Republic of the Philippines
SUPREME COURT
Manila
EN BANC
A. M. NO. 99-8-09-SC
AMMENDED RULES ON WHO SHALL RESOLVE MOTIONS FOR RECONSIDERATION OF DECISIONS OR SIGNED RESOLUTIONS INCASES ASSIGNED TO THE DIVISION OF THE COURT
This Resoltion supersedes the Resolution promulgated on February 15, 2000. The new rules on who resolve motions for reconsideration of Decisions or signed Resolutions in cases assigned to the Divisions of the Court are as follows:
1. Motions for reconsideration/clarification of a Decision or of a signed Resolutions in cases 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 the 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 Decision or signed Resolution 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 participateand concur in another Ponente shall be chosen by raffle from among those who participated and concurred in the Decision 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 anew 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.
5. Any vacancy or vacancies in the Special Divisions 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, the case 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 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.
(Sgd.)
REYNATO S. PUNO
Chief Justice
(Sgd.)
ANTONIO T. CARPIO
Associate Justice |
(On Official Leave)
RENATO C. CORONA
Associate Justice |
(Sgd.)
CONCHITA CARPIO-MORALES
Associate Justice |
(Sgd.)
MINITA V. CHICO-NAZARIO
Associate Justice |
(On Official Leave)
PRESBITERO J. VELASCO, JR.
Associate Justice |
(Sgd.)
ANTONIO EDUARDO B. NACHURA
Associate Justice |
(Sgd.)
TERESITA J. LEONARDO-DE CASTRO
Associate Justice |
(Sgd.)
ARTURO D. BRION
Associate Justice |
(On Official Leave)
DIOSDADO M. PERALTA
Associate Justice |
(Sgd.)
LUCAS P. BERSAMIN
Associate Justice |
(Sgd.)
MARIANO C. DEL CASTILLO
Associate Justice |
(Sgd.)
ROBERTO A. ABAD
Associate Justice |
(Sgd.)
MARTIN S. VILLARAMA, JR.
Associate Justice
(See A.M. No. 99-8-09-SC, February 15, 2000)
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