MEMORANDUM
CIRCULAR NO. 10[1984]
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:chanroblesvirtuallawlibrary
"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 Resolution dated
February
11, 1975, as follows:chanroblesvirtuallawlibrary
"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).cralaw:red
"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:chanroblesvirtuallawlibrary
"[a]
Cases in which
the constitutionality or validity of any treaty, executive agreement,
law,
ordinance, or executive order or regulation is in question.
"[b]
Criminal cases
in which the decision imposes the death penalty.cralaw:red
"[c] Cases
raising
novel questions of law.cralaw:red
"[d] Cases
affecting
ambassadors, public ministers and consuls.cralaw:red
"[e] Cases
where
a doctrine or principle laid down by the Court en banc or in
division
may be modified or reversed.cralaw:red
"[f] 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.cralaw:red
"[g] All
other cases
as the Court en banc, by a majority of its actual membership
may
deem of sufficient importance to merit its attention.cralaw:red
"[h] 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.cralaw:red
"[i] Cases
involving
decisions, resolutions or orders of the Sandiganbayan, Commission on
Election,
Commission on Audit, or Military Tribunals.cralaw:red
"[j] 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. MAKASIARActing
Chief Justice
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