A.M. No.

07-7-12-SC December 4, 2007

AMENDMENTS TO RULES 41, 45, 58 AND 65 OF THE RULES OF COURT

RULE 41

SECTION 1. Subject of appeal. – An appeal may be taken from a judgment or final order that
completely disposes of the case, or of a particular matter therein when declared by these Rules to be
appealable.

No appeal may be taken from:

a. An order denying a petition for relief or any similar motion seeking relief from judgment;
b. An interlocutory order;
c. An order disallowing or dismissing an appeal;
d. An order denying a motion to set aside a judgment by consent, confession or
compromise on the ground of fraud, mistake or duress, or any other ground vitiating
consent;
e. An order of execution;
f. A judgment or final order for or against one or more of several parties or in separate
claims, counterclaims, cross-claims and third-party complaints, while the main case is
pending, unless the court allows an appeal therefrom; and
g. An order dismissing an action without prejudice.

In any of the foregoing circumstances, the aggrieved party may file an appropriate special civil action
as provided in Rule 65.

RULE 45

SECTION 1. Filing of petition with Supreme Court. – A party desiring to appeal by certiorari from a
judgment, final order or resolution of the Court of Appeals, the Sandiganbayan, the Court of Tax
Appeals, the Regional Trial Court or other courts, whenever authorized by law, may file with the
Supreme Court a verified petition for review on certiorari. The petition may include an application for
a writ of preliminary injunction or other provisional remedies and shall raise only questions of law,
which must be distinctly set forth. The petitioner may seek the same provisional remedies by verified
motion filed in the same action or proceeding at any time during its pendency.

RULE 58

SEC. 5. Preliminary injunction not granted without notice; exception. – No preliminary injunction shall
be granted without hearing and prior notice to the party or persons sought to be enjoined. If it shall
appear from facts shown by affidavits or by the verified application that great or irreparable injury would
result to the applicant before the matter can be heard on notice, the court to which the application for
preliminary injunction was made, may issue ex parte a temporary restraining order to be effective only
for a period of twenty (20) days from service on the party or person sought to be enjoined, except as
herein provided. Within the twenty-day period, the court must order said party or person to show cause
at a specified time and place, why the injunction should not be granted. The court shall also determine,
within the same period, whether or not the preliminary injunction shall be granted, and accordingly
issue the corresponding order.
However, subject to the provisions of the preceding sections, if the matter is of extreme urgency and
the applicant will suffer grave injustice and irreparable injury, the executive judge of a multiple-sala
court or the presiding judge of a single-sala court may issue ex parte a temporary restraining order
effective for only seventy-two (72) hours from issuance, but shall immediately comply with the
provisions of the next preceding section as to service of summons and the documents to be served
therewith. Thereafter, within the aforesaid seventy-two (72) hours, the judge before whom the case is
pending shall conduct a summary hearing to determine whether the temporary restraining order shall
be extended until the application for preliminary injunction can be heard. In no case shall the total
period of effectivity of the temporary restraining order exceed twenty (20) days, including the original
seventy-two hours provided herein.

In the event that the application for preliminary injunction is denied or not resolved within the said
period, the temporary restraining order is deemed automatically vacated. The effectivity of a temporary
restraining order is not extendible without need of any judicial declaration to that effect, and no court
shall have authority to extend or renew the same on the same ground for which it was issued.

However, if issued by the Court of Appeals or a member thereof, the temporary restraining order shall
be effective for sixty (60) days from service on the party or person sought to be enjoined. A restraining
order issued by the Supreme Court or a member thereof shall be effective until further orders.

The trial court, the Court of Appeals, the Sandiganbyan or the Court of Tax Appeals that issued a writ
of preliminary injunction against a lower court, board, officer, or quasi-judicial agency shall decide the
main case or petition within six (6) months from the issuance of the writ.

RULE 65

Sec. 4. When and where to file the petition. – The petition shall be filed not later than sixty (60) days
from notice of the judgment, order or resolution. In case a motion for reconsideration or new trial is
timely filed, whether such motion is required or not, the petition shall be filed not later than sixty (60)
days counted from the notice of the denial of the motion.

If the petition relates to an act or an omission of a municipal trial court or of a corporation, a board, an
officer or a person, it shall be filed with the Regional Trial Court exercising jurisdiction over the territorial
area as defined by the Supreme Court. It may also be filed with the Court of Appeals or with the
Sandiganbayan, whether or not the same is in aid of the court’s appellate jurisdiction. If the petition
involves an act or an omission of a quasi-judicial agency, unless otherwise provided by law or these
rules, the petition shall be filed with and be cognizable only by the Court of Appeals.

In election cases involving an act or an omission of a municipal or a regional trial court, the petition
shall be filed exclusively with the Commission on Elections, in aid of its appellate jurisdiction.

Sec. 7. Expediting proceedings; injunctive relief. – The court in which the petition is filed may issue
orders expediting the proceedings, and it may also grant a temporary restraining order or a writ of
preliminary injunction for the preservation of the rights of the parties pending such proceedings. The
petition shall not interrupt the course of the principal case, unless a temporary restraining order or a
writ of preliminary injunction has been issued, enjoining the public respondent from further proceeding
with the case.

The public respondent shall proceed with the principal case within ten (10) days from the filing of a
petition for certiorari with a higher court or tribunal, absent a temporary restraining order or a
preliminary injunction, or upon its expiration. Failure of the public respondent to proceed with the
principal case may be a ground for an administrative charge.
Sec. 8. Proceedings after comment is filed. – After the comment or other pleadings required by the
court are filed, or the time for the filing thereof has expired, the court may hear the case or require the
parties to submit memoranda. If, after such hearing or filing of memoranda or upon the expiration of
the period for filing, the court finds that the allegations of the petition are true, it shall render judgment
for such relief to which the petitioner is entitled.

However, the court may dismiss the petition if it finds the same patently without merit or prosecuted
manifestly for delay, or if the questions raised therein are too unsubstantial to require consideration.
In such event, the court may award in favor of the respondent treble costs solidarily against the
petitioner and counsel, in addition to subjecting counsel to administrative sanctions under Rules 139
and 139-B of the Rules of Court.

The Court may impose motu proprio, based on res ipsa loquitur, other disciplinary sanctions or
measures on erring lawyers for patently dilatory and unmeritorious petitions for certiorari.