7/29/2019 Rules 56-A to 56-b Procedure in the Supreme Court

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THE 1997 RULES OF CIVIL PROCEDURERules 1 to 71

[Took effect on July 1, 1997, in accordance with the

resolution in Bar Matter No. 803 adopted by the Supreme

Court in Baguio City on April 8, 1997]PROCEDURE IN THE SUPREME COURT

[Rules 56-A to 56-B]RULE 56-A

ORIGINAL CASESSection 1. Original cases cognizable. Only petitions for certiorari, prohibition, mandamus, quo

warranto, habeas corpus, disciplinary proceedingagainst members of the judiciary and attorneys, and

cases affecting ambassadors, other public ministers

and consuls may be filed originally in the Supreme

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 ssaid Rulesdealing strictly with and specifically intended

for appealed cases in the Court of Appeals shall

not be applicable; and c) Eighteen (18) clearlylegible copies of the petition shall be filed,

together with proof of service on all adverse

parties. The proceedings for disciplinary actionagainst members of the judiciary shall be

governed by the laws and Rules prescribedtherefor, and those against attorneys by Rule

139-B, as amended.RULE 56-B

APPEALED CASESSec. 3. Mode of appeal. An appeal to the Supreme Court may be taken only by a

7/29/2019 Rules 56-A to 56-b Procedure in the Supreme Court

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petition for review on certiorari, except in criminal

cases where the penalty imposed is death, reclusion

perpetua or life imprisonment.Sec. 4. Procedure. The appeal shall be governed by and disposed of in

accordance with the applicable provisions of theconstitution, laws, Rules 45, 48, Sections 1, 2, and 5

to 11 of Rule 51, 52 and this Rule.Sec. 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 thepetition; (c) Failure to pay the requisite docketfee and other lawful fees or to make a deposit

for costs; (d) Failure to comply with therequirements regarding proof of service andcontents of and the documents which should

accompany the petition; (e) Failure to complywith any circular, directive or order of the

Supreme Court without justifiable cause; (f)Error in the choice or mode of appeal; and (g)The fact that the case is not appealable to the

Supreme court.Sec. 6. Disposition of improper appeal. Except as provided in Section 3, Rule 122 regarding

appeals in criminal cases where the penalty imposed isdeath, reclusion perpetua or life imprisonment, an

appeal taken to the Supreme Court by notice of appeal

shall be dismissed. An appeal by certiorari taken tothe 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

issues of fact are involved shall be final.Sec. 7. Procedure if opinion is equally divided. Where the Court en banc is equally divided in opinion, or

the necessary majority cannot be had, the case shallagain 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.