MEMORANDUM CIRCULAR NO. 10 March 6, 1984

SUPREME COURT CIRCULARS AND ORDERS

TO: ALL JUSTICES OF THE INTERMEDIATE APPELLATE COURT, JUDGES OF THE REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS IN THE NATIONAL CAPITAL JUDICIAL REGION, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS

For the information and guidance of all concerned, quoted hereunder is the Resolution of the Supreme Court En Banc, dated February 23, 1984, to wit:

Bar Matter No. 209. In the matter of the amendment and/or clarification of various Supreme Court Rules and Regulations. Abraham F. Sarmiento, Antonio Jose F. Cortes, Liberato C. Reyna, Jr., Mariano Sarmiento II, and Carlos Dans.

Acting on the petition filed by Atty. Abraham F. Sarmiento, et al. for amendment and/or clarification of certain Supreme Court Rules and Resolutions, the Court resolved to further amend Sections 15 and 16, Rule 136 of the Rules of Court, as well as its Resolution of September 17, 1974, as amended by a Resolution dated February 11, 1975, as follows:

Effective immediately and until further action of the Court, all pleadings, briefs, memoranda, motions, and other papers to be filed before the Supreme Court and the Intermediate Appellate Court shall either be typewritten on good quality unglazed paper, or mimeographed or printed on newsprint or brown mimeograph paper, 11 inches in length by 8 1/2 in width (commonly known as letter size).

In the Supreme Court, eighteen (18) legible copies of such pleadings, briefs, memoranda, motions and other papers shall be filed in cases for consideration of the court en banc and nine (9) copies in cases to be heard before a division. Only two (2) copies thereof need be served upon each of the adverse parties in either case. For this purpose, the following are considered en banc cases:

    1. Cases in which the constitutionality or validity of any treaty, executive agreement, law, ordinance, or executive order or regulation is in question.
    2. Criminal cases in which the decision imposes the death penalty.
    3. Cases raising novel questions of law.
    4. Cases affecting ambassadors, public ministers and consuls.
    5. Cases where a doctrine or principle laid down by the court
          1. en banc or in division may be modified or reversed.

    6. Cases assigned to a division including motions for reconsideration which in the opinion of at least three (3) members merit the attention of the Court en banc and are acceptable by a majority vote of the actual membership of the Court en banc.
    7. All other cases as the Court en banc by a majority of its actual membership may deem of sufficient importance to merit its attention.
    8. Cases where the penalty to be imposed is the dismissal of a judge, officer, or employee of the Supreme Court, disbarment of a lawyer, or suspension of any of them for a period of more than six (6) months.
    9. Cases involving decisions, resolutions or orders of the Sandiganbayan, Commission on Election, Commission on Audit, or Military Tribunals.
    10. Habeas corpus cases against government or military officials.

In the Intermediate Appellate Court, only seven (7) legible copies of pleadings, briefs, memoranda, motions and other papers shall be filed and two (2) copies thereof shall be served on each of the adverse parties.

Strict compliance herewith is hereby enjoined.

Manila, March 6, 1984.

(Sgd.) FELIX V. MAKASIAR

Acting Chief Justice

The Lawphil Project - Arellano Law Foundation