Amendments to Sections 15 and 16, Rule 136 of the Rules of Court and Other Resolutions

November 18, 1993

B.M. No. 209

AMENDMENTS TO SECTIONS 15 AND 16, RULE 136 OF THE RULES OF COURT AND OTHER RESOLUTIONS

Gentlemen :

Quoted hereunder, for your information, is a resolution of the Court En Banc dated November 18, 1993

"Bar Matter No. 209. — In the Matter of the Amendment and/or Clarification of Various Supreme Court Rules and Resolutions. —

The Court motu proprio Resolved to further amend Sections 15 and 16, Rule 136 of the Rules of Court, as well as its Resolution of September 17, 1974 as amended by a Resolution dated February 11, 1975, its Resolution of February 23, 1984, and its Resolution of February 9, 1993, as follows:

Effective immediately and until further action of the Court, all pleadings, briefs, memoranda, motions, and other papers to be filed before the Supreme Court and the Court of Appeals shall either be typewritten on good quality unglazed paper, or mimeographed or printed on newsprint or mimeograph paper, 11 inches in length by 8-1/2 inches in width (commonly known as letter size) or 13 inches in length by 8-1/2 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 1-1/2 inches in width. The contents shall be written double-spaced and only one side of the page shall be used.

In the Supreme Court, eighteen (18) legible copies of the petition shall initially be filed, and eighteen (18) copies of subsequent pleadings, briefs, memoranda, motions and other papers shall be filed in cases for consideration of the Court en banc and nine (9) copies in cases to be heard before a division.

One (1) copy thereof shall be served upon each of the adverse parties in either case. DETcAH

For said purpose, the following are considered en banc cases:

1. Cases in which the constitutionality or validity of any treaty, international or executive agreement, law, executive order, or presidential decree, proclamation, order, instruction, ordinance, or regulation is in question;

2. Criminal cases in which the appealed decision imposes the death penalty;

3. Cases raising novel questions of law;

4. Cases affecting ambassadors, other public ministers and consuls;

5. Cases involving decisions, resolutions or orders of the Civil Service Commission, Commission on Elections, and Commission on Audit;

6. Cases where the penalty to be imposed is the dismissal of a judge, officer or employee of the Judiciary, disbarment of a lawyer, or either the suspension of any of them for a period of more than one (1) year or a fine exceeding P10,000.00, or both;

7. Cases where a doctrine or principle laid down by the Court en banc or in division may be modified or reversed;

8. Cases assigned to a division which in the opinion of at least three (3) members thereof merit the attention of the Court en banc and are acceptable to a majority of the actual membership of the Court en banc; and

9. All other cases as the Court en banc by a majority of its actual membership may deem of sufficient importance to merit its attention.

In the Court of Appeals, seven (7) legible copies of pleadings, briefs, memoranda, motions and other papers shall be filed and one (1) copy thereof shall be served on each of the adverse parties." (Internal Resolution — Not for release) TSacCH

Very truly yours,

 

LUZVIMINDA D. PUNOClerk of Court

By:

 

(SGD.) MA. LUISA D. VILLARAMAAssistant Clerk of Court