BAR MATTER NO. 803 February 17, 1998


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:


Sec. 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)


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;


Sec. 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.


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.


Sec. 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 on certiorari under Rule 65, except as hereinafter provided. (n)

Very truly yours,


Clerk of Court