Submission of Memoranda
Supreme Court Administrative Circular No. 28-89 outlines the rules for the submission of memoranda in Philippine courts to enhance case management and expedite proceedings. It states that submitting memoranda is generally at the court's discretion, and parties may be required to file them within 30 days of the case being submitted for decision. The circular establishes that a case is considered submitted once evidence is admitted, with a 90-day period for decision-making commencing from that point. Extensions for submitting memoranda may be granted, but do not affect the 90-day decision period. Notably, these rules do not apply to Special Criminal Courts or cases under the Summary Procedure Rule.
Law Information
- Reference Number
- Supreme Court Administrative Circular No. 28-89
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Administrative Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
July 3, 1989
SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 28-89
| TO | : | All Justices of the Sandiganbayan, Judges of the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts |
| SUBJECT | : | Submission of Memoranda |
In the interest of the speedy disposition of cases, and to enable the courts to better control the progress of cases, the Supreme Court has adopted the following rules governing the submission of memoranda for purposes of deciding cases:
(1) As a general rule, the submission of memoranda is not mandatory or required as a matter of course but shall be left to the sound discretion of the court. A memorandum may not be filed unless required or allowed by the court.
(2) The court may require or allow the parties to submit their respective memoranda including citation of authorities within a definite date from submission of the case for decision but not exceeding thirty (30) days therefrom. This shall cover the filing of simultaneous memoranda or a memorandum in chief and a reply memorandum of the adverse party, in the discretion of the court but in no case may its filing exceed thirty (30) days from submission of the case for decision.
(3) A case is considered submitted for decision upon the admission of the evidence of the parties at the termination of the trial. The ninety (90) day period for deciding the case shall commence to run from submission of the case for decision without memoranda; in case the Court requires or allows its filing, the case shall be considered submitted for decision upon the filing of the last memorandum or the expiration of the period to do so, whichever is earlier. Lack of transcript of stenographic notes shall not be a valid reason to interrupt or suspend the period for deciding the case unless the case was previously heard by another judge not the deciding judge in which case the latter shall have the full period of ninety (90) days for the completion of the transcripts within which to decide the same.
(4) The court may grant extension of time to file memoranda, but the ninety (90) day period for deciding the case shall not be interrupted thereby.
(5) The foregoing rules shall not apply to Special Criminal Courts under Circular 20 dated August 7, 1987, and the cases covered by the Rule on Summary Procedure in which memoranda are prohibited.
(6) This Administrative Circular shall take effect immediately. Manila, Philippines.
July 3, 1989.
(SGD.) MARCELO B. FERNAN Chief Justice
Cite This Law
Submission of Memoranda, Supreme Court Administrative Circular No. 28-89, Jul 3, 1989 (Philippines)
Submission of Memoranda, Supreme Court Administrative Circular No. 28-89 (Phil. 1989)
Browse More Supreme Court Issuances
Explore other laws in the Supreme Court Issuances category.
View All Supreme Court IssuancesNeed Help Understanding This Law?
Ask our AI assistant to explain provisions, implications, or related laws.
Ask AI About This Law