2009 Internal Rules of The Court of Appeals

2009 INTERNAL RULES
OFTHE
COURT OF APPEALS
Prepared by
2009 COMMITTEE ON RULES

of the
COURT OF APPEALS
♦♦•
111
Republic of tFje JWKppmea

Court of appeal*
fllanila
2009 COMMITTEE ON RULES

of the
COURT OF APPEALS
Justice EDGARDO P. CRUZ

Chairperson
(until May 11, 2009)
Justice REBECCA DE GUIA-SALVADOR Justice MARIO L. GUARINA HI

Member & Member
Chairperson (from May 12, 2009)
Justice ROSMARI D. CARANDANG Justice HAKIM S. ABDUL WAHID

Member Member
Justice NOEL G. TIJAM Justice IS ALAS P. DICDICAN

Member Member
Justice APOLINARIO D. BRUSELAS, JR.

Member
IV
Composition of the Court of Appeals

as of September 2009
CONRADO M. VASQUEZ, JR
Presiding Justice
PORTIA AUNO-HORMACHUEL05MARTIN S. VTLLARAMA, JR.

Associate Justice Associate Justice
ANDRES B. REYES, JR. REMEDIOS A. SALAZAR-FERNANDO

JOSE L. SABIO,JR. BIENVENIDOL. REYES

JOSEFINA GUEVARA-SALONGA REBECCA DE GUIA-SALVADOR

JUAN Q. ENRIQUEZ, JR. AMELTTA G. TOLENTINO

MARIO L.GUARINA III ROSMARID. CARANDANG

HAKIMS. ABDUL WAHID NOELG.TIJAM

JOSE C. MENDOZA ROSALINDA ASUNCION-VICENTE

JOSE C. REYES, JR. FERNANDA LAMPAS-PERALTA

MAGDANGAL M. DE LEON VICENTE S.E.VELOSO

ISAIASP. DICDICAN ARCANGELITA ROMILLA-LONTOK

JAPAR B. DIMAAMPAO CELIA C. LIBREA-LEAGOGO

PAMPIO A. ABARINTOS ESTELA M. PERLAS-BERNABE
MARIFLOR PUNZALAN-CASTILLO ARTURO G.TAYAG

SESINANDOE. VILLON RAMON M. BATO, JR.

Associate Justice Associatejustice,
ROMULO V. BORJ A EDGARDO A. CAMELLO

Associate Justice Associatejustice
RODRIGO F. UM, JR MYRNA DIMARANAN-VIDAL

NORMANDIE B. PIZARRO APOLINARIO D. BRUSELAS, JR.

RAMON R. GARCIA RICARDO R. ROSARIO

MARLENE GONZALESSISON ROMEO F. BARZ A

SIXTO C. MARELLA, JR. ANTONIO L. VILL AMOR

PRISCILLA J. BALTAZAR-PADILLA MARIO V. LOPEZ

Associatejustice Associatejustice
FRANCISCO P. ACOSTA STEPHEN C. CRUZ

Associate justice Assodatejustke
JANE AURORA C. LANTION MICHAEL P.ELBINIAS

Associate Justice. Associatejustice
ELIHU A. YBANEZ FRANCHITON. DIAMANTE

AMY C. LAZARO-JAVIER FLORITO S. MACALINO

Associate Justice Assodatejustke
VI
EDGARDOT.LLOREN RUBEN C.AYSON

EDGARDO L. DELOS SANTOS RODIL V. ZALAMEDA

Associate justice Assodatejustice
MANUEL M. BARRIOS SAMUEL H.GAERLAN

DANTON Q. BUESER LEONCIA R. DIMAGIBA

♦♦♦ ♦♦
Table of Contents
RULE I
THE COURT, ITS ORGANIZATION AND OFFICIALS
1. Composition of the Court of Appeals......................... 1
2. Station and Place of Holding Sessions....................... 1
3. Exercise of Powers and Functions.............................. 2
4. Court En Banc........................................................... 3
5. Matters Cognizable by the Court En Banc................ 3
6. Filling of Vacancy Due to Absence or Temporary
Incapacity.................................................................... 4
7. Standing Committees.................................................. 5
(a) Committee on Ethics and Special Concerns......... 6
(b) Committee on Personnel....................................... 6
(c) Committee on Budget and Finance....................... 7
(d) Committee on Security......................................... 7
(e) Committee on Records Management and Information
Service............ ....................................... .............. 7
(f) Committee on Employees'Welfare and Benefits.. 7
(g) Committee on Legal and Research Services......... 7
(h) Committee on Buildings and Grounds.................. 7
(i) Committee on Purchase and Acquisition of
Court Facilities, Equipment and Supplies............. 7
(j) Committee on Rules.............................................. 7
Oc) Committee on Court of Appeals Journal............. 8
(l) Committee on Public Information........................ 8
(m) Committee on Foreign Travels.......................... 8
(n) Committee on Baguio Cottages and
Administrative Building....................................... 8
(o) Committee on Computerization, Library and
Modernization....................................................... 8
8. Jurisdiction and Manner of Exercise of Adjudicative
Powers of the Court by Divisions............................... 8
9. Reorganization of Divisions....................................... 9
10. Other Court Officials and their Duties.......................
(a) Clerk of Court.......................................................
(b) Assistant Clerk of Court.......................................
(c) Division Clerks of Court.......................................
(d) Court Reporter......................................................
viii Table ofContents
Sec. 11. Appointments and Resignation of Court
Officials and Other Employees........................................13
RULE II
RULE ON PRECEDENCE AND PROTOCOL
Sec. 1. Concept...........................................................................14
Sec. 2. When Rule on Precedence is Applicable............................14
Sec. 3. When Rule on Precedence is Not Applicable.....................14
Sec. 4. Ceremonial Protocol in En Banc Session and
Division Hearing..............................................................15
Sec. 5. Conduct of Hearing in Divisions....................................15
Sec. 6. Attendance of Justices in Hearings................................ 15
RULE III
PROCEDURE IN RECEIVING, ASSIGNING AND
DISTRIBUTING OF CASES
Sec. 1. Manner of Filing; Duty of Receiving Section................16
Sec. 2. Raffle of Cases............................................................... 16
Sec. 3. Consolidation of Cases...................................................19
Sec. 4. Replacement of Cases.................................................... 20
Sec. 5. Distribution of Cases Upon Assumption of a Newly
Appointed or Transferred Justice.....................................20
Sec. 6. Disposition of Pending Cases When a Justice
Ceases to be a Member of the Court.............................. 21
RULE IV
PROCESSING OF CASES AND ACTION
ON INTERLOCUTORY MATTERS
Sec. 1. Procedure in the Disposition of Pleadings,
Motions and Other Papers............................................... 21
Sec. 2. Action by the Presiding Justice or Executive Justice.... 21
Sec. 3. Action by the Division Clerk of Court...........................22
Sec. 4. Processing of Ordinary Appeals.................................... 23
(a) In Civil Cases.............................................................23
(b) In Criminal Cases...................................................... 25
Sec. 5. Processing of Petitions for Review and
Original Actions...............................................................26
Table of Contents ix
RULEV
INHIBITION OF JUSTICES
Sec. 1. Mandatory Inhibition of Justices.............................................. 27

Sec. 2. Voluntary Inhibition of a Justice.............................................. 27
Sec. 3. Motion to Inhibit a Division or a Justice.................................. 27
Sec. 4. Action on Inhibition..................................................................28
Sec. 5. Right of Replacement............................................................... 28
RULE VI
PROCESS OF ADJUDICATION
Sec. 1. Justice to Whom a Case is Assigned............................................. 28
Sec. 2. Justices Who May Participate in the Adjudication
of Cases...................................................................................... 28
Sec. 3. Power of the Court to Receive Evidence.................................. 30
Sec. 4. Hearing on Preliminary Injunction............................................30
Sec. 5. Action by a Justice.................................................................... 31
Sec. 6. Judicial Action on Certain Petitions......................................... 31
Sec. 7. The Justices Who Shall Act on Motions for
Reconsideration......................................................................... 31
Sec. 8. Priorities in Adjudication of Cases............................................33
(a) In Civil Cases...................................................................... 33
(b) In Criminal Cases................................................................33
(c) In Original Actions and Petitions for Review..................... 33
Sec. 9. Study, Report and Deliberation on the Case............................. 33
Sec. 10. Procedure in Case of Dissent.....................................................34
Sec. 11. Certification...............................................................................36
Sec. 12. Resolutions................................................................................ 36
Sec. 13. Promulgation of Decisions and Resolutions..............................36
Sec. 14. Number of Copies and Distribution.......................................... 37
Sec. 15. Effect of Filing an Appeal in the Supreme Court......................37
RULE VII
ENTRY OF JUDGMENT AND REMAND OF CASES
Sec. 1. Entry of Judgment..................................................................... 38
Sec. 2. Form...........................................................................................38
Sec. 3. Disposition of Copies................................................................ 38
Sec. 4. Allowance for Delay of Mail in Making Entries
of Judgment............................................................................... 39
Sec. 5. Entry of Judgment and Final Resolution................................... 39
x Table of Contents
Sec. 6. Transmittal of Records................................................................ 39
RULE VIII
MISCELLANEOUS PROVISIONS
Sec. 1. Erroneous Transmittal of Records.............................................. 40

Sec. 2. Case Received Without Docket and Other Legal
Fees and Deposit for Costs........................................................... 40
Sec. 3. Cases Referred by the Supreme Court.............................................. 40
Sec. 4. Docket and Other Legal Fees for Multiple Appellants..................... 40
Sec. 5. Docket Fees and Docket Number for
Consolidated Cases....................................................................... 40
Sec. 6. Payment of Docket and Other Lawful Fees and
Deposit for Costs.......................................................................... 41
Sec. 7. Report on Late Payment.............................................................. 41
Sec. 8. Non-Refund of Docket Fees ...................................................... 41
Sec. 9. Color Code of Rollos................................................................. 41
Sec. 10. Sessions in Baguio..................................................................... 42
Sec. 11. Separability Clause..................................................................... .42
Sec. 12. Repealing Clause...................................................................... ...42
Sec. 13. Effectivity Clause........................................................................ 42
Index............................................................................................................ 43
♦♦♦♦♦
2009 INTERNAL RULES OF THE
COURT OF APPEALS
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 AND OFFICIALS
Section 1. Composition of the Court of AppealsUnless

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 like
manner, a junior member designated to act as senior member
of a Division shall be an "Acting Senior Member". (Sec. 5 [c].
Rule 1, RIRCA [a])
Sec. 2. Station and Place of Holding 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
1
2 Rule I, § 3
City for cases coming from the Sixth, Seventh and Eighth Judicial
Regions; and the twenty-first, twenty-second and twenty-third
Divisions shall be in Cagayan de Oro City for cases coming
from the Ninth, Tenth, 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 shall
be senior members of the Divisions, while the rest shall be junior
members, (n)
(c) Whenever demanded by public interest or whenever
justified by an increase in case load, the Supreme Court, upon
recommendation of the Presiding Justice, may authorize any
Division of the Court to hold sessions periodically or for such
periods and at such places as the Supreme Court may determine
for the purpose of hearing and deciding cases. (Sec. 3, R.A. No.
8246)
(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, functions and
duties through its Divisions. It sits en banc in the exercise of
administrative, ceremonial and non-adjudicative functions. (Sec.
1, Rule 2, RIRCA [a])
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])
Rule I, § 4-5 3
Sec. 4. Court Ert Banc.- The Court en banc shall be presided
by the Presiding Justice or, in his/her absence, by die 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. (Secs. 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, ability, 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,
4 Rule I, §6
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 not eliminate, conflict in decisions and resolutions of the
different Divisions on the interpretation and application of a
provision of law;
(e) Take up other administrative matters which the
Presiding Justice or any member may submit for consideration
and inclusion in its agenda;
(f) Recommend to the Supreme Court the appointment of
the Clerk of Court, Assistant Clerk of Court, Court Reporter
and Division Clerks of Court; and
(g) Receive foreign and local dignitaries, important guests
and visitors, honor a colleague or retiring member of the Court
and former members who die after retirement and hold
necrological 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 shall be substituted as acting
Rule I, § 7 5
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; (n)
(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 shall 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
6 Rule I, § 7
by the Presiding Justice with 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 discipline 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 Concerns which shall determine whether
the complaint is sufficient in form and substance. If it so finds,
said Committee shall endorse the complaint to the Presiding
Justice for 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.
Rule I, § 7 7
(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 I.D.
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 provident 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.
(i) 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
Rules shall give an opinion on the application and
interpretation of these Rules, (n)
8 Rule I, § 8
(k) Committee on Court of Appeals JournalOn 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 spokesperson 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
maintainance of the 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/modemization of all 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
Rule I, § 9 9
and appellate jurisdiction as provided for by law.
In the exercise and discharge of the adjudicative powers,
functions and duties of the Court, the Divisions shall hold
consultations. (Sec. 3, Rule 2 RIRCA [a])
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. His/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 until
withdrawn in 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 in
the Court of Appeals.
It is further understood that 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 the reorganization of the Divisions. He may also cause
10 Rule I, § 10
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 the 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 raffle two (2) additional members to
constitute a Special Division of Five. In the selection of the
additional members, the rule on equal assignment shall be
observed (Sec. 6, Rule 1, RIRCA [a]).
Sec. 10. Other Court Officials and their Duties-

(a) Clerk of Court.- The Clerk of Court 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 the
Court and exercise general or administrative supervision over
subordinate officials and employees, except the co-terminous
staff. He/She shall assist the Presiding Justice in the formulation
of programs and policies for consideration of the Court en banc
(Sec. 11, Rule 1, RIRCA [a]).
Rule I, § 10 11
It shall also be the duty of the Clerk of Court to:

(1) Disseminate information concerning court activities of
public interest and answer questions concerning the Court and
official 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 time, 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 and
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 until his/her successor shall have been appointed
and qualified; in case of absence or incapacity of the Clerk of
Court, the Assistant Clerk of Court shall perform the duties of
the Clerk of Court until the latter reports for duty. (Sec. 11,
Rule 1, RIRCA [a])
(c) Division Clerks of Court- Each Division shall be assisted
by a staff composed of a Envision 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 Clerk 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. N. 03-05-03-SC). (a)
The Division Clerk of Court shall:
(1) Direct and supervise the staff of the 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 the records of cases;
examine the records of cases to be acted upon by the Division,
n Rule I, § 10
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 the Division; issue minute resolutions, notices
of decisions, resolutions and hearings, summonses, subpoenas,
writs and other processes under the authority of the Division;
attend the hearings of the Division, supervise the stenographers
in recording the proceedings and prepare the minutes thereof;
receive the decisions and resolutions of the Division for
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 the Raffle Committee for substitution;
but if no Justice is left, the Chief of the Judicial Records Division
shall make the request for raffle.
(d) Court Reporter - The Court Reporter shall:
(1) Keep custody of the originals of the 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 Reporter;
Rule I, § 11 13
(3) Publish in the Official Gazette and the Court of Appeals

Reports Annotated decisions and final resolutions together with
their syllabi in consultation with the ponentes;
(4) 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
final resolution a concise synopsis of the facts necessary for a
clear understanding of the case, the names of counsel, the
material and controverted points involved, the authorities cited
therein and a syllabus which shall be confined to points of law;
and
(6) Call the attention of the Presiding Justice to conflicting
decisions, in which case the Presiding Justice shall convoke the
Divisions concerned to resolve the same. (Sec. 11, Rule 1, RIRCA
[a])
Sec. 11. Appointments and Resignation of Court Officials

and Other EmployeesAppointments of the Clerk of Court,
Assistant Clerk of Court, Division Clerks of Court and Court
Reporter shall be recommended by the Court en banc to the
Supreme Court. Appointments of all other personnel shall be
recommended by the Presiding Justice. Upon receipt of the
Supreme Court resolution approving the recommendation, the
Presiding Justice shall immediately issue to the appointee the
corresponding commission evidencing the appointment. The
appointee may then take his/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 meritorious cases
and with prior approval of the Chief Justice.
For purposes of the Civil Service Law, the commission
shall serve as the appointment paper of the appointee and a
copy thereof shall be forwarded to the Civil Service Commission,
together with supporting papers.
14 Rule II, § 1-3
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
Section 1. Concept- The Presiding Justice enjoys precedence

over all the other members of the Court in all official functions.
The Associate Justices shall have precedence according to die
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 the sitting arrangement of the Justices in all official
functions;
(d) In the choice of supporting personnel and other
employees; and
(e) In the choice of office space, facilities, equipment,
transportation and cottages. (Rule 1, Sec. 8, RIRCA [a])
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
Rule II, § 4-6 15
Presiding Justice or whoever is acting in his/her place and the
Chairpersons of the Divisions. (Sec. 9, Rule 1, RIRCA [a])
Sec. 4. Ceremonial Protocol in En Banc Session and

Division Hearing -
(a) During an en banc session, the most junior member of
the Court enters first and the Presiding Justice exits first. During
a Division hearing, the Chairperson enters and exits first,
followed by the members according to seniority.
(b) As the first Justice enters the session hall for an en banc
session, the Clerk of Court announces: "The Honorable Court
of Appeals En Banc, presided 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 the 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.
16 Rule III, § 1-2
Rule III
PROCEDURE IN RECEIVING, ASSIGNING AND

DISTRIBUTING CASES
Section 1 Manner of Filing; Duty of Receiving Section-

(a) Pleadings, motions and other papers shall be filed with
the Receiving Section of the Judicial Records Division of the
Court. (Sec. 3, Rule 3, RIRCA [a]).
(b) Upon receipt of the pleadings, motions or other papers
filed by personal delivery, the Receiving Section shall forthwith
legibly stamp on the first page thereof the exact date and hour
of such receipt, duly signed by the receiving clerk. (Sec. 3(b),
Rule 3, RIRCA [a])
(c) If the filing is by registered mail, the Receiving Section
shall legibly stamp or indicate on the first page of the pleading,
motion or other paper the date of receipt thereof by the Court,
the fact that the same was received by registered mail and the
date of posting thereof, duly signed by the receiving clerk. The
corresponding envelope or portion thereof showing the date of
posting and registry stamp shall be attached to the rollo. (Sec.
(c). Rule 3, RIRCA [a])
(d) Pleadings, motions and other papers may also be filed
by ordinary mail, private messengerial service or any mode
other than personal delivery and registered mail as may be
allowed by law or the Rules. However, they shall be deemed
filed on the date and time of receipt by the Court, which shall
be legibly stamped by the receiving clerk on the first page thereof
and on die 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:
(1) Cases, whether original or appealed, shall be
raffled to individual justices;
Rule III, § 2 17
(1.1) Records are deemed completed upon filing

of the required pleadings, briefs or memoranda or the
expiration of die 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 six (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 the Division chosen
for the day which, in turn, shall choose by raffle the Raffle
Committee for the following working day. The members of the
Raffle Committee who are present shall be exempt from
assignment of cases for the day. In the event that one or more
members of the Raffle Committee is/are absent or not available,
the Raffle Staff shall report the matter to the Presiding
Justice 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). Rule 3, RIRCAfa])
(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
18 Rule III, § 2
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 certiorari, prohibition and
mandamus; (10) petitions for amparo; (11) petitions for habeas
data; (12) anti-money laundering cases; (13) cases involving
substitution of a ponente or designation of Justices to fill vacancies
in a Division or to create a Special Division of Five; and (14)
administrative cases referred by the Supreme Court to the Court
(Sec. 6(c), Rule 3, RIRCA [aj).
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 Raffle Staff shall furnish the Justices with the result
of the raffle not later than the following working day. (Sec. 6(f),
Rule 3, RIRCA [a])
(h) Only criminal cases not involving detention prisoners
and 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 leave of absence exceeding
fifteen (15) working days shall be exempt from the 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
Rule III, g 3 19
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, shall be filed with the Raffle Staff.
The Raffle Staff shall report the failure of a Justice to file
said formal leave of absence to the Presiding Justice, who shall
then direct the Raffle Committee to include said Justice in the
succeeding raffle of cases for raffle to him/her of such number
and nature of cases which should have been assigned to him/
her were it not 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
W)
Sec. 3. Consolidation of Cases - When related cases are
assigned to different Justices, they shall be consolidated and
assigned to one Justice.
(a) Upon motion of a party with 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 ensue when the cases involve the same parties and/or
related questions of fact and/or law.
(b) Consolidated cases shall pertain to the Justice -
(1) To whom the case with the lowest docket number
is assigned, if they are 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.
20 Rule III, § 4-5
(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. No. 08-1-16-SC,
respectively, shall apply.
(d) Notice of the consolidation and replacement shall be
given to the Raffle Staff and the Judicial Records Division. (Sec.
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 the 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 re-assigned shall send the rollo thereof to
the Raffle Staff which shall indicate on the cover of the rollo
that it is a replacement case, naming therein the Justice to
whom it is re-assigned, (n)
Sec. 5. Distribution of Cases Upon Assumption of a Newly

Appointed or Transferred Justice- Upon assumption of a newly
appointed or transferred Justice, he/she shall be 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.
Rule III, § 6/Rule IV, § 1-2 21
Sec. 6. Disposition of Pending Cases When a Justice Ceases

to be a Member of the Court-
When a Justice retires, is transferred, promoted or otherwise
ceases to be a member of the Court, 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 IV
PROCESSING OF CASES AND ACTION ON

INTERLOCUTORY MATTERS
Section 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 the
Judicial Records Division shall be entered in the docket book,
stitched to the rollo of the case, paged consecutively and then
forwarded to the Division Clerk of Court concerned.
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 rollo, 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 of the 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
22 Rule IV, § 3
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,
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
m hereof, (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 members 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 formal 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 notices of change of address of counsel, parties and
firm name;
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, Metro Cebu or
Cagayan de Oro City, as the case may be, or, if he/she is
outside those areas, to furnish the stenographic reporter
Rule IV, § 4 23
concerned with a copy of the unsigned transcripts with a

directive to submit a certification attesting to 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 decisions 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 case 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 service 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 by 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 without prior consent of the 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:
24 Rule IV, § 4
(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 Clerk of
Court concerned the lacking portions of the records for
appropriate action, if the records transmitted are
incomplete;
(1.5) Write the branch clerk of the court which
rendered the appealed judgment or order, copy furnished
the appellant, if the incomplete record is received by mail
without explanation for its incompleteness, for him/her to
get the records personally from the Court or submit the
missing parts of the records; and
(1.6) Within ten (10) days from completion of the
records, issue a notice to file appellant's brief within forty-
five (45) days from receipt thereof. The notice shall require
that a certified true copy of the appealed decision or order
be appended to the brief. (Sec. 2, Rule 4, RIRCA [a])
(2) If the records are being transmitted personally, the
Civil Cases Section shall immediately examine the same in the
presence of the filer and, if incomplete, issue a list of the missing
portions, [n]
(3) If the transcript of stenographic notes are incomplete,
the Civil Cases Section shall send a notice to the stenographic
reporter concerned to submit the missing transcripts within
thirty (30) days from notice. A notice shall also be issued to the
appellant's counsel with a warning that failure on his/her part
to take the necessary steps to complete the transcripts within
Rule IV, § 4 25
thirty (30) days from notice may result in the dismissal of the
appeal. (Sec. 2, Rule 4, RIRCA [a])
(4) Issuance of Notices. All notices mentioned in this Rule
shall be issued in the name of the Clerk of Court by the 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 rollo to the
Division Clerk of Court with a certification that the records of
the case are complete. The Division Clerk of Court shall then
report to the Division that the case may be deemed submitted
for decision, (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.R.
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 for
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. 7, Rule 5,
RIRCA)
(3) Appeals from Contempt of Court. Appeals from orders
finding a person in indirect contempt of court shall be treated
as appeals in criminal cases, [n]
26 Rule IV, § 5
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 the 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 petitions for certiorari,
prohibition and mandamus and petitions for quo warranto,
respectively, (n)
(d) Habeas corpus - The provisions of Rule 102 of the
Rules of Court shall govern petitions for habeas corpus, (n)
(e) Amparo.- The provisions of A.M. No. 07-9-12-SC shall
govern petitions for writ of amparo.
(f) Habeas Data- The provisions of A. M. No. 08-1-16-
SC shall govern petitions for writ of habeas data.
(g) Anti-Money Laundering.- The provisions of AJM.
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 be processed by the Special
Rule V, § 1-3 27
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.
Rule V
INHIBITION OF JUSTICES
Section 1. Mandatory Inhibition of Justices - When a

Justice is disqualified under any of the grounds enumerated in
the first paragraph of Sec. 1, Ride 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. Voluntary 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)
28 Rule V § 4-5/Rule VI, g 1-2
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, the Justice to whom it is raffled
may replace it with another case of similar nature and status,
subject to Sec. 4 (c). Rule III. (n)
Rule VI
PROCESS OF ADJUDICATION
Section I. 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
Rule VI, § 2 29
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 Is 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 ponente 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)
30 Rule VI, §3-4
Sec. 3. Power of the Court to Receive EvidenceThe 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 CcJurt 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
(d) 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 the 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 injunction should be denied. The
Court may require the party seeking the injunctive relief to file
a reply to the comment within 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 notwithstanding, 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)
Rule VI, § 5-7 31
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 ponente is present, then he/she
shall act alone upon the application. The action of the two
Justices or of the ponente shall, however, be submitted on the
next working day to the absent member or members of the
Division for ratification, modification or recall.
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
m Rule VI, § 7
fesolution 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 the 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)
Rule VI, § 8-9 33
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.

(1) Those where temporary restraining orders, writs of
preliminary injunction or execution pending appeal or other
auxiliary writs were issued;
(2) Those involving a prejudicial question; and
(3) The oldest cases submitted for decision.
(b) In Criminal Cases.

(1) Those where the accused is detained;
(2) Those where the Solicitor General recommends the
acquittal of the accused; and
(3) The oldest cases submitted for decision.
(c) In Original Actions and Petitions for Review.-

(1) Habeas corpus cases;
(2) 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 consultation. The Chairperson of the Division shall include
the case in an agenda for a meeting of the Division for its
34 Rule VI, § 10
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 Concur Dissent Others
□ n
□ □
□ □
II. After consultation/deliberation, the Division agreed

to assign this case to Justice (name of lustice) for
the writing of the opinion of the Court:
Name of Justice Agree Disagree
_________________________ □ □
_________________________ □ □
_________________________ □ □
Name of Justice Name of Justice

Chairperson Senior Member
Name of Justice
Junior Member (n)
2>ec. 10. Procedure in Case of Dissent.- When the

unanimous vote of the members of the Division cannot be
attained, the following shall be observed:
Rule VI, § 10 35
(a) Within five (5) working days from the date of
deliberation, the Chairperson of the Division shall refer the
case in writing, together with the rollo, to the Raffle
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 abolished 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 ponente 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 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
36 Rule VI, § 11-13
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. CertificationEvery 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 filing the decision or resolution
with the Division Clerk of Court who shall forthwith annotate
the date and time thereof and attest to it by his/her signature
thereon.
Rule VI, § 14-15 37
(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 Clerk of Court shall forward the original
and two copies thereof to the Court Reporter and a copy each
to the Information and Statistical Data Division and the Judicial
Records Division, the latter to forward the same copy to the
Archives Section. (Sec. 8, Rule 8, RIRCA [a])
A case remanded by the Supreme Court to the Court 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 station wide.
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
shall be prepared for the counsel of the parties in the case. (Sec.
Sec. 15. Effect of Filing an Appeal in the Supreme Court-
No motion for reconsideration or rehearing shall be acted upon
if the movant has previously filed in the Supreme Court a
petition for review on certiorari or a motion for extension of
time to file such petition. If such petition or motion is
98 Rule VII, § 1-3
subsequently filed, the motion for reconsideration pending in

this Court shall be deemed abandoned. (Sec. 8, Rule 9, RIRCA)
Rule VII
ENTRY OF JUDGMENT AND REMAND OF CASES
Section 1. Entry of JudgmentUnless a motion for

reconsideration or new trial is filed of 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 the
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 of judgment shall be made
only as to those who did not appeal. The same rule shall apply
where there are several accused in a case, some of whom
withdrew their appeal and others did not
(b) Entry of judgment in civil cases shall be made
immediately when an appeal is withdrawn or when a decision
based on a compromise agreement is rendered. (Secs. 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 it
became final and executory. (Sec. 3, Rule 11, RIRCA [a])
Sec. 3. Disposition of Copies - Copies of the entry of

judgment shall be furnished the parties through their counsel
Rule VII, § 4-6 39
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. 4. Allowance for Delay of Mail in Making Entries of

Judgment.- In making entries of judgment, the Division Clerk
of Court shall determine the finality of the decision by making
allowance for delay of mail, computed from the last day of the
period of appeal, as follows: forty-five (45) days, if the addressee
is from Mindanao, including Palawan; thirty (30) days, if the
addressee is from Visayas; twenty (20) days, if the addressee is
from Luzon, except Metro Manila; and fifteen (15) days, if the
addressee is from Metro Manila. (Sec. 6, Rule 11, RIRCA [a])
Sec. 5. Entry of Judgment and Final ResolutionIf 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 RecordsWithin 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])
40 Rule VIII, § 1-5
Rule VIII
MISCELLANEOUS PROVISIONS
Section 1. Erroneous Transmittal of Records. - If it clearly

appears from the notice of appeal that the appellant had
directed his/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
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 costs, 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
undocketed 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.
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 the Clerk of Court of the
Regional Trial Court, except when separate notices of appeal
Rule VIII, § 6-9 41
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.
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 [a])
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 ofRollos- To facilitate the identification

of cases, the cover of rollos shall have the following colors:
(a) Green for appealed civil cases;
(b) Cream for appealed criminal cases where the accused
is out on bail;
(c) Orange for criminal cases where the accused is detained;
(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;
42 Rule VIII, § 10-13
(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 Baguio- Unless otherwise determined

by the Presiding Justice, sessions shall be held in Baguio City by
at least one (1) Division of the Court for a week every month
and by not more than seven (7) Divisions on rotation basis
during the summer months.
The Presiding Justice shall prepare a schedule of sessions
in 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 banc (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)
♦♦♦♦♦
INDEX
- A-
Acting Chairperson of Division, 1
Acting Junior Member of Division, 5
Acting Presiding Justice, 4
Acting Senior Member of Division, 5
Action by the Division Clerk of Court
processing of cases, 21, 22
Action by the Presiding Justice
processing of cases, 21
Action on Inhibition, 28
Adjudication of Cases
action by a Justice, 31
dissenting opinion, 34
hearing on preliminary injunction, 30
Justices who may participate, 28
priorities, 33
study, report and deliberation, 33
Affirmative Vote
en banc session, 3
Allowance for Delay of Mail
entry of judgment, 39
Amended Decision, 36
AMLA Cases
limited to the first three most senior
justices, 22
petitions governed by A.M. No. 05-11-04-SC, 26
Amparo, 22, 26, 29
Anti-Money Laundering, 26
Appeals
filing of appeal in the Supreme Court, 37
from confiscation of bond, 25
from contempt of court, 25
processing of ordinary appeals, 23
special cases on appeal, 26
43
44 Index
Assignment of Cases
assigning of cases, 16
disqualification of Justices assigned
to study case, 17
motion for reconsideration, 32
raffle of cases, 16
re-raffle, 17
special raffle, 17
Assistant Clerk of Court
appointment, 13
duties, 11
-B-
Baguio Sessions, 42
Bail Bonds
confiscation of, 25
-C-
Case Deemed Submitted, 25

Case Received Without Docket and Other
Legal Fees, 40
Cases Referred by Supreme Court, 40
Ceremonial Protocol
division hearing, 15
en banc session, 15
Certification, 36
Certiorari, 26
Chairperson of Division
acting chairperson, 1, 2
certification, 36
Civil Cases
processing of appealed cases, 23
Classification of Members of the Court
chairperson of division, 1, 2
junior member, 2
senior member, 2
Index 45
Clerk of Court
appointment, 13
duties, 10
Color Code of Rollos, 41
Completion of Records
when deemed completed, 17
Confiscation of Bail Bond, 25
Conflicting Decisions
duties of Court Reporter, 12
Consolidation of Cases
Justices to whom case is assigned, 19
notice of, 20
replacement of cases, 20
Contempt of Court, 25
Court of Appeals
composition, 1
number of Justices, 1
number of Divisions, 1
other Court Officials, 10
power to receive evidence, 30
powers and functions, 2
station and place of holding sessions, 1
Court Composition, 1
number of Justices, 1
number of Divisions, 1
Court En Banc, 3
Court Reporter
appointment, 13
duties, 12
Criminal Cases
docketing fees, 25
processing of appealed cases, 23
-D-
Decisions of the Court

certification, 36
distribution of copies, 37
number of copies, 37
46 Index
promulgation of, 36
publication, 13
Deliberation in the Cases
Consultation, 33
minutes of deliberation, 34
Deposit for Costs
cases with multiple appellants, 40
consolidated cases, 40
Director of Prisons
entry of judgment where
accused is detained, 39
notice of decision of
acquittal of detained accused, 37
Disposition of Copies
decisions and resolutions, 38
Disposition of Pending Cases
when a Justice ceases to be
a member of the Court, 21
Dissenting Opinion
creation of division of five, 35
procedure, 34
Distribution of Cases
by raffle, 16
to new Justices, 20
to transferred Justices, 20
Distribution of Decisions and Resolutions, 37
Division Clerk of Court
action by the Division Clerk of Court, 22
appointment, 13
duties, 11
Division of the Court
jurisdiction, 8
manner of exercise of adjudicative power, 8
reorganization, 9
Division of Five, 10, 32, 35
Docket Book, 26
Docket Fees
cases with multiple appellants, 40
Index 47
late payment, 41
non-refundable, 41
payment of, 41
report on late payment, 41
without docket fees, 40
Docket Number
Civil cases, 24
Criminal cases, 25
Special cases, 27
Effectivity Clause
2009 Internal Rules of the Court of Appeals, 42
En Banc Sessions
ceremonial protocol, 15
matters cognizable by Court en banc, 2, 3
using teleconferencing, 2
Entry of Judgment
allowance for delay of mail, 39
Book of Entries of Judgment, 39
civil cases, 38
criminal cases, 38-39
disposition of copies, 38
entry of judgment and final
resolution, 39
finality of decision, 39
form, 38
Erroneous Transmittal of Record
notice of appeal, 40
Executive Justice
designation, 3
powers, 3
Filing of Cases, 16
Final Resolution, 39
48 Index
Form
Former (No.) Division, 29
Freeze Order, 29
Habeas Corpus, 22, 26, 29

Habeas Data, 22, 26, 29
Hearing
attendance of Justices, 15
ceremonial protocol, 15
conduct of proceedings in Divisions, 15
preliminary injunction, 30
Human Security Act of 2007, 29
- I -
Incomplete Transmittal of Records, 24

Inhibition of Justices
action on inhibition, 28
mandatory, 27
Motion to Inhibit
a Division, 27
a Justice, 27
voluntary, 27
Issuance of Notices, 25
Interlocutory Matters, 21
Internal Rules of the Court of Appeals
effectivity clause, 42
repealing clause, 42
separability clause, 42
-J-
Judicial Action on Certain Petitions, 31
Judicial Records Division
Archives Section, 39
Civil Cases Section, 23
Criminal Cases Section, 25
Index 49
Receiving Section, 16
Special Cases Section, 26
Jurisdiction of the Court thru its Divisions, 2
Justice to Whom Case is Assigned, 28
raffle of cases, 16
replacement of cases, 20
Justices of the Court
assignment to Divisions, 1
Executive Justice, 2
Junior member, 2
Presiding Justice, 2
Senior member, 2
Land Registration Cases

entry of judgment of the Court, 39
Leave of Absence
exemption of Justice from raffle of cases, 18
-M-
Mail
allowance for delay, 39
filing of cases by mail, 16
Mandamus, 26
Mandatory Inhibition, 27
Motions for Reconsideration
adjudication of, 31
decision, 32
interlocutory resolution, 31, 32
Multiple Appeals, 40, 41
Multiple Appellants
docketing fees, 40
-NT-
New Trial
newly discovered evidence, 30
50 Index
Notice of Appeal
erroneous transmittal of record, 40
Notices
appellant's brief, 24
appellant's counsel
issuances, 25
transcript of stenographic notes, 24
stenographic reporter, 24
Number of Copies
decisions and resolutions, 37
-O-
Oldest Cases
in civil cases, 33
in criminal cases, 33
in original actions and petitions
for review, 33
priorities in adjudication, 33
Oral Argument, 31
Ordinary Appeals
in civil cases, 23
issuance of notices, 25
priorities in adjudication, 33
when deemed submitted, 25
Ordinary Mail
filing of pleadings, motions, etc., 16
Original Action, 26, 29
Original Petition
fees, 26
Originals of the Decisions
Court Reporter, 12
Original Records of Cases
original records transmitted personally, 37
original records received by mail, 37
remand of original records
to court of origin, 39
Index 51
Other Court Officials
appointment 13
Assistant Clerk of Court 11
Clerk of Court, 10,11
Court Reporter, 12-13
Division Clerk of Court, 11, 12
resignation, 14
•P-
Petition for Certiorari, 26
Petition for Review, 26, 29
Place of Holding Sessions, 1
Pleadings
action by the Division Clerk of Court, 22
action by the Presiding Justice, 21
filing of, 21
procedure in disposition, 21
procedure in receiving, assignment
and distribution, 16
Power to Receive Evidence
in appeals in civil cases, 30
in appeals in criminal cases, 30
in appeals involving claims for damages
arising from provisional remedies, 30
in original actions, 30
Powers and Functions, 2
Precedence
concept, 14
when applicable, 14
when not applicable, 14
Preliminary Injunction, 29, 30
Presiding Justice
administrative affairs, 3
appointment of court personnel, 13
convocation of Divisions with
conflicting decisions, 13
creation of additional committees, 6
52 Index
distribution of cases to new

or transferred justices, 20
precedence, 14
special raffle, 17
supervision of Clerk of Court, 10
temporarily assign an Associate Justice, 9
Priorities
adjudication of cases, 33
in civil cases, 33
in original actions and petitions
for review:
Agrarian cases, 33
Amparo cases, 33
Anti-Money Laundering cases, 33
Habeas corpus cases, 33
Habeas Data cases, 33
original petitions where injunctive
relief has been granted, 33
petitions for review pending for a
long time, 33
Promulgation Book
contents, 37
Promulgation of Decisions and Resolutions
procedure, 36
responsibility, 36
Protocol
during Division hearings, 15
during en banc session, 15
-Q-
Quasi-Judicial Agency, 31
Quo Warranto, 26
Quorum, 3
Raffle of Cases
assignment of cases, 16
Index 53
equality in number of raffled cases, 18
excluded from, 19
exempted from, 18
procedure, 17
replacement cases, 20
special raffle, 17
Raffle Committee
composition, 17
Raffle Committee Staff, 17
Receiving Section
duty, 16
manner of filing, 16
filing of pleadings, motions, etc., 16
receiving of cases, 16
Reception of Evidence
power of the Court to receive evidence, 30
Registered Mail
date of filing of pleadings, 16
mailing date, 16
pleadings, 16
Remand of Original Records, 39
Reorganization
divisions, 9
statement of preference, 9
Repealing Clause, 42
Replacement, Right of, 28
Replacement of Cases, 20
Reporter
see Court Reporter
Resolutions, 36
distribution, 37
number of copies, 37
promulgation of, 36
Retiring Justices
exempt from raffle of cases, 19
Rollos
color codes, 41
Rule on Precedence
application, 14
54 Index
concept, 14
-S-
Senior Members of a Division, 1
Acting Senior Member, 1
Seniority rule, 2, 5
Separability Clause, 42
Special Cases on Appeal, 26
Special Cases Section
processing of petition, 26
Special Division of Five, 10, 35
seniority rule, 5
Special Raffle of Cases
conduct, 17
urgent necessity, 17
Standing Committees
Baguio Cottages and
Administrative Building, 8
Budget and Finance, 7
Buildings and Grounds, 7
Computerization, Library and
Modernization, 8
Court of Appeals Journal, 8
Employees' Welfare and Benefits, 7
Ethics and Special Concerns, 6
Foreign Travels, 8
Legal and Research Services, 7
Personnel, 6
Public Information, 8
Purchase and Acquisition of
Court Facilities, Equipment
and Supplies, 7
Records Management and
Information Service, 7
Rules, 7
Security, 7
Statement of Preference form, 9
Station and Place of Holding Sessions, 1
Cagayan de Oro, 2
Index 55
Cebu City, 1
Manila, 1
Stenographic Notes, 24
Study of Cases
preparation of report, 33
Substitution of Ponente, 32
Supreme Court
cases referred by the Supreme Court
to the Court of Appeals, 40
effect of filing an appeal in
the Supreme Court, 40
Syllabi of Cases
preparation and distribution, 13
-T-
Transcript of Stenographic Notes
appealed civil case, 24
incomplete, 24
unsigned, 22
Teleconferencing, 2
Temporary Restraining Order, 22, 29
Transfer of Justices to Another Division, 9
Transmittal of Records, 39
Vacancies
absence, 4
designation of Justices, 1
permanent vacancy, 10
position of Chairpersons of Divisions, 10
position of Clerk of Court, 13
position of Presiding Justice, 14
rank of junior members, 10
rank of senior members, 10
rule on precedence, 14
temporary incapacity, 4
temporary vacancy, 9
56 Index
Voluntary Inhibition, 27
Warrant of Arrest, 29
Writ
Amparo, 22, 29
Habeas Corpus, 22, 29
Habeas Data, 22, 29
preliminary injunction, 29, 30
♦♦♦♦♦

2009 Internal Rules of The Court of Appeals

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2009 Internal Rules of The Court of Appeals

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2009 INTERNAL RULES

2009 COMMITTEE ON RULES

Republic of tFje JWKppmea

2009 COMMITTEE ON RULES

Justice EDGARDO P. CRUZ

Justice REBECCA DE GUIA-SALVADOR Justice MARIO L. GUARINA HI

Justice ROSMARI D. CARANDANG Justice HAKIM S. ABDUL WAHID

Justice NOEL G. TIJAM Justice IS ALAS P. DICDICAN

Justice APOLINARIO D. BRUSELAS, JR.

Composition of the Court of Appeals

PORTIA AUNO-HORMACHUEL05MARTIN S. VTLLARAMA, JR.

ANDRES B. REYES, JR. REMEDIOS A. SALAZAR-FERNANDO

JOSE L. SABIO,JR. BIENVENIDOL. REYES

JOSEFINA GUEVARA-SALONGA REBECCA DE GUIA-SALVADOR

JUAN Q. ENRIQUEZ, JR. AMELTTA G. TOLENTINO

MARIO L.GUARINA III ROSMARID. CARANDANG

HAKIMS. ABDUL WAHID NOELG.TIJAM

JOSE C. MENDOZA ROSALINDA ASUNCION-VICENTE

JOSE C. REYES, JR. FERNANDA LAMPAS-PERALTA

MAGDANGAL M. DE LEON VICENTE S.E.VELOSO

ISAIASP. DICDICAN ARCANGELITA ROMILLA-LONTOK

JAPAR B. DIMAAMPAO CELIA C. LIBREA-LEAGOGO

MARIFLOR PUNZALAN-CASTILLO ARTURO G.TAYAG

SESINANDOE. VILLON RAMON M. BATO, JR.

ROMULO V. BORJ A EDGARDO A. CAMELLO

RODRIGO F. UM, JR MYRNA DIMARANAN-VIDAL

NORMANDIE B. PIZARRO APOLINARIO D. BRUSELAS, JR.

RAMON R. GARCIA RICARDO R. ROSARIO

MARLENE GONZALESSISON ROMEO F. BARZ A

SIXTO C. MARELLA, JR. ANTONIO L. VILL AMOR

PRISCILLA J. BALTAZAR-PADILLA MARIO V. LOPEZ

FRANCISCO P. ACOSTA STEPHEN C. CRUZ

JANE AURORA C. LANTION MICHAEL P.ELBINIAS

ELIHU A. YBANEZ FRANCHITON. DIAMANTE

AMY C. LAZARO-JAVIER FLORITO S. MACALINO

EDGARDOT.LLOREN RUBEN C.AYSON

EDGARDO L. DELOS SANTOS RODIL V. ZALAMEDA

MANUEL M. BARRIOS SAMUEL H.GAERLAN

DANTON Q. BUESER LEONCIA R. DIMAGIBA

Sec. 1. Mandatory Inhibition of Justices.............................................. 27

Sec. 1. Erroneous Transmittal of Records.............................................. 40

THE COURT, ITS ORGANIZATION AND OFFICIALS

Section 1. Composition of the Court of AppealsUnless

Sec. 2. Station and Place of Holding Sessions-

Sec. 3. Exercise of Powers and Functions - The Court

Sec. 5. Matters Cognizable by the Court En Banc - The

distribution of cases and other matters concerning the operation

Sec. 6. Filling of Vacancy Due to Absence or Temporary

Chairperson, on the basis of seniority, by either the regular

by the Presiding Justice with the concurrence of the majority of

(b) Committee on Personnel.- On matters involving

(c) Committee on Budget and Finance.- On matters

(k) Committee on Court of Appeals JournalOn the matter

Sec. 8. Jurisdiction and Manner of Exercise of Adjudicative

Sec. 9. Reorganization of Divisions.-

Associate Justice (n)

Sec. 10. Other Court Officials and their Duties-

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

such as the payment of docket and other legal fees, filing of

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

Sec. 11. Appointments and Resignation of Court Officials

All resignations from office shall be indorsed by the