A.M. No. 07-7-12-SC Dec.
4, 2007 AMENDMENTS TO In any of the foregoing circumstances, the aggrieved
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.
party may file an appropriate special civil action as
provided in Rule 65.
RULE 45
SECTION 1. Filing of petition with SC. – A party
desiring to appeal by certiorari from a judgment, final
order or resolution of the CA, the Sandiganbayan, the
CTA, the RTC or other courts, whenever authorized
by law, may file with the SC 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 (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
(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
(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 (20) days, including the original 72 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 CA or a member thereof, the
temporary restraining order shall be effective for (60)
days from service on the party or person sought to be
enjoined. A restraining order issued by the SCor a
member thereof shall be effective until further orders.
The TC, the CA, the Sandiganbyan or the CTA 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 (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 (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 (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 RTC
exercising jurisdiction over the territorial area as
defined by the SC. It may also be filed with the CA 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 CA.
In election cases involving an act or an omission of a
municipal or a RTC, the petition shall be filed
exclusively with the Comelec, 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 TRO 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 (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,
RoC.
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.