Re: The Justices Who Shall Act on Motions for Bail

July 7, 2009 EN BANC RESOLUTION NO. 002-09 RE: THE JUSTICES WHO SHALL ACT ON MOTIONS FOR BAIL WHEREAS, in accordance with Section 6 of Rule 9 of the Revised Rules of the Court of Tax Appeals, it is the responsibility of the Division and the Ponente to act on motions for bail; WHEREAS, it is hereby recognized that there is unavoidable circumstances arising from lack of quorum or the absence of all members of the Division assigned to the case, and there is an urgent necessity for the resolution of motions for bail. In which case, this Court hereby considers that one CTA Justice may approve the bail pursuant to Section 6 of Rule 9 of the Revised Rules of the Court of Tax Appeals, which provides that in case of arrest and detention of an accused outside Metro Manila, a Judge of the Regional Trial Court may approve said bond, and thereafter, shall transmit all the bail documents to the Division concerned; NOW, THEREFORE, the above premises, this Court, sitting En Banc RESOLVED to adopt, as it hereby RESOLVES to adopt the following procedures in conformity with Section 6 of Rule 9 of the Revised Rules of the Court of Tax Appeals: 1. Any motion for bail shall immediately be referred by the Division Clerk of Court to the Ponente and shall be acted upon by the said Ponente and the Division concerned; 2. If the Ponente is not available or indisposed, the Division Clerk of Court concerned shall refer the motion to the Chairperson of the said Division for immediate and appropriate action; 3. In the absence of the Chairperson of the Division concerned, the Division Clerk of Court shall refer the motion to any remaining member of the Division; 4. In the absence of all the members of the Division concerned, the motion shall be referred to any Justice of this Court for appropriate action. Thereafter, the approved bail shall be immediately submitted by the Division Clerk of Court to the members of the Division concerned, for their confirmation. ADHCSE This resolutions shall take effect immediately upon approval. SO ORDERED. (SGD.) ERNESTO D. ACOSTA Presiding Justice (SGD.) JUANITO C. CASTAEDA, JR. Associate Justice (SGD.) LOVELL R. BAUTISTA Associate Justice (SGD.) ERLINDA P. UY Associate Justice (SGD.) CAESAR A. CASANOVA Associate Justice (SGD.) OLGA PALANCA-ENRIQUEZ Associate Justice