RULE 48
PRELIMINARY CONFERENCE
Section 1. Preliminary Conference. – At any time during the
pendency of a case, the court may call the parties and their
counsel to a preliminary conference:
a. To consider the possibility of an amicable settelement,
except when the case is not allowed by law to be
compromised;
b. To define, simplify and clarify the issues for
determination;
To formulate
c. stipulations of facts and admissions of documentary
exhibits, limit the number of witnesses to be presented
in cases falling within the original jurisdicition of the
court, or those within its appellate jurisdiction where a
motion for new trial is granted on the ground of newly
discovered evidence; and
d. To take up such other matters which may aid the court
in the prompt disposition of the case.
(Rule 7, CA internal Rules)(n)
Section 2. Record of the conference. – The proceedings at such
conference shall be recorded and, upon the conclusion thereof, a
resolution shall be issued embodying all the actions taken
therein, the stipulations and admissions made, and the issues
defined.
Section 3. Binding effect of the results of the conference. –
Subject to such modifications which may be made to prevent
manifest injustice, the resolution in the preceding section shall
control the subsequent proceedings in the case unless, within
five (5) days from notice thereof, any party shall satisfactorily
show valid cause why the same should not be followed.
Comment: The matters discussed in Rule 48 (Preliminary conference)
are basically the same matter which we discussed in Pre-Trial.
RULE 49
ORAL ARGUMENT
Section 1. When allowed. – At its own instance or upon motion of
a party, the court may hear the parties in oral argument on the
merits of a case, or on any material incident in connection
therewith.
The oral argument shall be limited to such matters as the court
may specify in its order or resolution.
Section 2. Conduct of oral argument.- Unless authorized by the
court, only one counsel may argue for a party. The duration
allowed for each party, the sequence of the argumentaion, and all
other related matters shall be as directed by the court.
Section 3. No hearing or oral argument for motions. – Motion shall
not be set for hearing and, unless the court otherwise directs, no
hearing for oral argument shall be allowed in support thereof. The
adverse party may file objections to the motion within five (5)
days from service, upon the expiration of which such motion shall
be deemed submitted for resolution.
Comment: Different ang oral argument sa Court of Appeals and sa
Supreme Court kaysa sa mga oral argument in the regular courts.
Example:
1. Sa Regional Trial Court, usually mag argue ang plaintiff’s
lawyer, maghimo siya mga arguments orally then it will be
answered by the defendant, naay exchange of argument.
Walay specific order, walay specific rules.
2. Sa Supreme Court, when you say oral argument, dili na
magtubaganay ang parties, so each counsel will be allowed
to speak a certain number of minutes like 10 minutes to
make a opening statement, and after that, you will be
interpolated one by one, depende lang saila kung gusto ka
nila e question.
Murag kog recitation sa classroom na mangutana saimuha
ang teacher so the same goes na mangutana pod saimung
ang mga justices.
RULE 50
DISMISSAL OF APPEAL
Section 1. Ground for dismissal of appeal. – An appeal may be
dismissed by the Court of Appeals, on its own motion or on that
of the appellee, on the following grounds:
a. Failure of the record on appeal to show on its face that
the appeal was taken within the period fixed by these
Rules;
b. Failure to file the notice of appeal or the record on
appeal within the period prescribed by these Rules;
c. Failure of the appellant to pay the docket and other
lawful fees as provided in Section 5 of Rule 40 and
Section 4 of Rule 44;
d. Unauthoried alterations, omissions or additions in the
approved record on appeal as provided in Section 4 of
Rule 44;
e. Failure of the appellant to serve and file the required
number of copies of his brief or memorandum within the
time provided by these Rules;
f. Absence of specific assignment of errors in the
appellant’s brief, or of page references to the record as
required in Section 13, paragraps (a), (c), (d) and (f) of
Rule 44;
g. Failure of the appellant to take the necessary steps for
the correction or completion of the record within the
time limited by the court in its order;
h. Failure of the appeallant to appear at the preliminart
conference under Rule 48 or to comply with orders,
circulars, or directives of the court without justifiable
causel and
i. The fact that the order or judgment appealed from is not
appealable.
Comment: Kung wala nimo na comply kadtong mga requirements
under the rules that we have discussed under Rule 41, Rule 42, Rule
43. So depende kung unsa siya na klase na appeal if it is a ordinary
appeal under Rule 41, kung wala nimo na comply, it can be dismissed.
Petition for Review under Rule 42 from the decision of the RTC or
petition for review under Rule 43 from a decision of a quasi
judicial agency, so kung wala nimo ni na comply pwede siya ma
dismiss
Section 2. Dismissal of improper appeal to the Court of Appeals. –
An appeal under Rule 41 taken from the Regional Trial Court to
the Court of Appeals raising only questions of law shall be
dismissed, issues purely of law not being reviewable by said
court. Similarly, an appeal by notice of appeal instead of by
petition for review from the appellate judgment of a Regional Trial
Court shall be dismissed.
An appeal erroneously taken to the Court of Appeals shall not be
transferred to the appropriate court but shall be dismissed
outright.
Comment:
So appeal under Rule 41, this is an appeal from the Regional Trial
Court from the exercise of the RTC’s original jurisdiction to the Court of
Appeals.
When it is a question of law, which is the subject of the appeal, we
discussed before na we do not go before the Court of appeals, you go
to the Supreme Court unde Rule 45. Sa Rule 41, ang madala nimo sa
Court of appeals na appeal would be questions of fact or mixed
questions of fact and law
If it is an appeal by notice of appeal also instead of a petition for
review, dba under Rule 41 kung exercise sa RTC of its original
jurisdiction and you want to appeal on questions of fact or mixed
questions of law, you go the Court of Appeals by notice of appeal.
Kung pure questions of law, you got to the Supreme Court by petitioner
for review on certiorari under Rule 45.
Now if it is an exercise by the RTC of its appellate jurisdiction, and
then now the RTC rendered a decision, tapos gusto napod nimo e
appeal ang decision sa RTC which is in the exercise of its appellate
jurisdiction, you appeal to the Court of Appeals on question of fact,
purely questions of law, or mixed questions of fact and law. The mode
will be by petition for review, it is not by notice of appeal.
So kung mali ka dinha unya nag notice of appeal ka, then it can be
dismissed.
Decision made by the RTC exercising its original jurisdiction and you
want to question that decision on pure questions of law, and then you
appeal to the CA, mali na siya, Supreme Court dapat under Rule 45.
What will happen now? The CA shall dismiss outright your appeal.
The CA will not refer anymore to the Supreme Court or transfer it to
any other court kay dismissed lang ang pwede buhaton sa Court of
Appeals.
Section 3. Withdrawal of appeal. – An appeal may be withdrawn as
of right at any time before the filing of the appellee’s brief.
Thereafter, the withdrawal may be allowed in the discretion of the
court.
Comment:
Q: Can you withdraw your appeal?
A: Yes, a matter of right before the filing of the appelle’s brief. So you
can just withdraw the appeal.
After you file the appellee’s brief and naka dawat nakag copy, the
withdrawal may be allowed in the discretion of the court. Thus, there
will be a motion for leave to withdraw the appeal.
The Reckoning point is the filing of the appellee’s brief.
RULE 51
JUDGMENT
Section 1. When case deemed submitted for judgment. – A case
shall bedeemed submitted for judgment:
A. In ordinary appeals.
1. Where no hearing on the merits of the main case is
held, upon the filing of the last pleading, brief, or
memorandum required by the Rules or by the court
itself, or the expiration of the period for its filing.
2. Where such a hearing is held, upon its termination
or upon the filing of the last pleading or
memorandum as may be required or permitted to be
filed by the court, or the expiration of the period for
its filing.
B. In Original actions and petitions for review. –
1. Where no comment is filed, upon the expiration of
the period to comment.
2. Where no hearing is held, upon the filing of the last
pleading required or permitted to be filed by the
court, or the expiration of the period for its filing.
3. Where are hearing on the merits of the main case is
held, upon its termination or upon the filing of the
last pleading or memorandum as may be required
or permitted to be filed by the court, or the
expiration of the period for its filing.
Comment:
So when is a case deemed submitted for judgment or decision? So
meaning from that time on dili naka pwede maghearing, dili naka
pwede mag file ug any pleading, brief or memorandum.
Ordinary appeals
- By the filing of the last pleading, bried, or memorandum.
Actually in both cases kung naay hearing on the merit or
walay hearing on the merits and case is submitted for
judgment or decision upon the filing of the last pleading, brief
or memorandum. The difference is if there is a hearing, of
course e terminate sa nato ang hearing, then we file the last
pleading or memorandum as may be required or permitted to
be filed by the Rule of Court.
Original Action and Petitioners for review
Comment:
If it is an original action, like petition for certiorari, prohibition,
mandamus, annulment of judgment and petitions for review.
Q: When is the case deemed submitted for judgment or decision?
The 3 instances:
1. Where no comment is filed, upon the expiration of the
period to comment.
2. Where no hearing is held, upon the filing of the last
pleading required or permitted to be filed by the court,
or the expiration of the period for its filing.
3. Where are hearing on the merits of the main case is
held, upon its termination or upon the filing of the last
pleading or memorandum as may be required or
permitted to be filed by the court, or the expiration of
the period for its filing.
Section 2. By Whome rendered. – The judgment shall be rendered
by the members of the court who participated in the deliberation
on the merits of the case before its assignment to a member for
the writing of the decision.
Comment:
Q: Who renders the decision?
A: By the members who participated in the deliberation on the merits.
Section 3. Quorom and voting in the Court. – The participation of
all the Justices of a division shall be necessary at the deliberation
and the unanimous vote of the three justices shall be required for
the pronouncement of a judgment or final resolution. If the three
Justices do not reach a unanimous vote, the clerk shall enter the
votes of the dissenting Justices in the record. Thereafter, the
Chairman of the division shall refer the case, together with the
minutes of deliberation, to the Presiding Justice who shall
designate two Justices chosen by raffle from among all the other
members of the court to sit temporarily with them, forming a
special division of five Justices. The participation of all the five
members of the special division shall be necessary for the
deliberation required in Section 2 of this Rule and the
concurrence of a majority of such division shall be required for
the pronouncement of a judgment or final resolution.
Section 4. Disposition of a case. – The Court of Appeals, in the
exercise of its appellate jurisdiction, may affirm, reverse, or
modify the judgment or final order appealed from, and may direct
a new trial or further proceedings to be had.
Section 5. Form of decision. – Every decision or final resolution of
the court in appealed cases shall clearly and distinctly state the
findings of fact and the conclusions of law on which it is based,
which may be contained in the decision or final resolution itself,
or adopted from those set forth in the decision, order, or
resolution appealed from.
Comment:
Section 5, we already discussed this, kung unsa ang form sa decision
because it is also required by the constitution. If it is of the Court of
Appeals, as we have discussed, pwede lang na e affirm nila in to-to
ang decision sa RTC. So that’s what we call dba a memorandum
decision. So that is also a valid decision.
Section 6. Harmless error. — No error in either the
admission or the exclusion of evidence and no error or
defect in any ruling or order or in anything done or
omitted by the trial court or by any of the parties is ground
for granting a new trial or for setting aside, modifying, or
otherwise disturbing a judgment or order, unless refusal
to take such action appears to the court inconsistent with
substantial justice. The court at every stage of the
proceeding must disregard any error or defect which does
not affect the substantial rights of the parties. (5a)
Example: During the trial the court erroneously excluded evidence, or
maybe in the decision there is an error which is lay from reading the
decision. But the rule says that will not be a ground for granting a new
trial or for setting aside, modifying, or otherwise disturbing a judgment
or order. Because as long as that error does not affect the substantial
rights of the parties, you just disregard that error. Anyway, it will not
affect man, mudaog man gihapon si plaintiff or mudaog man gihapon
si defendant, even if we recognize that error.
Section 7. Judgment where there are several parties.
— In all actions or proceedings, an appealed judgment
may be affirmed as to some of the appellants, and
reversed as to others, and the case shall thereafter be
proceeded with, so far as necessary, as if separate
actions had been begun and prosecuted, and execution
of the judgment of affirmance may be had accordingly,
and costs may be adjudged in such cases, as the court
shall deem proper. (6)
 
Section 8. Questions that may be decided. — No error
which does not affect the jurisdiction over the subject
matter or the validity of the judgment appealed from or
the proceedings therein will be considered unless stated
in the assignment of errors, or closely related to or
dependent on an assigned error and properly argued in
the brief, save as the court may pass upon plain errors
and clerical errors. (7a)
Discussions under Section 7
May be affirmed as to some of the appellants, and reversed as to
others
Example: Daghan ug appellants or daghan ug appellees, it does not
mean na uniform ang decision ni court (like: tanan dapat
nga appellants pildi, or tanan dapat appellees, pildi. Pwede na ang
uban mapildi, mudaog), it does not really follow na uniform tanan.  case. Diba, it will bar the refiling of another case in the
As if separate actions had been begun and prosecuted, and
execution of the judgment of affirmance may be had accordingly
Example: Daghan ug appellants, and some of them gi-reverse
ni court ang judgment ni RTC, and some of them, gi-affirm. So, kung
nagfinal and executory na 'tong judgment ni CA, then pwede na siya
ma-execute. So, it depends pud kung unsa ang tenor sa judgment.
Kung gi-affirm, eh di i-execute nato ang katong judgment of the RTC
which was affirmed by the CA. Kung na-reverse, then wala kay i-
execute, on that particular case. Or, kung modified lang, ang
execution will be in accordance with the tenor of the decision of the CA
which modified some parts of the decision of the RTC.  In original actions in the Court of Appeals, its writ of
Discussions under Section 8
Questions that may be decided on appeal
General Rule: Only those questions which are stated in the
assignment of errors can be considered by the appellate court.
Reason: Because if that is not mentioned in the assignment of errors
of the appellant, the court does not acquire jurisdiction over that issue.
Pwede pud na, that issue is not included in the assignment of errors,
but it is closely related to or dependent on an assigned error and
properly argued in the brief. So, related lang siya, dili siya pwede nga i-
disregard because it will determine also, whether or not that assigned
error shall be considered by the CA. 
Those which are plain errors, even if not assigned and clerical
errors, the court can also consider that.
Question: How about errors affecting the jurisdiction over the subject
matter?
Answer: Well, that can be considered by the CA, by the appellate
court, even if it is not assigned as an error. The court can take
cognizance of that issue because the court, on its own, can even
dismiss the case when it is apparent that the court has no jurisdiction
over the subject matter of the case. 
Section 9. Promulgation and notice of judgment. —
After the judgment or final resolution and dissenting or
separate opinions, if any, are signed by the Justices
taking part, they shall be delivered for filing to the clerk
who shall indicate thereon the date of promulgation and
cause true copies thereof to be served upon the parties or
their counsel. (n)
Section 10. Entry of judgments and final resolutions.
— 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. (2a, R36)
What is the effect if a judgment has become final and executory?
Effects of finality of judgment:
 
1. The prevailing party is entitled to have the judgment
executed as a matter of right and the issuance of the
corresponding writ of execution becomes a
ministerial duty of the court.
Comment: Execution now becomes a matter of right. So,
it now becomes a ministerial duty of the court to issue the
writ of execution.
2. The court rendering the judgment loses jurisdiction
over the case so that it can no longer correct the
judgment in substance but only to make corrections
of clerical errors or mistake.
Comment: The court which render the judgment loses
jurisdiction over the case. So, kung wala na'y jurisdiction
over the case it becomes immutable. The judgment can
no longer be modified. Only if, of course, kung
naa'y clerical errors pwede na siya. Pero generally the
judgment becomes final, immutable, it cannot be
amended anymore.
3. The principle of res judicata supervenes.
Comment: So, when there is another case involving the
same parties, the same cause of action, the same subject
matter, the earlier case which became final and executory
can be raised as a defense in that subsequent
future. So, you know what's res judicata, it is a ground to
dismiss an action, it is a defense. 
Section 11. Execution of judgment. — Except where
the judgment or final order or resolution, or a portion
thereof, is ordered to be immediately executory, the
motion for its execution may only be filed in the proper
court after its entry.
 
execution shall be accompanied by a certified true copy of
the entry of judgment or final resolution and addressed to
any appropriate officer for its enforcement.
In appealed cases, where the motion for execution
pending appeal is filed in the Court of Appeals at a time
that it is in possession of the original record or the record
on appeal, the resolution granting such motion shall be
transmitted to the lower court from which the case
originated, together with a certified true copy of the
judgment or final order to be executed, with a directive for
such court of origin to issue the proper writ for its
enforcement. (n)
Execution of judgment
Now, there are certain judgments even if there are still on appeal, the
rule says they are immediately executory. They are not yet final, but
they are immediately executory (they can be implemented). 
Example: Those under the Rules on Summary Procedure, forcible
entry, unlawful detainer. They are immediately executory. We also
discussed partition, accounting. So, in those cases they are also
immediately executory. So, even on appeal they can be subject to
execution.
Now, in all other cases, kung dili siya declared to be immediately
executory, then that judgment can only be subject to execution after its
finality, after its entry. So, when there is already a Certificate of Finality
issued by the court, then that would be your basis in moving for the
execution of that final and executory recession.
Question: In the 2nd paragraph it says, in original actions in the Court
of Appeals (certiorari, prohibition, mandamus, annulment of
judgment), kinsa man ang magexecute ana? Answer: Of course,
CA. Kay siya man ang court of origin.
Question: Who will execute?
Answer: It will be the proper officer of the CA. So, mangayo ka
ug certified true copies sa entry of judgment or final resolution.
In appealed cases
Example: The case originated before the RTC and appealed to the
CA, and that case is subject to execution pending appeal - immediately
executory siya. Pwede siya ma-execute pending appeal. Diba
ang discussion nato before, under the principle of residual jurisdiction -
the case originated before the RTC, and it is immediately
executory. Pwede siya ma-execute. Now, even after the perfection of
appeal, and the lapse of the period of appeal  and the lapse of the
period to appeal by the other party, as long as the original records of
the case are not yet transmitted to the CA, or if requires record on
appeal, wala pa na-approve ang record on appeal. Diba the court
retains jurisdiction, residual jurisdiction, one of them is the authority to
execute a judgment pending appeal. So, pwede ka magfile sa RTC a
Motion for Execution Pending Appeal. 
Now, na-transmit na sa CA ang original record sa case, or na-approve
na sa RTC ang record on appeal. So, in that case wala na
dyud jurisdiction si RTC to entertain a Motion for Execution Pending
Appeal.
Question: Does it mean ba, na dili naka pwede magfile ug Motion for
Execution Pending Appeal?
Answer: Pwede gihapon. But you file it with the CA. Dili na didto
sa RTC kay wala na siya'y residual jurisdiction. So, didto ka magfile
sa CA at that time nga in possession na si CA sa original record or the
record on appeal.
Now, kung i-grant ni CA ang imuhang Motion for Execution Pending
Appeal then the resolution granting such motion shall be transmitted to
the lower court from which the case originated, together with a certified
true copy of the judgment or final order to be executed, with a directive
for such court of origin to issue the proper writ for its enforcement. So,
the CA may grant or deny the Motion for Execution Pending Appeal
but ang mag-issue sa Writ of Execution is ang court of origin. In my
example, it would be the RTC. Ang RTC pud ang mag-execute ana.
So, that is the procedure when the Motion for Execution Pending is
filed with the CA.  make proper orders or rules to govern the allotment of
RULE 52
Motion for Reconsideration
Section 1. Period for filing. — A party may file a motion
for reconsideration of a judgment or final resolution within
fifteen (15) days from notice thereof, with proof of service
on the adverse party. (n)
Section 2. Second motion for reconsideration. — No
second motion for reconsideration of a judgment or final
resolution by the same party shall be entertained. (n)
Section 3. Resolution of motion. — In the Court of
Appeals, a motion for reconsideration shall be resolved
within ninety (90) days from the date when the court
declares it submitted for resolution. (n)
Section 4. Stay of execution. — The pendency of a
motion for reconsideration filed on time and by the proper
party shall stay the execution of the judgment or final
resolution sought to be reconsidered unless the court, for
good reasons, shall otherwise direct. (n)
Motion for Reconsideration
Just remember, the same lang gihapon ang principles, even the date,
even the period for filing the motion, the effect of filing the motion
- diba it interrupts the running of the period within which to appeal, and
then there is no 2nd Motion for Reconsideration which is allowed. But,
remember our discussion before, when do you consider it as a 2nd
Motion for Reconsideration, and what are the possible exceptions.
Question: What is the effect if you file a MR?
Answer: It will stay the execution of the judgment. Which is the subject
of the MR. Unless for good reasons, the court shall otherwise direct.  by the reporter and published in the Official Gazette and the authorized
RULE 53
New Trial
We also discussed already a MNT. So, mao ni siya
ang specific na procedure insofar as the MNT is concern. So, we
already discussed this.  296) (n)
Section 1. Period for filing; ground. — At any time after
the appeal from the lower court has been perfected and
before the Court of Appeals loses jurisdiction over the
case, a party may file a motion for a new trial on the
ground of newly discovered evidence which could not
have been discovered prior to the trial in the court below
by the exercise of due diligence and which is of such a
character as would probably change the result. The
motion shall be accompanied by affidavits showing the
facts constituting the grounds therefor and the newly
discovered evidence. (1a)
Section 2. Hearing and order. — The Court of Appeals
shall consider the new evidence together with that
adduced at the trial below, and may grant or refuse a new
trial, or may make such order, with notice to both parties,
as to the taking of further testimony, either orally in court,
or by depositions, or render such other judgment as ought
to be rendered upon such terms as it may deem just. (2a)
 
Section 3. Resolution of motion. — In the Court of
Appeals, a motion for new trial shall be resolved within
ninety (90) days from the date when the court declares it
submitted for resolution. (n)
 
Section 4. Procedure in new trial. — Unless the court
otherwise directs, the procedure in the new trial shall be
the same as that granted by a Regional Trial Court. (3a)
RULE 54
Internal Business
Just read Rule 54, Internal Business. Unless you want to work with the
courts, you don't have to know kung unsa ning ilahang internal
business and pustahanay pa ta dili ni siya mugawas sa Bar Exam.  f. Ombudsman in criminal cases
Section 1. Distribution of cases among divisions. —
All the cases of the Court of Appeals shall be allotted
among the different divisions thereof for hearing and
decision. The Court of Appeals, sitting en banc, shall
cases among the different divisions, the constitution of
such divisions, the regular rotation of Justices among
them, the filing of vacancies occurring therein, and other
matters relating to the business of the court; and such
rules shall continue in force until repealed or altered by
the Supreme Court. (1a)
Section 2. Quorum of the court. — A majority of the
actual members of the court shall constitute a quorum for
its sessions en banc. Three members shall constitute a
quorum for the sessions of a division. The affirmative
votes of the majority of the members present shall be
necessary to pass a resolution of the court en banc. The
affirmative votes of three members of a division shall be
necessary for the pronouncement of a judgment or final
resolution, which shall be reached in consultation before
the writing of the opinion by any member of the division.
(Sec. 11, first par. of BP Blg. 129, as amended by Sec. 6
of EO 33). (3a)
RULE 55
PUBLICATIONS OF JUDGMENTS AND FINAL RESOLUTIONS
DISCUSSION: Just also read Rule 55, it is self-explanatory. There is
no need to explain one by one the provisions.
Section 1. Publication. — The judgments and final resolutions of the
court shall be published in the Official Gazette and in the Reports
officially authorized by the court in the language in which they have
been originally written, together with the syllabi therefor prepared by
the reporter in consultation with the writers thereof. Memoranda of all
other judgments and final resolutions not so published shall be made
reports. (1a)
Section 2. Preparation of opinions for publication. —The reporter
shall prepare and publish with each reported judgment and final
resolution a concise synopsis of the facts necessary for a clear
understanding of the case, the names of counsel, the material and
controverted points involved, the authorities cited therein, and a
syllabus which shall be confined to points of law. (Sec. 22a, R.A. No.
Section 3. General make-up of volumes. — The published decisions
and final resolutions of the Supreme Court shall be called "Philippine
Reports," while those of the Court of Appeals shall be known as the
"Court of Appeals Reports." Each volume thereof shall contain a table
of the cases reported and the cases cited in the opinions, with a
complete alphabetical index of the subject matters of the volume. It
shall consist of not less than seven hundred pages printed upon good
paper, well bound and numbered consecutively in the order of the
volumes published. (Sec. 23a, R.A. No. 296) (n)
RULE 56
PROCEDURE IN THE SUPREME COURT
A. Original Cases
Section 1. Original cases cognizable. — Only petitions for certiorari,
prohibition, mandamus, quo warranto, habeas corpus, disciplinary
proceedings against members of the judiciary and attorneys, and cases
affecting ambassadors, other public ministers and consuls may be filed
originally in the Supreme Court. (n)
DISCUSSION: Actually kaning mga discussions nato sa Rule 56, we
already took them up when we discussed jurisdiction. So review nalang
pud ni siya sa atong nahibal-an under the law on jurisdiction.
EXCLUSIVE ORIGINAL
1. Exclusive original jurisdiction in petitions for certiorari,
prohibition and mandamus against the:
a. Court of Appeals (Judiciary Act of 1948, Sec. 17);
b. Commission on Elections (Art. IX, Sec. 7, 1987
Constitution);
c. Commission on Audit (Art. IX, Sec. 7, 1987 Constitution;
d. Sandiganbayan (RA 10660);
e. Court of Tax Appeals (P.D. No. 1125, as amended by RA
9282);

2. Exclusive original jurisdiction in election contests involving
the position of President and Vice President;
3. Exclusive original jurisdiction in cases questioning the actual
basis for the declaration of martial law and suspension of the
privilege of the writ of habeas corpus;
4. Exclusive original jurisdiction over disciplinary proceedings
against members of the judiciary and attorneys (RULE 56-A,
ORIGINAL CASES)
5. Injunction in Agrarian Cases
DISCUSSION: I will not discuss again what are those specific cases
because we already discussed them in jurisdiction. Just take note that
we have to know what are those cases which fall within the Exclusive
Original Jurisdiction of the SC and those cases falling under the
Concurrent Original Jurisdiction of the SC. So tanan ni sila sa
Exclusive Original Jurisdiction although ang difference is sa exclusive
diba, wala nay lain maka take cognizance kundi sa SC. Kung
concurrent naman, it could be with the RTC, CA, SC but again subject
to the doctrine of the hierarchy of courts.
CONCURRENT ORIGINAL
1. Concurrent original jurisdiction with the Court of Appeals in
petitions for certiorari, prohibition and mandamus against
the:
a. Regional Trial Court (Sec. 21 (1), B.P. Blg. 129);
b. Civil Service Commission (RA. No. 7902);
c. Central Board of Assessment Appeals (P.D. No. 464;
B.P. Blg. 129; R.A. No. 7902);
d. National Labor Relations Commission (St. Martin
Funeral Homes vs. NLRC, 295 SCRA 494; RA. No.
7902); and
2. Concurrent original jurisdiction with the Court of Appeals and
the Regional Trial Court in petitions for certiorari, prohibition
and mandamus against lower courts and bodies, and in
petitions for quo warranto and habeas corpus. This
jurisdiction is subject to the doctrine of hierarchy of courts
(Secs. 9(1), 21(1), B.P. Blg. 129; Art. VIII, Sec. 5, 1987
Constitution);
3. Concurrent original jurisdiction with the Regional Trial Court
in cases affecting ambassadors, public ministers and
consuls (Sec. 21(2), B.P. Blg. 129; Art. VIII, Sec. 5, 1987
Constitution of the Philippines).
4. Petition for writ of kalikasan (concurrent with CA) and writ of
continuing mandamus (concurrent with CA and RTC)
5. HABEAS CORPUS (concurrent with the CA and RTC)
6. WRIT OF AMPARO (concurrent with CA, Sandiganbayan,
RTC)
Section 2. Rules applicable. — The procedure in original cases for
certiorari, prohibition, mandamus, quo warranto and habeas corpus
shall be in accordance with the applicable provisions of the
Constitution, laws, and Rules 46, 48, 49, 51, 52 and this Rule, subject
to the following provisions:
a) All references in said Rules to the Court of Appeals shall be
understood to also apply to the Supreme Court;
b) The portions of said Rules dealing strictly with and
specifically
intended for appealed cases in the Court of Appeals shall not be
applicable; and
c) Eighteen (18) clearly legible copies of the petition shall be
filed, together with proof of service on all adverse parties.
The proceedings for disciplinary action against members of the
judiciary shall be governed by the laws and Rules prescribed therefor,
and those against attorneys by Rules 139-B, as amended. (n)
B. Appealed Cases
Section 3. Mode of appeal. — An appeal to the Supreme Court may
be taken only by a petition for review on certiorari, except in criminal
cases where the penalty imposed is death, reclusion perpetua or life
imprisonment. (n)
DISCUSSION: So when we mention Appealed Cases, we have to
remember that we already discussed them in jurisdiction. What are
those cases falling under the appellate jurisdiction of the SC? Now, in
Section 3, Mode of Appeal, How do we appeal to the SC?
The rule says Petition for review on Certiorari. So that is under Rule
45, except in criminal cases where the penalty imposed is death,
reclusion perpetua, or life imprisonment. Again, I already explained
this. Pag Rule 45, ang mode of review nato is petition for review on
certiorari. So it’s a verified petition. And in that petition, we have to set
forth the timeliness of the petition, and then the statement of facts
(although as a general rule, the SC does not resolve questions of facts)
but you have to state the facts of the case, and then the statement of
the case, and then your assignment of errors, issues, arguments, and
then the relief prayed for.
“except in criminal cases where the penalty imposed is death”
Because again if it is death, it is automatic relief by the SC. No need to
file a petition for review or notice of appeal.
“Reclusion Perpetua or Life Imprisonment”
Here you don’t also file a petition for review but you file a notice of
appeal to the SC.
APPELLATE JURISDICTION
1. SC has appellate jurisdiction by way of petition for review on
certiorari (appeal by certiorari under Rule 45) against the:
(a) Court of Appeals;
(b) Sandiganbayan;
(c) Regional Trial Courts,
ON WHAT?
i. On pure questions of law (Sec. 1, Rule 45);
ii. In cases involving the constitutionality or validity of a law
or treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction,
ordinance or regulation, legality of a tax, impost,
assessment, toll or penalty;
iii. In cases involving the jurisdiction of a lower court (Sec. 5,
Art. VIII, Constitution of the Philippines);
2. Court of Tax Appeals in its decisions rendered en banc (RA.
9282).
3. Court of Appeals on Crimes Against International
Humanitarian Law, Genocide And Other Crimes Against
Humanity (RA 9851)
Section 4. Procedure. — The appeal shall be governed by and
disposed of in accordance with the applicable provisions of the
Constitution, laws, Rules 45, 48, sections 1, 2, and 5 to 11 of
Rule 51, 52 and this Rule. (n)
Section 5. Grounds for dismissal of appeal. — The appeal may be
dismissed motu proprio or on motion of the respondent on the
following grounds:
(a) Failure to take the appeal within the reglementary period;
(b) Lack of merit in the petition;
(c) Failure to pay the requisite docket fee and other lawful fees or to
make a deposit for costs;
(d) Failure to comply with the requirements regarding proof of service
and contents of and the documents which should accompany the
petition;
(e) Failure to comply with any circular, directive or order of the
Supreme Court without justifiable cause;
(f) Error in the choice or mode of appeal; and
(g) The fact that the case is not appealable to the Supreme Court. (n)
DISCUSSION: What are the grounds for the dismissal of an appeal?
This is again appeal to the SC. Take note ha the appeal may be
dismissed:
1. Motu proprio – so on its own, the SC may dismiss the
appeal; or on
2. Motion of the Respondent.
So ang mga grounds ani for the dismissal kay pareha lang gyapon sa
what we have discussed insofar as dismissal of appeals before the CA
is concerned. Common grounds na sila.
Section 6. Disposition of improper appeal. — Except as provided in
section 3, Rule 122 regarding appeals in criminal cases where the
penalty imposed is death, reclusion perpetua or life imprisonment, an
appeal taken to the Supreme Court by notice of appeal shall be
dismissed.
An appeal by certiorari taken to the Supreme Court from the Regional
Trial Court submitting issues of fact may be referred to the Court of
Appeals for decision or appropriate action. The determination of the
Supreme Court on whether or not issues of fact are involved shall be
final. (n)
DISCUSSION: So for example ang imohang appeal sa SC is, you filed
a notice of appeal even when the rule says that it should have been a
petition for review, your appeal will be dismissed.
For example, diba there are cases na even under Rule 45 (for example
sa RTC siya gi file) and then nag appeal ka to the SC and there are
factual issues. Like in writs of amparo. Diba even if you appeal to the
SC, you’re not just limited to pure questions of law. Pwede pud ka mag
raise ng questions of fact. So here, example nay issue concering
questions of fact (because the SC as a general rule does not hear
questions of fact), pwede nila i-refer sa CA for decision or appropriate
action.

And ang determination sa SC on whether or not there are issues of fact

involved, it should be final. So you cannot question that.

Section 7. Procedure if opinion is equally divided. —

Where the court en banc is equally divided in opinion, or the necessary
majority cannot be had, the case shall again be deliberated on, and if
after such deliberation no decision is reached, the original action
commenced in the court shall be dismissed, in appealed cases, the
judgment or order appealed from shall stand affirmed; and on all
incidental matters, the petition or motion shall be denied.

DISCUSSION: What does it mean when the SC is equally divided?

Pila man na kabuok ang En Banc? There are 15 justices. So when the
SC En Banc is equally divided- so half of that 7.5? Pwede ba na siya?
That will only happen when for example, naay isa na mag abstain, or
nag inhibit so 14 nalang kabuok. So 7-7, equally divided. Or maybe 15
sila tanan nag sit, pero wala nakaabot ug majority (8) ang in favor sa
granting the petition, for example. So what will happen? Mag deliberate
sila usab. And then after deliberation wala lang gyapon decision na
reach:
1. If it is an original action (like a petition for certiorari under
Rule 65), unsa man ang mahitabo kung walay majority
decision or equally divided? I dismiss ang petition.

2. If it is an appealed case, so same gyapon equally divided or

they cannot reach the necessary majority, what will happen?
The decision appealed from shall stand affirm. So status
quo, meaning- kung daog ka sa lower court, sige padayona
ang imong pagkadaog.

“now in all incidental matters, the petition or motion shall be denied.”

So that is the consequence is the option of the SC is equally divided, or
they cannot reach the majority.

CASES WHICH UNDER THE 1987 CONSTITUTION MUST BE

HEARD EN BANC

Under the Constitution of the Philippines, the following cases should be

heard by the Supreme Court en banc:

a) All cases involving the constitutionality of a treaty,

international or executive agreement, or law;
b) All cases which under the Rules of Court are required to be
heard en banc (ex. declaring the successful candidates to
the Philippine Bar)
c) All cases involving the constitutionality, application, or
operation of presidential decrees, proclamations, orders,
instructions, ordinances, and other regulations (Art. VIII, Sec.
4[2]);
d) Cases heard by a division when the required majority in the
division is not obtained;
e) Cases involving a modification or reversal of a doctrine or
principle of law laid down previously by the Supreme Court in
a decision rendered en banc or by a division (Art. VII, Sec.
4[3]);
f) Cases involving the discipline of judges of lower courts (Art.
VIII, Sec. 11);
g) Contests relating to the election, returns, and qualifications of
the President or Vice-president (Art. VII, Sec. 4).

DISCUSSION: I believe we also discussed these before. So again, just

go over these cases. So meaning sila 15 usually ang mag decide.
Although di pud pasabot na when you say En Banc, dapat 15 gyud, di
pwede mag absent, di pwede mag inhibit. But sila dapat 15 unless
naay mga inhibition, or absences, but its not by division.