The Lawphil Project – Arellano Law Foundation

A.M. NO. 99-2-04-SC

Gentleman:
Quoted hereunder, for your information is a resolution of the Court En Banc dated
IN RE: DISPENSING WITH REJOINDER
Henceforth, upon the filing of a Reply (when required), no REJOINDER shall be required by the Court.
Instead, the Court shall resolve either to (a) give due course to the petition and either consider the case
submitted for decision based on the pleadings or require the parties to submit their respective
memoranda; or (b) deny or dismiss the petition, as the case may be.
The Memoranda of the parties when required shall contain the following:
(a) A "Statement of the Case," which is clear and nature of the action; a summary of
the proceedings; the challenged decision, resolution, or order of the court below; the
nature of the judgment; and any other matters necessary to an understanding of the nature
of the controversy;
(b) A "Statement of the Facts," which is clear and concise statement in a narrative
form of the established facts;
(c) A "Statement of the Issues," which is clear and concise statement of the issues
submitted to the Court for resolution;
(d) The "Argument," which is a clear and concise presentation of the argument in
support of each issue; and
(e) The "Relief," which is a specification of the order or judgment which the party
seeks to obtain.
No new issues may be raised by a party in the Memorandum. Issues raised in previous
pleadings but not included in the Memorandum shall be deemed waived or abandoned. Being
a summation of the parties' previous pleadings, the Memoranda alone may be considered by
the Court in deciding or resolving the petition.
This resolution shall take effect on 15 March 1999 and shall be published in two (2) newspapers of
general circulation in the Philippines.
Let copies of this resolution be furnished the Department of Justice, Office of the Solicitor General, and
the Integrated Bar of the Philippines.
Davide, Jr., C.J., Romeo, Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban,
Quisumbing, Purisima, Pardo, Buena and Gonzaga-Reyes, JJ.

The Lawphil Project – Arellano Law Foundation