Professional Documents
Culture Documents
General Principles covered are the reports submitted to the courts and transcripts of
stenographic notes.
A.M. No. 11-9-4-SC, Efficient Use of Paper Rule
Republic of the Philippines Sec. 4. Margins and Prints .— The parties shall maintain the following
Supreme Court margins on all court-bound papers: a left hand margin of 1.5 inches from the
Manila edge; an upper margin of 1.2 inches from the edge; a right hand margin of 1.0
A.M. No. 11-9-4-SC inch from the edge; and a lower margin of 1.0 inch from the edge. Every page
EFFICIENT USE OF PAPER RULE must be consecutively numbered.
Whereas, to produce 500 reams of paper, twenty trees are cut and 100,000
liters of water are used, water that is no longer reusable because it is laden Sec. 5. Copies to be filed. – Unless otherwise directed by the court, the
with chemicals and is just released to the environment to poison our rivers number of court- bound papers that a party is required or desires to file shall
and seas; be as follows:
Whereas, there is a need to cut the judicial system’s use excessive quantities a. In the Supreme Court, one original (properly marked) and four copies,
of costly paper, save our forests, avoid landslides, and mitigate the unless the case is referred to the Court En Banc, in which event, the
worsening effects of climate change that the world is experiencing; parties shall file ten additional copies. For the En Banc, the parties
need to submit only two sets of annexes, one attached to the original
Whereas, the judiciary can play a big part in saving our trees, conserving and an extra copy. For the Division, the parties need to submit also
precious water and helping mother earth; two sets of annexes, one attached to the original and an extra copy.
All members of the Court shall share the extra copies of annexes in
NOW, THEREFORE, the Supreme Court En Banc hereby issues and the interest of economy of paper.
promulgates the following:
Parties to cases before the Supreme Court are further required, on
Sec. 1. Title of the Rule– This rule shall be known and cited as the Efficient voluntary basis for the first six months following the effectivity of
Use of Paper Rule. this Rule and compulsorily afterwards unless the period is extended,
to submit, simultaneously with their court-bound papers, soft copies
Sec. 2. Applicability. – This rule shall apply to all courts and quasi-judicial of the same and their annexes (the latter in PDF format) either by
bodies under the administrative supervision of the Supreme Court. email to the Court’s e-mail address or by compact disc (CD). This
requirement is in preparation for the eventual establishment of an
Sec. 3. Format and Style. – e-filing paperless system in the judiciary.
a) All pleadings, motions and similar papers intended for the court and
quasi-judicial body’s consideration and action (court-bound papers) b. In the Court of Appeals and the Sandiganbayan, one original
shall written in single space with one-and-a –half space between (properly marked) and two copies with their annexes;
paragraphs, using an easily readable font style of the party’s choice,
of 14-size font, and on a 13 –inch by 8.5- inch white bond paper; and c. In the Court of Tax Appeals, one original (properly marked) and two
copies with annexes. On appeal to the En Banc, one Original
b) All decisions, resolutions and orders issued by courts and (properly marked) and eight copies with annexes; and
quasi-judicial bodies under the administrative supervision of the
Supreme Court shall comply with these requirements. Similarly
d. In other courts, one original (properly marked) with the stated Copies of Supreme Court- bound Papers Pursuant to the Efficient
annexes attached to it. Use of Paper Rule; and
Sec. 6. Annexes Served on Adverse Party. – A party required by the rules to (b) APPROVE the aforesaid Proposed Guidelines on Submission and
serve a copy of his court-bound on the adverse party need not enclose copies Processing of Soft Copies of Supreme Court-bound Papers Pursuant
of those annexes that based on the record of the court such party already to the Efficient Use of Paper Rule, to wit:
has in his possession. In the event a party requests a set of the annexes
actually filed with the court, the part who filed the paper shall comply with the GUIDELINES ON SUBMISSION AND PROCESSING OF SOFT COPIES OF
request within five days from receipt. SUPREME COURT-BOUND PAPERS PURSUANT TO THE EFFICIENT USE OF
PAPER RULE
Sec. 7. Date of Effectivity. – This rule shall take effect on January 1, 2013
after publication in two newspapers of general circulation in the Philippines. (1) Soft copies of all Supreme Court-bound papers and their annexes
must be submitted simultaneously with the hard copy if by compact
Manila, November 13, 2012. disc (CD) or within twenty-four (24) hours from the filing of the hard
copy if by e-mail. It must be understood, however, that the paper
shall be deemed to have been filed on the date and time of filing of
A.M. No. 10-3-7-SC, Guidelines on Submission and Processing of Soft
Copies of Supreme Court-Bound Papers Pursuant to the Efficient Use of the hard copy and not the soft copy.
Paper Rule
(2) The soft copies must be in PDF and individually saved, as well as
individually attached to the e-mail, if applicable. The filename of the
Republic of the Philippines
soft copy must be the same as the document title.
Supreme Court
Manila
Examples:
Petition for Review should have a file name “Petition for Review.pdf”
EN BANC
Annex A should have a file name “Annex A.pdf”
NOTICE
(3) Soft copies submitted by e-mail must be addressed to the
appropriate docketing office, to wit:
Sirs/Mesdames:
Please take notice that the Court en banc issued a Resolution dated
September 10, 2013, which reads as follows:
“A.M. No. 10-3-7-SC (Re: Proposed Rules on E-Filing) and A.M. No. 11-9-4-SC
(Re: Proposed Rule for the Efficient Use of Paper). – The Court Resolved to
(a) NOTE the Letter dated September 5, 2013 of Mr. Edilberto A. Davis,
Acting Chief, Management Information Systems Office, submitting
the Proposed Guidelines on Submission and Processing of Soft
1. Petition for Review
2. Annex A- [name of document]
3. Annex B- [name of document]
(6) A CD or an e-mail shall contain only electronic documents pertaining
to one case. In the same manner, all soft copies of Supreme
Court-bound papers and their annexes pertaining to the same case
shall be saved in one CD or attached to one e-mail. In case the total
file size of the electronic documents exceeds the maximum size of
the CD or the maximum size allowed for uploading by the e-mail
service being used by the filer, the electronic documents may be
saved in different CDs or e-mailed in batches, but must b e clearly
marked and/or follow the format prescribed above.
(7) The filer shall also attach to the CD or the e-mail a verified
declaration that the pleading and annexes submitted electronically
(4) The above docketing offices have the primary responsibility of are complete and true copies of the printed document and annexes
ensuring that all Supreme Court-bound papers have the filed with the Supreme Court. The declaration shall use the following
corresponding soft copies. They shall also be responsible for the format:
safekeeping and archiving of the CDs.
I, _____________________________, hereby declare that the document/s (and
(5) The e-mail shall use the following format: annexes thereof) hereto submitted electronically in accordance with the
Efficient use of Paper Rule is/are complete and true copy/ies of the
To : [e-mail address of the appropriate docketing office] document/s (and annexes) filed with the Supreme Court.
From : [filer’s e-mail address] Signature
Printed Name
Subject : G.R. No. 123456 (John Doe vs. Juan dela Cruz) Position
Date
Attachments : [Petition for Review.pdf], [Annex A.pdf], [Annex B.pdf]
SUBSCRIBED AND SWORN TO before me on this _____ day of _____2013,
(Sample body of e-mail) affiant exhibiting his/her competent evidence of identity, to wit:
______________________.
Case Number: G.R. No. 123456
Case Title: John Doe vs. Juan dela Cruz
_____________________
Name of Filing Party: John Doe
Contact Numbers: (02) 888-9900 (landline), 0900-1112233 (cp) Person Administering Oath
Other e-mail address/es, if any: [filer’s other e-mail address/es]
Title of Attached Documents: Doc. No.: _________;
Page No.: _________; only the said division may add, delete or move files or folders in the
Book No.: _________; e-filing network.
Series of 20______.
(13) In case of consolidation of cases, the division concerned shall
The declaration attached to the CD must be original, while the declaration create a new folder containing all the consolidated cases, and this
attached to the e-mail must be in PDF. new folder shall be named according to the docket number of the
controlling case, followed by, et al., [G.R. 204819, et al]
(8) Only designated personnel of the concerned docketing office shall
have authority to open the CDE or access the e-mail. This is to In case of deconsolidation of cases, the division concerned shall
ensure that the security and confidentiality of deconsolidate the case folders accordingly.
electronically-submitted documents, which may include internal
memoranda, are not compromised. (14) Authorized users from the following offices may view and
download such electronic documents in the e-filing network which
(9) Aforesaid designated personnel shall upload a copy of the electronic concern their office or division: Offices of the Chief Justice and
document to the primary back-up, and then, transmit the electronic Associate Justices, Offices of the Clerk of Court, OCA, JRO OBC, and
document to the division (En Banc, 1st, 2nd, 3rd) to which the case or OAS-SC.
matter is assigned.
(15) The MISO shall set up a similar system for cases and matters of
(10) The said division shall create folders for each case (case folder) the Presidential Electoral Tribunal.”
and subfolders for each pleading, motion or similar paper
transmitted to it by the docketing office (document subfolder), [1] See Resolution dated November 27, 2012 in A.M. No. 12-11-6-SC (Re:
provided that annexes shall be contained in the same subfolder as Proposed Guidelines in the Docketing and Reporting of Certain
the pleading, motion or similar paper to which they are annexed. Administrative Matters).
(11) The case folder must be name according to docket number, [2] This is useful in consolidated cases or in cases with multiple parties.
while the document subfolder must be named according to the title
of the document and the date of filing.
Rules of Court, Rules 7 and 8; Rule 13, Section 11; Rule 15; Rule 39,
Section 1; Rule 49, Section 3; Rule 56, Section 2
For uniformity, the case folder shall use the appropriate prefix (G.R., UDK,
A.M., IPI, OCA IPI, A.C., B.M.)[1], followed by a space, and then, by the exact
RULE 7
number given by the docketing office, without using “No.”[Sample: G.P.
Parts and Contents of a Pleading
123456]
SECTION 1. Caption. — The caption sets forth the name of the court, the title
of the action, and the docket number if assigned.
The document subfolder shall clearly indicate the title of the document, the
name of the party-filler[2] and the filing date in YYYY-MM-DD format.
The title of the action indicates the names of the parties. They shall all be
[Sample: Petition for Certiorari Imbong, et al. 2013-01-31]
named in the original complaint or petition; but in subsequent pleadings, it
shall be su cient if the name of the first party on each side be stated with an
(12) After creating the appropriate folder and/or subfolder, the said
appropriate indication when there are other parties.
division shall upload the same to the e-filing network. At this point,
Their respective participation in the case shall be indicated. (1) non-frivolous argument for extending, modifying, or reversing
existing jurisprudence;
SECTION 2. The Body. — The body of the pleading sets forth its designation, 3. The factual contentions have evidentiary support or, if
the allegations of the party's claims or defenses, the relief prayed for, and the specifically so identified, will likely have evidentiary support
date of the pleading. after availment of the modes of discovery under these rules;
and
(a) Paragraphs. — The allegations in the body of a pleading shall be 4. The denials of factual contentions are warranted on the
divided into paragraphs so numbered to be readily identified, each of evidence or, if specifically so identified, are reasonably
which shall contain a statement of a single set of circumstances so based on belief or a lack of information.
far as that can be done with convenience. A paragraph may be
referred to by its number in all succeeding pleadings. (c) If the court determines, on motion or motu proprio and after notice
(b) Headings. — When two or more causes of action are joined, the and hearing, that this rule has been violated, it may impose an
statement of the first shall be prefaced by the words "first cause of appropriate sanction or refer such violation to the proper office for
action," of the second by "second cause of action," and so on for the disciplinary action, on any attorney, law firm, or party that violated
others. the rule, or is responsible for the violation. Absent exceptional
(c) When one or more paragraphs in the answer are addressed to one of circumstances, a law firm shall be held jointly and severally liable for
several causes of action in the complaint, they shall be prefaced by a violation committed by its partner, associate, or employee. The
the words "answer to the first cause of action" or "answer to the sanction may include, but shall not be limited to, non-monetary
second cause of action" and so on; and when one or more directive or sanction; an order to pay a penalty in court; or, if imposed
paragraphs of the answer are addressed to several causes of action, on motion and warranted for effective deterrence, an order directing
they shall be prefaced by words to that effect. payment to the movant of part or all of the reasonable attorney's
(d) Relief. — The pleading shall specify the relief sought, but it may add a fees and other expenses directly resulting from the violation,
general prayer for such further or other relief as may be deemed just including attorney's fees for the filing of the motion for sanction. The
or equitable. lawyer or law firm cannot pass on the monetary penalty to the client.
(e) Date. — Every pleading shall be dated. (4) (3a)
SECTION 3. Signature and Address. — SECTION 4. Verification. — Except when otherwise specifically required by
(a) Every pleading and other written submissions to the court must be law or rule, pleadings need not be under oath or verified.
signed by the party or counsel representing him or her.
A pleading is verified by an affidavit of an affiant duly authorized to sign said
(b) The signature of counsel constitutes a certificate by him or her that verification. The authorization of the affiant to act on behalf of a party,
he or she has read the pleading and document; that to the best of his whether in the form of a secretary's certificate or a special power of attorney,
or her knowledge, information, and belief, formed after an inquiry should be attached to the pleading, and shall allege the following
reasonable under the circumstances: attestations:
1. It is not being presented for any improper purpose, such as
to harass, cause unnecessary delay, or needlessly increase (a) The allegations in the pleading are true and correct based on his or
the cost of litigation; her personal knowledge, or based on authentic documents;
2. The claims, defenses, and other legal contentions are (b) The pleading is not filed to harass, cause unnecessary delay, or
warranted by existing law or jurisprudence, or by a needlessly increase the cost of litigation; and
(c) The factual allegations therein have evidentiary support or, if SECTION 6. Contents. — Every pleading stating a party's claims or defenses
specifically so identified, will likewise have evidentiary support after shall, in addition to those mandated by Section 2, Rule 7, state the following:
a reasonable opportunity for discovery. (a) Names of witnesses who will be presented to prove a party's claim
or defense;
The signature of the affiant shall further serve as a certification of the (b) Summary of the witnesses' intended testimonies, provided that the
truthfulness of the allegations in the pleading. judicial affidavits of said witnesses shall be attached to the pleading
and form an integral part thereof. Only witnesses whose judicial
A pleading required to be verified that contains a verification based on affidavits are attached to the pleading shall be presented by the
"information and belief," or upon "knowledge, information and belief," or lacks parties during trial. Except if a party presents meitorious reasons as
a proper verification, shall be treated as an unsigned pleading. (4a) basis for the admission of additional witnesses, no other witness or
affidavit shall be heard or admitted by the court; and
SECTION 5. Certification against Forum Shopping. — The plaintiff or (c) Documentary and object evidence in support of the allegations
principal party shall certify under oath in the complaint or other initiatory contained in the pleading. (n)
pleading asserting a claim for relief, or in a sworn certification annexed
thereto and simultaneously filed therewith: (a) that he or she has not RULE 8
theretofore commenced any action or filed any claim involving the same Manner of Making Allegations in Pleadings
issues in any court, tribunal or quasi-judicial agency and, to the best of his or
her knowledge, no such other action or claim is pending therein; (b) if there is SECTION 1. In general. — Every pleading shall contain in a methodical and
such other pending action or claim, a complete statement of the present logical form, a plain, concise and direct statement of the ultimate facts,
status thereof; and (c) if he or she should thereafter learn that the same or including the evidence on which the party pleading relies for his or her claim
similar action or claim has been filed or is pending, he or she shall report that or defense, as the case may be.
fact within five (5) calendar days therefrom to the court wherein his or her If a cause of action or defense relied on is based on law, the pertinent
aforesaid complaint or initiatory pleading has been filed. provisions thereof and their applicability to him or her shall be clearly and
concisely stated. (1a)
The authorization of the affiant to act on behalf of a party, whether in the
form of a secretary's certificate or a special power of attorney, should be SECTION 2. Alternative Causes of Action or Defenses. — A party may set
attached to the pleading. forth two or more statements of a claim or defense alternatively or
hypothetically, either in one cause of action or defense or in separate causes
Failure to comply with the foregoing requirements shall not be curable by of action or defenses. When two or more statements are made in the
mere amendment of the complaint or other initiatory pleading but shall be alternative and one of them if made independently would be su cient, the
cause for the dismissal of the case without prejudice, unless otherwise pleading is not made insu cient by the insufficiency of one or more of the
provided, upon motion and after hearing. The submission of a false alternative statements. (2)
certification or non-compliance with any of the undertakings therein shall
constitute indirect contempt of court, without prejudice to the corresponding SECTION 3. Conditions Precedent. — In any pleading, a general averment of
administrative and criminal actions. If the acts of the party or his or her the performance or occurrence of all conditions precedent shall be sufficient.
counsel clearly constitute willful and deliberate forum shopping, the same (3)
shall be ground for summary dismissal with prejudice and shall constitute
direct contempt, as well as a cause for administrative sanctions. (5a) SECTION 4. Capacity. — Facts showing the capacity of a party to sue or be
sued or the authority of a party to sue or be sued in a representative capacity
or the legal existence of an organized association of persons that is made a SECTION 10. Specific Denial. — A defendant must specify each material
party, must be averred. A party desiring to raise an issue as to the legal allegation of fact the truth of which he or she does not admit and, whenever
existence of any party or the capacity of any party to sue or be sued in a practicable, shall set forth the substance of the matters upon which he or she
representative capacity, shall do so by specific denial, which shall include relies to support his or her denial. Where a defendant desires to deny only a
such supporting particulars as are peculiarly within the pleader's knowledge. part of an averment, he or she shall specify so much of it as is true and
(4) material and shall deny only the remainder. Where a defendant is without
knowledge or information su cient to form a belief as to the truth of a
SECTION 5. Fraud, Mistake, Condition of the Mind. — In all averments of material averment made to the complaint, he or she shall so state, and this
fraud or mistake, the circumstances constituting fraud or mistake must be shall have the effect of a denial. (10a)
stated with particularity. Malice, intent, knowledge, or other condition of the
mind of a person may be averred generally. (5) SECTION 11. Allegations Not Specifically Denied Deemed Admitted. —
Material averments in a pleading asserting a claim or claims, other than
SECTION 6. Judgment. — In pleading a judgment or decision of a domestic those as to the amount of unliquidated damages, shall be deemed admitted
or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is when not specifically denied. (11a)
su cient to aver the judgment or decision without setting forth matter
showing jurisdiction to render it. An authenticated copy of the judgment or SECTION 12. affirmative Defenses. —
decision shall be attached to the pleading. (6a) (a) A defendant shall raise his or her affirmative defenses in his or her
answer, which shall be limited to the reasons set forth under Section 5 (b),
SECTION 7. Action or Defense Based on Document. — Whenever an action Rule 6, and the following grounds:
or defense is based upon a written instrument or document, the substance of 1. That the court has no jurisdiction over the person of the defending
such instrument or document shall be set forth in the pleading, and the party;
original or a copy thereof shall be attached to the pleading as an exhibit, 2. That venue is improperly laid;
which shall be deemed to be a 3. That the plaintiff has no legal capacity to sue;
part of the pleading. (7a) 4. That the pleading asserting the claim states no cause of action; and
5. That a condition precedent for filing the claim has not been complied
SECTION 8. How to Contest Such Documents. — When an action or defense with.
is founded upon a written instrument, or attached to the corresponding (b) Failure to raise the affirmative defenses at the earliest opportunity shall
pleading as provided in the preceding section, the genuineness and due constitute a waiver thereof.
execution of the instrument shall be deemed admitted unless the adverse
party, under oath specifically denies them, and sets forth what he or she (c) The court shall motu proprio resolve the above affirmative defenses
claims to be the facts; but the requirement of an oath does not apply when within thirty (30) calendar days from the filing of the answer.
the adverse party does not appear to be a party to the instrument or when
compliance with an order for an inspection of the original instrument is (d) As to the other affirmative defenses under the first paragraph of Section
refused. (8a) 5 (b), Rule 6, the court may conduct a summary hearing within fifteen (15)
calendar days from the filing of the answer. Such affirmative defenses shall
SECTION 9. official Document or Act. — In pleading an official document or be resolved by the court within thirty (30) calendar days from the termination
official act, it is su cient to aver that the document was issued or the act was of the summary hearing.
done in compliance with law. (9)
(e) affirmative defenses, if denied, shall not be the subject of a motion for but the court may direct that the matter be heard wholly or partly on oral
reconsideration or petition for certiorari, prohibition or mandamus, but may testimony or depositions. (2a)
be among the matters to be raised on appeal after a judgment on the merits.
(n) SECTION 3. Contents. — A motion shall state the relief sought to be obtained
and the grounds upon which it is based, and if required by these Rules or
SECTION 13. Striking Out of Pleading or Matter Contained Therein. — Upon necessary to prove facts alleged therein, shall be accompanied by supporting
motion made by a party before responding to a pleading or, if no responsive affidavits and other papers. (3)
pleading is permitted by these Rules, upon motion made by a party within
twenty (20) calendar days after the service of the pleading upon him or her, [SECTION 4. Hearing of Motion. — Deleted]
or upon the court's own initiative at any time, the court may order any
pleading to be stricken out or that any sham or false, redundant, immaterial, SECTION 4. Non-Litigious Motions. — Motions which the court may act upon
impertinent, or scandalous matter be stricken out therefrom. (12a) without prejudicing the rights of adverse parties are non-litigious motions.
These motions include:
RULE 13 a) Motion for the issuance of an alias summons; Motion for extension
Filing and Service of Pleadings, Judgments and Other Papers to file answer;
SECTION 11. Change of Electronic Mail Address or Facsimile Number. — A b) Motion for postponement;
party who changes his or her electronic mail address or facsimile number c) Motion for the issuance of a writ of execution;
while the action is pending must promptly file, within five (5) calendar days d) Motion for the issuance of an alias writ of execution;
from such change, a notice of change of e-mail address or facsimile number e) Motion for the issuance of a writ of possession;
with the court and serve the notice on all other parties. f) Motion for the issuance of an order directing the sheriff to execute
the final certificate of sale; and
Service through the electronic mail address or facsimile number of a party g) Other similar motions.
shall be presumed valid unless such party notifies the court of any change,
as aforementioned. (n) These motions shall not be set for hearing and shall be resolved by the court
within five (5) calendar days from receipt thereof. (n)
RULE 15
Motions SECTION 5. Litigious Motions. —
SECTION 1. Motion Defined. — A motion is an application for relief other (a) Litigious motions include:
than by a pleading. (1) 1) Motion for bill of particulars;
2) Motion to dismiss;
SECTION 2. Motions Must be in Writing. — All motions shall be in writing 3) Motion for new trial;
except those made in open court or in the course of a hearing or trial. 4) Motion for reconsideration;
A motion made in open court or in the course of a hearing or trial should 5) Motion for execution pending appeal;
immediately be resolved in open court, after the adverse party is given the 6) Motion to amend after a responsive pleading has been filed;
opportunity to argue his or her opposition thereto. 7) Motion to cancel statutory lien;
8) Motion for an order to break in or for a writ of demolition;
When a motion is based on facts not appearing on record, the court may hear 9) Motion for intervention;
the matter on affidavits or depositions presented by the respective parties, 10) Motion for judgment on the pleadings;
11) Motion for summary judgment;
12) Demurrer to evidence; SECTION 11. Form. — The Rules applicable to pleadings shall apply to
13) Motion to declare defendant in default; and written motions so far as concerns caption, designation, signature, and other
14) Other similar motions. matters of form. (10)
(b) All motions shall be served by personal service, accredited private courier SECTION 12. Prohibited Motions. — The following motions shall not be
or registered mail, or electronic means so as to ensure their receipt by the allowed:
other party. (a) Motion to dismiss except on the following grounds:
1) That the court has no jurisdiction over the subject matter of
(c) The opposing party shall file his or her opposition to a litigious motion the claim;
within five (5) calendar days from receipt thereof. No other submissions shall 2) That there is another action pending between the same parties
be considered by the court in the resolution of the motion. for the same cause; and
3) That the cause of action is barred by a prior judgment or by the
The motion shall be resolved by the court within fifteen (15) calendar days statute of limitations.
from its receipt of the opposition thereto, or upon expiration of the period to (b) MotionMotion to hear affirmative defenses;
file such opposition. (n) (c) Motion for reconsideration of the court's action on the affirmative
defenses;
SECTION. 6. Notice of Hearing on Litigious Motions; Discretionary. — The (d) Motion to suspend proceedings without a temporary restraining
court may, in the exercise of its discretion, and if deemed necessary for its order or injunction issued by a higher court;
resolution, call a hearing on the motion. The notice of hearing shall be (e) Motion for extension of time to file pleadings, affidavits or any other
addressed to all parties concerned, and shall specify the time and date of the papers, except a motion for extension to file an answer as provided
hearing. (5a) by Section 11, Rule 11; and
(f) Motion for postponement intended for delay, except if it is based on
SECTION 7. Proof of Service Necessary. — No written motion shall be acted acts of God, force majeure or physical inability of the witness to
upon by the court without proof of service thereof, pursuant to Section 5 (b) appear and testify. If the motion is granted based on such
hereof. (6a) exceptions, the moving party shall be warned that the presentation of
its evidence must still be terminated on the dates previously agreed
SECTION 8. Motion Day. — Except for motions requiring immediate action, upon.
where the court decides to conduct hearing on a litigious motion, the same
shall be set on a Friday. (7a) A motion for postponement, whether written or oral, shall, at all times, be
accompanied by the original official receipt from the office of the clerk of
SECTION 9. Omnibus Motion. — Subject to the provisions of Section 1 of court evidencing payment of the postponement fee under Section 21 (b),
Rule 9, a motion attacking a pleading, order, judgment, or proceeding shall Rule 141, to be submitted either at the time of the filing of said motion or not
include all objections then available, and all objections not so included shall later than the next hearing date. The clerk of court shall not accept the
be deemed waived. (8a) motion unless accompanied by the original receipt. (n)
SECTION 10. Motion for Leave. — A motion for leave to file a pleading or SECTION 13. Dismissal with Prejudice. — Subject to the right of appeal, an
motion shall be accompanied by the pleading or motion sought to be order granting a motion to dismiss or an affirmative defense that the cause
admitted. (9) of action is barred by a prior judgment or by the statute of limitations; that
the claim or demand set forth in the plaintiff's pleading has been paid,
waived, abandoned or otherwise extinguished; or that the claim on which the c) Eighteen (18) clearly legible copies of the petition shall be filed,
action is founded is unenforceable under the provisions of the statute of together with proof of service on all adverse parties.
frauds, shall bar the refiling of the same action or claim. (5, R16)
The proceedings for disciplinary action against members of the judiciary
RULE 39 shall be governed by the laws and Rules prescribed therefor, and those
Execution, Satisfaction and Effect of Judgments against attorneys by Rule 139-B, as amended. (n)
SECTION 1. Execution Upon Judgments or Final Orders. — Execution shall
issue as a matter of right, on motion, upon a judgment or order that disposes
Republic Act No. 7160, Local Government Code of 1991, Section 139
of the action or proceeding upon the expiration of the period to appeal
therefrom if no appeal has been duly perfected. (1a)
SECTION 139. Professional Tax. –
If the appeal has been duly perfected and finally resolved, the execution may (a) The province may levy an annual professional tax on each person
forthwith be applied for in the court of origin, on motion of the judgment engaged in the exercise or practice of his profession requiring
obligee, submitting therewith certified true copies of the judgment or government examination at such amount and reasonable
judgments or final order or orders sought to be enforced and of the entry classification as the sangguniang panlalawigan may determine but
thereof, with notice to the adverse party. shall in no case exceed Three hundred pesos (P300.00).
The appellate court may, on motion in the same case, when the interest of (b) Every person legally authorized to practice his profession shall pay
justice so requires, direct the court of origin to issue the writ of execution. (n) the professional tax to the province where he practices his
profession or where he maintains his principal office in case he
RULE 49 practices his profession in several places: Provided, however, That
Oral Argument such person who has paid the corresponding professional tax shall
SECTION 3. No Hearing or Oral Argument for Motions. — Motions shall not be entitled to practice his profession in any part of the Philippines
be set for hearing and, unless the court otherwise directs, no hearing or oral without being subjected to any other national or local tax, license, or
argument shall be allowed in support thereof. The adverse party may file fee for the practice of such profession.
objections to the motion within five (5) days from service, upon the expiration
of which such motion shall be deemed submitted for resolution. (2a, R49) (c) Any individual or corporation employing a person subject to
professional tax shall require payment by that person of the tax on
RULE 56 his profession before employment and annually thereafter.
A. Original Cases
SECTION 2. Rules Applicable. — The procedure in original cases for (d) The professional tax shall be payable annually, on or before the
certiorari, prohibition, mandamus, quo warranto and habeas corpus shall be thirty-first (31st) day of January. Any person first beginning to
in accordance with the applicable provisions of the Constitution, laws, and practice a profession after the month of January must, however, pay
Rules 46, 48, 49, 51, 52 and this Rule, subject to the following provisions: the full tax before engaging therein. A line of profession does not
a) All references in said Rules to the Court of Appeals shall be become exempt even if conducted with some other profession for
understood to also apply to the Supreme Court; which the tax has been paid. Professionals exclusively employed in
b) The portions of said Rules dealing strictly with and specifically the government shall be exempt from the payment of this tax.
intended for appealed cases in the Court of Appeals shall not be
applicable; and
(e) Any person subject to the professional tax shall write in deeds, Courts, Shari'a Circuit Courts, the Office of the State Prosecutor, Public
receipts, prescriptions, reports, books of account, plans and designs, Defenders Office and the Integrated Bar of the Philippines
surveys and maps, as the case may be, the number of the official
receipt issued to him. SUBJECT : Requirement that All Lawyers Should Indicate in the Pleading
Their Number in the Roll of Attorneys
For the information and guidance of all concerned, quoted hereunder is the
Bar Matter No. 287, SC En Banc Resolution dated 9 July 1985, quoted in
OCA Circular No. 10-85, 24 July 1985 Resolution of the Court En Banc dated 12 November 2002, in Bar Matter No.
1132, to wit:
TO : Intermediate Appellate Court, Sandiganbayan, Court of Tax Appeals,
"Bar Matter No. 1132 — Re: Request to Require Lawyers to Indicate in the
Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in
Pleading their Number in the Roll of Attorneys. — The Court Resolved, upon
Cities, Municipal Trial Courts and Municipal Circuit Trial Courts
recommendation of the Office of the Bar Confidant to GRANT the request of
the Board of Governors of the Integrated Bar of the Philippines and the
SUBJECT : Inclusion of Number and Date of Official Receipt of Payment
Sangguniang Panlalawigan of Ilocos Norte to require all lawyers to indicate
of Annual Membership Dues to the Integrated Bar of the Philippines in All
their Roll of Attorneys Number in all papers and pleadings submitted to the
Pleadings, Motions and Papers to be Filed in Court
various judicial or quasi-judicial bodies in addition to the requirement of
indicating the current Professional Tax Receipt (PTR) and the IBP Official
For the information and guidance of all concerned, quoted hereunder is the
Receipt or Life Member Number. "
Resolution En Banc of this Court, dated July 9, 1985 in Bar Matter No. 287, to
wit:
Strict compliance is hereby enjoined.
"Effective August 1, 1985, all lawyers shall indicate in all pleadings, motions
and papers signed and filed by them in any court in the Philippines, the A.M. No. 07-6-5-SC, SC En Banc Resolution dated 20 July 2007,
number and date of their official receipt indicating payment of their annual Statement of Contact Details of the Parties or their Counsel in all
Pleadings or Papers filed with the Supreme Court
membership dues to the Integrated Bar of the Philippines for the current year;
provided, however, that such official receipt number and date for any year
may be availed of and indicated in all such pleadings, motions and papers Sirs/Mesdames :
filed by them in court up to the end of the month of February of the next
succeeding year." Cdpr Quoted hereunder, for your information, is a resolution of the Court En Banc
dated July 10, 2007
Strict compliance herewith is hereby enjoined.
"A.M. No. 07-6-5-SC. — Re: Statement of Contact Details of Parties or Their
Counsels in All Papers and Pleadings Filed with the Supreme Court. — Acting
Bar Matter No. 1132, SC En Banc Resolution dated 12 November 2002,
on the Memorandum dated May 28, 2007 of Clerk of Court Ma. Luisa D.
quoted in OCA Circular No. 58-03, 29 May 2003
Villarama submitting for consideration and approval of the Court the
proposal "that parties or their counsels be required to indicate in all their
TO : The Court of Appeals, Sandiganbayan, Court of Tax Appeals, pleadings filed before this Court their contact details, e.g., telephone number,
Regional Trial Courts, Shari'a District Courts, Metropolitan Trial Courts, fax number, cellular phone number or e-mail address, in addition to the
Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial
requirement of indicating the counsel's current Professional Tax Receipt
(PTR) number, IBP Official Receipt or Life Member number and Roll of (a) GRANT the above request of the IBP Board; and
Attorneys number as mandated in Bar Matter No. 1132", the Court Resolved
to APPROVE the same." (adv 45a) (b) AMEND the effectivity date of the implementation of Bar Matter No. 1922
to January 1, 2009 instead of August 25, 2008."
Bar Matter No. 1922, SC En Banc Resolution dated 3 June 2008,
Recommendation of the Mandatory Continuing Legal Education (MCLE) Ynares-Santiago, Carpio, Austria-Martinez, and Azcuna, JJ., on official leave
Board to Indicate in All Pleadings Filed with the Courts the Counsel’s (adv99).
MCLE Certificate of Compliance or Certificate of Exemption
OCA Circular No. 56-2015
Sirs/Mesdames :
TO :
Quoted hereunder, for your information, is a resolution of the Court En Banc
The Court of Appeals, Sandiganbayan Court of Tax Appeals, Regional Trial
dated September 2, 2008
Courts, Shari'a District Courts, Metropolitan Trial Courts, Municipal Trial
Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, Shari'a
"Bar Matter No. 1922. — Re: Recommendation of the Mandatory Continuing
Circuit Courts, The Office of the State Prosecutor, Public Attorney's Office
Legal Education (MCLE) Board to Indicate in All Pleadings Filed with the
and the Integrated Bar of the Philippines
Courts the Counsel's MCLE Certificate of Compliance or Certificate of
Exemption. — The Court Resolved to NOTE the
SUBJECT :
Bar Matter No. 850 (Re: Rules on Mandatory Continuing Legal Education for
(a) 1st Indorsement, dated August 26, 2008, of Chief Justice Reynato S.
Active Members of the Integrated Bar of the Philippines)
Puno, relative to the letter of Atty. Feliciano M. Bautista, IBP National
President and the resolution of the Board of Governors dated August 21,
In the Resolution of the Court En Banc dated February 17, 2015 in the
2008, requesting the Supreme Court to defer or extend the effectivity of the
above-cited administrative matter, the Court acted upon on the Letter dated
resolution in Bar Matter No. 1922, which makes it mandatory for all lawyers
January 13, 2015 of Hon. Bernardo P. Pardo, Chairperson, MCLE Governor,
to indicate in all pleadings filed with Courts, their respective MCLE
submitting for the Court's approval the MCLE Governing Board Resolution
Certificates of Compliance Number or Certificates of Exemption;
No. 007-2014, the full context of which is reproduced below, to wit:
(b) Aforesaid Board of Governors Resolution "Requesting the Supreme Court
The Court Resolved to REQUIRE all members of the Integrated Bar of the
to Defer or Extend the Effectivity of the Resolution in Bar Matter No. 1922
Philippines to file a written entry of appearance indicating their MCLE
until December 31, 2008"; and HTDAac
exemption or compliance number for the current or immediately preceding
compliance period and date of issuance thereof before appearing as counsel
(c) Letter-Comment, dated August 22, 2008, of Justice Carolina C.
or engaging in oral argument in open court or before a quasi-judicial body.
Griño-Aquino, Chairperson, MCLE, in compliance with the resolution of the
However, counsels who affixed their signatures in their pleadings and
Court dated August 19, 2008.
indicated their MCLE exemption or compliance number in their pleadings
need not file a separate entry of appearance. Henceforth, all counsels,
The Court further Resolved, upon the recommendation of the MCLE
including partners of law firms whose names appear in said pleadings, shall
Governing Board, to
also indicate their MCLE exemption or compliance number. (Emphasis
supplied)
The resolution was published in the Philippine Star last March 14, 2015, and
it took effect on March 1, 2015.
Any prior circular from the Office of the Court Administrator on this matter
which is contrary to the foregoing is hereby superseded.
For your information, guidance and strict compliance.