Re: The Internal Rules of the Supreme Court

September 10, 2013

EN BANC

A.M. No. 10-4-20-SC

RE: THE INTERNAL RULES OF THE SUPREME COURT

NOTICE

Sirs/Mesdames :

Please take notice that the Court en banc issued a Resolution datedSEPTEMBER 10, 2013, which reads as follows:

"A.M. No. 10-4-20-SC (Re: The Internal Rules of the Supreme Court). — The Court Resolved to:

(a) NOTE the:

(i) Letter dated July 31, 2013 of Atty. Enriqueta E. Vidal, Clerk of Court, attaching thereto the proposed amendments to the Internal Rules of the Supreme Court (IRSC) relative to the preparation of the minutes of court sessions and other relevant matters with the end in view of expediting the preparation of the minutes and ensuring the prompt release of all resolutions;

(ii) Aforesaid Proposed Amendments to the Internal Rules of the Supreme Court; and

(iii) Memorandum of Atty. Vidal, re: Explanation for Non-Compliance with Section 4, Rule 11 of the Internal Rules of the Supreme Court on Preparation of Minutes of Court Sessions within Three (3) Working Days from Receipt of the Agenda with Action; and

(b) APPROVE the subject proposed amendments to the IRSC, particularly Sections 3 and 4, Rule 11 and Section 1, Rule 9 thereof, to read as follows:

Rule 11, Section 3

SEC. 3. Minutes of proceedings. — The Chief Justice or the DIVISION CHAIRPERSON shall provide the Clerk of Court or the Division Clerk of Court his or her notes on the actions taken by the Court WITHIN TWO (2) WORKING DAYS FROM THE DATE OF DELIBERATION. The copy of the Agenda containing the handwritten notes of the Chief Justice or THE Division Chairperson shall serve as the basis for the preparation of the minutes of the session by the Office of the Clerk of Court or of the Division Clerks of Court.

Rule 11, Section 4

SEC. 4. Preparation of minutes of proceedings. — AS MUCH AS PRACTICABLE, THE CLERK OF COURT AND THE DIVISION CLERKS OF COURT SHALL OBSERVE THE FOLLOWING GUIDELINES ON THE PREPARATION OF MINUTES OF COURT SESSIONS:

(1) WITHIN TWO (2) WORKING DAYS FROM RECEIPT OF THE COPY OF THE AGENDA CONTAINING THE HANDWRITTEN NOTES OF THE CHIEF JUSTICE OR THE DIVISION CHAIRPERSON, OTHERWISE KNOWN AS THE 'ACTION,' THE CLERK OF COURT OR THE DIVISION CLERK OF COURT SHALL SUBMIT THE DRAFT OF THE IMMEDIATE AND ADVANCE MINUTE RESOLUTIONS TO THE OFFICE OF THE CHIEF JUSTICE OR OF THE DIVISION CHAIRPERSON. FOR THIS PURPOSE, 'IMMEDIATE RESOLUTIONS' SHALL REFER TO MINUTE RESOLUTIONS WHICH, UPON SPECIFIC INSTRUCTIONS OF THE CHIEF JUSTICE OR THE DIVISION CHAIRPERSON, MUST BE PREPARED AND RELEASED IMMEDIATELY. 'ADVANCE RESOLUTIONS' SHALL REFER TO MINUTE RESOLUTIONS WHICH, BY THEIR NATURE OR BY TRADITION, MUST BE PREPARED AND RELEASED IN ADVANCE OF THE DRAFT MINUTES, INCLUDING BUT NOT LIMITED TO URGENT MATTERS DESCRIBED IN SECTION 8 OF THIS RULE.

(2) WITHIN SIX (6) WORKING DAYS FROM RECEIPT OF THE ACTION, THE CLERK OF COURT OR THE DIVISION CLERK OF COURT SHALL SUBMIT THE DRAFT OF THE WHOLE MINUTES FOR APPROVAL BY THE CHIEF JUSTICE OR THE DIVISION CHAIRPERSON. ALL CONCERNED MEMBERS OF THE COURT MUST BE FURNISHED WITH COPIES OF THE DRAFT MINUTES ON THE SAME DAY.

(3) THE MINUTES OF A COURT SESSION SHALL FOLLOW THE CHRONOLOGICAL SEQUENCE OF THE CASES IN THE AGENDA.

(4) COMMENTS ON AND/OR REVISIONS TO THE DRAFT IMMEDIATE OR ADVANCE RESOLUTIONS OR THE DRAFT MINUTES MUST BE SUBMITTED TO THE OFFICE OF THE CHIEF JUSTICE OR OF THE DIVISION CHAIRPERSON WITHIN TWO (2) WORKING DAYS FROM RECEIPT THEREOF; OTHERWISE, THE DRAFT RESOLUTION OR THE DRAFT MINUTES SHALL BE DEEMED APPROVED.

(5) UPON THE EXPIRATION OF THE PERIOD IN PARAGRAPH (4), THE OFFICE OF THE CHIEF JUSTICE OR OF THE DIVISION CHAIRPERSON SHALL IMMEDIATELY TRANSMIT THE APPROVED RESOLUTION OR THE APPROVED MINUTES TO THE CLERK OF COURT OR THE DIVISION CLERK OF COURT.

Rule 9, Section 1

SECTION 1. The rollo of a case. — The original of all pleadings, communications, documents, and other papers filed by the parties shall be encased in a rollo, which shall serve as their official repository for purposes of the case. The rollo shall be properly and sequentially paginated by the DOCKETING OFFICE CONCERNED to prevent intercalation or detachment of a page.

TO ENSURE THAT ALL SUCH PLEADINGS, COMMUNICATIONS, DOCUMENTS AND OTHER PAPERS ARE ATTACHED TO THE ROLLOS, INCLUDING OFFICIAL COPIES OF RESOLUTIONS, ORDERS AND DECISIONS AS WELL AS PROOFS OF SERVICE THEREOF ON THE PARTIES, THE ROLLOS OF CASES REPORTED IN THE COURT AGENDA, EXCEPT CASES SUBMITTED FOR DECISION OR RESOLUTION, SHALL BE RETURNED TO THE OFFICE OF THE CLERK OF COURT OR OF THE DIVISION CLERK OF COURT WITHIN TWENTY-FOUR (24) HOURS AFTER THE SESSION.[Amendments in bold.]