A.M. No. 00-2-10-SC.

Re: Amendments to Section 4, Rule 7 and Section 13, Rule 41 of the 1997 Rules of Civil Procedure AMENDMENT TO SECTION 4, RULE 7 AND SECTION 13, RULE 41 OF THE1997 RULES OF CIVIL PROCEDURE.
The Court resolved to AMEND the following provisions in the 1997 Rules of Civil Procedure: (a) Section 4 of Rule 7; and (b) Section 13 of Rule 41, to read as follows:chanroblesvirtuallawlibrary RULE 7 SEC. 4. Verification. - Except when otherwise specifically required by law or rule, pleadings need not be under oath, verified or accompanied by affidavit. A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his personal knowledge or based on authentic records. A pleading required to be verified which contains a verification based on information and belief, or upon knowledge, information and belief, or lacks a proper verification, shall be treated as an unsigned pleading.(4a)

RULE 41 SEC. 13. Dismissal of appeal. - Prior to the transmittal of the original record or the record on appeal to the appellate court, the trial court may, motu proprio or on motion, dismiss the appeal for having been taken out of time or for non-payment of the docket and other lawful fees within the reglementary period. (13a) The foregoing amendments shall take effect on May 1, 2000, following the publication of this Resolution in two (2) newspapers of general circulation not later than March 15, 2000.

EN BANC RESOLUTION A.M. No. 07-7-12-SC - AMENDMENTS TO RULES 41, 45, 58 AND 65 OF THE RULES OF COURT
Acting on the recommendation of the Chairperson and Members of the Subcommittee on the Revision of Rule 65 submitting for this Courts consideration and approval the proposed amendments to Rules 41, 45, 58 and 65 of the Rules of Court, the Court Resolved to APPROVE the same.chanroblesvirtuallawlibrary This Resolution shall take effect on December 27. 2007 following its publication in a newspaper of general circulation.

BAR MATTER NO. 803 February 17, 1998

Gentlemen: Quoted hereunder, for your information, is a resolution of the Court En Banc dated February 17, 1998 Bar Matter No. 803. Re: Correction of clerical errors in the 1997 Rules of Civil Procedure which were approved on April 8, 1997, effective July 1, 1997. The Court Resolved to CORRECT the following provisions in the 1997 Rules of Civil Procedure: (a) Section 7 of Rule 13; (b) Section 1 (c) of Rule 50; (c) Section 5 of Rule 58; and Section 1 of Rule 63; and (e) Section 2 of Rule 64, to read as follows: RULE 13 Section 7. Service by mail. Service by registered mail shall be made by depositing the copy in the post office, in a sealed envelope, plainly addressed to the party or his counsel at his office, if known otherwise at his residence, if known, with postage fully pre-paid, and with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered. If no registry service is available in the locality of either the sender or the addressee, service may be done by ordinary mail. (5a) RULE 50 SECTION 1. Grounds for dismissal of appeal. An appeal may be dismissed by the Court of Appeals on its own motion or on that of the appellee on the following grounds. xxx xxx xxx

(c) Failure of the appellant to pay the docket and other lawful fees as provided in section 5 of Rule 40 and section 4 of Rule 41; RULE 58 Section 5. Preliminary injunction not granted without notice; exception . No preliminary injunction shall be granted without hearing and prior notice to the party or person 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 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 said 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, determine within the same period whether or not the preliminary injunction shall be granted and accordingly issue the corresponding order. RULE 63 SECTION 1. Who may file petition. Any person interested under a deed, will, contract or other written instrument, or whose rights are affected by a statute, executive order or regulation, ordinance, or any other governmental regulation may, before breach or violation thereof, bring an action in the appropriate Regional Trial Court to determine any question of construction or validity arising, and for a declaration of his rights or duties thereunder. RULE 64 Section 2. Mode of review. A judgment or final order or resolution of the Commission on Elections and the Commission on Audit may be brought by the aggrieved party to the Supreme Court oncertiorari under Rule 65, except as hereinafter provided. (n)

CIRCULAR NO. 24-94.

TO: COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND ALL MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES SUBJECT: RESOLUTION OF THE COURT EN BANC APPROVING AND PROMULGATING THE REVISED PROVISION ON EXECUTION OF JUDGMENT, SPECIFICALLY IN APPEALED CASES, AND AMENDING SECTION 1, RULE 39 OF THE RULES OF COURT. It appears that in a number of instances, the execution of judgments in appealed cases cannot be promptly enforced because of undue administrative delay in the remand of the records to the court of origin, aggravated, at times, by misplacement or misdelivery of said records. The

Supreme Court Committee on the Revision of the Rules of Court has drafted proposals including a provision which can remedy the procedural impasse created by said contingencies.cralaw Accordingly, pending approval by the Court of the Revised Rules on Civil Procedure and to provide a solution to the aforestated problems, the Court resolved to approve and promulgate the following Section thereof on execution of judgment, amending Section 1, Rule 39 of the Rules of Court:chanroblesvirtuallawlibrary "Section 1. Execution Upon Judgments or Final Orders. Execution shall issue as a matter of right, on motion, upon a judgment or order that disposes of the action or proceeding upon expiration of the period to appeal therefrom if no appeal has been duly perfected. "If the appeal has been duly perfected and finally resolved, such execution may forthwith be applied for in the lower court from which the action originated, on motion of the judgment obligee, submitting therewith certified true copies of the judgment or judgments or the final order or orders sought to be enforced and the entry thereof with notice to the adverse party.cralaw "The appellate court, on motion in the same case, when the interest of justice so requires, direct the court of origin to issue the writ of execution."

EXECUTIVE ORDER NO. 33 AMENDING CERTAIN SECTIONS OF THE JUDICIARY REORGANIZATION ACT OF 1980, AS AMENDED
I, CORAZON C. AQUINO, President of the Philippines, do hereby order: Section 1. The title of Chapter I of Batas Pambansa Blg. 129 is hereby amended to read as follows: "THE COURT OF APPEALS" Section 2. Section 3, Chapter I of Batas Pambansa Blg. 129, is hereby amended to read as follows: "Sec. 3. Organization. There is hereby created a Court of Appeals which shall consist of a Presiding Justice and fifty Associate Justices who shall be appointed by the President of the Philippines. The Presiding Justice shall be so designated in his appointment, and the Associate Justice shall have precedence according to the dates of their respective appointments, or when the appointments of two or more of them shall bear the same date, according to the order in which their appointments were issued by the President. Any member who is reappointed to the Court after rendering in any other position in the government shall retain the precedence to which he was entitled under his original appointment, and his service in the Court shall, for all intents and purposes, be considered as continuous and uninterrupted."

Section 3. Section 4 of the same Act is hereby amended to read as follows: "Sec. 4. Exercise of powers and functions. The Court of Appeals shall exercise its powers, functions, and duties through seventeen (17) divisions, each composed of three (3) members. The Court may sit en banc for the purpose of exercising administrative, ceremonial or other non-adjudicatory functions." Section 4. Section 8 of the same Act is hereby repealed. Section 5. The second paragraph of Section 9 of the same Act is hereby amended to read as follows: "The Court of Appeals shall have the power to receive evidence and perform any and all acts necessary to resolve factual issues raised in (a) cases falling within its original jurisdiction, such as actions for annulment of judgments of regional trial courts, as provided in paragraph (2) hereof; and in (b) cases falling within its appellate jurisdiction wherein a motion for new trial based only on the ground of newly discovered evidence is granted by it." Section 6. Section 11 of the same Act is hereby amended to read as follows: "Sec. 11. Quorum. A majority of the actual members of the Court shall constitute a quorum for its session en banc. Three members shall constitute a quorum for the sessions of a division. The unanimous vote of the three members of a division shall be necessary for the pronouncement of a decision or final resolution, which shall be reached in consultation before the writing of the opinion by any member of the division. In the event that the three members do not reach a unanimous vote, the Presiding Justice shall request the Raffle Committee of the Court for the designation of two additional Justices to sit temporarily with them, forming a special division of five members and the concurrence of a majority of such division shall be necessary for the pronouncement of a decision or final resolution. The designation of such additional Justices shall be made strictly by raffle. A motion for reconsideration of its decision or final resolution shall be resolved by the Court within ninety (90) days from the time it is submitted for resolution, and no second motion for reconsideration from the same party shall be entertained." Section 7. Subsection (d) of Section 14 of the same Act is hereby amended to read as follows: "(d) One hundred seventy-two (172) Regional Trial Judges shall be commissioned for the National Capital Judicial Region. There shall be: Fifty-five branches (Branches 1 to 55) for the City of Manila, with seats thereat; Thirty-two branches (Branches 76 to 107) for Quezon City, with seats thereat;

Twelve branches (Branches 108 to 119) for Pasay City, with seats thereat; Fifty-eight branches (Branches 56 to 74 and 132 to 170) for the municipalities of Navotas, Malabon, San Juan, Mandaluyong, Makati, Pasig, Pateros, Taguig, Marikina, Paraaque, Las Pias, and Muntinlupa; Branches 56 to 66 and 132 to 150 with seats at Makati; Branches 67 to 71 and 151 to 168 at Pasig; and Branches 72 to 74, 169 and 170 at Malabon; and Three branches (Branches 75, 171 and 172) for the municipality of Valenzuela, with seats thereat." Section 8. The terms "Intermediate Appellate Court, Presiding Appellate Justice and Associate Appellate Justice(s)" used in the Judiciary Reorganization Act of 1980 or in any other law or executive order shall hereafter mean Court of Appeals, Presiding Justice and Associate Justice(s), respectively. Section 9. This Executive Order shall take effect immediately. lawphi1.net DONE in the City of Manila, this 28th day of July, in the year of Our Lord, nineteen hundred and eighty-six.

Republic Act No. 296

June 17, 1948

THE JUDICIARY ACT OF 1948

Section 23. General make-up of volumes. - Each volume of the decisions of the Supreme Court shall contain a table of the cases reported and of the cases cited in the opinions and a full and alphabetical index of the subject matters of the volume prepared by the Reporter, shall contain not less than seven hundred and fifty pages of printed matter, shall be well printed, upon good paper, and well bound in the best law sheep substantially in the manner of the reports of the decisions of the Supreme Court of the United States, and shall be styled "Philippine Reports," and numbered consecutively, in the order of the volumes published.