Republic of the Philippines
SUPREME COURT
Manila
EN BANC
A. M. NO. 99-8-09-SC
RULES ON WHO SHALL RESOLVE MOTIONS FOR RECONSIDERATION IN CASES ASSIGNED TO THE DIVISIONS OF THE COURT.
The following supplemental rules on who shall take part in resolving motions for reconsideration of decisions or signed resolutions promulgated by Divisions are hereby adopted:
1. Motions for reconsideration of a decision or of a signed resolution 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 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 no longer a member of the Court or is disqualified or has 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 and concurred in the rendition of the decision or resolution and who concurred therein. If only one member of the Court who participated and concurred in the rendition of the decision or resolution remains, he shall be designated as the ponente.
3. 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.
4. 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 upon by him with the participation of the other members of the Division to which he belongs. Should the membership of this Division be less than the number required for a special division, the vacancy or vacancies shall be filled by raffle from among the other members of the Court.
5. Motions for reconsideration shall be resolved by the Division with the concurrence of at least three of its members.
These rules shall not apply to motions for reconsideration of decisions or resolutions already denied with finality.
This Resolution shall take effect on the 1st day of April 2000 and shall be published in two (2) newspapers of general circulation in the Philippines not later than 29 February 2000.
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 15th day of February 2000.
(Sgd.)
HILARIO G. DAVIDE, JR.
Chief Justice
(Sgd.)
JOSUE N. BELLOSILLO
Associate Justice |
(Sgd.)
JOSE A. R. MELO
Associate Justice |
(Sgd.)
REYNATO S. PUNO
Associate Justice |
(Sgd.)
JOSE C. VITUG
Associate Justice |
(Sgd.)
SANTIAGO M. KAPUNAN
Associate Justice |
(Sgd.)
VICENTE V. MENDOZA
Associate Justice |
(Sgd.)
ARTEMIO V. PANGANIBAN
Associate Justice |
(Sgd.)
LEONARDO A. QUISUMBING
Associate Justice |
(Sgd.)
FIDEL P. PURISIMA
Associate Justice |
(Sgd.)
BERNARDO P. PARDO
Associate Justice |
(Sgd.)
ARTURO B. BUENA
Associate Justice |
(Sgd.)
MINERVA P. GONZAGA-REYES
Associate Justice |
(Sgd.)
CONSUELO YNARES-SANTIAGO
Associate Justice |
(Sgd.)
SABINO R. DE LEON, JR.
Associate Justice |
(Amended in A.M. No. 99-8-09-SC, November 17, 2009)
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