sc internal rules

8/13/2019 SC Internal Rules

http://slidepdf.com/reader/full/sc-internal-rules 1/13

A.M. No. 10-4-20-SC

THE INTERNAL RULES OF THE SUPREME COURT

Committee on Internal Rules

The committe shall ensure, through appropriate recommendation to the Court en banc, that these Rulesare kept current and responsive to the needs of the Court and the public it serves.

Composition:

Members of the Court, shall include the Clerk of the Supreme Court and the Chief Attorney as permanentmembers, and may include other court officials as may needed

The Committee shall collate relevant materials from laws, the Rules of Court, and Resolutionsof the Court at the end of every year and submit to the Courten banc an update of the Rulesthe following January. It shall likewise recommend to the Court en banc the amendment,revision, or deletion of any of these Rules to reflect and achieve the objectives of justice,fairness and efficiency;

THE OPERATING STRUCTURES

Exercise of judicial and administrative function

he Court e!ercises its judicial functions and its powers of administrative supervision overall courts and their personnel through the Court en banc or its "ivisions. It administers itsactivities under the leadership of the Chief Justice, who may, for this purpose, constitutesupervisory or special committees headed by individual #embers of the Court or workingcommittees of court officials and personnel.

Quorum of the Court en banc

Eight Members shall constitute a quorum of the Court. In the absence of the Chief Justice, the most senior

Associate Justice present shall chair the sessions of the Court.

Court en banc matters and cases.

a) cases in which the constitutionality or validity of any treaty, international or executiveagreement, law, executive order, presidential decree, proclamation, order, instruction,ordinance, or regulation is in question;

$b% criminal cases in which the appealed decision imposes the death penalty or reclusionperpetua;

$c% cases raising novel &uestions of law;

$d% cases affecting ambassadors, other public ministers, and consuls;

$e% cases involving decisions, resolutions, and orders of the Civil 'ervice Commission, theCommission on (lections, and the Commission on )udit;

$f% cases where the penalty recommended or imposed is the dismissal of a judge, thedisbarment of a lawyer, the suspension of any of them for a period of more than one year, ora fine e!ceeding forty thousand pesos;

$g% cases covered by the preceding paragraph and involving the reinstatement in the judiciary of a dismissed judge, the reinstatement of a lawyer in the roll of attorneys, or thelifting of a judge*s suspension or a lawyer*s suspension from the practice of law;

$h% cases involving the discipline of a #ember of the Court, or a +residing Justice, or any



)ssociate Justice of the collegial appellate court;

$i% cases where a doctrine or principle laid down by the Court en banc or by a "ivision my bemodified or reversed;

$j% cases involving conflicting decisions of two or more divisions;

$k% cases where three votes in a "ivision cannot be obtained;

$l% "ivision cases where the subject matter has a huge financial impact on businesses oraffects the welfare of a community;

$m% 'ubject to 'ection $b% of this rule, other division cases that, in the opinion of at leastthree #embers of the "ivision who are voting and present, are appropriate for transfer tothe Court en banc;

$n% Cases that the Court en banc deems of sufficient importance to merit its attention; and

$o% all matters involving policy decisions in the administrative supervision of all courts andtheir personnel.

Division cases

All cases and matters under the jurisdiction of the Court not otherwise provided for by law,by the Rules of Court or by these nternal Rules to be cogni!able by the Court en banc shallbe cogni!able by the "ivisions#

Composition and quorum of a Division

-nless the Court en banc decrees otherwise, a &uorum shall consist of a majority of all#embers of the "ivision, and an absent or a nonparticipating regular #ember of a "ivisionmay be replaced at the re&uest of the regular #embers by a #ember designated fromanother "ivision in order to constitute a &uorum.

Resolutions of motions for reconsideration or clarification of an unsigned resolution or minuteresolution

Motions for reconsideration or clarification of an unsigned resolution or a minute resolutionshall be acted upon by the regular "ivision to which the ponente belongs at the time of thefilling of the motion. he ponente is the #ember to whom the Court, after its deliberation onthe merits of a case, assigns the writing of its decision or resolution in the case.

Resolutions of motions for reconsideration or clarification of decisions or signed resolutionscreation of a !pecial Division

Motions for reconsideration or clarification of a decision or of a signed resolution shall be actedupon by the ponente and the other #embers of the "ivision who participated in therendition of the decision or signed resolution.

If the ponente or a #ember of the "ivision who participated in the rendition of the decisionor signed resolution has retired, is no longer a #ember of the Court, is dis&ualified, or hasinhibited himself or herself from acting on the motion for reconsideration, he or she shall bereplaced through raffle by a new ponente or #ember. /or this purpose, the "ivision thatrendered the decision or signed resolution, including the replacement #ember, shall beconstituted as a 'pecial "ivision and shall thereafter act on the motion for reconsiderationand all other pleadings, motions, and incidents.

Composition and reorgani"ation of a division

$a% First Division – Chief Justice, the fourth in seniority as working chairperson, theseventh in seniority, the tenth in seniority, and the thirteenth in seniority.

$b% Second Division – the second in seniority as Chairperson, the fifth in seniority, the



eighth in seniority; the eleventh in seniority, and the fourteenth in seniority.

$c% Third Division – The third in seniority as Chairperson, the si!th in seniority, theninth in seniority, the twelfth in seniority, and the fifteenth in seniority.

Effect of reorgani"ation of Divisions on assigned cases

n the reorganization of the membership of ivisions, cases already assigned to a Member!in!Charged shallbe transferred to the ivision to "hich the Member!in!Charged moves, sub#ect to the rule on the resolutionof motions for reconsideration under Section $ of this Rule. The Member!in!Charged is the Member giventhe responsibility of overseeing the progress and disposition of a case assigned by raffle.

#ormula for assigning cases to a ne$ %ember of the Court

he following rules shall be observed in assigning cases to a newly appointed #ember of theCourt0

$a% the average caseload of each #ember shall be determined by dividing the totalnumber of pending cases of all fifteen #embers by fifteen;

$b% the newly appointed #ember of the Court shall inherit the caseload of the #emberbeing replaced, and the inherited caseload, if less than the average caseload asdetermined in $a%, shall be e&uali1ed with the average caseload by taking thedifference from the caseload of the incumbent #embers divided among them in e&ualnumber;

$c% cases submitted for decision within the last twelve months preceding theappointment of the new #ember of the Court may be unloaded to him or her.

&ctions on cases referred to the Court en banc

he referral of a "ivision case to the Court en banc shall be subject to the following rules0

$a% the resolution of a "ivision denying a motion for referral to the Court en banc shallbe final and shall not be appealable to the Court en banc;

$b% the Court en banc may, in the absence of sufficiently important reasons, decline totake cogni1ance of a case referred to it and return the case to the "ivision; and

$c% 2o motion for reconsideration of a resolution of the Court en banc decliningcogni1ance of a referral by a "ivision shall be entertained.

Committees

Committee on the Revision of the Rules of Court;

Committee on Computeri1ation and 3ibrary;

Committee on 'ecurity;

4ids and )wards Committees;

Committee on )dministrative Concerns;

3egislative(!ecutive Relations Committee;

Committee on +ublication of the Court 'ystems Journal;



Committee on 3egal (ducation and 4ar #atters;

Committee on Retirement +rogram;

Committee on +ublic Information;

Judicial Reform 'upport +roject #anagement Committee;

Committee on +ublication of the )dvanced 'yllabi;

Committee on /oreign ravel;

Committee on Justice on 5heels; and

Committee on 6ender Responsiveness in the Judiciary.

Ethics Committee

In addition to the above, a permanent Committee on (thics and (thical 'tandards shall beestablished and chaired by the Chief Justice, with the following membership0

$a% a working 7iceChair appointed by the Chief Justice;

$b% three $8% members chosen among themselves by the en banc by secret vote; and

$c% a retired 'upreme Court Justice chosen by the Chief Justice as a nonvoting

observerconsultant.

'er curiam decisions

-nless otherwise re&uested by the #ember assigned to write the opinion of the Court, thedecision or resolution shall be rendered per curiam

$a% where the penalty imposed is dismissal from service, disbarment, or indefinitesuspension in administrative cases; or

$b% in any other case by agreement of the majority of the #embers or upon re&uest ofa #ember.

#orm of resolution on motion for reconsideration in cases $here the vote of %embers of the Courtis divided

he resolution of motions for reconsideration, in case the opinion of the Court en banc or"ivision is divided, may be by minute resolution specifying the respective votes of the#embers.

#illing up of Court positions in !enate and (ouse Electoral Tribunals

+ositions for #embers of the Court in the 'enate (lectoral ribunal and the 9ouse ofRepresentatives (lectoral ribunal shall be designated by the Chief Justice among the#embers of the Court in the order of seniority0 he most senior #ember shall serve aschairperson of the tribunal.

THE EXERCISE OF JUDICIAL FUNCTION

The Supreme Court a court of law

he Court is a court of law. Its primary task is to resolve and decide cases and issuespresented by litigants according to law. 9owever, it may apply e&uity where the court isunable to arrive at a conclusion or judgment strictly on the basis of law due to a gap, silence,obscurity or vagueness of the law that the Court can still legitimately remedy, and thespecial circumstances of the case.

$he Court not a trier of facts#he Court is not a trier of facts its role is to decide cases basedon the findings of fact before it. 5here the Constitution, the law or the Court itself, in thee!ercise of its discretion, decides to receive evidence, the reception of evidence may be



delegated to a member of the Court, to either the Clerk of Court or one of the "ivisionClerks of Court, or to one of the appellate courts or its justices who shall submit to the Courta report and recommendation on the basis of the evidence presented.

&dvisor) opinions proscribed.

he Court cannot issue advisory opinions on the state and meaning of laws, or takecogni1ance of moot and academic &uestions, subject only to notable e!ceptions involving

constitutional issues

he Court shall respect factual findings of lower courts, unless any of the followingsituations is present0

$a% the conclusion is a finding grounded entirely on speculation, surmise andconjecture;

$b% the inference made is manifestly mistaken;

$c% there is grave abuse of discretion;

$d% the judgment is based on a misapprehension of facts;

$e% the findings of fact are conflicting;$f% the collegial appellate courts went beyond the issues of the case, and their findingsare contrary to the admissions of both appellant and appellee;

$g% the findings of fact of the collegial appellate courts are contrary to those of thetrial court;

$h% said findings of fact are conclusions without citation specific evidence on whichthey are based;

$i% the facts set forth in the petition as well as in the petitioner*s main and reply briefsare not disputed by the respondents;

$j% the findings of fact of the collegial appellate courts are premised on the supposed

evidence, but are contradicted by the evidence on record; and$k% all other similar and e!ceptional cases warranting a review of the lower courts*findings of fact.

THE EXERCISE OF ADMINISTRATIVE FUNCTION

Administrative supervision of courts and court personnel shall be undertaken by the court en banc,provided that, in appropriate cases, such function may be undertaken by the ivisions. %n thhe discharge ofits administrative functions, the Court shall be assisted by the &ffice of the Clerk of Court in administrativematters and cases involving the Court and the collegial appellate courts, and by the &ffice of the Court

Administrative matters and cases involving the lo"er courts.

The administrative functions of the Court en banc*

$a% the discipline of justices, judges and court personnel, whether by en banc or by"ivision, subject to matters assignable to the "ivisions, disciplinary matters involving

justices, judges and court personnel;

$b% the temporary assignment of judges to other stations as public interest mayre&uire;

$c% the transfer of cases, from one court, administrative area or judicial region, toanother, or the transfer of venue of the trial of cases to avoid miscarriage of justice;



$d% the amendment, modification or revocation of administrative orders and circularsissued by the Court;

$e% the policy consideration and determination of matters and issues; and

$f% matters involving the Judicial and 4ar Council $J4C% or the +hilippine Judicial )cademy $+9I3J)% in the e!ercise of the Court*s supervisory authority over them.

PRECEDENCE AND PROTOCOL

The Chief Justice enjoys precedence over all the other #embers of the Court in all officialfunctions. he )ssociate Justices shall have precedence according to the order of theirappointments as officially transmitted to the 'upreme Court. he rule on precedence shallbe applied in the following instances0

$a% in the determination of the Chairpersonship of the "ivision;

$b% in the seating arrangement of the Justices in all official functions; and

$c% in the choice of office space, facilities, e&uipment, transportation, and cottages.

+recedence in rank shall not beobserved in social and other nonofficial functions or be usedto justify discrimination in the assignment of cases, amount of compensation, allowance orother forms of remuneration.

FILING, RECEIVING, AND PROCESSING OF INITIATORY PLEADINGS AND APPEALS

ll appeals or petitions and pleadings that initiate an application for relief shall be filed withthe Court only in accordance with the procedure provided by the Rules of Court and other

issuances of the Court.

)ll appeals and petitions in all types of cases, and original records in criminal cases shall befiled with and received by the Receiving 'ection of the "ocket "ivision of the JudicialRecords :ffice during office hours.

)n initiatory pleading shall be processed pursuant to the pertinent provisions of the Rules ofCourt and issuances of the Court. he corresponding legal fees shall then be assessed andpaid.

)n initiatory pleading properly filed shall be assigned a docket or 6.R. $6eneral Register%number, which shall identify the case for record purposes until its termination under theRules of Court. )ny case for which no docket fee has been paid shall be assigned anundocketed or -" number. )ll initiatory pleadings shall be entered in the logbook of the

Receiving 'ection.

+leadings, letters, resolutions, decisions, entry of judgment, and all the relevant informationregarding any particular case identified by a 6.R. number or a -" number shall beencoded in the Case Administration System (CAS)

)fter the recording in the logbook and encoding in the C)' by the Receiving 'ection, theinitiatory pleading shall be inde!ed on a card that shall indicates such information as courtof origin, the lower court case number$s%, the nature of the case, the names of the counsel$s%for the litigants, and the date and time of transmittal to the "ocket "ivision of the JudicialRecords :ffice. he inde!ing of cases shall serve as a backup record of the receipt of a case



by the Court. hereafter, the initiatory pleading shall be transmitted to the "ocket "ivision.

) court attorney in the "ocket "ivision shall preliminarily classify the petitions and appealsfiled as en banc or as "ivision cases in accordance with law.

he case shall !e recorded in the main doc"et !oo" of the Doc"et Division, where all pleadings,motions, communications, resolutions, the decision, the entry of judgment, and all relevant

information on a particular case shall be recorded by handwriting. he personnel chargedwith making entries in the main docket book of the said pleadings and other said pleadingsand other information shall affi! his or her initials after such entries.

All ori#inal pleadin#s and other documents filed under the same docket number shall be encased in afolder or rollo "ith a Court en banc!approved, color!coded cartolina cover indicating the '.R. or ()number, the title of the case, the date of filing, the date of submission for decision, and the nature of thecase. The pages of the pleadings and other documents shall be consecutively numbered and attached tothe rollo preferably by stitching or any method that ensures the integrity of the contents of therollo.

A court attorney at the Doc"et Division of the *udicial Records &ffice shall accomplish the processing

slips for all initiatory pleadings, including motions for e+tension of time to file petition. The processing slipshall serve as the checklist of the reuirements of the Rules of Court for filing a case, and shall inform theCourt of compliance or non!compliance by the appellant or petitioner "ith such reuirements, as gatheredfrom the initiatory pleading filed. %nformation provided by the processing slip shall be reported in the initialagenda item on the case.

The Judicial $ecords %ffice shall transmit all rollos to the &ffice of the Clerk of Court or ivision Clerk ofCourt "ithin forty!eight hours from receipt of pleadings, documents or papers attached to them, unlessimmediate transmittal is demanded by the nature of the case. Copies of pleadings, documents, or papers

not attached to the rollo shall be distributed by said &ffices to all Members of the Court en banc or of the

ivision.

$AFF&' %F CAS'S

-very initiatory pleading already identified by a '.R. or a () number shall be raffled among the Membersof the Court. The Member!in!Charge to "hom a case is raffled, "hether such case is to be taken up by theCourt en banc or by a ivision, shall oversee its progress and disposition unless for valid reason, such asinhibition, the case has to be re!raffled, unloaded or assigned to another Member

Raffle Committee

T"o Raffle Committees one for the en banc and the other for ivision cases, each to be composed of aChairperson and t"o members shall be designated by the Chief *ustice from among the Members of theCourt on the basis of seniority.

he Clerk of Court shall serve as the 'ecretary of the Raffle Committee. 9e or she shall beassisted by a court attorney, duly designated by the Chief Justice from either the :ffice ofthe Chief Justice or the :ffice of the Clerk of Court, who shall be responsible for $a%recording the raffle proceedings and $b% submitting the minutes thereon to the Chief Justice.he Clerk of Court shall make the result of the raffle available to the parties and theircounsels or to their duly authori1ed representatives, e!cept the raffle of $a% bar matters; $b%administrative cases; and $c% criminal cases where the penalty imposed by the lower court islife imprisonment, and which shall be treated with strict confidentiality.



!pecial raffle of cases

'hould an initiatory pleading pray for the issuance of a temporary restraining order or anurgent and e!traordinary writ such as the writ of habeas corpus or of amparo, and the casecannot be included in the regular raffle, the Clerk of Court shall immediately call theattention of the Chief Justice or, in the latter*s absence, the most senior #ember of the Courtpresent. he Chief Justice or the 'enior #ember of the Court may direct the conduct of aspecial raffle, in accordance with the following procedure0

$a% -pon receipt of an initiatory pleading containing a motion for the conduct of aspecial raffle, the Judicial Records :ffice shall immediately $I% process the pleadingand $ii% transmit a copy of it to the :ffice of the Clerk of Court.

$b% he Judicial Records :ffice shall inform the Clerk of Court in writing of the motionfor special raffle, and the Clerk of Court shall forthwith seek authority to conduct thespecial raffle from the Chief Justice or substitute 'enior #ember, as the case may be.

$c% he special raffle shall be conducted immediately.

$d% he Clerk of Court shall furnish the #emberinCharge to whom the case israffled, the Judicial Records :ffice, and the Rollo Room at the :ffice of the Chief

Justice, copies of the result of the special raffle in an envelope marked <R-'9<. he

#emberinCharge shall also be furnished a copy of the pleading. If the case isclassified as a "ivision case, the Clerk of Court shall furnish the same copies to the:ffice of the Clerk of Court of the "ivision to which the same #emberinChargebelongs and to the "ivision Chairperson.

$e% -pon receipt of the special raffle result, the Judicial Records :ffice shallimmediately forward the rolloto the "ivision concerned, with the word <R-'9< clearlyindicated on the rollo cover.

$f% -pon receipt of the rollo, the Clerk of Court = or, should the case be classified as a"ivision case, the "ivision Clerk of Court = shall immediately $i% prepare the )gendaitem on the specially raffled case; and $ii% forward the rollo and a copy of the 'pecial

)genda to the Rollo Room, which shall transmit the rollo to the #emberinChargeand distribute the 'pecial )genda to the Chief Justice and the #embers of the Court

or to the Chairperson and #embers of the "ivision, as the case may be.

$g% 5hen the Court in recess and the urgency of the case re&uires immediate action,the Clerk of Court or the "ivision Clerk of Court shall personally transmit the rollo tothe Chief Justice or the "ivision Chairperson for his or her action.

he initiatory pleadings duly docketed at the Judicial Records :ffice shall be classifiedinto en banc and "ivision cases for purposes of the raffle. he Clerk of Court shall forthwithmake a report on the classified cases to the Chief Justice. %avvphi%

Regular raffle of en banc and "ivision cases shall be held on #ondays and 5ednesdays,respectively.

The cases included in a previousl prepared list shall beraffled using a reasonabl acceptable randomraffle device under a sstem that shall ensure the fair and equitable distribution of case load among allMembers of the Court $he rollos of all raffled cases shall bedelivered to the :fficers of therespective Clerks of Court, for inclusion in the ne!t agenda of the Court en banc or the"ivision.

*+T% AD S,+STT,T' %F M'M+'$S %F T*' C%,$T

) #ember of the Court shall inhibit himself or herself from participating in the resolution of



the case for anyof these and similar reasons0

$a% the #ember of the Court was the ponente of the decision or participated in theproceedings in the appellate or trial court;

$b% the #ember of the Court was counsel, partner or member of law firm that is orwas the counsel in the case subject to 'ection 8$c% of this rule;

$c% the #ember of the Court or his or her spouse, parent or child is pecuniarily

interested in the case;

$d% the #ember of the Court is related to either party in the case within the si!thdegree of consanguinity or affinity, or to an attorney or any member of a law firm whois counsel of record in the case within the fourth degree of consanguinity or affinity;

$e% the #ember of the Court was e!ecutor, administrator, guardian or trustee in thecase; and

$f% the #ember of the Court was an official or is the spouse of an official or formerofficial of a government agency or private entity that is a party to the case, and the

Justice or his or her spouse has reviewed or acted on any matter relating to the case.

) #ember of the Court may in the e!ercise of his or her sound discretion, inhibit himself orherself for a just or valid reason other than any of those mentioned above.

he inhibiting #ember must state the precise reason for the inhibition.

%otion to inhibit a Division or a %ember of the Court

) motion for inhibition must be in writing and under oath and shall state the groundstherefor.

) motion for inhibition of a "ivision or a #ember of the Court must be acted upon by the"ivision or the #ember of the Court concerned, as the case may be, within ten working daysfrom receipt thereof e!cept when there is an application for a temporary restraining order,in which case the motion must be acted upon immediately.

2o motion for inhibition of a "ivision or a #ember of the Court shall be granted after adecision on the merits or substance of the case has been rendered or issued by an "ivision,e!cept for a valid or just reason such as an allegation of a graft and corrupt practice orground not earlier apparent.

Effects of inhibition

/a0 1henever a Member!in!Charge of a case in a ivision inhibits himself for a #ust and valid reason, thecase shall be returned to the Raffle Committee for re!raffling among the Members of the same ivisionother than the Member!in!Charge of a case, and the fifth Member of the ivision chosen by raffle amongthe Members of the ivisions shall act in place of the inhibiting Member.

$b% 5henever a #ember of the "ivision, other than the #emberinCharge of a case, inhibits

on any of the grounds specified in 'ection , e!cept paragraph $b%, the case shall be decidedby the four remaining #embers of the "ivision and another #ember of the two other"ivisions chosen by raffle to act on the case.

$c% 5hen a #ember of the "ivision, other than the #emberinCharge of a case, was counselor partner or member of a law firm that is or was counsel in the case before the "ivision,such #ember shall inhibit himself or herself, unless the #ember was no longer a partner ormember of the law firm when it was engaged as counsel in the case and the #ember votesagainst the client of such firm. In any event, the mandatory inhibition shall case after thelapse of ten years from the resignation or withdrawal of the #ember from the law firm,



unless the #ember personally handled the case when he or she was a partner or member ofthe law firm.

$d% 5henever two or more #embers o the "ivision, other than the #emberinCharge of acase, inhibit themselves from a case, they shall be replaced by raffle by #embers of theother "ivisions.

$e% ) #ember of the Court who inhibits, on the grounds specified in 'ection , shall be

assigned an additional case at the ne!t raffle of "ivision cases.

!ubstitution of %ember

5hen a #ember of the Court is on leave or a vacancyoccurs in a "ivision, another #emberfrom the other "ivisions shall be designated by the Chief Justice by rotation, according to areverse order of seniority, to act as #ember of the "ivision until the regular #ember reportsback to work or a newly appointed #ember assumes office, as the case may be.

F%&D'$ %F -&'AD.S/ C%MM,CAT%S/ D%C,M'TS AD %T*'$ -A-'$S A CAS'

The original of all pleadings, communications, documents, and other papers filed by the parties shall beencased in a rollo, "hich shall serve as their official repository for purposes of the case. The rollo shall beproperly and seuentially paginated by the ocket ivision of the *udicial Records &ffice to preventintercalation or detachment of a page.

All rollos shall be kept in the Rollo Room in the &ffice of the Chief *ustice. 2orollo shall be taken out e+ceptfor delivery to any follo"ing3 /40 the *udicial Records &ffice for attachment of a pleading, communication,document or other papers filed5 /60 the &ffice of the Clerk of Court or the &ffice of the ivision Clerk ofCourt, for the preparation of the Agenda and to the Minutes of a Court session, as "ell for the attachmentof the decisions or resolutions to the rollo5 /70 the &ffice of the Member!in!Charge or the &ffice of theponente or "riter of the decision or resolution5 /80 any &ffice or official charged "ith the study of the case.

All personnel charged "ith the safekeeping and distribution of rollos shall be bound by strict confidentiality

on the identity of the Member!in!Charge or the ponente, as "ell as on the integrity of the rollos, under painof administrative sanction and criminal prosecution for any breach thereof.

The expediente

he &ffice of the Clerk of Court of the ivision Clerk of Court shall provide copies of all pleadings,communications, documents, and other papers of a case to the &ffices of the Members of the Court for theconstitution of an e+pediente to facilitate access and easy reference to a case.

Confidentialit) of identif) of %ember+in+Charge or ponente and of Court actions

9ersonnel assigned to the Rollo Room and all other Court personnel handling documents relating to theraffling of cases are bound by strict confidentiality on the identify of the Member!in!Charge or ponente andon the actions taken on the case.

Rollo Room personnel may release a rollo only upon an official written re&uest from theChief Judicial 'taff 9ead or the Chief of :ffice of the re&uesting :ffice. he rollo roompersonnel may release a rollo only to an authori1ed personnel named in the official writtenre&uest. )ll personnel handling the rollos are bound by the same strict confidentiality rules.

he Court may order the consolidation of cases involving common &uestions of law or of act.he Chief Justice shall assign the consolidated cases to he #emberinCharge to whom the



case having the lower or lowest docket number has been raffled, subject to e&uali1ation ofcase load by raffle. he Judicial Records :ffice shall see to it that $a% the rollos of theconsolidated cases are joined together to prevent the loss, misplacement or detachment ofany of them; and $b% the cover of each rolloindicates the 6.R. or -" number of the casewith which the former is consolidated.

he #emberinCharge who finds after study that the cases do not involve common&uestions of law or of fact may re&uest the Court to have the case or cases returned to the

original #emberinCharge.

5hen a rollo is lost and a diligent search for it proves futile, the personnelincharge ofthe Rollo Room shall immediately inform the Chief Justice or the proper Chairperson of the"ivision of such loss. 5ithout prejudice to any administrative or criminal liability of thepersonnel responsible for the loss, the Chief Justice or the Chairperson of the "ivisionconcerned shall direct the Judicial Records :ffice to reconstitute the rollo and re&uest thecounsel and the parties to personally appear and submit, on a specified date, legible copiesof the pleadings, communications, documents, and other papers filed in the case, and toauthenticate their respective submissions.

he same procedure shall be observed when the loss of a rollo occurs in the office of a

#ember of the Court. he Judicial 'taff 9ead concerned shall immediately report the loss.(ntries in the main docket book of the Judicial Records :ffice, as well as in the Case>

)dministration 'ystem, shall be used for verification purposes.

COURT SESSIONS AND HEARINGS

Court sessions

The Court en banc shall hold sessions every Tuesday. The ivisions may meet on Monday s and1ednesdays. Special sessions may be held "henever necessary. %n every session, proceedings shallfollo" the agenda of cases and matters to be taken up. Actions taken during sessions shall be dulyreflected in the minutes of the proceedings.

Confidentialit) of court sessions!

Court sessions are executive in character, with only the &embers of the Court present#Court deliberations are confidential and shall not be disclosed to outside parties, except asmay be provided herein or as authori!ed by the Court#

he Chief Justice or the "ivision Chairperson shall record the action or actions taken in eachcase for transmittal to the Clerk of Court or "ivision Clerk of Court after each session. henotes of the Chief Justice and the "ivision Chairperson, which the Clerk of Court and the"ivision Clerks of Court must treat with strict confidentiality, shall be the bases of the

minutes of the sessions.

,ral arguments

he Court may hear any case on oral arguments upon defined issues. he petitioner shallargue first, followed by the respondent and the amicus curiae, if any. Rebuttal argumentsmay be allowed by the Chief Justice or the Chairperson. If necessary, the Court may inviteamicus curiae.

Transcripts of hearings- recording of oral arguments



&ral arguments shall be recorded by at least t"o stenographers, alternately taking stenographic notes ofthe proceedings. The stenographers shall transcribe their notes and submit the consolidated transcripts tothe Clerk of Court or the ivision Clerk of Court "ithin t"enty!four hours from the termination of the oralarguments. The Clerk of Court or the ivision Clerk of Court shall revie" the transcripts of stenographicnotes, using the tape or electronic of the hearing for verification purposes.

A.'DA AD M,T'S %F C%,$T S'SS%S

&genda

he Clerk o?f Court and the "ivision Clerks of Court shall ensure that all pleadings,communications, documents, and other papers duly filed in a case shall be reported in the

)genda for consideration by the Court en banc or the "ivision. he )genda items for eachcase shall ade&uately apprise the Court of relevant matters for its consideration.

'eriods for inclusion of pleadings, motions, and other matters in the agenda# = he Clerk ofCourt and the "ivision Clerks of Court shall observe the following periods for the inclusionof pleadings, motions, and other matters in the agenda counted from receipt0

$a% motions for e!tension of time to file petitions = immediately calendared;

$b% appeals in criminal cases under )rticle >@ of the Revised +enal Code, as amended,

or under Rule AA of the Rules of Court = within fifteen days;

$c% petitions under Rules >B, > and B = within ten days, unless a party asks for theissuance of a temporary restraining order or an e!traordinary writ, immediateinclusion of the case in the )genda; and

$d% other pleadings = within ten days.

he foregoing notwithstanding, the Chief Justice may direct the immediate inclusion ofanymatter in the agenda.

%inutes of proceedings

he Chief Justice or the Chairperson of the "ivisionshall provide the Clerk of Court or the"ivision Clerk of Court his or her notes on the actions taken by the Court. he copy of the

)genda containing the handwritten notes of the Chief Justice or "ivision Chairperson shallserve as the basis for the preparation of the minutes of the session by the :ffice of the Clerkof Court or of the "ivision Clerks of Court.

'reparation of minutes of proceedings

5ithin fortyeight hours from the time the copy of the )genda containing the handwrittenactions of the Court is transmitted to him or her, the Clerk of Court or the "ivision Clerk ofCourt shall submit the draft of the minutes of the session for the approval by the Chief

Justice or the "ivision Chairperson. he draft of the minutes of a Court session shall followthe chronological se&uence of the cases in the )genda. (!cerpts of the minutes pertaining toa particular case &uoted in a letter of the Clerk of Court or the "ivision Clerk of Court to theparties, and e!tended resolutions showing the actions of the Court on the cases on agenda

shall be released to the parties only after the Chief Justice or the "ivision Chairperson hasapproved the minutes in writing.

Confidentialit) of minutes prior to release

he :ffices of the Clerk of Court and of the "ivision Clerks of Court are bound by strictconfidentiality on the action or actions taken by the Court prior to the release of theresolutions embodying the Court action or actions.

) resolution is considered officially released once the envelope containing a final copy of itaddressed to the parties has been transmitted to the process server for personal service orto the mailing section of the Judicial Records :ffice. :nly after its official release may a



resolution be made available to the public.

'reparation of minute resolutions and unsigned extended resolutions

) minute resolution &uoting an e!cerpt of the minutes of Court sessions pertinent to a caseshall be prepared by the court attorneys in the :ffice of the Clerk of Court or the "ivisionClerk of Court and personally reviewed, approved, and initialled by the Clerk of Court or the"ivision Clerk of Court before submission for final approval by the Chief Justice or the

"ivision Chairperson. )n unsigned e!tended resolution may be prepared by the :ffice of the#emberinCharge or by the :ffice of the Clerk of Court or "ivision Clerk of Court, uponinstructions of either the Chief Justice or the "ivision Chairperson, who shall approve theresolution. he Chief Justice and the "ivision Chairperson shall order the Clerk of Court orthe "ivision of Clerk of Court to release duly approved minute and unsigned e!tendedresolutions.

#orm of notice of a minute resolution

) notice of a minute resolution shall be embodied in a letter of the Clerk of Court or the"ivision Clerk of Court notifying the parties of the action or actions taken in their case in thefollowing form0

sc internal rules

Documents