RULE 125

PROCEDURE IN THE SUPREME COURT

SECTION 1. UNIFORM PROCEDURE
The procedure in the Supreme Court in original, as well as in appealed cases, is the
same as in the Court of appeals, EXCEPT when otherwise provided by the
Constitution or the law.
A case may reach the Supreme Court in the following manner:
1. automatic review
2. ordinary appeal
3. petitioner for review on certiorari
effects of direct appeal to the Supreme Court on Question of Law in
Criminal Cases
A direct appeal to the Supreme Court on questions of law in criminal cases in
which the penalty imposed is not death or life imprisonment precludes a review of
the facts.
Cases involving both questions of law and fact come within the jurisdiction of the
Court of Appeals.
Appeal to the SC is NOT A MATTER OF RIGHT, but a matter of sound judicial
discretion. The prescribed mode of appeal is by certiorari.
SECTION 2. REVIEW OF DECISIONS OF THE COURT OF APPEALS
General rule: Findings of fact in the CA is conclusive upon the SC
Exceptions :
1. When the findings are grounded entirely on speculation surmises or
conjectures;
2. When the inference made is manifestly absurd, mistaken or impossible;
3. When there is grave abuse of discretion;
4. When the judgment is premised on a misapprehension of facts;
5. When the findings of fact are conflicting;
6. When the Court of Appeals in making its findings went beyond the issues of
the case and the same is contrary to the admissions of both appellant and
the appellee;
7. When findings are contrary to the trial court;
8. When the findings are conclusion without a citation of specific evidence on
which they are based;
9. When the facts set forth in the petition as well as in the petitioners main
and replay briefs are not disputed by the respondent;
10.When the findings of fact are premised on the supposed absence of evidence
and contradicted by the evidence on record; and
11.When the Court of Appeals manifestly overlooked certain relevant facts not
disputed by the parties, which, if properly considered, would justify a different

conclusion (Development Bank of the Philippines v. Traders Royal Bank and

Privatization and management Office, G.R. No. 171982, August 18, 2010).

Question of law - when the doubt or difference arises as to what the law is on a
certain state of facts. It must not involve an examination of the probative value of
the evidence presented by the litigants or any of them.
Question of fact - when the doubt or difference arises as to the truth or the
falsehood of alleged facts.
SECTION 3. DECISION IF OPINION EQUALLY DIVIDED
The Supreme Court, the Constitution ordains, shall be composed of a Chief Justice
and 14 associate justices. It mat sit en banc or in its discretion, in divisions of 3, 5,
or 7 members (Section 4(1), Article VIII, 1987 Constitution).
A criminal case shall be reheard by the Supreme Court when the Court en banc is
equally divided in opinion or the necessary majority cannot be had, if no decision is
reached the conviction of the lower court shall be reversed and the accused
acquitted.
According to the Constitution, only the Supreme Court en banc may modify or
reverse a doctrine or principle of law or ruling laid down by the Court in a decision
rendered en banc or in division.