Re: Internal Rules of the Supreme Court
On March 15, 2016, the Supreme Court of the Philippines approved amendments to Rule 2 of its Internal Rules, specifically modifying Sections 7 and 8. The amendments include the deletion of Section 7 and a revision of Section 8, which outlines the handling of motions for reconsideration or clarification. Under the new provisions, if the original ponente (the justice who wrote the decision) is unable to act, a new ponente will be selected through a raffle from those who participated in the decision. Additionally, if any member of the decision-making division is disqualified or has retired, they will also be replaced by a member chosen through a raffle until a new justice is appointed. This ensures that cases continue to be processed even in the event of vacancies or retirements within the Court.
Law Information
- Reference Number
- <--!03152016-->A.M. No. 10-4-20-SC
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Notices
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
March 15, 2016
EN BANC
A.M. No. 10-4-20-SC
RE: INTERNAL RULES OF THE SUPREME COURT
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution datedMARCH 15, 2016, which reads as follows:
"A.M. No. 10-4-20-SC (Re: Internal Rules of the Supreme Court). — The Court Resolved to APPROVE the following amendments to Rule 2 of the Internal Rules of the Supreme Court, as last amended on November 10, 2015:
(a) DELETION of Section 7 (formerly Section 6); and
(b) REVISION of Section 8 (formerly Section 7), to read as follows:
SEC. 8. Resolutions of motions for reconsideration or clarification of decisions or signed, unsigned or minute resolutions and all other pleadings, motions and incidents subsequently filed; creation of a Special Division. — Motions for reconsideration or clarification of a decision or of a signed, unsigned or minute resolution, and all other pleadings, motions and incidents subsequently filed in the case, shall be acted upon by the ponente and the other Members of the Division that rendered the decision or signed, unsigned or minute resolution.
If the ponente has retired, is no longer a Member of the Court, is disqualified, or has inhibited himself or herself from acting on the motion for reconsideration or clarification, or on any other pleading, motion and incident subsequently filed, he or she shall be replaced through raffle by a new ponente who shall be chosen among the Members of the Division who participated in the rendition of the decision or signed, unsigned or minute resolution and who concurred therein. If only one Member of the Court who participated and concurred in the rendition of the decision or signed, unsigned or minute resolution remains, he or she shall be designated as the new ponente.
If a Member (not the ponente) of the Division which rendered the decision or signed, unsigned or minute resolution has retired, is no longer a Member of the Court, is disqualified, or has inhibited himself or herself from acting on the motion for reconsideration or clarification, or on any other pleading, motion and incident subsequently filed, he or she shall be replaced through raffle by a replacement Member who shall be chosen from the other Divisions until a new Justice is appointed as replacement for the retired Justice. Upon the appointment of a new Justice, he or she shall replace the designated Justice as replacement Member of the Special Division.
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.
If the ponente and all the Members of the Division that rendered the Decision or signed, unsigned or minute Resolution are no longer Members of the Court, the case shall be raffled to any Member of the Court and the pleading, motion or incident shall be acted upon by him or her with the participation of the other Members of the Division to which he or she belongs.
This section with regard to unsigned and minute resolutions shall not apply in cases of reorganization.
Brion J., on leave. (21)
Cite This Law
Re: Internal Rules of the Supreme Court, <--!03152016-->A.M. No. 10-4-20-SC, Mar 15, 2016 (Philippines)
Re: Internal Rules of the Supreme Court, <--!03152016-->A.M. No. 10-4-20-SC (Phil. 2016)
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