)
SEC. 2. Case Received Without Docket and Other Legal Fees and Deposit for
Costs. When an original petition is received by mail without docket and other lawful
fees and deposit for cost the Judicial Records Division shall assign to it an undocketed
special case number {UDK-SP) and submit said case to the Raffle Committee for raffle.
The Special Cases Section shall maintain a record book of undockeied special cases
for his/her purpose, (n)
SEC. 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])
SEC. 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])
SEC. 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 (he 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 one docket number.
(b) In an original petition involving two or more consolidated cases, only one docket and
other lawful fees and deposit for costs shall be paid by the petitioners. (Sec. 5, Rule 12,
RIRCA [a])
SEC. 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 fa])
SEC. 7. Report on Late Payment Payment of docket and other lawful fees and
deposit for costs made after the elevation of the original records shall be reported to the
Court for appropriate action, (n)
SEC. 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])
SEC. 9. Color Code of Rollos. To facilitate the identification of cases, the cover of
rolios 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;
(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;
(i) White for heinous crimes cases;
(j) Lavander for petition for review in criminal cases; and
(k) Blue for all other special cases. (Sec. 8, Rule 12, RIRCA)
SEC. 10. Sessions in Bagnio 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) Divisions on rotation basis during
the summer months.
The Presiding Justice shall prepare a schedule of session to Baguio City. (n)
SEC. 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. Unless otherwise provided for in existing rules, the Presiding Justice or
any one acting in his/her place is authorized to act on any matter not covered by these
Rules. Such action shall, however, be reported to the Court en bane (Sec. 10, Rule 12,
RIRCA [a])
SEC 12. Repealing Clause. Upon effectivity of these Rules, all resolutions, orders,
memoranda and circulars of this Court ; which are inconsistent therewith are hereby
repealed or modified accordingly. (Sec. 11, Rule 12, RIRCA [a])
SEC. 13. Effectivity Clause. These Rules shall become effective on February 3,
2010 after publication in a newspaper of general circulation, (n)