Amended Rules on Who Shall Resolve Motions for Reconsideration of Decisions or Signed Resolutions in Cases Assigned to the Divisions of the Court
The Amended Rules on who shall resolve motions for reconsideration in cases assigned to the Divisions of the Philippine Court, as established on November 17, 2009, supersede prior regulations from 2000. Under these rules, motions for reconsideration or clarification are to be acted upon by the Ponente and other participating Members of the Division, even if they are in different Divisions at the time of the motion. If a Ponente is disqualified, a new Ponente will be chosen by raffle from remaining members who concurred in the original Decision. The resolution requires at least three Members' concurrence for decisions and mandates that any vacancies in the Special Division be filled by raffle to ensure proper composition. These rules take effect upon publication in two newspapers of general circulation.
Quick Answers
- What is Amended Rules on Who Shall Resolve Motions for Reconsideration of Decisions or Signed Resolutions in Cases Assigned to the Divisions of the Court about?
- The Amended Rules on who shall resolve motions for reconsideration in cases assigned to the Divisions of the Philippine Court, as established on November 17, 2009, supersede prior regulations from 2000. Under these rules, motions for reconsideration or clarification are to be acted upon by the Ponente and other participating Members of the Division, even if they are in different Divisions at the time of the motion. If a Ponente is disqualified, a new Ponente will be chosen by raffle from remaining members who concurred in the original Decision. The resolution requires at least three Members' concurrence for decisions and mandates that any vacancies in the Special Division be filled by raffle to ensure proper composition. These rules take effect upon publication in two newspapers of general circulation.
- What type of law is <--!11172009-->A.M. No. 99-8-09-SC?
- Amended Rules on Who Shall Resolve Motions for Reconsideration of Decisions or Signed Resolutions in Cases Assigned to the Divisions of the Court (<--!11172009-->A.M. No. 99-8-09-SC) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Amended Rules on Who Shall Resolve Motions for Reconsideration of Decisions or Signed Resolutions in Cases Assigned to the Divisions of the Court enacted?
- Amended Rules on Who Shall Resolve Motions for Reconsideration of Decisions or Signed Resolutions in Cases Assigned to the Divisions of the Court (<--!11172009-->A.M. No. 99-8-09-SC) was enacted on Nov 17, 2009.
- What is the citation for Amended Rules on Who Shall Resolve Motions for Reconsideration of Decisions or Signed Resolutions in Cases Assigned to the Divisions of the Court?
- Amended Rules on Who Shall Resolve Motions for Reconsideration of Decisions or Signed Resolutions in Cases Assigned to the Divisions of the Court, <--!11172009-->A.M. No. 99-8-09-SC, Nov 17, 2009 (Philippines)
Law Information
- Reference Number
- <--!11172009-->A.M. No. 99-8-09-SC
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Resolutions
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
November 17, 2009
EN BANC
[A.M. No. 99-8-09-SC]
AMENDED RULES ON WHO SHALL RESOLVE MOTIONS FOR RECONSIDERATION OF DECISIONS OR SIGNED RESOLUTIONS IN CASES ASSIGNED TO THE DIVISIONS OF THE COURT
This Resolution supersedes the Resolution promulgated on February 15, 2000. The new rules on who shall resolve motions for reconsideration of Decisions or signed Resolutions in cases assigned to the Divisions of the Court are as follows: HDITCS
1. Motions for reconsideration/clarification of a Decision or of a signed Resolution shall be acted upon by the Ponente and the other Members of the Division, whether special or regular, who participated in the rendition of the Decision or signed Resolution sought to be reconsidered, irrespective of whether or not such Members are already in other Divisions at the time the motion for reconsideration/clarification is filed or acted upon; for this purpose, they shall be deemed constituted as a Special Division of the Division to which the Ponente belonged at the time of promulgation of the Decision or Signed Resolution.
2. If the Ponente is disqualified or has inhibited himself/herself from acting on the motion for reconsideration/clarification, he/she 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 signed Resolution and who concurred therein. If only one Member of the Court who participated and concurred in the rendition of the Decision or signed Resolution remains, he/she shall be designated as the Ponente.
3. If the Ponente retires or is otherwise no longer a Member of the Court, a new Ponente for all his/her Decisions or signed Resolutions that may be subject of motions for reconsideration/clarification shall be designated by raffle from among the remaining Members of the Division who participated and concurred in the Decision or signed Resolution. In Decisions or signed Resolutions of the retired Ponente that the new Ponente did not participate and concur in, another Ponente shall be chosen by raffle from among those who participated and concurred in the Decisions or signed Resolutions.
4. If a Member (not the Ponente) retires or is otherwise no longer a Member of the Court, a Justice shall be designated by raffle from the other Divisions to replace him/her in all Decisions or signed Resolutions to which he/she participated in and where such Decisions or signed Resolutions are the subject of further motions, until a new Justice is appointed as replacement for the retired Justice. Upon the appointment of a new Justice, he/she shall replace the designated Justice in such Decisions or signed Resolutions. AaSIET
5. Any vacancy or vacancies in the Special Division shall be filled by raffle from among the other Members of the Court to constitute a Special Division of five (5) Members.
6. If the Ponente and all the Members of the Division that rendered the Decision or signed 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/her with the participation of the other Members of the Division to which he/she belongs. Should the membership of this Division be less than the number required for a Special Division, the vacancy or vacancies shall be filled by raffle from among other Members of the Court.
7. Motions for reconsideration shall be resolved by the Division with the concurrence of at least three of its Members.
If there are pleadings, motions or incidents subsequent to the denial with finality of the motion for reconsideration, the case shall be acted upon by the Division which rendered the Decision or signed Resolution.
This Resolution shall take effect upon its publication in two (2) newspapers of general circulation in the Philippines.
Let a copy of this Resolution be furnished the Integrated Bar of the Philippines, which is hereby directed to disseminate copies thereof to its Members.
Promulgated this 17th day of November 2009. TECcHA
(SGD.) REYNATO S. PUNOChief Justice
(SGD.) ANTONIO T. CARPIOAssociate Justice
(on official leave)RENATO C. CORONAAssociate Justice
(SGD.) CONCHITA CARPIO-MORALESAssociate Justice
(SGD.) MINITA V. CHICO-NAZARIOAssociate Justice
(on official leave)PRESBITERO J. VELASCO, JR.Associate Justice
(SGD.) ANTONIO EDUARDO B. NACHURAAssociate Justice
(SGD.) TERESITA J. LEONARDO-DE CASTROAssociate Justice
(SGD.) ARTURO D. BRIONAssociate Justice
(on official leave)DIOSDADO M. PERALTAAssociate Justice
(SGD.) LUCAS P. BERSAMINAssociate Justice
(SGD.) MARIANO C. DEL CASTILLOAssociate Justice
(SGD.) ROBERTO A. ABADAssociate Justice
(SGD.) MARTIN S. VILLARAMA, JR.Associate Justice
Published in The Philippine Star on November 25, 2009.
Cite This Law
Amended Rules on Who Shall Resolve Motions for Reconsideration of Decisions or Signed Resolutions in Cases Assigned to the Divisions of the Court, <--!11172009-->A.M. No. 99-8-09-SC, Nov 17, 2009 (Philippines)
Amended Rules on Who Shall Resolve Motions for Reconsideration of Decisions or Signed Resolutions in Cases Assigned to the Divisions of the Court, <--!11172009-->A.M. No. 99-8-09-SC (Phil. 2009)
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