RULE 43 deposit for costs within fifteen (15) days from notice of the

denial. (n)
Appeals From the Court of Tax Appeals and Quasi-Judicial
Agencies to the Court of Appeals Section 6. Contents of the petition. — The petition for review
shall (a) state the full names of the parties to the case, without
Section 1. Scope. — This Rule shall apply to appeals from impleading the court or agencies either as petitioners or
judgments or final orders of the Court of Tax Appeals and from respondents; (b) contain a concise statement of the facts and
awards, judgments, final orders or resolutions of or authorized issues involved and the grounds relied upon for the review; (c)
by any quasi-judicial agency in the exercise of its quasi-judicial be accompanied by a clearly legible duplicate original or a
functions. Among these agencies are the Civil Service certified true copy of the award, judgment, final order or
Commission, Central Board of Assessment Appeals, Securities resolution appealed from, together with certified true copies
and Exchange Commission, Office of the President, Land of such material portions of the record referred to therein and
Registration Authority, Social Security Commission, Civil other supporting papers; and (d) contain a sworn certification
Aeronautics Board, Bureau of Patents, Trademarks and against forum shopping as provided in the last paragraph of
Technology Transfer, National Electrification Administration, section 2, Rule 42. The petition shall state the specific material
Energy Regulatory Board, National Telecommunications dates showing that it was filed within the period fixed herein.
Commission, Department of Agrarian Reform under Republic (2a)
Act No. 6657, Government Service Insurance System,
Employees Compensation Commission, Agricultural Invention Section 7. Effect of failure to comply with requirements. — The
Board, Insurance Commission, Philippine Atomic Energy failure of the petitioner to comply with any of the foregoing
Commission, Board of Investments, Construction Industry requirements regarding the payment of the docket and other
Arbitration Commission, and voluntary arbitrators authorized lawful fees, the deposit for costs, proof of service of the
by law. (n) petition, and the contents of and the documents which should
accompany the petition shall be sufficient ground for the
Section 2. Cases not covered. — This Rule shall not apply to dismissal thereof. (n)
judgments or final orders issued under the Labor Code of the
Philippines. (n) Section 8. Action on the petition. — The Court of Appeals may
require the respondent to file a comment on the petition not a
Section 3. Where to appeal. — An appeal under this Rule may motion to dismiss, within ten (10) days from notice, or dismiss
be taken to the Court of Appeals within the period and in the the petition if it finds the same to be patently without merit,
manner herein provided, whether the appeal involves prosecuted manifestly for delay, or that the questions raised
questions of fact, of law, or mixed questions of fact and law. therein are too unsubstantial to require consideration. (6a)
(n)
Section 9. Contents of comment. — The comment shall be
Section 4. Period of appeal. — The appeal shall be taken filed within ten (10) days from notice in seven (7) legible
within fifteen (15) days from notice of the award, judgment, copies and accompanied by clearly legible certified true copies
final order or resolution, or from the date of its last of such material portions of the record referred to therein
publication, if publication is required by law for its effectivity, together with other supporting papers. The comment shall (a)
or of the denial of petitioner's motion for new trial or point out insufficiencies or inaccuracies in petitioner's
reconsideration duly filed in accordance with the governing statement of facts and issues; and (b) state the reasons why
law of the court or agency a quo. Only one (1) motion for the petition should be denied or dismissed. A copy thereof
reconsideration shall be allowed. Upon proper motion and the shall be served on the petitioner, and proof of such service
payment of the full amount of the docket fee before the shall be filed with the Court of Appeals. (9a)
expiration of the reglementary period, the Court of Appeals
may grant an additional period of fifteen (15) days only within Section 10. Due course. — If upon the filing of the comment or
which to file the petition for review. No further extension shall such other pleadings or documents as may be required or
be granted except for the most compelling reason and in no allowed by the Court of Appeals or upon the expiration of the
case to exceed fifteen (15) days. (n) period for the filing thereof, and on the records the Court of
Appeals finds prima facie that the court or agency concerned
Section 5. How appeal taken. — Appeal shall be taken by filing has committed errors of fact or law that would warrant
a verified petition for review in seven (7) legible copies with reversal or modification of the award, judgment, final order or
the Court of Appeals, with proof of service of a copy thereof resolution sought to be reviewed, it may give due course to
on the adverse party and on the court or agency a quo. The the petition; otherwise, it shall dismiss the same. The findings
original copy of the petition intended for the Court of Appeals of fact of the court or agency concerned, when supported by
shall be indicated as such by the petitioner. substantial evidence, shall be binding on the Court of Appeals.
(n)
Upon the filing of the petition, the petitioner shall pay to the
clerk of court of the Court of Appeals the docketing and other Section 11. Transmittal of record. — Within fifteen (15) days
lawful fees and deposit the sum of P500.00 for costs. from notice that the petition has been given due course, the
Exemption from payment of docketing and other lawful fees Court of Appeals may require the court or agency concerned
and the deposit for costs may be granted by the Court of to transmit the original or a legible certified true copy of the
Appeals upon a verified motion setting forth valid grounds entire record of the proceeding under review. The record to be
therefor. If the Court of Appeals denies the motion, the transmitted may be abridged by agreement of all parties to
petitioner shall pay the docketing and other lawful fees and
the proceeding. The Court of Appeals may require or permit duty of said court to take appropriate action towards the
subsequent correction of or addition to the record. (8a) completion of the record within the shortest possible time. (n)

Section 12. Effect of appeal. — The appeal shall not stay the Section 6. Dispensing with complete record. — Where the
award, judgment, final order or resolution sought to be completion of the record could not be accomplished within a
reviewed unless the Court of Appeals shall direct otherwise sufficient period allotted for said purpose due to insuperable
upon such terms as it may deem just. (10a) or extremely difficult causes, the court, on its own motion or
on motion of any of the parties, may declare that the record
Section 13. Submission for decision. — If the petition is given and its accompanying transcripts and exhibits so far available
due course, the Court of Appeals may set the case for oral are sufficient to decide the issues raised in the appeal, and
argument or require the parties to submit memoranda within shall issue an order explaining the reasons for such
a period of fifteen (15) days from notice. The case shall be declaration. (n)
deemed submitted for decision upon the filing of the last
pleading or memorandum required by these Rules or by the Section 7. Appellant's brief. — It shall be the duty of the
court of Appeals. (n) appellant to file with the court, within forty-five (45) days from
receipt of the notice of the clerk that all the evidence, oral and
Procedure in the Court of Appeals documentary, are attached to the record, seven (7) copies of
his legibly typewritten, mimeographed or printed brief, with
proof of service of two (2) copies thereof upon the appellee.
RULE 44
(10a, R46)

Ordinary Appealed Cases

Section 8. Appellee's brief. — Within forty-five (45) days from
receipt of the appellant's brief, the appellee shall file with the
Section 1. Title of cases. — In all cases appealed to the Court court seven (7) copies of his legibly typewritten,
of Appeals under Rule 41, the title of the case shall remain as mimeographed or printed brief, with proof of service of two
it was in the court of origin, but the party appealing the case (2) copies thereof upon the appellant. (11a, R46)
shall be further referred to as the appellant and the adverse
party as the appellee. (1a, R46)
Section 9. Appellant's reply brief. — Within twenty (20) days
from receipt of the appellee's brief, the appellant may file a
Section 2. Counsel and guardians. — The counsel and reply brief answering points in the appellee's brief not covered
guardians ad litem of the parties in the court of origin shall be in his main brief. (12a, R46)
respectively considered as their counsel and guardians ad
litem in the Court of Appeals. When others appear or are
Section 10. Time of filing memoranda in special cases. —
appointed, notice thereof shall be served immediately on the
In certiorari, prohibition, mandamus, quo
adverse party and filed with the court. (2a, R46)
warranto and habeas corpus cases, the parties shall file in lieu
of briefs, their respective memoranda within a non-extendible
Section 3. Order of transmittal of record. — If the original period of thirty (30) days from receipt of the notice issued by
record or the record on appeal is not transmitted to the Court the clerk that all the evidence, oral and documentary, is
of Appeals within thirty (30) days after the perfection of the already attached to the record. (13a, R46)
appeal, either party may file a motion with the trial court, with
notice to the other, for the transmittal of such record or record
The failure of the appellant to file his memorandum within the
on appeal. (3a, R46)
period therefor may be a ground for dismissal of the appeal.
(n)
Section 4. Docketing of case. — Upon receiving the original
record or the record on appeal and the accompanying
Section 11. Several appellants or appellees or several counsel
documents and exhibits transmitted by the lower court, as
for each party. — Where there are several appellants or
well as the proof of payment of the docket and other lawful
appellees, each counsel representing one or more but not all
fees, the clerk of court of the Court of Appeals shall docket the
of them shall be served with only one copy of the briefs. When
case and notify the parties thereof. (4a, R46)
several counsel represent one appellant or appellee, copies of
the brief may be served upon any of them. (14a, R46)
Within ten (10) days from receipt of said notice, the appellant,
in appeals by record on appeal, shall file with the clerk of court
Section 12. Extension of time for filing briefs. — Extension of
seven (7) clearly legible copies of the approved record on
time for the filing of briefs will not be allowed, except for good
appeal, together with the proof of service of two (2) copies
and sufficient cause, and only if the motion for extension is
thereof upon the appellee.
filed before the expiration of the time sought to be extended.
(15, R46)
Any unauthorized alteration, omission or addition in the
approved record on appeal shall be a ground for dismissal of
Section 13. Contents of appellant's brief. — The appellant's
the appeal. (n)
brief shall contain, in the order herein indicated, the following:

Section 5. Completion of record. — Where the record of the

(a) A subject index of the matter in the brief with a
docketed case is incomplete, the clerk of court of the Court of
digest of the arguments and page references, and a
Appeals shall so inform said court and recommend to it
table of cases alphabetically arranged, textbooks and
measures necessary to complete the record. It shall be the
 statutes cited with references to the pages where assignment of error with page references to the
they are cited; record. The authorities relied on shall be cited by the
page of the report at which the case begins and the
(b) An assignment of errors intended to be urged, page of the report on which the citation is found.
which errors shall be separately, distinctly and (17a, R46)
concisely stated without repetition and numbered
consecutively; Section 15. Questions that may be raised on appeal. —
Whether or not the appellant has filed a motion for new trial
(c) Under the heading "Statement of the Case," a in the court below he may include in his assignment of errors
clear and concise statement of the nature of the any question of law or fact that has been raised in the court
action, a summary of the proceedings, the appealed below and which is within the issues framed by the parties.
rulings and orders of the court, the nature of the (18, R46)
judgment and any other matters necessary to an
understanding of the nature of the controversy with RULE 45
page references to the record;
Appeal by Certiorari to the Supreme Court
(d) Under the heading "Statement of Facts," a clear
and concise statement in a narrative form of the Section 1. Filing of petition with Supreme Court. — A party
facts admitted by both parties and of those in desiring to appeal by certiorari from a judgment or final order
controversy, together with the substance of the or resolution of the Court of Appeals, the Sandiganbayan, the
proof relating thereto in sufficient detail to make it Regional Trial Court or other courts whenever authorized by
clearly intelligible, with page references to the law, may file with the Supreme Court a verified petition for
record; review on certiorari. The petition shall raise only questions of
law which must be distinctly set forth. (1a, 2a)
(e) A clear and concise statement of the issues of
fact or law to be submitted, to the court for its Section 2. Time for filing; extension. — The petition shall be
judgment; filed within fifteen (15) days from notice of the judgment or
final order or resolution appealed from, or of the denial of the
(f) Under the heading "Argument," the appellant's petitioner's motion for new trial or reconsideration filed in due
arguments on each assignment of error with page time after notice of the judgment. On motion duly filed and
references to the record. The authorities relied upon served, with full payment of the docket and other lawful fees
shall be cited by the page of the report at which the and the deposit for costs before the expiration of the
case begins and the page of the report on which the reglementary period, the Supreme Court may for justifiable
citation is found; reasons grant an extension of thirty (30) days only within
which to file the petition. (1a, 5a)
(g) Under the heading "Relief," a specification of the
order or judgment which the appellant seeks; and Section 3. Docket and other lawful fees; proof of service of
petition. — Unless he has theretofore done so, the petitioner
(h) In cases not brought up by record on appeal, the shall pay the corresponding docket and other lawful fees to
appellant's brief shall contain, as an appendix, a the clerk of court of the Supreme Court and deposit the
copy of the judgment or final order appealed from. amount of P500.00 for costs at the time of the filing of the
(16a, R46) petition. Proof of service of a copy, thereof on the lower court
concerned and on the adverse party shall be submitted
together with the petition. (1a)
Section 14. Contents of appellee's brief. — The appellee's brief
shall contain, in the order herein indicated the following:
Section 4. Contents of petition. — The petition shall be filed in
eighteen (18) copies, with the original copy intended for the
(a) A subject index of the matter in the brief with a
court being indicated as such by the petitioner and shall (a)
digest of the arguments and page references, and a
state the full name of the appealing party as the petitioner
table of cases alphabetically arranged, textbooks and
and the adverse party as respondent, without impleading the
statutes cited with references to the pages where
lower courts or judges thereof either as petitioners or
they are cited;
respondents; (b) indicate the material dates showing when
notice of the judgment or final order or resolution subject
(b) Under the heading "Statement of Facts," the thereof was received, when a motion for new trial or
appellee shall state that he accepts the statement of reconsideration, if any, was filed and when notice of the denial
facts in the appellant's brief, or under the heading thereof was received; (c) set forth concisely a statement of the
"Counter-Statement of Facts," he shall point out matters involved, and the reasons or arguments relied on for
such insufficiencies or inaccuracies as he believes the allowance of the petition; (d) be accompanied by a clearly
exist in the appellant's statement of facts with legible duplicate original, or a certified true copy of the
references to the pages of the record in support judgment or final order or resolution certified by the clerk of
thereof, but without repetition of matters in the court of the court a quo and the requisite number of plain
appellant's statement of facts; and copies thereof, and such material portions of the record as
would support the petition; and (e) contain a sworn
(c) Under the heading "Argument," the appellee certification against forum shopping as provided in the last
shall set forth his arguments in the case on each paragraph of section 2, Rule 42. (2a)
Section 5. Dismissal or denial of petition. — The failure of the Section 2. To what actions applicable. — This Rule shall apply
petitioner to comply with any of the foregoing requirements to original actions for certiorari, prohibition, mandamus
regarding the payment of the docket and other lawful fees, and quo warranto.
deposit for costs, proof of service of the petition, and the
contents of and the documents which should accompany the Except as otherwise provided, the actions for annulment of
petition shall be sufficient ground for the dismissal thereof. judgment shall be governed by Rule 47, for certiorari,
prohibition and mandamus by Rule 65, and for quo
The Supreme Court may on its own initiative deny the petition warranto by Rule 66. (n)
on the ground that the appeal is without merit, or is
prosecuted manifestly for delay, or that the questions raised Section 3. Contents and filing of petition; effect of
therein are too unsubstantial to require consideration. (3a) noncompliance with requirements. — The petition shall
contain the full names and actual addresses of all the
Section 6. Review discretionary. — A review is not a matter of petitioners and respondents, a concise statement of the
right, but of sound judicial discretion, and will be granted only matters involved, the factual background of the case, and the
when there are special and important reasons thereof. The grounds relied upon for the relief prayed for.
following, while neither controlling nor fully measuring the
court's discretion, indicate the character of the reasons which In actions filed under Rule 65, the petition shall further
will be considered: indicate the material dates showing when notice of the
judgment or final order or resolution subject thereof was
(a) When the court a quo has decided a question of received, when a motion for new trial or reconsideration, if
substance, not theretofore determined by the any, was filed and when notice of the denial thereof was
Supreme Court, or has decided it in a way probably received.
not in accord with law or with the applicable
decisions of the Supreme Court; or It shall be filed in seven (7) clearly legible copies together with
proof of service thereof on the respondent with the original
(b) When the court a quo has so far departed from copy intended for the court indicated as such by the
the accepted and usual course of judicial petitioner, and shall be accompanied by a clearly legible
proceedings, or so far sanctioned such departure by duplicate original or certified true copy of the judgment, order,
a lower court, as to call for an exercise of the power resolution, or ruling subject thereof, such material portions of
of supervision. (4a) the record as are referred to therein, and other documents
relevant or pertinent thereto. The certification shall be
Section 7. Pleadings and documents that may be accomplished by the proper clerk of court or by his duly
required; sanctions. — For purposes of determining whether authorized representative, or by the proper officer of the
the petition should be dismissed or denied pursuant to section court, tribunal, agency or office involved or by his duly
5 of this Rule, or where the petition is given due course under authorized representative. The other requisite number of
section 8 hereof, the Supreme Court may require or allow the copies of the petition shall be accompanied by clearly legible
filing of such pleadings, briefs, memoranda or documents as it plain copies of all documents attached to the original.
may deem necessary within such periods and under such
conditions as it may consider appropriate, and impose the The petitioner shall also submit together with the petition a
corresponding sanctions in case of non-filing or unauthorized sworn certification that he has not theretofore commenced
filing of such pleadings and documents or non-compliance any other action involving the same issues in the Supreme
with the conditions therefor. (n) Court, the Court of Appeals or different divisions thereof, or
any other tribunal or agency; if there is such other action or
Section 8. Due course; elevation of records. — If the petition is proceeding, he must state the status of the same; and if he
given due course, the Supreme Court may require the should thereafter learn that a similar action or proceeding has
elevation of the complete record of the case or specified parts been filed or is pending before the Supreme Court, the Court
thereof within fifteen (15) days from notice. (2a) of Appeals, 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
Section 9. Rule applicable to both civil and criminal cases. —
therefrom.
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 The petitioner shall pay the corresponding docket and other
imprisonment. (n) lawful fees to the clerk of court and deposit the amount of
P500.00 for costs at the time of the filing of the petition.
RULE 46
The failure of the petitioner to comply any of the
requirements shall be sufficient ground for the dismissal of the
Original Cases
petition. (n; Bar Matter No. 803, 21 July 1998)

Section 1. Title of cases. — In all cases originally filed in the

Section 4. Jurisdiction over person of respondent, how
Court of Appeals, the party instituting the action shall be
acquired. — The court shall acquire jurisdiction over the
called the petitioner and the opposing party the respondent.
person of the respondent by the service on him of its order or
(1a)
resolution indicating its initial action on the petition or by his
voluntary submission to such jurisdiction. (n)
Section 5. Action by the court. — The court may dismiss the action or proceeding has been filed or is pending before the
petition outright with specific reasons for such dismissal or Supreme Court, the Court of Appeals, or different divisions
require the respondent to file a comment on the same within thereof, or any other tribunal or agency, he undertakes to
ten (10) days from notice. Only pleadings required by the promptly inform the aforesaid courts and other tribunal or
court shall be allowed. All other pleadings and papers, may be agency thereof within five (5) days therefrom. (n)
filed only with leave of court. (n)
Section 5. Action by the court. — Should the court find no
Section 6. Determination of factual issues. — Whenever substantial merit in the petition, the same may be dismissed
necessary to resolve factual issues, the court itself may outright with specific reasons for such dismissal.
conduct hearings thereon or delegate the reception of the
evidence on such issue to any of its members or to an Should prima facie merit be found in the petition, the same
appropriate court, agency or office. (n) shall be given due course and summons shall be served on the
respondent. (n)
Section 7. Effect of failure to file comment. — When no
comment is filed by any of the respondents, the case may be Section 6. Procedure. — The procedure in ordinary civil cases
decided on the basis of the record, without prejudice to any shall be observed. Should trial be necessary, the reception of
disciplinary action which the court may take against the the evidence may be referred to a member of the court or a
disobedient party. (n) judge of a Regional Trial Court. (n)

RULE 47 Section 7. Effect of judgment. — A judgment of annulment

shall set aside the questioned judgment or final order or
Annulment of Judgments of Final Orders and Resolutions resolution and render the same null and void, without
prejudice to the original action being refiled in the proper
Section 1. Coverage. — This Rule shall govern the annulment court. However, where the judgment or final order or
by the Court of Appeals of judgments or final orders and resolution is set aside on the ground of extrinsic fraud, the
resolutions in civil actions of Regional Trial Courts for which court may on motion order the trial court to try the case as if a
the ordinary remedies of new trial, appeal, petition for relief timely motion for new trial had been granted therein. (n)
or other appropriate remedies are no longer available through
no fault of the petitioner. (n) Section 8. Suspension prescriptive period. — The prescriptive
period for the refiling of the aforesaid original action shall be
Section 2. Grounds for annulment. — The annulment may be deemed suspended from the filing of such original action until
based only on the grounds of extrinsic fraud and lack of the finality of the judgment of annulment. However, the
jurisdiction. prescriptive period shall not be suspended where the
extrinsic-fraud is attributable to the plaintiff in the original
action. (n)
Extrinsic fraud shall not be a valid ground if it was availed of,
or could have been availed of, in a motion for new trial or
petition for relief. (n) Section 9. Relief available. — The judgment of annulment may
include the award of damages, attorney's fees and other relief.
Section 3. Period for filing action. — If based on extrinsic
fraud, the action must be filed within four (4) years from its If the questioned judgment or final order or resolution had
discovery; and if based on lack of jurisdiction, before it is already been executed the court may issue such orders of
barred by laches or estoppel. (n) restitution or other relief as justice and equity may warrant
under the circumstances. (n)
Section 4. Filing and contents of petition. — The action shall
be commenced by filing a verified petition alleging therein Section 10. Annulment of judgments or final orders of
with particularity the facts and the law relied upon for Municipal Trial Courts. — An action to annul a judgment or
annulment, as well as those supporting the petitioner's good final order of a Municipal Trial Court shall be filed in the
and substantial cause of action or defense, as the case may be. Regional Trial Court having jurisdiction over the former. It shall
be treated as an ordinary civil action and sections 2, 3, 4, 7, 8
and 9 of this Rule shall be applicable thereto. (n)
The petition shall be filed in seven (7) clearly legible copies,
together with sufficient copies corresponding to the number
of respondents. A certified true copy of the judgment or final RULE 48
order or resolution shall be attached to the original copy of
the petition intended for the court and indicated as such by Preliminary Conference
the petitioner.
Section 1. Preliminary conference. — At any time during the
The petitioner shall also submit together with the petition pendency of a case, the court may call the parties and their
affidavits of witnesses or documents supporting the cause of counsel to a preliminary conference.
action or defense and a sworn certification that he has not
theretofore commenced any other action involving the same (a) To consider the possibility of an amicable
issues in the Supreme Court, the Court of Appeals or different settlement, except when the case is not allowed by
divisions thereof, or any other tribunal or agency if there is law to be compromised
such other action or proceeding, he must state the status of
the same, and if he should thereafter learn that a similar
 (b) To define, simplify and clarify the issues for Section 1. Grounds for dismissal of appeal. — An appeal may
determination; be dismissed by the Court of Appeals, on its own motion or on
that of the appellee, on the following grounds:
(c) To formulate stipulations of facts and admissions
of documentary exhibits, limit the number of (a) Failure of the record on appeal to show on its
witnesses to be presented in cases falling within the face that the appeal was taken within the period
original jurisdiction of the court, or those within its fixed by these Rules;
appellate jurisdiction where a motion for new trial is
granted on the ground of newly discovered (b) Failure to file the notice of appeal or the record
evidence; and on appeal within the period prescribed by these
Rules;
(d) To take up such other matters which may aid the
court in the prompt disposition of the case. (Rule 7, (c) Failure of the appellant to pay the docket and
CA Internal Rules) (n) other lawful fees as provided in section 5, Rule 40
and section 4 of Rule 41; (Bar Matter No. 803, 17
Section 2. Record of the conference. — The proceedings at February 1998)
such conference shall be recorded and, upon the conclusion
thereof, a resolution shall be issued embodying all the actions (d) Unauthorized alterations, omissions or additions
taken therein, the stipulations and admissions made and the in the approved record on appeal as provided in
issues defined. (n) section 4 of Rule 44;

Section 3. Binding effect of the results of the conference. — (e) Failure of the appellant to serve and file the
Subject to such modifications which may be made to prevent required number of copies of his brief or
manifest injustice, the resolution in the preceding section shall memorandum within the time provided by these
control the subsequent proceedings in the case unless, within Rules;
five (5) days from notice thereof, any party shall satisfactorily
show valid cause why the same should not be followed. (n)
(f) Absence of specific assignment of errors in the
appellant's brief, or of page references to the record
RULE 49 as required in section 13, paragraphs (a), (c), (d) and
(f) of Rule 44;
Oral Argument
(g) Failure of the appellant to take the necessary
Section 1. When allowed. — At its own instance or upon steps for the correction or completion of the record
motion of a party, the court may hear the parties in oral within the time limited by the court in its order;
argument on the merits of a case, or on any material incident
in connection therewith. (n) (h) Failure of the appellant to appear at the
preliminary conference under Rule 48 or to comply
The oral argument shall be limited to such matters as the court with orders, circulars, or directives of the court
may specify in its order or resolution. (1a, R48) without justifiable cause; and

Section 2. Conduct of oral argument. — Unless authorized by (i) The fact that the order or judgment appealed
the court, only one counsel may argue for a party. The from is not appealable. (1a)
duration allowed for each party, the sequence of the
argumentation, and all other related matters shall be as Section 2. Dismissal of improper appeal to the Court of
directed by the court. (n) Appeals. — An appeal under Rule 41 taken from the Regional
Trial Court to the Court of Appeals raising only questions of
Section 3. No hearing or oral argument for motions. — law shall be dismissed, issues purely of law not being
Motions shall not be set for hearing and, unless the court reviewable by said court. Similarly, an appeal by notice of
otherwise directs, no hearing or oral argument shall be appeal instead of by petition for review from the appellate
allowed in support thereof. The adverse party may file judgment of a Regional Trial Court shall be dismissed. (n)
objections to the motion within five (5) days from service,
upon the expiration of which such motion shall be deemed An appeal erroneously taken to the Court of Appeals shall not
submitted for resolution. (29, R49) be transferred to the appropriate court but shall be dismissed
outright. (3a)

Section 3. Withdrawal of appeal. — An appeal may be

withdrawn as of right at any time before the filing of the
appellee's brief. Thereafter, the withdrawal may be allowed in
the discretion of the court. (4a)

RULE 50 RULE 51

Dismissal of Appeal Judgment

Section 1. When case deemed submitted for judgment. — A distinctly state the findings of fact and the conclusions of law
case shall be deemed submitted for judgment: on which it is based, which may be contained in the decision
or final resolution itself, or adopted from those set forth in the
A. In ordinary appeals. — decision, order, or resolution appealed from. (Sec. 40, BP Blg.
129) (n)
1) Where no hearing on the merits of the
main case is held, upon the filing of the Section 6. Harmless error. — No error in either the admission
last pleading, brief, or memorandum or the exclusion of evidence and no error or defect in any
required by the Rules or by the court itself, ruling or order or in anything done or omitted by the trial
or the expiration of the period for its filing. court or by any of the parties is ground for granting a new trial
or for setting aside, modifying, or otherwise disturbing a
judgment or order, unless refusal to take such action appears
2) Where such a hearing is held, upon its
to the court inconsistent with substantial justice. The court at
termination or upon the filing of the last
every stage of the proceeding must disregard any error or
pleading or memorandum as may be
defect which does not affect the substantial rights of the
required or permitted to be filed by the
parties. (5a)
court, or the expiration of the period for
its filing.
Section 7. Judgment where there are several parties. — In all
actions or proceedings, an appealed judgment may be
B. In original actions and petitions for review. —
affirmed as to some of the appellants, and reversed as to
others, and the case shall thereafter be proceeded with, so far
1) Where no comment is filed, upon the as necessary, as if separate actions had been begun and
expiration of the period to comment. prosecuted, and execution of the judgment of affirmance may
be had accordingly, and costs may be adjudged in such cases,
2) Where no hearing is held, upon the as the court shall deem proper. (6)
filing of the last pleading required or
permitted to be filed by the court, or the Section 8. Questions that may be decided. — No error which
expiration of the period for its filing. does not affect the jurisdiction over the subject matter or the
validity of the judgment appealed from or the proceedings
3) Where a hearing on the merits of the therein will be considered unless stated in the assignment of
main case is held, upon its termination or errors, or closely related to or dependent on an assigned error
upon the filing of the last pleading or and properly argued in the brief, save as the court may pass
memorandum as may be required or upon plain errors and clerical errors. (7a)
permitted to be filed by the court, or the
expiration of the period for its filing. (n) Section 9. Promulgation and notice of judgment. — After the
judgment or final resolution and dissenting or separate
Section 2. By whom rendered. — The judgment shall be opinions, if any, are signed by the Justices taking part, they
rendered by the members of the court who participated in the shall be delivered for filing to the clerk who shall indicate
deliberation on the merits of the case before its assignment to thereon the date of promulgation and cause true copies
a member for the writing of the decision. (n) thereof to be served upon the parties or their counsel. (n)

Section 3. Quorum and voting in the court. — The Section 10. Entry of judgments and final resolutions. — If no
participation of all three Justices of a division shall be appeal or motion for new trial or reconsideration is filed
necessary at the deliberation and the unanimous vote of the within the time provided in these Rules, the judgment or final
three Justices shall be required for the pronouncement of a resolution shall forthwith be entered by the clerk in the book
judgment or final resolution. If the three justices do not reach of entries of judgments. The date when the judgment or final
a unanimous vote, the clerk shall enter the votes of the resolution becomes executory shall be deemed as the date of
dissenting Justices in the record. Thereafter, the Chairman of its entry. The record shall contain the dispositive part of the
the division shall refer the case, together with the minutes of judgment or final resolution and shall be signed by the clerk,
the deliberation, to the Presiding Justice who shall designate with a certificate that such judgment or final resolution has
two Justices chosen by raffle from among all the other become final and executory. (2a, R36)
members of the court to sit temporarily with them, forming a
special division of five Justices. The participation of all the five Section 11. Execution of judgment. — Except where the
members of the special division shall be necessary for the judgment or final order or resolution, or a portion thereof, is
deliberation required in section 2 of this Rule and the ordered to be immediately executory, the motion for its
concurrence of a majority of such division shall be required for execution may only be filed in the proper court after its entry.
the pronouncement of a judgment or final resolution. (2a)
In original actions in the Court of Appeals, its writ of execution
Section 4. Disposition of a case. — The Court of Appeals, in shall be accompanied by a certified true copy of the entry of
the exercise of its appellate jurisdiction, may affirm, reverse, judgment or final resolution and addressed to any appropriate
or modify the judgment or final order appealed from, and may officer for its enforcement.
direct a new trial or further proceedings to be had. (3a)
In appealed cases, where the motion for execution pending
Section 5. Form of decision. — Every decision or final appeal is filed in the Court of Appeals at a time that it is in
resolution of the court in appealed cases shall clearly and possession of the original record or the record on appeal, the
resolution granting such motion shall be transmitted to the
lower court from which the case originated, together with a
certified true copy of the judgment or final order to be RULE 54
executed, with a directive for such court of origin to issue the
proper writ for its enforcement. (n)
Internal Business

Section 1. Distribution of cases among divisions. — All the

cases of the Court of Appeals shall be allotted among the
RULE 52 different divisions thereof for hearing and decision. The Court
of Appeals, sitting en banc, shall make proper orders or rules
Motion for Reconsideration to govern the allotment of cases among the different divisions,
the constitution of such divisions, the regular rotation of
Section 1. Period for filing. — A party may file a motion for Justices among them, the filing of vacancies occurring therein,
reconsideration of a judgment or final resolution within fifteen and other matters relating to the business of the court; and
(15) days from notice thereof, with proof of service on the such rules shall continue in force until repealed or altered by
adverse party. (n) the Supreme Court. (1a)

Section 2. Second motion for reconsideration. — No second Section 2. Quorum of the court. — A majority of the actual
motion for reconsideration of a judgment or final resolution by members of the court shall constitute a quorum for its
the same party shall be entertained. (n) sessions en banc. Three members shall constitute
a quorum for the sessions of a division. The affirmative votes
of the majority of the members present shall be necessary to
Section 3. Resolution of motion. — In the Court of Appeals, a
pass a resolution of the court en banc. The affirmative votes of
motion for reconsideration shall be resolved within ninety (90)
three members of a division shall be necessary for the
days from the date when the court declares it submitted for
pronouncement of a judgment or final resolution, which shall
resolution. (n)
be reached in consultation before the writing of the opinion by
any member of the division. (Sec. 11, first par. of BP Blg. 129,
Section 4. Stay of execution. — The pendency of a motion for as amended by Sec. 6 of EO 33). (3a)
reconsideration filed on time and by the proper party shall
stay the execution of the judgment or final resolution sought
RULE 55
to be reconsidered unless the court, for good reasons, shall
otherwise direct. (n)
Publications of Judgments and Final Resolutions
RULE 53
Section 1. Publication. — The judgments and final resolutions
of the court shall be published in the Official Gazette and in
New Trial
the Reports officially authorized by the court in the language
in which they have been originally written, together with the
Section 1. Period for filing; ground. — At any time after the syllabi therefor prepared by the reporter in consultation with
appeal from the lower court has been perfected and before the writers thereof. Memoranda of all other judgments and
the Court of Appeals loses jurisdiction over the case, a party final resolutions not so published shall be made by the
may file a motion for a new trial on the ground of newly reporter and published in the Official Gazette and the
discovered evidence which could not have been discovered authorized reports. (1a)
prior to the trial in the court below by the exercise of due
diligence and which is of such a character as would probably
Section 2. Preparation of opinions for publication. — The
change the result. The motion shall be accompanied by
reporter shall prepare and publish with each reported
affidavits showing the facts constituting the grounds therefor
judgment and final resolution a concise synopsis of the facts
and the newly discovered evidence. (1a)
necessary for a clear understanding of the case, the names of
counsel, the material and controverted points involved, the
Section 2. Hearing and order. — The Court of Appeals shall authorities cited therein, and a syllabus which shall be
consider the new evidence together with that adduced at the confined to points of law. (Sec. 22a, R.A. No. 296) (n)
trial below, and may grant or refuse a new trial, or may make
such order, with notice to both parties, as to the taking of
Section 3. General make-up of volumes. — The published
further testimony, either orally in court, or by depositions, or
decisions and final resolutions of the Supreme Court shall be
render such other judgment as ought to be rendered upon
called "Philippine Reports," while those of the Court of
such terms as it may deem just. (2a)
Appeals shall be known as the "Court of Appeals Reports."
Each volume thereof shall contain a table of the cases
Section 3. Resolution of motion. — In the Court of Appeals, a reported and the cases cited in the opinions, with a complete
motion for new trial shall be resolved within ninety (90) days alphabetical index of the subject matters of the volume. It
from the date when the court declares it submitted for shall consist of not less than seven hundred pages printed
resolution. (n) upon good paper, well bound and numbered consecutively in
the order of the volumes published. (Sec. 23a, R.A. No. 296)
Section 4. Procedure in new trial. — Unless the court (n)
otherwise directs, the procedure in the new trial shall be the
same as that granted by a Regional Trial Court. (3a)
Procedure In The Supreme Court (d) Failure to comply with the requirements
regarding proof of service and contents of and the
RULE 56 documents which should accompany the petition;

A. Original Cases (e) Failure to comply with any circular, directive or

order of the Supreme Court without justifiable
cause;
Section 1. Original cases cognizable. — Only petitions
for certiorari, prohibition, mandamus, quo warranto, habeas
corpus, disciplinary proceedings against members of the (f) Error in the choice or mode of appeal; and
judiciary and attorneys, and cases affecting ambassadors,
other public ministers and consuls may be filed originally in (g) The fact that the case is not appealable to the
the Supreme Court. (n) Supreme Court. (n)

Section 2. Rules applicable. — The procedure in original cases Section 6. Disposition of improper appeal. — Except as
for certiorari, prohibition, mandamus, quo provided in section 3, Rule 122 regarding appeals in criminal
warranto and habeas corpus shall be in accordance with the cases where the penalty imposed is death, reclusion
applicable provisions of the Constitution, laws, and Rules 46, perpetua or life imprisonment, an appeal taken to the
48, 49, 51, 52 and this Rule, subject to the following Supreme Court by notice of appeal shall be dismissed.
provisions:
An appeal by certiorari taken to the Supreme Court from the
a) All references in said Rules to the Court of Appeals Regional Trial Court submitting issues of fact may be referred
shall be understood to also apply to the Supreme to the Court of Appeals for decision or appropriate action. The
Court; determination of the Supreme Court on whether or not issues
of fact are involved shall be final. (n)
b) The portions of said Rules dealing strictly with and
specifically intended for appealed cases in the Court Section 7. Procedure if opinion is equally divided. — Where
of Appeals shall not be applicable; and the court en banc is equally divided in opinion, or the
necessary majority cannot be had, the case shall again be
c) Eighteen (18) clearly legible copies of the petition deliberated on, and if after such deliberation no decision is
shall be filed, together with proof of service on all reached, the original action commenced in the court shall be
adverse parties. 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.
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 Rules 139-B, as
amended. (n)

B. Appealed Cases

Section 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)

Section 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 1, 2, and 5 to 11
of Rule 51, 52 and this Rule. (n)

Section 5. Grounds for dismissal of appeal. — The appeal may

be dismissed motu proprio 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;