Revised Internal Rules of the Court of Appeals as Amended

August 18, 1988 REVISED INTERNAL RULES OF THE COURT OF APPEALS 1 (as Amended) Pursuant to Section 12 of the Judiciary Reorganization Act of 1980 (Batas Pambansa Blg. 129), as amended, the Court of Appeals, in several en banc sessions from October 30, 1987 to May, 30, 1988, adopted and promulgated the following rules governing the internal operating procedures of the Court, amending the Internal Rules promulgated on December 12, 1986. On August 2, 1988, several copies of the REVISED INTERNAL RULES OF THE COURT OF APPEALS were submitted to the Supreme Court and, in accordance with Section 12 of B.P. Blg. 129, said rules become effective fifteen (15) days thereafter or on August 18, 1988. The REVISED INTERNAL RULES OF THE COURT OF APPEALS may be cited as RIRCA. RULE 1 Organizational Set-up SECTION 1 . Composition of the Court . Unless otherwise provided by law, the Court of Appeals shall be composed of a Presiding Justice and fifty (50) Associate Justices who shall sit in seventeen (17) Divisions of three Justices each. 2 The members of the Court are classified into three groups according to their seniority or precedence. The seventeen most senior members shall be Chairmen of the Divisions. The seventeen members next in precedence shall compose the senior members of the Divisions, and the rest shall be the junior members. SECTION 2 . Place of Holding Sessions . The Court of Appeals shall have its permanent seat in the City of Manila. Whenever public interest so requires, the Supreme Court, on its own initiative or upon recommendation of the Presiding Justice of the Court of Appeals, may authorize any of its Divisions to hold sessions outside Manila, for such periods and at such places as the Supreme Court may determine, to hear and decide cases. IHTaCE SECTION 3 . Presiding Officers . The Court sitting en banc shall be presided by the Presiding Justice, or in his absence or in case of his unavailability, by the most Senior Associate Justice in attendance. When sitting in Divisions, it shall be presided by the Chairman, or in case of his unavailability, by the most senior member of the Division. SECTION 4 . Quorum and Affirmative Vote . A majority of the present membership of the Court shall constitute a quorum for its session en banc . The affirmative vote of a majority of those in attendance shall be necessary to approve any matter before it for its consideration. a. The presence of all members of a Division shall constitute a quorum and their unanimous vote shall be necessary for the pronouncement of a decision or resolution, otherwise the Chairman shall ask the Raffle Committee to designate by raffle two additional members of the Court to constitute a special division of five members. b. In the absence of a quorum the session of the Court en banc is ipso facto adjourned until the requisite number is constituted. A memorandum to this effect shall be entered in the minutes. SECTION 5 . Organization of Divisions . Unless otherwise decided upon by the Court, the annual organization of the Divisions shall be done during the first fifteen days of January of each year. The assignment of Justices to the Divisions shall be in accordance with the order of seniority of the members of the Court. a. Should appointments to the Court require the creation of a new Division or Divisions, the ranking among the senior members shall be the Chairman or Chairmen of such new Divisions, and the resultant vacancies thus created in the senior membership shall be filled by the ranking among the junior members. The new appointees shall be assigned to the resultant vacancies as junior members. b. Should the membership of the Court be reduced to such an extent that the remaining members shall be less than the number required for the existing Divisions, a reorganization shall be made so as to maintain only as many Divisions as the membership will permit even if an incumbent Chairman of a Division shall thereby cease as Chairman. c. Permanent vacancies shall be filled in the following manner: (1) Should the vacancy occur in the chairmanship of a Division, the most senior among the senior members of the Court shall become the acting Chairman of that Division, pending the annual reorganization of the Divisions. cTECHI (2) A permanent. vacancy in the ranks of the senior members shall be filled by the most senior among the junior members of the Court as acting senior member of the Division where the vacancy exists, pending the annual reorganization of the Divisions in addition to his duties as junior member of his current Division. (3) A permanent vacancy in the ranks of the junior members shall be filled by the most junior member of. the Court as acting junior member of the Division where the vacancy exists pending the reorganization of the Divisions in addition to his duties as regular junior member of his current Division. d. A temporary vacancy in the chairmanship of a Division, shall be filled by the senior member of the Division concerned who shall set as chairman until the regular Chairman thereof returns to duty. And the third member shall be designated by raffle from among the junior members on a rotation basis. e. Whenever the membership of a Division is reduced to less than three members, the necessary number of Associate Justices shall be designated as acting members on a strict rotation basis. The division thus constituted shall be called a Special Division. The Special Division shall act on all cases, motions, and incidents until the absent regular members shall have reported back for duty, or the vacancies have been filled by the appointment of new Justices. However, the Associate Justices so designated shall continue at the same time as members of their regular Divisions. SECTION 6 . Divisions of Five . Whenever the members of a Division fail to reach a unanimous vote, a Division of Five shall be created. The selection of the two Additional Justices shall be by raffle on a rotation basis. The concurrence of a majority shall be necessary for the pronouncement of a decision or resolution. SECTION 7 . Rule on Precedence . 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 the order of their appointments. SECTION 8 . Application of the Rule on Precedence. The rule on precedence shall be observed and applied in the following instances: a. In case of a vacancy in the office of the Presiding Justice or in the event of his absence or inability to perform the powers, functions, and duties of his office, the Associate Justice who is first in precedence shall perform his powers, functions, and duties until such disability is removed or another Presiding Justice is appointed and has qualified. b. In the determination of the Chairmanship of the Divisions. c. In the seating arrangement of the Justices in all official functions. TcICEA d. In the choice of supporting personnel and other employees. e. In the choice of office space, facilities, equipment, transportation and cottages; Provided that the right of choice shall be limited to Justices who have taken oath and assumed office. SECTION 9 . Non-application of the Rule on Precedence . No precedence in rank shall be observed in social and other non-official functions. The rule on precedence shall not be used to justify any discrimination in the assignment of cases, amount of compensation, allowance or other forms remuneration except in the case of the Presiding Justice or whoever is acting in his place, the Chairmen of the Divisions and in the payment of longevity pay. SECTION 10 . Appointment of New Justices and Distribution of Cases . Whenever there shall be new Justices appointed and there are not enough unassigned cases to be assigned to them, the Presiding Justice shall determine: (1) the number of cases to be returned by each Justice, and (2) the number to be assigned to each of the new Justices; taking into account the number of cases pending with each Justice at the time such unloading shall be effected. STECDc Cases previously raffled to Justices who have retired, died or transferred to another government shall be returned to the Judicial Records Division for re-raffle to the Justices. The cases returned by the Justices together with those cases assigned to Justices who have ceased to be members of the Court shall be allocated among the new Justices strictly by raffle and in such manner as to equalize the caseload not only in number but also in the relative age. SECTION 11 . Court Officials and Their Duties . a. Clerk of Court . The Clerk of Court is the administrative officer of the Court. He shall be under the direct supervision of the Presiding Justice and is accountable to the Court. As administrative officer, he shall take charge of the administrative operations of the Court and exercise general or administrative supervision over the subordinate officials and employees of the Court, except those belonging to the staff of the individual Justice. He shall assist the Presiding Justice in the formulation of programs and policies for the consideration of the Court en banc . b. Assistant Clerk of Court . The Assistant Clerk of Court shall assist the Clerk of Court in the performance of his duties and functions and perform such other duties and functions as the Presiding Justice or the Clerk of Court may assign to him. In case of vacancy in the position of the Clerk of Court or in the event of his absence or inability to perform the powers, functions, duties and responsibilities of his office, the Assistant Clerk of Court shall act as Clerk of Court until a Clerk of Court is appointed and has qualified, or until the Clerk of Court reports for duty. c Division Clerks of Court . Each Division of the Court shall be assisted by a staff composed of one (1) Division Clerk of Court and such personnel as the exigencies of the service may warrant. (1) The Division Clerk of Court together with the staff shall be under the direct control and supervision of the Chairman of the Division. (2) The Division Clerk of Court shall, among other duties and responsibilities, direct and supervise the staff of the Division; maintain the records of the Division in an orderly manner; keep watch over the status and progress of cases assigned to the Division; follow up papers, pleadings, motions, etc. filed with the Receiving Section in connection with any pending case and update the records of all cases; examine the records of cases to be acted upon by the Division both in the completion process and decisional stage, such as but not limited to payment of docketing and other legal fees, filing of briefs, memoranda and other legal papers within the allowable periods, preparation of the agenda of motions and other incidental matters for action by the Division; issue minute resolutions, notices of decisions, resolutions and hearings, summonses, subpoenas , writs and other processes by and under the authority of the Chairman of the Division; attend the hearings of the Division, supervise the stenographers in the recording of the proceedings and prepare the minutes thereof; receive the decisions and resolutions of the Division for promulgation; and make entries of judgment. HcACTE (3) The Division Clerk of Court shall immediately report to the Justice assigned to study the case the failure of any party or parties to comply with any resolution or order of the court within the period prescribed therefor. d. Court Reporter . With the consent of the ponente , the Court Reporter shall publish in the Official Gazette and in the Court of Appeals Reports the decisions and final resolutions together with their syllabi in the text and language in which they have been originally written. The syllabi shall be prepared by the Court Reporter in consultation and with the approval of the ponente . (1) The Court Reporter shall be-the custodian of the original copies of the decisions and final resolutions of the Court; shall cause the binding of the same in separate volumes; shall have supervision and control over his staff; shall distribute to the Justices copies of decisions of the Court which the believes they should be apprised of especially in view of any conflict in the rulings. In this connection, he shall call the attention of the Presiding Justice to the conflicting decisions and the Presiding Justice shall convoke the Divisions concerned to resolve the same. HTDCAS (2) Original copies of decisions shall not be taken out of the premises of the court without the written authority of the Presiding Justice. SECTION 12 . Appointment of Court Officials and Other Employees . The Clerk of Court, the Assistant Clerk of Court, the Division Clerks of Court, and the Court Reporter shall be recommended by the court en banc for appointment by the Supreme Court. The appointment of all other personnel of the Court shall be by the Supreme Court upon the recommendation of the Presiding Justice. Upon receipt of the Supreme Court's resolution appointing said officials And employees, the Presiding Justice shall issue to the appointee the corresponding commission evidencing the appointment. The appointee may then take his oath of office and assume the discharge of his duties. The commission is only the evidence of the appointment and execution and delivery thereof is entrusted to the Presiding Justice as a ministerial function. No Justice shall allow his recommendee to assume the duties of the position to which he is recommended for appointment before the issuance of his appointment except in meritorious cases and with the 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 copy thereof shall then be forwarded to the Civil Service Commission together with all other supporting papers. All resignations from office shall be submitted to the Supreme Court. RULE 2 Jurisdiction and Powers of the Court SECTION 1 . Exercise of Powers and Functions . The Court of Appeals shall exercise its adjudicatory powers, functions, and duties through seventeen (17) Divisions. It sits en banc for the exercise of administrative, ceremonial and non-adjudicatory functions. SECTION 2 . Matters Cognizable by the Court En Banc . The Court shall sit en banc to: a. Promulgate rules or orders relative to the organization or reorganization of the Divisions of the Court and assignment of the Justices, distribution of cases, and other matters concerning the operation and management of the Court and/or its Divisions. b. Recommend to the Supreme Court the appointment of the Clerk of Court, Assistant Clerk of Court, Division Clerks of Court and Court Reporter. c. Act on administrative matters, such as the regrouping, merger, or abolition of existing offices, units or service, create new ones, or transfer the. functions of one office, unit or services to another as the exigencies of the service may require. d. Receive foreign and local dignitaries, important guests and visitors, honor a colleague or retiring member of the Court, hold necrological services for its members who died in office, and honor a retired member who died after retirement. e. Adopt uniform administrative measure, 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. f Discuss and thresh out divergent views on any particular question of law so as to reach a consensus thereon or to minimize if not completely avoid conflict of decisions of the different Divisions of the Court on the interpretation and application of any question or provisions of law. g. Take up other administrative matters which the Presiding Justice or any member may suggest for consideration and inclusion in its agenda. SECTION 3 . Jurisdiction and Manner of Exercise of Adjudicatory Powers of the Court by Divisions . In the exercise and discharge of the adjudicatory powers, functions and duties of the Court, the Divisions concerned may hold sessions in chambers with or without the parties and/or counsel. Unless otherwise provided by law or the Rules of Court, the Court shall have: a. Original jurisdiction to issue writs of mandamus , prohibition, certiorari , habeas corpus , and quo warranto , and other ancillary writs processes whether or not in aid of its appellate jurisdiction; b. Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts; c. Exclusive appellate jurisdiction over all other final judgments, decisions, resolutions, orders, or awards of Regional Trial Courts and quasi-judicial agencies, boards, or commissions, not falling within the exclusive jurisdiction of the Supreme Court or other tribunals; CEDScA d. Authority to receive evidence and perform any and all acts necessary or the resolution of factual issues raised in cases falling within its original jurisdiction; e. Authority to receive newly discovered evidence relied upon by movant in cases within its appellate jurisdiction wherein new trial on the ground of newly-discovered evidence has been granted by the Court; f. Subject to the provisions of the Internal Rules, the power to: (1) Decide cases or resolve incidents therein deliberated upon by its members; (2) Cite and punish for contempt any person guilty of any contumacious act against the Court, its Division or individual member in connection with a case cognizable by the Division; (3) Decide whether or not to give due course to original petitions, including petitions for review; (4) Subject to constitutional and statutory requirements, adopt its own rules in the conduct of hearings, preparation of agenda, determination of cases and incidents and rendition of decision or resolutions; g. The Justice to whom the case is assigned shall study and submit report thereof to his Division for consultation and speedy disposition. RULE 3 Filing, Raffle, Assignment, Consolidation, and Disposition of Interlocutory Matters SECTION 1 . Case Control . The members of the Court shall supervise and control the various stages through which cases pass from the time they are filed up to the time they are remanded to. the courts or agencies of origin to insure their speedy disposition. SECTION 2 . Form . Pleadings, motions and other papers shall conform with the provisions of the Rules of Court as to caption, signature, numbers, dates and places of issue of receipts for payment of privilege tax and IBP annual, dues, and other matters of form, except that motions shall not contain a notice of hearing thereof. However, proof of service of such pleadings, motions, and other papers on the adverse party or parties is necessary and must be shown therein. Pleadings, motions and other papers shall not be received for filing unless they conform with the above provisions. cTDaEH Motions for extension of time should state the expiry date of the period sought to be extended, otherwise they shall be denied. SECTION 3 . Mode of Filing . Pleadings, motions and other papers shall be filed with the Receiving Section of the Court and not directly with the Justices or Division Clerk of Court. a. The filing of pleadings, motions and other papers with the Court may be done either by personal delivery or by registered mail. b. If the filing is made by personal delivery, the Receiving Section shall promptly and legibly stamp on the face of the first page of the pleading the exact date and hour it was received and filed. c. If the filing is by registered mail, the date of mailing stamped by the post office of origin, shall be considered as the date of filing. The envelope (or a portion thereof showing the date of mailing and registry stamp) containing the pleading, motion and other papers shall be attached to the rollo. The date of actual receipt of the Court shall also be legibly stamped or indicated on the first page or the pleading. d. When a petition does not have the complete annexes or the required number of copies, the Chief of the Judicial Records Division shall require the petitioner to complete the annexes or file the necessary number of copies of the petition before docketing the case. Pleadings improperly filed in court shall be returned to the sender by the Chief of the Judicial Records Division. SECTION 4 . Other Modes of Filing . Pleadings, motions and other papers sent by ordinary mail, by private messengerial services, or by any mode other than personal delivery or registered mail, shall be deemed filed only on the date and time they are actually received by the Court. The date and time of actual receipt shall be stamped and signed by the receiving clerk. SECTION 5 . Raffle of Cases . Assignment of cases to a particular Justice shall be done by strict raffle, whether it be the first raffle for completion of records or the second raffle for study and report. a. All cases for completion of records shall be raffled to individual Justices. b. All raffled appealed cases, the records of which have been completed and submitted for decision, shall be re-raffled for assignment to a Justice for study and report. IcDESA Cases shall be deemed submitted for decision, as follows: (1) In appeals in civil and criminal cases . When the respective briefs of the parties have all been filed or the period for filing of the appellee's brief and reply brief has already expired or where there is a resolution issued to that effect. This also applies to appeals from administrative tribunals. (2) In appeals in agrarian cases . Upon the submission of the respective memoranda of the parties or upon the expiration of the period fixed by law. For the purpose, the Judicial Records Division shall submit a list of cases submitted for decision to the Raffle Committee Staff. c. Original petitions and petitions for review from decisions of the Regional Trial Courts shall remain with the Justice to whom they have been raffled for decision or resolution. d. When a Justice to whom a case is raffled cannot for any cause or reason act on the same, the case shall be re-raffled. SECTION 6 . Procedure . The raffle of cases shall be conducted daily at 10:30 A.M. a. The raffle of cases referred to in Section 5, Paragraph a shall be open to the public. The raffle of cases referred to in Section 5, Paragraph b and c shall be strictly confidential. b. The raffle shall be conducted by the Raffle Committee chosen for the day. The Raffle Committee for the following day shall be chosen also by raffle by the Raffle Committee for the day. c. To assure equality in the number of cases of the same nature assigned to each Justice, separate listing shall be made of case falling under the following categories: 1) appealed civil cases, 2) appealed criminal cases, 3) appealed cases from quasi-judicial bodies, 4) original actions including petitions for review, 5) agrarian cases, 6) cases needing additional Justice, to constitute a Division of Five, and 7) cases needing the temporary designation of Justices to fill vacancies in a Division; created by a member's disqualification or inhibition, or cessation from office. d. All request for substitution and/or notices of inhibition shall be attached to the rollo of the case and paged accordingly. DHESca e. No special raffle shall be conducted unless there is an urgent necessity therefor to be determined by the Presiding Justice. If a request for a special raffle is granted, it shall be conducted by any member of the Raffle Committee for the day if still present, otherwise the Presiding Justice may assign another Justice to do so. No special raffle shall be conducted after office hours. f. The Raffle Staff shall furnish the Justice with the Results of the raffle. g. No case record shall be released by the Judicial Records Division except to a Justice upon his written request and with the conformity of the Justice to whom the case is assigned. h. Whenever a Justice goes on leave, he shall be exempted from the raffle of all cases. i Three (3) months before his retirement, a Justice shall be exempt from the assignment of cases. SECTION 7 . Consolidation of Cases . Whenever two or more allied cases are assigned to different Justices they may be consolidated for study and report to a single Justice. a. At the instance of any party or Justice to whom the case is assigned for study and report, and with the conformity of all the Justices concerned, the consolidation may be allowed when the cases to be consolidated involve the same parties and/or related questions of fact and/or law. b. Consolidated cases shall pertain: (1) To the Justice to whom the case with the lowest docket number had been assigned, if they are of the same kind; (2) To the Justice to whom the criminal case with the lowest docket number had been assigned, if one or more of the cases are criminal and the other or others are civil or special; (3) To the Justice to whom the civil case is assigned or to the Justice to whom the civil case with the lowest docket number had been assigned, if the cases involved are purely civil and special cases. c. The Justice to whom the consolidated cases are assigned may transfer to the Justice from whom the consolidated case or cases have been taken, a case or cases of his own in exchange for those assigned to him. The case given in exchange should be as much as possible of the same kind and have the same status as the one being replaced. Notice of the consolidation and replacement shall be given to the Raffle Staff and the Judicial Records Divisions. CDESIA SECTION 8 . Action by Division Clerks of Cou r t . The Division Clerks of Court may dispose of the following petitions or motions without agenda and by minute resolution, upon written authority of the Chairman, to wit: a. To grant extensions of time to file briefs which shall not exceed a total of ninety (90) days for both the appellant and the appellee, and reply brief which shall not exceed a total of twenty (20) days; b. To grant extensions of time to file answer, comment, reply, opposition, memoranda, when allowed by law, which shall not exceed a total of thirty (30) days; c. To grant permission to litigate as pauper in the appropriate cases; d. To grant leave to correct typographical errors in briefs, pleadings, petitions, motions and other papers; e. To require service of copies of briefs, pleadings, motions or other papers upon the adverse parties and proof of service of briefs, pleadings, motions, and other papers; f. To appoint counsel de officio by rotation, unless otherwise directed by the Court, in accordance with Rule 124 of the Rules of Court, in criminal cases where the accused is confined in prison without counsel de parte on appeal and who has signed the notice of appeal himself or where the accused is not confined in prison but requests, within ten (10) days from receipt of notice to file appellant's brief, to be defended de officio and his request is supported by an affidavit of poverty; g. To inform the party to comply with Rule 45 of the Rules of Court when notice of appeal of the decision of this Court to the Supreme Court has been improperly filed in his Court; h. To declare, and notify the parties, that their case has been submitted for decision after the filing of, or expiration of the period to file, the appellee's brief or the reply brief; Provided, That there is proof in the record that the adverse party has been served with the required number of copies of the appellant's brief or the appellee's brief; i. To enter judgment upon the finality of the decision or resolution; j. To require the parties to submit the required number of copies of their pleadings; and k. To act on any other matters assigned to them by the Division or Chairman. SECTION 9 . Action by a Justice . The following may be considered and acted upon by the Justice to whom the case is assigned for study and report; a. Motions for bail in appealed criminal cases; b. Motions or petitions for the issuance of a writ of preliminary injunction, restraining order, and other auxiliary writs; c. Motions or petitions for extension of time to file petitions for review; d. Motions or petitions for extension of time to file briefs, answers, replies, comments, oppositions, memoranda, and motions for reconsideration of the disposition thereof; and e. Motions or petitions to set a case for hearing or oral arguments. SECTION 10 . Absence of the Justice Assigned to Study and Report . When the Justice to whom the case is assigned for study and report is absent, the motions and incidents enumerated in the preceding section may be acted upon by the Chairman or by the other member of the Division to which that Justice belongs. If the members of the Division are all absent, any motion for the issuance of a restraining order shall be referred to the Presiding Justice for appropriate action. DHIETc All other matters not mentioned in the preceding section shall be cognizable by the Division. SECTION 11 . Action by the Division . The following shall be considered and acted upon by the Division: a. All matters not mentioned in the two preceding sections of this rule; b. Motions for reconsideration of the action taken by a Justice or a Division Clerk of Court. SECTION 12 . Procedure for Disposition of Pleadings, Motions, and Other Papers . All pleadings, motions, and other papers filed with the Receiving Section of the Judicial Records Division shall be entered in the docket book and shall be attached properly to the rollo of the case, paged consecutively, and thereafter forwarded to the Division Clerk of Court concerned within two (2) working days. a. If the pleading, motion, or other paper does not fall within the authority of the Division Clerk of Court to act upon, he shall cause an agendum thereof to be submitted to the Division concerned, within three (3) working days from the time the rollo, together with the pleading, motion, or other papers, was received in his office. b. The Division Clerk of Court shall state in the agendum the antecedents of the case which are necessary for the understanding of the matter, a synopsis of the motion or incident and of the opposition thereto, if any, the issues involved, and the recommendation or alternative recommendation with regard to the action which may be taken. RULE 4 Procedure in Appealed Civil Cases SECTION 1 . What Should be Transmitted . In appealed civil cases, the Clerk of the Regional Trial Court shall transmit to the Court of Appeals the entire original record (expediente) with all the pages prominently numbered consecutively with an index of the contents thereof; all the documentary evidence clearly marked and collected in a separate folder, numbered consecutively and properly indexed, including a separate list of the exhibits which by their nature cannot be included in the folder of exhibits but he must state where they are kept or deposited; the original and one (1) copy of the transcript of the stenographic notes prepared and arranged in accordance with Section 12 of Rule 41 3 of the Rules of Court duly certified by the stenographer or stenographers concerned and initialed on each and every page thereof; a certified copy of the decision or order appealed from; and a certified copy of the complete minutes of the proceedings arranged chronologically. HATICc SECTION 2 . Processing of Civil Cases . a. Upon receipt of the original record, whether by personal delivery or by mail; the Civil Cases Section of the Judicial Records Division shall immediately: (1) Check if all the required documents and papers enumerated in Section 1 of this Rule have been transmitted, prepare the corresponding rollo, docket the case and assign the corresponding CA-G.R. CV number; (2) Submit the case to the Raffle Staff for inclusion in the list of cases to be raffled; (3) Issue the proper notice to the counsel of the appellant if he has one or to the appellant himself if he has none to pay the docketing and other legal fees unless the appellant has been allowed to litigate as pauper; (4) Send a copy of the notice to the appellee; and (5) Issue a notice to file appellant's brief within forty-five (45) days from receipt of the notice. The notice shall require that a copy of the appealed decision or order be appended to the brief. ECaTDc b. If the record transmitted is incomplete, the Civil Cases Section shall issue the proper notice to the Clerk of the Regional Trial Court advising him thereof; the notice shall specify the missing portions of the record and require him to submit the same within thirty (30) days from notice. If the transcript of stenographic notes is incomplete, then the notice should be sent directly to the stenographer. A notice shall be issued to appellant's counsel with a warning that failure on his part to take the necessary steps to complete or correct the record and transcript within thirty (30) days from notice will result in the dismissal of his appeal. (1) If the incomplete record is filed by a messenger, the record shall be returned to him and he shall be furnished with notices mentioned in Section 2(b) of this rule. (2). If the incomplete records is received by mail, it shall be kept in the custody of the Civil Cases Section which shall issue the notices mentioned in Section 2(b) of this rule. SECTION 3 . Issuance of Notices . All notices, mentioned in this rule shall be issued in the name of the Clerk of Court and signed by the Chief of the Judicial Records Division. SECTION 4 . Form of Briefs . Briefs to be filed shall either be typewritten on good quality, unglazed paper, or mimeographed or printed on newsprint or mimeograph paper, 11 inches in length by 8- inches in width (commonly known, as letter size) or 13 inches in length by 8- inches in width (commonly known as legal size). There shall be a margin at the top and at the left-hand side of each page not less than 1- inches in width. The contents shall be written double-spaced and only one side of the page shall be used. Seven (7) legible copies of such brief shall be filed with the Court of Appeals and one (1) copy shall be served on each of the adverse parties. (As amended by S. Ct. Res., dated November 24, 1992). a. All copies of briefs, whenever printed, typewritten or mimeographed, shall be signed and dated. b. After the briefs have been filed or the periods for their filing have expired, the Judicial Records Division shall submit the case to the Division Clerk of Court with the appropriate report, who shall then submit it to the Justice to whom the case is assigned for study and report. RULE 5 Procedure in Appealed Criminal Cases SECTION 1 . What Should be Transmitted . In appealed criminal cases, the Clerk of the Regional Trial Court shall transmit to the Court of Appeals the entire original record (expediente) with all the pages prominently numbered consecutively with an index of the contents thereof; all the documentary evidence clearly marked and collected in a separate folder, numbered consecutively and properly indexed, including a separate list of such exhibits which by their nature cannot be included in the folder but he must state where they are kept or deposited; the original and one (1) copy of the transcript of the stenographic notes prepared and arranged in accordance with Section 12, of Rule 41 4 of the Rules of Court duly certified by the stenographer or stenographers concerned and initialed on each and every page thereof, a certified copy of, the Information; a certified copy of the decision of order appealed from; the bail bond or the order of commitment; and a certified copy of the complete minutes of the trial arranged chronologically. SECTION 2 . Processing of Criminal Cases . The original records of criminal cases shall be processed by the Criminal Cases Section in accordance with Section 2, Rule 4 of these Rules insofar as applicable and assign the corresponding CA-G.R. CR Number. SECTION 3 . Docketing and Other Legal Fees . No payment of docketing and other legal fees shall be required in criminal cases except in petitions for review of criminal cases and appeals from confiscation or forfeitures of bail bond. aIETCA SECTION 4 . Counsel de Officio . If it appears from the record of the case as transmitted that the accused is confined in prison, without counsel, and has signed the notice of appeal himself or where the accused is not confined in prison but requests, within ten (10) days from receipt of notice to file his brief, to be defended de officio and his request is supported by an affidavit of poverty, the Division Clerk of Court concerned, after consultation with the Judicial Records Division, shall designate by rotation a member of the Bar holding office in Metropolitan Manila to defend him, unless otherwise directed by the Court in accordance with Section 2, Rule 124 of the 1985 Rules on Criminal Procedure. SECTION 5 . Form of Briefs . In appealed criminal cases, the provisions of Section 7 of Rule 124 of the Rules on Criminal Procedure in relation to Sections 16 and 17 of Rule 46 5 of the Revised Rules of Court shall be followed. SECTION 6 . Issuance of Notices. All notices shall be issued in the name of the Clerk of Court and signed by the Chief of the Judicial Records Division. SECTION 7 . Appeals from Confiscation of Bail Bonds . 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 and the case shall be recaptioned "Republic of the Philippines, plaintiff-appellee, versus (the bondsman/surety), defendant-appellant." RULE 6 Procedure in Special Cases SECTION 1 . Annulment of Judgments . A verified petition for annulment of judgment or final order of a Regional Trial Court shall state the ultimate facts and circumstances constituting the ground for the action for annulment with a prayer that the judgment or final order be declared null and void. The Regional Trial Court which rendered the disputed judgment or final order shall be impleaded as nominal respondent. The petition shall be in seven (7) legible copies and (1) one copy thereof shall be served on each of the adverse parties. (As amended by S. Ct. Res., dated November 24, 1992) a. Accompanying Papers and Documents . To the verified petition must be attached a certified true copy of the judgment or final order sought to be annulled, an affidavit of merit supporting the cause of action, and true copies of pleadings and other documents as may be pertinent and relevant thereto. b. Processing of Petition . Upon the filing of the petition, the Special Cases Section shall: (1) Charge the petitioner' the corresponding docketing and other legal fees, unless the petitioner, is exempt therefrom: Provided , That if the docketing and other legal fees are not remitted upon the filing of the petition, the petitioner may be granted an unextendible period of five (5) days from notice within which to pay or remit them; (2) Prepare the rollo, record the case in the docket book for special cases and assign the corresponding CA-G.R. SP number; IcESDA (3) Forward the roll to the Raffle Staff for assignment to a Justice for study and report. c. Judicial Action . Upon receipt of the roll, the Division Clerk of Court shall furnish the members of the Division with copies of the petition. If the Petition is sufficient in form and substance, it shall be given due course and the private respondent shall be directed to file his comment or answer within ten (10) days from receipt of the copy of the petition, otherwise the petition shall be heard ex parte . The public respondent shall also be served with a copy of the petition so that he may file an answer or comment. If the petition is not sufficient in form and substance, it shall be denied due course outright. (1) After the issues shall have been joined, the parties and their counsel may be required to appear for a Preliminary Conference in accordance with Sections 1 and 4 of Rule 20 6 of the Rules of Court. (2) If it appears after the conference that there is need for reception of evidence, the Division to which the Justice assigned to study and report on the case belongs shall conduct the hearing. (3) Upon motion of the parties, the Division may order any of the issues to be referred to a Commissioner in accordance with Rule 33 7 of the Rules of Court. SECTION 2 . Special Civil Action . Original verified petitions for certiorari prohibition, mandamus, habeas corpus, quo warranto and other writs may be filed in the Court of Appeals. Except in cases involving execution of judgment pending appeal, the verification of petitions for certiorari , prohibition, mandamus , habeas corpus , quo warranto and other writs shall include a certification that no other similar petition involving the same subject matter has been previously filed, withdrawn or dismissed in the Supreme Court or in the Court of Appeals. a. What Should be Filed . The petition shall be filed in seven (7) legible copies and a copy thereof shall be served on each of the respondents, and must be accompanied by a certified true copy of the decision or order complained of and true copies of the pleadings and other pertinent documents and papers. (As amended by S. Ct. Res., dated November 24, 1992) AHTICD b. Processing of Petition . The provisions of Section 1(b) of this rule shall apply to petitions in special civil actions. c. Judicial Action . The Court may either deny due course or dismiss the petition outright, or require the private respondent or respondents to comment on the petition, or give due course thereto. (1) If the petition is denied due course or dismissed outright, the reasons for such dismissal shall be stated in a resolution. If the resolution is reconsidered, the subsequent disposition shall be embodied in an amended resolution. (As amended by S. Ct. Res., October 20, 1988) (2) The Court may, without giving due course to the petition, require the private respondent to comment within ten (10) days from notice. (3) If the petition is given due course, the private respondent shall be required to answer the petition within ten (10) days from receipt of notice which shall be served on the respondent either by personal service when he is easily accessible or otherwise by registered mail and to serve a copy of his answer on the petitioner. The public respondent shall be served a copy of the petition but need not file an answer unless so required by the Court. (4) After the expiration of the period for filing the answer or the reply, the case shall be deemed submitted for resolution. (As amended by: S. Ct. Res., October 20, 1988). (5) If it appears that there is need for reception of evidence, the Division to which the Justice to whom the case is assigned for study and report belongs shall conduct the hearing. The Division shall have the power to perform any acts necessary to resolve the factual issues raised in the case. SECTION 3 . Petitions for Review . Within the period to appeal, the petitioner shall file a verified petition in seven (7) legible copies and (1) one copy thereof shall be served on each of the respondents. Upon proper motion presented before the expiration of the original reglementary period, the Court may grant a non-extendible additional period of fifteen (15) days save in exceptionally meritorious cases within which to file the petition for review; Provided, however, that should there be no petition filed within the extended period, the case shall be dismissed. A petition filed after the period shall be denied due course outright. The Regional Trial Court shall be furnished a copy of the resolution to this effect. (As amended by S. Ct. Res., dated November 24, 1992) cIHDaE a. Contents . The petition shall: (1) state the material dates showing that it is filed on time, and (2) set forth concisely the matters involved and the grounds for the petition specifying the errors of fact or law, or both, allegedly, committed by the Regional Trial Court. The petition shall comply with the requirement for an appellant's brief. b. What Should be Filed . The petition shall be accompanied by a certified true copy of the disputed decisions, judgments, or orders, of the lower courts, together with true copies of the pleadings and other material portions of the record as would support the allegations of the petition. c. Processing of Petition . The provisions of Section 1(b) of this rule shall apply to petitions for review. d. Judicial Action . The Court may dismiss the petition, or require the private respondent to comment on the petition, or give it due course. (1) If the petition is not prima facie sufficient in form and substance, the Court may dismiss it outright stating the reasons therefor. If instead of a petition for review, the appellant perfects his appeal pursuant to Rule 41 of the Rules of Court, it shall nevertheless be dismissed even if the Regional Trial Court had given it due course. SEACTH (2) The Court may, without giving due course to the petition, require, the private respondents to comment within ten (10) days from notice. (3) If the petition is prima facie meritorious, the Court shall give it due course and the petitioner shall be required to deposit the cost and other legal fees within five (5) days from notice, otherwise the petition shall be dismissed. (4) After the petitioner has paid the deposit for costs and other, legal fees, the private respondent shall be required to answer the petition within ten (10) days from notice. No extension of time for filing the answer shall be granted for a period longer then fifteen (15) days. The notice shall be served on the private respondent either by personal service when he is easily accessible or otherwise by registered mail. The public respondent shall be served with a copy of the petition but need not file an answer unless so required by the Court. (5) The Court may order the Clerk of the Regional Trial Court to elevate the original record of the case including the documentary evidence and transcript of stenographic notes to the Court within ten (10) days from notice. aIcHSC (6) The answer of the respondent shall be filed in seven (7) legible copies and shall be accompanied with true copies of such material portions of the record referred to therein together with other supporting papers, serving a copy thereof on the petitioner. The answer shall comply with the requirements for an appellee's brief. (As amended by S. Ct. Res., dated Nov. 24, 1992) (7) After the answer has been filed, the petitioner may file a reply thereto within five (5) days from receipt of the answer, after which or upon the expiration of the period without an answer or reply being filed the Court may consider the case submitted for decision, unless the Court requires the parties to submit simultaneous memoranda, or sets the case for oral argument. SECTION 4 . Appeals in Agrarian Cases . An appeal; may be taken to the Court of Appeals by giving an oral or written notice of appeal in the trial court within the period of fifteen (15) days from notice of the decision or order. a. The Clerk of the trial court shall elevate to this Court the complete records of the case within a non-extendible period of fifteen (15) days from receipt of the notice of appeal. b. Upon receipt of the complete records, the Judicial Records Division shall prepare the rollo, record the case in the docket book for special cases and assign the corresponding CA-G.R. SP Number. The rollo with the complete record shall be forwarded to the Raffle Staff for assignment to Justice for study and report. c Unless the appellant has been authorized to litigate as pauper, the Judicial Records Division shall immediately send a notice to his counsel or to the appellant himself if not represented by counsel requiring payment of the docketing and other legal fees within fifteen (15) days from receipt thereof. In case the appellant is a laborer, or employee, agricultural lessee or tenant, he may file a verified motion setting forth said fact and praying that he be exempted from payment of docketing and other legal fees and the deposit for costs. If the court denies the motion, the appellant shall pay the docketing and other legal fees within fifteen (15) days from notice of the denial otherwise the appeal shall be dismissed. (As amended by Item No. 7 of S. Ct. Circular No. 1-91 dated February, 27, 1991) d. No motion for reconsideration or rehearing shall be allowed. SECTION 5 . Appeals in Special Civil Actions Originating from Regional Trial Courts . (As amended per S. Ct. Circular No. 22-92 dated April 1, 1992). In cases of certiorari , prohibition, mandamus , quo warranto and habeas corpus , 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. cHaCAS The failure of the petitioner to comply with this Rule may be a ground for dismissal of the appeal. SECTION 6 . Appeal from Administrative, Tribunals or Quasi-Judicial Agencies . (As amended per Circular No. 1-91 dated February 27, 1991). 8 1. Scope . These rules shall apply to appeals from final orders or decisions of the Court of Tax Appeals. They shall also apply to appeals from final orders or decisions of any quasi-judicial agency from which an appeal is now allowed by statute to the Court of Appeals or the Supreme Court. Among these agencies are the Securities and Exchange Commission, Land Registration Authority, Social Security Commission, Civil Aeronautics Board, Bureau of Patents, Trademarks and Technology Transfer, National Electrification Administration, Energy Regulatory Board, National Telecommunications Commission, Secretary of Agrarian Reform and Special Agrarian Courts under RA 6657, Government Service Insurance System, Employees Compensation Commission, Agricultural Inventions Board, Insurance Commission and Philippine Atomic Energy Commission. 2. Cases not covered . These rules shall not apply to decisions and interlocutory orders of the National Labor Relations Commission or the Secretary of Labor and Employment under the Labor Code of the Philippines, the Central Board of Assessment Appeals, and other quasi-judicial agencies from which no appeal to the courts is prescribed or allowed by statute. 3. Who may appeal and where to appeal . The appeal of a party affected by a final order, decision, or judgment of the Court of Tax Appeals or of a quasi-judicial agency shall be taken to the Court of Appeals within the period and in the manner herein provided, whether the appeal involves questions of fact or of law or mixed questions of fact and law. From final judgments or decisions of the Court of Appeals, the aggrieved party may appeal by certiorari to the Supreme Court as provided in Rule 40 of the Rules of Court. 4. Period of appeal . The appeal shall be taken within fifteen (15) days from notice of the ruling, award, order, decision, or judgment or from the date of its last publication, if publication is required by law for its effectivity. One (1) motion for reconsideration of said ruling, award, order, decision, or judgment may be allowed; if the motion is denied, the movant may appeal during the remaining period for appeal reckoned from notice of the resolution of denial. 5. How appeal taken . Appeal shall be taken by filing a verified petition for review in seven (7) legible copies; with the Court of Appeals, a copy of which shall be served on the adverse party and on the court or agency a quo . Proof of service of the petition on the adverse party and on the court or agency a quo shall be attached to the petition. (As amended by S. Ct. Res., dated November 24, 1992) 6. Contents of petition . The petition for review shall contain a concise statement of the facts and issues involved and the grounds relied upon for the review, and shall be accompanied by a duplicate original or a certified true copy of the ruling, award order, decision or judgment appealed from, together with certified true copies of such material portions of the record as are referred to therein and other supporting papers. The petition shall state the specific material dates showing that it was filed within the period fixed herein. 7. Docketing and other fees; exemption therefrom . Upon filing the petition for review, the petitioner shall pay to the clerk of the Court of Appeals the docketing and other prescribed fees. In case the appellant is laborer, or employee, agricultural lessee or tenant, he may file a verified motion setting forth said fact and praying that he be exempted from payment of docketing and other legal fees and the deposit for costs. If the court denies the motion, the appellant shall pay the docketing and other legal fees within fifteen (15) days from notice of the denial, otherwise the appeal shall be dismissed. cSATDC 8. When petition given due course . The Court of Appeals shall give due course to the petition only when it shows prima facie that the court, commission, board, office or agency concerned has committed errors of fact or law that would warrant reversal or modification of the order, ruling or decision sought to be reviewed. The findings of fact of the court, commission, board, office or agency concerned when supported by substantial evidence shall be final. 9. Deposit for costs . If the petition is given due course, the petitioner shall deposit with the Court of Appeals the sum of four hundred pesos (P400.00) for costs within three (3) days from notice by the clerk of court, unless a different period is fixed by the court. Upon failure of petitioner to take the deposit within the said period, the petition shall be dismissed. cASEDC 10. Answer of respondent . Within ten (10) days from notice that the petition has been given due course, the respondent may file an answer to the petition. The answer shall be filed in seven (7) legible copies and accompanied by certified true copies of such material portions of the record referred to therein together with other supporting papers. The answer shall (a) point out insufficiencies or inaccuracies in the petitioner's statement of facts and issues; and (b) state the reasons why the petition should be denied or dismissed. Copy thereof shall be served on the petitioner. If no answer is filed, the Court of Appeals shall render judgment on the basis of the petition. (As amended by S. Ct. Res., dated November 24, 1992) 11. Transmittal of Record . Within fifteen (15) days from notice that the petition has been given due course, the court, commission, board, office or agency concerned shall transmit to the Court of Appeals the original or a certified copy of the entire record of the proceeding under review. The record to be transmitted may be abridged by agreement of all parties to the proceeding. The. Court of Appeals may require or permit subsequent correction or addition to the record. 12. Effect of Appeal . The appeal shall not stay the order, ruling or decision sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just. (Rules 43, 44) 13. Submission for decision . The case shall be deemed submitted for decision upon the filling of the answer or expiration of the period to do so, unless the Court of Appeals sets the case for oral argument, or requires the parties to submit memoranda. RULE 7 Preliminary Conference SECTION 1 . Preliminary Conference . At any time before deciding a case, the Division concerned may call the parties and their counsel to a preliminary conference: a. To consider the possibility of an amicable settlement except when the case is not allowed by law to be the subject of compromise; b. To define, simplify and clarify the issues for determination; c. To formulate stipulations of facts and admissions of documentary exhibits, limit the number of witnesses to be presented in cases falling within the original jurisdiction of the Court or its appellate. jurisdiction, where a motion for new trial is granted on the ground of newly discovered evidence; d. To take up such other matters which may aid the Court in the prompt disposition of the case. SCADIT SECTION 2 . Record of the Conference . The proceedings at such conference shall be recorded. Upon the conclusion thereof, a resolution shall issue embodying all the action taken thereat, stipulations and admissions made, and the issues defined. SECTION 3 . Binding Effect of the Results of the Conference . Except in criminal cases and subject to such modification which may be made to prevent manifest injustice, the resolution referred to in the pr[ece]ding section shall control all subsequent proceedings in the case unless within five (5) days from notice any party can satisfactorily show cause why the same should not be followed. RULE 8 The Process of Adjudication SECTION 1 . Oral Argument . The necessity or propriety of oral argument shall be determined by the Justice assigned to study and report on the case and the oral argument shall be confined to those matters which he may specify. However, in lieu of oral arguments, said Justice may allow the parties to file their respective memoranda within fifteen (15) days from notice. SECTION 2 . Justices Who May Participate in the Adjudication of Cases . Every case assigned to a Justice for study and report, whether an appealed case or an original petition, shall be retained by him irrespective of his transfer to other Divisions. The determination of the two other Justices who will participate in rendering a decision in any case shall be in accordance with the following rules: a. In ordinary appealed cases, whether civil or criminal, the two other Justices who will act on the case with the said Justice are the regular members of the Division to which the latter belongs, or their replacement in case of disqualification or vacancy. b. If the Justice assigned to study and report on an appealed case is disqualified therefrom or has ceased to be a member of the Court before the decision thereon is promulgated, the case shall be re-raffled to another Justice who, together with the other two Justices of the Division to which he belongs, shall consider anew the case. The Justice to whom the case is re-raffled authorized to transfer to the inhibiting Justice one of his cases of the same nature in replacement of the one re-raffled to him. c. If the case is an original petition (including a petition for review), the said case shall remain with the Justice to whom the same had been assigned for study and report and the other Justices who gave due course to the same, or dismissed it outright, regardless of whether the said two other Justices have been re-assigned to other Divisions, or to their replacement in case of disqualification or cessation from, office as members of the Court. The division that shall subsequently act on the case shall be identified as the former division that gave due course to it. However, if all the Justices of the division that gave due course to the case have ceased to be members of the Court the case shall be raffled to another justice. d. If the case is a special civil action and the Justice to whom the case is assigned for study and report is disqualified or has ceased to be a member of the Court: (1) Before his Division has given due course to the case, the same shall be re-raffled to another Justice for study and report and shall then be considered by the latter's Division. The Justice who received the re-raffled case shall replace it with another case of the same nature. (2) After the case had been given due course by his Division, the case shall be re-raffled to any of the remaining members who gave it due course. The Raffle Staff shall choose by raffle a third member to complete the Division. The Justice who received the re-raffled case shall replace it with another case of the same nature. When a report is submitted for consultation and decision and in case of disagreement among members of the Division, the rules set forth in Section 4 hereof shall be observed. (As amended by S. Ct. Res., May 25, 1993) SECTION 3 . 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 restraining orders, or writs of injunction or execution pending appeal, or other auxiliary writs have been issued; (2) Those which pose prejudicial question; and (3) Those which have been pending for a long time from their inception in the lower court. 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) Those which have been pending for a long time from their inception in the lower court. c. In Special Cases (1) Habeas corpus cases; (2) Agrarian cases; (3) Original petitions; and (4) Cases which have been pending for along time from their inception in the lower court. SECTION 4 . Study and Report on the Case . When a case is submitted for decision, the Justice to whom it was assigned by raffle shall prepare a study thereof and thereafter make a report to his Division for consultation and decision. Should the two other members of the Division agree with the report, the said Justice shall be the ponente. In case of disagreement: a) The dissenting Justice shall write his dissent which shall be attached to the report for further deliberation by the Division. Thereafter, the Chairman shall in writing ask the Raffle Committee to designate by raffle two additional members of the Court to form a Division of Five. (As amended by S. Ct. Res., May 25, 1993) b) After a Member of the Division has expressed in any manner his dissent, the Division or the Special Division, as the case may be, as thus constituted, shall retain the case until the case is disposed of despite changes in membership of the Division caused by reorganization. (As amended by S. Ct. Res., May 25, 1993) After due consultation among the members of the Special Division of Five, the first proponent of the majority opinion shall be the ponente, unless the majority decides otherwise. Any member of the Division may write a separate concurring or dissenting opinion. Decisions and resolutions already prepared in final form and signed by the ponente and circulated among the Members of his Division before January 1 may be signed and promulgated by the Members of that Division on or before January 15 of the succeeding year. If there is a dissenting opinion a special division of 5 shall be constituted without delay and shall continue to act on the decision regardless of the reorganization of the division. EaScHT SECTION 5 . Form of Decisions . Every adjudication on the merits shall be in the form of a decision which shall state clearly and distinctly the findings of facts and conclusions of law on which it is based. The subsequent action of the Division modifying or reversing its decision shall be denominated "Amended Decision." Pursuant to Article VIII, Section 13 of the Philippine Constitution, every decision of the Court shall accompanied by an attestation of the Chairman of the Division that rendered it in the following form: Attestation I hereby attest that this decision was reached after due consultation among the members of this Division members in accordance with the provisions of Section 13, Article VIII of the Constitution. A decision or final resolution rendered after the lapse of the 12-month period fixed in Section 15, Article VIII and Section 14, Article XVIII of the Constitution shall contain a certification of the ponente stating why said decision or resolution had not been rendered or issued within the reglementary period. If a Chairman inhibits from a case, he shall ask the Raffle Staff to designate by raffle another Justice as replacement and the senior member, shall sign the attestation as acting Chairman of that Division. SECTION 6 . Resolutions . The denial of a motion for reconsideration and any disposition other than on the merits shall be embodied in a resolution. SECTION 7 . Number of Copies and Distribution . Decisions and final resolutions (dismissals other than on the merits and denials of motions for reconsideration of decisions) of the Court shall be prepared in seven (7) copies to be distributed as follows: 1) original copy plus two copies to the Court Reporter, 2) one copy to be attached to the rollo, 3) one copy to the ponente, 4) one copy to the Information & Statistical Data Division, and 5) one copy to the Archives Section. In addition, a sufficient number of copies shall be prepared for the counsel in the case. Interlocutory resolutions shall be prepared in three (3) copies to be distributed as follows: 1) Original copy to the Court Reporter, 2) one copy to be attached to the rollo, and 3) one copy to the Information & Statistical Data Division. In addition, enough copies shall be prepared for the counsel in the case. SECTION 8 . Promulgation or Decisions and Final Resolutions . The promulgation of decisions and final resolutions shall be the direct responsibility of the Division Clerk Court. a. The decision or final resolution shall be promulgated by filing the same with the Division Clerk of Court who shall on the same day annotate the date and time of the promulgation and attest it by his signature on the first page thereof. SDHAcI b. The Division Clerk of Court shall record in the Promulgation Book the date and time of promulgation, the CA-G.R. Number, the title of the case, the ponente , the nature of the document (whether decision or final resolution), and the action taken by the Division. The Division Clerk of Court shall maintain and keep the Promulgation Book in his care and custody. c Within twenty-four (24) hours from the promulgation of a decision or final resolution, the Division Clerk of Court shall send notices and copies of the decision or final resolution in sealed envelopes to the parties through their counsel by registered mail only. However, a decision of acquittal in a criminal cases where the accused is detained shall also served personally on the Director of Prisons or Provincial Warden concerned or whoever has official custody of the accused whenever practicable. d. Immediately after a decision or final resolution has been promulgated, the Division Clerk of Court shall forward the original and two copies thereof to the Court Reporter and a copy to the Information & Statistical Data Division for recording copy which shall thereafter forward the same copy to the Judicial Records Division. SECTION 9 . Entry in the Docket Book . The Judicial Records Division shall record the decision or final resolution in the Docket Book and forward said copy to the Information and Statistical Data Division for recording. The resolution certifying a case to the Supreme Court shall be forwarded to the Supreme Court by the Judicial Records Division together with the rollo and the complete record. SECTION 10 . Disposition of Records . The records of the case, together with the copies of the decision or final resolution shall be sent by the Division Clerk of Court to the Archives Section for custody pending remand to the court of origin, quasi-judicial agency concerned, or elevation to the Supreme Court as the case may be. RULE 9 Motion for Reconsideration SECTION 1 . Contents . A motion for reconsideration shall: 1) state the material dates showing that it is filed on time, and 2) set forth the ground therefor. A motion for reconsideration without any showing on its face that it was filed on time may be denied outright. DHACES SECTION 2 . Time for Filing . The motion for reconsideration shall be filed within fifteen (15) days from notice of the decision or resolution and a copy thereof shall be served on the adverse party. The period for filing a motion for reconsideration is non-extendible. SECTION 3 . Second Motion for Reconsideration . No second or subsequent motion for reconsideration from the same for party shall be entertained. However, if the decision or resolution is reconsidered or substantially modified, the party adversely affected thereby, may in turn file a motion for reconsideration of the amended decision within fifteen (15) days from notice. SECTION 4 . Effect . A timely motion for reconsideration shall stay the decision or resolution. SECTION 5 . The Justices Who Shall Act on a Motion for Reconsideration . a. As a rule, motion for reconsideration of a decision or resolution shall be acted upon by the ponente and the other members of the Division whether special or regular, or whether a Division of three or five, who participated in. the rendition of the decision or resolution sought to be reconsidered, irrespective of whether such members are already in the other division at the time the motion for reconsideration is filed or acted upon. b. If the ponente is no longer a member of the Court or has disqualified or inhibited himself from acting on the motion, he shall be replaced by another Justice who shall be chosen by raffle from among the remaining members of the Division who participated in the rendition of the decision or resolution and the resulting vacancy or vacancies therein shall be filled by raffle from among the other members of the Court. If only one member of the Court who participated in the rendition of the decision or resolution remains, the motion shall be sent to him by the Raffle Committee and he shall act on the motion with the participation of the members of the Division to which he belongs. c. If the ponente and all the members of the Divisions that rendered the decision or resolution are no longer members of the Court, the case shall be raffled to any member of the Court and the motion shall be acted upon by him with the participation of the other members of the Division to which he belongs. SECTION 6 . Time for Resolving . A motion for reconsideration shall be resolved within ninety (90) days from the time it is submitted for resolution. SECTION 7 . Form of Disposition . If the decision is reconsidered, the subsequent disposition should be embodied in an amended decision. SECTION 8 . Effect of Filing an Appeal in the Supreme Court . No motion for reconsideration or rehearing shall be acted upon if the movant has already filed in the Supreme Court an appeal by certiorari or a motion for extension of time to file such petition. If such petition is subsequently filed, the motion for reconsideration pending in this Court shall be deemed abandoned. AHCETa RULE 10 New Trial SECTION 1 . Petition . A petition for new trial on the ground of newly discovered evidence may be filed in the Court of Appeals in connection with a case before it. The Court of Appeals shall have the power to receive such evidence or it may refer the case to the court of origin for the reception of said evidence. SECTION 2 . Requirements of Petition and Venue . The petition shall conform with Rule 37 of the Rules of Court in civil cases and with Rule 121 of the Rules of Court in criminal cases. RULE 11 Entry of Judgment and Remand of the Records SECTION 1 . Entry of Judgment . Unless a motion for reconsideration is filed or an appeal is taken to the Supreme Court, judgments and final resolutions of the Court of Appeals shall be entered upon the expiration of fifteen (15) days after notice to the parties. AEDcIH a. In criminal cases, when the accused-appellant is acquitted, unless the state or any of the parties may still appeal, files an application for probation, or withdraws his appeal, entry of judgment shall be made immediately. If the motion withdrawing an appeal is signed by the appellant only, the Court shall take steps to insure that the motion is made voluntarily, intelligently and knowingly or may require his counsel to comment. b. In civil cases, when an appeal is withdrawn, or a decision based on a compromise agreement is rendered, entry of judgment shall be made immediately. SECTION 2 . Entry of Judgment in Agrarian Cases . In agrarian cases, unless an appeal is taken on time, entry of judgment shall be made upon the expiration of thirty (30) days from notice to the parties. SECTION 3 . Form . Entry of judgment shall be made in the prescribed signed by the Division Clerk of Court concerned, who shall certify under the seal of the Court the specific date the Court rendered its decision or final resolution and the date the same became final and executory. The entry shall embody the dispositive portion of the decision or final resolution and shall indicate the date such entry of judgment is made. SECTION 4 . Disposition of Copies . The original copy of the entry of judgment shall forthwith be transmitted to the Chief of the Judicial Records Division who shall cause a copy to be attached to the rollo, furnishing copies of the same to the parties simultaneously with the remand of the records. He shall cause the entries of judgment to be bound according to division, arranged chronologically and properly 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 9 National Land Titles and Deeds Registration Administration. SECTION 5 . Duty of the Division Clerk of Court . After promulgation of the decision or final resolution it shall be the duty and responsibility of the Division Clerks of Court to see to it that the entry of judgment is made in due time without undue delay. SECTION 6 . Allowance for Delay of Mail in Making Entries of Judgment . In making entries of judgments, the Division Clerk of Court shall determine the finality of the decision making allowance for delay of mail, computed from the last day of the period of appeal from he decision or final resolution, as follows: forty-five (45) days, if the addressee is from Mindanao including Palawan; thirty (30) days, if the addressee is from the Visayas; twenty (20) days, if the addressee is from Luzon, except Metro Manila; and ten (10) days, if the addressee is from Metro Manila. SECTION 7 . Appeal to the Supreme Court . No entry of judgment shall be made by the Division Clerk of Court whenever a decision or final resolution is appealed to the Supreme Court. However, the decision or final resolution of the Supreme Court in the case, as well as its entry of judgment and letter of transmittal to the Court of Appeals shall be attached to the rollo. a. The Archives Section shall prepare a letter of transmittal to the court of origin remanding the original records together with a copy each of the decision or final resolution of this Court and of the Supreme Court, and the latter's entry of judgment and letter of transmittal to the Court of Appeals. b. When two or more appeals in the same case are taken to the Supreme Court, the Archives Section of the Court of Appeals shall retain the records until all appeals are resolved by the Supreme Court. After an appeal is resolved by the Supreme Court, the Archives Section of the Court of Appeals shall transmit to the court of origin a copy of the decision of this Court and of the Supreme Court with the latter's entry of judgment and a statement that the records are being retained in the Court of Appeals pending resolution of the other appeals. c. When there are several accused in the same case, some of whom appeal and others do not, the Division Clerk of Court shall make an entry of judgment as to those who do not appeal. The same rule shall apply where there are several accused in the same case some of whom withdraw, their appeal in this Court and others do not. DTaAHS SECTION 8 . Transmittal of Rollo and Records . After the entry of judgment, the Division Clerk of Court shall forward the rollo of the case to the Archives Section which shall send to the Mailing and Delivery Section within two (2) working days the original records of the case for eventual transmittal to the court of origin or quasi-judicial agency. The Mailing and Delivery Section shall remand the original, records of the case to the court of origin or quasi-judicial agency within two (2) working days. RULE 12 Miscellaneous Provisions SECTION 1 . Erroneous Transmittal of Records . If it clearly appear from the notice of appeal that the appellant has directed his appeal to another court, but the lower court has erroneously transmitted the records of the case to the Court of Appeals, the Chief of the Judicial Records Division shall refer the case to the Presiding Justice for proper disposition. (As amended by S. Ct. Res., November 3, 1988) SECTION 2 . Cases Erroneously Appealed to the Court of Appeals . The Court of Appeals shall not dismiss a case erroneously appealed to it but shall certify the case to the proper court with a specific and clear statement of the grounds therefor. SECTION 3 . Cases Referred by the Supreme Court . An appeal originally filed and docketed in the Supreme Court but subsequently referred to the Court of Appeals shall be entered in the docket book of this Court. SECTION 4 . Docketing Fees for Multiple Appellants . If two or more parties appeal in a single case, each party filing a notice of appeal shall pay the full amount of the docketing and other legal fees. SECTION 5 . Docketing Fees for Consolidated Cases . a. If a petition for review or an appeal from the Regional Trial Court, or quasi-judicial agency involves two or more cases consolidated and tried jointly, then the appellant shall pay as many docketing and other legal fees and make as many deposits for costs as the number of cases brought on appeal to the Court of Appeals. b. If an original petition or special civil action involves or refers to two or more cases consolidated and tried jointly, the petitioners shall pay one docketing fee only. SECTION 6 . Payment by Money Orders or Checks . Payments of docketing and other legal fees may be made by postal money order or by certified checks or manager's or cashier's drawn against a bank within Metropolitan Manila and made payable to the Court of Appeals, otherwise such payment will be returned. SECTION 7 . Schedule of Docketing and Other Legal Fees . The following are the schedule of docketing and other legal fees: a. Ordinary appeal in civil cases, special cases on appeal and cases Docketing Fee P400.00 Legal Research Fund 20.00 Total 420.00 b. Special Cases (1) Original Special Civil Actions (Certiorari; mandamus, etc. and original action-for annulment of judgment Docketing Fee P400.00 Legal Research Fund 20.00 Deposit for Sheriff's fee if there is a prayer for preliminary injunction or restraining order 150.00 Total P570.00 (2) Petition for Review Docketing Fee P400.00 Legal Research Fund 20.00 Deposit for Sheriff's fee if there is a prayer for preliminary injunction or restraining order 150.00 Deposit for costs if petition is given due course 81.00 Total P651.00 (3) Appeal from Quasi-Judicial Bodies Docketing Fee P400.00 Legal Research Fund 20.00 Deposit for Cost 400.00 Total P820.00 (4) Furnishing transcripts of the record or copies of any record, judgment or entry per page P3.00 (5) For each certificate not on process P20.00 (6) For every search for anything above a year's standing P4.00 (7) For commission on all cash deposit P1.00 to P4,000.00 2% plus on all sums not exceeding P4,000.00 upon all sums in excess of in excess of 4,000.00 and 5% on all sums in excess P40,000.00. Once paid the docketing fee shall not be refundable. The schedule of docketing and legal fees provided in Rule 141, as amended by the resolution en banc of the Supreme Court dated July 19, 1984, and subsequently amended by Supreme Court Administrative Circular No. 31-90 effective November 2, 1990, shall be followed. 10 SECTION 8 . Color Codes of Rollos . To facilitate identification of cases, the covers 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. Red for agrarian and habeas corpus cases; and e. Blue for all other special cases. SECTION 9 . Summer Sessions . Whenever the Court of Appeals holds summer sessions, the Presiding Justice shall prepare a schedule of sessions of the Divisions. SECTION 10 . Separability Clause . If the effectivity of any provision of the REVISED INTERNAL RULES OF THE COURT OF APPEALS is suspended or disapproved by the Supreme Court, the other provisions not affected shall remain in force. DSIaAE Unless otherwise provided for by existing rules, the Presiding Justice or any one acting in his place is hereby authorized to act on any matter not covered by these rules. SECTION 11 . Repealing Clause . Upon the effectivity of the REVISED INTERNAL RULES OF THE COURT OF APPEALS, all resolutions, orders, memoranda, and circulars which are inconsistent with these rules are hereby repealed. SECTION 12 . Effectivity Clause . Unless otherwise directed by the Supreme Court, these rules shall become effective fifteen (15) days after copies thereof shall have been submitted to the Supreme Court. EIDATc Footnotes 1. As of April 1994. 2. Per RA 8246, approved on December 30, 1996, there shall be sixty-nine (69) Court of Appeals Justices sitting in twenty-three (23) divisions of three (3) Justices each. 3. See Sec. 12, Rule 41, 1997 Revised Rules of Civil Procedure. 4. See Sec. 12, Rule 41, 1997 Revised Rules of Civil Procedure. 5. See Secs. 13 and 14, Rule 44, 1997 Revised Rules of Civil Procedure. 6. See Secs. 2 and 7, Rule 18, 1997 Revised Rules of Civil Procedure. 7. Refer to Rule 32, 1997 Revised Rules of Civil Procedure. 8. See Rule 43, 1997 Revised Rules of Civil Procedure. 9. Now, Land Registration Authority. 10. See further amendments per Resolution of the Supreme Court dated September 14, 1999 in A.M..No. 99-8-01-SC and A.M. No. 00-2-01-SC, effective March 1, 2000.