E Court On Appeal.

e Court on Appeal.
— Upon appeal from a judgment of the Regional Trial

Court, this Court may reverse, affirmed modify the judgment and increase or
reduce penalty imposed by the trial court, remand the case for new trial or
retrial, or dismiss the case. (Sec. 11, Rule 124, Rules of Criminal Procedure)
Rule 6
ANNULMENT OF JUDGMENTS OF FINAL ORDERS AND RESOLUTIONS
Section 1. Coverage. — This Rule shall govern the annulment by the Court of judgments
or final orders and resolutions in civil actions of Regional Trial Courts for which the
ordinary remedies of new trial, appeal, petition for relief or other appropriate remedies
are no longer available through no fault of the petitioner. (Sec. 1, Rule 47, RCP)
Section 2. Filing and Contents of Petition. —
a. A verified petition for annulment of judgment or final order or resolution in a

civil action from the Regional Trial Court shall state with particularly the facts
and the law relied upon for annulment, as well as those supporting the petitioner's
good and substantial cause of action or defense, as the case may be.
b. The petition shall specifically allege that the ordinary remedies of new trial,
appeal, petition for relief or other appropriate remedies are no longer available
through no fault of the petitioner.
c. The petition shall be filed in seven (7) clearly legible copies, together with
sufficient copies corresponding to the number of respondents.
d. A certified true copy of the judgment or final order or the resolution shall be
attached to the original copy of the petition intended for the Court and indicated
as such by the petitioner.
e. The petitioner shall also submit together with the petition, a sworn certification
that he has not therefore commenced any other action involving the same issues in
the Supreme Court, this Court or any different Divisions thereof, or any other
tribunal or agency; if there is such other action or proceeding, he must state the
status of the same; and if he should thereafter learn that a similar action or
proceeding has been filed or is pending with the Supreme Court, this Court or
different Divisions thereof, or any other tribunal or agency, he undertakes to
promptly inform the aforesaid courts and other tribunal or agency thereof within
five (5) days therefrom; Provided that, if the petitioner is a juridical entity, the
authority of the person subscribing such certification shall be duly supported by a
secretary's certificate or board resolution showing his authority to represent the
petitioner. (Sec. 4, Rule 47, RCP)
All petitioner are required to sign the certification by themselves or through their
duly authorized representative. In the latter case, a power of attorney shall be
attached to the petition. In case only some of the petitioners signed such
certification, the petition shall be dismissed.
Section 3. Processing of Petition. —
a. The petition shall be accompanied by an amount sufficient to cover payment of

the corresponding docket and other lawful fees including the costs prescribed in
Section 8, Rule 16 thereof, unless the petitioner is exempt from the payment of
said fees.
b. Upon the filing of the petition and payment of the docket and other lawful fees,
as well as the deposit for costs, the Special Cases Section shall prepare the rollo,
record the same in the docket book for special cases and then assign the
corresponding CA-G.R. SP number; otherwise, if the amount remitted is
insufficient, then the Special Cases Section shall assign the petition a UDK-SP
number. A notation of the payment or non-payment of the docket and other lawful
fees or the insufficiency thereof shall be made by the Special Cases Section on the
first page of the rollo. The rollo shall then be forwarded to the raffle staff for
assignment to a Justice for appropriate action. The Special Cases Section, through
the Division Clerk of Court, shall likewise make a simultaneous report to the
assigned Justice of the non-payment of the docket fee and other lawful fees, or the
incompleteness of the petition. (N)
Section 4. Judicial Action. —
a. Failure of the petition to pay the docket and other lawful fees, or to submit any
of the papers and documents mentioned under paragraphs (d) and (e), Section 2
hereof, or to specifically allege in the petition that the remedies are no longer
available through no fault of the petitioner as required under paragraph (b),
Section 2 hereof, shall be a sufficient ground for the dismissal of the petition.
b. Should the Court find no merit in the petition, either in form or substance, the
same may be dismissed outright with specific reasons for such dismissal.
c. Should the petition be found to be prima facie meritorious, the same shall be

given due course and summons shall be served upon the respondent. (Sec. 5, Rule
47, RCP)
Section 5. Procedure. — The procedure in ordinary civil cases shall be observed, but the
Court may require the parties and counsel to appear for a preliminary conference in
accordance with Rule 10 hereof. If it appears, however, that there is a need for reception
of evidence on any of the matters, taken during the conference, such reception of
evidence may be referred to a member of the Court or to a judge of the Regional Trial
Court. (Sec. 6, Rule 47, RCP)
Section 6. Effect of Judgment. — A judgment of annulment shall set aside the questioned
judgment or final order or resolution and render the same null and void, without prejudice
to the original action being rafiled in the proper court. However, where the judgment or
final order or resolution is set aside on the ground of extrinsic fraud, the Court may on
motion order the trial court to try the case as if a timely motion for new trial had been
granted therein. (Sec. 7, Rule 47, RCP)
Rule 7
PROCEDURE IN SPECIAL CIVIL ACTIONS AND HABEAS CORPUS
Section 1. Special Civil Actions or Special Proceedings. — Original verified petitions

for certiorari, prohibition, mandamus, habeas corpus, quo warranto and other petition
may be filed with the Court. Action for certiorari, prohibition and mandamus are
governed by Rule 65, quo warranto by Rule 66, and habeas corpus by Rule 102 of the
Rules of Court.
Section 2. When to File Petition. —
a. A petition under Rule 65 of the Rules of Court may be filed no later than sixty
(60) days from notice of the judgment, order or resolution sought to be assailed in
this Court, whether or not the same is in aid of its appellate jurisdiction. The
petition shall also be filed with and cognizable only by this Court if it involves
acts or omissions of a quasi-judicial agency, unless otherwise provided by law or
the Rules of Court. (Sec. 4, Rule 65, RCP)
b. If the petitioner had timely filed a motion for new trial or reconsideration after
notice of said judgment, order or resolution, the period herein fixed shall be
interrupted. If the motion is denied, the aggrieved party may file the petition
within the remaining period which shall, in no case, be less than five (5) days,
reckoned from notice of such denial. No extension of time to file the petition shall
be granted except for the most compelling reason and in no case to exceed fifteen
(15) days. (SC Resolution en banc dated July 21, 1998 in Bar Matter No. 803)
Section 3. What Should be Filed. —
a. The petition shall contain the full names and actual addresses of all the
petitioners and respondents, a concise statement of the matters involved, the
factual background of the case, and the grounds relied upon for the relief prayed
for. (Sec. 3, Rule 46, RCP)
b. The petition shall further indicate the material dates showing when notice of the
judgment or final order or resolution subject thereof was received, when a motion
for new trial or reconsideration, if any, was filed and when notice of the denial
thereof was received. (SC Resolution en banc, supra.)
c. The petition shall be filed in seven (7) clearly legible copies together with proof
of service thereof on the public and private respondents, with the original copy
intended for the Court indicated as such by the petitioner and shall be
accompanied by a clearly legible duplicate original or certified true copy of the
judgment, order, resolution, or ruling subject thereof, and plain copies of such
material portions of the record as are referred to therein, and other documents
relevant or pertinent thereto. (Sec. 1, Rule 65, RCP)
d. The certification of the subject judgment, order or resolution shall be

accomplished by the proper clerk of court or by the proper officer of the court,
tribunal, agency, or office involved or by his duly authorized representative. The
requisite number of c

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— Upon appeal from a judgment of the Regional Trial

Section 2. Filing and Contents of Petition. —

a. A verified petition for annulment of judgment or final order or resolution in a

Section 3. Processing of Petition. —

a. The petition shall be accompanied by an amount sufficient to cover payment of

Section 4. Judicial Action. —

c. Should the petition be found to be prima facie meritorious, the same shall be

Section 1. Special Civil Actions or Special Proceedings. — Original verified petitions

Section 3. What Should be Filed. —

d. The certification of the subject judgment, order or resolution shall be

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