Date: November 25, 1997

1997 Rules on Civil Procedure

2001 Edition Rule 56

Procedure in the Supreme Court

Rule 56

PROCEDURE IN THE SUPREME COURT

This is an entirely new provision. In the SC, there are 2 types of cases ORIGINAL and APPEALED. The SC has both the original and appellate jurisdiction.

What are the original cases cognizable by the SC?

A.) ORIGINAL CASESSECTION 1. Original cases cognizable. Only petitions for certiorari, prohibition, mandamus, quo warranto, habeas corpus, disciplinary proceedings against members of the judiciary and attorneys, and cases affecting ambassadors, other public ministers and consuls may be filed originally in the Supreme Court. (n)

You know them no? Certiorari, prohibition, mandamus, quo warranto, habeas corpus, cases affecting ambassadors other public ministers and consuls nasa Constitution din yan. This is only a repetition of Article VIII, Section 5 (1) of the Constitution. Aside from that, the Rules of Court give the SC authority to hear disciplinary proceedings against members of the judiciary, disbarment or removal of judges. SC man yan ba! And they are governed specially for disbarment by Rule 139B of the Rules of Court.

SEC. 2. Rules applicable. The procedure in original cases for certiorari, prohibition, mandamus, quo warranto and habeas corpus shall be in accordance with the applicable provisions of the Constitution, laws, and Rules 46,48, 49, 51, 52 and this Rule, subject to the following provisions:

a.) All references in said Rules to the Court of Appeals shall be understood to also apply to the Supreme Court;

b.) The portions of said Rules dealing strictly with and specifically intended for appealed cases in the Court of Appeals shall not be applicable; and

c.) Eighteen (18) clearly legible copies of the petition shall be filed, together with proof of service on all adverse parties.

The proceedings for disciplinary action against members of the judiciary shall be governed by the laws and Rules prescribed therefor, and those against attorneys by Rule 139-B, as amended. (n)

a.) All references in said Rules to the Court of Appeals

shall be understood to also apply to the Supreme Court

Actually, kulang ito eh. These proceedings are actually governed more by Rule 65 and 66. But they are also covered by Rule 46, 48, 49, 51 and 52 (CA) and it also applies to SC.

b.) The portions of said Rules dealing strictly with and specifically intended for

appealed cases in the Court of Appeals shall not be applicable; and

This is more of legal and judicial ethics.

Q: When you file a petition before the SC for certiorari, prohibition or mandamus, how many copies?

A: First filing 18 copies minimum. Why? Because you do not know whether it will be considered as an en banc case or a division case. The SC operates in 2 ways. It decides cases either en banc or by division. 18 copies is required because 15 na ang justices, only three (3) for the clerk.

Q: How about subsequent pleadings? How many copies?

A: Depende. Kung en banc, all subsequent pleadings, still 18 copies. Kapag division case, 9 na lang. Now, there are three divisions in the SC the first, second and third divisions. And every division is composed of five (5) members.

The SC meets en banc twice a week Tuesday and Thursday unless they have changed it. It is called an en banc session. Cases are raffled for assignment by division. Monday and Wednesday, hiwa-hiwalay sila the 5 justices who belong to the same division meet together and discuss cases which are raffled to that division. Friday is a NO SESSION but a working day. That is when they study, prepare their decisions and resolutions. That is why we can also predict when will the result of the Bar be released because that is an en banc session. Only the SC en banc can order the release of the results of the Bar Exam. They have to pass a resolution.

B. APPEALED CASESSEC. 3. Mode of appeal. An appeal to the Supreme Court may be taken only by a petition for review on certiorari, except in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment. (n)

There is only one way of appeal to the SC. The only mode of appeal recognized is Petition for Review by Certiorari under Rule 45, except in criminal cases when the penalty imposed by the RTC is death penalty, reclusion perpatua or life imprisonment where only ordinary appeal (under Rule 41) is required. Outside of that, the only mode of appeal to the SC is Petition for Review by Certiorari.

Please connect this with Rule 45, Section 9:

Rule 45, Sec. 9. Rule applicable to both civil and criminal cases.- The mode of appeal prescribed in this rule shall be applicable to both civil and criminal cases except in criminal cases where the penalty imposed is death, reclusion; perpetua or life imprisonment.

Rule 56, Sec. 4. Procedure.- The appeal shall be governed by and disposed of in accordance with the applicable provisions of the Constitution, laws, Rules 45, 48, sections l,2, and 5 to 11 of Rule 51, 52 and this rule.

Q: What are the grounds for dismissal of an appeal before the SC?

A: Section 5:

Section 5. Grounds for dismissal of appeal.- The appeal may be dismissed motu propio or on motion of the respondent on the following grounds:

a. Failure to take the appeal within the reglementary period;

b. Lack of merit in the petition;

c. Failure to pay the requisite docket fee and other lawful fees or to make a deposit for costs;

d. Failure to comply with the requirements regarding [proof of service and contents of and the documents which should accompany the petition;

e. Failure to comply with any circular, directive or order of the Supreme Court without justifiable cause;

f. Error in the choice of mode of appeal; and

g. The fact that the case is not appealable to the Supreme Court.Connect Rule 56, Section 5 with Rule 45, Section 5. The grounds are identical, to wit:

Rule 45, Sec. 5. Dismissal or denial of petition. The failure of the petitioner to comply with any of the foregoing requirement regarding the payment of the docket and other lawful fees, deposit for costs, proof of service of the petition, and the contents of and the documents which should accompany the petition shall be sufficient ground for the dismissal thereof.

The Supreme Court may on its own initiative deny the petition on the ground that the appeal is without merit, or is prosecuted manifestly for delay or that the questions raised therein are too unsubstantial to require consideration.

Sec. 6. Disposition of improper appeal Except as provided in section 3, Rule 122 regarding appeals in criminal cases where the penalty imposed is death, reclusion perpetua or life imprisonment, an appeal taken to the Supreme Court by notice of appeal; shall be dismissed.

An appeal by certiorari taken to the Supreme court from the Regional Trial Court submitting issues of fact may be referred to the Court of Appeals for decision or appropriate action. The determination of the Supreme Court on whether or not the issues of fact are involved shall be final.

This is already discussed in Rule 50, Section 2. A wrong appeal is a ground for a dismissal of such appeal.

Q: If the appeal is on pure question of law (it should be before the SC) and by mistake the party appealed to the CA, what will happen?

A: The appeal will be dismissed under Rule 50. The CA will not endorse the case to the SC.

Q: Suppose you will appeal by certiorari to the SC under Rule 45. Tapos, halo pala hindi naman pala question of law lahat may kasamang question of fact. What will happen now in the appeal?

A: Under Rule 56, Section 6, the SC may or may not dismiss the appeal. It may refer the matter to the CA baliktad noh? So it is not the same as Rule 50, Section 2.

Section 7. Procedure if opinion is divided. Where the court en banc is equally divided in opinion, or the necessary majority cannot be had, the case shall again be deliberated on, and if after such deliberation no decision is reached, the original action commenced in the court shall be dismissed; in appealed cases, the judgment or order appealed from shall stand affirmed; and on all incidental matters, the petition or motion shall be denied.

What happens if the justices of the SC are equally divided?

For instance, there were 4 in attendance in a division dahil absent ang isa the result is 2:2. So, we will deliberate again, but still 2:2. If that is so, the decision appealed from is considered affirmed. In other words, the ruling in the lower court is considered correct.

The counterpart of this rule in Criminal Procedure is Rule 125, Section 3. If after deliberation, the justices are even, they will deliberate again but still even. The decision must be acquittal. Since you cannot break the tie, it must be in favor of the accused.

EN BANC CASES

Now, before we leave this topic, of course we know very well that when you appeal to the SC, there are two possibilities either it will be heard by a division (there are 3 divisions there) or your case might be decided by the entire SC en banc.

Q: What cases are heard by the SC en banc?

A: There was a circular in 1993 issued by the SC enumerating en banc cases:

1.) Cases in which the constitutionality or validity of any treaty, international or executive agreement, law, executive order, presidential decree, proclamation, order, instruction, ordinance or regulations in question. For example, the recent Oil Deregulation Law;

2.) Criminal cases in which the appealed decision imposes death penalty; Criminal cases where a change of venue is required to avoid miscarriage of justice where SC has to make an order to change the venue;

Pag reclusion perpetua, hindi man yan en banc ba! Only for death penalty.

3.) Cases raising novel questions of law;

There is a point of law where there is no decided case yet. Meaning, such legal issue is raised for the first time.

4.) Cases affecting ambassadors, other public ministers or consuls;

5.) Cases involving decisions, resolutions, orders of the COMELEC, COA, or the Office of the OMBUDSMAN, SANDIGANBAYAN in administrative disciplinary cases;

6.) Cases in which the penalty involved is a dismissal of the judge, officer or employee of the judiciary, disbarment of a lawyer or even suspension of any of them for a period of more than one (1) year of fine exceeding P10,000.

Tignan mo sa SCRA. Pag ang penalty is removal of a judge or disbarment, en banc yan. And sometimes, you cannot even identify who is the ponente. Ang tawag diyan per curiae. The ponente is not identified.

7.) Cases where a doctrine or principle of law laid down by the Court en banc or division may be modified or reversed;

A decision by a division can only be reversed by the SC en banc. The same is true in a decision previously decided en banc. Only SC en banc can change its mind and reverse its previous ruling.

8.) Cases assigned in a division which in the opinion of at least three (3) members thereof, merit the attention of the Court en banc and are acceptable to the majority of the actual members of the court en banc;

Meaning, it is a division case but at least three members of the division are of the view that it should be elevated to the SC en banc. And the majority of the entire court also agree.

Example: A case is assigned to a division. After deliberating, majority of the 5 hold that the case is so important that referral to the entire membership is proper. Then when it is referred en banc, majority accepts it, then it is to be decided en banc.

Specific Example: The case of PEOPLE vs. LUCAS in Criminal Law. ISSUE: Is the penalty of reclusion perpetua divisible or indivisible? The original ruling there by a division is that it is a divisible penalty. But upon motion for reconsideration by the Solicitor General, the first division realized that maraming implications ito. So at least 3 or 4 voted na itapon natin to the SC en banc and then the entire voted.

BAR QUESTION : A lost in an appealed decision. He filed a motion for reconsideration. He is insisting that his motion be resolved by the entire membership of the SC. Can he insist that his motion for reconsideration be heard by the entire membership of the SC en banc when he lost in a division?

A: NO, because the SC en banc is not a separate court from one of its divisions. You cannot say that a decision by a division can be appealed to the SC en banc because it is the same court. The best that can happen to you is you convince the members of the same division to refer the matter to the entire court en banc and try to convince the majority of the court en banc to accept it. That is the correct move.

9.) All other cases as the court en banc, by the majority of its actual members, may deem of sufficient importance to merit its attention.

These cases are those involving the welfare of the nation like Lotto case, EVAT, Manila Hotel case. This is also the ground invoked by Imelda Marcos where she tries to convince the court en banc to hear her motion for reconsideration.

-oOo-

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