August 3, 2010

EN BANC

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

THE INTERNAL RULES OF THE SUPREME COURT

RESOLUTION

WHEREAS, Section 3, paragraph c, Rule 1 of The Internal Rules of the Supreme

Court (Rules) directs the Sub-Committee on the Internal Rules of the Supreme Court
(Sub-Committee) to recommend to the Court en banc the amendment, revision, or
deletion of any of these Rules to re ect and achieve the objectives of justice, fairness
and efficiency; SDHITE

WHEREAS, the Sub-Committee recommends the amendment of the Rules to read

as follows:
1. Rule 2, Section 3 (d)
SEC. 3. Court en banc matters and cases. — The Court en banc shall
act on the following matters and cases:
xxx xxx xxx
(d) cases involving decisions, resolutions, and orders of the
Commission on Elections, and the Commission on Audit;
2. Rule 2, Section 6
SEC. 6. Resolutions of motions for reconsideration or clari cation of
an unsigned resolution or a minute resolution and all other motions and incidents
subsequently led. — Motions for reconsideration or clari cation of an unsigned
resolution or a minute resolution and all other motions and incidents
subsequently filed in the case shall be acted upon by the regular Division to which
the ponente belongs. The ponente is the Member to whom the Court, after its
deliberation on the merits of a case, assigns the writing of its decision or
resolution in the case.

3. Rule 2, Section 7
SEC. 7. Resolutions of motions for reconsideration or clari cation of
decisions or signed resolutions and all other motions and incidents subsequently
led; creation of a Special Division . — Motions for reconsideration or clari cation
of a decision or of a signed resolution and all other motions and incidents
subsequently led in the case shall be acted upon by the ponente and the other
Members of the Division who participated in the rendition of the decision or
signed resolution.

If the ponente has retired, is no longer a Member of the Court, is

disquali ed, or has inhibited himself or herself from acting on the motion for
reconsideration or clari cation, he or she shall be replaced through ra e by a
CD Technologies Asia, Inc. 2018 cdasiaonline.com
 new ponente who shall be chosen among the new Members of the Division who
participated in the rendition of the decision or signed resolution and who
concurred therein. If only one Member of the Court who participated and
concurred in the rendition of the decision or signed resolution remains, he or she
shall be designated as the new ponente.

If a Member (not the ponente) of the Division which rendered the decision
or signed resolution has retired, is no longer a Member of the Court, is
disquali ed, or has inhibited himself or herself from acting on the motion for
reconsideration or clari cation, he or she shall be replaced through ra e by a
replacement Member who shall be chosen from the other Divisions until a new
Justice is appointed as replacement for the retired Justice. Upon the appointment
of a new Justice, he or she shall replace the designated Justice as replacement
Member of the Special Division. TaDSCA

Any vacancy or vacancies in the Special Division shall be lled by ra e

from among the other Members of the Court to constitute a Special Division of
five (5) Members.

If the ponente and all the Members of the Division that rendered the
Decision or signed Resolution are no longer Members of the Court, the case shall
be ra ed to any Member of the Court and the motion shall be acted upon by him
or her with the participation of the other Members of the Division to which he or
she belongs.

If there are pleadings, motions or incidents subsequent to the denial of the

motion for reconsideration or clari cation, the case shall be acted upon by the
ponente on record with the participation of the other Members of the Division to
which he or she belongs at the time said pleading, motion or incident is to be
taken up by the Court.

4. Rule 2, Section 10
SEC. 10. Formula for assigning cases to a new Member of the Court. —
The following rules shall be observed in assigning cases to a newly
appointed Member of the Court:

(a) the average caseload of each Member shall be determined by

dividing the total number of pending cases of all fteen Members
by fifteen;
(b) the newly appointed Member of the Court shall inherit the caseload
of the Member being replaced, and the inherited caseload, if less
than the average caseload as determined in (a), shall be equalized
with the average caseload by taking the difference from the
caseload of the incumbent Members divided among them in equal
number;
(c) cases submitted for decision within the last twelve months
preceding the appointment of the new Member of the Court may be
unloaded to him or her.

The case load shall take into account only cases and matters for
adjudication.

5. Rule 2, Section 15
CD Technologies Asia, Inc. 2018 cdasiaonline.com
 SEC. 15. Form of resolution on motion for reconsideration in cases
where the vote of Members of the Court is divided. — The resolution of motions
for reconsideration of decisions or signed resolutions, in case the opinion of the
Court en banc or Division is divided, may be by minute resolution specifying the
respective votes of the Members. aIHSEc

6. Rule 4, Section 2
SEC. 2. Assisting o ces in the exercise of administrative function. —
In the discharge of its administrative functions, the Court shall be assisted by the
O ce of the Clerk of Court in administrative matters and cases involving the
Court and the collegial appellate courts. Whenever necessary, the court shall also
be assisted by the O ce of the Court Administrator in said matters and in
administrative matters and cases involving the lower courts.

7. Rule 4, Section 3
SEC. 3. Administrative functions of the Court. — The administrative
functions of the Court, whether en banc or in division consist of, but are not
limited to, the following:

(a) disciplinary and administrative matters involving justices, judges

and court personnel;
(b) the temporary assignment of judges to other stations as public
interest may require;
(c) the designation of judges from another administrative jurisdiction
in the absence of judges that can be designated to hear and decide
inhibited cases;
(d) the request of judges for extension of time within which to decide
cases submitted for decision;
(e) the transfer of cases, from one court, administrative area or judicial
region, to another, or the transfer of venue of the trial of cases to
avoid miscarriage of justice;
(f) the amendment, modi cation or revocation of administrative orders
and circulars issued by the Court;
(g) the policy consideration and determination of matters and issues;
(h) matters involving the Judicial and Bar Council (JBC) or the
Philippine Judicial Academy (PHILJA) in the exercise of the Court's
supervisory authority over them; and
(i) other matters similar or analogous to the foregoing.
8. Rule 6, Section 11
SEC. 11. Transmittal of rollo from the Receiving Section to the O ce
of the Clerk of Court or the Division Clerk of Court. — The Judicial Records O ce
shall transmit all rollos to the Office of the Clerk of Court or Division Clerk of Court
within three working days from receipt of pleadings, documents or papers
attached to them, unless immediate 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 O ces to all Members of the Court en banc or of the Division.
DHESca

9. Rule 7, Section 6 (f)

CD Technologies Asia, Inc. 2018 cdasiaonline.com
 SEC. 6. Special raffle of cases. — Should an initiatory pleading pray for
the issuance of a temporary restraining order or an urgent and extraordinary writ
such as the writ of habeas corpus or of amparo, and the case cannot be included
in the regular ra e, the Clerk of Court shall immediately call the attention of the
Chief Justice or, in the latter's absence, the most senior Member of the Court
present. The Chief Justice or the Senior Member of the Court may direct the
conduct of a special raffle, in accordance with the following procedure:
xxx xxx xxx
(f) Upon receipt of the rollo, the Clerk of Court — or, should the case be
classi ed as a Division case, the Division Clerk of Court — shall
immediately (i) prepare the Agenda item on the specially ra ed
case; and (ii) forward the rollo and a copy of the Supplemental
Agenda to the Rollo Room, which shall transmit the rollo to the
Member-in-Charge and distribute the Supplemental Agenda to the
Chief Justice and the Members of the Court or to the Chairperson
and Members of the Division, as the case may be.
10. Rule 8, Section 2
SEC. 2. Motion to inhibit a Division or a Member of the Court. — A
motion for inhibition must be in writing and under oath and shall state the
grounds therefor.
No motion for inhibition of a Division or a Member of the Court shall be
granted after a decision on the merits or substance of the case has been rendered
or issued by any Division, except for a valid or just reason such as an allegation
of a graft and corrupt practice or a ground not earlier apparent.

11. Rule 8, Section 3 (a)

SEC. 3. Effects of inhibition. — The consequences of an inhibition of a
Member of the Court shall be governed by these rules:

(a) Whenever a Member-in-Charge of a case in a Division inhibits

himself for a just and valid reason, the case shall be returned to the
Ra e Committee for re-ra ing among the Members of the other
two (2) Divisions of the Court.
12. Rule 9, Section 2
SEC. 2. Repository of rollos. — All rollos of cases submitted for
decision shall be kept in the Rollo Room in the O ce of the Chief Justice, except
when taken out for delivery to any of the following: (1) the Judicial Records O ce
for attachment of a pleading, communication, document or other papers led; (2)
the O ce of the Clerk of Court or the O ce of the Division Clerk of Court, for the
preparation of the Agenda and of the Minutes of a Court session, as well for the
attachment of the decisions or resolutions to the rollo; (3) the O ce of the
Member-in-Charge or the O ce of the ponente or writer of the decision or
resolution; (4) any Office or official charged with the study of the case. aATCDI

All personnel charged with the safekeeping and distribution of rollos shall
be bound by strict con dentiality on the identity of the Member-in-Charge or the
ponente, as well as on the integrity of the rollos, under pain of administrative
sanction and criminal prosecution for any breach thereof.

CD Technologies Asia, Inc. 2018 cdasiaonline.com

 13. Rule 10, Section 4
SEC. 4. Transcripts of hearings, recording of oral arguments . — Oral
arguments shall be recorded by at least two stenographers, alternately taking
stenographic notes of the proceedings. The stenographers shall transcribe their
notes and submit the consolidated transcripts to the Clerk of Court or the Division
Clerk of Court immediately upon the termination of the oral arguments. The Clerk
of Court or the Division Clerk of Court shall review the transcripts of stenographic
notes, using the tape or electronic recording of the hearing for veri cation
purposes.

14. Rule 11, Section 2

SEC. 2. Periods for inclusion of pleadings, motions, and other matters
in the agenda. — As much as practicable, the Clerk of Court and the Division
Clerks of Court shall observe the following periods for the inclusion of pleadings,
motions, and other matters in the agenda counted from receipt:

(a) motions for extension of time to le petitions — immediately

calendared;
(b) appeals in criminal cases under article 47 of the revised penal
code, as amended, or under rule 122 of the rules of court — within
fifteen days;
(c) petitions under rules 45, 64 and 65 — within ten days, unless a
party asks for the issuance of a temporary restraining order or an
extraordinary writ, and the Chief Justice authorizes the holding of a
special ra e and the immediate inclusion of the case in the
agenda;
(d) motion for inhibition — within ten days, unless the petition prays for
a temporary restraining order, in which case the motion must be
immediately included in the agenda; and
(e) other pleadings — within ten days.
The foregoing notwithstanding, the Chief Justice may direct the immediate
inclusion of any matter in the agenda.

15. Rule 11, Section 4

SEC. 4. Preparation of minutes of proceedings. — Within three (3)
working days from the time the copy of the Agenda containing the handwritten
actions of the Court is transmitted to him or her, the Clerk of Court or the Division
Clerk of Court shall submit the draft of the minutes of the session for the approval
by the Chief Justice or the Division Chairperson. The draft of the minutes of a
Court session shall follow the chronological sequence of the cases in the Agenda.
Excerpts of the minutes pertaining to a particular case quoted in a letter of the
Clerk of Court or the Division Clerk of Court to the parties, and extended
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 Division Chairperson has
approved the minutes in writing. cCaATD

Urgent matters in the minutes described in Section 8 shall, however, be

immediately acted upon in coordination with the Chief Justice or the Division
Chairperson.
CD Technologies Asia, Inc. 2018 cdasiaonline.com
 16. Rule 11, Section 5
SEC. 5. Con dentiality of minutes prior to release . — The O ces of the
Clerk of Court and of the Division Clerks of Court are bound by strict
con dentiality on the action or actions taken by the Court prior to the approval of
the draft of the minutes of the court session release of the resolutions embodying
the Court action or actions.

A resolution is considered o cially released once the envelope containing

a nal copy of it addressed to the parties has been transmitted to the process
server for personal service or to the mailing section of the Judicial Records O ce.
Only after its official release may a resolution be made available to the public.

17. Rule 11, Section 6

SEC. 6. Preparation of minute resolutions and unsigned extended
resolutions. — Upon receipt of the approved minutes of the court session, the
pertinent notice of the minute resolutions quoting an excerpt of the minutes of
Court sessions pertinent to a case shall be prepared by the court attorneys in the
O ce of the Clerk of Court or the Division Clerk of Court and personally reviewed,
approved, and initialled by the Clerk of Court or the Division Clerk of Court.
An unsigned extended resolution may, however, be prepared by the O ce
of the Member-in-Charge or by the O ce of the Clerk of Court or Division Clerk of
Court, upon instructions of either the Chief Justice or the Division Chairperson,
who shall approve the same. The Chief Justice and the Division Chairperson shall
order the Clerk of Court or the Division Clerk of Court to release duly approved
minute and unsigned extended resolutions.

18. Rule 11, Section 7

SEC. 7. Form of notice of a minute resolution. — A notice of a minute
resolution shall be embodied in a letter of the Clerk of Court or the Division Clerk
of Court notifying the parties of the action or actions taken in their case. In the
absence of or whenever so deputized by the Clerk of Court or the Division Clerk of
Court, the Assistant Clerk of Court of Assistant Division Clerk of Court may
likewise sign the letter which shall be in the following form:
(SUPREME COURT Seal)
REPUBLIC OF THE PHILIPPINES
SUPREME COURT
Manila
EN BANC/_______ DIVISION
NOTICE
Sirs/Mesdames:
Please take notice that the Court en banc/______ Division issued a
Resolution dated __________, which reads as follows:
"G.R./UDK/A.M./A.C. NO. __________ (TITLE). — (QUOTE RESOLUTION")
Very truly yours,
(Sgd.)
CLERK OF COURT/Division Clerk of Court
CD Technologies Asia, Inc. 2018 cdasiaonline.com
 19. Rule 11, Section 8
SEC. 8. Release of resolutions. — All resolutions shall be promptly
released after the approval of the Minutes of any session by the Chief Justice or
the Division Chairperson. Resolutions with the following actions shall, however,
be released immediately to the parties:

(a) directing the issuance of extraordinary writs; IcSEAH

(b) granting or denying motions for extension of time to le petitions

or subsequent pleadings, lifting of warrant of arrest, or other
motions of urgent nature;
(c) granting applications for a temporary restraining order/status quo
order/writ of preliminary injunction;
(d) preventively suspending judges or court personnel; and
(e) directing any party, the O ce of the Court Administrator, or any
other o cial or agency to submit a comment, a report or a
recommendation within a non-extendible period.
20. Rule 13, Section 6 (d)
SEC. 6. Manner of adjudication. — The Court shall adjudicate cases as
follows:
xxx xxx xxx
(d) By minute resolution when the Court (1) dismisses a petition led
under Rule 64 or 65 of the Rules of Court, citing as legal basis the
failure of the petition to show that the tribunal, board or o cer
exercising judicial or quasi-judicial functions has acted without or in
excess of jurisdiction, or with grave abuse of discretion amounting
to lack or excess of jurisdiction; (2) denies a petition led under Rule
45 of the said Rules, citing as legal basis the absence of reversible
error committed in the challenged decision, resolution, or order of
the court below; (3) dismisses an administrative complaint, citing as
legal basis failure to show a prima facie case against the
respondent; (4) denies a motion for reconsideration, citing as legal
basis the absence of a compelling or cogent reason to grant the
motion, or the failure to raise any substantial argument to support
such motion or the decision of the Court has already passed upon
the basic issues in the case; and (5) dismisses or denies a petition
on technical grounds or deficiencies.
21. Rule 13, Section 10
SEC. 10. Release of decisions and resolutions. — The Clerk of Court or
the Division Clerk of Court shall immediately release every decision or resolution
from receipt of the same from the O ce of the Chief Justice, indicating the date
and hour of promulgation and a xing his or her signature underneath such date
and hour. In the absence of the Clerk of Court or the Assistant Clerk of Court, the
Division Clerks of Court or their assistants shall release the decisions of the Court
en banc.
22. Rule 14, Section 1
SECTION 1. Promulgation. — The date of promulgation shall be the
CD Technologies Asia, Inc. 2018 cdasiaonline.com
 date the decision or resolution is approved and adopted.

23. Rule 15, Section 1 (b)

SECTION 1. Finality of decisions and resolutions. — A decision or
resolution of the Court may be deemed nal after the lapse of fteen days from
receipt by the parties of a copy of the same subject to the following:
xxx xxx xxx
(b) if the Judgment Division is unable to retrieve the registry return
card within thirty (30) days from mailing, it shall immediately
inquire from the receiving post o ce on (i) the date when the
addressee received the mailed decision or resolution; and (ii) who
received the same, with the information provided by authorized
personnel of the said post o ce serving as the basis for the
computation of the fifteen-day period.caHIAS

24. Rule 16, Section 2

SEC. 2. How entry of judgment is made. — The entry of judgment shall
be in the form of a certi cation indicating the date when the nal decision or
resolution of the Court has become executory and entered in the Book of
Judgments. The entry shall restate the dispositive portion of the judgment or nal
resolution, and be duly signed by the Chief or the Assistant Chief of the Judicial
Records O ce and a photocopy thereof with the appropriate Supreme Court Seal
shall be furnished the parties.

25. Rule 16, Section 3

SEC. 3. Time frame for entry of judgment. — Unless the Court requires
an immediate entry of judgment or the judgment is one of acquittal, the Judicial
Records O ce shall enter judgment after fteen (15) days for Luzon, twenty (20)
days for Visayas and thirty (30) days for Mindanao from the expiration of the
fifteen-day reglementary period for filing a motion for reconsideration.

NOW THEREFORE, acting on the recommendation of the Sub-Committee on the

Internal Rules of the Supreme Court submitting for this Court's consideration and
approval the proposed amendments to The Internal Rules of the Supreme Court, the
Court Resolved to APPROVE the same.

(SGD.) RENATO C. CORONA

Chief Justice
Supreme Court of the Philippines

(SGD.) ANTONIO T. CARPIO

Associate Justice
Supreme Court of the Philippines

(SGD.) CONCHITA CARPIO MORALES

Associate Justice
Supreme Court of the Philippines

CD Technologies Asia, Inc. 2018 cdasiaonline.com

 on official leave
PRESBITERO J. VELASCO, JR.
Associate Justice
Supreme Court of the Philippines

(SGD.) ANTONIO EDUARDO B. NACHURA

Associate Justice
Supreme Court of the Philippines

(SGD.) TERESITA J. LEONARDO-DE CASTRO

Associate Justice
Supreme Court of the Philippines

on official leave
ARTURO D. BRION
Associate Justice
Supreme Court of the Philippines

(SGD.) DIOSDADO M. PERALTA

Associate Justice
Supreme Court of the Philippines

(SGD.) LUCAS P. BERSAMIN

Associate Justice
Supreme Court of the Philippines

(SGD.) MARIANO C. DEL CASTILLO

Associate Justice
Supreme Court of the Philippines

(SGD.) ROBERTO A. ABAD

Associate Justice
Supreme Court of the Philippines

(SGD.) MARTIN S. VILLARAMA, JR.

Associate Justice
Supreme Court of the Philippines

(SGD.) JOSE PORTUGAL PEREZ

Associate Justice
Supreme Court of the Philippines

(SGD.) JOSE CATRAL MENDOZA

Associate Justice
Supreme Court of the Philippines

CD Technologies Asia, Inc. 2018 cdasiaonline.com

CD Technologies Asia, Inc. 2018 cdasiaonline.com