Procedure in the Court of Appeals

RULE 44

Ordinary Appealed Cases

Section 1. Title of cases. — In all cases appealed to the Court of Appeals under Rule 41, the title of
the case shall remain as it was in the court of origin, but the party appealing the case shall be further
referred to as the appellant and the adverse party as the appellee. (1a, R46)

Section 2. Counsel and guardians. — The counsel and guardians ad litem of the parties in the court
of origin shall be respectively considered as their counsel and guardians ad litem in the Court of
Appeals. When others appear or are appointed, notice thereof shall be served immediately on the
adverse party and filed with the court. (2a, R46)

Section 3. Order of transmittal of record. — If the original record or the record on appeal is not
transmitted to the Court of Appeals within thirty (30) days after the perfection of the appeal, either
party may file a motion with the trial court, with notice to the other, for the transmittal of such record
or record on appeal. (3a, R46)

Section 4. Docketing of case. — Upon receiving the original record or the record on appeal and the
accompanying documents and exhibits transmitted by the lower court, as well as the proof of
payment of the docket and other lawful fees, the clerk of court of the Court of Appeals shall docket
the case and notify the parties thereof. (4a, R46)

Within ten (10) days from receipt of said notice, the appellant, in appeals by record on appeal, shall
file with the clerk of court seven (7) clearly legible copies of the approved record on appeal, together
with the proof of service of two (2) copies thereof upon the appellee.

Any unauthorized alteration, omission or addition in the approved record on appeal shall be a ground
for dismissal of the appeal. (n)

Section 5. Completion of record. — Where the record of the docketed case is incomplete, the clerk
of court of the Court of Appeals shall so inform said court and recommend to it measures necessary
to complete the record. It shall be the duty of said court to take appropriate action towards the
completion of the record within the shortest possible time. (n)

Section 6. Dispensing with complete record. — Where the completion of the record could not be
accomplished within a sufficient period allotted for said purpose due to insuperable or extremely
difficult causes, the court, on its own motion or on motion of any of the parties, may declare that the
record and its accompanying transcripts and exhibits so far available are sufficient to decide the
issues raised in the appeal, and shall issue an order explaining the reasons for such declaration. (n)

Section 7. Appellant's brief. — It shall be the duty of the appellant to file with the court, within forty-
five (45) days from receipt of the notice of the clerk that all the evidence, oral and documentary, are
attached to the record, seven (7) copies of his legibly typewritten, mimeographed or printed brief,
with proof of service of two (2) copies thereof upon the appellee. (10a, R46)

Section 8. Appellee's brief. — Within forty-five (45) days from receipt of the appellant's brief, the
appellee shall file with the court seven (7) copies of his legibly typewritten, mimeographed or printed
brief, with proof of service of two (2) copies thereof upon the appellant. (11a, R46)
Section 9. Appellant's reply brief. — Within twenty (20) days from receipt of the appellee's brief, the
appellant may file a reply brief answering points in the appellee's brief not covered in his main brief.
(12a, R46)

Section 10. Time of filing memoranda in special cases. — In certiorari, prohibition, mandamus, quo
warranto and habeas corpus cases, the parties shall file in lieu of briefs, their respective memoranda
within a non-extendible period of thirty (30) days from receipt of the notice issued by the clerk that all
the evidence, oral and documentary, is already attached to the record. (13a, R46)

The failure of the appellant to file his memorandum within the period therefor may be a ground for
dismissal of the appeal. (n)

Section 11. Several appellants or appellees or several counsel for each party. — Where there are
several appellants or appellees, each counsel representing one or more but not all of them shall be
served with only one copy of the briefs. When several counsel represent one appellant or appellee,
copies of the brief may be served upon any of them. (14a, R46)

Section 12. Extension of time for filing briefs. — Extension of time for the filing of briefs will not be
allowed, except for good and sufficient cause, and only if the motion for extension is filed before the
expiration of the time sought to be extended. (15, R46)

Section 13. Contents of appellant's brief. — The appellant's brief shall contain, in the order herein
indicated, the following:

(a) A subject index of the matter in the brief with a digest of the arguments and page
references, and a table of cases alphabetically arranged, textbooks and statutes cited with
references to the pages where they are cited;

(b) An assignment of errors intended to be urged, which errors shall be separately, distinctly
and concisely stated without repetition and numbered consecutively;

(c) Under the heading "Statement of the Case," a clear and concise statement of the nature
of the action, a summary of the proceedings, the appealed rulings and orders of the court,
the nature of the judgment and any other matters necessary to an understanding of the
nature of the controversy with page references to the record;

(d) Under the heading "Statement of Facts," a clear and concise statement in a narrative
form of the facts admitted by both parties and of those in controversy, together with the
substance of the proof relating thereto in sufficient detail to make it clearly intelligible, with
page references to the record;

(e) A clear and concise statement of the issues of fact or law to be submitted, to the court for
its judgment;

(f) Under the heading "Argument," the appellant's arguments on each assignment of error
with page references to the record. The authorities relied upon shall be cited by the page of
the report at which the case begins and the page of the report on which the citation is found;

(g) Under the heading "Relief," a specification of the order or judgment which the appellant
seeks; and
 (h) In cases not brought up by record on appeal, the appellant's brief shall contain, as an
appendix, a copy of the judgment or final order appealed from. (16a, R46)

Section 14. Contents of appellee's brief. — The appellee's brief shall contain, in the order herein
indicated the following:

(a) A subject index of the matter in the brief with a digest of the arguments and page
references, and a table of cases alphabetically arranged, textbooks and statutes cited with
references to the pages where they are cited;

(b) Under the heading "Statement of Facts," the appellee shall state that he accepts the
statement of facts in the appellant's brief, or under the heading "Counter-Statement of
Facts," he shall point out such insufficiencies or inaccuracies as he believes exist in the
appellant's statement of facts with references to the pages of the record in support thereof,
but without repetition of matters in the appellant's statement of facts; and

(c) Under the heading "Argument," the appellee shall set forth his arguments in the case on
each assignment of error with page references to the record. The authorities relied on shall
be cited by the page of the report at which the case begins and the page of the report on
which the citation is found. (17a, R46)

Section 15. Questions that may be raised on appeal. — Whether or not the appellant has filed a
motion for new trial in the court below he may include in his assignment of errors any question of law
or fact that has been raised in the court below and which is within the issues framed by the parties.
(18, R46)

RULE 46

Original Cases

Section 1. Title of cases. — In all cases originally filed in the Court of Appeals, the party instituting
the action shall be called the petitioner and the opposing party the respondent. (1a)

Section 2. To what actions applicable. — This Rule shall apply to original actions for certiorari,
prohibition, mandamus and quo warranto.

Except as otherwise provided, the actions for annulment of judgment shall be governed by Rule 47,
for certiorari, prohibition and mandamus by Rule 65, and for quo warranto by Rule 66. (n)

Section 3. Contents and filing of petition; effect of noncompliance with requirements. — The petition
shall contain the full names and actual addresses of all the petitioners and respondents, a concise
statement of the matters involved, the factual background of the case, and the grounds relied upon
for the relief prayed for.

In actions filed under Rule 65, the petition shall further indicate the material dates showing when
notice of the judgment or final order or resolution subject thereof was received, when a motion for
new trial or reconsideration, if any, was filed and when notice of the denial thereof was received.

It shall be filed in seven (7) clearly legible copies together with proof of service thereof on the
respondent with the original copy intended for the court indicated as such by the petitioner, and shall
be accompanied by a clearly legible duplicate original or certified true copy of the judgment, order,
resolution, or ruling subject thereof, such material portions of the record as are referred to therein,
and other documents relevant or pertinent thereto. The certification shall be accomplished by the
proper clerk of court or by his duly authorized representative, or by the proper officer of the court,
tribunal, agency or office involved or by his duly authorized representative. The other requisite
number of copies of the petition shall be accompanied by clearly legible plain copies of all
documents attached to the original.

The petitioner shall also submit together with the petition a sworn certification that he has not
theretofore commenced any other action involving the same issues in the Supreme Court, the Court
of Appeals or different divisions thereof, or any other tribunal or agency; if there is such other action
or proceeding, he must state the status of the same; and if he should thereafter learn that a similar
action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or
different divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the
aforesaid courts and other tribunal or agency thereof within five (5) days therefrom.

The petitioner shall pay the corresponding docket and other lawful fees to the clerk of court and
deposit the amount of P500.00 for costs at the time of the filing of the petition.

The failure of the petitioner to comply any of the requirements shall be sufficient ground for the
dismissal of the petition. (n; Bar Matter No. 803, 21 July 1998)

Section 4. Jurisdiction over person of respondent, how acquired. — The court shall acquire
jurisdiction over the person of the respondent by the service on him of its order or resolution
indicating its initial action on the petition or by his voluntary submission to such jurisdiction. (n)

Section 5. Action by the court. — The court may dismiss the petition outright with specific reasons
for such dismissal or require the respondent to file a comment on the same within ten (10) days from
notice. Only pleadings required by the court shall be allowed. All other pleadings and papers, may
be filed only with leave of court. (n)

Section 6. Determination of factual issues. — Whenever necessary to resolve factual issues, the
court itself may conduct hearings thereon or delegate the reception of the evidence on such issue to
any of its members or to an appropriate court, agency or office. (n)

Section 7. Effect of failure to file comment. — When no comment is filed by any of the respondents,
the case may be decided on the basis of the record, without prejudice to any disciplinary action
which the court may take against the disobedient party. (n)

RULE 56

A. Original Cases

Section 1. Original cases cognizable. — Only petitions for certiorari, prohibition, mandamus, quo
warranto, habeas corpus, disciplinary proceedings against members of the judiciary and attorneys,
and cases affecting ambassadors, other public ministers and consuls may be filed originally in the
Supreme Court. (n)

Section 2. Rules applicable. — The procedure in original cases for certiorari,

prohibition, mandamus, quo warranto and habeas corpus shall be in accordance with the applicable
provisions of the Constitution, laws, and Rules 46, 48, 49, 51, 52 and this Rule, subject to the
following provisions:
 a) All references in said Rules to the Court of Appeals shall be understood to also apply to
the Supreme Court;

b) The portions of said Rules dealing strictly with and specifically intended for appealed
cases in the Court of Appeals shall not be applicable; and

c) Eighteen (18) clearly legible copies of the petition shall be filed, together with proof of
service on all adverse parties.

The proceedings for disciplinary action against members of the judiciary shall be governed by the
laws and Rules prescribed therefor, and those against attorneys by Rules 139-B, as amended. (n)

B. Appealed Cases

Section 3. Mode of appeal. — An appeal to the Supreme Court may be taken only by a petition for
review on certiorari, except in criminal cases where the penalty imposed is death, reclusion
perpetua or life imprisonment. (n)

Section 4. Procedure. — The appeal shall be governed by and disposed of in accordance with the
applicable provisions of the Constitution, laws, Rules 45, 48, sections 1, 2, and 5 to 11 of Rule 51,
52 and this Rule. (n)

Section 5. Grounds for dismissal of appeal. — The appeal may be dismissed motu proprio or on
motion of the respondent on the following grounds:

(a) Failure to take the appeal within the reglementary period;

(b) Lack of merit in the petition;

(c) Failure to pay the requisite docket fee and other lawful fees or to make a deposit for
costs;

(d) Failure to comply with the requirements regarding proof of service and contents of and
the documents which should accompany the petition;

(e) Failure to comply with any circular, directive or order of the Supreme Court without
justifiable cause;

(f) Error in the choice or mode of appeal; and

(g) The fact that the case is not appealable to the Supreme Court. (n)

Section 6. Disposition of improper appeal. — Except as provided in section 3, Rule 122 regarding
appeals in criminal cases where the penalty imposed is death, reclusion perpetua or life
imprisonment, an appeal taken to the Supreme Court by notice of appeal shall be dismissed.

An appeal by certiorari taken to the Supreme Court from the Regional Trial Court submitting issues
of fact may be referred to the Court of Appeals for decision or appropriate action. The determination
of the Supreme Court on whether or not issues of fact are involved shall be final. (n)
Section 7. Procedure if opinion is equally divided. — Where the court en banc is equally divided in
opinion, or the necessary majority cannot be had, the case shall again be deliberated on, and if after
such deliberation no decision is reached, the original action commenced in the court shall be
dismissed, in appealed cases, the judgment or order appealed from shall stand affirmed; and on all
incidental matters, the petition or motion shall be denied.