When a senior member is designated to act as Chairman of any Division, he shall be an "Acting Chairman". In like manner, a junior member designated to act as Senior Member of any Division shall be an "Acting Senior Member"

a. Unless otherwise provided by law, the Court shall have its permanent stations as follows: the first seventeen (17) Divisions in Manila, for cases coming from the first to fifth judicial regions; the eighteenth, nineteenth and twentieth Divisions in Cebu City, for cases coming from the sixth, seventh, and the twenty-first, twenty-second and twenty-third Divisions in Cagayan de Oro City, for cases coming from the ninth, tenth, eleventh and twelfth judicial regions (R.A. 8246)

b. Whenever demanded by public interest or justified by an increase in caseload, the Supreme Court, upon its initiative or upon recommendation of the Presiding Justice, may authorize any Division of the Court to hold sessions at such places and for such places and for such period as the Supreme Court may determine, for the purpose of hearing and deciding cases.

c. Trials or hearing in the Court must be continuos and completed within three (3) months, unless extended by the Chief Justice of the Supreme Court. (Sec. 1, R.A. 8246)

a. A majority of the present membership of the Court (excluding those on leave) shall constitute a quorum for its session en banc. The affirmative vote of a majority of those in attendance shall be necessary to approve any matter submitted for its consideration.

b. The presence of all members of a Division shall constitute a quorum and their unanimous vote shall be necessary for the pronouncement of a decision or resolution. In case failure to have a unanimous vote, a Special Division of five members shall be constituted in the manner provided in Section 6 hereof.

a. Reorganization of the Divisions shall be effected whenever a permanent vacancy occurs in the chairmanship of any Division. The assignment of Justices to the Divisions shall be in accordance with the order of seniority of the members of the Court.

b. Should appointments to the Court require the creation of a new Division or Divisions, the rule of seniority shall be observed in the constitution of the membership thereof.

c. A permanent vacancy in the ranks of the junior members shall be filled by the most junior member of the Court as acting junior member of the Division where the vacancy exists pending the reorganization of the Divisions, in addition to his duties as regular junior member of his current Division. (Sec. 5, Rule 1, Revised Internal Rules of the Court of Appeals (RIRCA)

(a) In case of vacancy in the office of the Presiding Justice or in his absence or inability to perform the powers, functions and duties of his office, the Associate Justice who is first in precedence shall perform his powers, functions, and duties as Acting Presiding Justice until such disability is removed or another Presiding Justice is appointed and has qualified;

(b) In the determination of the chairmanship of the Divisions;

(c) In the seating arrangement of the Justices in all official functions;

(d) In the choice of supporting personnel and other employees;

(e) In the choice of office space, facilities, equipment, vehicles, and cottages: Provided, that the right of choice shall be limited to Justices who have taken their oaths and assumed office. (Sec. 8, Rule 1, RIRCA)

a. Clerk of Court — The Clerk of the Court is the administrative officer of the Court. He shall be under the direct supervision of the Presiding Justice and is accountable to the Court. He shall take charge of the administrative operations of the Court and exercise general or administrative supervision over subordinate officials and employees, except the co-terminus staff. He shall assists the Presiding Justice in the formulation of programs and policies for the consideration of the Court en banc.

b. Assistant Clerk Court — The Assistant Clerk of Court shall assist the Clerk of Court in the performance of his duties and functions and perform such other duties and functions as the Presiding Justice or the Clerk of Court may assign to him. In case of vacancy in the position of the Clerk of Court, or in his absence or capacity, the Assistant Clerk of Court shall act as Clerk of Court shall act as Clerk of Court until the latter reports for duty or his successor shall have been appointed and qualified.

c. Division Clerk of Court — Each Division of the Court shall be assisted by a staff composed of one (1) Division Clerk of Court (Executive Clerk of Court II), one (1) Assistant Division Clerk of Court (Executive Clerk of Court I) and such personnel as the exigencies of the service may warrant. The Division Clerk of Court and his staff shall be under the direct control and supervision of the Chairman of the Division.

The Division Clerk of Court shall:

d. Court Reporter — The Reporters shall:

Original copies of decisions and resolutions shall not be taken out of the premises of the Court without the written authority of the Presiding Justice. (Sec. 11, Rule 1, RIRCA)

Each volume of the Court of Appeals Reports shall contain a table of the cases reported and the cases cited in the opinions, with a complete alphabetical index of the subject matters of the volume. It shall consist of not less than seven hundred pages printed upon good paper, well bound and numbered consecutively in the order of the volumes published. (Sec. 3, Rule 55, RCP)

Certified copies of decisions and resolutions of the Court shall be released only upon written request, payment of the proper fees and presentation of the corresponding receipt to the Court Reporter.

The Division Clerks of Court must transmit the original and two (2) copies of decision and resolution to the Court Reporter within twenty-four (24) hours from promulgation.

(a) Promulgate rules relative to the organization or reorganization of the Divisions of the Court, assignment of the Justices, distribution of cases, and other matters concerning the operation and management of the Court and its Divisions;

(b) Act on administrative matters, including the regrouping, merger or abolition of existing offices, units or services, the creation of new ones, or the transfer of functions of one office, unit or service to another as the exigencies of the service may require;

(c) Adopt uniform administrative measure; procedures, and policies for the protection and preservation of the integrity of the judicial processes, the speedy disposition of cases, and the promotion of efficiency of the personnel;

(d) Discuss and thresh out divergent views on any particular question of law so as to reach a consensus thereon or to minimize, if not completely avoid, conflict of decisions and resolutions of the different Divisions of the Court on the interpretation and application of any question or provision of law;

(e) Take up other administrative matters which the Presiding Justice or any member may suggest for consideration and inclusion in its agenda;

(f) Recommend to the Supreme Court the appointment of the Clerk of Court, Assistant Clerk of Court, Court Reporter and Division Clerks of Court; and

(g) Receive foreign and local dignitaries, important guests and visitors, honor a colleague or retiring member of the Court, hold necrological services for its members who die in office, and honor members who die after retirement. (Sec. 2, Rule 2, RIRCA)

(a) Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and other ancilliary writs or processes whether or not in aid of its appellate jurisdiction;

(b) Exclusive original jurisdiction over actions for annulment of judgments of Regional Trial Courts;

(c) Exclusive appellate jurisdiction over all other final judgments, decisions, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, boards, commissions or offices not falling within the exclusive jurisdiction of the Supreme Court or other tribunals;

(d) Authority to receive other evidence and perform acts necessary for the resolution of factual issues raised in cases falling within its original and appellate jurisdiction;

(e) Authority to receive newly discovered evidence relied upon by the movant in cases within its appellate jurisdiction wherein new trial has been granted by the Court;

(f) The power to —

a. Pleadings, motions or other papers shall conform with the provisions of the Rules of Court on matters of form and indicate the dates and places of issue of receipts for payment of privilege tax and IBP annual dues of counsel. Motions shall not contain a notice of hearing. (Sec. 11, Rule 13, RIRCA)

b. Proof of service of such pleadings, motions or other papers on the adverse party or parties must be shown therein. If not served personally, there must be a written explanation why the personal service was not done. (Sec. 11, Rule 13, RCR)

c. Motions for extension shall state the material dates showing their timeliness; otherwise, they shall be denied.

a. Pleadings, motions or other papers may be filed with the Court either by personnal delivery or by registered mail.

b. If filed personally, the pleadings, motions or other papers shall be deemed filed with the Court on the date and hour stamped on the face thereof by the Receiving Section of the Court.

c. If filed by registered mail, the pleadings, motions, or other papers shall be deemed filed on the date of mailing stamped by the post office of origin.

a. Pleadings, motions or other papers shall be filed with the Receiving Section of the Court and not with the Justices or Division Clerks of Court.

b. Upon receipts of pleadings, motions or other papers filed by personal delivery, the Receiving Section shall promptly and legibly stamp on the first page thereof the exact date and hour they were received by the Court.

c. If the filling is by registered mail, the Receiving Section shall legibly stamp or indicate on the first page of the pleading, motion or other papers the date of actual receipt by the Court and the fact that the same were received by registered mail. The corresponding envelope or portion thereof showing the date of mailing and registry stamp shall be attached to the rollo.

d. Where the filing is by any of the modes under Section 4 [a] hereof, the date and time of receipt shall be stamped by the receiving clerk on the first page of the pleadings, motions, or other papers and on the envelope containing the same, and signed by him.

(a) All appealed cases for completion shall be raffled to individual Justices;

(b) All appealed cases, the records of which have been completed, shall be re-raffled for assignment to a Justice for study and report;

(c) Special cases or petitions, including petitions for review under Rules 42 and 43 of the Rules of Court, annulment of judgments under Rule 47, special civil actions under Rules 65 and 66, special proceedings under Rules 71 and 102 of said Rules, and all other petitions, shall be raffled to a Justice for completions, study and report; and

(d) When a Justice to whom a case is raffled cannot, for any cause or reason, act thereon, the case shall be re-raffled. (Sec. 5, Rue 3, RIRCA)

a. The raffle of cases shall be open to the public and conducted daily at 10:30 a.m., except in special raffle.

b. The raffle of cases shall be conducted by the Raffle Committee composed of the Justices of a Division chosen for the day which shall choose by Raffle the Raffle Committee for the following day. The staff of the committee shall be designated by the Presiding Justice for one year, unless sooner changed.

c. To assure equality in the number and nature of cases assigned to each Justice, separate listings shall be made of cases falling under the following categories: (1) appealed civil cases; (2) appealed criminal cases; (3) appealed criminal cases with detention prisoners; (4) habeas corpus cases; (5) labor cases; (6) agrarian cases; (7) Civil Services Commission and Ombudsman cases; (8) other petitions; and (9) cases involving substitution of a ponente, or requiring the temporary designation of a Justice or Justices to fill a temporary vacancy, or calling for the creation of a Division of five.

d. All requests for substitution and notices of inhibition shall be attached to the rollo.

e. No special raffle shall be counted except on grounds of urgent necessity and only when authorized in writing by the Presiding Justice or in his absence or unavailability, by the most senior Justice present. The special raffle shall be conducted by the Raffle Committee for the day or by any its members present; otherwise, the Presiding Justice himself shall conduct the raffle or may assign another Justice to do so. No special raffle shall be conducted after office hours.

f. The Raffle Staff shall furnish the Justices with the results of the raffle not later than the following working day.

g. Upon retirement or cessation from office of a Justice, his pending cases shall be re-raffled within three (3) months, unless otherwise directed by the Presiding Justice, to the other Justices, except in those cases contemplated in Section 3 (e), Rule 12 hereof, which shall be re-raffled between the remaining Justices of the Division who participated therein.

h. Whenever a Justice goes on leave, or three (3) months before he retires, he shall be exempt from the raffle of cases. (Sec. 6, Rule 3, RIRCA)

a. At the instance of any party of Justice to whom the case is assigned, and with the conformity of all the Justices concerned, the consolidation may be allowed when the cases involve the same parties and/or related questions of fact and/or law.

b. Consolidated cases shall pertain —

c. The Justice to whom the consolidated cases are may transfer to the Justice from whom the consolidated case or cases have been taken, a case or cases of his own in exchange for those assigned to him. The case given in exchange should as much as possible be of the same kind and have the same status as the one being replaced. However, a case which had already been given due course, or in which a temporary restraining order or preliminary injunction had been granted, or a hearing had been conducted, should not be given in exchange of consolidated cases.

d. Notice of the consolidation and replacement shall be given to the Raffle Staff and the Judicial Records Division. (Sec. 7, Rule 3, RIRCA)

(a) Motions for bail;

(b) Motions or applications for temporary restraining order and other auxiliary writs;

(c) Motions for extension of time to file petitions for review;

(d) Motions for extensions of time to file briefs, answers, replies comments, oppositions and memoranda; and

(e) Motions to set a case for preliminary conference, hearing or oral arguments. (Sec. 9, Rule 3, RIRCA)

(a) All matters not mentioned in the two preceding sections of this Rule; and

(b) Motions for reconsideration of the action taken by a Justice or a Division Clerk of Court. (Sec. 11, Rule 3, RIRCA)

(a) To grant extension of time to file briefs which shall not exceed a total of sixty (60) days for both the appellant and the appellee, and reply brief which shall not exceed a total of fifteen (15) days;

(b) To grant extensions of time to file answer, comment, reply, opposition, memoranda, when allowed by law, which shall not exceed the original period;

(c) To grant leave to correct typographical errors in briefs, pleadings, petitions, motions and other papers;

(d) To require service of copies of briefs, pleadings, motions or other papers upon the adverse parties and proof of service of briefs, pleadings, motions and other papers;

(e) To inform a party to comply with Rule 45 of the Rules of Court when notice of appeal of the decision of this Court to the Supreme Court has been improperly filed with this Court;

(f) To declare and notify the parties that their case has been submitted for study and report after the filing of, or upon the expiration of the period to file, the appellee's brief or the reply brief; Provided, however, that there is proof that the adverse party had been served with the required number of copies of the appellant's brief or the appellee's brief;

(g) To enter judgment upon the finality of the decision or resolution;

(h) To require the parties to submit the required number of copies of their pleadings;

(i) to require submission of missing transcripts of stenographic notes, exhibits or other material portions in the original record as reported by the Judicial Records Division; and

(j) To act any other matters assigned to him. (Sec. 8, Rule 3, RIRCA)

a. All pleadings, motions or other papers filed with the Receiving Section of the Judicial Records Division shall be entered in the docket book and shall be attached properly to the rollo of the case, paged consecutively and thereafter forwarded to the Division Clerk of Court concerned within two (2) working days.

b. If the pleadings, motions or other papers do not fall within the authority of the Division Clerk of Court to act upon, he shall cause an agendum thereof to be submitted to the Division concerned within three (3) working days from the time the rollo, together with the pleadings, motions or other papers were received in his office.

c. The Division Clerk of Court shall state in the agendum, with page references, the antecedents of the case which are necessary for the understanding of the matter, a synopsis of the motion or incident and of the opposition thereto, if any, the issues involved and his remarks or recommendation. (Sec. 12, Rule 3, RIRCA)

a. Within the period for taking an appeal, the appellant shall pay to the clerk of the court which rendered the judgment or final order appealed from, the full amount of the appellate court docket and other lawful fees. Proof of payment of said fees shall be transmitted to this Court together with the original record or the record on appeal. (Sec. 4, Rule 41, RCP)

b. Failure to pay said fees on time is ground for dismissal of the appeal (Sec. 1 (c), Rule 50, RCP)

(a) A subject index of the matter in the brief with a digest of the arguments and page references, and a table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited;

(b) An assignment of errors intended to be urged, which errors shall be separately, distinctly and concisely stated without repetition and numbered consecutively;

(c) Under the heading "Statement if the Case", a clear and concise statement of the nature of the action, a summary of the proceedings, the appealed rulings and orders of the Court, the nature of the judgment and any other matters necessary to an understanding of the nature of the controversy, with page references to the record;

(d) Under the heading "Statement of Facts", a clear and concise statement in a narrative form of the facts admitted by both parties and of those in controversy, together with the substance of the proof relating thereto in sufficient detail to make it clearly intelligible, with page references to the record;

(e) A clear and concise statement of the issues of fact or law to be submitted to the Court for its judgment;

(f) Under the heading "Argument", the appellant's arguments on each assignment of error with page references to the record. The authorities relied upon shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found;

(g) Under the heading "Relief", a specification of the order or judgment which the appellant seeks; and

(h) In cases not brought up by the record on appeal, the appellant's brief shall contain, as an appendix, a copy of the judgment or final order appealed from. (Sec. 13, Rule 44, RCP)

(a) A subject index of the matter in the brief with a digest of the arguments and page references, and a table of cases alphabetically arranged, textbooks and statutes cited with references to the pages where they are cited;

(b) Under the heading "Statement of Facts", the appellee shall state that he accepts the statement of facts in the appellant's brief, or under the heading "Counter-Statement of Facts", he shall point out such insufficiencies or inaccuracies as he believes exist in the appellant's statement of facts with references to the pages of the record in support thereof, but without repetition of matters in the appellant's statement of facts; and

(c) Under the heading "Argument", the appellee shall set forth his arguments in the case on each assignment of error with page references to the record. The authorities relied upon shall be cited by the page of the report at which the case begins and the page of the report on which the citation is found. (Sec. 14, Rule 44, RCP)

a. Upon receipt of the original record, whether by personal delivery or by mail, the Civil Section of the Judicial Records Division shall immediately:

b. If the records are being transmitted personally, the Civil cases Section shall immediately check the records in the presence of the filer, refuse acceptance thereof if incomplete, issue a list of the missing portions of the records, and require the branch clerk of the court of origin to submit the same within thirty (30) days from notice. (N)

c. If the transcript of stenographic notes is incomplete, the Civil Cases Section shall send a notice directly to the stenographer concerned. A notice shall also be issued to appellant's counsel with a warning that failure on his part to take the necessary steps to complete or correct the record and transcripts within thirty (30) days from notice will result in the dismissal of the appeal. (Sec. 2, Rule 4, RIRCA)

a. Briefs to be filed 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 in 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. (Sec. 4, Rule 4, RIRCA)

b. All copies of briefs, whether printed, typewritten or mimeographed, shall be signed and dated.

a. After the briefs have been filed or the periods for their filing have expired, the Judicial Records Division shall submit the case to the Division Clerks of Court with the appropriate report that the case is now ready for re-raffle to a Justice for study and report.

b. A list of cases submitted for study and report, corresponding to the same number as the present number of the members of the Court, shall be prepared by the Judicial Records Division in Chronological order according to the date when the case is deemed ready for study and report, to be submitted to the Raffle Committee for re-raffle courtwide. Submission to the Raffle Committee shall be made immediately after the number of cases to be raffled shall have equaled the number of Justices present. (N)

a. An appeal Rule 41 of the rules of court taken from the Regional Trial court to this Court raising only questions of law shall be dismissed, issues purely of law not being reviewable by this Court. Similarly an appeal by notice of appeal instead of by petition for review from the judgment of a Regional Trial Court in the exercise of its appellate jurisdiction shall be dismissed.

b. An appeal erroneously taken to this Court shall not be transferred to the appropriate court but shall be dismissed outright. (Sec. 2, Rule 50, RCP)

a. A verified petition for annulment of judgment or final order or resolution in a civil action from the Regional Trial Court shall state with particularly the facts and the law relied upon for annulment, as well as those supporting the petitioner's good and substantial cause of action or defense, as the case may be.

b. The petition shall specifically allege that the ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies are no longer available through no fault of the petitioner.

c. The petition shall be filed in seven (7) clearly legible copies, together with sufficient copies corresponding to the number of respondents.

d. A certified true copy of the judgment or final order or the resolution shall be attached to the original copy of the petition intended for the Court and indicated as such by the petitioner.

e. The petitioner shall also submit together with the petition, a sworn certification that he has not therefore commenced any other action involving the same issues in the Supreme Court, this Court or any different Divisions thereof, or any other tribunal or agency; if there is such other action or proceeding, he must state the status of the same; and if he should thereafter learn that a similar action or proceeding has been filed or is pending with the Supreme Court, this Court or different Divisions thereof, or any other tribunal or agency, he undertakes to promptly inform the aforesaid courts and other tribunal or agency thereof within five (5) days therefrom; Provided that, if the petitioner is a juridical entity, the authority of the person subscribing such certification shall be duly supported by a secretary's certificate or board resolution showing his authority to represent the petitioner. (Sec. 4, Rule 47, RCP)

All petitioner are required to sign the certification by themselves or through their duly authorized representative. In the latter case, a power of attorney shall be attached to the petition. In case only some of the petitioners signed such certification, the petition shall be dismissed.

a. The petition shall be accompanied by an amount sufficient to cover payment of the corresponding docket and other lawful fees including the costs prescribed in Section 8, Rule 16 thereof, unless the petitioner is exempt from the payment of said fees.

b. Upon the filing of the petition and payment of the docket and other lawful fees, as well as the deposit for costs, the Special Cases Section shall prepare the rollo, record the same in the docket book for special cases and then assign the corresponding CA-G.R. SP number; otherwise, if the amount remitted is insufficient, then the Special Cases Section shall assign the petition a UDK-SP number. A notation of the payment or non-payment of the docket and other lawful fees or the insufficiency thereof shall be made by the Special Cases Section on the first page of the rollo. The rollo shall then be forwarded to the raffle staff for assignment to a Justice for appropriate action. The Special Cases Section, through the Division Clerk of Court, shall likewise make a simultaneous report to the assigned Justice of the non-payment of the docket fee and other lawful fees, or the incompleteness of the petition. (N)

a. Failure of the petition to pay the docket and other lawful fees, or to submit any of the papers and documents mentioned under paragraphs (d) and (e), Section 2 hereof, or to specifically allege in the petition that the remedies are no longer available through no fault of the petitioner as required under paragraph (b), Section 2 hereof, shall be a sufficient ground for the dismissal of the petition.

b. Should the Court find no merit in the petition, either in form or substance, the same may be dismissed outright with specific reasons for such dismissal.

c. Should the petition be found to be prima facie meritorious, the same shall be given due course and summons shall be served upon the respondent. (Sec. 5, Rule 47, RCP)

a. A petition under Rule 65 of the Rules of Court may be filed no later than sixty (60) days from notice of the judgment, order or resolution sought to be assailed in this Court, whether or not the same is in aid of its appellate jurisdiction. The petition shall also be filed with and cognizable only by this Court if it involves acts or omissions of a quasi-judicial agency, unless otherwise provided by law or the Rules of Court. (Sec. 4, Rule 65, RCP)

b. If the petitioner had timely filed a motion for new trial or reconsideration after notice of said judgment, order or resolution, the period herein fixed shall be interrupted. If the motion is denied, the aggrieved party may file the petition within the remaining period which shall, in no case, be less than five (5) days, reckoned from notice of such denial. No extension of time to file the petition shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. (SC Resolution en banc dated July 21, 1998 in Bar Matter No. 803)

a. The petition shall contain the full names and actual addresses of all the petitioners and respondents, a concise statement of the matters involved, the factual background of the case, and the grounds relied upon for the relief prayed for. (Sec. 3, Rule 46, RCP)

b. The petition shall further indicate the material dates showing when notice of the judgment or final order or resolution subject thereof was received, when a motion for new trial or reconsideration, if any, was filed and when notice of the denial thereof was received. (SC Resolution en banc, supra.)

c. The petition shall be filed in seven (7) clearly legible copies together with proof of service thereof on the public and private respondents, with the original copy intended for the Court indicated as such by the petitioner and shall be accompanied by a clearly legible duplicate original or certified true copy of the judgment, order, resolution, or ruling subject thereof, and plain copies of such material portions of the record as are referred to therein, and other documents relevant or pertinent thereto. (Sec. 1, Rule 65, RCP)

d. The certification of the subject judgment, order or resolution shall be accomplished by the proper clerk of court or by the proper officer of the court, tribunal, agency, or office involved or by his duly authorized representative. The requisite number of copies of the petition shall be accompanied by clearly legible plain copies of all documents attached to the original copy. (Sec. 3, Rule 46 RCP)

e. The petitioner shall also submit, together with the petition, a sworn certification of non-forum shopping as provided in paragraph (e), Section 2 of Rule 6 hereof.

f. The petitioner shall pay the corresponding docket and other lawful fees to the Clerk of Court and deposit the prescribed amount for costs at the time of the filing of the petition. (Sec. 3, Rule 46, RCP)

g. An affidavit of service shall accompany the petition indicating that the respondents and all other interested parties had been furnished a copy thereof.

h. In case of filing or service of the petition and other pleadings is not made by personal service, the same shall be accompanied by a written explanation why the service or filing was not done personally. (Sec. 11, Rule 13, RCP)

i. Only pleadings required by the Court shall be allowed. All other pleadings and papers may be filed only with leave of court. (Sec. 5, Rule 46, RCP)

a. When the petition relates to the acts or omission of a judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person, the petition shall join, as private respondent or respondents with such public respondent or respondents, the person or persons interested in sustaining the proceedings in the Court; and it shall be the duty of such private respondents to appear and defend, both in his or their own behalf and in behalf of the public respondent or respondents affected by the proceedings. The costs awarded in such proceedings in favor of the petitioner shall be against the private respondents only, and not against the judge, court, quasi-judicial agency, tribunal, corporation, board, officer or person impleaded as public respondent or respondents.

b. Unless otherwise specifically directed by the Court, the public respondent shall not file an answer to or comment on the petition or any pleading therein. Likewise, unless directed by the Court, they shall not appear or participate in the proceedings therein. (Sec. 5, Rule 65, RCP)

a. After the comment or other pleadings required by the Court are filed, or the time for the filing thereof has expired, the Court may hear the case or require the parties to submits memoranda. If after such hearing or submission of memoranda or the expiration of the period for the filing thereof the Court finds that the allegations of the petition are true, it shall render judgment for the relief prayed for or to which the petitioner is entitled.

b. The Court may dismiss the petition if it finds the same to be patently without merit, prosecuted manifestly for delay, or that the questions raised therein are too unsubstantial to require consideration. (Sec. 8, Rule 65, RCP)

a. A party desiring to appeal from a decision of the Regional Trial Court in the exercise of its appellate jurisdiction may file a verified petition for review with the Court paying at the same time the corresponding docket and other lawful fees, depositing the amount of P500.00 for costs, and furnishing the Regional Trial Court and the adverse party with copies of the petition.

b. The petition should be filed and served within fifteen (15) days from notice of the decision sought to be reviewed or of the denial of the motion for new trial or reconsideration filed in due time.

c. Upon proper motion and the payment of the full amount of the docket and other lawful fees and the deposit for costs before the expiration of the reglementary period, the Court may grant an additional period of fifteen (15) days only within which to file the petition for review. No further extension shall be granted except for the most compelling reason and in no case to exceed fifteen (15) days. (Sec. 1, Rule 42, RCP)

a. The petition shall be filed in seven (7) legible copies, with the original copy intended for the Court being indicated as such by the petitioner.

b. The petition shall:

c. The petitioners shall also submit, together with the petition, a sworn certification on non-forum shopping as provided in paragraph (e), Section 2 of Rule 6 hereof. (Sec. 2, Rule 42, RCP)

d. The petition shall be accompanied by an affidavit of service of a copy thereof on each of the adverse parties and on the court the decision of which is under review. (Sec. 13, Rule 11, RCP)

In case the service or filing of the petition was not done personally, the petition shall be accomplished by a written explanation as to why personal service or filing was not resorted to. (Sec. 11, Rule 13, RCP)

a. Upon the timely filing of a petition for review and the payment of the corresponding docket and other lawful fees, the appeal is deemed perfected as to the petitioner.

b. The Regional Trial Court loses jurisdiction over the case upon the perfection of the appeal filed in due time and the expiration of the time to appeal of the other parties.

c. Before the Court gives due course to the petition, the Regional Trial Court may issue orders for the protection and preservation of the rights of the parties which do not involve any matter litigated by the appeal, approve compromises, permit appeals of indigent litigants, or execution pending appeal in accordance with Section 2, Rule 39 of the Rules of Court, and allow withdrawal of the appeal.

d. Except in civil cases decided under the Rule on Summary Procedure, the appeal shall stay the judgment or final order unless the Court, the law or the rules of Court shall provide otherwise. (Sec. 8, Rule 42, RCP)

a. Appeal shall be taken by filing a verified petition for review in seven (7) legible copies with the Court, with proof of service of a copy thereof on the adverse party and on the court or agency a quo. The original copy of the petition intended for the Court shall be indicated as such by the petitioner.

b. Upon the filing of the petition, the petitioner shall pay to the Clerk of Court of this Court the docket and other lawful fees and deposit the sum of P500.00 for costs. Exemption from payment of docket and other lawful fees and the deposit for costs may be granted by the Court upon a verified motion setting forth valid grounds therefor. If the Court denies the motion, the petitioner shall pay the docket and other lawful fees and deposit for costs within fifteen (15) days from notice of the denial; otherwise, the petition shall be denied due course and accordingly dismissed for non-payment of docket and other lawful fees. (Sec. 5, Rule 43, RCP)

(a) State the full names of the parties to the case, without impleading the court agencies either as petitioners or respondents;

(b) Contain a concise statement of the facts and issues involved and the grounds relied upon for the review;

(c) Be accompanied by a clearly legible duplicate original or a certified true copy of the award, judgment, final order or resolution appealed from, together with certified true copies of such material portions of their record referred to therein and other supporting papers;

(d) Contain a sworn certification on non-forum shopping as provided in paragraph (e), Section 2 of the Rule 6 hereof;

(e) State the specific material dates showing that it was filed within the period fixed herein; and

(f) Be accompanied by proof of service upon the adverse party or parties.

(a) To consider the possibility of an amicable settlement except when the case is not allowed by law to be the subject to compromise;

(b) To define, sumplify and clarify the issues for determination;

(c) To formulate stipulations of facts and admissions of documentary exhibits, and limit the number of witnesses to be presented in cases within the original jurisdiction of the Court or those within its appellate jurisdiction, where a motion for new trial is granted on the ground of newly discovered evidence; and

(d) To take up such other matters which may aid the Court in the prompt disposition of the case.

a. In ordinary appeals —

b. In original actions and petitions for review —

(a) The case shall be deliberate upon by the Justice assigned to study and report, together with the other members of his Division;

(b) If one or both of the other members of the Division are on leave of absence, disqualified, or are no longer members of the Court, their replacements shall be chosen by raffle. The Justices thus chosen and the Justice assigned for study and report shall act upon and decide the case. The Division shall be called Special (No.) Division;

(c) If the Justice to whom the case is assigned for study and report is disqualified or is no longer a member of the Court, his replacement shall be chosen by raffle between the two remaining members of his Division, subject to paragraph (e) of this section. Another Justice shall be assigned by raffle as a third member of the Division. The Division as now constituted shall act upon and decide the case;

(d) If the Justice assigned for study and report and all the members of his Division are disqualified, or are no longer member of the Court, the case shall be raffled to another Justice who, together with the two other members of his regular Division, shall act upon and decide the case;

(e) When, in an original action or petition for review, certain actions or proceedings have been taken as hereinbelow enumerated, the case shall remain with the Justice assigned for study and report and the Justices who participated therein, regardless of their transfer to other Divisions. The abovementioned actions or proceedings are as follows: (1) giving it due course; (2) dismissing it outright; (3) issuing a temporary restraining order or writ of preliminary injunction; (4) conducting a hearing, oral argument or preliminary conference; (5) undertaking any proceeding for any purpose stated in the resolution of the Division; and (6) issuing a writ of habeas corpus;

(f) If only member of the Division who participated in any of the action or proceeding mentioned in the preceding paragraph remains, the Raffle Committee shall automatically assign the case to him; and

(g) Where the membership of a Division which acted upon and decided a case has changed, the Division which shall subsequently act on the case shall be called the Former (No.) Division.

a. If the Justice assigned for study and report is disqualified or is no longer a member of the Court and the case is raffled to another, the latter has the right to replace it with another case of the same nature and status. The replacement case shall be given to the former Justice who was disqualified, if still a member of the Court, otherwise, it shall be added to the cases left him to be re-raffled in accordance with these Rules.

b. Cases in which the acts and proceedings mentioned in Section 3(e) hereof have been undertaken cannot be given as replacement under the preceding paragraph.

c. When a case is consolidated with another, the Justice to whom the consolidate case is given has the right to replace it with another of the same nature and status.

a. In Civil Cases —

b. In Criminal Cases —

c. In Original Actions and Petitions for Review —

a. The Justice to whom a case is raffled for study and report shall prepare a written report thereon and thereafter submit the same to his Division for deliberation. If after such deliberation, the two other members of the Division agree with the report, the same Justice shall prepare the decision for promulgation.

b. The judgment shall be rendered by the members of the Court who participated in the deliberation on the merits of the case. (Sec. 2, Rule 51, RCP)

(a) Within fifteen (15) days from the date of deliberation, the dissenting Justice shall write his dissent which shall be attached to the report for further deliberation by the Division. Thereafter, the Chairman of the Division shall in writing refer the case with the minutes of the deliberation to the Presiding Justice who shall designate two Justices chosen by the raffle from among all the other members of the Court to sit temporary with them, forming a Special Division of five Justices. The participation of all the five members of the Special Division shall be necessary for the pronouncement of a judgment or final resolution.

(b) After a member of the Division has expressed his dissent, the Special Division, as constituted, shall retain the case until it is disposed of regardless of organization; and

(c) After the deliberation on the merits among the members of the Special Division of five, the first proponement of the majority opinion shall be ponente, unless the majority decides otherwise. Any member of the Division may write a separate concurring or dissenting opinion. The vote of the majority of the Special Division is required to reach a decision. (Sec. 3, Rule 51, RCP; Sec. 4(b), Rule 8, RIRCA)

a. Every decision or final resolution of the Court in appealed cases shall clearly and distinctly state the findings of fact and the conclusions of law on which it is based, which may be confined in the decision or final resolution itself, or adopted from those set forth in the decision, order, or resolution appealed from. (Sec. 5, Rule 51, RCP)

b. In petitions for review or petitions for certiorari, the Division may in appropriate cases, render a memorandum decision. (Francisco vs. Permskul, 173 SCRA 324)

c. The subsequent action of the Division modifying or reversing a decision shall be denominated "Resolution." (Sec. 5, Rule 8, RIRCA)

d. Every decision shall be accompanied by an attestation of the Chairman of the Division in the following form:

ATTESTATION

I hereby attest that this decision was reached after due consultation among the members of this Division in accordance with the provisions of Section 13, Article VIII of the Constitution.

e. If a Chairman inhibits from a case, he shall ask the Raffle Committee to designate by raffle another Justice as replacement, and the most senior member shall sign the attestation as Acting Chairman. (SEC. 5, Rule 8, RIRCA)

a. The decision or final resolution shall be promulgated by filing the same with the Division Clerk of Court who shall on the same day annotate the date and time of the promulgation and attest it by his signature on the first page thereof.

b. The Division Clerk of Court shall record in the Promulgation Book the date and time of promulgation, the CA-G.R. Number, the title of the case, the ponente, the nature of the document (whether decision or final resolution), and the action taken by the Division. The Division Clerk of Court shall maintain and keep the Promulgation Book in his care and custody.

c. Within twenty-four (24) hours from the promulgation of a decision or final resolution, the Division Clerk of Court shall send notices and copies of the decision or final resolution in sealed envelopes to the parties through their counsel by registered mail only. However, a decision of acquittal in criminal cases where the accused is detained shall, whenever practicable, be served personally on the Director of Prisons or whoever has official custody of the accused.

d. Immediately after a decision or final resolution is promulgated, the Division Clerk of Court shall forward the original and two copies thereof to the court Reporter and a copy each to the Information and Statistical Data Division and the Judicial Records Division, the latter to forward the same copy to the Archives SEC.. (SEC. 8, Rule 8, RIRCA)

a. A motion for reconsideration of a decision or resolution shall be acted upon by the ponente and the other members of the Division whether special or regular, or whether a Division of three of five, who participated in the rendition of the decision or resolution sought to be reconsidered, irrespective of whether or not such members are already in other Divisions at the time the motion for reconsideration is filed or acted upon.

b. If the ponente is no longer a member of the Court, or has disqualified or inhibited himself from acting on the motion, he 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 resolution, and the resulting vacancy or vacancies therein shall be filled by the raffle from among the other members of the Court.

c. If only one member of the Court who participated in the rendition of decision or resolution remains, the motion shall be sent to him by the Raffle Committee and he shall act on the motion with the members of the Division to which he belongs.

d. If the ponente and all the members of the Division that rendered the decision or resolution are no longer members of the Court, the case shall be raffled to any member of the Court and the motion shall be acted by him with the participation of the other members of the Division to which he belongs. (SEC. 5, Rule 9, RIRCA)

a. Unless a motion for reconsideration or new trial is filed or an appeal is taken to the Supreme Court, judgments and final resolutions of the Court shall be entered upon the expiration of fifteen (15) days after notice to the parties.

b. In criminal cases, when the accused-appellant is acquitted, unless the State or any of the parties may still appeal, or the accused withdraws his appeal, entry of judgment shall be made immediately.

If the motion withdrawing an appeal is signed by the appellant only, the Court shall take steps to insure that the motion is made voluntarily, intelligently and knowingly or may require his counsel to comment.

c. In civil cases, when an appeal is withdrawn, or a decision based on a compromise agreement is rendered, entry of judgment shall be made immediately. (SEC. 1, Rule 11, RIRCA)

a. The Archives Section shall prepare a letter of transmittal to the court of origin remanding the original records together with a copy each of the decision or final resolution of this Court and of the Supreme Court, and the latter's entry of judgment and letter of transmittal to this Court.

b. When two or more appeals in the same case are taken to the Supreme Court, the Archives Section of this Court shall retain the records until all appeals resolved by the Supreme Court. After an appeal is resolved by the Supreme Court, the Archives Section of this Court shall transmit to the court of origin a copy of the decision of the decision of this Court and of the Supreme Court with the latter's entry of judgment, and a statement to the effect that the records of the case are being retained in this Court pending resolution of the other appeals.

c. When there are several accused in the same case, some of whom appeal to the Supreme Court and others do not, the Division Clerk of Court shall make an entry of judgment as to those who did not appeal. The same rule shall apply where there are several accused in the same case, some of whom withdrew their appeal in this Court and others did not. (Sec. 7, Rule 11, RIRCA)

a. In an appeal from the Regional Trial Court involving two (2) or more cases, which were tried and decided jointly, only one docket and other legal fees shall be paid by the appellants to the Clerk of Court of the Regional Trial Court except when separate notices of appeal are filed by them. The multiple shall be assigned only one docket number.

b. In an original petition involving two or more consolidated cases, only one docket and other lawful fees and deposit for costs shall be paid by the petitioners. (Sec. 5, Rule 12, RIRCA)

(a) Ordinary appeal in civil cases and special cases on appeal —

Within the period for taking an appeal, the appellate court docket fees shall be paid to the clerk of court of the court a quo, who shall transmit the proof of payment to this Court, together with the original record or record on appeal.

(b) Special Cases —

(c) Furnishing transcripts of the record or copies or any record, judgment or entry per page 3.00

(d) For each certificate not on process 20.00

(e) For every search for anything above a year's standing 4.00

(f) For commission on all cash deposit, 2% on all sums not exceeding P4,000.00, and 1% upon all sums in excess of P4,000.00, and .5% on all sums in excess of P40,000.00. (Adm. Circular No. 31-90, Oct. 15, 1990)

(a) Green for appealed civil cases;

(b) Cream for appealed criminal cases where the accused is out on bail, and appeals from contempt of court;

(c) Orange for criminal cases where the accused is detained;

(e) Red for habeas corpus cases;

(e) Yellow for labor cases;

(f) Brown for agrarian cases;

(g) Gray for Civil Service Commission and Ombudsman cases; and

(h) Blue for all other special cases, including petitions for review of the decisions of the Regional Trial Court in the exercise of its appellate jurisdiction.