1997 Rules on Civil Procedure Rule 56

2001 Edition <draft copy. pls. check for errors> Procedure in the Supreme Court

Rule 56
PROCEDURE IN THE SUPREME COURT

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

What are the original cases cognizable by the SC?

A.) ORIGINAL CASES

SECTION 1. Original cases cognizable. – Only petitions for certiorari,

prohibition, mandamus, quo warranto, habeas corpus, disciplinary proceedings
against members of the judiciary and attorneys, and cases affecting
ambassadors, other public ministers and consuls may be filed originally in
the Supreme Court. (n)

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

SEC. 2. Rules applicable. – The procedure in original cases for

certiorari, prohibition, mandamus, quo warranto and habeas corpus shall be
in accordance with the applicable provisions of the Constitution, laws, and
Rules 46,48, 49, 51, 52 and this Rule, subject to the following provisions:
a.) All references in said Rules to the Court of Appeals shall be
understood to also apply to the Supreme Court;
b.) The portions of said Rules dealing strictly with and specifically
intended for appealed cases in the Court of Appeals shall not be applicable;
and
c.) Eighteen (18) clearly legible copies of the petition shall be filed,
together with proof of service on all adverse parties.
The proceedings for disciplinary action against members of the judiciary
shall be governed by the laws and Rules prescribed therefor, and those
against attorneys by Rule 139-B, as amended. (n)

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

shall be understood to also apply to the Supreme Court

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

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

This is more of legal and judicial ethics.

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

Q: How about subsequent pleadings? How many copies?

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

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

B. APPEALED CASES

SEC. 3. Mode of appeal. – An appeal to the Supreme Court may be taken

only by a petition for review on certiorari, except in criminal cases where
the penalty imposed is death, reclusion perpetua or life imprisonment. (n)

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

Please connect this with Rule 45, Section 9:

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

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

Q: What are the grounds for dismissal of an appeal before the SC?
A: Section 5:

Section 5. Grounds for dismissal of appeal.- The appeal may be dismissed

motu propio or on motion of the respondent on the following grounds:
a. Failure to take the appeal within the reglementary period;
b. Lack of merit in the petition;
c. Failure to pay the requisite docket fee and other lawful fees or to
make a deposit for costs;
d. Failure to comply with the requirements regarding [proof of service
and contents of and the documents which should accompany the petition;
e. Failure to comply with any circular, directive or order of the Supreme
Court without justifiable cause;
f. Error in the choice of mode of appeal; and
g. The fact that the case is not appealable to the Supreme Court.

Connect Rule 56, Section 5 with Rule 45, Section 5. The grounds are identical, to wit:

Rule 45, Sec. 5. Dismissal or denial of petition. The failure of the

petitioner to comply with any of the foregoing requirement regarding the
payment of the docket and other lawful fees, deposit for costs, proof of
service of the petition, and the contents of and the documents which should
accompany the petition shall be sufficient ground for the dismissal thereof.
The Supreme Court may on its own initiative deny the petition on the
ground that the appeal is without merit, or is prosecuted manifestly for
delay or that the questions raised therein are too unsubstantial to require
consideration.

Sec. 6. Disposition of improper appeal – Except as provided in section 3,

Rule 122 regarding appeals in criminal cases where the penalty imposed is
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death, reclusion perpetua or life imprisonment, an appeal taken to the

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

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

Q: If the appeal is on pure question of law (it should be before the SC) and by mistake the party
appealed to the CA, what will happen?
A: The appeal will be dismissed under Rule 50. The CA will not endorse the case to the SC.

Q: Suppose you will appeal by certiorari to the SC under Rule 45. Tapos, halo pala – hindi
naman pala question of law lahat – may kasamang question of fact. What will happen now in the
appeal?
A: Under Rule 56, Section 6, the SC may or may not dismiss the appeal. It may refer the matter
to the CA – baliktad noh? So it is not the same as Rule 50, Section 2.

Section 7. Procedure if opinion is divided. Where the court en banc is

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

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

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

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

EN BANC CASES

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

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

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

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

2.) Criminal cases in which the appealed decision imposes death penalty; Criminal cases where
a change of venue is required to avoid miscarriage of justice where SC has to make an
order to change the venue;
Pag reclusion perpetua, hindi man yan en banc ba! Only for death penalty.

3.) Cases raising novel questions of law;

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

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

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

6.) Cases in which the penalty involved is a dismissal of the judge, officer or employee of the
judiciary, disbarment of a lawyer or even suspension of any of them for a period of more
than one (1) year of fine exceeding P10,000.
Tignan mo sa SCRA. Pag ang penalty is removal of a judge or disbarment, en banc yan.
And sometimes, you cannot even identify who is the ponente. Ang tawag diyan per
curiae. The ponente is not identified.

7.) Cases where a doctrine or principle of law laid down by the Court en banc or division may
be modified or reversed;
A decision by a division can only be reversed by the SC en banc. The same is true in a
decision previously decided en banc. Only SC en banc can change its mind and reverse its
previous ruling.

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

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

Example: A case is assigned to a division. After deliberating, majority of the 5 hold

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

BAR QUESTION : A lost in an appealed decision. He filed a motion for

reconsideration. He is insisting that his motion be resolved by the entire membership of
the SC. Can he insist that his motion for reconsideration be heard by the entire
membership of the SC en banc when he lost in a division?
A: NO, because the SC en banc is not a separate court from one of its divisions. You
cannot say that a decision by a division can be appealed to the SC en banc because it is
the same court. The best that can happen to you is you convince the members of the
same division to refer the matter to the entire court en banc and try to convince the
majority of the court en banc to accept it. That is the correct move.

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

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

-oOo-

published by

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LAKAS ATENISTA 1997 – 1998: FOURTH YEAR: Anna Vanessa Angeles • Glenda Buhion •
Joseph Martin Castillo • Aaron Philip Cruz • Pearly Joan Jayagan • Anderson Lo •
Yogie Martirizar • Frecelyn Mejia • Dorothy Montejo • Rowena Panales • Regina Sison •
Ruby Teleron • Marilou Timbol • Maceste Uy • Perla Vicencio • Liberty Wong • Jude Zamora •
Special Thanks to: Marissa Corrales and July Romena

SECOND YEAR: Jonalyn Adiong • Emily Aliño • Karen Allones • Joseph Apao •
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LAKAS ATENISTA 2001–2002: REVISION COMMITTEE: Melissa Suarez • Jessamyn Agustin •

Judee Uy • Janice Joanne Torres • Genie Salvania • Pches Fernandez • Riezl Locsin •
Kenneth Lim • Charles Concon • Roy Acelar • Francis Ampig • Karen Cacabelos •
Maying Dadula • Hannah Examen • Thea Guadalope • Myra Montecalvo • Paul Ongkingco •
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